The Clayton County Zoning Administrator, including his/her designee(s), will have the principal responsibility for administration and enforcing and/or coordination of the enforcement of this ordinance. The duties of the Zoning Administrator or his/her designee shall include, but not be limited to:

A.

Maintaining permanent and current records documenting the application of this Ordinance including, but not limited to, all maps, amendments, conditional uses, variances, and appeals.

B.

Conducting inspections of structures and properties to determine compliance with the requirements of this Ordinance and all approvals granted by the Board of Commissioners, Zoning Advisory Group, Board of Zoning Appeals, and Community Development Department;

C.

Receiving, processing and referring to the Board of Commissioners all zoning amendment applications, comprehensive land amendments, and conditional uses;

D.

Receiving, processing, and referring to the Zoning Advisory Group all zoning amendment applications, comprehensive land amendments, and conditional uses, for recommendation to the Board of Commissioners;

E.

Receiving, processing, and referring to the Board of Zoning Appeals all administrative appeals, variances, and other matters upon which it is authorized to act under this ordinance and Georgia State Code;

F.

Receiving, processing, and referring all site development plans, preliminary plats and keeping permanent records of applications made and actions taken by the Technical Review Committee; and

G.

Provide all such clerical and technical assistance as may be required by the Zoning Advisory Group, Board of Zoning Appeals, Board of Commissioners, or other body in the execution of its duties as established by this ordinance and Georgia State Code.

A.

Committee Intent: The Clayton County Technical Review Committee (also referred to as "Committee") is responsible for providing technical review of certain types of petitions and applications. To ensure consistency with applicable adopted standards of Clayton County, the Technical Review Committee shall provide for efficiency in the approval process of petitions determined by the Zoning Advisory Group and the Board of Commissioners by providing an initial examination and report based on all applicable adopted requirements of Clayton County.

1.

Approval Authority: The Technical Review Committee shall have the authority to approve Site Development Plans as defined by Article 8 of this Ordinance.

2.

Review Authority: The Technical Review Committee shall have the authority to review the following types of petitions, forwarding comments to the Clayton County Zoning Advisory Group and/or Board of Commissioners:

a.

Conditional Use Permits;

b.

Zoning Map Amendment Petitions (re-zonings);

c.

Planned Unit Development Concept Plans;

d.

Planned Unit Detailed Development Plans; and

e.

Site Development Plans (if necessary).

3.

Approval Authority: The Technical Review Committee shall have the authority to review and approve or deny the following types of petitions:

a.

Site Development Plans; and

b.

Construction Plans.

4.

Appeal Rights: All decisions of the Technical Review Committee may be appealed to the Board of Zoning Appeals following the procedure outlined in Article 13, Administrative Appeals.

B.

Committee Structure: The Community Development staff shall also serve as the staff for the Technical Review Committee. They shall distribute all appropriate materials and keep all necessary files and meeting records. The Technical Review Committee shall be as described below:

1.

The Technical Review Committee shall, at a minimum, consist of the following members:

a.

The Zoning Administrator and other staff of the Department of Community Development as determined by the Community Development Director;

b.

A staff member of the Department of Transportation and Development;

c.

A staff member of the Fire Department; and

d.

Any additional members as identified by the Department of Community Development and approved per resolution by the Board of Commissioners.

2.

Members of the Technical Review Committee and/or their designees shall be present at the time of the scheduled Committee meeting and submit written comments regarding each specific petition to the Zoning Administrator prior to the appropriate meeting.

a.

Each Technical Review Committee member shall only comment on the aspects of each application that directly relate to their area of expertise regarding the applicable adopted standards of Clayton County.

b.

If no comments are to be addressed from any member of the Technical Review Committee, they shall indicate that they have no objection to any aspect of the application via letter or memorandum, and therefore grant their individual approval.

c.

The Zoning Administrator shall have an unanimous decision of approval by the Technical Review Committee members to determine the action to be taken on each application by the Committee.

3.

All applications which are not approved by the Technical Review Committee and not forwarded to the Zoning Advisory Group shall be tabled and placed on the agenda for the next appropriate Technical Review Committee meeting.

a.

Prior to that meeting, the applicant shall address the comments of the Technical Review Committee, making appropriate modifications to the application materials.

b.

The applicant shall provide appropriate copies of the revised materials prior to the next Technical Review Committee meeting based on the adopted calendar of meeting and filing dates.

c.

The applicant must rectify all comments and receive approval from the Technical Review Committee within one hundred eighty (180) calendar days from the date of the first tabling by the Committee. Any applications which are not approved within this time period may be denied by the Technical Review Committee. If the application is re-filed, it shall be considered a new application and shall be subject to all applicable requirements for new applications established by this Ordinance.

d.

The applicant may withdraw any petition following the review of the Technical Review Committee by submitting a notice of such withdrawal in writing to the Zoning Administrator. Any applications which are withdrawn and are subsequently re-filed shall be considered a new application and shall be subject to all applicable requirements for new applications established by this Ordinance.

C.

Attendance Required: Either the applicant or a representative of the applicant shall be required to attend all Technical Review Committee meetings at which their application shall be reviewed. If neither the applicant nor their representative is present, the application shall automatically be tabled and placed on the agenda for the next appropriate Technical Review Committee meeting.

D.

Meeting Record: The Zoning Administrator shall make written documentation of the comments and findings of the Technical Review Committee for each application and make those findings available to the applicant within three (3) business days of the Technical Review Committee's review. The written documentation shall consist of the following:

1.

A letter to the petitioner stating the action taken by the Technical Review Committee; and

2.

A list of any outstanding comments made by the members of the Technical Review Committee, including references to appropriate sections of adopted, applicable requirements of Clayton County, the State of Georgia, and/or the Federal government.

E.

Decision criteria: In all cases, the Technical Review Committee shall only consider the applicable adopted requirements of this Ordinance, any adopted Clayton County engineering standards, any adopted standards of the Clayton County Water Authority, any adopted standards of the Clayton County Department of Transportation and Development, any adopted standards of the Clayton County Board of Health, and any other adopted and applicable standards of Clayton County, the State of Georgia, and/or the Federal government.

1.

In all cases in which the Technical Review Committee has approval authority and an application conforms to the applicable standards, that application shall be approved.

2.

In no case shall any applicant be required to make any modifications to any application based solely on the opinions or other undocumented and adopted standards of any member of the Technical Review Committee. This shall not be interpreted as prohibiting any committee member from providing comments which express their professional opinions regarding an application being forwarded to the Zoning Advisory Group.

F.

Appeal Procedure: Any applicant or interested party may appeal the decision of the Technical Review Committee to the Board of Zoning Appeals. Applicants seeking relief from specific development standards or other requirements of the Zoning Ordinance which are unrelated to the Technical Review Committee's interpretation of the applicable requirements shall be required to obtain variance approval from the Board of Zoning Appeals.

1.

The appealing party shall be required to provide the Zoning Administrator with written notice of the appeal within thirty (30) calendar days of the date of the Technical Review Committee decision.

2.

The Zoning Administrator shall place the appeal on the agenda for the next appropriate Board of Zoning Appeals meeting consistent with the adopted calendar of meeting and filing dates.

3.

Public notice for the meeting shall be required, consistent with the provisions of this Ordinance.

4.

The Board of Zoning Appeals shall consider the provisions of this Ordinance all findings from the Technical Review Committee, and any other documented, applicable standards in deciding the appeal.