AN ORDINANCE ACTING UNDER THE AUTHORITY GRANTED BY SECTIONS 89.300 THROUGH 89.491, RSMO, PROVIDING FOR THE ESTABLISHMENT OF A CITY PLANNING AND ZONING COMMISSION AND PROVIDING FOR ITS POWERS AND DUTIES FOR THE CITY OF RICH HILL, MISSOURI
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WHEREAS, pursuant Section 89.300 through 89.491 of the Revised Statutes of Missouri, the City of Rich Hill, Missouri is authorized to create a City Planning and Zoning Commission; and
WHEREAS, the duties of the commission are to prepare and recommend to the Mayor and Board of Aldermen a plan for physical development; regulations governing the subdivision, and zoning plan or ordinances; to make recommendations to the Board on approval or disapproval of plats, and to submit to the Mayor and Board of Aldermen a list of recommended public improvements; and
WHEREAS, the City of Rich Hill Mayor and Board of Aldermen desire to create a City Planning and Zoning Commission.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF CITY OF RICH HILL, MISSOURI AS FOLLOWS:
SECTION 1. The City Planning and Zoning Commission is hereby created as follows:
PLANNING AND ZONING COMMISSION
Section 1. Established; composition.
The city planning and zoning commission is hereby established, which shall consist not more than seven (7) members, including:
- The Mayor;
- A member of the Board of Aldermen; and;
- Five (5) other citizen members, all of whom shall be residents of the city, who shall represent, insofar as is feasible, different professions, interests, or occupations in the city and who shall be appointed on a nonpartisan basis by the Mayor with the consent and approval of the majority of the Board of Aldermen.
State Law reference— Planning and zoning commission membership, RSMo 89.320.
Section 2. Appointment, term, removal of members; filling vacancies.
The term of each of the five (5) appointed citizen members of the city planning and zoning commission shall be four (4) years.
- The term of the Board of Aldermen member shall be for two (2) years, but all members shall hold office until their successors are appointed and qualify.
- Any citizen member may, after a public hearing before the Board of Aldermen, be removed by the Board of Aldermen by a three-fourths vote for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause stated in writing.
- Vacancies on the planning and zoning commission occurring other than through the expiration of term shall be filled for the unexpired term in the same manner as original appointments are made.
- The member from the Board of Aldermen shall be appointed during the month of April in each odd-numbered year.
State Law reference— Terms of members of planning and zoning commission and removal of members, RSMo 89.320.
Section 3. Compensation of members; holding other municipal office.
All members of the city planning and zoning commission shall serve as such without compensation and shall hold no other municipal office except as set forth in Section 1.
State Law reference— Compensation of planning and zoning commission, RSMo 89.320.
Section 4. Officers; meetings; rules; records.
The city planning and zoning commission shall elect its chairman and secretary from among its citizen members and create and fill such other of its offices as it may determine. The terms of the chairman and secretary shall be one (1) year with eligibility for reelection. The planning and zoning commission shall hold meetings as needed. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
State Law reference— Similar provisions, RSMo 89.330.
Section 5. Chairman may administer oaths; issuance and service of process.
The chairman of the planning and zoning commission shall have power to administer an oath to any person concerning any matter submitted to the commission, or coming within the powers and duties of the commission. The planning and zoning commission may issue process to compel the attendance of persons before it and shall have the power to subpoena books, records and papers, which process shall be served the same as process is issued out of the police court.
Section 6. Employees and staff; contracts for professional services.
The planning and zoning 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 shall be within the amounts appropriated in accordance with Section 8.
State Law reference— Similar provisions, RSMo 89.330.
Section 7. Authority and duty as to municipal plan; planning beyond city limits.
- The planning and zoning commission is hereby authorized to make, adopt, amend, extend, and carry out a municipal plan as authorized by RSMo 89.300—89.491.
- It shall be a function and duty of the planning and zoning commission to make and adopt plans for the physical development of the city, including any areas outside of its boundaries but within its statutory authority which, in the commission’s judgment, bear relation to the planning of the city.
Section 8. Appropriations, other funding.
The Board of Aldermen shall provide the funds, equipment, and accommodations necessary for the work of the city planning and zoning commission, but the expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Board of Aldermen and no expenditures, nor agreements for expenditures, shall be valid or legal in excess of such amount. The planning and zoning commission shall have the authority to accept and receive donations of cash, property, gifts, bequests, and grants and may use such nonappropriated assets as the commission shall deem beneficial and advantageous to the city.
State Law reference— Similar provisions, RSMo 89.330.
Section 9. Consultations with public officials, civic bodies, and citizens; delegation of authority.
The planning and zoning commission from time to time shall recommend to the appropriate officials programs for public structures, annexations, and improvements and for the financing thereof. It shall be the duty of the planning and zoning commission to further consult and advise with the public officials and agencies, civic organizations, public utility companies, educational, professional, and other organizations, and with citizens, with relation to the promulgation and carrying out of the city plan. The planning and zoning commission shall have the power to delegate authority to any of the above-named groups to conduct studies and make surveys for the commission if it deems expedient.
State Law reference— Similar provisions, RSMo 89.370.
Section 10. Legal liability of members.
The duties of the planning and zoning commission as set out in this Code are hereby declared to be functions of the city government, and the city shall be responsible for the lawful acts of the planning and zoning commission and does hereby absolve the members of the commission from all personal liability for acts lawfully done in their capacity as members of the commission.
Section 11. Functions of commission.
The commission shall have and perform all of the functions of the zoning commission provided for in sections 89.010 to 89.250.
State Law reference— Similar provisions, RSMo 89.390.
SECTION 2. The first appointed citizen members shall be appointed as follows: Two members shall have a term of four years, two members shall have a term of two years, and one member will have a term of one year. Each member shall be reappointed for a four-year term.
SECTION 3. This ordinance shall be in force and affect from and after its passage and approval as provided by law.
1ST READING ON THIS THE 14TH DAY OF APRIL 2021
2ND READING ON THIS THE 14TH DAY OF APRIL 2021
THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 14TH OF APRIL, 2021.
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Jason Rich, Mayor
ATTEST:
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Casey Crews, City Clerk
Ayes: Robb, Humble, Kassner, Tourtillott
Nays: None