For the purpose of this division, the following terms mean or include:
Board of aldermen.
The chief legislative body of the municipality.
Planning and zoning board.
The city planning and zoning board.
Streets.
Any public ways.
Subdivision of a parcel of land into two or more lots, or other divisions of land
includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
(Ordinance 93-427, sec. 1, adopted 12/7/93; Ordinance adopting Code)
The planning and zoning board shall consist of seven (7) members. Such members shall include five (5) “citizen members” approved for two-year terms. The planning and zoning board shall also include the mayor and a member of the city council selected by the council. All citizen members shall be appointed by the mayor and approved by the council. Citizen members of the commission shall serve without compensation. Such members first appointed shall be for varying one (1) or two (2) year terms so that succeeding terms will be staggered. Any vacancy in membership of the commission shall be filled for unexpired term by appointment as aforesaid. The council may remove any citizen member for cause stated in writing. Any member that fails to attend three consecutive meetings without reason satisfactory to the board of aldermen shall be removed from the planning and zoning board.
(Ordinance 93-427, sec. 2, adopted 12/7/93; Ordinance 2015-427B adopted 8/4/15; Ordinance adopting Code; Ordinance 93-427 adopted 10/3/17)
The planning and zoning board shall elect a chairman, vice chairman, and secretary from among the citizen members. The term of the chairman, vice chairman, and secretary shall be for one (1) year with eligibility for reelection. The planning and zoning board shall hold regular meetings and special meetings as they provide by rule, and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records. The planning and zoning board shall appoint the employees and staff necessary for its work, and may contract with city planners and other professional persons for the services that it requires. The expenditures of the planning and zoning board, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the board of aldermen.
(Ordinance 93-427, sec. 3, adopted 12/7/93; Ordinance 2015-427B adopted 8/4/15; Ordinance adopting Code)
The planning and zoning board shall make and adopt a city plan for the physical development of the municipality. The city plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning and zoning board’s recommendations for the physical development and uses of land and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; and the general character, extent and layout of the replanning of blighted districts and slum areas. The planning and zoning board may also prepare a zoning plan for the regulation of the height, area, bulk, location and use of private, nonprofit and public structures and premises, and of population density, but the adoption, enforcement and administration of the zoning plan shall conform to the provisions of sections 89.010 to 89.250 RSMo.
(Ordinance 93-427, sec. 4, adopted 12/7/93; Ordinance adopting Code)
In the preparation of the city plan, the planning and zoning board shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the municipality which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.
(Ordinance 93-427, sec. 5, adopted 12/7/93; Ordinance adopting Code)
The planning and zoning board may adopt the plan as a whole by a single resolution, or, as the work of making the whole city plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof the planning and zoning board shall hold at least one public hearing thereon. Fifteen days’ notice of the time and place of such hearing shall be published in at least one newspaper having general circulation within the municipality. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the planning and zoning board. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the planning and zoning board to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the planning and zoning board and filed in the office of the planning and zoning board, identified properly by file number, and a copy of the plan or part thereof shall be certified to the board of aldermen and the city clerk and a copy shall be recorded in the office of the county recorder of deeds.
(Ordinance 93-427, sec. 6, adopted 12/7/93; Ordinance adopting Code)
The planning and zoning board may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, civic, educational, and professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the planning and zoning board, within a reasonable time, all available information it requires for its work. The planning and zoning board, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the planning and zoning board shall have the power necessary to enable it to perform its functions and promote municipal planning.
(Ordinance 93-427, sec. 7, adopted 12/7/93; Ordinance adopting Code)
(a) 
Whenever the planning and zoning board adopts the plan of the municipality or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and the location, extent and character thereof, having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the municipality until the location, extent and character thereof has been submitted to and approved by the planning and zoning board.
(b) 
In case of disapproval, the planning and zoning board shall communicate its reasons to the board of aldermen, and the board of aldermen, by vote of not less than two-thirds of its entire membership, may overrule the disapproval and, upon the overruling, the board of aldermen or the appropriate board or officer may proceed, except that if the public facility or utility is one, the authorization or financing of which does not fall within the province of the board of aldermen, then the submission to the planning and zoning board shall be by the board having jurisdiction, and the planning and zoning board’s disapproval may be overruled by that board by a vote of not less than two-thirds of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the planning and zoning board to act within sixty days after the date of official submission to it shall be deemed approval.
(Ordinance 93-427, sec. 8, adopted 12/7/93; Ordinance adopting Code)
When the planning and zoning board adopts a city plan which includes at least a major street plan or progresses in its city planning to the making and adoption of a major street plan, and files a certified copy of the major street plan in the office of the county recorder, no plat of a subdivision of land lying within the municipality shall be filed or recorded until it has been
submitted to and a report and recommendation thereon made by the planning and zoning board to the board of aldermen and the board of aldermen has approved the plat as provided by law.
(Ordinance 93-427, sec. 10, adopted 12/7/93; Ordinance adopting Code)
(a) 
The planning and zoning board shall recommend and the board of aldermen may by ordinance adopt regulations governing the subdivision of land within its jurisdiction. The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the municipality; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the city plan or official map of the municipality; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic.
(b) 
The regulations may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereof shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all of these requirements is a condition precedent to the approval of the plat. The regulations or practice of the board of aldermen may provide for the tentative approval of the plat previous to the improvements and installations, but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installations previous to the final approval of a plat, the board of aldermen may accept a bond in an amount and with surety and conditions satisfactory to it, providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the board of aldermen and expressed in the bond; and the board of aldermen may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the board of aldermen is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the city plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.
(c) 
Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing thereon shall be held by the board of aldermen.
(Ordinance 93-427, sec. 11.1, adopted 12/7/93; Ordinance adopting Code)
Within sixty days after the submission of a plat to the planning and zoning board, the planning and zoning board shall approve or disapprove the plat; otherwise the plat is deemed approved by the planning and zoning board, except that the planning and zoning board, with the consent of the applicant for the approval, may extend the sixty-day period. The ground of disapproval of any plat by the planning and zoning board shall be made a matter of record.
(Ordinance 93-427, sec. 12, adopted 12/7/93; Ordinance adopting Code)
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 board of aldermen or planning and zoning board and recorded in the office of recorder of deeds of the county. Any person violating the provisions of this section shall forfeit and pay to the city 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.
(Ordinance 93-427, sec. 14, adopted 12/7/93; Ordinance adopting Code)
Upon adoption of a major street plan and subdivision regulations, the city shall not accept, lay out, open, improve, grade, pave or light any street or lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the municipality unless the street has received the legal status of a public street prior to the adoption of a city plan, or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the board of aldermen or planning and zoning board or on a street plan made by and adopted by the planning and zoning board. The board of aldermen may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the planning and zoning board for its approval and approved by the planning and zoning board or, if disapproved by the planning and zoning board, is passed by the affirmative vote of not less than two-thirds of the entire membership of the board of aldermen.
(Ordinance 93-427, sec. 15, adopted 12/7/93; Ordinance adopting Code)
After the adoption of a major street plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the planning and zoning board unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of section 1.04.045 hereof.
(Ordinance 93-427, sec. 16, adopted 12/7/93; Ordinance adopting Code)
Whenever a plan for major streets has been adopted, the board of aldermen, upon recommendation of the planning and zoning board, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the board of aldermen is authorized to prohibit any new building being located within the proposed site or right-of-way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the planning and zoning board and adopted by the board of aldermen. The board of aldermen shall provide for the method by which this section shall be administered and enforced and may provide for a board of adjustment with powers to modify or vary the regulations, in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. The board of zoning adjustment of the city shall constitute the board of adjustment for the building line regulations. The regulations of this section shall not be adopted, changed or amended until a public hearing has been held thereon as provided in section 1.04.036.
(Ordinance 93-427, sec. 17, adopted 12/7/93; Ordinance adopting Code)
Any person violating the provisions of this division is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by confinement in the county jail for not more than one year, or by both such fine and confinement.
(Ordinance 93-427, sec. 18, adopted 12/7/93)