[CC 1990 § 23-1; Ord. No. 124 §§ 1 — 3, 6-20-1988; Ord. No. 422 §§ 1 —
3, 3-5-1990]
A. The document entitled City of Chesterfield Comprehensive Plan, approved
by the Planning Commission with its accompanying Zoning District Maps
on February 12, 1990 as presented to this Council, is hereby adopted
by the City of Chesterfield to be known as the "Comprehensive Plan
for the City of Chesterfield," including the Zoning District Maps
(1 through 36).
B. The Department of Planning is directed to
place the Comprehensive Plan in final form for its use by the Planning
Commission, the general public and to be recorded with the Recorder
of Deeds of St. Louis County.
C. The Planning Commission is to consider the Comprehensive Plan as
a flexible guideline and when reviewing petitions for the rezoning
of property or comparable proceedings brought before it, the Commission
is instructed to weigh the desirability of such rezoning in light
of such changes in population projections and public welfare needs
as may then be brought to its attention by the Department of Planning.
As information is developed, the Planning Commission is directed to
bring to the attention of this Council or any future Council such
adjustments in the Comprehensive Plan as are necessary to ensure the
coordinated growth of the City, where such adjustments do not involve
a particular rezoning application; but no failure to explicitly modify
the Comprehensive Plan shall operate to deny or prejudice any person
seeking rezoning or other development permission.
[CC 1990 § 23-2; Ord. No. 31 §§ 1 — 3, 6-1-1988]
A. All site plans, development plans or subdivision plans submitted
to the City for zoning that existed prior to the incorporation of
the City, to include planned districts and special districts, shall
be approved by the Planning Commission.
B. All cases dealing with residential, single-family detached dwellings
shall not require final approval of the Commission, but may be given
approval by the consultant hired by the City or by the City's
planning staff as the case may be.
C. The initial review process under this Section may be by a subcommittee
established by the Planning Commission of not less than three (3)
Commission members. Said subcommittee shall make recommendations to
the full Commission regarding final approval.
[CC 1990 § 23-16; Ord. No. 27 § 1, 6-1-1988]
The purpose of this Article is hereby to create a Planning and
Zoning Commission; establish the number of members, qualifications,
method of appointment and the terms of office of the Planning and
Zoning Commission; and describe the powers and duties of the Planning
and Zoning Commission.
[CC 1990 § 23-17; Ord. No. 27 § 2, 6-1-1988]
A Planning and Zoning Commission for the City of Chesterfield
is hereby established and hereafter will be known as the "Planning
Commission."
[CC 1990 § 23-18; Ord. No. 2582 § 1, 12-9-2009]
A. The Planning Commission is a statutory committee of the City of Chesterfield.
A statutory committee is a board, commission or committee which is
established pursuant to a specific State enabling Statute or established
pursuant to a specific ordinance as approved by the City Council.
B. The Planning Commission shall consist of nine (9) citizen voting
members as nominated by the Mayor and approved by the City Council
and shall also include the Mayor and a member of the City Council
selected by the City Council as non-voting members.
C. All citizen members shall be registered voters and have been a resident
of the City for not less than one (1) year preceding the date of appointment.
D. A person, upon accepting membership to this statutory committee,
must:
1.
Resign from any other statutory committee; and
2.
Resign as Chair or leader of any other City committee, commission,
board or task force, however a person may retain membership on a City
committee, commission, board or task force if desired.
[CC 1990 § 23-19; Ord. No. 27 § 4, 6-1-1988]
The citizen members of the Commission shall be appointed by the Mayor with the consent and approval of the majority of the members of the City Council upon enactment of this Article. Thereafter, any vacancy occurring in a citizen membership shall be filled as provided in Section
400.140(B).
[CC 1990 § 23-20; Ord. No. 27 § 5, 6-1-1988; Ord. No. 247 § 1, 2-6-1989; Ord. No. 933 § 1, 7-18-1994]
A. The
City Engineer shall serve as long as employed by the City.
B. The terms of the citizen membership of the Commission shall be for
a period of four (4) years from the date of their appointment by the
Mayor, unless said appointment is to fill an unexpired term under
which condition the appointment shall be for the unexpired term being
filled. The terms of all appointments made shall be a term ending
on the first Monday in June of each respective year or until such
member has been replaced in accordance with the City ordinances. The
terms of all currently appointed Commission members shall be extended
until the first Monday in June in the fourth year of their appointment.
C. Their terms shall be specified by the Mayor at the time of their
appointment. Thereafter, all members shall be appointed for a term
of four (4) years. Appointments for any unexpired term shall be for
the unexpired terms being filled. The terms shall expire on the Monday
preceding the Chesterfield municipal election in April of each respective
year.
D. Any citizen member of the Commission may be removed by a majority
of the City Council at any time, for cause stated in writing after
a public hearing held seven (7) days from such notice and decision
rendered within seven (7) days after said hearing.
[CC 1990 § 23-21; Ord. No. 27 § 6, 6-1-1988]
A. The Commission shall have the necessary power and authority and is
hereby authorized to:
1.
Adopt and promulgate and amend rules, regulations and procedures,
not inconsistent with the law and ordinances of the City, for the
operation of said Commission and carrying out of the provisions of
this Article.
2.
Have general supervision of the enforcement of any zoning ordinances
enacted by the City Council.
3.
Prepare a zoning plan for the City which shall conform to the
provisions of Sections 89.010 through 89.144, RSMo., and Sections
89.300 through 89.490, RSMo., as amended; or shall hereafter be revised
or amended, and which shall include recommendations to the City Council
relating to, among other things:
a.
The height, number of stories and size of buildings and other
structures within the City.
b.
The percentage of lots that may be occupied within the City.
c.
The size of yards, courts and other open spaces within the City.
d.
The density of population within the City.
e.
The preservation of features of historical significance within
the City.
f.
Location and use of buildings, structures and land for trade,
industry, residence or other purposes within the City.
g.
The division of the City into districts and the regulation and
restriction of the erection, construction or reconstruction, alteration
or use of buildings, structures or land thereon.
h.
Recommend to the Mayor and City Council programs for public
improvements and the financing thereof.
i.
Enter upon any land to make examinations and surveys in the
performance of its functions.
4.
Adopt a Comprehensive City Plan as defined in Section 89.340,
RSMo.
[CC 1990 § 23-22; Ord. No. 27 § 7, 6-1-1988]
A. The duties of the Commission shall be as follows:
1.
Make recommendations to the Mayor and the City Council related
to:
a.
The boundaries of the various zoning districts and appropriate
regulations to be enforced therein; make a preliminary report of same;
hold public hearings thereon and submit to the Mayor and the City
Council its final reports of same and thereafter make recommendations
to the Mayor and the City Council as to amendments, modifications
or revisions of such final plan.
b.
The locations, length, width, naming or arrangement of any street,
boulevard, highway, alley, waterway, bridge, viaduct, park, playground
or other public places or improvements.
c.
The platting of public property into lots, plots, streets, boulevards,
highways, waterways, alleys, transportation or other channels for
communication of any kind.
d.
The design, location and grouping of public buildings.
e.
The design and location of power and lighting plants.
f.
The design and location of memorials, works of art.
g.
The design and location of street lighting standards.
h.
The general location and extent of communication and power poles
lines above or below ground and other public utilities and terminals
whether publicly or privately owned.
i.
The design and location of billboards or projection signs.
j.
Rules, regulations, procedures and minimum standards for the
subdivision of land within the City as set forth in the ordinance
(Chapter 410) and amendments thereto.
2.
Recommendations to the Mayor and City Council pursuant to Section
400.160(A)(1) shall only be made after first holding at least one (1) public hearing thereon as provided in Section 89.360, RSMo., and upon a vote for adoption of such recommendation by a vote of a majority of the full membership of the Commission.
3.
Hear all applications and hold public hearings for special use
permits, planned commercial districts and any other change of zoning
and forward such applications to the Mayor and the City Council with
its recommendations. The Commission shall, within seventy-five (75)
days from the date on which such application is referred, render a
full report to the Mayor and the City Council regarding its findings
and recommendations. A majority of the City Council may extend the
period of time in which the report is to be submitted upon written
request from the Chairman of Planning and Zoning Commission.
4.
The recommendations of the Commission shall not be binding upon the City Council which may approve or disapprove the Commission's recommendations. However, in the event of a disapproval by the Commission of any application made pursuant to Subsection
(A)(3), the Commission shall communicate its reasons for disapproval to the Council and thereafter the City Council may overrule such disapproval only upon a vote of not less than three-fourths (3/4) of its entire membership. No planning recommendation in proposed zoning ordinance or any modification amendment or revision thereof shall be considered by the City Council until and unless the same shall have been first submitted to the Commission for its examination and recommendation thereon.
5.
Perform such other duties as may be provided by law, ordinance
or resolution of the City Council.
6.
The Commission shall elect from its citizen members a Chairman,
Vice Chairman and Secretary at its first meeting after the annual
City election or as soon thereafter as possible.
7.
The Commission shall make monthly reports, including minutes
of all meetings, to the Mayor and City Council covering activities,
investigations, transactions and recommendations and such other reports
relative thereto as may be deemed proper or as required by the Mayor
or City Council. These reports shall be public records.
8.
The Commission shall appoint the employees and staff necessary
to carry out the provision of this Article and may contract with City
planners and other professional persons for the services it requires.
9.
The salaries or compensation of any person separately employed
by the Commission shall be fixed by resolution of the City Council.
10.
The Commission shall submit an annual budget to the City Council.
The City Council shall annually fix a sum to be used for the management
and jurisdiction of the Commission; however, the Commission shall
at no time incur expenses or obligate the City Council for any amount
in excess of the appropriation made by the City Council for operating
expenses as provided for in this Section.
11.
The Commission shall hold regularly scheduled monthly meetings
and all such meetings shall be public meetings. In addition, special
meetings shall be called as required by the Mayor, City Council or
by the Chairman of the Commission. All members shall be given written
notice within a minimum of five (5) days of all special meetings,
whether held in public or in executive session, unless waived by the
individual members. All meetings of the Commission shall be conducted
according to the rules adopted by it, but in absence of such rules,
then Robert's Rules of Order shall apply, unless the Commission
determines that a variance from such rules is desirable.
[CC 1990 § 23-23; Ord. No. 27 § 8, 6-1-1988]
All plats of proposed subdivision shall, before being approved
by the City Council, be submitted to the Commission for consideration
and recommendation thereon.
[CC 1990 § 23-24; Ord. No. 27 § 9, 6-1-1988]
Appeal may be taken from any decision or rulings of the Commission
to the Board of Adjustment as provided for in this Code, which Board
shall hear and pass on such appeals.
[CC 1990 § 400.190]
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City, knowingly or with intent to
defraud, may transfer, sell, agree to sell, or negotiate to sell that
land by reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the Council or Planning
Commission and recorded in the office of the appropriate County Recorder
unless the owner or agent shall disclose in writing that such plat
has not been approved by such Council or Planning Commission and the
sale is contingent upon the approval of such plat by such Council
or Planning Commission. Any person violating the provisions of this
Section shall forfeit and pay to the municipality a penalty not to
exceed three hundred dollars ($300.00) for each lot transferred or
sold or agreed or negotiated to be sold; and the description by metes
and bounds in the instrument of transfer or other document used in
the process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.