Charter: Article XI
Planning and Zoning (cont.)
Section 11.13. Buildings in mapped streets
The council may provide by general ordinance that no permit shall be issued for any buildings or structures or any part thereof on any land located between the mapped lines of a street as shown on the official map. Any such ordinance shall provide that the board of adjustment or, if the council so provides, a special board of appeals created for the purpose by the council, shall have the power, upon an appeal filed with it by the owner of such land, to grant a permit for a building or structure or part thereof in any such mapped street location in any case in which such board finds, upon the evidence and arguments presented to it upon such appeal, (a) that the entire property of the appellant, of which such mapped street location forms a part, cannot yield a reasonable return to the owner unless such permit be granted and (b) that, balancing the interest of the municipality in preserving the integrity of the official map and the interest of the owner of the property in the use and benefits of his property, the grant of such permit is required by considerations of reasonable justice and equity.
Section 11.14. Hearings on building in mapped streets
Before taking any action, the board of adjustment or special board of appeals shall hold a hearing at which the parties in interest shall have an opportunity to be heard. At least ten days' notice of the time and place of such hearing shall be given to the appellant by mail at the address specified by the appellant in his appeal petition. In the event that the board of adjustment grants a building permit in any such appeal, it shall have the power to specify the exact location, extent, ground, area, height, duration and other details and conditions to govern the building, structure or part thereof for which the permit is granted.
Section 11.15. Legal effect of official map
After the establishment of the official map, the council may provide by ordinance that no public water or sewer connection or other public utility or improvement shall be constructed in or any water, drainage, light or other public service rendered to or along any street, until and unless such street shall have been duly placed on the official map in accordance with the authority and procedure set forth in Sections 11.12 and 11.13 of this Charter. The council may also provide by general ordinance that no permit for the erection of any building shall be issued unless a street giving access to such proposed structure is shown on the official map; provided, however, that such ordinance shall contain provision whereby the applicant for such a building permit may appeal to the board of adjustment or to the special board of appeals referred to in Section 11.14 of this Charter, the hearing upon which appeal and notice of which hearing shall be held and given as provided in Section 11.15 and such board may be granted the authority to issue a permit, subject to such conditions as the board may impose, where the circumstances of the case do not require the proposed building to be related to existing mapped or planned streets and where the permit would not tend to dislocate or increase the difficulty of carrying out the official map or master plan. The word "street" or "streets" in this Article shall be deemed to include streets, boulevards, avenues, alleys, lanes and other ways.
Section 11.16. Zoning
The city planning and zoning commission shall exercise the authority vested in a zoning commission by the State Zoning Enabling Acts. It shall prepare and recommend to the council a comprehensive zoning ordinance, or propose amendments or revisions thereof, with such provisions as the commission shall deem necessary or desirable for the promotion of the health, safety, morals, and general welfare of the inhabitants of the city. Such provisions may include regulations as to the location, width, height, and bulk of buildings and other structures; the size of the yards, courts, and other open spaces surrounding buildings and structures; the use of buildings and structures and land. The commission shall hear applications for amendments, modifications or revisions of the zoning ordinance and shall forward such applications to the council with its recommendations thereon. The recommendations of the commission shall not be binding on the council, which may approve or disapprove the commission's findings; however, no general city plan, or zoning ordinance, or any modification, amendment or revisions thereof, shall be considered by the council unless the same shall have been first submitted to the commission for its examination and recommendation.
Section 11.17. Powers of council in replanning and redevelopment of neighborhoods and disaster areas
The council shall have power to adopt, modify and carry out plans proposed by the planning and zoning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction, or redevelopment of any area or district which may have been destroyed in whole or in part by disaster.
[Notwithstanding any other law to the contrary, whenever a valid protest petition is filed in opposition to the rezoning of land, the zoning change shall not become effective except by the favorable vote of three-fourths of all the members of the city council. In order for a protest petition to be valid against the change, it shall be duly signed and acknowledged by the owners of ten percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred and eighty-five feet distant from the boundaries of the land proposed to be changed.] In the event it is determined that this provision is invalid, then the city council shall have the authority to determine the percentage for a protest petition and to require more than a simple majority of the full council to rezone property when a valid protest petition is filed in opposition to the rezoning.
Approved by vote of the people April 4, 1989.
Editor's Note: The bracketed portion in the above paragraph was held in City of Springfield v. Goff, 918 S.W.2d 786 (Mo. banc 1996) to be in conflict with a State statute and, therefore, invalid.
Section 11.18. Procedure for adoption of plans by council
Upon receipt by the council of any plan for neighborhood replanning and redevelopment or disaster planning, the council may adopt such plan, in accordance with the procedure prescribed in Section 2.12 of this Charter, provided, that notice of the time and place, when and where the plan will be considered for final passage shall be given as provided by ordinance to the record owners of the lands and buildings included within such planned district. Any modification of such plan shall before passage be submitted to the planning and zoning commission, but if disapproved, the council may overrule such disapproval by a majority vote of its members.
Approved by vote of the people April 4, 1978.