City of Billings, MO
Christian County
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Table of Contents
Table of Contents
[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]
A. 
A quorum for the Planning and Zoning Commission shall consist of a majority of the Commission membership, excluding vacant seats. A quorum is necessary for the Commission to take official action.
B. 
All actions of the Planning and Zoning Commission shall be taken upon the request of any member.
[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.
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 in accordance with Subsection (C) or has been allowed to withdraw in accordance with Subsection (D).
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.