There is hereby created a community development board.

(Ord. No. 88-6, § 2(22-22-27), 4-26-88)

The community development board shall consist of at least three and no more than five members appointed by the town council, none of whom shall hold any other public office or position in the town, all of whom shall be bona fide electors of the town; and, where practical, each shall possess some special skill or knowledge which would assist them in the discharge of their responsibilities under this article. The community development board shall elect its chairman and vice-chairman from among the appointed members. The community development director shall act as secretary to the board under the direction of the chief administrative officer. The community development board may take action on development requests at any time a majority of the total members are present for a meeting, regardless of whether all seats on the board are filled at that time.

(Ord. No. 88-6, § 2(22-27), 4-26-88; Ord. No. 2017-03, § 1, 7-11-17)

Initial appointments to the community development board shall be as follows: Two (2) members for two (2) years, two (2) members for three (3) years, and one (1) member for four (4) years. Following the initial appointments, the term of the appointed members of the community development board shall be for four (4) years; except that the first members appointed shall serve staggered terms as provided. All terms shall expire on December 31st of the proper year. Any vacancy during the unexpired term of an appointed member shall be filled by the town council for the remainder of the term.

(Ord. No. 88-6, § 2(22-27-1), 4-26-88)

Any member of the community development board may be removed by the town council and a replacement may be appointed to fill the remainder of the member's term.

(Ord. No. 88-6, § 2(22-27-2), 4-26-88; Ord. No. 2013-01, § 3, 7-9-13)

The community development board shall have the power, duty, responsibility and authority to:

(1)

Make recommendations to the town council for the physical, fiscal, and aesthetic development of the town, including applications to develop land.

(2)

Exercise supervisory control over planning and land use within the town, following the standards established by the town council pertaining to such planning or land use regulation, as contained in chapter 17 of the Ordinance Code of the Town of Baldwin, Florida;

(3)

Recommend to the town council proposed changes in the land use regulation map of the town;

(4)

Recommend to the town council proposed changes in the land use regulations of the Code;

(5)

Submit to the town council their recommendations covering all applications for changes in the provisions of the land use regulations of the town referred to them by the town council;

(6)

Reserved.

(7)

Promote public interest in and understanding of the planning, zoning and beautification of the town;

(8)

Meet on a regularly scheduled day each month, and periodically on call, and keep a public record of all its meetings, resolutions, findings and determinations;

(9)

Require information from other departments of the town government in relation to its work, which information shall be furnished to them within a reasonable time;

(10)

Reserved.

(11)

Recommend to the town council plans for the planning, replanning, improvement or redevelopment of the town;

(12)

Reserved.

(13)

Reserved.

(14)

To act as a zoning board and to make recommendations to the town council on zoning applications and applications for exceptions and variances filed in accordance with the land development regulations of the zoning code of the town;

(15)

To act as an appeals board or board of adjustment 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 in the enforcement of this article or chapter 22 of the Code of Ordinances of the town;

(16)

All powers, duties, responsibilities or authority held by the board of adjustment appeals and the advisory planning board.

(Ord. No. 88-6, § 2(22-27-3), 4-26-88; Ord. No. 2013-01, §§ 2, 4, 7-9-13)

All plans or recommendations of the community development board, in order to be accorded official cognizance by the town council, must be certified to the town council through the office of the chief administrative officer by the chairman of the community development board as the official act of the board, duly passed by a majority vote of the board, as distinguished from the personal views or desires of any single member or group of members of the board. Such certification shall be attested to by the appropriate administrative official. This provision is not intended as prohibiting the board from submitting alternate plans or recommendations or of submitting minority plans or recommendations in certain cases when so approved by a majority vote of the board to be also certified to the town council for consideration.

(Ord. No. 88-6, § 2(22-27-4), 4-26-88)

The community development board is hereby designated as the local planning agency and the local land development regulation commission, as set forth in Part 2 of Chapter 163.3164, Florida Statutes, as from time to time amended.

(Ord. No. 88-6, § 2(22-27-5), 4-26-88)

Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former § 22-47 in its entirety which pertained to proceedings of the community development board and derived from Ord. No. 88-6, § 2(22-27-6), adopted April 26, 1988.

Appeals to the community development board may be brought by any person aggrieved or by an officer or bureau of the town council affected by any decision of the administrative officer. Such appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the community development board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action of appeal was taken.

(Ord. No. 88-6, § 2(22-27-7), 4-26-88)

An appeal stays all proceedings and furtherance of the action appeal from, unless the officer from whom the appeal is taken certifies to the community development board, after the notice of appeal shall have been filed with him, that, by reason of fact stated in the certificate, a stay would, in his opinion, cause an imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 88-6, § 2(22-27-8), 4-26-88)

The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ord. No. 88-6, § 2(22-27-9), 4-26-88)

In exercising the powers of an appeals board, the community development board, in conformity with the provisions of this article and chapter 22, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation of such ordinance.

(Ord. No. 88-6, § 2(22-27-10), 4-26-88)

Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former §§ 22-52—22-55 in their entirety. Subject matter and legislative history of these former sections are listed below: