[R.O. 2011 §§400.050, 400.095; Ord. No. 01-10 §1(3.01, 3.10), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
There is herewith created a Planning Commission consisting of seven (7) members appointed by the Mayor with the approval of the City Council.
Membership. The following shall be the membership of the City Planning and Zoning Commission:
There shall be seven (7) members, including:
The Mayor of the City of Trenton, Missouri, if the Mayor chooses to be a member.
A member of the City Council of the City of Trenton appointed by the City Council, if the Council chooses to have a member serve on the Commission.
A minimum of five (5) additional citizens and not more than seven (7) additional citizens, so that the Planning and Zoning Commission membership is equal to seven (7) members. The citizen members shall be appointed by the City Council and should be more or less evenly distributed by residence location among the City's four (4) wards and the Planning and Zoning Commission shall serve without compensation.
Term of Planning Commission members. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first (1st) appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment of the aforesaid. The Council may remove any citizen member for cause stated in writing and after public hearing.
The Commission shall elect its Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for re-election. The Commission shall hold regular meetings and special meetings as they 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 Commission shall appoint the employees and staff necessary for its work, and may contract with City Planners and other professional persons for the services that it requires. The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by Council.
[R.O. 2011 §400.070; Ord. No. 01-10 §1(3.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The City Planning Commission shall have the powers authorized pursuant to Chapters 89.320 through 89.470, RSMo., inclusive, including the following:
Organizing itself, maintaining records and minutes of its proceedings, preparing and recommending a City plan covering physical development within the City.
Make reports and recommendations to the City Council relating to the plan for the development of the municipality and the periodic updates thereof.
Review all proposals for changes to streets and public utilities (regardless of whether said utility is publicly or privately owned) as regards conformance with the City plan.
Review all subdivision plats and recommend action on same in conformance with Sections 89.400 through 89.450, RSMo., inclusive, or as this State Statute is amended from time to time.
Prepare as part of the City plan a major street plan which provides design standards for streets, pavements, street grades and the use of public street easements for other utilities or services, public or private.
The Planning Commission may have such other duties as are provided it by the City Council, so long as said duties conform with the enabling Statute found at Chapter 89, RSMo.
[R.O. 2011 §400.075; Ord. No. 01-10 §1(3.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Within the limits imposed by the funds available for its use, the Commission may employ such staff personnel and/or consultants as it sees fit to aid in its work. Appointments shall be made by a majority vote of the entire Commission membership with approval of the City Council.
[R.O. 2011 §400.085; Ord. No. 01-10 §1(3.08), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Members of the Planning Commission shall be removable for cause by a majority vote of the City Council upon the filing of written charges with the City Council and after public hearing. The City Council shall remove any member upon the occurrence of any of the following conditions as reported to the Council by either the Planning Commission Chairman or the Zoning Administrator:
Failure to attend one-third (1/3) of the regularly scheduled Commission meetings in any twelve (12) month period.
Failure of the member to attend three (3) consecutive regular Commission meetings.
Violation by the member of any land use control ordinance adopted by Trenton pursuant to Chapter 89, RSMo., and all acts amendatory thereof.
[R.O. 2011 §400.090; Ord. No. 01-10 §1(3.09), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Vacancies on the Planning Commission shall be promptly filled by the City Council and any member so appointed shall serve the balance of the preceding member's term and shall thereafter be subject to appointment in the manner hereinabove set forth.
[R.O. 2011 §400.100; Ord. No. 01-10 §1(3.11), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
There is herewith created a Board of Adjustment consisting of five (5) members who shall be residents appointed by the City Council. Two (2) members shall be members of the Planning Commission. No elected officer nor any employee of the City of Trenton shall serve on the Board of Adjustment.
Of the members appointed to the first (1st) Board, one (1) shall serve a term of one (1) year and one shall serve a term of two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter, all members shall be appointed for a term of five (5) years, provided that each member shall serve until his or her successor is duly appointed.
[R.O. 2011 §400.105; Ord. No. 01-10 §1(3.12), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A Chairman and Vice Chairman shall be elected to a one (1) year term from among the members. The Secretary shall be appointed who need not be a member of the Board.
[R.O. 2011 §400.110; Ord. No. 01-10 §1(3.13), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The Board of Adjustment shall have the following powers:
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;
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
[R.O. 2011 §400.115; Ord. No. 01-10 §1(3.14), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Appeals to the Board of Adjustments (hereinafter referred to as the "Board") may be taken by any person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of an administrative officer. Such appeal shall be taken within ten (10) calendar days after each decision by filing with the Zoning Administrator a notice of appeal specifying the ground thereof. The Zoning Administrator shall immediately transmit to the Planning Commission and City Council documents and exhibits constituting the record from which the appeal is taken. The appeal shall stay all proceedings pending the decision of the Board.
The Board shall fix a reasonable time for hearing such appeal and shall render a decision within thirty (30) days of the date of the hearing. The Board shall give public notice of the hearing and shall further mail written notice to all those property owners of record located within seventy-five (75) feet of the location of the applicant's property. At the hearing, any party may appear in person, by authorized agent or by attorney.
The Board shall keep complete and detailed records of its proceedings which shall include the minutes of the meetings, its findings and actions taken upon each matter heard by it including the final order. The Board shall record the vote of each member upon each question or if absent or failing to vote, indicating such fact. All records shall be open to the public and shall immediately be filed in the office of the City Clerk.
[R.O. 2011 §400.120; Ord. No. 01-10 §1(3.15), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Members of the Board shall be removable for cause by majority vote of the City Council (Governing Body of the City) upon the filing of written charges. No member shall be removed prior to a public hearing which shall be held within thirty (30) days of the date of filing written charges.
[R.O. 2011 §400.125; Ord. No. 01-10 §1(3.16), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Vacancies occurring on the Board of Adjustment by reason of death, removal, resignation or other cause shall be promptly filled by the Mayor through appointment and each appointment shall require the consent of the City Council. Any member so appointed shall serve the balance of the preceding member's term and shall thereafter be subject to appointment in the manner hereinabove set forth.
Any person or persons jointly or severally aggrieved by any decision of the 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, may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.
[R.O. 2011 §400.140; Ord. No. 01-10 §1(3.19), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The City Council shall appoint a Zoning Administrator whose duty it shall be to administer and enforce the provisions of this Chapter. His/her administrative functions shall include, but not be limited to, the duties as prescribed below:
Provide necessary forms and applications;
Issue land use permits upon demonstration of the applicant's compliance with the provisions of this Chapter and with proper authorization from the City Board so designated to review such permit application(s) or upon instruction from the City Council or from a court of competent jurisdiction;
Issue certificates of compliance;
Issue any permits authorized by the City Council or Board of Adjustment;
Identify and record information relative to non-conforming uses and structures;
Provide assistance in zoning changes and amendments to the ordinance text or map;
Maintain files of applications, permits and other relevant documents;
Make an annual report of his or her activities to the City Council, to the Planning Commission and to the Board of Adjustment.
[R.O. 2011 §400.145; Ord. No. 01-10 §1(3.20), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The Zoning Administrator shall have all powers and authority conferred by laws, Statutes and ordinances to enforce the provisions of this Chapter including, but not limited to, the following: access to any structure or premise for inspection or enforcement purposes by the permission of the owner or upon issuance of a special inspection permit.
[R.O. 2011 §400.150; Ord. No. 01-10 §1(3.21), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004; Ord. No. 08-15 §1, 3-24-2008]
Land use permits include conditional use permits, variances and special use permits as defined herein. All said permits shall be issued in accordance with the following provisions:
Applications shall be accompanied by scale maps or drawings showing accurately the location, size and shape of the lot(s) involved and of any proposed structures, including the relation to abutting streets, lakes or streams and the existing and proposed use of each structure and lot and the number of families to be accommodated. One (1) copy shall be retained by the Zoning Administrator and one (1) copy shall be returned to the owner when such plans have been approved.
Any permit shall be valid for twelve (12) months after the date of issue. When construction has not been started on valid permits within a twelve (12) month period from the date of issue, an extension of time may be granted upon application to the Zoning Administrator.
No permit pursuant to this Chapter shall be required for maintenance, repair or remodeling where the building area coverage is not increased, so long as said maintenance, repair or remodeling is in compliance with other Sections of this Chapter.
Permits issued hereunder may be revoked for cause, including, but not limited to, mistakes or misrepresentation of fact, issuance in violation of the provisions of this Chapter or in violation of any other applicable law or ordinance and for violation of the terms and conditions of the permit.
In addition to all other requirements for the issuance of any land use permit, every application for any land use permit shall be accompanied by a one hundred dollar ($100.00) permit fee. No application for land use permit will be accepted until such fee has been paid and such fee is not refundable regardless of whether such permit is granted.