[R.O. 2004 § 420.010; Ord. No. 2.56 § 4, 1-9-2001]
A.
The purpose of the City zoning regulations
and subdivision regulations is to promote orderly growth and redevelopment
in the City of Mount Vernon and its environs. The degree to which
these regulations are effective is largely dependent upon the caliber
of implementation. The best regulations are ineffective by themselves
and perform their functions only through proper administration on
a day-to-day basis.
B.
The purpose of this procedures manual is
to set forth guidelines for the proper administration of the City
zoning regulations and subdivision regulations. Included are descriptions
of the general role of each participant, a discussion of the decisionmaking
process, a recommended code of conduct and a step-by-step outline
of the most common development requests. Through the use of the procedures
manual, the City zoning regulations and subdivision regulations will
be applied more equitably and consistently.
C.
The power to enact zoning and subdivision
regulations has been granted to Cities and Counties by the State enabling
legislation. These Statutes require the participation of three (3)
separate bodies in the process of administering the regulations: The
Planning and Zoning Commission, the Board of Zoning Adjustment and
the Governing Body.
[R.O. 2004 § 420.020; Ord. No. 2.56 § 4, 1-9-2001]
A.
Comprehensive Plan. By Missouri Statutes,
in order to implement land use regulations, the Planning and Zoning
Commission must adopt a City plan (Comprehensive Plan) for the physical
development of the municipality. Before adopting or amending the plan,
the Planning and Zoning Commission must hold a public hearing. Upon
the conclusion of the public hearing, the Planning and Zoning Commission
must prepare and adopt a recommendation to the Governing Body. The
Governing Body must approve such plan or amendments prior to adoption.
After adoption of the plan, a copy should be recorded in the office
of the County Recorder of Deeds.
B.
Zoning Regulations. The Planning and Zoning
Commission is primarily an advisory body. Under the zoning regulations,
the primary duty of the Mount Vernon Planning and Zoning Commission
is to hold a public hearing where public opinion can be expressed
regarding proposed rezoning, conditional and special use permits and
zoning regulation text amendments. In this sense, the Planning and
Zoning Commission is a sounding board for community attitudes toward
development. It is important for the Planning and Zoning Commission
to establish the facts surrounding each development issue as clearly
as possible so that decisions are not based on misinformation or conjecture.
The Commission is required to adopt a recommendation to the Governing
Body regarding rezoning of land, conditional and special use permits
and changes to the zoning regulations.
C.
Subdivision Regulations. Under the subdivision
regulations, the Planning and Zoning Commission is responsible for
approving, conditionally approving or disapproving both preliminary
and final plats. Guidelines to carry out this responsibility are provided
by the plat submission standards set out in the subdivision regulations.
D.
Board Of Zoning Adjustment. The Board of
Zoning Adjustment is primarily a quasi-judicial body rather than an
advisory or legislative one. Its role in zoning administration is
specifically limited to three (3) types of tasks:
1.
The appeal of an administrative decision
or interpretation;
2.
The granting of variances for cases
of unnecessary hardship; and
3.
Other matters referred to the Board
Adjustment.
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In the first case, the responsibility
of the Board of Zoning Adjustment is to rule on the administrative
interpretation of the zoning regulations whenever there is an ambiguous
provision or an alleged error. Variances are granted for unusual physical
constraints and the role of the Board of Zoning Adjustment is to determine
if a variance should be granted in a manner that is consistent with
the intent of the zoning regulation and fair to the applicant. The
Board of Zoning Adjustment is not involved in administering the subdivision
regulations.
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E.
Governing Body. The Governing Body consists
of the Mayor and the Board of Aldermen and has responsibility for
enacting and amending the City Comprehensive Plan and the City zoning
regulations after consideration of the recommendations of the Planning
and Zoning Commission. This responsibility includes amending the text
of the City zoning regulations, zoning district maps and the text
of the City subdivision regulations. The role of the Governing Body
in the subdivision process is to accept or reject dedications of easements,
rights-of-way and public lands; approve financial guarantees or financing
mechanisms to ensure construction of all public improvements; and
approve engineering drawings.
