Sevier County Unincorporated
City Zoning Code
City Zoning Code
PLANNING COMMISSION
§ 154.030 CREATED - APPOINTMENT - TERMS.
There is an appointed volunteer commission of seven members, to be known as the County Planning Commission. Each of the seven members of the Commission shall be a resident of the county. The term of appointed members of the Commission shall be five years. A Planning Commissioner may be reappointed to additional terms by the County Council.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.031 VACANCIES - REMOVAL.
If a vacancy occurs, the Board of County Commissioners shall fill vacancies in accordance with § 154.030. For the removal of a member for nonperformance of duty or misconduct, a majority vote by the Board of County Commissioners shall be required. Vacancies of the Planning Commission, for any other reason other than expiration of terms, shall be filled for the remainder of the member’s unexpired term. Planning Commission members are expected to attend at least 75% of the scheduled meeting in a given year or be subject to removal for nonperformance of duty.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.032 CHAIRPERSON - RULES.
(A) The County Planning Commission shall elect from its members a Chairperson, whose term shall be for one year. The Planning Commission member elected as the Chairperson cannot hold the position for more than two consecutive years. The Commission may create and fill such other offices as it deems necessary.
(B) The Chairperson of the Planning Commission shall be a voting member.
(C) The Commission shall keep a record of its proceedings, which record shall be open to inspection by the public at all reasonable times and in accordance with state statute.
(D) The County Planning Commission is directed to make use of the expert advice and information which may be furnished by appropriate federal, state, county and municipal officials, departments and agencies.
(E) No meeting of the Planning Commission shall be called to order, or any business be transacted, without a quorum consisting of at least four members of the Planning Commission being present.
(F) Four members of the Commission shall constitute a quorum for the transaction of business. Any
member disqualified because of a conflict of interest shall not be considered when determining whether a quorum is constituted. Members abstaining from vote, however, shall count towards consideration of a quorum.
(G) All decisions and recommendations of the Planning Commission shall require a majority vote of a quorum.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.033 POWERS - DUTIES.
(A) The Planning Commission shall be an advisory body to the County Commission pertaining to the county’s General Plan and land management code unless designated as the land use authority.
(B) The Planning Commission shall have the following powers and duties:
(1) Prepare and recommend a General Plan and amendments to the General Plan to the Board of County Commissioners as provided in this chapter;
(2) Recommend zoning ordinances and maps, and amendments to zoning ordinances and maps, to the Board of County Commissioners as provided in this chapter;
(3) Administer provisions of this chapter;
(4) Recommend subdivision regulations and amendments to those regulations to the Board of County Commissioners as provided in this chapter;
(5) Recommend action for subdivision applications as provided in this chapter;
(6) Advise the Board of County Commissioners on matters as the Board of County Commissioners directs;
(7) Hear or decide any matters that the Board of County Commissioners designates, including the approval or denial of, or recommendations to approve or deny, conditional use permits;
(8) Exercise any other powers delegated to it by the Board of County Commissioners; and
(9) Exercise any other powers that are necessary to enable it to perform its functions.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.034 OFFICE OF ZONING ADMINISTRATOR.
The office of the Zoning Administrator was created within the county. The Board of County Commissioners shall fill the office of Zoning Administrator and shall appoint a Zoning Administrator. It is the responsibility of the Zoning Administrator to ensure all processes, procedures and other provisions of this chapter are consistently and equitably applied and to effect the general administration and enforcement of this chapter and the land management code. Add as administrative land use authority.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.035 GENERAL PLAN - METHOD OF ADOPTING.
(A) Following completion of all or part of the General Plan, the County Planning Commission shall hold a public hearing providing proper notice at least 14 days in advance of the hearing. The Planning Commission may then make recommendations and forward it to the Board of County Commissioners. The Board of County Commissioners shall then provide reasonable notice of at least 14 days for a public hearing on the proposed General Plan.
(B) Following the public hearing the Board of County Commissioners may:
(1) Adopt the proposed General Plan;
(2) Amend the General Plan and adopt or reject the General Plan, as amended; or
(3) Reject the proposed General Plan.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.036 GENERAL PLAN - METHOD OF AMENDING.
(A) The County Planning Commission may recommend amendment(s) to the plan and every ten years consider a complete revision of the current General Plan. The Planning Commission shall then hold a public hearing providing notice at least 14 days in advance of the hearing on the proposed amendment(s) to the General Plan. The amended plan will then be sent to the Board of County Commissioners who then shall provide notice at least 14 days in advance of the hearing on the proposed amendment(s) to the General Plan.
(B) Following the public hearing, the Board of County Commissioners may:
(1) Adopt the proposed amendments to the General Plan;
(2) Amend the proposed General Plan and adopt or reject the General Plan, as amended; or
(3) Reject the proposed General Plan.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.037 GENERAL PLAN - EFFECT ON PUBLIC USES.
No street, park or public right-of-way, ground, place or space, publicly owned building or structure or public utility, whether publicly or privately owned, may be constructed unless it conforms with the General Plan or it has been considered by the Planning Commission; and after receiving the advice of the Planning Commission and approval by the Board of County Commissioners for an amendment(s) to the General Plan.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.038 ZONING ORDINANCE PREPARATION.
(A) The Planning Commission shall prepare and recommend a zoning ordinance and maps to the County Commission for zoning all or part of the county.
(B) The County Commission shall then hold a public hearing on the proposed zoning ordinance and maps after reasonable notice of at least 14 days.
(C) Following the public hearing the Board of County Commissioners may:
(1) Adopt the proposed zoning ordinance;
(2) Amend the zoning ordinance and adopt or reject the zoning ordinance, as amended; or
(3) Reject the proposed zoning ordinance.
(Ord. 2024-5-3, passed 5-13-2024)