The purpose of this is to define the delegation of authority and responsibilities for review of development applications.

(Ord. 395 §3, 2016)

   The table in §9-3-10 summarizes the development application procedures in the Development Code and identifies the bodies that have review and decision-making responsibilities for each procedure. See Article 3 for details on each procedure.

(Ord. 395 §3, 2016)

   In addition to other authority granted by charter, ordinance, or state law, the Board of Trustees shall have the following functions and duties related to the Development Code:

   (a)   Application review and decision making authority as defined in Article 2;

   (b)   Decisions on annexations of land into the City;

   (c)   Negotiation and approval of development agreements; and

   (d)   The exclusive authority to render a final decision which may be subject to any legal challenge, whether directly or by an appeal of a decision by the City Manager, Planning and Zoning Commission, or Board of Adjustment, on all land use and development application decisions pursuant to this Development Code.

(Ord. 395 §3, 2016)

   (a)   Establishment and purpose. The purposes of the Planning and Zoning Commission (PZC) are amended as follows:

      (1)   To implement the goals and policies of the Creede Comprehensive Plan;

      (2)   To guide and accomplish a coordinated, adjusted, and harmonious development of the municipality and its environs, that will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, quality of life, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters, and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements;

      (3)   To promote health and general welfare; to provide adequate light and air, and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements;

      (4)   To preserve the natural beauty of the City's site and setting; to prevent indiscriminate clearing of property, removal of trees, and earthmoving; and to attain the objectives set out in the Development Code.

   (b)   Duties. The PZC shall have the following functions and duties:

      (1)   Review development applications, amendments to the Creede Comprehensive Plan and amendments to this Development Code, provide recommendations to the Board of Trustees, and render decisions as such authority is indicated in this Article;

      (2)   Upon request and direction by the Board of Trustees, make and recommend plans for the physical development of the City, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof;

      (3)   Upon request and direction of the Board of Trustees, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the City of Creede, and provide comments and recommendations thereon to the Board of Trustees; and

      (4)   Review and make recommendations to the Board of Trustees about the code text amendments that address types of uses, parking standards, streetscapes or other similar items.

   (c)   Membership. The PZC shall be composed of not less than five (5) or more than seven (7) members appointed by the Board of Trustees. All members of such Commission shall be registered electors of the municipality and, if any member ceases to reside in such municipality, his or her membership on the Commission shall automatically terminate.

   (d)   Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date.

   (e)   Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC may be removed by the Board of Trustees pursuant to § 9-2-40(j), Removal from Office.

   (f)   Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Board of Trustees, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns or is convicted of a felony. In the event a vacancy occurs, the Board of Trustees shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member.

   (g)   Removal from office. A member of the PZC may be removed for misconduct, conduct unbecoming of a City official, violation of the state code of ethics, inefficiency or with unexcused absence from three consecutive regularly scheduled meetings. Prior to removal, the Board of Trustees shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing.

   (h)   Officers. The PZC shall select its own Chairperson and Vice Chairperson from among its members. The Chair or, in the absence of the Chair, the Vice Chair, shall be the presiding officer of its meeting. In the absence of both the Chair and the Vice Chair from a meeting, the members present shall appoint a member to serve as acting Chair at the meeting.

   (i)   Compensation. All members of the PZC shall serve without compensation for their Planning and Zoning Commission services.

   (j)   Staff. The City Manager or City Clerk shall serve as the staff of the PZC and shall provide the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC.

   (k)   Rules and regulations. The PZC shall operate in accordance with its own rules of procedure; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Board of Trustees, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the City Clerk and maintained in the records of the City and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations.

   (l)   Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC, and otherwise upon the call of the Chairperson, or in the absence of the Chair, by the Vice Chairperson. All meetings shall be held at the offices of the City, unless otherwise specified, with adequate notice given to all interested parties.

   (m)   Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC.

   (n)   Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting.

   (o)   Authority to retain consultants. The PZC is authorized to retain the services of one or more consultants, provided funds have been appropriated by the City for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis.

(Ord. 395 §3, 2016)

   The City Manager is authorized and directed to do the following:

   (a)   Review applications, provide recommendations and render administrative decisions as indicated in this Chapter 9;

   (b)   Establish application submittal requirements, including content and quantities of materials to be submitted;

   (c)   Render interpretations of the Development Code;

   (d)   Enforce all provisions of the Development Code, for which purpose the City Manager shall have the powers of a law enforcement officer; and

   (e)   Delegate any duty set forth in this Development Code to another official within the City when determined appropriate and efficient by the City Manager.

(Ord. 395 §3, 2016)

   (a)   Establishment. There is hereby established a Board of Adjustments (BOA). The membership of the BOA shall be composed of the Board of Trustees.

   (b)   Purpose. The BOA shall hear and decide appeals from any order, requirement, decision, or determination made by any administrative official charged with the enforcement of this Development Code. In addition, the BOA shall hear and decide all requests for a variance from the requirements of this Development Code. Such variance shall not be granted if it would be detrimental to the public good, create a conflict with the Creede Comprehensive Plan or impair the intent and purpose of this Development Code.

   (c)   Meetings. The meetings of the BOA shall be scheduled as necessary when variance applications or appeals are submitted to the City. Generally, meetings of the BOA shall be scheduled to coincide with meetings of the Board of Trustees as is convenient.

   (d)   General rules. The BOA shall follow the general rules and procedures of the Board of Trustees. The BOA may adopt specific rules which are consistent with the provisions of this Article. The Chairperson of the BOA shall be the same as the respective position with the Board of Trustees. The Chairperson may schedule meetings of the BOA. The Chairperson may administer oaths and compel the attendance of witnesses by application to the district court. The court upon proper showing, may issue subpoenas and enforce obedience by contempt proceedings. All meetings shall be open to the public. The BOA shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be a public record and immediately filed in the Creede Town Hall.

   (e)   Voting. The concurring vote of four (4) members of the Board of Adjustments shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.

(Ord. 395 §3, 2016)

   The City may request review and input of applications from other City boards, commissions, departments, other governmental agencies, and non-government agencies, as determined appropriate considering the nature of the application.

(Ord. 395 §3, 2016)