The following decision-making and administrative bodies shall have the duties and responsibilities in administering this title as established in this section.
A. Mayor And City Council:
1. Powers And Authority: In addition to all powers and authority granted to the Mayor and City Council by general or specific law, the Mayor and City Council shall have the following powers and authority under the provisions of this title.
a. Appoint Zoning Administrator And Building Official: The Mayor, with the consent of the City Council shall appoint a Zoning Administrator and a building official. The Zoning Administrator and building official may be employees of the City of Sidney or contract consultants.
b. Appoint Planning Board/Zoning Commission And Board Of Adjustment: The Mayor shall appoint and the City Council shall consent to appointing members of the Planning Board/Zoning Commission and Board of Adjustment.
c. Growth Policy: The Mayor and City Council shall have the authority to adopt the Sidney Growth Policy and, from time to time, approve or disapprove amendments to the Growth Policy.
d. Zoning Ordinance And Zoning Map: The Mayor and City Council shall have the authority to adopt the Sidney Zoning Ordinance and the Official Zoning Map of the City of Sidney, and from time to time, approve or disapprove amendments to the ordinance and map.
e. Planned Unit Development: The Mayor and City Council shall have the authority to hear, consider and approve, approve with conditions or disapprove applications for planned unit developments.
f. Annexations: The Mayor and City Council shall have the authority to approve, approve with conditions or disapprove applications for annexation of land to the City of Sidney.
g. Other Actions: The Mayor and City Council shall have the authority to take other action not delegated to another decision making or administrative body that the Mayor and City Council deem necessary and desirable to implement provisions of the Growth Policy or this title.
B. Planning Board/Zoning Commission:
1. Establishment: There is hereby reaffirmation of the creation and existence of the Sidney Planning Board and Sidney Zoning Commission to be known as the Planning Board/Zoning Commission.
2. Duties And Authority: The Planning Board/Zoning Commission shall have the following powers and authority under this title:
a. Growth Policy: To prepare and recommend to the Mayor and City Council the Sidney Growth Policy.
b. Amend Growth Policy: To initiate, hear, consider and make recommendations to the Mayor and City Council on amendments to the Growth Policy.
c. Adopt Ordinances: To initiate, hear, consider and make recommendations to the Mayor and City Council on the adoption of this title and other ordinances, regulations and codes authorized by general or specific law.
d. Amend Ordinances: To initiate, hear, consider and make recommendations to the Mayor and City Council on amendments to this title and to other ordinances, regulations and codes authorized by general or specific law.
e. Adopt Zoning Map: To initiate, hear, consider and make recommendations to the Mayor and City Council on the adoption of the Official Zoning Map of the City of Sidney.
f. Amend Zoning Map: To initiate, hear, consider and make recommendations to the Mayor and City Council on amendments to the Official Zoning Map of the City of Sidney.
g. Conditional Uses: To hear, consider and make recommendations to the Mayor and City Council on whether to approve, approve with conditions or disapprove applications for conditional use permits pursuant to the terms and procedures of this title.
h. Planned Unit Development: To initiate, hear, consider and make recommendations to the Mayor and City Council on applications for planned unit developments.
i. Annexation: To initiate, hear, consider and make recommendations to the Mayor and City Council on approval, approval with conditions or disapproval of applications for annexation of land to the City of Sidney.
j. Other Actions: To undertake and execute other duties the Mayor and City Council deems necessary and desirable to assign to the Planning Board/Zoning Commission.
C. Board Of Adjustment:
1. Establishment: There is hereby reaffirmation of the creation and existence of the Sidney Board of Adjustment.
2. Powers And Authority: The Board of Adjustment shall have the following powers and authority under this title:
a. Appeals: To hear and consider appeals that an error was made in order, requirement or decision by the Zoning Administrator in the enforcement of this title and to recommend that the City Council uphold, modify or overturn the decision.
b. Variances: To hear, consider and recommend approval, approval with conditions or disapproval applications for variances from the terms of this title pursuant to subsection 11-21-8A, "Variance", of this chapter.
D. Zoning Administrator: The Zoning Administrator shall have the following powers and authority and shall perform the following duties under this title.
1. Interpret Ordinance: Interpret, make day-to-day decisions and administer this title.
2. Receive Applications, Determine Completeness: Receive applications for all permits required by this title, except applications for building permits that are received by the building official, and make determinations of completeness of the submittal information.
3. Approve Development Permits: Review, consider and approve, approve with conditions or disapprove applications for which the terms and procedures of this title assign final action to the Zoning Administrator. Applications for which the Zoning Administrator has authority to approve or disapprove include residential development containing up to three (3) residential units.
4. Recommendations: Review, consider and make recommendations to the Planning Board/Zoning Commission, Board of Adjustment and the Mayor and City Council on applications for which these decision making bodies have duties to review and/or make final decisions.
5. Minor Deviations: Review, consider and approve or disapprove minor deviations to a development plan that has received final approval by a decision making body.
6. Administrative Duties: Assist all decision making bodies in setting agendas, providing proper legal notice and maintaining complete record of proceedings.
7. Inspections, Enforcement: Perform all necessary inspections to enforce the provisions of this title, conditions of approved permits and approved Development Agreements, and to initiate enforcement actions to remedy violations of this title, permits or agreements.
8. Legal Action: Investigate and pursue legal action pertaining to violations of this title or conditions of approved permits or the terms of approved Development Agreements.
9. Other Duties: Perform all other duties assigned by the terms of this title, deemed necessary to assist all decision making bodies, or determined necessary or desirable by the Mayor and City Council.
E. Building Official: In addition to all powers and authority granted to the building official by general or specific law or by other codes and ordinances, the building official shall have the following powers and authority and shall perform the following duties under this title.
1. Building Permits: Receive applications for building permits, determine completeness of submittal information, review and approve, approve with conditions or disapprove applications for building permits pursuant to the terms and procedures of the currently adopted Building Codes and this title.
2. Zoning Ordinance: Consult with the Zoning Administrator to ensure proper compliance with this title on all building permits.
3. Certificates Of Occupancy: Issue Certificates of Occupancy pursuant to the terms and procedures of the currently adopted Building Codes and this title. (Ord. 567, 3-20-2017)