Areas within a municipality that has not enacted a city plan should be included in the county master plan.

COUN~Y PLANNI NG COMMISSION: COUNTIES OF THIRD AND FOURTH CLASS: Areas within a municipality that has not enacted a city plan should be included in the county master plan . January 26, 1962 Honorable Robert P. C. Wilson, III Prosecuting Attorney Platte County Platt e City, Misaouri Dear Mr. Wilson: F I L F D ~;; In your letter of October 12, 1961, you request an opinion from this office t-egarc:Uns t he f'ollowing questions: "I would like to have the opinion or your office concerning two problems which occaaionally arise with the Platte County Planning Commission. The Platte County Planninc Commission was set up by the County Court of' Platte, County, M1asour1 under the prov1.sions or House Bill 465, Laws or M1.aaour1, 1~51. "Some of our 1.ncorporated areas are mun1.c1pal1tiea legally incorporated aa such and regularly functioning as such at thia time. It these areas have no zoning and planning ordinances ot their own, does the Platte County Planning Commission have authority to set up and enforce zoning and planning regulations within these areaa? "Some or our incorporated area a are municipalities legally incorporated as such, but which have ceased to function as such, although they have not been dissolved in accordance with the applicable statutory pro- ceedings. Does the Platte County Planning Commission have authorit~ t o set up and enforce zoning and planning regulations within these areas?" -2- Honorable Robert P. c. W1laon1 III Platte County, M1aaour1 1 1a a th1r4 class county with 23,350 inhabitants and provisions or Section 64.510 through 64.690~ RSJio 1959 as amended, govern the county planning and zoning 1n &aid county. Section 64.510, RSMo Cum. Supp. 1961, provides& "The county court or &IV county or the aec~md or of any county ot the third class having more than twenty- three thousand inhabitants may, after approval by yot~ or the people of the county, provide for the prepa- ration, adoption, amendment, extension and carrying out or a county plan tor all areas of the c6unty outside the-- corporate !Emits or ai5 cit~, town or vill!ge which his a ~te a cit~ ~t•n.ln accordance wfth he !awe o e state. Upon the adoption of the county plan there 1s created in the county a county planning commission aa hereinafter provided." (Emphaa1a supplied) Attention 1a called to the fact that thia section expreasly etates that after approval by the vote of the people 1n the county the county court may provide for the preparation and carrying out of a county plan for all areas or a county outside the corporate limits or any city, town or village which has adopted a city plan. Section 64.570, RSMo 1959, which provides for the county planning commission to pass upon all improvements of the type embraced wit~ the master plan, provides& "Prom and after the adoption of the official maeter plan or portion thereof and ita proper certification and recording, thereafter no improve• ment of a t~e embraced within the recommendations or auch official master plan or part thereof shall be constructed or authoriSed without firat submitting the proposed plans thereof to the county planning com- mission and receiving the writt en -3- Honorable Robert P. C. Wilson, III approval or recommendations of ea1d c0l'llnliaa1on. This requirement shall be deemed to be waived if the county plannUlg commission fails to make ita report and recommendations with- in forty-five days after receipt of the proposed plans. In the case of any public improvement sponsored or proposed to be made by any munici- pality or other political or civil subdivision of the state, or public board, commission or other public officials, the disapproval or recom- mendations of the county planning commission may be overruled by a two- thirds vote, properly entered of record and certified to the county planning COIIIIDiaaion, of the governing body of such municipality. or other political or civil subdivision, or public board, commission or officials, after the reasons for such overruling are spread upon ita minutes, which reasons shall also be certified to the county planning commission." It is evident from this statutory provision prov1dill6 for a municipality to overrule the county plan that it was intended for the county-wide master plan to include munici- palities that do not have a city plan, otherwise this provision would be meaningless. Sections 64.510 to 64.690 deal with county-wide planning and zoning 1n second and third class counties, and all aectiona should be read and conaidered together in construing them in order that the)' may be harmonized if poaaible. When all the sections are conaidered as a whole so that the over- all scheme is visualized, we believe it clearly appears that municipalitiea that have not enacted city zoning plans are to be included within the county master plan. As stated in Section 64.570, the county plan may be reJected by the governing body of the municipality inaofar as it m&)' apply to such city. Regarding the second queation you submit, dealing with incorporatecl cities that are not now t'unctioning aa a municipality, certainly such cities would not have a city zoning plan and a county zoning commiaaion should include the territory within such cities in the county master plan. -4- Honorable Robert P. C. Wilson, III CONCLUSION It is the opinion of this office that the incorporated areas within a municipality that has not enacted a city plan should be included in the county master plan adopted by second and third class counties under provisions or Section 64.510 through Section 64.690, RSMo 1959 as amended. This would include areas within municipalities that are not functioning as municipalities. The foregoing opinion, which I hereby approve, was prepared by my assistant, Moody Mansur. MM : BJ Yours very truly, THOMAS l'. IAOLlM'ON Attorney General