89.400. Commission to make recommendations to council on plats, when--conflict with zoning provisions of another political subdivision, which to prevail.
Commission to make recommendations to council on plats, when--conflictwith zoning provisions of another political subdivision, which toprevail.
89.400. 1. When the planning commission of any municipality adopts acity plan which includes at least a major street plan or progresses in itscity planning to the making and adoption of a major street plan, and filesa certified copy of the major street plan in the office of the countyrecorder of the county in which the municipality is located, no plat of asubdivision of land lying within the municipality shall be filed orrecorded until it has been submitted to and a report and recommendationthereon made by the commission to the city council and the council hasapproved the plat as provided by law.
2. (1) As used in this subsection, "transect-based zoning" means azoning classification system that prescriptively arranges uses, elements,and environments according to a geographic cross-section that range acrossa continuum from rural to urban, with the range of environments providingthe basis for organizing the components of the constructed world, includingbuildings, lots, land use, street, and all other physical elements of thehuman habitat, with the objective of creating sustainable communities andemphasizing bicycle lanes, street connectivity, and sidewalks, andpermitting high-density and mixed use development in urban areas.
(2) In the event that any city, town, or village adopts a zoning orsubdivision ordinance based on transect-based zoning, and suchtransect-based zoning provisions conflict with the zoning provisionsadopted by code or ordinance of another political subdivision withjurisdiction in such city, town, or village, the transect-based zoningprovisions governing street configuration requirements, including numberand locations of parking spaces, street, drive lane, and cul-de-sac lengthsand widths, turning radii, and improvements within the right-of-way, shallprevail over any other conflicting or more restrictive zoning provisionsadopted by code or ordinance of the other political subdivision.
(L. 1963 p. 146 § 11, A.L. 2007 H.B. 205 merged with H.B. 795 merged with S.B. 22 merged with S.B. 81)