[R.O. 1997 § 400.010; Ord. No. 27 § 1, 9-1-1995]
The purpose of this Article is hereby
to create a Planning and Zoning Commission; establish the number of
members, qualifications, method of appointment, and the terms of office
of the Planning and Zoning Commission; and describe the powers and
duties of the Planning and Zoning Commission.
[R.O. 1997 § 400.020; Ord. No. 27 § 2, 9-1-1995]
A Planning and Zoning Commission
for the City of Wildwood is hereby established.
[R.O. 1997 § 400.030; Ord. No. 27 § 3, 9-1-1995; Ord. No. 533 § 1, 5-24-1999; Ord. No. 551 § 1, 8-23-1999; Ord. No. 849 § 1, 6-10-2002]
The Commission shall consist of eight
(8) citizen members appointed by the Mayor and approved by the Council.
The Commission may also include the Mayor, if the Mayor chooses to
be a member, and a Council Member selected by the Council, if the
Council chooses to have a member serve on the Commission. One (1)
citizen member shall be appointed from each of the eight (8) Council
wards. Each citizen member shall be a registered voter and a resident
of the City ward he or she represents. Each citizen member shall have
been a resident of the ward that he or she represents for at least
one (1) year prior to appointment. A change in Council ward boundaries
shall not disqualify any member from completing the appointed term.
[R.O. 1997 § 400.040; Ord. No. 27 § 4, 9-1-1995]
The citizen members of the Commission
shall be appointed by the Mayor with the consent and approval of the
majority of the members of the City Council upon enactment of this
Chapter (September 1, 1995). Any vacancy occurring in a citizen membership
shall be filled by this procedure.
[R.O. 1997 § 400.050; Ord. No. 27 § 5, 9-1-1995; Ord. No. 227 § 1, 4-22-1996]
A.
The initial citizen membership of the first
Commission appointed shall serve respectively two (2) members until
the first municipal election in April, two (2) members for an additional
one (1) year, two (2) members for an additional two (2) years, and
two (2) members for an additional three (3) years. Their terms shall
be specified by the Mayor at the time of their appointment. Thereafter,
all members shall be appointed for a term of four (4) years. Appointments
for any unexpired term shall be for the unexpired terms being filled.
The terms of office for the members of the Planning and Zoning Commission
shall terminate on the 30th day of June after the April municipal
election of the respective year in which the appointed term is specified
to expire. Each such officer shall, unless removed earlier, hold office
until expiration of the term whereupon the office shall be deemed
vacant until such appointment for a new term shall occur. The Mayor
shall endeavor to provide to the Council for its approval the proposed
appointments on or before the first day of June.
B.
Any citizen member of the Commission may
be removed by a majority of the City Council at any time, for cause
stated in writing after a public hearing. Such public hearing shall
be no less than ten (10) days after notice of such hearing shall be
sent to the member subject to removal. A written decision shall be
rendered by the City Council seven (7) days following the conclusion
of such hearing.
[R.O. 1997 § 400.060; Ord. No. 27 § 6, 9-1-1995]
A.
The Commission shall have the necessary
power and authority and is hereby authorized to:
1.
Adopt and promulgate and amend rules,
regulations and procedures, not inconsistent with the laws and ordinances
of the City of Wildwood, for the operation of said Commission and
carrying out of the provisions of this Chapter.
3.
Prepare or revise a zoning plan for
the City of Wildwood which shall conform to the provisions of Sections
89.010 through 89.144, and Sections 89.300 through 89.490, RSMo.,
as amended, or as shall hereafter be revised or amended, and which
shall include recommendations to the City Council relating to, among
other things:
a.
The height, number of stories, and
size of buildings and other structures within the City of Wildwood.
b.
The percentage of a lot that may
be occupied within the City of Wildwood.
c.
The size of yards, courts and other
open spaces within the City of Wildwood.
d.
The density of population within
the City of Wildwood.
e.
The preservation of features of historical
significance within the City of Wildwood.
f.
Location and use of buildings, structures,
and land for trade, industry, residence or other purposes within the
City of Wildwood.
g.
The division of the City of Wildwood
into districts and the regulation and restriction of the erection,
construction, or reconstruction, alteration or use of buildings, structures
or land thereon.
h.
Recommend to the Mayor and City Council
programs for public improvements and the financing thereof. Enter
upon any land to make examinations and surveys, in the performance
of its functions.
4.
Adopt a comprehensive City plan as
defined in Section 89.340, RSMo.
5.
Take all such actions and hold such
other powers as authorized by ordinance and Sections 89.300 through
89.480, RSMo.
[R.O. 1997 § 400.070; Ord. No. 27 § 7, 9-1-1995; Ord. No. 1616 § 1, 4-13-2009; Ord. No. 1809 § 1, 6-27-2011]
A.
The duties of the Commission shall be as
follows:
1.
Make recommendations to the Mayor
and the City Council related to:
a.
The boundaries of the various zoning
districts and appropriate regulations to be enforced therein; make
preliminary report of same; hold public hearings thereon and submit
to the Mayor and the City Council its final reports of same, and thereafter,
make recommendations to the Mayor and the City Council as to amendments,
modifications or revisions of such final plan.
b.
The locations, length, width, naming
or arrangement of any street, boulevard, highway, alley, waterway,
bridge, viaduct, park, playground or other public places or improvements.
c.
The platting of public property into
lots, plots, streets, boulevards, highways, waterways, alleys, transportation,
or other channels for communication of any kind.
d.
The design, location and grouping
of public buildings.
e.
The design and location of power
and lighting plants.
f.
The design and location of memorials,
works of art.
g.
The design and location of street
lighting standards.
h.
The general location and extent of
communication and power poles and lines, above or below ground and
other public utilities and terminals whether publicly or privately
owned.
i.
The design and location of billboards
or projection signs.
j.
Rules, regulations, procedures and
minimum standards for the subdivision of land within the City of Wildwood
as set forth in the ordinance and amendments thereto.
k.
The care, maintenance, removal, and
planting of public trees to meet the minimum standards set forth by
the Tree City USA requirements to maintain said designation. The Planning
and Zoning Commission shall be empowered to engage, through the auspices
of the Department of Planning, an arborist, forester, or other similar
professional to assist in decisions relating to the removal, care,
maintenance, and/or planting of trees on publicly-owned lands, where
circumstances dictate the need for this level of expertise.
2.
Recommendations to the Mayor and City Council pursuant to Subsection (A)(1) above, shall only be made after first holding at least one (1) public hearing thereon as provided in Section 89.360, RSMo., and upon a vote for adoption of such recommendation by a vote of a majority of the full membership of the Commission.
3.
Hear all applications and hold public
hearings for special use permits, planned development districts, and
any other change of zoning, and forward such applications with its
recommendations to the Mayor and the City Council for approval. The
Commission shall within sixty (60) days from the date on which such
application is referred, render a full report to the Mayor and the
City Council regarding its findings and recommendations. A majority
of the City Council may extend the period of time in which the report
is to be submitted upon written request from the Chairman of the Planning
and Zoning Commission.
4.
The recommendations of the Commission shall not be binding upon the City Council which may approve or disapprove the Commission's recommendations. However, in the event of a disapproval by the Commission of any application made pursuant to Subsection (A)(3) above, the Commission shall communicate its reasons for disapproval to the Council and thereafter the City Council may overrule such disapproval only upon a vote of not less than two-thirds (2/3) of its entire membership. No planning recommendation in a proposed zoning ordinance or any modification, amendment or revision thereof shall be considered by the City Council until and unless the same shall have been first submitted to the Commission for its examination and recommendation thereon.
5.
Perform such other duties as may
be provided by law, ordinance or resolution of the City Council.
6.
The Commission shall elect from its
citizen members a Chairman, Vice-Chairman and Secretary/Treasurer
at its first meeting after the annual City election or as soon thereafter
as possible.
7.
The Commission shall make monthly
reports, including minutes of all meetings, to the Mayor and City
Council, covering activities, investigations, transactions and recommendations,
and such other reports relative thereto as may be deemed proper or
as required by the Mayor or City Council. These reports shall be public
records.
8.
The Commission shall appoint the
employees and staff necessary to carry out the provisions of this
Chapter and may contract with City planners and other professional
persons for the services it requires.
9.
The salaries or compensation of any
person separately employed by the Commission shall be fixed by resolution
of the City Council.
10.
The Commission shall submit an annual
budget to the City Council. The City Council shall annually fix a
sum to be used for the management and jurisdiction of the Commission;
however, the Commission shall at no time incur expenses or obligate
the City Council for any amount in excess of the appropriation made
by the City Council for operating expenses as provided for in this
Section.
11.
The Commission shall hold regularly
scheduled monthly meetings and all such meetings shall be public meetings.
In addition, special meetings shall be called as required by the Mayor,
City Council, or by the Chairman of the Commission. All members shall
be given written notice within a minimum of five (5) days of all special
meetings, whether held in public or an executive session, unless waived
by the individual members. All meetings of the Commission shall be
conducted according to the rules adopted by it, but in absence of
such rules, then Robert's Rules of Order shall apply, unless the Commission
determines that a variance from such rules is desirable.
12.
In reviewing petitions, the Commission
shall take affirmative action to determine the views of the citizens
within the municipal Ward(s) affected by the petition, and shall accept
informal and formal petitions of such citizens protesting or requesting
approval of such petitions. The Commission shall not take or recommend
action inconsistent with the views of citizens in the affected Ward
or Wards, as reflected by citizen petitions and otherwise, unless
it specifically sets forth in its approval or recommendation (1) a
summary of such citizen petitions or protests, and (2) the specific
facts and reasons justifying rejection of the action requested by
the citizen petition or protest.
[R.O. 1997 § 400.080; Ord. No. 27 § 8, 9-1-1995]
All plats of proposed subdivision
shall, before being considered or approved by the City Council, be
submitted to the Commission for consideration and recommendation thereon.
[R.O. 1997 § 400.090; Ord. No. 27 § 9, 9-1-1995]
On and after the effective date of
this Chapter (September 1, 1995) it shall be unlawful for any person,
persons, firm or corporation to divide or subdivide any tract, lot,
plot or parcel of land lying wholly, or partially within the City
of Wildwood without first submitting to the Commission a plat showing
proposed subdivision or subdivisions, and obtaining the approval of
the City Council thereof, unless otherwise provided for by ordinance.
