(A)   Establishment: The planning commission of the city of Spring Valley shall consist of members appointed by the mayor of the city of Spring Valley and approved by the Spring Valley city council. The Spring Valley board of zoning appeals shall consist of members appointed by the mayor and approved by the Spring Valley city council. The planning commission and board of zoning appeals previously appointed by the Spring Valley city council prior to the adoption of this title shall be deemed to be reappointed and shall be directed to act under the terms of this title.

   (B)   Membership:

      1.   The planning commission shall consist of seven (7) members appointed by the mayor and confirmed by the city council.

      2.   The board of zoning appeals shall consist of seven (7) members appointed by the mayor and confirmed by the city council, two (2) members of which must also be members of the planning commission.

      3.   Planning commission members and board of zoning appeal members shall serve staggered three (3) year terms.

      4.   The chairman of the planning commission and the chairman of the board of zoning appeals shall be designated by the mayor.

      5.   Vacancies will be filled for an unexpired term in the same manner as appointments for a full term.

   (C)   Meetings And Rules:

      1.   The commission/board must organize and adopt rules of procedure for its own government according to the provisions of this title.

      2.   Meetings will be held at the call of the chairman and at other times that the commission/board determines, and must be open to the public.

      3.   Minutes of the proceedings and a record of all actions must be kept by the acting secretary of either the board of zoning appeals or the planning commission, showing the vote of each member upon each question, the reasons for the commission's determination, and its finding of facts. These records will be filed in the office of the city clerk and are a public record. The city attorney shall act as acting secretary for all meetings of the planning commission and board of zoning appeals.

      4.   Decisions on all matters before the planning commission and board of zoning appeals require a majority vote of a quorum of commission/board members.

   (D)   Plan Commission Powers And Duties: The plan commission has the following powers and duties:

      1.   To hear and make recommendations regarding applications for text amendments, zoning map amendments, multi-family design review, special uses, preliminary plats, final plats and planned developments, according to the requirements of this title;

      2.   To request assistance from other city officers, departments, commissions and boards;

      3.   The chairman may administer oaths and compel the attendance of witnesses; and

      4.   Along with the city council, to develop and update the comprehensive plan to provide planning policies to guide future land use and zoning decisions and to provide the basis for approval of all development under this title.

   (E)   Board Of Zoning Appeals Powers And Duties: The board of zoning appeals has the following powers and duties:

      1.   To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator, subject to a party appealing the decision of the board of zoning appeals to the Spring Valley city council and a final decision on any appeal of the Spring Valley city council;

      2.   To hear and make recommendations to the Spring Valley city council regarding variations from the requirements of this land development code, subject to the standards set out in this title.

      3.   To request assistance from other city officers, departments, commissions and boards; and

      4.   The chairman may administer oaths and compel the attendance of witnesses.

(Ord. 1379, 6-9-2008; amd. Ord. 1746, 4-22-2019)

   (A)   Designation: The zoning administrator is designated by the city council.

   (B)   Powers And Duties: The zoning administrator has the following powers and duties:

      1.   To have the initial responsibility and authority for the interpretation and enforcement of this title and all other applicable ordinances, regulations and codes;

      2.   To enter and inspect any premises, as needed, in the performance of these duties;

      3.   To attend all meetings of the planning commission and board of zoning appeals, if requested, for the purpose of providing technical assistance when requested by the commission/board;

      4.   To review and issue building permits, sign permits, letters of occupancy;

      5.   To hear and decide applications for interpretations of the use classifications, land development regulations of this title, and zoning district boundaries; and

      6.   To serve as a member of and call meetings of the Plan Commission as needed.

(Ord. 1379, 6-9-2008; amd. Ord. 1746, 4-22-2019)

The city council has the following powers and duties, in addition to those established by other chapters of this code:

   (A)   Along with the plan commission, the city council must develop and update the comprehensive plan to provide planning policies to guide future land use and zoning decisions and to provide the basis for approval of all development under this title;

   (B)   To designate the zoning administrator;

   (C)   To confirm members of the plan commission and board of zoning appeals;

   (D)   To publish a revised zoning map according to subsection 14-1-8(B) of this title;

   (E)   To give final approval for freestanding wireless communication facilities;

   (F)   To approve and accept subdivision improvements;

   (G)   To give final approval for preliminary and final plats;

   (H)   To propose and give final approval of text amendments to this chapter according to section 14-11-2 of this title;

   (I)   To propose and give final approval of amendments of the zoning map according to section 14-11-3 of this title;

   (J)   To give final approval for special uses and planned developments;

   (K)   To propose and give final approval to any requests for variation from the requirements of this land development code;

   (L)   To give final approval on applications for multi-family design review;

   (M)   To hear and grant variations from the floodplain protection standards; and

   (N)   To give final approval for any other actions as required in this title. (Ord. 1379, 6-9-2008)