Columbia Reviewers and decision-making bodies ordinance (§ 29-6.1)

This article 6 of chapter 29 identifies officers and bodies authorized to review, recommend, or make decisions regarding required applications, permits, and approvals under this chapter. Any reference to an officer or body includes any agents, employees, subordinates, or others to which the named individual or body has lawfully delegated power to take the action.

(a) City council. The city council is the governing body of the city. In connection with this Unified Development Code, the council's responsibilities include approving amendments to the city's adopted comprehensive plan, approving amendments to the text of this chapter, and approving amendments to the official zoning map, appointing the members of the commission and board, and performing any additional duties set forth in this chapter.

(b) Planning and zoning commission (P&Z).

(1) Continued existence, membership, and qualifications, attendance.

(i) The city planning and zoning commission ("commission") established prior to the effective date of this chapter shall continue in existence.

(ii) The commission shall consist of nine (9) members appointed by the council for staggered terms of four (4) years. All members shall be appointed as provided for in this article for terms beginning on the first day of June. Six (6) members of the commission shall constitute a quorum for the transaction of business.

(iii) The members of the commission shall be qualified voters, residents of the city at least one year immediately prior to the date of their appointment, and shall hold no other office or position in the city administration. Appointments to fill vacancies shall be for unexpired terms only. All members shall serve without pay.

(iv) The chair of the commission is authorized to excuse any member from attendance at a commission meeting; provided, that the member requested to be excused before the meeting. Any member who is absent, without being excused, from three (3) regular meetings in any twelve-

month period shall automatically forfeit their office. Furthermore, any member who has a combination of five (5) or more excused or unexcused absences from regular meetings within any twelve-month period shall automatically forfeit their office. It shall be the duty of the chair to promptly notify the council of the vacancy.

(2) Powers and duties. The commission shall:

(i) Prepare and submit to the council for its adoption a comprehensive plan for the physical development of the city and uses of land in the city. The plan may include the general location and character of residential, commercial, mixed use, industrial and other areas, the general location, character and extent of streets, bridges, parks, waterways and other public ways, grounds, and spaces, together with the general location of public buildings and other public property, public utilities, and redevelopment projects. The plan shall contain the commission's recommendations for the land and may include those contents outlined in RSMo § 89.340.

(ii) Make recommendations in connection with the execution and detailed interpretation of the comprehensive plan.

(iii) Act as a zoning commission, in accordance with the provisions of present or future state zoning enabling acts.

(iv) Prepare and recommend to the council rules controlling the subdivision of land.

(v) Make recommendations regarding the approval or disapproval of plats for land subdivision. All such plats shall be referred to the commission before the council takes any action. Failure of the commission to act within sixty (60) days shall be deemed a recommendation for approval.

(vi) Recommend to the council such amendments or revisions to this chapter as the commission shall deem necessary or desirable for the promotion of the health, safety, morals and general welfare of the inhabitants of the city. Such provisions may include regulations as to the location, width, height, and bulk of buildings; the size of yards, courts, and other open spaces surrounding buildings; and the use of buildings and land. The commission shall hear applications for amendments, modifications or revisions of this chapter and shall forward such applications to the council with its recommendations on the application. The recommendations of the commission shall not be binding upon the council, which may approve or disapprove the commission's findings; however, no plan or ordinance related to zoning, nor any modification, amendment or revision of such a plan or ordinance, shall be finally considered by the council unless it has been first submitted to the commission for its examination and recommendation.

(vii) Recommend from time to time any other legislation which may be desirable to further the purposes of city planning.

(viii) Make such reports to the council as it may deem proper or as required by the council.

(ix) Assume any other powers and perform any other duties as are provided for by the Charter of the city or by council action.

(x)

Adopt rules for the conduct of its business that are consistent with the purposes of the commission and the requirements of this chapter, which shall be approved by council ordinance.

(c) Board of adjustment (BOA).

(1) Continued existence, membership, and qualifications.

(i) The city board of adjustment ("board") established prior to the effective date of this chapter shall continue in existence.

(ii) The board shall consist of five (5) members who shall be residents of the city. The terms of office of the members of the board shall be for five (5) years, except that the five (5) members first appointed shall serve respectively for terms of one, two (2), three (3), four (4), and five (5) years. Thereafter all members shall be appointed by the council for terms of five (5) years each. No member shall serve more than two (2) consecutive full terms. The presence of four

(4) members shall be necessary to constitute a quorum.

(iii) Three (3) alternate members, who shall be residents of the city, shall be appointed by the council to serve in the absence of, or disqualification of, the regular members. The first three

(3) alternates appointed shall serve for terms of three (3), four (4), and five (5) years, respectively. Thereafter, all alternates shall be appointed for five-year terms.

(iv) The vacancy of any member or alternate member shall be filled by appointment of the council for the unexpired term only.

(v) All members and alternates may be removed for cause by the council, upon written charges after public hearing.

(2) Powers and duties. The board shall have the following authority and duties:

(i) Appeals. To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the administration or enforcement of this chapter, as described in section 29-6.3(f).

(ii) Variances. To hear and decide applications for variances from the terms or conditions of this chapter under section 29-6.4(d) (variances).

(iii) Other powers.

(A) Assume any other powers and perform any other duties as are provided for by the Charter, City Code, council action, or state law.

(B) The board may adopt rules for the conduct of its business that are consistent with the purposes of the board and the requirements of this chapter, which shall be approved by council ordinance.

(3) Meetings and voting.

(i) Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(ii) All meetings of the board shall be open to the public.

(iii) The board shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(iv) All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the board for that purpose and who shall receive reasonable compensation for such from the city. The reporter shall furnish to any person or persons a transcript of all or part of such proceedings upon payment to him of a fee equal to that set forth in RSMo 492.590(2).

(v) The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter before the board.

(d) Historic preservation commission. The membership, terms, powers, and duties of the historic preservation commission are listed in section 29-2.3(c)(2) as part of the historic preservation overlay district.

(e) Community development department.

(1) Continued existence and purpose.

(i) The community development department ("department") established prior to the effective date of this chapter shall continue in existence.

(ii) The purpose of the department is to plan for the present and future development and improvement of the city in all phases of its activities in coordination with other departments of the city which may have either primary or secondary roles in such planning and development. Such activities shall include, but not be limited to, traffic, transportation, playgrounds, parks, public buildings, housing, public monuments, works of art, public streets, public utilities, parking, and parking facilities.

(2) Powers and duties of department. The department shall have the following authority and duties:

(i) Advise the city manager and the council with respect to the planning affairs of the city, and shall furnish to the city manager and council at any time upon request, such information and particulars concerning planning as may be desired.

(ii) Act upon all matters referred to it by the city manager or the council and shall, if required or deemed necessary, report on those matters to the city manager or the council.

(iii) Be the advisor and consultant to the commission, and shall prepare and furnish to the commission such reports, studies, plans, surveys or other data as may be necessary in aiding and assisting the commission in the discharge of its duties.

(iv)

Be the advisor and consultant to the board, and shall prepare and furnish to the board such reports, studies, plans, surveys or other data as may be necessary in aiding and assisting the board in the discharge of its duties.

(v) Assume any other powers and perform any other duties as are provided for by the Charter, City Code or by council action.