Municipal Ordinances

Chapter 42 - Planning & Zoning: Article I - Planning & Zoning Commission

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Chapter Contents:

Article I - Planning & Zoning Commission

Sec. 42-1. Established; appointment; duties.

There is hereby established a planning and zoning commission for the city as provided by Section 89.010 to 89.140, Revised Statutes of Missouri.

The commission shall consist of members appointed by the mayor with the advice and consent of the city council and such other members as may be provided by city ordinance.

The city council may request and shall receive from the commission recommendations on specific problems or questions concerning planning and zoning within a reasonable period of time. (Ord. 2122-A, § 1, 12-11-78)

Sec. 42-2. Recommendation as to district boundaries.

It shall be the duty of the commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. It shall be the duty of the commission to study and investigate all proposed changes or amendments to the basic zoning ordinance of the city council as provided herein.

The commission shall make a preliminary report and hold a public hearing when necessary before submitting its final report and the city council shall not hold its public hearing or take action until it has received the final report of the commission. (Ord. 2122-A, § 1. 12-11-78)

Sec. 42-3. Composition; qualifications and appointment of members.

The commission shall consist of nine members. Eight of such members shall be citizens and residents of the city and shall be appointed by the mayor with the advice and consent of the city council. One councilman shall be appointed annually to the commission. The Mayor shall serve as an ex-officio member of the commission with no voting authority. All members of the commission shall serve without compensation. The term of each of the citizen members shall be for four years. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid.

The council may remove any member for cause stated in writing and after a public hearing. Such removal shall require approval by a majority of all members elected to the city council. (Ord. 2122-A, § 1; Ord. 2224, § 1; Ord. 3374, §1)

Sec. 42-4. Commission officers; rules, records.

The commission shall elect a chairman, vice-chairman, and secretary- treasurer from among the appointed members of the commission. The terms of each officer shall be one year with eligibility for re-election.

The chairman shall have no vote, unless there is a tie vote on any matter considered by the commission.

The mayor and city engineer shall not be voting members, and shall not be counted in the number of members to constitute a quorum. A quorum shall require five members of the commission. All motions or questions being voted upon by the commission shall require an affirmative vote by a majority of the voting members present. Members may abstain from voting by casting their vote as "present" and that said vote shall not be tallied as a negative or an affirmative vote.

The commission shall hold regular meetings and special meetings as it may provide by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be open to the public for inspection.

The commission shall appoint the employees and staff necessary for its work, and may contract with city planners and other professional persons for the services it requires.

The expenditures of the commission, exclusive of grants and gifts, shall be within the amounts appropriated for such purpose by the council.

The commission may appoint committees or subcommittees for study and recommendations to be presented to the commission.

The commission shall adopt a budget for each fiscal year as approved by the council. (Ord. 2122-A, § 1, 12-11-78)

Sec. 42-5. Comprehensive plan.

The commission shall assist the council in making and adopting a comprehensive plan for the physical development of the city.

The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory materials, shall show the commission's recommendations for the physical development of the city 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; the general character, extent and layout of the replanning of blighted districts and slum areas. The commission may also prepare such comprehensive plan to show regulation of height, area, bulk, location and use of private, non-profit and public structures and premises, and of population density, but the adoption, enforcement, and administration of the zoning plans contained in the comprehensive plan shall conform to the provisions of Sections 89.010 to 89.140 of the Revised Statutes of Missouri and the ordinances of the city. (Ord. 2122-A, § 1, 12-11-78)

Sec. 42-6. Preparation of comprehensive plan.

In the preparation of the comprehensive plan for the city, the commission shall make careful and comprehensive studies and surveys of the existing conditions and probable future growth of the city. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the city which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy of the city in the process of development. The commission shall be responsible for the periodic review of the comprehensive plan. (Ord. 2122-A, § 1, 12-11-78)

Sec. 42-7. Commission procedure prior to adoption of the plan.

Prior to the adoption of the comprehensive plan by the city council, the commission shall hold at least one public hearing thereon. The commission shall hold such public hearing prior to any amendment or extension of such plan as adopted by the council. Notice of such public hearing shall be published in a newspaper of general circulation in the city at least fifteen (15) days in advance. Such notice shall indicate the time, place, and date of such hearing. The hearing may be adjourned from time to time. The adoption of the plan by the commission requires a majority vote of the full membership of the commission. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the commission 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 and chairman of the commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the council and municipal clerk. A copy of the plan shall be made available in the office of the County Recorder of Deeds and the Municipal Clerk. (Ord. 2122-A, §1; Ord. 3732, §1)

Sec. 42-8. Recommendations; powers.

In general, the commission shall have the power necessary to enable it to perform its functions and promote municipal planning.

The commission may make reports and recommendations relating to the comprehensive plan of the city and the development of the city to public officials and agencies, public utility companies, civic, educational, and other organizations and citizens.

It may recommend to the executive or legislative officials of the city such programs for public improvements and the financing thereof as it deems appropriate.

All public officials shall, upon request, furnish to the commission, within a reasonable time, all available information it requires for its work.

The commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys with permission of owner/occupant.

The commission shall have and perform all of the functions of the zoning commissions as provided for in Sections 89.010 to 89.140 of the Revised Statutes of Missouri. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-9. Approval of improvements.

The city of Rolla Council has adopted a comprehensive plan of the City of Rolla, therefor, no street or other public facilities, and no public utility, whether publicly or privately owned, and the location, extent, and character thereof having been included in the comprehensive plan, 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 commission shall communicate the reasons for such disapproval to council.  The council may overrule the action of the commission by a vote of not less than two-thirds of the elected members of the council.  Upon the overruling, the council 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 council, then the submission to the commission shall be by the board having jurisdiction, and the planning and zoning commission's disapproval may be overruled by that board by a vote of not less than a two-thirds vote 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 commission to act within sixty days after the date of official submission to it shall be deemed approval.  (Ord. 4157 §1)

Sec. 42-10. Annexation.

All annexation proposals shall first be submitted to the commission for its study and report to the council. Such report shall consist of recommendations concerning the needs of the municipality for such annexation and the ability of the city to provide normal municipal services to such area within a reasonable time. The commission shall make such report to the council within a reasonable time after receiving such proposal. Nothing herein shall prevent the council from acting upon such proposals either with or without the recommendations of the commission. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-11. Regulations governing subdivision of land, contents - Public hearing.

The planning and zoning commission shall recommend and the council 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.

The regulations may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto 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. 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 commission to the city council and the council has approved the plat as provided by law. The regulations or practices 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 entered on the plat. The regulations may provide that, in lieu of the completions of the work and installations previous to the final approval of a plat, the council may accept a bond in the 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 council and expressed in the bond; and the council may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installation previous to the final approval of a plat, for an assessment or other method whereby the council 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.

Before adoption of its subdivision regulations or any amendment thereof, a duly advertised public hearing shall be held by the commission and the council. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-12. Commission to approve plats, when - Effects.

Within sixty (60) days after the submission of a plat to the commission, the commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the commission, except that the commission, with the consent of the applicant for the approval, may extend the sixty (60) day period. The ground of disapproval of any plat by the commission shall be made a matter of record.

The approval of a plat by the commission does not constitute or effect an acceptance by the municipality or public of the dedication to public use of any street or other ground shown upon the plat. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-13. Approval of plats required for recording.

No county recorder shall receive for filing or recording any subdivision plat required to be approved by a city council or planning and zoning commission unless the plat has endorsed upon it the approval of the city council under the hand of the clerk and the seal of the city, or by the secretary of the commission. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-14. Use of unapproved plat in sale of land - Penalty - Vacation or injunction of transfer.

No owners, 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 the commission and recorded in the office of the appropriate county recorder. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars 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 documents used in the process of selling or transferring shall not exempt the transaction from this penalty. A municipality may enjoin or vacate the transfer or sale or agreement by legal action and may recover the penalty in such action. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-15. Public improvements, how approved after adoption of Major Thoroughfare Plan.

Upon the adoption of a major thoroughfare plan, the City 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 in any street right-of-way within the City unless the street has received the legal status of a public street prior to the adoption of the Comprehensive Plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the City Council or the Planning and Zoning Commission or if the street is shown on a street plan made and adopted by the Commission. The Council may locate and construct or may accept any street if the ordinance or other measure for determining street location, construction, or for the acceptance of a street is first submitted to the Commission for its approval. If disapproved by the Commission, the City Council may override the Commission with a two-thirds majority vote of the entire membership of the Council. (Ord. 2122-A, §1; Ord. 3128, §1; Ord. 3732, §3)

Sec. 42-16. No building permitted on streets not conforming to major street plan.

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 commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 42-15. (Ord. 2122-A, §1, 12-11-78)

Sec. 42-17. Limitations on Rezoning Requests.

(Ord. 2841, §1; Ord. 3171, §1) (Repealed by Ord. 3890, §1)

Sec. 42-18. Development Review Committee.

  1. Establishment: There is hereby established a Development Review Committee.

  2. Intent: It is the intent of this section to establish a method and procedure to facilitate and coordinate decision-making concerning land development and the enforcement of Chapter 42, Planning and Zoning Code.

  3. Membership: The Development Review Committee shall consist of the following individuals or their authorized representative:

    1. The Community Development Director;
    2. The Codes Administrator;
    3. The Director of Public Works;
    4. The City Engineer;
    5. General Manager – Rolla Municipal Utilities;
    6. The Parks Department Director.

      Additional ex-officio representatives may be added, including other City officials, public/private utilities, City departments, agencies, boards and commissions.
  4. Function: the Development Review Committee may:

    1. Act in an advisory capacity to the Mayor, City Council, City Administrator, and the city's boards and commissions on matters relating to the Planning and Zoning Code and related development issues.
    2. Review subdivision plats and rezoning applications prior to their review by the Planning and Zoning Commission, providing guidance and recommending conditions necessary to achieve the intent of these regulations.
    3. Conduct factual investigations, as deemed appropriate by the Mayor and/or City Council, or the City Administrator, regarding matters relating to land development practice and the application of the Planning and Zoning Code.
    4. Conduct informal hearings or meetings for the purpose of obtaining factual information and expert opinion regarding the interpretation of the Planning and Zoning Code prior to any appeals to the Board of Adjustment or the Planning and Zoning Commission.
  5. Committee Not to Supplant Authority of Administrative Official: Nothing in this section shall be construed to supplant, modify, or limit authority expressly granted to administrative officials. Neither shall the Committee serve in any appeals capacity. (Ord. 3732, §2)

Sec. 42-19. Adopting the Rolla 2020 Comprehensive Plan Update, 2005.

  1. That the Rolla 2020 Comprehensive Plan Update, 2005, is hereby adopted in its entirety, as required by Section 42-7 of the Rolla City Code, and attached hereto as EXHIBIT A and incorporated herein by reference thereto.

  2. That by enacting the Rolla 2020 Comprehensive Plan Update, 2005 for the physical development of the City, the 1996 Comprehensive Plan is hereby amended. A copy of said Rolla 2020 Comprehensive Plan Update, 2005 is on file in the office of the City Clerk, City Hall, Rolla, Missouri. (Ord. 3717, §§1-2)

Sec. 42-20. Adopting an amended Major Thoroughfare Plan in the Rolla 2020 Comprehensive Plan Update 2005.

  1. That the amended Major Thoroughfare Plan is hereby adopted and shall be included as part of the Rolla 2020 Comprehensive Plan Update, 2005 as required by Section 42-7 of the Rolla City Code, and attached hereto as EXHIBIT A and incorporated herein by reference thereto.

  2. That by adopting the amendments to the Major Thoroughfare Plan as a part of the Rolla 2020 Comprehensive Plan Update, 2005 for the physical development of the City, a copy of said Rolla 2020 Comprehensive Plan Update, 2005 shall be filed in the office of the City Clerk, City Hall, Rolla, Missouri. (Ord. 3845, §§1-2

Sec 42-21. Adopting the Rolla West Master Plan as an amendment to the Rolla 2020 Comprehensive Plan Update, 2006.

  1. That the Rolla West Master Plan is hereby adopted as an amendment to the Rolla 2020 Comprehensive Plan Update, 2006 in its entirety, as required by Section 42-7 of the Rolla City Code, and attached hereto as Exhibit A and incorporated herein by reference thereto.

  2. That by enacting this ordinance the Rolla 2020 Comprehensive Plan Update, 2006 for the physical development of the City is hereby amended. A copy of said Rolla West Master Plan adopted as an amendment to the Rolla 2020 Comprehensive Plan Update, 2006 is on file in the office of the City Clerk, City Hall, Rolla, Missouri. (Ord. 3894, §§1-2)

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