This Article sets out the structure for administering and enforcing this Development Code, including the creation, powers, and duties of the Planning Commission, and the responsibilities and procedures of the Chief Building Official in carrying out enforcement activities.

From time to time, the City Commission and the County Board of Commissioners may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this Development Code, and may adopt schedules of dates, times, and places appropriate and necessary to regulate the application, review, and hearing processes required by this Development Code, as applicable within each jurisdiction.

The Rome-Floyd-County Planning Commission is hereby created and established as authorized by Article IX, Section II, of the 1983 State Constitution. The planning commission shall be organized and empowered as set out in this article.

a.

The planning commission shall consist of ten voting members, none of whom is a member of either City Commission or the County Board of Commissioners, and two nonvoting ex officio members, one of whom shall be a member of the City Commission, appointed by that body, and the other shall be a member of the County Board of Commissioners, appointed by that body. Five of the voting members shall be appointed by the City Commission, and five of the voting members shall be appointed by the County Board of Commissioners.

b.

The members shall serve five-year staggered terms and until their successors are appointed as provided for in this section.

c.

Any vacancy in membership shall be filled for the unexpired term by the governing body that originally appointed that member. The appointing body shall also have the authority to remove its appointed member for cause, on written charges, after a public hearing. All members shall serve without compensation but may be reimbursed for actual expenses incurred in connection with their official duties.

a.

The planning commission shall elect its chair, first vice-chair, and second vice-chair from among its appointed members. The term of the officers shall be one year, or until they are re-elected or their successors are elected. The planning commission shall appoint a secretary who may be an officer or employee of the city, the county, or the planning commission. The planning commission shall determine its time of meetings and shall make its own rules of procedure, including any rule providing for termination of membership by reason of nonattendance at meetings. All meetings of the planning commission at which official action is taken shall be open to the public, and all records of the planning commission shall be of public record.

b.

The planning commission may appoint such employees and staff as it may deem necessary for such work and may cooperate with, contract with, or accept funds from federal, state, or local, public or semipublic agencies or private individuals or corporations; may expend such funds. And may carry out such cooperative undertakings and contracts. The expenditures of the planning commission, exclusive of gifts and contract receipts, shall be within the amounts appropriated for the purpose by the governing bodies of the city and the county.

a.

The Planning Commission may adopt such by-laws, rules, or procedures as appropriate and not in conflict with this Development Code.

b.

The Planning Commission shall meet each month in accordance with its schedule of meeting dates, times, and places. Other meetings of the Planning Commission shall be held at the call of the Chairman if there is business to be brought before it, or at such other times as the Planning Commission may determine. All meetings of the Planning Commission shall be open to the public.

c.

All Planning Commission members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record.

d.

A majority of the entire Planning Commission shall constitute a quorum.

e.

The Director of Planning shall serve as secretary to the Planning Commission. The secretary shall cause minutes of its proceeding to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of its examinations and other official actions to be kept, all of which shall be of public record.

f.

The results of each Planning Commission meeting as to their actions and recommendations shall be forwarded by the Director of Planning to the City Commission or County Board of Commissioners, as appropriate, and posted in a public place at the Planning Department's office.

a.

The Planning Commission shall have the duty and responsibility to conduct a public hearing on each application for rezoning or special use approval, to review the application in accordance with the standards and procedures set for elsewhere in this Development Code, and make such recommendations to the City Commission or the County Board of Commissioners as it deems appropriate on each application.

b.

The Planning Commission shall also have the duty and responsibility to conduct a public hearing on any proposed amendment to the text of this Development Code, to review such proposed amendment in accordance with the standards and procedures set forth elsewhere in this Development Code, and to make such recommendation to the City Commission or the County Board of Commissioners as it deems necessary.

c.

The Planning Commission shall also have the authority to initiate on its own motion a zoning change, or an amendment to the text of this Development Code when, in its determination, such changes are appropriate for consideration.

d.

The Planning Commission shall also have the authority and responsibility to review the provisions of the City's Comprehensive Plan from time to time, and to make such recommendations to the City or County as it deems appropriate.

e.

The Planning Commission shall also have such other powers, duties, or responsibilities as assigned to it by the City Commission or the County Board of Commissioners

a.

A Board of Adjustments for the City of Rome and for Floyd County is hereby created. The Board of Adjustments shall consist of seven (7) members, who shall be residents of the jurisdiction they serve.

b.

Each Governing Body shall appoint three (3) members. The seventh member will be alternately appointed by the City or County Commissions with each successive term beginning with the County. Each member shall serve for terms of three (3) years. The Board of Adjustments shall elect a Chairperson and Vice-Chairperson.

c.

A member of the Board of Adjustments may be appointed to successive terms, and shall continue to serve if their term expires until a successor is appointed.

d.

A member may be removed from the Board Adjustments by a majority vote of the Governing Body for cause, for absenteeism at three successive called meetings, or for other reasons, the Governing Body may deem appropriate upon written charges and after public hearing.

e.

A chairperson shall be appointed every other one year in alternate terms by the City and then by the County, such that each jurisdiction has its respective appointment in the Chairperson's position every other one year.

f.

When a position becomes vacant before the end of a term, the Governing Body shall appoint a new member for the duration of the term remaining consistent with the original appointment.

a.

Each Board of Adjustments shall elect a Vice-Chairperson from its members, who shall serve for one year or until re-elected or until their successor is elected. The Vice-Chairperson shall preside at meetings in the absence of the Chairperson.

b.

The Vice-Chairperson shall be from among those appointments of the jurisdiction opposite the Chairperson's appointment and may be expected to succeed the Chairperson for the full term appointment as Chair.

c.

The Chairperson or, in their absence, the Vice-Chairperson or other member designated to conduct an official meeting, may administer oaths and compel the attendance of witnesses.

d.

Each Board of Adjustments may adopt such bylaws, rules, or procedures as appropriate and not in conflict with this Development Code.

e.

Each Board of Adjustments shall meet each month in accordance with its schedule of meeting dates, times, and places. Other meetings of the Board of Adjustments shall be held at the call of the Chairman if there is business to be brought before it, or at such other times as the Board of Adjustments may determine. All meetings of the Board of Adjustments shall be open to the public.

f.

All Board of Adjustments members attending a meeting shall vote on each matter placed before it. A member may abstain from voting only in the instance of a conflict of interest, the nature of which must be stated for the record.

g.

A majority of the entire Board of Adjustments shall constitute a quorum. The affirmative vote of at least three (3) members of the Board of Adjustments shall be necessary to approve any decision or recommendation.

h.

The Director of Planning shall serve as secretary to the Board of Adjustments. The secretary shall cause minutes of its proceedings to be kept, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall cause records of its examinations and other official actions to be kept, all of which shall be of public record.

i.

The results of each Board of Adjustments meeting as to their actions and determinations shall be posted in a public place at the Planning Department's office.

a.

Each Board of Appeals and Adjustments shall have the duty and responsibility to conduct a public hearing and to make a final decision in accordance with the procedures and provisions of this Development Code on each application for an appeal from an administrative decision, a special exception, a hardship variance, a flood protection variance, or an interpretation.

b.

Each Board of Adjustments shall also have such other powers, duties, or responsibilities as assigned to it by the Governing Body.

c.

In exercising its powers regarding an appeal of an administrative decision, the Board of Adjustments may, in conformity with the provisions of this Development Code, reverse or affirm, wholly or partly, or may modify the order requirements, decisions, or determination of the administrative official, and to that end shall have the power to direct issuance of a permit.

a.

The Chief Building Inspector shall have the power to conduct such investigations as he may reasonably deem necessary to assure or compel compliance with the requirements and provisions of this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection.

b.

No person shall refuse entry or access to any authorized representative or agent of the City, the County, the Georgia Soil and Water Conservation Commission, the Coosa River Soil and Water Conservation District, or the Georgia Environmental Protection Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties.

a.

Periodic Inspections.

The Chief Building Inspector will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the erosion and sedimentation control plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved erosion and sediment control plan, with development permit conditions, or with the provisions of this Development Code, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Development Code.

b.

Stop-Work Orders.

Upon notice from the Chief Building Inspector, work on any project that is being done contrary to the provisions of this Development Code or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where in the opinion of the Chief Building Inspector an emergency exists, no written notice shall be required.

a.

Inspection.

If the Chief Building Inspector finds that a provision of this Development Code relating to the use of occupancy of land or buildings, or relating to the site design standards of this Development Code, or relating to a condition of approval established in connection with a grant of variance of zoning change is being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the Chief Building Inspector shall have the authority to issue citations before a court of competent jurisdiction.

b.

Cease and Desist Orders.

The Chief Building Inspector shall order discontinuance of illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this Development Code.

a.

Failure to obtain a development permit for land disturbing activity.

If any person commences any land-disturbing activity requiring a development permit as prescribed in this Development Code without first obtaining said development permit, the person is subject to revocation of his business license, work permit, or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of both the City and the County.

b.

Bond Forfeiture.

If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved erosion control and sediment control plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Development Code and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of this Development Code. The Public Works Director may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

c.

Fine or Imprisonment.

Any person violating any provisions of an approved erosion and sediment control plan, development permit authorization, or stop-work order shall, upon conviction by a court of competent jurisdiction, be fined not more than $1,000.00 or imprisoned for not more than six (6) months, or both, or sentenced to community service, and in addition, shall pay all costs and expenses involved in the case. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation.

a.

Violation of any provision of this Development Code relating to the use of land or applicable site design standards, including violation of conditions of approval established in connection with grants of variance or zoning changes, or any other provisions of this Code, shall constitute a misdemeanor.

b.

Any person found guilty of violating such land use provisions or site design standards of this Development Code shall, upon conviction by a court of competent jurisdiction, be fined not more than $1,000.00 or imprisoned for not more than six (6) months, or both, or sentenced to community service, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense

c.

Additional Remedies.

Nothing contained in this section shall prevent the City or County, as appropriate, from taking such other lawful actions as are necessary to prevent or remedy any violation, such as injunction, mandamus, or other appropriate action.