City of Mount Vernon, MO Article III Planning And Zoning Commission Bylaws

Section 420.080 Areas Of Responsibility.

[R.O. 2004 § 420.080; Ord. No. 2.56 § 4, 1-9-2001]

A. It shall be the responsibility of the Planning and Zoning Commission to:

1. Cause the preparation, development and adoption of a Comprehensive Plan;

2. Formulate subdivision regulations;

3. Formulate zoning regulations;

4. Hold public hearings for proposed zoning changes and make a recommendation to the Governing Body;

5. Consider flood plain development controls;

6. Perform an annual review of the Comprehensive Plan; and

7. Adopt bylaws.

Section 420.090 Composition.

[R.O. 2004 § 420.090; Ord. No. 2.56 § 4, 1-9-2001]

A. The Planning and Zoning Commission shall be composed of seven (7) voting members as provided for by the City of Mount Vernon, Missouri.

B. The Chair, Vice Chair and Secretary shall be elected by Commission members.

C. A Secretary Pro Tem, elected by the Commission members, shall chair the meeting in the absence of the elected officers.

Section 420.100 Duties Of Officers.

[R.O. 2004 § 420.100; Ord. No. 2.56 § 4, 1-9-2001]

A. Chair. The Chair shall preside at all meetings and public hearings of the Planning and Zoning Commission and shall:

1. Decide all points of order and procedure;

2. Certify plans and plats; and

3. Transmit reports and recommendations of the Planning and Zoning Commission to the Governing Body.

B. Vice Chair. The Vice Chair shall assume the duties of the Chair in his/her absence.

C. Secretary. The Secretary shall be responsible for:

1. Keep the minutes of the Planning and Zoning Commission meetings;

2. Certify, along with the Chair, all plans and plats; and

3. Perform other duties as the Planning and Zoning Commission may require.

Section 420.110 Duties Of The Zoning Administrator Or Designate.

[R.O. 2004 § 420.110; Ord. No. 2.56 § 4, 1-9-2001]

A. The Zoning Administrator or designate shall perform the following duties:

1. Duties as set forth by the Governing Body and Planning and Zoning Commission;

2. Meet with applicants prior to application submittal and accept applications for Planning and Zoning Commission agenda items;

3. Draft or have staff reports drafted on agenda items and sent to Planning and Zoning Commission members prior to each Planning and Zoning Commission meeting;

4. Send or have agendas sent to members of the Planning and Zoning Commission;

5. Inform applicants of decisions;

6. Carry out written correspondence;

7. Maintain the records of the Planning and Zoning Commission;

8. Other duties as requested by the Planning and Zoning Commission.

Section 420.120 Meetings.

[R.O. 2004 § 420.120; Ord. No. 2.56 § 4, 1-9-2001]

A. The Planning and Zoning Commission shall establish a regular monthly meeting date.

B. A regular meeting of the Planning and Zoning Commission may be cancelled if:

1. It is determined that a quorum will not be present;

2. No subjects are scheduled for the agenda; or

3. Other reasonable circumstances.

C. The Planning and Zoning Commission may hold special meetings from time to time upon a majority vote of the full membership of the Commission.

Section 420.130 Conduct Of Meetings.

[R.O. 2004 § 420.130; Ord. No. 2.56 § 4, 1-9-2001]

A. Robert's Rules of Order shall govern the conduct of meetings.

B. There must be four (4) of the seven (7) voting members present before a vote can be taken, unless the allotted time will have expired prior to the next meeting or unless the petitioner requests a vote be taken.

C. The motion shall be restated by the Chair before a vote is taken. The name of the maker and supporter of a motion shall be recorded.

D. An affirmative vote of a majority of a quorum is required to take action on a motion; except that an affirmative vote of a majority of the full Planning and Zoning Commission is required for certain actions, such as approving subdivision plats, recommending adoption or amendment of the Comprehensive Plan and for recommending adoption of new zoning regulations.

E. Where such a vote is not possible either for or against a particular proposal, the results of such action shall be submitted to the Governing Body with an explanation of the failure to establish an official vote on the subject in question. All members, including the Chair shall have a vote and shall vote when present except that any member shall automatically disqualify himself/herself from voting on any decision in which there might be a conflict of interest and should state the nature of that conflict for the minutes.

Section 420.140 Agenda Subjects.

[R.O. 2004 § 420.140; Ord. No. 2.56 § 4, 1-9-2001]

A. Any interested party may request a place upon the agenda of a Planning and Zoning Commission meeting.

B. A copy of the agenda shall ordinarily be mailed to the members of the Planning and Zoning Commission so that they may review them at least three (3) days prior to the meeting.

C. Subjects not listed on an official agenda will ordinarily not be considered at a meeting; except that the Chair may allow consideration of non-agenda items but not public hearings.

D. Agenda for regular meeting:

1. Meeting opened by Chair.

a. Meeting called to order by Chair;

b. Roll call by name; and

c. Motion to adopt minutes of previous meeting.

2. Public hearings.

3. Discussion items.

4. Other business.

5. Adjournment.

E. Attendance At Meetings. In the event any member of the Commission shall fail to attend at least sixty-six percent (66%) of the meetings of the Commission over any nine-month period, such absences shall be the grounds for forfeiture of his/her office. If a member of the Commission is absent beyond the number of meetings allowable, it will be up to the Chair of the Commission to recommend dismissal to the Mayor.

Section 420.150 Hearings.

[R.O. 2004 § 420.150; Ord. No. 2.56 § 4, 1-9-2001]

A. Before recommending adoption or amendment of all or any part of the Comprehensive Plan, City zoning regulations, City subdivision regulations or major street plan, the Planning and Zoning Commission shall hold a public hearing on the matter as required by law.

B. The Zoning Administrator shall cause a notice of such public hearings to be published once in the official City newspaper and at least fifteen (15) days shall elapse between the date of such publication and the date set for the hearing. Such notice shall fix the time and place for such a hearing and shall describe the proposal in general terms.

C. The following procedure for conducting public hearings shall be observed:

1. Staff presents the agenda item;

2. The Planning and Zoning Commission may ask questions regarding the staff presentation and report;

3. Proponents of the agenda item make presentation;

4. Opponents of the agenda item make presentations;

5. Applicant makes rebuttal;

6. Staff presents the matters to be considered; and

7. Planning and Zoning Commission asks any questions it may have of the proponents, opponents or staff and then acts upon a motion.

D. Action by the Planning and Zoning Commission on any matter on which a hearing is held shall not be taken until the hearing has been concluded.

Section 420.160 Recommendations.

[R.O. 2004 § 420.160; Ord. No. 2.56 § 4, 1-9-2001]

The Chair of the Planning and Zoning Commission, or a member of the Planning and Zoning Commission authorized by the Chair, shall appear before the Governing Body for the purpose of reporting recommendations of the Planning and Zoning Commission.

Section 420.170 Committees.

[R.O. 2004 § 420.170; Ord. No. 2.56 § 4, 1-9-2001]

A. The Planning and Zoning Commission may establish such committees as it deems advisable and assign each committee specific duties or functions.

B. The Chair shall designate the members of each committee and shall name the Chair of each committee. The Planning and Zoning Commission shall fill vacancies on committees as they are created.

Section 420.180 Expenses.

[R.O. 2004 § 420.180; Ord. No. 2.56 § 4, 1-9-2001]

A. The Planning and Zoning Commission may accept funds and services budgeted by the Governing Body.

B. The designated fiscal agent of the Planning and Zoning Commission shall be the Mayor or the Zoning Administrator of the City of Mount Vernon.

Section 420.190 Records And Reports.

[R.O. 2004 § 420.190; Ord. No. 2.56 § 4, 1-9-2001]

A. The Planning and Zoning Commission shall keep a record of all proceedings, resolutions, transactions, findings and determinations.

B. All records of the Planning and Zoning Commission shall be available for public review.

C. The Planning and Zoning Commission shall annually review the Comprehensive Plan to determine if any portion has become obsolete and shall make a report to the Governing Body regarding same.

Section 420.200 Amendments.

[R.O. 2004 § 420.200; Ord. No. 2.56 § 4, 1-9-2001]

These bylaws may be amended by an affirmative vote of a majority of the full quorum of the Planning and Zoning Commission, provided such amendment has been submitted in writing to each member of the Commission at least three (3) days prior to the meeting at which action is to be taken.

Section 420.210 Ethical Principles.

[R.O. 2004 § 420.210; Ord. No. 2.56 § 4, 1-9-2001]

A. Members of the Planning and Zoning Commission who shall legally have a conflict of interest or believe that they may have a substantial interest, as defined by Missouri State Statute, in any matter that is on the Commission's agenda shall voluntarily excuse themselves, vacate their seat and refrain from discussion and voting on said item as a Commission member. Conflict of interest includes:

1. Ownership of property or business in which the Commission is considering action;

2. Receipt of fees, salaries or gratuity from such business or businesses; or

3. A member of the Commission member's immediate family is employed by or stands to receive a financial gain from the Planning and Zoning Commission's action.