Sullivan City Zoning Code
ARTICLE III
Administrative Mechanisms
Section 400.105 Appointment and Terms of Planning and Zoning Commission Members.
[Ord. No. 2974 §1(Art. 3 §21), 11-2-2004]
The Planning and Zoning Commission, previously established by the Board of Aldermen, pursuant to Sections 89.070 and 89.310 through 89.320, RSMo., does and shall consist of not less than seven (7) nor more than fifteen (15) members, including the Mayor (if the Mayor chooses to be a member), a member of Board of Aldermen selected by the Aldermen (if the Board of Aldermen chooses to have a member serve on the Commission) and not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Aldermen. All citizen members shall serve without compensation. The term of each appointed member shall be 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. Vacancies may be filled for the unexpired term only. The term of the other members shall be for the duration of their tenure of their official positions. Appointed members may be reappointed to successive terms without limitation. (Section 89.320, RSMo.)
Section 400.110 Meetings of the Planning and Zoning Commission.
[Ord. No. 2974 §1(Art. 3 §22), 11-2-2004]
A.
The Planning and Zoning Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 400.310 (Applications to be Processed Expeditiously).
B.
Since the Commission has decision-making authority, it shall conduct its meetings in accordance with the procedures in Articles IV, V and VI.
C.
Minutes shall be kept of all proceedings.
D.
All meetings shall be open to the public and the agenda shall be made available in advance of the meeting.
Section 400.115 Quorum and Voting.
[Ord. No. 2974 §1(Art. 3 §23), 11-2-2004]
A.
A quorum for the Planning and Zoning Commission shall consist of a majority of the membership (excluding vacant seats). A quorum is necessary for the Commission to take official action.
B.
All actions of the Commission shall be taken by majority vote, a quorum being present.
C.
A roll call vote shall be taken upon the request of any member.
Section 400.120 Planning and Zoning Commission Officers.
[Ord. No. 2974 §1(Art. 3 §24), 11-2-2004]
A.
The Commission shall elect its Chairman and other officers annually and shall have authority to employ such assistants and technical advisors as it considers necessary within the limits of its budget appropriations. (Section 89.330, RSMo.)
B.
The officers may take part in all deliberations and vote on all issues.
Section 400.125 Powers and Duties of the Planning and Zoning Commission.
[Ord. No. 2974 §1(Art. 3 §25), 11-2-2004]
A.
The Planning and Zoning Commission shall have the following powers and duties:
1.
To prepare and submit to the Board of Aldermen for its approval a master plan for the physical development of the City and recommend amendments of said plan from time to time as it deems in the City's best interest; (Section 89.360, RSMo.)
2.
To prepare, adopt and recommend to the Board of Aldermen for enactment as to the location, height, width and bulk of buildings and other structures and land as it shall determine to be necessary or desirable for the promotion of the health, safety and general welfare of the inhabitants of the City;
3.
To consider all requests for conditional use permits and subdivision approval in the manner prescribed herein;
4.
To make recommendations to the Board of Aldermen on its own initiative or upon the request of the Board of Aldermen to amend, supplement, change or repeal these regulations or any part thereof;
5.
To initiate from time to time a comprehensive review of the provisions of these regulations and to make written reports of its findings and recommendations to the Board of Aldermen. The Planning and Zoning Commission shall present a written annual report to the Board of Aldermen. This annual report shall contain any recommendations of the Planning and Zoning Commission concerning these regulations as well as a summary of its activities during the past year and its recommendations on the City's development goals for the future.
B.
The Planning and Zoning Commission may adopt rules governing its procedures and operations not inconsistent with the provisions of these regulations. (Section 89.330, RSMo.)
Section 400.130 Advisory Committees.
[Ord. No. 2974 §1(Art. 3 §26), 11-2-2004]
A.
From time to time, the Board of Aldermen may appoint one (1) or more individuals to help the Planning and Zoning Commission carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the Board of Aldermen may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc.
B.
Members of such advisory committees shall sit as non-voting members of the Planning and Zoning Commission when such issues are being considered and lend their talents, energies and expertise to the Commission. However, all formal recommendations to the Board of Aldermen shall be made by the Planning and Zoning Commission.
C.
Nothing in this Section shall prevent the Board of Aldermen from establishing independent advisory groups, committees or commissions to make recommendations on any issue directly to the Board of Aldermen.
Section 400.135 Appointment and Terms of Board of Adjustment Members.
[Ord. No. 2974 §1(Art. 3 §29), 11-2-2004]
A.
A Board of Adjustment (the "Board") has previously been established pursuant to Section 89.080, RSMo. The Board membership shall consist of five (5) regular members and two (2) alternates. Members shall be residents from incorporated Sullivan. (Section 89.080, RSMo.)
B.
The membership of the first (1st) Board appointed shall serve respectively: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years and two (2) for four (4) years. Thereafter, members shall be appointed for terms of five (5) years each. Two (2) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Members shall be removable and vacancies shall be filled in accordance with Section 89.080, RSMo.
C.
Members may be reappointed to successive terms without limitation.
D.
Members may be removed by the Board of Aldermen at any time for failure to attend three (3) consecutive meetings or for failure to attend thirty percent (30%) of the meetings within any twelve (12) month period or any other good cause related to performance of duties.
E.
If a member moves outside the municipality, that shall constitute a resignation from the Board.
F.
After the effective date of these regulations, no member of the Board of Adjustment shall also be a member of the Planning and Zoning Commission.
G.
Alternates, when seated in absence of regular member, shall have the same powers and duties as the regular member they replace.
Section 400.140 Meetings of the Board of Adjustment.
[Ord. No. 2974 §1(Art. 3 §30), 11-2-2004]
A.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section 400.310 (Applications to be Processed Expeditiously).
B.
The Board shall conduct its meetings in accordance with the procedures set forth in Articles IV, V and VI.
C.
All meetings of the Board shall be open to the public and the agenda for shall be made available in advance of the meeting.
Section 400.145 Quorum.
[Ord. No. 2974 §1(Art. 3 §31), 11-2-2004]
A.
A quorum for the Board shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership. A quorum is necessary for the Board to take official action.
B.
A member who has withdrawn from the meeting without being excused as provided in Section 400.150 shall be counted present for purposes of determining whether a quorum is present.
Section 400.150 Voting.
[Ord. No. 2974 §1(Art. 3 §32), 11-2-2004]
A.
All actions of the Board shall be taken by a concurring vote of four-fifths (4/5) of the regular Board membership, shall be necessary to reverse any order, requirement, decision or determination of the Administrator or to decide in favor of the applicant any matter upon which it is required to pass or to grant any variance.
B.
Once a member is physically present at a Board meeting, any subsequent failure 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 from the meeting in accordance with Subsection (D).
C.
A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:
1.
If the member has a direct financial interest in the outcome of the matter at issue; or
2.
If the matter at issue involves the member's own official conduct; or
3.
If participation in the matter might violate the letter or spirit of a member's code or professional responsibility; or
4.
If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.
D.
A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.
E.
A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.
F.
A roll call vote shall be taken upon the request of any member.
Section 400.155 Board of Adjustment Officers.
[Ord. No. 2974 §1(Art. 3 §33), 11-2-2004]
A.
At its first (1st) regularly scheduled meeting in May, the Board shall by majority vote of its membership (excluding vacant seats) elect one (1) of its members to serve as Chairman and preside over the Board's meetings and one (1) member to serve as Vice Chairman. The persons so designated shall serve in these capacities for terms of one (1) year. Vacancies may be filled for the unexpired terms only by majority vote of the Board membership (excluding vacant seats). (Section 89.080, RSMo.)
B.
The Chairman or any member temporarily acting as Chairman may administer oaths to witnesses coming before the Board.
C.
The Chairman and Vice Chairman may take part in all deliberations and vote on all issues.
Section 400.160 Powers and Duties of the Board of Adjustment.
[Ord. No. 2974 §1(Art. 3 §34), 11-2-2004]
A.
The Board shall hear and decide:
1.
Appeals from any order, decision, requirement or interpretation made by the Administrator as provided for in Section 400.395. (Section 89.090(1), RSMo.)
2.
Applications for variances as provided in Section 400.393. (Section 89.090(3), RSMo.)
3.
Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines, as provided in Section 400.405.
4.
Any other matter the board is required to act upon by any other City regulation or State law. (Section 89.090(2), RSMo.)
B.
The board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of these regulations. (Section 89.080, RSMo.)
Section 400.165 Land Use Administrator.
[Ord. No. 2974 §1(Art. 3 §37), 11-2-2004]
Except as otherwise specifically provided, primary responsibility administering and enforcing these regulations may be assigned by the City Administrator to one (1) or more individuals. The person or persons to whom these functions are assigned shall be referred to in these regulations as the "Land Use Administrator" or "Administrator". The term "staff" or "planning staff" is sometimes used interchangeably with the term "Administrator".
Section 400.180 The Board of Aldermen.
[Ord. No. 2974 §1(Art. 3 §40), 11-2-2004]
A.
In considering proposed changes to the text of these regulations or in the Zoning Map, the Board of Aldermen acts in its legislative capacity and must proceed in accordance with the requirements of Article XX.
B.
Unless otherwise specifically provided in these regulations, in considering amendments to these regulations or the Zoning Map, the Board of Aldermen shall follow the regular, voting and other requirements as set forth in other provisions of City Codes or general law.