12.1.1. Purpose. The purpose of this section is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the following review bodies:

A.

Planning commission;

B.

Historic preservation commission; and

C.

Tree board.

12.1.2. Rules applicable to review bodies.

A.

Appointments. All members of planning commission, historic preservation commission, and tree board shall be appointed by the mayor and city council. The number of members of each body, and the qualifications of such members are specified in the provisions of this article with respect to such body. In addition, the provisions of this section shall apply to members of all review bodies.

B.

Qualifications. In considering appointees to the planning commission, historic preservation commission, and tree board, the mayor and city council may, but are not required to give consideration to persons who have demonstrated a special interest in planning and zoning or who have personal or professional experience and expertise in planning and zoning, architecture, building construction, engineering, environmental science, historic preservation, landscape architecture, arboriculture, law, or urban design.

C.

Disclosure. Applicants for appointment to the planning commission, historic preservation commission, and tree board shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board.

D.

Ethics. Members of planning commission, historic preservation commission, and tree board:

1.

Shall not participate in the consideration, discussion, deliberation, or vote on any matter in which they have a conflict of interest, or in which the applicant is a person, entity, or business to whom the member has familial or business ties or stands to benefit financially;

2.

Shall comply with all applicable ethical rules and procedures established by state law, this UDC and the by-laws and procedures of the review body in which they are a member;

3.

Shall act in a courteous, professional, and respectful manner to other board members, applicants, citizens, staff members, and other persons in conducting the business of the review body in which they are a member;

4.

Members of the planning commission, tree board, and historic preservation commission do not have the authority to summon or require any member of the public to bring any matter before the review body;

5.

Shall only act upon those petitions which are brought before them by city manager or community development director, through pathways outlined in this UDC; and

6.

Shall only serve on one review body at a time.

E.

Removal from office. The mayor and city council, by majority vote, may remove any member of any review body from office if they find that:

1.

The member has been absent for more than one-third of the held regular meetings of the review body within a 12-month period; or

2.

The member has participated in or voted on any matter coming before the review body in which the member had a conflict of interest, or in which the applicant is a person, entity, or business to whom the member has familial or business ties or stands to benefit financially; or

3.

The member is convicted of a felony or any crime involving moral turpitude while serving on the review body; or

4.

The member has misrepresented their credentials or qualifications in applying for their appointment to the body; or

5.

The member has acted in a discourteous, unprofessional, or disrespectful manner to another board member, applicant, citizen, staff member, or other person while conducting or participating in the business of the body, and has not ceased their discourteous, unprofessional, or disrespectful behavior after being requested to do so by the chair, another member of the review body, a member of mayor and city council, or any member of staff; or

6.

Appointed members serve at the will of mayor and city council and may be dismissed at any time without cause.

12.1.3. Meetings and rules of procedure. The following provisions shall be applicable to all review bodies in this UDC with the exception of mayor and city council.

A.

Meetings.

1.

Regular meetings. Regular meetings shall be held each month at a set time, date, and location as applications or other business necessitates.

2.

Special meetings. Calling of special meetings. Special meetings may be called by the chair of the review body or a majority of the members of the review body.

B.

Minutes and public records. The secretary of the review body shall keep minutes of its proceedings, recording the presence/absence of members and the vote of each member, including the chair and vice-chair.

C.

Meetings and hearings to be public. All meetings and hearings of the review body shall be open to the public.

D.

Public notice. Public notice of the review body meeting shall be provided as required for each application type as provided in section 13.2, public notice.

E.

Quorum. A quorum for the transaction of any meetings or business by a review body shall be a majority of the authorized number of members of the body as set forth in this UDC. In the absence of a quorum, a meeting shall not be called to order.

F.

Consideration of applications and other actions. A review body may take action or make a decision or other determination by majority vote of the quorum present at the meeting.

G.

Secretary. The secretary/officer of any review body shall be the community development director. The secretary shall be authorized to accept service for any appeal.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.2.1. Purpose. The purpose of this section is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the governing body, the mayor and city council of the City of Social Circle, Georgia.

12.2.2. Powers and duties.

A.

General authority. The mayor and city council shall have the powers and duties listed below, in addition to those provided elsewhere in the City Charter, Code of Ordinances, the Georgia Constitution, Georgia General Session Laws, and applicable federal and local laws.

B.

Final authority. The mayor and city council shall be responsible for final action regarding:

1.

Comprehensive plan amendments;

2.

Zoning text amendments;

3.

Zoning map amendments;

4.

Granting of special use permits;

5.

Granting of variances;

6.

Establishment of local historic district designations;

7.

Establishment of local historic property designations;

8.

Amendment to any of the actions described in this section; and

9.

Appeals.

C.

Appointments. The mayor and city council shall appoint members of review bodies, as required by this UDC.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.3.1. Establishment. The City of Social Circle Planning Commission (hereinafter the "planning commission") is hereby established.

12.3.2. Composition and term of office.

A.

Composition. The planning commission shall be composed of up to seven members, who are selected by the mayor and city council.

B.

Term of office. Each member shall serve a term of three years, and terms shall be staggered. Members shall not serve more than two consecutive terms.

12.3.3. Residence of members. Members of the planning commission shall reside within the city limits of Social Circle.

12.3.4. Powers and duties. The mayor and city council hereby create the planning commission with the following powers and duties:

A.

General authority.

1.

The planning commission shall perform duties as directed by the governing body.

2.

The planning commission may exercise additional powers as may be described elsewhere in this UDC, as applicable.

B.

Review authority. With respect to this UDC, the planning commission shall review and make recommendations to the mayor and city council regarding:

1.

Comprehensive plan amendments;

2.

Any application for text amendment, except for the following articles and sections:

a.

Section 13.13, Local historic district/local historic properties Designation;

b.

Section 3.14, Certificate of appropriateness;

c.

Section 7.3, Tree ordinance.

3.

Any application for a zoning map amendment, except for the following articles and sections:

a.

[Section] 13.13, Local historic district/local historic properties designation.

4.

Any application for a special use permit;

5.

Any application for a variance.

C.

Final authority. With respect to this UDC, the planning commission shall be an advisory board only.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.4.1. Establishment. The Historic Preservation Commission (hereinafter historic preservation commission or HPC) is hereby established in accordance with O.C.G.A. § 44-10-21 ("Georgia Historic Preservation Act"), as amended. The historic preservation commission is the review authority, as described in this section, for all local historic districts and properties in the city, as identified in on the local historic district map.

12.4.2. Composition and terms of office.

A.

Composition. The historic preservation commission shall be composed of up to five members who are selected by the mayor and council. In no event shall membership be reduced to fewer than three members. A majority of members of the historic preservation commission shall have a demonstrated special interest, experience, or education in history or architecture.

B.

Term of office. Each member shall serve a term no greater than three years, and terms shall be staggered. Members shall not serve more than two consecutive terms.

12.4.3. Residence of members. Members of the historic preservation commission shall reside within the city limits of Social Circle.

12.4.4. Powers and duties. The mayor and city council create the historic preservation commission with the following powers and duties:

A.

General authority.

1.

The historic preservation commission shall perform duties as directed by the mayor and city council and as outlined in O.C.G.A. § 44-10-21 ("Georgia Historic Preservation Act").

2.

The historic preservation commission is responsible for preparing and maintaining inventory of all properties within its jurisdiction having the potential for designation as a historic district or historic property.

3.

The historic preservation commission may seek out local, state, federal, or private funds for historic preservation and make recommendations to the mayor and city council concerning the most appropriate uses of funds acquired.

4.

The historic preservation commission shall submit to the historic preservation division of the Georgia Department of Natural Resources information on pending designations of historic districts and historic properties.

5.

Members of the historic preservation commission shall not receive compensation for their service.

B.

Review authority. With respect to this UDC, the historic preservation commission may review and make recommendation to the mayor and city council regarding:

1.

Any application for a text amendment specific to the following articles or sections:

a.

Section 13.13, Local historic district/local historic properties designation;

b.

Section 13.14, Certificate of appropriateness.

2.

Any application to designate a local historic district or to amend the boundaries of an existing local historic district;

3.

Creation of and amendments to local historic district contributing resource maps in all local historic districts and boundary adjustments to the districts.

C.

Final authority. With respect to this UDC, the historic preservation commission shall be responsible for final action regarding:

1.

Certificates of appropriateness.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.5.1. Establishment. The City of Social Circle Tree Board (hereinafter "tree board") is hereby established.

12.5.2. Composition and terms of office.

A.

Composition. The tree board shall be composed of up to five members who are selected by the mayor and council.

B.

Term of office. Each member shall serve a term of three years, and terms shall be staggered. Members shall not serve more than two consecutive terms.

12.5.3. Residence of members. Members of the tree board shall reside within the city limits of Social Circle.

12.5.4. Powers and duties. The mayor and city council create the tree board with the following powers and duties:

A.

General authority.

1.

The tree board shall perform duties as directed by the mayor and city council.

2.

The tree board may seek out local, state, federal or private funds for tree preservation or replanting, and make recommendations to the mayor and city council concerning the most appropriate uses of funds acquired.

B.

Review authority. With respect to this UDC, the tree board may review and make recommendation to the mayor and city council regarding:

1.

Any application for a text amendment specific to the following articles or sections:

a.

Section 7.3, Tree ordinance.

C.

Final authority. With respect to this UDC, the tree board shall be responsible for final action regarding:

1.

Appeals to the application of the tree ordinance in accordance with subsection 7.3.12, appeals.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.6.1. Defined. Under the direction of the city manager, the community development director shall be the head of community development department.

12.6.2. Delegation of authority. The community development director may delegate any of their authority or responsibility under this UDC by designating one or more city staff members to execute such authority.

12.6.3. Powers and duties. With respect to this UDC, the community development director shall review and make recommendations regarding the following:

A.

General authority.

1.

The community development director shall perform related duties as directed by the city manager;

2.

The community development director shall have the powers and duties listed below, in addition to those provided elsewhere in this UDC and Social Circle Municipal Code, as applicable.

B.

Review authority. With respect to this UDC, the community development director shall review and make recommendations regarding the following:

1.

Comprehensive plan amendments;

2.

Zoning text amendments;

3.

Zoning map amendments;

4.

Granting of special use permits;

5.

Granting of variances;

6.

Establishment of local historic district designations;

7.

Establishment of local historic property designations; and

8.

Other duties as specified by this UDC.

C.

Final authority. With respect to this UDC, the community development director shall be responsible for final action regarding:

1.

Section 6.2, Subdivisions;

2.

Section 13.9, Administrative variances;

3.

Other duties specified by this UDC.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.7.1. Defined. The city manager is appointed by the mayor and city council in accordance with the City Charter.

12.7.2. Delegation of authority. The city manager may delegate any of their authority or responsibility under this UDC by designating one or more city staff members to exercise such authority.

12.7.2. Powers and duties.

A.

General authority.

1.

The city manager shall perform related duties as directed by the mayor and city council.

2.

The city manger shall have the powers and duties listed below, in addition to those provided elsewhere in this UDC and Social Circle Municipal Code, as applicable.

B.

Final authority. With respect to this UDC, the city manager shall be responsible for final action regarding:

1.

Section 6.2, Subdivisions;

2.

Section 13.10, Written interpretation; and

3.

Other duties as specified in this UDC.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

12.8.1. Defined. Under the direction of the city manager, the city arborist shall be responsible for enforcing the tree ordinance of this UDC.

12.8.2. Delegation of authority. The city arborist may delegate any of their authority or responsibility under this UDC by designating one or more city staff members to exercise such authority.

12.8.3. Powers and duties. With respect to this UDC, the city arborist shall review and make recommendations regarding the following:

A.

General authority.

1.

The city arborist shall perform related duties as directed by the city manager.

2.

The city arborist shall have the powers and duties listed below, in addition to those provided elsewhere in this UDC and Social Circle Municipal Code, as applicable.

B.

Final authority. With respect to this UDC, the city arborist shall be responsible for final action regarding:

1.

Section 7.3, Tree ordinance;

2.

Section 7.4, Landscaping and open space.

3.

Other duties as specified in this UDC.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

Editor's note— Ord. No. 2023-3, § 1(Exh. A), adopted June 20, 2023, enacted provisions intended for use as section 12.7. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 12.8. In addition, to avoid duplication, subsection 12.8.2 was redesignated as subsection 12.8.3.