(A) Zoning Administrator. The city shall designate a Zoning Administrator who shall administer and enforce all or portions of the provisions in this ZDO. The Zoning Administrator shall have the following powers and duties under this ZDO:
(1) Review and decide. The Zoning Administrator shall review and decide applications for:
(a) Administrative adjustments (See § 162.03-05);
(b) Site plans for single- and two-family dwellings (See § 162.03-06);
(c) Minor subdivision plats (See § 162.03-07(C));
(d) All temporary use permits except applications for special events decided by the Director of Public Safety (See § 162.03-12); and
(e) Zoning permits (See § 162.03-13).
(2) Review and recommend. To review and make recommendations on applications for:
(a) Special exception permits (See § 162.03-03);
(b) Variance permits for subdivisions (See § 162.03-04);
(c) Variance permits for zoning (See § 162.03-04);
(d) Building permits (See § 162.03-08);
(e) Tree alteration permits (See § 162.03-10);
(f) Sign permits (See § 162.03-11);
(g) Grading permits (See § 162.03-09); and
(h) Beneficial use determinations (See § 162.03-16).
(3) Other actions. The Zoning Administrator shall carry out any other powers and duties delegated by City Council, consistent with state law, including:
(a) Rendering interpretations of this ZDO (See § 162.03-14);
(b) Establishing application requirements and schedules for review of applications and appeals;
(c) Enforcing the provisions of this ZDO in accordance with Chapter 169: Enforcement;
(d) Maintaining the official zoning map and other such records and official materials as relate to the adoption, amendment, enforcement or administration of this ZDO; and
(e) Providing expertise and technical assistance to the City Council, Planning Commission, BZA, and DRB upon request.
(B) Building Official. In addition to the authority and duties that may be conferred on the Building Official by general law, the Building Official shall have the following powers and duties under this ZDO:
(C) Director of Public Works. In addition to the authority and duties that may be conferred on the Director of Public Works by general law, the Director of Public Works shall have the following powers and duties under this ZDO:
(1) To review and decide on applications for grading permits (See § 162.03-09); and
(2) To review and make recommendations on certain applications for interpretations (See § 162.03-14).
(D) Director of Public Safety. In addition to the authority and duties that may be conferred on the Director of Public Safety by general law, the Director of Public Safety shall review and decide on applications for temporary use permits associated with a special event (See § 162.03-12).
(E) City Attorney. In addition to the authority and duties that may be conferred upon the City Attorney by general law and the Code of Ordinances, the City Attorney shall counsel the City Council, Planning Commission, BZA, DRB, Zoning Administrator, and city departments in regard to the legal issues that may arise in the review of applications for permits and permit approval and the general implementation of this ZDO.
(F) Hearing Officer.
(1) Creation and appointment. The City Council shall confirm one or more Hearing Officers to hear and consider such matters as may be required to be conducted by a Hearing Officer under any provision of this ZDO, or as may be determined to be appropriate. The Hearing Officer(s) shall serve at the pleasure of the City Council for such period as is determined by the City Council. The Hearing Officer(s) shall be compensated at a rate to be determined by the City Council. Whoever shall accept an appointment as a Hearing Officer shall, for a period of one year from the date of termination as holder of such position, not act as agent or attorney in any proceeding, application, or any matter before any decision-making or advisory body of the city in any matter involving land that was the subject of a proceeding which was pending during the time served as a Hearing Officer.
(2) Minimum qualifications. A Hearing Officer shall have the following minimum qualifications:
(a) Demonstrated knowledge of administrative, zoning, and land use law and practice; and
(b) Hold no appointive or elective public office or position in the city during the period of appointment.
(3) Powers and duties. A Hearing Officer shall have the following duties:
(a) To establish the record and make recommendations to the City Council on beneficial use determinations (See § 162.03-16);
(b) To issue subpoenas to compel the attendance of witnesses and production of documents, and to administer oaths to witnesses appearing at hearings; and
(c) To perform other such tasks as the City Council may assign.
(Ord. 05-10, passed 3-23-10)