[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]
A.
There
is herewith created a Planning Commission consisting of seven (7)
members appointed by the Mayor with the approval of the City Council.
B.
Membership. The following shall be the membership of the
City Planning and Zoning Commission:
1.
There shall be seven (7) members, including:
a.
The Mayor of the City of Trenton, Missouri, if the Mayor chooses
to be a member.
b.
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.
c.
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.
2.
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]
A.
The
City Planning Commission shall have the powers authorized pursuant
to Chapters 89.320 through 89.470, RSMo., inclusive, including the
following:
1.
Organizing itself, maintaining records and minutes of its proceedings,
preparing and recommending a City plan covering physical development
within the City.
2.
Make reports and recommendations to the City Council relating to
the plan for the development of the municipality and the periodic
updates thereof.
3.
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.
4.
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.
5.
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.
6.
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]
A.
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:
1.
Failure to attend one-third (1/3) of the regularly scheduled Commission
meetings in any twelve (12) month period.
2.
Failure of the member to attend three (3) consecutive regular Commission
meetings.
3.
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]
A.
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.
B.
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]
A.
The
Board of Adjustment shall have the following powers:
1.
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;
2.
To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
3.
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.
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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
or to effect any variation in such ordinance.
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[R.O. 2011 §400.115; Ord. No. 01-10 §1(3.14), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
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.
B.
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.
C.
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]
A.
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:
1.
Provide necessary forms and applications;
2.
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;
3.
Issue certificates of compliance;
4.
Issue any permits authorized by the City Council or Board of Adjustment;
5.
Identify and record information relative to non-conforming uses and
structures;
6.
Provide assistance in zoning changes and amendments to the ordinance
text or map;
7.
Maintain files of applications, permits and other relevant documents;
8.
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]
A.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
