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HomeMy WebLinkAboutZC.BYLAWS ADOPTED 9-15-09BY-LAWS OF THE BOZEMAN ZONING COMMISSION (September 15, 2009) ARTICLE I – CREATION The Bozeman Zoning Commission was created. Title 76, Chapter 2, Part 3, M.C.A and the City’s self-government authority. ARTICLE II – OBJECTIVES The objectives of the Bozeman Zoning Commission, hereinafter referred to as the Commission, are to assist the Bozeman City Commission in improving and protecting the health, safety, morals or the general welfare of the community. Regulations made to carry out these objectives shall be made in accordance with the Bozeman Area Master Plan, and requirements of the City Code. Regulations shall be designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional zoning area of the City of Bozeman. ARTICLE III – POWERS AND DUTIES The City of Bozeman Zoning Commission shall have such powers and duties as are provided in Title 76, Chapter 2, Part 3 Montana Code Annotated, , and Title 18 of the Bozeman Municipal Code. The Commission is an advisory board to the Board of Bozeman City Commissioners. The Commission, in that advisory capacity, may divide the municipality into zoning districts of such number, shape, and area as may be deemed best suited to carry out the purposes of state law. Within such districts it may regulate the erection, construction, re-construction, alteration, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The Planning Staff shall make a preliminary report and the Commission shall hold public meetings thereon before submitting its final recommendations to the City Commission for resolution of questions relating to the above regulations. The Commission shall recommend the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard before the City Commission of the City of Bozeman. ARTICLE IV – OFFICE OF AGENCY A. Selection The Zoning Commission shall consist of five members appointed by the Mayor with concurrence of the City Commission. 1. One member of the Zoning Commission shall hold concurrent office as a member of the Bozeman City Planning Board. 2. One member of the Zoning Commission shall hold concurrent office as a member of the Board of Adjustment of the City. 3. Three members shall be selected at large. 4. All members must be residents of the City of Bozeman. B. Terms of Members Members of the Commission shall be appointed to serve a two-year staggered term. Commission members serving on the Bozeman City Planning Board and Board of Adjustment shall be coincidental and concurrent with the Zoning Commission appointment. C. Resignations and Vacancies 1. Resignations from the Commission shall be in written form to the Chairman who will then notify the governing body. 2. Vacancies occurring on the Commission shall be filled within sixty (60) days of the unexpired portion of the term by the Mayor with City Commission approval. 3. Vacancies occurring on the Commission at the end of a term shall be filled within sixty (60) days by the Mayor with City Commission approval. D. Removal from Office 1. Any appointee may be removed from office with a majority vote of the City Commission. 2. Three unauthorized consecutive absences from Commission meetings shall be grounds for removal as a member of the Commission. Such removal will be by action of the City Commission upon recommendation by the Zoning Commission. Absences shall be authorized by the Chairperson or Vice-Chairperson. ARTICLE VI – OFFICERS AND THEIR DUTIES A. The Commission shall elect from is members a Chairperson and Vice-Chairperson at its first regular meeting of each year. B. The Chairperson shall preside at all meetings and hearings of the Commission and shall have the duties normally conferred by parliamentary usage on such officers, call special meetings, and generally perform other duties as may be prescribed in these By-Laws or by Commission action. The Chairperson shall have the privilege of discussing all matters before the Commission. Voting privileges of the Chairperson are allowed only in the event s/he wishes to break a tie-vote or to create a tie-vote. C. The Vice-Chairperson shall have the authority to act as Chairperson in his/her absence or disability. D. In the event of the absence of the Chairperson and Vice-Chairperson, the members of the Commission shall select an acting Chairperson. ARTICLE VII – MEETINGS A. Regular Meetings The Commission shall fix the time for holding regular monthly meetings. B. Special Meetings Special meetings of the Commission may be called by the Chairperson or by two members upon written request to the Planning Director. The Director shall inform all members, at least two days in advance, of notice of the special meeting. C. Quorum A majority of members shall constitute a quorum. D. Open Meetings and Documents All meetings, committee meetings, and documents of the Commission shall be open to the public. Those portions of meetings or documents which contain matters that clearly infringe on an individual’s right of personal privacy shall be kept confidential unless the individual involved requests, in writing, an open meeting or release of documents. Closure to the public shall be determined by a recorded vote of the Commission. The Planning Director, Zoning Administrator, and Commission Chairperson may decide to close meetings or withhold documents which, in their judgment, clearly infringes on an individual’s privacy. E. Rules of Order Meetings of the Commission shall be conducted according to Robert’s Rules or Order, unless otherwise specified in these By-Laws. A member of the City Staff or the Commission shall be designated by the Commission Chairperson to serve as parliamentarian to the Commission. No action of the Commission is official, however, unless authorized by a majority of members present at a regular or properly called special meeting. F. Conflict of Interest A member of the Commission, who has a financial interest in an item under consideration by the Commission, or owns property within the required mail notification area of any case before the Commission, shall declare that he has a conflict of interest and shall not participate in the vote taken on the item. In the event of such disqualification, such fact shall be entered into the Minutes of the meeting. In the event that a Commission member is representing a party with a proposal before the Commission or one of its committees, that member shall not participate in the consideration of or vote taken on the item. That member may participate as part of the public in attendance in providing information to the Commission on that item. ARTICLE VIII – ORDER OF BUSINESS A. Unless otherwise determined by the Chairperson, the order of business at regular meetings shall be: 1. Call to order 2. Approval of Minutes of previous meetings and action thereon 3. Old business/public hearings 4. New business/public hearings 5. Special committee reports 6. Communications 7. Adjournment B. A motion from the Commission must be made and passed in order to dispense with any item on the Agenda or change the order of business. C. No special committee reports or communications submitted for action by the Commission shall be acted upon unless it is submitted five (5) days prior to a regular meeting date. New business may be introduced without five (5) day’s notice for the purpose of Commission action at a future meeting or referral to a committee or staff for study or consideration. Provisions of this section may be waived by the unanimous vote of the members present. ARTICLE IX – HEARINGS A. Public hearings in addition to the regular hearings may be scheduled when the Commission decides that such hearings will be in the public interest. B. Notice At least fifteen (15) days prior to the date set for hearing the Commission shall publish in a newspaper of general circulation in the City’s jurisdictional zoning area a notice of the subject, time and place of the hearing. Notification of adjacent property owners shall be observed in conformance with the Bozeman Municipal Code. C. Procedures for Public Hearings 1. The Chairperson of the Commission shall preside at the public hearings. 2. A secretary shall take the Minutes, or the proceedings shall be recorded by a sound recording devise, at each hearing before the Commission. Proceedings of the hearings shall be incorporated into the Minute book of the Commission to become a permanent part of that record. 3. The Chairperson shall describe the method of conduct of the hearing. The hearing shall be conducted only for the purpose of taking testimony to be considered in the deliberations of the regular meetings of the Commission. 4. A summary of the question of issue shall be stated by the Chairperson at the opening of the hearing. Comments will be limited to the subject advertised for hearing. 5. It shall be made clear at the hearing that all questions and comments must be directed through the Chair only after being properly recognized by the Chairperson. 6. All persons recognized shall give their name and address, and if applicable, the name of the person, firm, or organization they represent. 7. Copies of prepared statements shall be given to the secretary and the Chairperson and shall become a part of the record. 8. If the public hearing is for a re-zoning the owner or the owner’s representative must be in attendance. Failure to comply will result in postponement of the hearing. 9. The order of presentation after introduction of an item by the Chairperson will be: 1. Consent calendar procedure 2. Presentation of Staff Report 3. Questions by Commission members 4. Comments by the applicant 5. Comments by interested citizens 6. Additional comments by the applicant as appropriate 7. Additional comments by Staff, if necessary 10. The Chairperson shall ask if all who wish to speak have spoken. If there is none, the public testimony will be closed and the matter will return to the Commission for discussion and action. 11. The Chairperson shall assure an orderly hearing and shall reserve the right to terminate the hearing in the event the discussion becomes unruly or unmanageable. ARTICLE X – COMMITTEES Special committees may be appointed by the Chairperson for the purposes and terms which the Commission approves. A. Committee Reports In referring items to committee, the Chairperson shall stipulate a deadline for the report back to the Commission. Committee reports shall be returned in written form reflecting a majority and minority opinion, if such exists. Copies of the committee report shall be submitted to the Chairperson and shall become a part of the permanent records of the Commission. B. Committee Organization Committee members shall elect a Chairperson at the first meeting of the committee and will report to the Commission at the next regular meeting. Vacancies on committees shall be filled immediately by the Chairperson of the Commission. C. Staff Attendance The Planning Director or his/her designate shall attend committee meetings and participate in discussion, presenting alternatives and factual information relevant to the issue under consideration. ARTICLE XI – LEGAL ASSISTANCE Legal assistance shall be provided to the Commission by the City Attorney ARTICLE IXX – AMENDMENTS By-Law amendments may be introduced in writing by any member of the Commission at a regular meeting. Action by the majority of the Commission on the amendments may be taken on second reading at any meeting properly called subsequent to the introduction of the amendment. By-Laws and amendments thereto require ratification by the City Commission. Entered September 15, 2009