Appendix

A proposed ordinance to provide for an official Comprehensive City Plan of St. Louis, was submitted to the Board of Aldermen immediately following preparation and publication of the present report. This proposed ordinance was introduced on January 17, 1947, and subsequently passed by the Board of Aldermen and approved by the Mayor on March 28, 1947.

The text of this ordinance as amended and finally approved follows:

ORDINANCE 44022

AN ORDINANCE, to provide for a comprehensive plan of the City of St. Louis; establishing a City Plan Commission to adopt such comprehensive plan; defining the organization, powers and procedure of said City Plan Commission; defining the purposes and legal status of the comprehensive plan; providing for the adoption of an official map of the City of St. Louis, showing among other things the location of existing and planned streets; prohibiting the issuing of permits for any building or structure between the planned and existing lines of established streets or between the planned lines of future streets, as shown on said official map, and providing for an appeal to the Board of Adjustment; repealing sections 153 to 159 inclusive of the Revised Code of St. Louis, 1936 and all other ordinances or parts of ordinances in conflict herewith, and containing an emergency clause.

BE IT ORDAINED BY THE CITY OF ST. LOUIS, AS FOLLOWS:

Section One. Personnel of Commission.-There is hereby created a commission to be known as the City Plan Commission which shall consist of fifteen members, six of whom shall be ex officio members, consisting of the President of the Board of Aldermen, the President of the Board of Public Service, the Director of Streets and Sewers, the Building Commissioner, the Commissioner of Parks and Recreation and a member of the Board of Aldermen to be chosen by that body. The remaining nine members shall be appointed by the Mayor, and shall be residents of the City of St. Louis. All members of the Commission shall serve as such without compensation, and the appointed members shall hold no other municipal office. The terms of the ex officio members shall correspond to their respective official tenures. The term of such appointed member shall be four years or until his successor takes office except that the terms of the nine members first appointed shall be as follows:

Three members for terms of two years, three members for terms of three years, and three members for terms of four years. Members other than the Board of Aldermen, may, after a public hearing, be removed by the Mayor for inefficiency, neglect of duty or malfeasance in office. The Board of Aldermen may, for like cause, remove the member selected by it.

The Mayor or Board of Aldermen, as the case may be, shall file a written statement of reasons for such removal. Vacancies occurring otherwise than through the expiration of a term, shall be filled for the unexpired term by the Mayor in the case of members selected or appointed by him, and by the Board of Aldermen in the case of the member selected by that Board.

Section Two. Organization and Rules.-The commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of the chairman shall be for one year, and he shall be eligible for re-election. The commission shall hold at least one regular meeting in each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

Section Three. Staff and Finances.-The commission may appoint such employees as it may deem necessary for its work. The commission may also contract with city planners, engineers, architects and other consultants for such services as it may require, provided that an appropriation has been made authorizing payment for such services.

Section Four. General Powers and Duties.-It shall be the function and duty of the commission to make and adopt a comprehensive plan for the physical development of the city. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of said area, including, among other things, the general location, character and extent of streets, viaducts, subways, bridges, water-ways, water fronts, boulevards, highways, parkways, playgrounds, squares, parks, air fields and other public ways, grounds and open spaces, the general location of public buildings and other public property, and the general location and extent of public utilities and terminals, whether publicly or privately owned, or operated, for water, light, sanitation, transportation, communication, power and other purposes; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises and of population density; the general location, character, layout, and extent of community centers and neighborhood units; and the general character, extent and layout of the replanning of blighted districts and slum areas. As the work of making the whole comprehensive plan progresses, the commission may, from time to time, adopt and publish a part, or parts, thereof, any such part to cover one or more major geographical sections or divisions of the city, or one or more of the aforesaid, or other functional matters to be included in the plan. The commission may, from time to time, amend, extend or add to the plan.

Section Five. Purposes of Plan.-In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and the future growth of the city, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design, arrangements, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.

Section Six. Procedure. -The commission may adopt the plan as a whole by a single resolution, or may, by successive resolutions, adopt successive parts of the plan, said parts corresponding with major geographical sections or divisions of the city, or with functional subdivisions of the subject-matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension or addition, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given not less than 20 days previous to the time fixed therefor, by one publication in a daily newspaper of general circulation in the city and in the City Journal. The adoption of the plan or of any such part or amendment or extension or addition, shall be by resolution of the commission carried by the affirmative votes of not less than ten members of the commission at a regular or special meeting thereof. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission. An attested copy of the plan or part thereof shall be certified to the Board of Aldermen, and to the City Register.

Section Seven. Legal Status of Plan.-Whenever the commission shall have adopted a comprehensive plan of the city, or of one or more major sections or districts thereof, no street, square, parks or other public way, ground or open space, or public building or structure, or public utility, whether publicly or privately owned, shall be constructed or authorized in the City or in any such planned section or district until the location, character and extent thereof shall have been submitted to and approved by the commission; provided, that a disapproval shall require the vote of at least ten members of the commission at a regular or special meeting thereof and that in case of such disapproval the commission shall communicate its reasons therefor to the board or body having final jurisdiction in the matter, which board or body shall have the power to overrule such disapproval by a recorded vote of a majority of its entire membership; provided, further, however, that the provisions of this ordinance shall be subordinate and subject to any and all applicable constitutional, statutory and Charter provisions. The failure of the commission to act within sixty days from and after the date of submission to the commission shall be deemed approval.

Section Eight. Miscellaneous Duties of Commission.-The commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duty to consult with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and with citizens with relation to the protecting and carrying out of the plans. The commission shall have the right to accept and use gifts for the exercise of its functions. Ali public officials shall, upon request, furnish to the commission within a reasonable time such available information as it shall require for its work. The commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and markers thereon. In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote city planning, and carry out the purposes of this act.

Section Nine. Platting of Street Lines by Commission-From and after the time when the City Plan Commission shall have adopted a major street plan, said commission shall have the power to make and certify to the Board of Aldermen a plat or plats of an area or areas on which are indicated the locations of lines recommended by the commission as the planned or mapped lines of future streets, street extensions, street widenings, or street narrowings. The making or certifying of a plat by the commission shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes. The term "streets" as used in this ordinance includes streets, avenues, boulevards, roads, highways, parkways, lanes, alleys, viaducts, and other ways.

Section Ten. Establishment of Official Map.-From and after the time when the City Plan Commission shall have adopted a major street plan, and shall have certified a copy of such major street plan to the Board of Aldermen, said Board of Aldermen may establish an official map of the city showing the location of the streets of the whole or of any part or parts of the city theretofore existing and established by law as public streets. Said Board shall certify the fact of the establishment of the official map to the Recorder of the City of St. Louis and shall cause a copy of same to be filed therewith, and a copy shall also be filed with the City Register.

Section Eleven. Additions and Changes.-In the event that the official map established tuider Section Ten of this ordinance does not include the whole city, but only a certain part or parts thereof, then the Board of Aldermen may add to as provided by law. Said Board may make, from time to time, other additions to or modifications of the said map, by placing thereon the planned or mapped lines of future streets, street extensions, widenings, narrowing, or vacations; provided, however, that before taking any such action said Board shall hold at least one public hearing thereon, notice of the time and place of which shall be given not less than 20 days previous to the time fixed therefor, by one publication in a daily newspaper of general circulation in the city and in the City Journal; and, provided, further, that such proposed addition to or modification of the official map shall be submitted to the City Plan Commission for its approval, as provided in Section Seven of this ordinance, and, in the event of such commission's disapproval, such additions or modification shall require the favorable vote of a majority of the entire membership of the Board of Aldermen. Any planned or mapped street line location certified by the City Plan Commission to the Board of Aldermen, authorized by Section Nine of this ordinance, shall be deemed approved by the commission without further submission thereof to said commission, and the placing of any planned street or planned street line upon the official map shall not, in and of itself, constitute or be deemed to constitute the opening of any street, or the taking or acceptance of any land for street purposes.

Section Twelve. Regulation of Buildings in Bed of Mapped Streets. -For the purpose of preserving the integrity of Should any section, the official map, no permit shall be issued for any building or structure or a part thereof on any land located between the planned or mapped line and the existing lines of any established street, as shown on the official map, or between the planned or mapped lines of future streets, as shown on said map. The Board of Adjustment of the City of St. Louis is hereby empowered, upon an appeal filed with it by the owner of any such land, to authorize the grant of a permit for a building or structure or part thereof within any such planned or mapped street location in any case in which such Board finds, upon the evidence presented to it upon such an appeal (a) that the property described will not yield a reasonable return to the owner unless such permit be granted or (b) that balancing the interest of the city in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, the grant of such permit is required by considerations of justice and equity. Before taking any such action, the Board of Adjustment shall hold a hearing thereon, of at least ten days' notice of the time and place of which shall be given to the appellant by mail at the address specified by the appellant in his petition. In the event that the Board of Adjustment decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character, and also the duration, of the building, structure, or part thereof to be permitted.

Section Thirteen. Buildings not on Existing or Mapped Streets.-No permit for the erection of any buildings shall be issued unless an existing street or mapped street as shown on the official map gives access to such proposed building; provided, however, that an applicant for such permit may appeal to the Board of Adjustment, a hearing upon which appeal and notice of which shall be held and given as provided in Section Twelve of this ordinance. The Board of Adjustment is empowered to authorize a permit, subject to such conditions as the Board may impose, where it appears from the evidence that the circumstances of the case do not require the proposed building to be related to existing streets or to mapped streets as shown on the official map and where the permit would not tend to distort or increase the difficulty of carrying out the official map or comprehensive plan of the City of St. Louis.

Section Fourteen. Saving Clause.-Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby.

Section Fifteen. Repeal.-Sections 153 to 159 inclusive of the Revised Code of St. Louis, 1936, are hereby repealed, and all other ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, also hereby repealed.

Section Sixteen.-The passage of this ordinance being deemed necessary for the immediate preservation of the public health and safety, it is hereby declared to be an emergency measure within the meaning of Article IV, Section 20, of the Charter and it shall become effective immediately upon its passage and approval by the Mayor.

Approved: March 28, 1947.

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