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MISSOURI STATUTES AND CODES

100.400. Preparation and approval of plans, regulations governing.

Preparation and approval of plans, regulations governing.

100.400. 1. Preparation and approval of plans shall becarried out within the following regulations:

(1) An authority shall not acquire real property for aproject unless the governing body of the city has approved theplan, as prescribed in subdivision (9) of this section.

(2) An authority shall not prepare a plan for a project areaunless the governing body of the city has declared, by resolutionor ordinance, the area to be blighted, insanitary or undevelopedindustrial area in need of industrial development.

(3) An authority shall not recommend a plan to the governingbody of the city until a general plan for the development of thecity has been prepared.

(4) The authority itself may prepare or cause to be prepareda plan or any person or agency, public or private, may submitsuch a plan to an authority. A plan shall be sufficientlycomplete to indicate its relationship to definite localobjectives as to appropriate land uses, improved traffic, fosteremployment, public transportation, public utilities, recreationaland community facilities and other public improvements and theproposed land uses and building requirements in the project area,and shall include without being limited to:

(a) The boundaries of the project area, with a map showingthe existing uses and condition of the real property therein;

(b) A land use plan showing proposed uses of the area;

(c) Information showing the standards of populationdensities, unemployment within area and adjacent areas, landcoverage and building intensities in the area after completion ofthe plan;

(d) A statement of the proposed changes, if any, in zoningordinances or maps, street layouts, street levels or grades,building codes and ordinances;

(e) A statement as to the kind and number of additionalpublic facilities or utilities which will be required in the areaafter completion of the plan;

(f) A schedule indicating the estimated length of timeneeded for completion of each phase of the plan.

(5) Prior to recommending a plan to the governing body forapproval, an authority shall submit the plan to the planningagency, if any, of the community in which the project area islocated for review and recommendations as to its conformity withthe general plan for the development of the city as a whole. Theplanning agency shall submit its written recommendations withrespect to the proposed plan to the authority within thirty daysafter receipt of the plan for review. Upon receipt of therecommendations of the planning agency, or, if no recommendationsare received within the thirty days, then without therecommendations, an authority may recommend the plan to thegoverning body of the city for approval.

(6) Prior to recommending a plan to the governing body forapproval, an authority shall consider whether the proposed landuses and building requirements in the project area are designedwith the general purpose of accomplishing, in conformance withthe general plan, a coordinated, adjusted and harmoniousdevelopment of the city and its environs which, in accordancewith present and future needs, will promote health, safety,morals, order, convenience, prosperity and the general welfare,as well as efficiency and economy in the process of development;including, among other things, adequate provision for traffic,vehicular parking, the promotion of safety from fire, panic andother dangers, adequate provision for light and air, thepromotion of the healthful and convenient distribution ofpopulation, employment opportunities, the provision of adequatetransportation, water, sewerage and other public utilities,schools, parks, recreational and community facilities and otherpublic requirements, the promotion of sound design andarrangement, the wise and efficient expenditure of public funds,the prevention of the recurrence of insanitary areas, conditionsof blight or deterioration or undeveloped industrial orcommercial use.

(7) The recommendation of a plan by an authority to thegoverning body shall be accompanied by the recommendations, ifany, of the planning commission concerning the plan; a statementof the proposed method and estimated cost of the acquisition andpreparation for the project area and the estimated proceeds orrevenues from its disposal to industrial developers; a statementof the proposed method of financing the project; a statement of afeasible method proposed for the relocation of families to bedisplaced from the project area; and a schedule indicating theestimated length of time needed for completion of each phase ofthe plan.

(8) The governing body of the community may hold a publichearing on any plan or substantial modification thereofrecommended by the authority, after public notice thereof bypublication in a newspaper of general circulation in thecommunity once each week for two consecutive weeks, the lastpublication to be at least ten days prior to the date set forhearing. The notice shall describe the time, date, place andpurpose of the hearing and shall also generally identify the areato be covered by the plan. All interested parties shall beafforded at the public hearing a reasonable opportunity toexpress their views respecting the proposed plan.

(9) Following the hearing, the governing body may approve aplan if it finds that the plan is feasible and in conformity withthe general plan for the development of the community as a whole.A plan which has not been approved by the governing body whenrecommended by the authority may be recommended again to it withany modifications deemed advisable.

(10) A plan may be modified at any time by the authority, orby the governing body; provided that, if modified after the leaseor sale of real property in the project area, the modificationmust be consented to by the industrial developer of the realproperty or his successor, or their successors in interestaffected by the proposed modification. Where the proposedmodification will substantially change the plan as previouslyapproved by the governing body, the modification must similarlybe approved by the governing body.

2. As an alternative to the procedures prescribed insubdivisions (2) and (5) of subsection 1, an authority may findan area to be a blighted or insanitary or undeveloped industrialarea and in need of industrial or commercial development and maysimultaneously prepare a plan and recommend to the governing bodyof the community the approval of such finding of* a blighted orinsanitary or undeveloped industrial area and the approval of aplan, whether prepared by the authority or submitted to theauthority, and the governing body may make its finding andapprove the plan simultaneously. Simultaneously with suchrecommendation of a finding of a blighted or insanitary orundeveloped industrial area and recommendation of a plan to thegoverning body for approval, an authority shall submit thefinding of a blighted or insanitary or undeveloped area and theplan to the planning agency, if any, of the community in whichthe project area is located for review and recommendation as tothe conformity of the plan to the general plan for thedevelopment of the community as a whole. The planning agencyshall submit its written recommendations with respect to thefinding of a blighted or insanitary or undeveloped industrialarea and the plan to the authority and the local governing bodywithin thirty days after receipt of the findings and the plan forreview. Upon receipt of the recommendations of the planningagency, or, if no recommendations are received within the thirtydays, then without the recommendations, the governing body mayapprove the finding of a blighted or insanitary or undevelopedindustrial area and may approve the plan in the manner prescribedin subdivisions (8) and (9) of subsection 1.

(L. 1967 p. 172 ยง 11, A.L. 1980 H.B. 1477, A.L. 1982 H.B. 1411 & 1587)

*Word "or" appears in original rolls.

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