(A) Establishment. The City Commission shall appoint a board to be composed of five qualified electors of the city, to be known as the Planning and Zoning Board. In addition, the City Commission may appoint one qualified elector of the city to serve as an alternate member, designating them as such. The alternate member shall only vote in the temporary absence or disability of any regular member or vote when a regular member is otherwise disqualified in a particular case that may be brought before the Board. The initial term of the alternate member shall expire December 31, 2001. Thereafter, the term shall be for three years.
(B) Terms. The members shall serve a term of three years commencing on the first day of January.
(C) Qualification of members. Members shall be electors of the city and shall be chosen from persons in a position to represent the public interest, and shall come from diverse vocational backgrounds.
(D) Removal of a member. Members of the Planning and Zoning Board may be removed as provided in § 30.15 of the code of ordinances.
(E) Vacancies on the Planning and Zoning Board. Vacancies on the Planning and Zoning Board shall be filled by appointment by the City Commission for the unexpired term of the member affected. It shall be the duty of the Chairperson of the Planning and Zoning Board to notify the Mayor within ten days of the occurrence.
(F) Compensation and expenses of members. Members of the Planning and Zoning Board shall receive no salary or fees for service on the Board, but may receive actual and necessary expenses incurred in the performance of their duties of office, payable in a manner determined by City Commission resolution.
(G) Officers. The Planning and Zoning Board shall select a Chairperson and Vice Chairperson in January of each year from among its members, and may create and fill other offices as it may determine.
(H) Powers and duties of the Planning and Zoning Board. It shall be the duty of the Planning and Zoning Board:
(1) To make recommendations to the City Commission on all proposed changes of zoning, to make recommendations to the City Commission on variances to Chapters 156 and 160, as well as granting variances to §§ 154.14 and 154.55 through 154.66. The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official charged with the enforcement of this chapter.
The Planning and Zoning Board shall have the general responsibility for the conduct of the comprehensive planning program and the preparation of the comprehensive plan, or elements or portions thereof. The Board shall monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the City Commission changes in the comprehensive plan that may from time to time be required. It shall be the duty of the Planning and Zoning Board to prepare the comprehensive plan with required elements as provided in F.S. Chapter 163, as may be amended from time to time. Final adoption of the comprehensive plan or any amendment or alteration to it shall be by City Commission approval.
(2) With respect to all areas of the Planning and Zoning Board's responsibilities, it shall be the duty of the Board to review applications, take testimony, and examine relevant materials and other review information available to it in order to form a basis for its recommendations to the City Commission.
(3) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official charged with the enforcement of this chapter.
(4) Variances from the terms of §§ 154.14 and 154.55 through 154.66 shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. In order to authorize any variance from the terms of this chapter, the Planning and Zoning Board, and the City Commission on appeal, must and shall find:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning districts; and
(b) That the special conditions and circumstances do not result from the actions of the applicant; and
(c) That granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings, or structures in the same zoning district; and
(d) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; and
(e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; and
(f) That the grant of the variance will be in harmony with the general intent and purpose of the ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(5) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of those conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable as provided by this chapter.
(6) Under no circumstances shall the Board grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in that district. However, this section is not intended to diminish the general appeal powers to administrative decisions of the Zoning Administrator, as outlined in division (H)(1) above.
(7) Nonconforming uses of neighboring lands, structures, or buildings in the same district, and permitted use of lands, structures, or buildings in other districts, shall not be considered grounds for the issuance of a variance.
(I) Rules of procedure. The Planning and Zoning Board shall adopt rules of procedure necessary to govern the conduct of its affairs in keeping with state laws and these regulations. A copy of the rules of procedure shall be available in written form to the public.
(J) Prompt forwarding to City Commission. The Planning and Zoning Board shall, after reviewing a proposed change, promptly submit in writing its recommendations to the City Commission for any official action within 14 days.
(K) Mandatory procedures by the Planning and Zoning Board.
(1) All matters which fall within the scope of the responsibilities of the Planning and Zoning Board shall be submitted to the Board for its consideration and recommendation prior to official action by the City Commission.
(2) Notice of application. Within seven days of receipt by the city of an application for rezoning, variance, vacation, conditional use, site plan or subdivision, a notice shall be posted stating that an application for the particular land use action requested has been received by the city and stipulating whom to contact at the city for more information. Additionally, no less than 15 days before an item is scheduled to be reviewed and acted upon, the applicant shall post on the subject property a notice (on a form specified by the city), stating that an application for the particular land use action requested has been received by the city, stipulating the decision making board, address of the location where the hearing will be held, the date and time of the hearing(s) and the name and telephone number of whom to contact at the city for information concerning this item. The notice shall be posted by the applicant in a conspicuous place on the lot, parcel, or tract of land to which the application pertains, so as to be visible from a public street or road adjacent to the property.
(3) The Board shall consider each item on its agenda and take appropriate action.
(4) The Board may, from time to time, request additional information from the applicant or other sources bearing on the applications, and, until the formal recommendation has been made, may reconsider any aspect of the application even though previously reviewed.
(5) Any recommendation for denial shall be accompanied by a finding of fact.
(L) Voting.
(1) All members of the Board are voting members.
(2) A quorum of the Board necessary to conduct official business shall consist of three members present in person.
(3) Each member shall vote on each matter presented for a vote before the Board unless that vote is excused or prohibited by law.
(M) Conflict and disclosure.
(1) No member of the Planning and Zoning Board shall vote in an official capacity upon any matter which grants to the member special private gain, nor shall the member knowingly vote in an official capacity upon any measure which adds to the special gain of any principal by whom the member is retained.
(2) Any member having a conflict of interest as defined by state statutes shall, prior to the vote being taken, state the nature of interest in the matter, and, within 15 days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the City Clerk, who shall incorporate the memorandum as part of the minutes of that meeting.
(N) Representing others prohibited.
(1) No member of the Planning and Zoning Board shall appear before the Planning and Zoning Board, or the City Commission as an agent or attorney for another.
(2) Nothing herein shall prevent a member from representing himself before any of the above boards or the City Commission.
(1) Any person or persons, jointly or severally, aggrieved by any decision of the Planning and Zoning Board, may, within 30 days after the filing of any decision in the office of the Board, but not thereafter, apply to the courts or the City Commission for relief.
(2) An appeal to the City Commission shall stop all proceedings in furtherance of the action appealed. The City Commission shall fix a reasonable time for the hearing of the appeal; give public notice thereof, as well as due notice to the parties in interest; and decide the same within a reasonable time. Upon the hearing, any party may appeal.
(P) Time limit. Any variance granted by the Planning and Zoning Board or City Commission shall expire one year after the effective date of the action by the Planning and Zoning Board or City Commission, unless a development application or development permit based upon and incorporating the variance is approved or action is taken by the applicant which concludes the need for the variance within that one year period. A maximum extension of six months may be granted provided good cause is shown and provided the conditions of the variance approval have not changed. An application for extension shall be filed with the Planning and Zoning Board or City Commission at least 30 days prior to the expiration of the one year period. An extension may be granted without public hearing. A reapplication administration fee shall be charged in an amount equal to the amount of the original application fee.
(Ord. 241, passed 11-27-85; Am. Ord. 345, passed 12-3-87; Am. Ord. 389, passed 9-15-88; Am. Ord. 536, passed 1-17-91; Am. Ord. 592, passed 2-20-92; Am. Ord. 597, passed 4-2-92; Am. Ord. 598, passed 4-16-92; Am. Ord. 676, passed 12-2-93; Am. Ord. 917, passed 3-4-99; Am. Ord. 1100, passed 8-7-03; Am. Ord. 1505, passed 5-1-14)
Cross-reference:
Establishment of Planning and Zoning Board, see § 30.15