[Ord. No. 777 §26-16, 3-23-1994; Ord. No. 1054 §1, 11-9-2006]
A.
There
shall be a Planning and Zoning Commission consisting of: the Mayor,
if the Mayor chooses to be a member; one (1) Alderman, if the Alderman
chooses to be a member, who shall be designated by the Board of Aldermen;
plus five (5) citizens of the City at large who shall be known as
citizen members.
B.
Citizen
members of the Planning and Zoning Commission shall be appointed by
the Mayor with the approval of the Board of Aldermen for a term of
four (4) years and until their successors are appointed and qualified.
Any vacancy in the citizen membership shall be made by appointment,
as aforesaid, at the time such vacancy occurs for the duration of
the unexpired term.
C.
All
citizen members shall be qualified legal voters and taxpayers of the
City and they shall hold no other office or position in the City administration;
they shall serve with the following compensation of thirty dollars
($30.00) each meeting attended for the Chairman, twenty dollars ($20.00)
each meeting attended for each citizen member. Compensation will be
paid to such members by the city no later than December thirty-first
(31st) of each calendar year.
D.
The
Board of Aldermen may remove from office any citizen member for cause
stated in writing after a public hearing.
[Ord. No. 777 §26-17, 3-23-1994]
A.
The
Planning and Zoning 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.
B.
The
Planning and Zoning Commission shall conduct its meetings so as to
obtain necessary information and to promote the full and free exchange
of ideas and evidence.
C.
Minutes
shall be kept of all Commission proceedings.
D.
All
Planning and Zoning Commissions meetings shall be open to the public
and, wherever possible, the agenda for each meeting shall be made
available in advance of the meeting.
[Ord. No. 777 §26-18, 3-23-1994]
Annually, at its first (1st) meeting in January, the Planning
and Zoning Commission shall elect from its citizen members a Chairman,
Vice Chairman and Secretary and shall adopt rules and regulations
as it may determine necessary for the transaction of business. Officers
shall be eligible for re-election.
[Ord. No. 777 §26-19, 3-23-1994]
[Ord. No. 777 §26-20, 3-23-1994]
A.
The
Planning and Zoning Commission may adopt rules and regulations governing
the procedures and operations of the Commission, not inconsistent
with the provisions of this Chapter.
B.
The
Planning and Zoning Commission may:
1.
Conduct studies and recommend to the Board of Aldermen plans, goals
and objectives relating to the growth, development and redevelopment
of the City.
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.
Prepare and recommend to the Board of Aldermen regulations governing
the subdivision of land within the City including, among other things,
requirements for the coordinated development of the City. Other recommendations
may be made for the coordination of streets within subdivisions with
other existing or planned streets or with other features of the City
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., and shall not conflict with
this Chapter or any other ordinance of the City.
4.
Make recommendations regarding the approval or disapproval of plats
for land subdivision.
5.
Make recommendations to the Board of Aldermen concerning conditional
use permits, special use permits and proposed Zoning Map changes.
6.
Hold public hearings on rezoning applications and amendments to the
land development regulations and make recommendations to the Board
of Aldermen regarding the approval or disapproval of rezoning applications
or amendments to the land development regulations.
C.
The
Planning and Zoning Commission may request the Board of Aldermen to
appoint or employ such employees or staff necessary for its work,
but the expenditures of the Commission shall be within the amounts
appropriated for the purpose by the Board of Aldermen.
D.
The
Planning and Zoning Commission shall 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. 777 §26-21, 3-23-1994; Ord. No. 1054 §1, 11-9-2006]
A.
The
Board of Adjustment for the City of Billings shall consist of five
(5) members, all of whom shall be residents appointed by the Mayor
and approved by a majority of the Board of Aldermen. Compensation
for the Chairman of the Board of Adjustment, the sum of thirty dollars
($30.00) for each meeting attended, for all other members of the Board
of Adjustment, the sum of twenty dollars ($20.00) for each meeting
attended. Compensation shall be paid to such members by the City no
later than December thirty-first (31st) of each calendar year.
B.
Members
of the first (1st) appointed Board of Adjustment shall serve as follows:
one (1) member for one (1) year, one (1) member for two (2) years,
one (1) member for three (3) years, one (1) member for four (4) years
and one (1) member for five (5) years. Thereafter, members shall be
appointed for terms of five (5) years each. Three (3) alternate members
may be appointed to serve in the absence or disqualification of the
regular Board members.
C.
All
members and alternates may be removed for cause by the Board of Aldermen
upon written charges and after a public hearing. Vacancies shall be
filled for the unexpired term of any member whose position becomes
vacant.
D.
The
Board of Adjustment shall adopt rules of procedure in accordance with
the provisions of Sections 89.010 to 89.170, RSMo.
[Ord. No. 777 §26-22, 3-23-1994]
A.
Meetings
of the Board of Adjustment shall be held at the call of the Chairperson
and at such other times as the Board of Adjustment may determine.
Meetings shall be held frequently enough so that applications and
appeals may be processed expeditiously.
B.
Meetings shall be conducted in accordance with the quasi-judicial procedures as set forth in Article XIV.
C.
All
meetings of the Board of Adjustment shall be open to the public and,
where feasible, the agenda for each meeting be made available to the
public in advance of the meeting.
D.
The
Board of Adjustment shall keep minutes of its proceedings, showing
the vote to each member upon 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.
[Ord. No. 777 §26-23, 3-23-1994]
A quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership, excluding vacant seats. A quorum is necessary for the Board to take official action. A member who has withdrawn from the proceedings without an excuse, as provided for in Section 400.190, shall be counted as present for purposes of determining a quorum.
[Ord. No. 777 §26-24, 3-23-1994]
A.
The
concurring vote of four-fifths (4/5) of the regular Board membership
(excluding vacant seats) shall be necessary to reverse any order,
requirement, decision or determination of the Board of Aldermen or
to decide in favor of the applicant on any matter upon which it is
required to pass including to grant any variance. All other actions
of the Board shall be taken by a majority vote.
C.
A member
may be excused from voting on an issue by majority vote of the remaining
members present under the following conditions:
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.
D.
A member
may be allowed to withdraw from the remainder of a meeting by majority
vote of the remaining members present for any good reason other than
a desire to avoid voting on matters to be considered at the meeting.
[Ord. No. 777 §26-25, 3-23-1994]
A.
The
Board of Adjustment shall hear and decide:
1.
Appeals from any order, decision, requirement or interpretation made
by any administrative official of the City.
2.
Applications for variances.
3.
Questions involving interpretations of the Zoning Map, including
disputed district boundary lines and lot lines.
4.
Any other matter the Board is required to act upon by any other City
ordinance.
