Unless otherwise specifically stated, the director of planning and development shall be considered the administrator of this UDO and all regulations contained herein. At the discretion of the director, a designee shall have the full authority of the director to carry out these regulations.

(Ord. No. 8804, § I, 4-11-05)

The city planning and zoning commission ("commission") shall be composed of nine (9) members appointed by the mayor and approved by city council. Commission members shall be residents of the city and qualified by knowledge or experience to act in matters pertaining to the development of a plan and shall not hold any other office in the city government.

(Ord. No. 8804, § I, 4-11-05)

Members of the commission shall hold office for five (5) years except that at the time of appointment of the first commission, the terms shall be as follows: Three (3) members for a term of three (3) years; three (3) members for a term of four (4) years, and three (3) members for a term of five (5) years. Vacancies shall be filled for the remainder of any unimpaired term. Members shall not receive compensation or pay.

(Ord. No. 8804, § I, 4-11-05)

The commission shall make rules and regulations for the proper conduct of business. At the first regular meeting of the commission, a chairperson to conduct the business of the commission and a vice-chairperson to conduct its business in absence of the chairperson shall be chosen by the commission from amongst its membership. The procedure for choosing each officer and the terms of each officer shall be in accordance with the commission's approved policies and procedures. A recording secretary shall be chosen who shall be responsible for recording the proceedings of the meeting and maintaining such record on file in the office of the city clerk. The recording secretary need not be a member of the commission.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § II, 9-10-07)

Five (5) members of the commission shall constitute a quorum and no action of the commission shall be binding unless authorized by a majority of the commission at a regular meeting or any special meeting called by the chairperson. No member of the commission shall vote on an item that may materially or apparently affect the property, income, or business interest of that member, in accordance with Chapter 2, section 2-29, Code of ethics of the Liberty City Code.

(Ord. No. 8804, § I, 4-11-05)

The commission shall meet at regular monthly meetings in accordance with the commission's approved policies and procedures. The chairperson or any two (2) members of the commission may call a special meeting as needed upon notification of the commission members at least three (3) days prior to the meeting.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § III, 9-10-07)

The commission shall have the following powers and duties:

(1)

Consider applications and forward a recommendation as necessary to city council for the development, platting, and use of land;

(2)

Consider requests and forward a recommendation as necessary to city council for the adoption, amendment, or repeal of ordinances and policies relative to the development, platting and use of land;

(3)

Consider or develop and forward a recommendation as necessary to city council for plans, planning studies, or general development or planning policies of the city; and

(4)

Consider or develop and forward a recommendation as necessary for a variance relating to a development application.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9637, § I, 10-25-10)

The historic district review commission ("HDRC") shall be composed of nine (9) members appointed by the mayor and approved by city council. HDRC members shall be residents of the city and qualified by demonstrated knowledge or experience to act in matters pertaining to the preservation and development of a historic property and who shall not hold any other office in the city government.

(Ord. No. 8804, § I, 4-11-05)

Members of the HDRC shall hold office for five (5) years except that at the time of appointment of the first commission, the terms shall be as follows: Three (3) members for three (3) years, three (3) members for four (4) years, and three (3) members for five (5) years. Vacancies shall be filled for the remainder of any unimpaired term. Members shall not receive compensation or pay.

(Ord. No. 8804, § I, 4-11-05)

The HDRC shall make rules and regulations for the proper conduct of business. At the first regular meeting of the HDRC, a chairperson to conduct the business of the HDRC and a vice-chairperson to conduct such business in the absence of the chairperson shall be chosen by the HDRC from amongst its membership. The procedure for choosing each officer and the terms of each officer shall be in accordance with the HDRC approved rules and regulations. A recording secretary shall be chosen who shall be responsible for recording the proceedings of the meeting and maintaining such record on file in the office of the city clerk. The recording secretary need not be a member of the HDRC.

(Ord. No. 8804, § I, 4-11-05)

Five (5) members of the HDRC shall constitute a quorum and no action of the HDRC shall be binding unless authorized by a majority of the members present and voting at a regular meeting or any special meeting called by the chairperson where a quorum is present. No member of the commission shall vote on an item that may materially or apparently affect the property, income, or business interest of that member, in accordance with Chapter 2, section 2-29, Code of ethics of the Liberty City Code.

(Ord. No. 8804, § I, 4-11-05)

The HDRC shall hold meetings at regular times throughout the year, where the HDRC at the first meeting of each calendar year has approved a schedule of meetings. The chairperson or any two (2) members of the HDRC may call a special meeting as needed upon notification of the HDRC members at least three (3) days prior to the meeting.

(Ord. No. 8804, § I, 4-11-05)

The HDRC shall have the following powers and duties:

(1)

Identify historically and architecturally significant properties, structures and areas and recommend to the commission and city council the designation of properties or structures having special historic, community or architectural value as "landmarks" and "historic districts";

(2)

Keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation;

(3)

Nominate landmarks and historic districts to the National Register of Historic Places, and to review and comment on any National Register nominations submitted to the commission upon request of the mayor or city council;

(4)

Hold public hearings and to review applications for certificates of appropriateness;

(5)

Cause the issuance of stop work orders for any construction, alteration, removal or demolition undertaken without a certificate of appropriateness;

(6)

Develop and routinely evaluate specific design guidelines for the alteration, construction or removal of landmarks, or property and structures within historic districts;

(7)

Review and provide information and comments to all boards and commissions on any matter affecting historically and architecturally significant property, structures and areas; and

(8)

Undertake any other action or activity necessary or appropriate to effectuate its powers and duties, or for implementation of the purposes of this Article.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § IV, 9-10-07)

The HDRC shall review public improvement and land acquisition by the City of Liberty or any of its departments or agencies, where such improvements and acquisitions shall be on the site of or within two hundred (200) feet of any landmark, or within two hundred (200) feet of any boundary of a historic district. The HDRC shall review the project plan, public improvement or land acquisition to determine its effect upon the historic or architectural character of the landmark or historic district and forward a report to the city council. The report shall include recommendations for changes to the preliminary design or land acquisition that will lessen or alleviate any adverse effect upon the historic or architectural character of the landmark or historic district.

(Ord. No. 8804, § I, 4-11-05)