The departments, boards, and commissions described in chapter 10 are established for the purpose of implementing the provisions of the ULDC. The departments, boards, and commissions described in this chapter shall have the powers and duties described necessary to achieve the purpose.

10.01.01.

Creation. The Henry County Zoning Advisory Board (ZAB) is hereby established, and shall be referred to as the zoning advisory board.

10.01.02.

Membership.

A.

Composition.

1.

The ZAB shall be composed of seven (7) qualified members.

2.

One (1) member shall be appointed by the Henry County Board of Commissioners (BOC) from each of the five (5) commission districts;

3.

One (1) member shall be appointed by the chairman of the BOC; and

4.

One (1) member shall be appointed by the city council of Hampton.

B.

Term of office.

1.

The term of each member appointed pursuant to subsection 10.01.02.B. above shall expire upon the earlier of:

a.

Two (2) years from the date of appointment;

b.

The date upon which the term of the member of the BOC from such member's commission district, in office at the time of the member's appointment, expires; or

c.

The date upon which the member of the BOC from such member's commission district, in office at the time of the member's appointment, vacates or resigns the position as member of the BOC.

2.

The term of the member appointed pursuant to subsection 10.01.02.C. above shall expire upon the earlier of:

a.

Two (2) years from the date of appointment;

b.

The date upon which the term of the chairman of the BOC, in office at the time of the member's appointment, expires; or

c.

The date upon which the chairman of the BOC, in office at the time of the member's appointment, vacates or resigns the position as a member of the BOC.

3.

All other members shall be appointed for a term of two (2) years. Each appointing entity shall have the authority to fill any vacancy occurring in its designated appointment. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office.

C.

Removal/reappointment.

1.

Any member appointed pursuant to subsection 10.01.02.A.2. above may be removed, with or without cause, by the BOC at any time. The BOC may, with or without cause, refuse to reappoint any member of the ZAB at the expiration of the term of office. A member may be reappointed only upon majority approval of the BOC.

2.

The member appointed pursuant to subsection 10.01.02.A.3. above may be removed, with or without cause, by the chairman of the BOC at any time. The chairman of the BOC may, with or without cause, refuse to reappoint any member of the ZAB at the expiration of the term of office. The member may be reappointed only upon majority approval of the BOC.

3.

Reserved.

4.

The member appointed pursuant to subsection 10.01.02.A.4. above may be removed, with or without cause, by the city council of Hampton at any time. The city council of Hampton may, with or without cause, refuse to reappoint any member of the ZAB at the expiration of the term of office. A member may be reappointed only upon majority approval of the city council of Hampton.

D.

Qualifications/compensation.

1.

In order to be qualified, all members shall complete training for ZAB members and shall receive a certificate of completion from an agency or organization competent to train appointed planning officials within one (1) year of appointment.

2.

Each member shall be compensated in a manner prescribed by the BOC. No member shall be covered by Henry County's group health insurance.

E.

Conduct.

1.

No member may:

a.

Make defamatory, slanderous, or discriminatory remarks toward or about any other board member, employee of Henry County, applicant or applicant's representatives, or audience member during the course of public hearings or meetings, workshop sessions, and official duties;

b.

Use profanity in any public hearing or meeting, nor generally in interaction with any of those persons listed in subparagraph a. above;

c.

Directly or indirectly threaten, harass, or intimidate any of those persons listed in subparagraph a. above;

d.

Violate any rules of procedure or supplemental rules of conduct established through ordinance or resolution by the BOC.

10.01.03.

Quorum.

A.

Four (4) members shall constitute a quorum for the transaction of business. All rules, policies, and procedures governing the ZAB shall be hereinafter governed by this requirement.

10.01.04.

Officers.

A.

The ZAB shall elect one (1) of its appointive members as chairman. The chairman shall serve for one (1) year or until he is reelected or his successor is elected.

B.

A second appointive member shall be elected as vice chairman, and he shall serve for one (1) year or until he is reelected or his successor is elected.

C.

The ZAB shall appoint a secretary, who may be an officer or an employee of the governing authority or of the ZAB.

10.01.05.

Meetings.

A.

The ZAB shall meet once each month at a date and time established by the ZAB. This requirement can be reduced at the discretion of the ZAB due to unforeseen circumstances.

B.

Additional meetings shall be called, according to the procedures in Robert's Rules of Order.

10.01.06.

Rules and operating procedures.

A.

The ZAB shall follow any by-laws and rules for the transaction of business adopted by the BOC. Any conduct of business or meetings not specified by rule of the ZAB shall be according to Robert's Rules of Order.

B.

The ZAB shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

C.

The chairman shall have no voting privileges except as provided in subsections 10.01.06.D., and E.

D.

In the event a zoning matter is within the chairman's appointed district, the chairman shall vote and the vice chair shall serve as chairman for that zoning action. The vice chair shall have no voting privileges on said zoning action.

E.

The chairman shall only vote in the event of a tie.

10.01.07.

Duties and responsibilities.

A.

It shall be the function and duty of the ZAB to make careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare plans for physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, and the general welfare as well as efficiency and economy in the development of the county.

B.

It shall be the duty of the ZAB to make a master plan or comprehensive plan of its political jurisdiction and to update it from time to time. Such master plan may show, among other things: existing and proposed streets, highways, expressways, bridges, tunnels, viaducts, and approaches thereto; routes of railroads and transit lines; terminals, ports, airports; parks, playgrounds, forests, reservations, and other public open spaces; sites for public buildings and structures; districts for residence, business, industry, recreation, agriculture, forestry; special districts for other purposes; limited development districts for purposes of conservation, water supply, sanitation, drainage, protection against floods, and the like; areas for housing developments, slum clearance, and urban renewal and redevelopment; location of public utilities whether publicly or privately owned including, but not limited to, sewerage and water-supply systems; zoning districts, and other planning features, together with time and priority schedules and cost estimates for the accomplishment of the proposals. The master plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other useful data. Such plan may be added to, and changed from time to time, by a majority vote of the ZAB. It shall be a public record, but its purpose and effect shall be solely to aid the ZAB in the performance of its duties. Such plan shall be recommended to the BOC for adoption.

C.

In particular, the ZAB shall have the power and duty to:

1.

Prepare and recommend for adoption to the appropriate governing authority or authorities a zoning ordinance or resolution and map for the county. The zoning ordinance may be contained within a unified land development code.

2.

In exercising the powers granted to it by this section, the ZAB shall prepare and recommend to the BOC for adoption regulations governing the subdivision of land within the county. Such regulations may provide for the harmonious development of the county; for the coordination of streets within subdivisions with other existing or planned streets for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, and general welfare. Such regulations may include requirements as to how streets shall be graded, surfaced, and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the plat. The BOC may adopt and amend such land subdivision regulations according to the procedures set forth in chapter 12.

3.

Prepare and recommend for adoption to the appropriate governing authority or authorities regulations for the subdivisions of land within the county and to administer the regulations that may be adopted. The subdivision regulations may be contained within a unified land development code.

4.

Prepare and recommend for adoption to the BOC a plat or plats or a future infrastructure map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces, or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within the county or a specified portion thereof. These regulations may be contained within a unified land development code.

5.

The ZAB may make, publish, and distribute maps, plans, reports, and recommendations relating to the comprehensive plan and development of the county to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. It may recommend to the BOC programs for public improvements and the financing thereof.

D.

All public officials shall, upon request, furnish to the ZAB, within a reasonable time, such available information as it may require for its work.

E.

The ZAB, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon; provided, however, that Henry County shall be liable for any injury or damage to property resulting therefrom.

F.

The BOC may refer any matter to the ZAB for study, review and recommendation before the BOC takes final action on the matter.

(Ord. No. 10-01, 1-5-10; Ord. No. 16-07, 11-1-16)

For the purpose of reviewing the location of manufactured homes or mobile homes, as contemplated in sections 4.01.07 and 12.02.08 of this ULDC, a compatibility standards review committee is established.

A.

The committee shall consist of the county zoning administrator, the county building official, and the county tax assessor or their designees.

B.

A quorum shall consist of any two (2) of the three (3) members, and the decision of any two (2) of the three (3) members shall be binding on the committee and this county.

C.

The committee shall adhere to the provisions of the ULDC with regard to the appearance and location of manufactured homes and mobile homes.

The architectural review committee shall consist of the planning and zoning department, the building department and the development plan review department.