[1]
Editor's Note: Ord. No. 769, adopted 2-14-1995, repealed R.O. 1991 Section 400.030 (Planning Commission) and enacted new provisions as set out herein at Section 400.030 and 400.040, changing the name of the governing body from Planning Commission to Planning and Zoning Commission. We changed all references within this Title from Planning Commission to Planning and Zoning Commission. Sections 400.110 to 400.180 were repealed by Ord. No. 775, adopted 5-9-1995, the original sections derived from CC 1978 §§ 40.110 – 40.180. Sections 400.040, 400.080 to 400.100 were taken over by the provisions of the new sections 400.030 and 400.040. Previous sections were derived from CC 1978 §§ 40.040, 40.080 – 40.100.
[R.O. 1991 § 400.010; CC 1978 § 40.010]
For the purpose of this Chapter the
following terms mean or include:
The chief legislative body of the City of Vandalia.
As to the organization of this Commission, see Section 400.030.
[R.O. 1991 § 400.020; CC 1978 § 40.020]
The Board of Aldermen of the City
of Vandalia shall adopt, amend and carry out a City Plan, and appoint
a Planning and Zoning Commission with the powers and duties herein
set forth.
[R.O. 1991 § 400.030; CC 1978 § 40.030; Ord. No. 769 §§ I – II, 2-14-1995]
A.
Created — Composition — Qualifications
And Appointment Of Members — Pay. There is hereby created a
Commission to be known as the "City Planning and Zoning Commission"
which shall consist of seven (7) members. These seven (7) members
shall include the Mayor, a member of the Board of Aldermen selected
by the Board annually, one (1) City Official, and four (4) citizen
members. All citizen members shall be appointed by the Mayor, with
the approval of the Board of Aldermen; shall be residents of the City;
shall serve as Commissioners without compensation; and shall hold
no other Municipal office.
B.
Term Of Members. The term of each of the
citizen members shall be for four (4) years to coincide with the fiscal
year, except that to begin said appointments, two (2) members shall
be appointed for two (2) years and two (2) members shall be appointed
for four (4) years so that succeeding terms will be staggered.
1.
Vacancy Of Term. Any vacancy in a
membership shall be filled by the Mayor and approved by the Board
of Aldermen for the remainder of the unexpired term which was vacated.
C.
Officers — Meetings — Record-Keeping
Responsibilities — Adoption Of Rules And Procedures. The City
Planning and Zoning Commission shall elect from among its members
a Chairman, Vice-Chairman, and Secretary for one (1) year terms, with
eligibility for re-election. The Mayor, designated member from the
Board of Aldermen, and City Official will be ineligible to hold the
position of either Chairman or Vice-Chairman of said Commission. The
Planning and Zoning Commission shall hold regular meetings and special
meetings as provided by rule, and shall adopt rules for the transaction
of business, and keep a record of its proceedings. These records shall
be public records. The City Administrator shall coordinate and supervise
the staff necessary to facilitate the Commission's work.
[R.O. 1991 § 400.040; Ord. No. 769 § III, 2-14-1995]
A.
Planning. The City Planning and Zoning
Commission shall have the authority, and it shall be deemed its duty,
to prepare and submit to the Board of Aldermen for its approval a
master plan for the physical development of the City, including the
general location, character, and extent of streets, bridges, parks,
waterways, and other public ways, grounds and spaces, together with
the general location of public buildings and other public property,
public utilities, and the extent and location of any public housing
projects.
1.
Filing Of Master Plan. Prior to recommending
a master plan, or portion thereof, to the Board of Aldermen, the Planning
and Zoning Commission shall hold at least one (1) public hearing thereon.
Fifteen (15) days notice of the time and place of such hearing shall
be published in at least one (1) newspaper having general circulation
within the City of Vandalia. The hearing may be adjourned from time
to time, as deemed necessary by the Commission members. The decision
to recommend a master plan to the Board of Aldermen requires a majority
vote of the full membership of the Planning and Zoning Commission.
The recommendation shall refer expressly to the maps, descriptive
matter, and other matters intended by the Commission to form the whole
or part of the plan. Action recommended by the Commission and approved
by the Board of Aldermen shall be recorded on the adopted plan or
part thereof by the identifying signatures of the Secretary of the
Commission and the Mayor, filed in the Administrator's office, and
identified properly by file number. In addition, a copy of the plan
or part thereof shall be recorded in the office of the Audrain County
Recorder of Deeds.
B.
Zoning. The City Planning and Zoning Commission
shall exercise the authority vested in it by the State zoning enabling
acts. It shall prepare and recommend to the Board of Aldermen a comprehensive
zoning ordinance, and proposed amendments or revisions thereof, with
such provisions as the City Planning and Zoning Commission shall deem
necessary or desirable for the promotion of the health, safety, morals,
and general welfare of the inhabitants of the City. Such provisions
may include regulations as to the location, width, height, and bulk
of buildings and other structures; the size of yards, courts, and
other open spaces surrounding buildings, structures, and land.
C.
Subdivisions. All plats of proposed subdivisions
presented to the Board of Aldermen for approval shall be first submitted
to the City Planning and Zoning Commission, which shall make recommendations
to the Board of Aldermen with respect thereto.
D.
Recommendations To The Board Of Aldermen
— Authority Of Board Of Aldermen To Approve Or Disapprove. The
recommendations of the City Planning and Zoning Commission shall not
be binding on the Board of Aldermen, which may approve or disapprove
the Commission's findings, except in the instances specified in Sections
89.060 and 89.380, RSMo. No general City plan, zoning ordinance, modification,
amendment, or revision thereof shall be considered by the Board of
Aldermen unless it shall have been first submitted to the City Planning
and Zoning Commission for its examination and recommendation.
[R.O. 1991 § 400.050; CC 1978 § 40.050]
The Commission shall make and adopt
a City Plan for the physical development of the City of Vandalia.
The City Plan, with the accompanying maps, plats, charts and descriptive
and explanatory matter, shall show the Commission's recommendations
for the physical development and uses of land, and may include, among
other things, the general location, character and extent of streets
and other public ways, grounds, places and spaces; the general location
and extent of public utilities and terminals, whether publicly or
privately owned, the acceptance, widening, removal, extension, relocation,
narrowing, vacation, abandonment or change of use of any of the foregoing;
the general character, extent and layout of the replanning of blighted
districts and slum areas. The Commission shall also prepare a Zoning
Plan for the regulation of the height, area, bulk, location and use
of private, non-profit and public structures and premises, and of
population density.
[R.O. 1991 § 400.060; CC 1978 § 40.060]
In the preparation of the City Plan,
the Commission shall make careful and comprehensive surveys and studies
of the existing conditions and probable future growth of the municipality.
The plan shall be made with the purpose of guiding and accomplishing
a coordinated development of the municipality which will, in accordance
with existing and future needs, best promote the general welfare,
as well as efficiency and economy in the process of development.
[R.O. 1991 § 400.070; CC 1978 § 40.070]
The Commission may adopt the plan
as a whole by a single resolution, or, as the work of making the whole
City Plan progresses, may from time to time adopt a part or parts
thereof, any part to correspond generally with one or more of the
functional subdivisions of the subject matter of the plan. Before
the adoption, amendment or extension of the plan or portion thereof,
the Commission shall hold at least one (1) public hearing thereon.
Fifteen (15) days notice of the time and place of such hearing shall
be published in at least one (1) newspaper having general circulation
within the City of Vandalia. The hearing may be adjourned from time
to time. The adoption of the plan requires a majority vote of the
full membership of the Planning and Zoning Commission. The resolution
shall refer expressly to the maps, descriptive matter and other matters
intended by the Commission to form the whole or part of the plan and
the action taken shall be recorded on the adopted plan or part thereof
by the identifying signature of the Secretary of the Commission, and
filed in the office of the Commission, identified properly by file
number, and a copy of the plan or part thereof shall be certified
to the Board and the Municipal Clerk, and a copy shall be recorded
in the office of the Audrain County Recorder of Deeds.
[R.O. 1991 § 400.080; Ord. No. 775 § III, 5-9-1995]
A Zoning Board of Adjustment is hereby
established, consisting of five (5) members who are residents of the
City.
[1]
State Law Reference: Appointment of board
of adjustment, § 89.080, RSMo.
[R.O. 1991 § 400.090; Ord. No. 775 § III, 5-9-1995]
A.
Members of the Zoning Board of Adjustment
shall be appointed by the Mayor, with the consent of the Board of
Aldermen, for a term of five (5) years and until their successors
are duly appointed and take office. To provide staggered terms of
office, one (1) member shall be appointed each year in the month of
April. Vacancies shall be filled for the unexpired term only.
B.
Term Of Members. The membership of the
first Board appointed shall serve respectively as follows: One (1)
for one (1) year, one (1) for two (2) years, one (1) for three (3)
years, one (1) for four (4) years, and one (1) for five (5) years.
Thereafter, members shall be appointed for terms of five (5) years
each.
[1]
State Law Reference: Appointment of board
of adjustment, § 89.080, RSMo.
[R.O. 1991 § 400.100; Ord. No. 775 § III, 5-9-1995]
Members of the Board of Adjustment
shall be removed from office by the Mayor for cause, upon written
charges after a public hearing. The accused member shall have the
right to appear at such public hearing in person or by counsel, or
both, and shall be permitted to present evidence and witnesses in
his/her behalf.
[1]
State Law Reference: Appointment of board
of adjustment, § 89.080, RSMo.
[R.O. 1991 § 400.110; Ord. No. 775 § III, 5-9-1995]
Meetings of the Zoning Board of Adjustment
shall be held at the call of the Chairman and at such other times
as the Board may determine. The Chairman, or in his/her absence, the
Acting Chairman, may administer oaths and compel the attendance of
witnesses. All meetings of the Board of Adjustment shall be open to
the public. The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the Board and shall be a public record.
[1]
State Law Reference: Appointment of board
of adjustment, § 89.080, RSMo.
[R.O. 1991 § 400.120; Ord. No. 775 § III, 5-9-1995]
Appeals to the Zoning Board of Adjustment
on any matter over which the Board is by this Chapter specifically
granted jurisdiction may be taken by any person aggrieved, by any
neighborhood organization as defined in Section 32.105, RSMo., representing
such person, or by any officer, Department, Board or Bureau of the
City affected by any decision of the Administrative Officer. Such
appeal shall be taken within a reasonable time, defined as thirty
(30) days after denial of said variance, by filing with the officer
from whom the appeal is taken and with the Zoning Board of Adjustment
a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from is taken.
[1]
State Law Reference: For similar provisions,
see § 89.100, RSMo.
[R.O. 1991 § 400.130; Ord. No. 775 § III, 5-9-1995]
The Zoning Board of Adjustment shall
fix a reasonable time for the hearing of each appeal, giving not less
than fifteen (15) days' notice thereof by publication once a week
for two (2) consecutive weeks, on the same day in each week, in the
official newspaper, as well as due notice to the parties in interest,
and the Zoning Board of Adjustment shall decide each appeal within
a reasonable time. Upon the hearing of an appeal, any party may appear
in person, by agent, or by attorney.
[1]
State Law Reference: For similar provisions,
see § 89.100, RSMo.
[R.O. 1991 § 400.140; Ord. No. 775 § III, 5-9-1995]
A.
The Board of Adjustment shall have the
following powers:
1.
To hear and decide appeals where
it is alleged there is error in any order, requirement, decision,
or determination made by an Administrative Official in the enforcement
of these Sections or of any ordinance adopted pursuant thereto;
2.
To hear and decide all matters referred
to it or upon which it is required to pass under this Title;
3.
In passing upon appeals, where there
are practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of this Title, to vary or modify the application
of any of the regulations or provisions of this Title relating to
the use, construction, or alteration of buildings or structures or
the use of land so that the spirit of this Title shall be observed,
public safety and welfare secured and substantial justice done.
B.
In exercising the above-mentioned powers
such board may, in conformity with the provisions of Sections 89.010
to 89.140, RSMo., reverse or affirm wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
may make such order, requirement, decision or determination as ought
to be made and to that end shall have all the powers of the officer
from whom the appeal is taken. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement,
decision, or determination of any such Administrative Official, or
to decide in favor of the applicant on any matter upon which it is
required to pass under this Title or to effect any variation in this
Title.
C.
In considering all appeals under this Title
the Zoning Board of Adjustment shall, before making any finding in
a specific case, first determine that the proposed change will not
constitute a change in the district map and will not impair an adequate
supply of light and air to adjacent property, or increase congestion
in public streets, or increase the danger of fire, or materially diminish
or impair established property values within the surrounding area,
or in any other respect impair the public health, safety, comfort,
morals, and welfare of the City.
[1]
State Law Reference: Powers of Board of Adjustment,
§ 89.090, RSMo.
[R.O. 1991 § 400.150; Ord. No. 775 § III, 5-9-1995]
Every change granted or denied by
the Zoning Board of Adjustment shall be accompanied by a written finding
of fact, specifying the reason for granting or denying the change.
The decision of the Board shall be made a part of any building permit
in which a variation is allowed.
[R.O. 1991 § 400.160; Ord. No. 775 § III, 5-9-1995]
Any person or persons jointly or
severally aggrieved by any decision of the Zoning Board of Adjustment,
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person or persons, or any Officer, Department, Board
or Bureau of the City relative to this Title, may present to the County
Circuit Court a petition, duly verified, stating that such decision(s)
is illegal in whole or in part, specifying the grounds of the illegality
and asking for relief therefrom. Such petition shall be presented
to the Court within thirty (30) days after the filing of the decision
in the office of the Zoning Board of Adjustment.
[1]
State Law Reference: For similar provisions,
see § 89.110, RSMo.
