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Vinton City Zoning Code

CHAPTER 8

Administrative Bodies

Sec. 8.01.01 Purpose

Generally. The purpose of this Chapter is to:

  • Describe the administrative roles of Village staff under the UDC;
  • Establish and describe the role and responsibilities of the Planning and Zoning Commission; and
  • Describe the scope of authority retained by the Village Council to implement the UDC.

Effective on: 1/1/1901

Sec. 8.01.02 Applicability

  • Village Staff. The administrative functions of Village staff to administer the UDC are described in Subchapter 8.02, Bodies Established and Authorized. When a requirement specifies a department head or another officer or employee to do some act or perform a duty, it is to be construed to authorize the Village Administrator, or the department head, or officer, to designate, delegate, and authorize professional-level subordinates to perform the required act or duty.
  • Village Council and the Planning and Zoning Commission. Subchapter 8.02, Bodies Established and Authorized, establishes the role and responsibilities of the Village Council and the Planning and Zoning Commission.
  • Effective on: 1/1/1901

    Sec. 8.02.01 Village Council

  • Powers and Duties. The Village Council reserves to itself all of the powers and duties, with respect to the administration of the UDC, not expressly delegated to any Village Administrator in Subchapter 8.02, Bodies Established and Authorized, or to any Advisory Board or Commission created in accordance with the statutes of the State  of Texas.
  • Comprehensive Plan. To make and adopt a Comprehensive Plan for the physical development of the Village, including any areas within or outside of its ETJ and adopt a Future Thoroughfare Plan (FTP) and Future Land Use Plan (FLUP) within corporate boundaries of the Village and the Village ETJ boundary.

  • Review of Plats. In accordance with TLGC § 212, the Village Council, upon receiving a recommendation from the Planning and Zoning Commission, shall take action on plats as set out in Table 9.01.03Public Meetings; Permits. For such plats, when located in the ETJ, the Council, upon receipt of a Planning and Zoning Commission recommendation, shall make a recommendation to El Paso County.

  • Zoning Variances and Appeals. The Village Council serves as the Board of Adjustment for the purpose considering zoning variances and deciding appeals from Development Administrator decisions.

  • Decisions. The Village Council makes all final decisions on the permits and procedures set out in Table 9.01.03Public Meetings; Permits.
  • Effective on: 1/1/1901

    Sec. 8.02.02 Planning and Zoning Commission

  • General. The Village Council adopted Ordinance 093-139, creating an advisory board known as the Planning and Zoning Commission (Commission) to monitor and implement the development regulations of the Village.
  • Meetings, Officers, and Procedures. The Commission may:
    1. Establish by-laws to govern its operations and consult with Robert's Rules of Order to resolve any procedural questions;

    2. Conduct meetings if a majority of its appointed members are present to constitute a quorum;

    3. By a majority vote of the Commissioners present, pass any motion, except where the UDC or Texas Statutes require a greater majority; and

    4. Cancel regular monthly meetings if no business requiring Commission action is necessary; and

    5. Schedule any additional necessary special meetings.

  • Open Meetings. All business shall be conducted in accordance with the State of Texas Open Meetings Act and other laws applicable to local public bodies.
  • Powers and Duties. The Commission shall have the powers and duties to:

    1. Formulate recommendations to the Village Council on the zoning and subdivision application set out in the UDC in Subchapter 9.04, Public Meetings: Permits and Procedures;

    2. Make recommendations and final determination on any matter specified by the UDC;
    3. Make studies and recommendations to the Council regarding planning, land use, growth, and Village development; and

    4. Perform other duties assigned by the Village Council.

  • Effective on: 2/7/2016

    Sec. 8.02.03 Development Review Committee

  • Generally.  A regulatory body to be known as the Development Review Committee (DRC) is hereby established for the purpose of:
    1. Administering the requirements of this UDC;
    2. Ensure that all information necessary to determine compliance with Village codes and ordinances has been provided;
    3. Formulating staff recommendations;
    4. Rectifying review comments between Village departments and referral agencies; and
    5. Providing cohesive and timely review of development applications.
  • Membership. The DRC shall be comprised of the Village staff designated by the Village Administrator and representatives from each referral agency that reviews development projects in the Village.
  • Powers. The DRC shall have the role to review and provide technical recommendations concerning any application specified in this UDC or on any other matter related to the development of the Village.
  • Meetings.
    1. DRC meetings shall be convened by the Village, as necessary.
    2. A standing monthly meeting date may be established to facilitate the timely review of subdivision plats or other applications.
    3. Based on the nature of a development, DRC meetings can limited to those staff and agencies affected by the by the development, or can be expanded to include additional agencies or staff with review responsibilities. 
  • Effective on: 1/1/1901

    Sec. 8.02.04 Floodplain Administrator

  • Generally. The Village Engineer is hereby designated as the Floodplain Administrator to administer and implement the provisions of this UDC and 44 CFR (Emergency Management and Assistance National Flood Insurance Program Regulations) pertaining to floodplain management.
  • Duties and Responsibilities. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
    1. Permit Review. Review applications to:
      1. Determine whether proposed building sites will be reasonably safe from flooding based on the current Flood Insurance Rate Map, 44 CFR, elevation surveys prepared and sealed by a Registered Professional Land Surveyor (RPLS), proposed finished floor elevations, generally accepted engineering practices, historic archives, and any additional information available.
      2. Approve or deny all applications for floodplain development permits; and
      3. Assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.
    2. Recordkeeping. Maintain and hold open for public inspection at the Village Hall, all records pertaining to the provisions of Division 6.200, Floodplain Management and Flood Damage Prevention.
    3. Interpretations of SFHA Boundaries. Make interpretations, where needed, as to the exact location of the boundaries of special flood hazards areas (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions).
    4. Responsibilities with Regard to Alterations of Watercourses.
      1. Notify adjacent communities and the state coordinating agency, which is Texas Water Development Board and Texas Commission for Environmental Quality (TCEQ), in riverine situations, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
      2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
    5. Floodplain Information and Determination.
      1. When base flood elevation data has not been provided in accordance with Section 6.202B., Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other sources, in order to administer the provision of Division 6.200, Floodplain Management and Flood Damage Prevention. If adequate data is not available, the Floodplain Administrator may require the applicant to provide additional data, information and / or studies for review.
      2. When a regulatory floodway has not been designated, the Floodplain Administrator shall not permit new construction, substantial improvements, or other development (including fill) within zones A1-30 on the applicable FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
    6. Required Map Revisions. Under provisions of 44 CFR, Part 65, Section 12 of the National Flood Insurance Program regulations, the Village is authorized to approve certain development in the SFHA (A zones) on the applicable FIRM maps which increases the water surface elevation of the base flood by more than one foot. However, the Village must first apply for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
    7. Enforcement. The Floodplain Administrator shall enforce the floodplain management and flood hazard reduction standards of this UDC.
  • Effective on: 1/1/1901

    Sec. 8.02.05 Development Administrator

  • Generally. The Development Administrator shall be that person, or persons, designated by the Village Administrator, to administer the processes and procedures of the UDC.
  • Authority and Responsibilities.
    1. Standards of Operation and Procedures. The Development Administrator is authorized to establish standards of operation and procedures consistent with the purpose and requirements of this UDC, which may include, but is not limited to, internal review and referral procedures, submittal content checklists, and submittal calendars.
    2. Maintenance of UDC. The Development Administrator is authorized to maintain the UDC and Official Zoning Map.
    3. Inspections. The Development Administrator is empowered to enter any building, structure, or premises in the Village upon which a development or land use is located, as follows:
      1. Entry shall be for the purpose of inspection to ensure UDC compliance;
      2. Inspection shall be performed during business hours, unless an emergency exists; and
      3. Inspection shall be made only after
        1. Contact and permission granted by the owner or tenant; or
        2. An order from a court of competent jurisdiction.
    4. Recommendations and Decisions. The Administrator is responsible for providing recommendations and decisions as set forth in Subsections C. and D., below.
  • Recommendations. The Development Administrator shall make a report and recommendations with regard to all applications for development approval, except those which are decided by the Village Administrator or other members of the Village staff.
  • Decisions. The Development Administrator shall decide the administrative processes set out in Subchapter 9.03, Administrative: Permits and Procedures Permits, and may schedule a DRC meeting.
  • Effective on: 1/1/1901

    Sec. 8.02.06 Building Official

  • Duties. The duties of the Building Official are:
    1. Enforce all adopted building codes and the UDC;
    2. Issue the permits and licenses set out in Subsection C., below: and
    3. Coordinate with the Code Enforcement Office on all matters of construction code and UDC compliance.
  • Enforcement. The Building Official shall have all powers of enforcement set out in Chapter 11; Enforcement and Remedies.
  • Permits and Licenses. Upon a determination of compliance with applicable construction codes and the UDC and the requirements set out in Sec. 9.03.03; Building Permits, Certifications, and Licenses, the Building Official may issue the following:
    1. Permits. Manufactured Home Placement Permits; Building Permits; Occupancy Permits; and other permits authorized by the UDC or other Village ordinances; and
    2. Licenses. Home Occupation and Non-conforming Use Licenses and other licenses authorized by Village ordinance. If a Non-conforming Use License is denied, the decision may be appealed, as set out in Sec. 9.05.02, Appeals.
  • Effective on: 1/1/1901

    Sec. 8.02.07 Code Enforcement Officer

  • Duties. The duties of the Code Enforcement Officer are:
    1. Enforce all UDC provisions and adopted construction codes; and
    2. Inspect all building or structures erected or altered to insure compliance with all codes and the UDC.
    3. To cause electrical equipment to be disconnected if such systems are dangerous to persons or property provided that:
      1. Written notice of such action is provided to the owner, or owner's agent, or by posting such notice at the site; and
      2. Notice is provided to the utility serving the premises.
  • Enforcement. The Code Enforcement Officer shall have all powers of enforcement set out in Chapter 11; Enforcement and Remedies.
  • Effective on: 1/1/1901