Generally. The Director is responsible for processing an application to a final decision or making a recommendation to another development review body. The Director may designate other City staff members to manage applications through the review process, to be points of contact for applicants, and shall perform such other duties as may be required in this ZLUO.
B.
Powers and Duties. The Director shall have the authority and responsibility to:
1.
Development Review. Review, make recommendations, and/or make final decisions on the development review applications denoted in Table 30-77-1, Development Review Summary;
2.
Enforcement. Enforce the provisions of this ZLUO in accordance with Division 7.2, Enforcement of ZLUO. All officials and employees of the City shall assist the Director by reporting to the Administrator new construction, reconstruction, land uses, or violations that are observed; and
3.
Administration. Prescribe such rules and forms deemed necessary for the execution of the duties to administer and enforce this ZLUO.
Sec. 30-63 Building Official
A.
Generally. The Building Official shall aid in the administration and enforcement of this ZLUO as outlined in this Section.
B.
Powers and Duties Related to this ZLUO. The Building Official shall have the authority and responsibility to review and make recommendations or final decisions on the development review applications denoted in Table 30-50-1, Development Review Summary;
C.
Powers and Duties Related to Matters Outside of this Code. In addition to the powers and duties set forth above, the Building Official shall perform duties as outlined in the remainder of the City Code.
Sec. 30-64 Development Review Committee
A.
Generally. This Section establishes a coordinated and centralized committee, known as the Development Review Committee (DRC), that is composed of City staff members who participate in development review and who may make recommendations on certain applications established in Article VI, Development Review Procedures.
B.
Powers and Duties. The DRC shall have the authority to review and make recommendations on the development review applications denoted in Table 30-77-1, Development Review Summary Table.
C.
Membership. The DRC may be composed of the following City staff members:
1.
Director. The Director shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the DRC.
2.
Other City Staff Members. In addition to the Director, the DRC shall be comprised of City staff designated by the Director, which may include, but is not limited to:
a.
Building Official;
b.
Code Enforcement Officer;
c.
City Engineer;
d.
Public Works Director;
e.
Fire Marshal; or
f.
Utilities Director.
3.
Non-City Staff Members. Other staff or representatives from various local, county, state, or federal agencies may participate in the development review process as needed based on the nature of the proposed development or application.
D.
Applicant Meeting. The applicant may meet with the DRC to receive its comments and recommendations on an application so the applicant may make any required or recommended changes, corrections, or modifications to a submittal.
Sec. 30-65 City Council
A.
Generally. The City Council is established as the governing authority in Article III, The City Council and Mayor, of the City Code of Ordinances.
B.
Powers and Duties Related to this ZLUO. The City Council shall have the authority and responsibility to:
1.
Development Review. Make final decisions on the development review applications denoted in Table 30-77-1, Development Review Summary;
2.
Appointments. Appoint members of the Planning and Zoning Commission and the Board of Adjustment; and
3.
Fee Establishment. Establish fees for development review applications and permits.
C.
Powers and Duties Related to Matters Outside of this ZLUO.In addition to the powers and duties set forth above, the City Council shall have any other authority granted to the City Council by the City' Code of Ordinances, ordinance, or state law.
Sec. 30-66 Planning and Zoning Commission
A.
Generally. This Section establishes the provisions for the Planning and Zoning Commission's membership, terms of office, and meeting procedures in accordance with and controlled by the provisions of TLGC Chapter 211.
B.
Powers and Duties Related to this ZLUO. The Planning and Zoning Commission shall have the authority and responsibility to make final decisions on the development review applications denoted in Table 30-77-1, Development Review Summary.
C.
Powers and Duties Related to Matters Outside of this ZLUO.In addition to the powers and duties set forth above, the City Council shall have any other authority granted to the Planning and Zoning Commission by the City Council, the City Code of Ordinances, ordinance, or state law.
D.
Membership and Appointment.
1.
Appointment. The Planning and Zoning Commission shall consist of five members, each to be appointed by the Mayor subject to the approval of the City Council.
2.
Alternate Members. Two alternate members may be appointed in the same manner and for the same terms as regular members. Alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor.
3.
Selection of Officers.At the first meeting after the appointment of members of the Planning and Zoning Commission for a new term, the members shall elect one of the members as the chairperson and one of the members as the vice-chairperson. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers of the chairman.
E.
Terms, Vacancies, and Removal.
1.
Terms. Members shall be appointed for terms of two years.
2.
Vacancies. Vacancies shall be filled by the same procedures for original appointment and shall be for the unexpired term of the position vacated.
3.
Removal. The Mayor, subject to the approval of the City Council, may remove a Commission member for any cause on a written charge after a public hearing.
F.
Meetings and Procedures.
1.
Frequency. The Planning and Zoning Commission shall meet at least once each month unless there are no items to decide upon.
2.
Open to the Public. All meetings of the Planning and Zoning Commission shall be open to the public and held in conformance with TLGC Chapter 552.
3.
Rules of Procedures. The Planning and Zoning Commission may adopt rules to govern its proceedings, provided that such rules shall be consistent with this ZLUO and state law.
4.
Recordkeeping. The Planning and Zoning Commission shall keep action minutes of its proceedings that indicate the vote of each member on each agenda item and keep records of its examinations and other official actions. The action minutes and records shall be filed immediately with the City Secretary and shall be a public record.
G.
Quorum and Voting. A quorum shall consist of a majority of the entire membership of the Commission, and any issue to be voted on shall be resolved by a majority of those members present. The Chairperson shall be entitled to vote upon any question but shall have no veto power.
Sec. 30-67 Board of Adjustment
A.
Generally. This Section establishes the Board of Adjustment (BOA) including provisions for membership, terms of office, and meeting procedures in accordance with and controlled by the provisions of TLGC Chapter 211.
B.
Powers and Duties Related to this ZLUO. The BOA is a quasi-judicial board and shall have the authority to make final decisions on the development review applications denoted in Table 30-77, Development Review Summary.
C.
Powers and Duties Related to Matters Outside of this ZLUO.In addition to the powers and duties set forth above, the BOA shall have any other authority granted by the City Council, the City Code of Ordinances, ordinance, or state law.
D.
Membership and Appointment.
1.
Appointment. The BOA shall consist of five members, each to be appointed by the Mayor subject to the approval of the City Council.
2.
Alternate Members. Two alternate members may be appointed in the same manner and for the same terms as regular members. Alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor.
3.
Selection of Officers.At the first meeting after the appointment of members of the BOA for a new term, the members shall elect one of the members as the chairperson and one of the members as the vice-chairperson. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers of the chairman.
E.
Terms, Vacancies, and Removal.
1.
Terms. Members shall be appointed for terms of two years.
2.
Vacancies. Vacancies shall be filled by the same procedures for original appointment and shall be for the unexpired term of the position vacated.
3.
Removal. The Mayor, subject to the approval of the City Council, may remove a board member for any cause on a written charge after a public hearing
F.
Meetings and Procedures.
1.
Frequency. The BOA shall meet at least once each month unless there are no items to decide upon.
2.
Open to the Public. All meetings of the BOA shall be open to the public and held in conformance with TLGC Chapter 552.
3.
Rules of Procedures. The BOA may adopt rules to govern its proceedings, provided that such rules shall be consistent with this ZLUO and state law. Meetings of the BOA are held at the call of the chairperson and at other times as determined by the BOA.
4.
Compelling of Witnesses.The chairperson may administer oaths and compel the attendance of witnesses.
5.
Recordkeeping. The BOA shall keep action minutes of its proceedings that indicate the vote of each member on each agenda item and keep records of its examinations and other official actions. The action minutes and records shall be filed immediately with the City Secretary and shall be a public record.
G.
Quorum and Voting.Each case before the BOA must be heard by at least 75% of the members of the entire membership of the BOA and any issue to be voted on shall be resolved by a majority vote of those members present. The chairperson shall be entitled to vote upon any agenda item but shall have no veto power.
Sweetwater City Zoning Code
ARTICLE V
DEVELOPMENT REVIEW BODIES
Sec. 30-62 Director
A.
Generally. The Director is responsible for processing an application to a final decision or making a recommendation to another development review body. The Director may designate other City staff members to manage applications through the review process, to be points of contact for applicants, and shall perform such other duties as may be required in this ZLUO.
B.
Powers and Duties. The Director shall have the authority and responsibility to:
1.
Development Review. Review, make recommendations, and/or make final decisions on the development review applications denoted in Table 30-77-1, Development Review Summary;
2.
Enforcement. Enforce the provisions of this ZLUO in accordance with Division 7.2, Enforcement of ZLUO. All officials and employees of the City shall assist the Director by reporting to the Administrator new construction, reconstruction, land uses, or violations that are observed; and
3.
Administration. Prescribe such rules and forms deemed necessary for the execution of the duties to administer and enforce this ZLUO.
Sec. 30-63 Building Official
A.
Generally. The Building Official shall aid in the administration and enforcement of this ZLUO as outlined in this Section.
B.
Powers and Duties Related to this ZLUO. The Building Official shall have the authority and responsibility to review and make recommendations or final decisions on the development review applications denoted in Table 30-50-1, Development Review Summary;
C.
Powers and Duties Related to Matters Outside of this Code. In addition to the powers and duties set forth above, the Building Official shall perform duties as outlined in the remainder of the City Code.
Sec. 30-64 Development Review Committee
A.
Generally. This Section establishes a coordinated and centralized committee, known as the Development Review Committee (DRC), that is composed of City staff members who participate in development review and who may make recommendations on certain applications established in Article VI, Development Review Procedures.
B.
Powers and Duties. The DRC shall have the authority to review and make recommendations on the development review applications denoted in Table 30-77-1, Development Review Summary Table.
C.
Membership. The DRC may be composed of the following City staff members:
1.
Director. The Director shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the DRC.
2.
Other City Staff Members. In addition to the Director, the DRC shall be comprised of City staff designated by the Director, which may include, but is not limited to:
a.
Building Official;
b.
Code Enforcement Officer;
c.
City Engineer;
d.
Public Works Director;
e.
Fire Marshal; or
f.
Utilities Director.
3.
Non-City Staff Members. Other staff or representatives from various local, county, state, or federal agencies may participate in the development review process as needed based on the nature of the proposed development or application.
D.
Applicant Meeting. The applicant may meet with the DRC to receive its comments and recommendations on an application so the applicant may make any required or recommended changes, corrections, or modifications to a submittal.
Sec. 30-65 City Council
A.
Generally. The City Council is established as the governing authority in Article III, The City Council and Mayor, of the City Code of Ordinances.
B.
Powers and Duties Related to this ZLUO. The City Council shall have the authority and responsibility to:
1.
Development Review. Make final decisions on the development review applications denoted in Table 30-77-1, Development Review Summary;
2.
Appointments. Appoint members of the Planning and Zoning Commission and the Board of Adjustment; and
3.
Fee Establishment. Establish fees for development review applications and permits.
C.
Powers and Duties Related to Matters Outside of this ZLUO.In addition to the powers and duties set forth above, the City Council shall have any other authority granted to the City Council by the City' Code of Ordinances, ordinance, or state law.
Sec. 30-66 Planning and Zoning Commission
A.
Generally. This Section establishes the provisions for the Planning and Zoning Commission's membership, terms of office, and meeting procedures in accordance with and controlled by the provisions of TLGC Chapter 211.
B.
Powers and Duties Related to this ZLUO. The Planning and Zoning Commission shall have the authority and responsibility to make final decisions on the development review applications denoted in Table 30-77-1, Development Review Summary.
C.
Powers and Duties Related to Matters Outside of this ZLUO.In addition to the powers and duties set forth above, the City Council shall have any other authority granted to the Planning and Zoning Commission by the City Council, the City Code of Ordinances, ordinance, or state law.
D.
Membership and Appointment.
1.
Appointment. The Planning and Zoning Commission shall consist of five members, each to be appointed by the Mayor subject to the approval of the City Council.
2.
Alternate Members. Two alternate members may be appointed in the same manner and for the same terms as regular members. Alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor.
3.
Selection of Officers.At the first meeting after the appointment of members of the Planning and Zoning Commission for a new term, the members shall elect one of the members as the chairperson and one of the members as the vice-chairperson. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers of the chairman.
E.
Terms, Vacancies, and Removal.
1.
Terms. Members shall be appointed for terms of two years.
2.
Vacancies. Vacancies shall be filled by the same procedures for original appointment and shall be for the unexpired term of the position vacated.
3.
Removal. The Mayor, subject to the approval of the City Council, may remove a Commission member for any cause on a written charge after a public hearing.
F.
Meetings and Procedures.
1.
Frequency. The Planning and Zoning Commission shall meet at least once each month unless there are no items to decide upon.
2.
Open to the Public. All meetings of the Planning and Zoning Commission shall be open to the public and held in conformance with TLGC Chapter 552.
3.
Rules of Procedures. The Planning and Zoning Commission may adopt rules to govern its proceedings, provided that such rules shall be consistent with this ZLUO and state law.
4.
Recordkeeping. The Planning and Zoning Commission shall keep action minutes of its proceedings that indicate the vote of each member on each agenda item and keep records of its examinations and other official actions. The action minutes and records shall be filed immediately with the City Secretary and shall be a public record.
G.
Quorum and Voting. A quorum shall consist of a majority of the entire membership of the Commission, and any issue to be voted on shall be resolved by a majority of those members present. The Chairperson shall be entitled to vote upon any question but shall have no veto power.
Sec. 30-67 Board of Adjustment
A.
Generally. This Section establishes the Board of Adjustment (BOA) including provisions for membership, terms of office, and meeting procedures in accordance with and controlled by the provisions of TLGC Chapter 211.
B.
Powers and Duties Related to this ZLUO. The BOA is a quasi-judicial board and shall have the authority to make final decisions on the development review applications denoted in Table 30-77, Development Review Summary.
C.
Powers and Duties Related to Matters Outside of this ZLUO.In addition to the powers and duties set forth above, the BOA shall have any other authority granted by the City Council, the City Code of Ordinances, ordinance, or state law.
D.
Membership and Appointment.
1.
Appointment. The BOA shall consist of five members, each to be appointed by the Mayor subject to the approval of the City Council.
2.
Alternate Members. Two alternate members may be appointed in the same manner and for the same terms as regular members. Alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor.
3.
Selection of Officers.At the first meeting after the appointment of members of the BOA for a new term, the members shall elect one of the members as the chairperson and one of the members as the vice-chairperson. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers of the chairman.
E.
Terms, Vacancies, and Removal.
1.
Terms. Members shall be appointed for terms of two years.
2.
Vacancies. Vacancies shall be filled by the same procedures for original appointment and shall be for the unexpired term of the position vacated.
3.
Removal. The Mayor, subject to the approval of the City Council, may remove a board member for any cause on a written charge after a public hearing
F.
Meetings and Procedures.
1.
Frequency. The BOA shall meet at least once each month unless there are no items to decide upon.
2.
Open to the Public. All meetings of the BOA shall be open to the public and held in conformance with TLGC Chapter 552.
3.
Rules of Procedures. The BOA may adopt rules to govern its proceedings, provided that such rules shall be consistent with this ZLUO and state law. Meetings of the BOA are held at the call of the chairperson and at other times as determined by the BOA.
4.
Compelling of Witnesses.The chairperson may administer oaths and compel the attendance of witnesses.
5.
Recordkeeping. The BOA shall keep action minutes of its proceedings that indicate the vote of each member on each agenda item and keep records of its examinations and other official actions. The action minutes and records shall be filed immediately with the City Secretary and shall be a public record.
G.
Quorum and Voting.Each case before the BOA must be heard by at least 75% of the members of the entire membership of the BOA and any issue to be voted on shall be resolved by a majority vote of those members present. The chairperson shall be entitled to vote upon any agenda item but shall have no veto power.