[1]
Editor's Note: Ord. No. 2007-23, adopted June 12, 2007,
repealed Ch. 400 and enacted new provision set out herein. Former
Ch. 400 derived from Ord. No. 92-10 §§ 1 – 6,
10-20-1992; Ord. No. 99-11 § 1, 5-25-1999.
[R.O. 1994 § 400.010; Ord. No.
2007-23 Art. 1 §§ 1 – 2, 6-12-2007]
A.
Powers And Duties. The purpose of these regulations is to establish
rules for the internal organization and procedures of operation of
the Planning and Zoning Commission and for compliance with City of
Lake Ozark Municipal Codes and Missouri State Statutes.
B.
Commission. The function, powers and duties of the Planning Commission
are as authorized by City of Lake Ozark Municipal Codes and Missouri
State Statutes and by the existing ordinances and State Statutes establishing
the Planning and Zoning Commission. The Planning and Zoning Commission
shall adopt its own rules and policies for operating meetings and
procedures not covered by this Section or State Statute, consistent
with its powers.
[R.O. 1994 § 400.020; Ord. No.
2007-23 Art. 3 §§ 1 – 6, 6-12-2007]
A.
Officers. The officers of the Commission shall be a Chairperson,
Vice Chairperson/Secretary. The Chairperson and Vice Chairperson/Secretary
shall be elected by the Planning and Zoning Commission at its regular
meeting in May of each year. The term of office shall be one (1) year.
B.
Chairperson. The Chairperson shall preside at all meetings of the
Planning and Zoning Commission. At his/her discretion, a Chairperson
may call special meetings and he/she may also relinquish the Chair
to the Vice Chairperson or other specific member. The Chairperson
or the City Administrator shall have the authority to cancel regular
or special meetings, except public hearings, provided that there has
been notification given to the Secretary of the Planning and Zoning
Commission that a quorum will not be present. The Chairperson shall
appoint all committees. The Chairperson shall perform all of the duties
assigned to his/her office by law and by the City Governing Body and
shall have such usual powers of supervision and management as pertain
to the office of Chairperson. The Chairperson shall conduct all meetings,
maintain order and seek the consensus of the Board on all issues that
come before the Commission. If the Chairpersonship becomes vacant
for any reason, the Vice Chairperson shall succeed to the Chairpersonship
for the remainder of the term.
C.
Vice Chairperson/Secretary. The Vice Chairperson shall act as Chairperson
in the absence of the Chairperson or disability of the Chairperson.
In the event the office of Chairperson becomes vacant, the Vice Chairperson
shall succeed to that office for the unexpired term and the Planning
and Zoning Commission shall select a new Vice Chairperson for the
unexpired term.
D.
Deputy Secretary. The City Administrator or his/her designee serves
as the Deputy Secretary of the Planning and Zoning Commission. This
office is not a voting member of the Planning and Zoning Commission.
The Deputy Secretary shall send notices of all regular and special
meetings to all members of the Commission. In addition, the Deputy
Secretary shall have charge of the office of the Planning and Zoning
Commission and all books, papers and records thereof and attend to
all correspondence of the Planning and Zoning Commission.
E.
Attendance. Attendance shall be as prescribed in the Code of the
City of Lake Ozark.
F.
Members. Including officers, the Planning and Zoning Commission shall
consist of eight (8) members. There shall be seven (7) citizen members
and at least one (1) Alderman, sitting in this capacity and whose
position shall be appointed annually, on the Planning and Zoning Commission.
The Mayor may appoint and the Board may confirm more than one (1)
Alderman; however, any additional Aldermen must be appointed as citizen
representatives and shall serve a specified term regardless of term
as Alderman.
[R.O. 1994 § 400.030; Ord. No.
2007-23 Art. 4 §§ 1 – 4, 6-12-2007]
A.
Regular Meetings. Regular meetings of the Planning and Zoning Commission
shall be set annually and adopted by resolution and a current schedule
available from the Secretary of the Planning and Zoning Commission.
Unless otherwise provided, the regular meetings shall be on the first
Wednesday of the month at 5:00 P.M. at City of Lake Ozark City Hall.
Meetings shall adjourn by 10:00 P.M., unless extended upon motion
of a majority of the Planning and Zoning Commission members present.
Items remaining on the agenda at the end of a meeting may be continued
by the Planning and Zoning Commission until the next regular meeting.
[Ord. No. 2017-12, 3-28-2017]
B.
Special Meetings. Special meetings of the Planning and Zoning Commission
shall be called by the Chairperson or, in his/her absence, by the
Vice Chairperson and held at any time or place fixed in the notice.
Only items specified in the notice may be acted upon at the special
meeting. Notice may be made by telephone or e-mail, provided that
such notice is also posted at City Hall no later than twenty-four
(24) hours before said meeting. The Chairperson or, in his/her absence,
the Vice Chairperson shall call a special meeting of the Commission
at the request of a majority of the appointed members of the Commission;
and if the Chairperson or, in his/her absence, the Vice Chairperson
shall fail to comply with such a request, said member so requesting
may call such meeting provided they all sign the notice. The Planning
and Zoning Commission shall provide at least seven (7) calendar days'
notice to each member prior to any special meeting unless the notice
requirement is waived by all members.
C.
Quorum. A majority of the membership of the Planning and Zoning Commission
shall be necessary to constitute a quorum for the transaction of business
and the taking of official action.
D.
Agenda. Agendas for all regular meetings shall be available at the
Community Development Department office at least three (3) days prior
to the meetings, unless a justifiable urgency requires otherwise.
Deadlines for filing for placement on the Planning and Zoning Commission's
agenda shall be in accordance with deadlines established by resolutions
and shall be set by the Community Development Director.
[R.O. 1994 § 400.040; Ord. No.
2007-23 Art. 5 §§ 1 – 14, 6-12-2007]
A.
Parliamentary Procedure. The Robert's Rules of Order (latest
edition) shall be followed at all meetings of the Planning Commission
so long as they are not inconsistent with the laws of the State of
Missouri, the ordinances of the City of Lake Ozark or the provisions
of these regulations.
B.
Order Of Business.
1.
Order, i.e., roll call, approval of minutes, agenda items, old
business, new business, reports and adjournment.
2.
The Commission may amend the order of the agenda by a majority
vote of the members present and voting.
3.
The Commission may consider items not on the agenda if a majority
of the Commission members vote approval to do so.
C.
Staff Reports. Staff reports on all agenda items shall be prepared
and provided to the Commission members at least three (3) days prior
to the scheduled meeting.
D.
Continuances. Any item may be continued upon request of the applicant
or recommendation by staff or a Commission member. The Commission
may continue items requiring a public hearing to a date certain. Other
items may be tabled and recalled at the request of the applicant,
staff or Commission. A tabled item which fails to be recalled after
six (6) months shall be considered withdrawn. The applicant is entitled
to one (1) continuance as a matter of right and subsequent continuances
only upon approval of a majority of the Planning and Zoning Commission
or the applicant must withdraw the item.
E.
Appearance Before The Commission. Applicants or their representatives
may appear before the Commission to present their views on an agenda
item. If required by law, the Commission will hold a public hearing
and entertain public comment. If a public hearing is not required,
then the Commission may, at its discretion, entertain public comment
from members of the community or individuals or their representatives
who believe they will be affected by the Commission's action.
Whenever a person or entity appears before the Planning and Zoning
Commission, the Chairperson may, at his/her discretion, prescribe
procedures for registration of speakers and require that each person
come forth and state:
1.
Name;
2.
Address; and
3.
Person or organization that he/she represents or that he/she
is speaking as an individual. The Chairperson may also reasonably
limit the length of all persons' presentation or discussion to
ensure the orderly conduct of Commission business; however, the decision
of the Chairperson may be overridden by a majority of the Commission
present.
F.
Incomplete Submittals. The Commission will not hear items that fail
to meet City ordinance submission requirements.
G.
Commission Action. The Commission shall take action on each item presented at the conclusion of discussion on the item. Voting shall be by voice ballot on each item. If there is a dissenting vote, the Chairperson shall call for a roll call vote. Voting shall be tallied by the Secretary. All members, including the Chairperson, shall have a vote and shall vote when present except that any member shall automatically disqualify himself from voting on any decision in which he/she may have a conflict of interest as discussed in Section 400.050. If the item upon which the Planning and Zoning Commission action taken is remanded for reconsideration to the Commission by the Governing Body, it shall be considered at the next regular meeting of the Planning and Zoning Commission after notice of the remand is received. If no action is taken on the remanded item at this meeting, the same recommendation will be deemed made and will be sent back to the Governing Body.
H.
Record Of Proceedings. The Secretary shall record the minutes of
each meeting as a matter of public record and shall present such minutes
to the Planning and Zoning Commission for approval.
I.
Motions. Following the closing of testimony, a motion may be made
to recommend approval or denial of the proposition, to continue the
proposition to a later date if a public hearing has occurred or to
table the item. Any stipulations relative to plans, development procedures,
etc., should be listed following the motion to approve. Upon receiving
a second, the motion may be discussed and, upon the call for question
or at the discretion of the Chairperson, brought to a vote. A motion
to amend, if necessary, must be voted on first. Then the main motion
would be voted on in its amended state. Motions shall require an affirmative
vote of the majority of the necessary quorum for passage. The Chairperson
may not make or second motions, but he/she may vote on any and all
motions to come before the Commission.
J.
Abstentions. As discussed in Section 400.050, if a Commissioner has a conflict of interest, he/she must vacate his/her chair and disqualify himself from voting on the item. If after considering an item a Commissioner merely wishes to abstain from voting, his/her abstention shall be treated as a vote with the majority. If there is a tie vote, an abstention shall be considered a denial.
K.
Failure To Recommend. If there is a tie vote of the Planning Commission
on any item on which the Commission sits as a recommending body, such
as a rezoning or text amendment, such a tie vote is considered a failure
to recommend and goes to the Governing Body with no recommendation.
If the tie vote occurs on action which the Commission sits as a final
decision maker, a tie vote defeats the motion. If no subsequent motion
is made and approved after the tie vote, the request is deemed denied.
L.
Revote On Same Item. If for any reason a Commissioner wishes to revote
on an item previously considered during the current meeting agenda
and voted upon by the Planning and Zoning Commission, the Chairperson
shall call for a revote on the item.
M.
Cross Communication. Cross communication between those in attendance
of Planning and Zoning Commission meetings is prohibited. Questions
between opposing parties must be directed to the Chair. Similarly,
cross conversation among members should also be directed to the Chair.
N.
Applicant Not In Attendance. In case an applicant or his/her agent
is not in attendance when his/her item is called, the item shall be
set over to the end of the agenda. If at the time the item is called
again the applicant is still not present, the Commission may continue
the case or may approve or deny the proposition as it sees fit.
[R.O. 1994 § 400.050; Ord. No.
2007-23 Art. 6 § 1, 6-12-2007]
Conflict Of Interest. When a member of the Commission feels
he/she may have a conflict of interest on a particular case before
the Commission, he/she may so state for the record and vacate his/her chair.
A member so vacating his/her chair should not participate in the hearing
or discussion, except at the invitation of the Commission and shall
not vote on the issue. If the vacation of a member due to conflict
of interest will eliminate a quorum, then the Planning and Zoning
Commission shall continue the hearing to the next regular meeting.
