[Ord. No. 020227 §1(3.4), 2-27-2002]
A.
Composition Of Planning And Zoning Commission. The Planning
and Zoning Commission shall be constituted in accordance with the
provisions of Section 89.070 and Section 89.320, RSMo. The Planning
and Zoning Commission shall consist of not more than fifteen (15)
nor less than seven (7) members, including:
1.
The Mayor, if the Mayor chooses to be a member;
2.
A member of the Board of Aldermen, selected by the Board of Aldermen,
if the Board of Aldermen chooses to have a member serve on the Commission;
and
3.
Not more than fifteen (15) nor less than five (5) citizens, who shall
be residents of the City, appointed by the Mayor and approved by the
Board of Aldermen. Commission members shall serve without compensation.
B.
Period Of Appointment. The terms of each of the citizen
members shall be for four (4) years. Any vacancy in a membership shall
be filled for the unexpired term by appointment by the Mayor and approval
by the Board of Aldermen. The Board of Aldermen may remove any citizen
member for cause stated in writing. The member notified of removal
shall have the right to a public hearing on said order of removal.
An appeal for public hearing must be made in writing and filed with
the City within ten (10) days after the date of order of removal.
C.
Officers, Rules And Meetings.
1.
The Commission shall elect a Chair and Secretary from among its citizen
members. The term of Chair and Secretary shall be for one (1) year
with eligibility for re-election.
2.
The Commission shall adopt rules and regulations governing the procedures
and operations of the Commission not inconsistent with the provisions
of this Chapter.
3.
The Commission shall establish a regular meeting schedule and shall
meet frequently enough in order to take action in a timely manner
on matters brought before the Commission.
4.
Minutes shall be kept of all Commission proceedings.
5.
The Commission shall conduct its meetings so as to obtain necessary
information and to promote the full and free exchange of ideas and
evidence.
6.
All Planning and Zoning Commission meetings shall be open to the
public and the agenda for each meeting shall be made available in
advance of the meeting as required by law.
7.
The Commission may request appointment of employees or staff necessary
for its work and may request contract with professional persons for
services required to carry out its duties under the provisions of
this Chapter.
D.
Power And Duties Of Planning And Zoning Commission. The
Planning and Zoning Commission shall have the following powers and
duties:
1.
Conduct studies and recommend to the Board of Aldermen plans, goals
and objectives relating to the growth, development and redevelopment
of the City.
2.
Prepare and recommend to the Board of Aldermen policies, ordinances
and administrative procedures and other means for carrying out plans
for the City in a coordinated and efficient manner.
3.
Prepare and recommend to the Board of Aldermen regulations governing
the zoning and subdivision of land within the City including, among
other things, requirements for the coordinated development of the
City. Recommendations may be made for the coordination of streets
within subdivisions with other existing or planned streets or with
other features of the Comprehensive Plan or Official Map; for adequate
open spaces for traffic, recreation, light and air; for distribution
of population and traffic; for requirements as to the extent and manner
of installation of all utility facilities; and recommended manner
of enforcement. All recommendations shall be in conformity with Chapter
89, RSMo.
4.
Hold public hearings on rezoning applications, text amendments and
conditional use permits and make recommendations to the Board of Aldermen
regarding the approval or disapproval of such rezoning applications,
text amendments and conditional use permits.
5.
Make recommendations to the Board of Aldermen regarding the approval
or disapproval of plans and plats for land subdivision.
6.
Hold public hearings and make recommendations to the Board of Aldermen
regarding variances to land subdivision and platting.
7.
Make reports to the Board of Aldermen, as it may deem proper or as
requested by the Board of Aldermen, on its investigations, transactions
and recommendations and other reports relative to its prescribed responsibilities
and authority.
[Ord. No. 020227 §1(3.5), 2-27-2002]
A.
A. Composition Of Board Of Adjustment. The Board
of Adjustment for the City of Willard shall be constituted in accordance
with the provisions of Section 89.080, RSMo. The Board of Adjustment
shall consist of five (5) members, who shall be residents of Willard
except as provided in Section 305.410, RSMo., appointed by the Mayor
and approved by the Board of Aldermen. Three (3) alternate members
may be appointed to serve in the absence or disqualification of regular
members. Members shall serve without compensation.
[Ord. No. 150713A §1, 7-13-2015]
B.
Period Of Appointment. Members of the appointed
Board of Adjustment shall serve as follows: one (1) member for one
(1) year, one (1) member for two (2) years, one (1) member for three
(3) years, one (1) member for four (4) years and one (1) member for
five (5) years. Thereafter, members shall be appointed for terms of
five (5) years each. Any vacancy in membership shall be filled for
the unexpired term by appointment by the Mayor and approval by the
Board of Aldermen. The Board shall elect a chairman who shall serve
for one (1) year.
[Ord. No. 150713A §1, 7-13-2015]
C.
Removal of Members. All members and alternates may
be removed for cause by the appointing authority upon written charges
and after a public hearing. Vacancies shall be filled for the unexpired
term of any member whose position becomes vacant.
[Ord. No. 150713A §1, 7-13-2015]
D.
Officers, Rules And Meetings.
[Ord. No. 150713A §1, 7-13-2015]
1.
Officers. The Board of Adjustment shall elect
a Chairman and Vice Chairman from its membership.
2.
Adopting Rules. The Board of Adjustment shall
adopt rules of procedure in accordance with the provisions of Section
89.010 to Section 89.170, RSMo.
3.
Meeting Schedule. Meetings of the Board of
Adjustment shall be held at the call of the Chairman and at such other
times as a majority of the Board of Adjustment may determine. Meetings
shall be held frequently enough so that applications and appeals may
be processed expeditiously.
4.
Open Meetings. All meetings of the Board of
Adjustment shall be open to the public and the agenda for each meeting
shall be made available to the public in advance of the meeting as
required by law.
5.
Minutes of Meetings. The Board shall keep minutes
of its proceedings, showing the vote of each member upon each question.
The minutes shall reflect if a member is absent or fails to vote.
All minutes shall be filed with the City Clerk and shall become public
record. All testimony, objections thereto and rulings thereon shall
be taken down by a reporter employed by the Board for that purpose
or by electronic recording and may be transcribed upon request, provided
that the cost of such transcription is paid to the City Clerk at the
time the request is made.
6.
Board of Adjustment Quorum. At any meeting at which a vote is taken to reverse any order, requirement. decision or determination of the Administrative Official or to vote on any applicant request, a quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership. excluding vacant seats. A member who has withdrawn from the proceedings without an excuse,. as provided for in Subsection (F), shall be counted as present for purposes of determining a quorum. Three (3) members shall constitute a quorum for meetings of the Board of Adjustment for all other matters.
E.
Powers and Duties Of Board Of Adjustment. The Board of Adjustment
shall hear and decide:
1.
Appeals from any order, decision, requirement or interpretation
made by any administrative official of the City of Willard.
[Ord. No. 150713A §1, 7-13-2015]
2.
Questions involving interpretations of the Zoning Map, including
disputed district boundary lines and lot lines.
3.
Requests for variances from the strict application of the zoning provisions of this Chapter in conformance with the provisions of Section 400.200.
4.
Any other matter the Board is required to act upon by any other City
ordinance.
F.
Board Of Adjustment Voting.
1.
The concurring vote of four (4) members of the regular Board membership
(excluding vacant seats) shall be necessary to reverse any order,
requirement, decision or determination of the Administrative Official
or to decide in favor of the applicant on any matter upon which it
is required to pass including to grant any variance.
3.
A member shall excuse himself/herself from voting on an issue, if
any of the following conditions exist:
a.
The member has direct financial interest in the outcome of the issue,
or
b.
The issue involves the member's own official conduct, or
c.
Participation in the matter might violate the letter or spirit of
a member's code of professional responsibility, or
d.
A member has such close personal ties to the applicant that the member
cannot be expected to exercise sound judgment in the public interest.
4.
A member may be allowed to withdraw from the remainder of a meeting
by majority vote of the remaining members present for any good reason
other than a desire to avoid voting on matters to be considered at
the meeting.
[Ord. No. 020227 §1(3.6), 2-27-2002; Ord. No. 130708 §§1––14, 7-8-2013]
A.
PARK TREES
STREET TREES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all areas owned by the City or
to which the public have free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying within right-of-way lines on either side of all City streets,
avenues, or ways within the City.
B.
There is hereby created and established a Tree Board for the City
of Willard, Greene County, Missouri, which shall consist of a minimum
of three (3) members and a maximum of ten (10). The members shall
consist of citizens of the City of Willard at large and may include
up to eight (8) members from outside the City limits. The Board shall
be appointed by the Mayor, with consent by the Board of Aldermen of
the City of Willard, Greene County, Missouri.
1.
Two (2) of those who are members of the Tree Board on July 1,
2013, shall serve for a one-year term; the other two (2) members shall
serve for two-year terms.
2.
Thereafter, each member shall serve for two-year terms, with
the appointments to be made by the Mayor, with the consent of the
Board of Aldermen, at the regularly scheduled meeting of the Board
of Aldermen in June of each year.
3.
Should any member resign or withdraw from the Tree Board, that
member shall be replaced by appointment by the Mayor, with approval
of the Board of Aldermen. The appointment shall be for the remainder
of the term of the member who is being replaced.
4.
Meetings shall be held on a quarterly basis with the date and
time to be determined at the fourth quarter meeting of each year.
Should any member fail to attend two or more meetings in a row without
justification, that member shall be considered to have withdrawn from
the Tree Board and may be replaced by the Mayor as herein described.
C.
It shall be the responsibility of the City Tree Board to study, investigate,
counsel and develop and/or update annually, and administer a written
plan and budget for the care, maintenance, preservation, pruning,
planting, replanting, removal or disposition of trees and shrubs in
parks, along streets and in other public areas. Such plan will be
presented annually to the City Council and upon their acceptance and
approval shall constitute the official comprehensive city tree plan
for the City of Willard. The Tree Board, when requested by the Board
of Aldermen, shall consider, investigate, make findings, report and
recommend upon any special matter or question coming within the scope
of its work.
D.
The Tree Board shall develop and maintain a list of desirable trees
for planting along streets in three (3) size classes: small, medium
and large. A list of trees not suitable for planting will also be
created. These lists may be modified from time to time by the Tree
Board without notice. However, nothing in this Section shall be construed
to restrict, limit or prohibit the planting of any tree. The lists
created by the Tree Board are advisory only.
E.
The spacing of street trees will be in accordance with the three (3) size classes listed pursuant to Subsection D of this Section, and no trees may be planted closer together than the following: small trees, thirty-five (35) feet; medium trees, forty (40) feet; and large trees, forty-five (45) feet; except in special plantings designed or approved by the Tree Board or its designee.
F.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) size classes listed pursuant to Subsection (D) of this Section, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet.
G.
No street tree shall be planted closer than twenty-five (25) feet
to any street corner, measured from the point of nearest intersecting
curbs. No street tree shall be planted closer than ten (10) feet to
any fireplug.
H.
No street trees, other than those species listed as small trees,
may be planted under or within ten (10) lateral feet of any overhead
utility wire.
I.
The City shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the right-of-way line of all City
streets, alleys, avenues, lanes, squares and public grounds, as may
be necessary to insure public safety or to preserve or enhance the
symmetry and beauty of such public grounds. The Tree Board may remove
or cause or order to be removed, from right-of-way, any tree or part
hereof which is in an unsafe condition or which by reason of its nature
is injurious to channels, sewers, electric power lines, gas lines,
water lines, or other improvements, or is affected with any injurious
fungus, insect or other pest.
J.
It shall be unlawful as a normal practice for any person, firm or
City department to top any street tree, park tree or other tree on
public property. "Topping" is defined as the severe cutting back of
limbs to stubs larger than three (3) inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree. Trees severely damaged by storms or other causes,
or certain trees under utility wires or other obstructions where other
pruning practices are impractical may be exempted from this Section
at the determination of the Tree Board.
K.
The City shall have the right to cause the removal of any dead or
diseased trees, tree limbs or branches on public property within the
City, when such trees constitute a hazard to health, safety or welfare
or a threat to other trees or plant life within the City.
L.
It shall be unlawful for any person to prevent, delay, or interfere
with the Tree Board, or any of its agents, while engaging in removing
of any street trees or park trees, as authorized in this Section.
M.
The Board of Aldermen shall have the right to review the conduct,
acts, and decisions of the Tree Board. Any person may appeal from
any ruling or order of the Tree Board to the Board of Aldermen who
may hear the matter and make a final decision.
N.
Every person who shall be convicted of violating any of the provisions
of this Section shall be fined not more than five hundred dollars
($500.00).
