HomeMy WebLinkAboutCityMgrForm.540.11-18-1970 GITY MANAGER FORM ORDINANCE N0. �y-(7
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINA,NCES BY
CREATING A CITY PLANNING AND ZONIDIG COMMISSION, DESCRIBING THE
PURPOSE AND PERSONTdEL OF THE COMMISSION, THE METHOD OF THEIR
APPOINTMENT AND REMOVAL, AND DEFINING ITS POWERS, DUTIES, AND
PRCOCEDURES, REPEALING CONFLICTING ORDINANCES, FTXING THE TIME
�niHEN 5AID ORDINANCE SHA.LL BECOME EFFECTIVE, AND SETTING PENALTIES
FOR VIOLATION OF ITS PROVISIONS
_ _ _ _ _
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRA.RDEAU, MISSOURI, AS FOLLOWS:
SECTION l. Def'initions . For the purpose of this Ordinance,
the following terms mean or include:
. 1. "Council", the chief legislative body of the
City of Cape Girardeau;
. 2. "Streets" , any public ways;
. 3. "Subdivision°' , the division of a parcel of land
into two or more lots, or other divisions of land; it includes
resubdivision and, when appropriate to the context, relates to the
process of subdividing or to the land or territory subdivi.ded;
.4. "Commi�sion" , Planning and Zoning Commission.
_ _ _ _ _ _ _.
SECTION 2. Composit'ion; Appoiritmerit, fierM, Qual 'ificat�ons
and Compensatiori of ^�Iem�ers.
The Commission shall consi.st of eleven (11) members,
including the Mayor, a member of the City Counci:l selected by the
Council, the City Engineer and eight (8) Citizens appointed by the
Mayor and approved bX the Council. Al1 Citi.zen members of the
Commission shal.l serve �tithout compensation. The term of each of
the Citizen members shall be for four (4) years , except the terms
of the Citizen members first appointed shall be for varying periods
so that succeeding terms will be staggered. Any vacancy in a
membership shall be filled for the unexpired term by appointment
as aforesaid. The Counci.l may remove any Citizen member for cause
stated in writing and after Public Hearing.
- 2 -
_ _ _ __ _ __ _
SECTION 3 . Cominissi'ori Officers ,' Rules`, Records,' F.�nployees,
Expenditures.
The Commi.ssion shall elect annually, from its members,
its own Chai.rman, Vice-chairman and Secretary, and �rom time to time
provide such rules and regulations, not inconsistent with the
Ordinances of the City of Cape Girardeau or the laws of the State
of Missouri, �or its own oxganization and procedure as it may deem
proper, provided, however, its Chairman shall be elected from the
appoi,nted Citizen members. The Commissi,on shall hold regular
meetings and speci�al meetings as they provide by rule, and shall keep
a record of its proceedings. These records sh.all be public records .
The Commission shall appoint the employees and staff necessary for
its c�rork, and may contract with City Planners and other professional
persons for the services that it requires. The expenditures of the
Commission shall be v�rithin the amounts appropriated for the puxpose
by the City Council.
_
SECTION 4. City Plan, Contents , Zoning Plan.
The Commissian shall make and adopt a City Plan for the
physical development of the City of Cape Girardeau. The City �'lan, with
the accompanying maps, plats, charts and descriptive and explanatory
matter, shall show the Commission' s recommendations for the
physical development and uses of land, and may include, •arlang 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
pra.vately owned, the acceptance, widening, removal, extension,
relocation, narrowing, vacation,abandonment or change of use of
any of the foregoing; the general character, extent and layout
of the replanning of blighted districts and slum areas. The
Commissi,on may also prepare a Zoning Plan for the regulations of
the hei.ght, area, bulk, location and use of pri,vate, 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 . O1Q to 89 .250
RSMo 1969, as amended.
- 3 -
SECTION 5. Plan, Prepared How, Purposes .
In the preparation of the City �lan, the Comm�ssion shall
make careful and comprehensive surveys and studies of the existing
conditions and probable future growth of the City of Cape Girardeau.
The �lan �hall be made with the general purpose of guiding and
accompl�sh:i;ng a coord�nated developmerit of the City 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.
_
SECTZON 6. Adoption of Plan, Procedure.
The Commiss�;on may adopt the Plan as a whole by a single
Resoluti,on, ,or, as the �rork of making the whole City Plan progresses,
may �rom ti,me to time adopt a part or parts thereof, any part to
correspond generallX 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 Commission shall
hold at least one Public Hearing thereon. Fifteen (15) days � Notice
of the time and place of such hearing shall be published in at least
one (l� newspaper having general circulation within the City of Cape
Girardeau. The Heari,ng may be adjourned from time to time. The
adoption of the Plan requires a majority vote of the full membership
of the Commission. The Resolution shall refer expressly to the maps,
desariptive matter and other matters intended by the Comma.ssion to
form the whole or part of the Plan and the acti.on taken shall be
recorded on the adopted Plan or part thereof by the ideritifying
signature of the Secretary of the Commission and filed in the Office
of the Gommissi:on, identified properly by file number, and a copy
of the Plan or part thereof shall be certified to the Council and
the City Clerk, and a copy shall be recorded in the Office of the
County Recorder of Deeds .
_ __ __..
SECTION 7 . Powers of Commission, Rec:ommendations .
The Commission may make reports and recommendations
relating to the Plan and development of the City to public offi,cials
and agencies, publi,c utility companies , civic, educational,
� 4 -
professional and other organization 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 Commission,
with�n a reasonable time, all available informat�on it requires for
its work. The Commission, its members and employees, in the per-
formance of its functions, may enter upon any land to make
exam�nations and surveys . In general, the Commission shall have
the power necessary to enable it to perform its functi�ns and
promote municipal planning.
_ _ . _ _ _ _ _
SECTION 8. Commiss`ion to ApproVe Tmpro'veMents,' Commission
Disapproval, Overruled, Ho�rr.
Whenever the Commission adopts the Plan of the City of
Cape Gi.rardeau 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 porti.ons thereof, shall
be constructed or authorized in the City until the location, extent
and character thereof has been submitted to and approved by the
Commission. In case of disapproval the Comm�,ssion shall communicate
its reasons to the Council, and the Council, by vote of not less
than two-tha�rds (2/3) of its entire membership, may overrule the
disapproval and, upon the overruling, the Council or the appropr�,ate
board or off�cer may proceed, except that if the public facility or
uti,li.ty is one the authorization or financing o� which does not
fall within the province of the Council, then the submission to the
Commission sh.all be by the board having jurisdi,ction, and the
Gomm%ssi,on' s disapproval may be overruled by that board by a vote of
not less than two-thirds (2/3) of its entzre membership. The
acceptance, widening, removal, extension, relocation, narrowing,
Vacati,on, abandonment, change of use, acquisition of land for, sale
or lease o� any street or other public facila.tX is subject to similar
submiss�.on and approval, and the failure to approve may be similarly
- 5 -
overruled. The failure of the Commission to act w�thin sixty (60)
days after the date of off�cial submission to is shall be deemed
approval.
_ _ _ _ .
SECTION 9. Functioris"of Cammission.
The Commission shall have all powers and perform all
of the functi,ons of the Planning and Zoning Commission as provided
for i,n Gha�ter 89 of the Revi,sed Missouri Statutes, as amended.
_ _. _ . __ ___ _. __. __. ___ _.
SECTION 10 . Comm'iss'ion To Make Re"commeridati;oris to Council
On P1ats, When.
V1h.en the Commission 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 5treet Plan in the Off_ice of the County Recorder
of the countX, no plat of a subdivision of land lying within the
City of Cape Girardeau shall be fi,led or recorded unti.l it has been
submitted to and a report and recommendation thereon made by the
Commission to the City Council and the Council has approved the plat
as provided by law.
__ _ _ __ _ _ ..
5ECTION 11. Regulatioris 'Governing Subdivi;s%on of Land,
Contents,' Publi:c Hearings.
. l. The Commisszon shall recommend and the Council
may by Ordinance adopt regulations governing the subdivision of land
within its jurisdiction. The regulations, in addi.tion to the
requirements provided by law for the approval of plats, may provide
requirements for the coordinated development of the City of Cape
Girardeau; for the coordination of streets �nrithin subdivisions with
other existi,ng or planned streets or with other features of the CitX
Plan or official map of the City; for adequate open spaces for
traf£ic, recreation, light and air; and for a distribution of
population and traffic.
. 2. The regulation may include requirements as to the
extent and the manner in which the streets o� the subdivision or
any designated portions thereto shall be graded and improved as well
- 6 -
as including requirements as to the extent and manner of the
installat�on of all ut�lity facil�ties, and compliance with all of
these requirements is a condition precedent to the approval of the
plat. The regulations or practice of the Council may provide
for the tentative approval of the plat previous to the improvements
and installations; but any tentative approval shall not be entexed
on the plat. The regulations rnay provide that, in lieu of the
complet�on of the work and installations previous to the final
approval of a plat, the Council may accept a bond in an amount and
with surety and conditions satisfactory to it, providing for and
secur�ng the actual construction and installation of the improvements
and utilities within a per�od specified by the Council and expres,sly
in the bond; and the Council may enforce the bond by all appropr�ate
legal and equitable remedies . The regulations may provide, in lieu
of the completion of the work and installations pxeviou� to the
final approval of a plat, for an assessment or other method whereb�
the Council is put in an assured pos�tion 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 operi spaces necessary for
public uses indicated on the City Plan and for appropriate means
of providing for the compensation, including reasonable charges
again�t the subdivision, if any, and over a period of time and in a
manner as is in the public �nterest.
. 3. Before adoption of its subdivision regulations or
any a�endment thereof, a duly advertised public hearing thereon
shall be held by the Council.
SECTION 12. Upon complying c�ith the provisions of Section 1Q
of this Ordinance;
_ _ _
. 1. Commi:ssi;on to Approve P1ats,' When. W.ithin
sixty (60) days after the submission of a plat to the Commi,ssion,
the Commi,ssion shall approve or disapprove the plat; otherwise the plat
is deemed approved by the Commission, except that the Commission, ,
with the consent o� the applicant for the ap�roval, may extend the
- � -
sixty-day period. The ground of disapproval of any plat by the
Commission shall be made a matter of record.
_ _ .. _. _... _
. 2. Commi;ssiori Approval of Plats,� Effects . The approval
of a plat by the Commission does not constitute or effect an
acceptance by the City of Cape Girardeau or public of the dedication
to �ublic use of any street or other ground shown upon the plat.
_ _ _ _ _ __ _ _ _
. 3. Approval of Plats' Required For Rec'ording.
No countX recorder shall receive for filing or recordi.ng any
subcli,visa�on plat required to be approved by a City Council or
Commi,ssa.on unless the plat has endorsed upon it the approval of
the Ci.ty Council under the hand of the Clerk and the seal of the City,
or by the Secretary of the Commission.
_ _
. 4. Use of Unapproved Plat i,n Sale of Land, Penalty,
_ _
Va:cata:ori or Irijunct'ion of Transfer. No owner, or agent of the owner,
of any land located wi._thin the platting juri.sdiction of the City of
Cape Girardeau, knowinglyo ur with intent to defraud, n�ay 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 Commi.ssion
and recorded in the offi,ce of the County Recorder. Any person
violating the provisions of this section shall forfeit and pay to the
City of Cape Girardeau 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 instrumerit of
transfer or other document used in the process of selling or
transferri.ng shall not exempt the transaction from this penalty.
The City ma.y enjoin or vacate the transfer or sale or agreement
by legal action, and may recover the penalty in such action.
_ _ _ _ _ _ _ _ _
. 5. Public Improvements, How Approved After Adoption
of Major 5treet Plan. Upon adoption of a Major 5treet Plan and
Subdivision Regulations, the City of Cape Girardeau shall not accept,
lay out, open, improve, grade, pave or light any street, lay or
authorize the laying of water mains, sewers, connections or other
utilities i,n any street within the City unless the street has received
- 8 -
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 Council or
Commission or on a Street Plan made by and adopted by the Commission.
The Council 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 Commission for its
approval and approval by the Commission or, if disapproved by the
Commission, is passed by the affirmative vote of not less than
t�o-thirds (2/3) of the entire membership o� the Council.
_ _ _ _ _. _
SECTTON 13. No Building Permitted ori Streets Not Coriforming
to Major Street Plan.
After the adoption of a Major 5treet Plan, no building
permit shall be issued for and no building shall be erected on any
lot within the territorial jurisdiction of the Comm.ission unless
the street g�.ving access to the 1ot upon which the building is pro�osed
to be placed conforms to the requirements of 5ecti.on 12 . 5 of this
Ordi.nance.
SECTION 14. Establishment of Building Lines, Board of
Adj ust`ment.
Whenever a plan for major streets has been adopted,
the Council, upon recommendation af the Commission, i.s authorized
and empowered to establish, regulate and limit and amerid, by
Ordinance, buildi.nq or setback lines on major streets , and to
prohibit any nee,r buildi,ng being located within building or setback
lines. ��1h.en a plan for proposed major streets or other public
i,mprovements has been adopted, the Council is authorized to prohibi,t
any new building bea.ng located within the proposed site or right-of--way
when the center li,ne of the proposed street or the limits of the
proposed sites have been carefully determined and are accurately
deli,neated on maps approved by the Commission and adopted by the
Council. The regulati.ons of this section shall not be adopted,
changed or amended until a Public Hearing has been held thereon
as provided in Section 6 of this Ordinance.
- 9 -
_
SECTZON 15. Violation, Penalty.
Any person vi,olating the provisions of this Ordinance
is guilty of a misdemeanor and upon conviction thereof shall be
f�.ned not less than one hundred dollars ($100 . 00� nor more than
five hundred dollars ($500 . 00) , or by confinement in the City
jai.l for not more than one (1) year, or by both such fine and
confinement.
SECTION 16 . Separability.
If any section, subsection, sentence, clause, ,phrase
or porti:on o� this Ordinance is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaa.ni.ng portions hereof. All provisions of the Code of Ordinances
in direct conflict with the provisions of this Ordinance are
hereby repealed.
SECTION 17. Reriumberi.ng.
It is: the intention of the governi.ng body and it is hereby
ordained that the provisions of this Ordinance shall become and be
made a part of the Code of Ordi.nances, City of Cape Girardeau,
Missouri., and the sectzons of the Code may be renumbered to accomplish
such i.nterition.
SECTTON 18. This Ordinance shall be in full force and
effect ten (10) days after its passage and approval.
,
L
PASSED AND APPROVED THIS /�� DAY OF -��L-C.1,,:.�
, 1970.
��� � . �
MAYOR
ATTEST:
_ L � ,
���
GITY LE�2,K