[Ord. No. 09-012 §1, 4-6-2009]
A.
The
Planning and Zoning Commission shall be constituted in accordance
with the provisions of Sections 89.070 and 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.
4.
The Commission Members shall attend all regular or special meetings
when called unless excused by the Chair of the Commission for good
cause shown by the Chair of the Commission. Any Member who acquires
three (3) absences in any twelve (12) month period of time shall automatically
forfeit his/her term on the Commission and the Mayor shall fill the
vacated seat for the balance of the term as set forth above.
[Ord. No. 17-044 § 1, 8-21-2017]
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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.
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[Ord. No. 09-012 §1, 4-6-2009]
A.
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.
B.
The
Commission shall adopt rules and regulations governing the procedures
and operations of the Commission, not inconsistent with the provisions
of this Chapter.
C.
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.
D.
Minutes
shall be kept of all Commission proceedings.
E.
The
Commission shall conduct its meetings so as to obtain necessary information
and to promote the full and free exchange of ideas and evidence.
F.
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.
G.
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.
H.
The
expenditures of the Commission, exclusive of grants and gifts, shall
be within the amounts appropriated for the purpose by the Board.
[Ord. No. 09-012 §1, 4-6-2009]
A.
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 plan and development of the City to
public officials and agencies, public utility companies, civic, educational,
professional and other organizations and citizens.
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.
It may recommend to the executive or legislative officials of the
City programs for public improvements and the financing thereof.
4.
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.
5.
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.
6.
Make recommendations to the Board of Aldermen regarding the approval
or disapproval of plans and plats for land subdivision.
7.
Hold public hearings and make recommendations to the Board of Aldermen
regarding variances to land subdivision and platting.
8.
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. 09-012 §1, 4-6-2009]
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 (1) 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 municipality. 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 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 available in the office of the County Recorder of Deeds and shall
be available at the Municipal Clerk's office for public inspection
during normal office hours.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
City Planning and Zoning Commission shall make and adopt a Comprehensive
City Plan for the physical development of the City. In preparing the
City Plan, the Commission shall make careful and comprehensive surveys
and studies of the existing conditions and probable future growth
of the City. The plan shall be made with the general purpose of guiding
and accomplishing a coordinated development of the City 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.
B.
The
Comprehensive Plan for the physical development of the City, with
the accompanying maps, plats, charts, descriptive and explanatory
matter, shall show the Commission's recommendations for the development
of City territory and may include, among other things:
1.
The general location, character and extent of streets, bridges, parks,
waterways and other public ways, grounds and spaces;
2.
The general location of public buildings and other public property;
3.
The general location and extent of public utilities, whether publicly
or privately owned;
4.
The removal, relocation, widening, extension, narrowing, vacation,
abandonment or change of use of such existing or future public ways,
grounds, spaces, building, property or utilities;
5.
The general location, character and extent of residential, commercial,
industrial and other uses of land;
6.
The extent and layout of the planning of blighted districts and slum
areas.
7.
The regulation of the height, area, bulk, location and use of private,
non-profit and public structures and premises, and of population density,
but the adoption, enforcement and administration of the zoning plan
shall conform to the provisions of Sections 89.010 to 89.250, RSMo.
[Ord. No. 09-012 §1, 4-6-2009]
The Board of Adjustment shall be constituted in accordance with
the provisions of Section 89.080, RSMo. The Board of Adjustment shall
consist of five (5) members, all of who shall be residents of the
City 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. 09-012 §1, 4-6-2009]
Members and alternates shall be appointed for terms of five
(5) years each. 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 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.
[Ord. No. 09-012 §1, 4-6-2009]
Four (4) members of the Board of Adjustment shall constitute
a quorum. A member who has withdrawn from the proceedings without
an excuse shall be counted as present for purposes of determining
a quorum.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
Board of Adjustment shall elect a Chairman from its membership.
B.
The
Board of Adjustment shall adopt rules of procedure in accordance with
the provisions of Sections 89.010 to 89.170, RSMo.
C.
Meetings
of the Board of Adjustment shall be held at the call of the Chair
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.
D.
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.
E.
The
Board of Adjustment shall act by resolution. 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 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.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
Board of Adjustment shall hear and decide:
1.
Appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative official
in the enforcement of the zoning provisions of this Chapter in accordance
with the provisions of Title IV.
2.
All matters referred to it or upon which it is required to pass under
such ordinance.
3.
Questions involving interpretations of the Zoning Map, including
disputed district boundary lines and lot lines.
4.
Requests for variances from the strict application of the zoning
provisions of this Title IV.
5.
Any other matter the Board is required to act upon by any other City
ordinance.
B.
The
Board of Adjustment shall have the above powers, 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.
[Ord. No. 09-012 §1, 4-6-2009]
A.
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 any such ordinance.
B.
Failure
of a member present at the Board of Adjustment meeting to vote shall
be recorded as an affirmative vote unless the member has been excused.
C.
A member
shall excuse himself/herself from voting on an issue if any of the
following conditions exist:
1.
The member has direct financial interest in the outcome of the issue,
or
2.
The issue involves the member's own official conduct, or
3.
Participation in the matter might violate the letter or spirit of
a member's code of professional responsibility, or
4.
A member has such close personal ties to the applicant that the member
cannot be expected to exercise sound judgment in the public interest.
