3.1.1. Planning and Zoning Board: organization.

3.1.1.1. Establishment. A Planning and Zoning Board is hereby established for the county.

3.1.1.2 Appointment. The Planning and Zoning Board shall consist of five residents of the county who shall be appointed by the Board of County Commissioners. The Board of County Commissioners shall also appoint a representative of the school board and representative from Camp Blanding Florida Army National Guard Training Center as ex-officio members of the Planning and Zoning Board.

The Board of County Commissioners may by resolution designate the Board of County Commissioners to perform the functions of the Planning and Zoning Board.

The Board of County Commissioners may by resolution designate the Planning and Zoning Board to perform the functions of the Board of Adjustment. If the Board of County Commissioners designates the Planning and Zoning Board to perform the functions of the Board of Adjustment, the terms of office of members of the Planning and Zoning Board shall run concurrently with said members term of office on the Board of Adjustment.

3.1.1.3. Term of office. The term of office shall be for three years; provided, however, that of the five members first appointed to the Planning and Zoning Board at the effective date of these land development regulations one shall be appointed for one year, two shall be appointed for two years, and two shall be appointed for three years, and that all appointments thereafter shall be for three years.

3.1.1.4. Removal for cause. If the Board of County Commissioners elects to appoint a Planning and Zoning Board comprised of membership other than the members of the Board of County Commissioners, such members of the Planning and Zoning Board may be removed for cause by the Board of County Commissioners after filing of written charges, a public hearing, and a majority vote of the Board of County Commissioners.

3.1.1.5. Removal for absenteeism. If the Board of County Commissioners elects to appoint a Planning and Zoning Board comprised of membership other than the Board of County Commissioners, the term of office of any such member of the Planning and Zoning Board who is absent from three consecutive, regularly scheduled meetings of the Planning and Zoning Board may be declared vacant by the Board of County Commissioners.

3.1.1.6. Appointments to fill vacancies. Vacancies in Planning and Zoning Board membership shall be filled by appointment by the Board of County Commissioners for the unexpired term of the member affected. It shall be the duty of the chairman of the Planning and Zoning Board to notify the Board of County Commissioners within ten days after a vacancy occurs among members of the Planning and Zoning Board.

3.1.2. Planning and Zoning Board: procedure.

3.1.2.1. Rules. The Planning and Zoning Board shall establish rules for its own operation not inconsistent with the provisions of applicable state statutes or of these land development regulations. Such rules of procedure shall be available in a written form to persons appearing before the Planning and Zoning Board and to the public.

3.1.2.2. Officers. The Planning and Zoning Board shall elect from within the board a chairman, who shall be the presiding member; [and] a vice-chairman, who shall preside in the chairman's absence or disqualification. The Land Development Regulation Administrator shall serve as the secretary for the Planning and Zoning Board. Terms of all elected officers shall be for one year. Elected officers shall serve no more than two consecutive terms in the same position.

3.1.2.3. Meetings and quorum. The Planning and Zoning Board shall meet at regular intervals at the call of the chairman, at the written request of three or more regular members, or within 30 days after receipt of a matter to be acted upon by the Planning and Zoning Board, provided that the Planning and Zoning Board shall hold a least one regularly scheduled meeting each month, on a day to be scheduled by the Planning and Zoning Board. Three members of the Planning and Zoning Board shall constitute a quorum. All meetings of the Planning and Zoning Board shall be public. A record of all its resolutions, transactions, findings, and determinations shall be made, which record shall be a public record on file in the office of the Land Development Regulation Administrator.

3.1.2.4. Disqualification of members. If any member of the Planning and Zoning Board shall find that his or her private or personal interests are involved in a matter coming before the Planning and Zoning Board, he or she shall disqualify himself or herself from all participation in that case. No member of the Planning and Zoning Board shall appear before the Planning and Zoning Board as agent or attorney for any person.

3.1.2.5. Decisions. The concurring vote of a majority of the members of the Planning and Zoning Board, who are present and voting, shall be necessary to pass any motion which is considered by the Planning and Zoning Board.

3.1.2.6. Appropriations, fees, and other income. The Board of County Commissioners shall make available to the Planning and Zoning Board such appropriations as it may see fit for expenses necessary in the conduct of Planning and Zoning Board work.

3.1.3. Planning and Zoning Board: functions, powers, and duties: generally. The functions, powers, and duties of the Planning and Zoning Board in general shall be:

1.

To acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the county, statistics on past trends and present conditions with respect to population, property values, economic base, land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the county.

2.

To prepare and recommend to the Board of County Commissioners for adoption, and from time to time amend and revise a comprehensive and coordinated general plan (the comprehensive plan) for meeting present requirements and such future requirements as may be foreseen.

3.

To recommend principles and policies for guiding action affecting development in the county.

4.

To prepare and recommend to the Board of County Commissioners ordinances, regulations, and other proposals promoting orderly development along the lines indicated as desirable by the comprehensive plan.

5.

To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan, especially relating to the management of concurrency requirements as stated within the comprehensive plan and these land development regulations.

6.

To serve as the county's historic preservation agency to meet the requirements and carry out the policies and responsibilities of the comprehensive plan and article 11 of these land development regulations.

7.

To review preliminary plats to determine conformity with the comprehensive plan and these land development regulations and make recommendations to the Board of County Commissioners.

8.

To conduct an annual review of the county's capital improvement element of the comprehensive plan, in conformance with the procedure for monitoring and evaluation of the capital improvements element (see chapter VIII of the comprehensive plan). This review is conducted to ensure that the fiscal resources are available to provide the public facilities needed to support the established level of service standards.

9.

To conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan and ordinances, codes, and regulations related to it.

10.

To make any necessary special studies on the location, adequacy, and conditions of specific facilities in the county. These may include but are not limited to studies on housing, commercial and industrial conditions and facilities, recreation, public and private utilities, roads and traffic, transportation, parking, and the like.

11.

To keep the Board of County Commissioners informed and advised on these matters.

12.

To perform such other duties as may be lawfully assigned to it, or which may have bearing on the preparation or implementation of the comprehensive plan. All employees of the county shall, upon request and within a reasonable time, furnish to the Planning and Zoning Board such available records or information as may be required in its work. The Planning and Zoning Board may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized agents or employees of the county, and shall have such other powers as are required for the performance of official functions in carrying out of the purposes of the Planning and Zoning Board.

3.1.4. Planning and Zoning Board: Powers and Duties:

3.1.4.1. Amendments. It is the intent of these land development regulations that all proposed amendments shall be heard in the first instance by the Planning and Zoning Board as set out in Articles 13 and 16 of these land development regulations.

3.1.4.2. Land and water fills, dredging, excavation, and mining. It is the intent of these land development regulations that all proposals for land and water fills, dredging, excavation, and mining shall be heard in the first instance by the Planning and Zoning Board as set out in article 14 of these land development regulations.

3.1.4.3. Bulkheads, docks, piers, wharves, and similar structures. It is the intent of these land development regulations that all proposals to erect or enlarge bulkheads, docks, piers, wharves, and similar structures shall be heard in the first instance by the Planning and Zoning Board as set out in article 14 of these land development regulations.

3.1.4.4. Temporary use permits. It is the intent of these land development regulations that temporary use permits which are issued by the Board of County Commissioners shall be heard in the first instance by the Planning and Zoning Board as set out in article 14 of these land development regulations.

(Ord. No. 04-34, § 1, 9-23-04; Ord. No. 04-35, § 1, 9-23-04; Ord. No. 06-14, § 1, 4-20-06; Ord. No. 09-10, § 2, 6-1-09)

3.2.1. Board of Adjustment: organization.

3.2.1.1. Establishment. A Board of Adjustment is hereby established for the county.

3.2.1.2. Appointment. The Board of Adjustment shall consist of five residents of the county who shall be appointed by the Board of County Commissioners.

The Board of County Commissioners may by resolution designate members of the Board of Adjustment to perform the functions of the Planning and Zoning Board. If the Board of County Commissioners so elects, the terms of office of members of the Planning and Zoning Board shall run concurrently with said member's term of office on the Board of Adjustment.

The Board of County Commissioners may by resolution designate the Board of County Commissioners to perform the functions of the Board of Adjustment. If the Board of County Commissioners so elects, the terms of office of the members of the Board of Adjustment shall run concurrently with said member's term of office on the Board of County Commissioners.

3.2.1.3. Term of office. The term of office shall be for three years; provided, however, that of the five members first appointed to the Board of Adjustment at the effective date of these land development regulations one shall be appointed for one year, two shall be appointed for two years, and two shall be appointed for three years, and that all appointments thereafter shall be for three years.

3.2.1.4. Removal for cause. If the Board of County Commissioners elects to appoint a Board of Adjustment comprised of membership other than the Board of County Commissioners, such members of the Planning and Zoning Board may be removed for cause by the Board of County Commissioners after filing of written charges, a public hearing, and a majority vote of the Board of County Commissioners.

3.2.1.5. Removal for absenteeism. If the Board of County Commissioners elects to appoint a Board of Adjustment comprised of membership other than the members of the Board of County Commissioners, the term of office of any such member of the Planning and Zoning Board who is absent from three consecutive, regularly scheduled meetings of the Planning and Zoning Board may be declared vacant by the Board of County Commissioners.

3.2.1.6. Appointments to fill vacancies. Vacancies in Board of Adjustment membership shall be filled by appointment by the Board of County Commissioners for the unexpired term of the member affected. It shall be the duty of the chairman of the Board of Adjustment to notify the Board of County Commissioners within ten days after a vacancy occurs among members of the Board of Adjustment.

3.2.2. Board of Adjustment: procedure.

3.2.2.1. Rules. The Board of Adjustment shall establish rules for its own operation not inconsistent with the provisions of applicable state statutes or of these land development regulations. Such rules of procedure shall be available in a written form to persons appearing before the Board of Adjustment and to the public.

3.2.2.2. Officers. The Board of Adjustment shall elect from within the board a chairman, who shall be the presiding member; [and] a vice-chairman, who shall preside in the chairman's absence or disqualification. The Land Development Regulation Administrator shall serve as the secretary for the Board of Adjustment. Terms of all elected officers shall be for one year. Elected officers shall serve no more than two consecutive terms in the same position.

3.2.2.3. Meetings and quorum. The Board of Adjustment shall meet at regular intervals at the call of the chairman, at the written request of three or more regular members, or within 30 days after receipt of a matter to be acted upon by the Board of Adjustment, provided that the board shall hold at least one regularly scheduled meeting each month, on a day to be scheduled by the Board of Adjustment. Three members of the Board of Adjustment shall constitute a quorum.

All meetings of the Board of Adjustment shall be public. A record of all its resolutions, transactions, findings, and determinations shall be made, which record shall be a public record on file in the office of the Land Development Regulation Administrator.

3.2.2.4. Disqualification of members. If any member of the Board of Adjustment shall find that his or her private or personal interests are involved in a matter coming before the board, he or she shall disqualify himself or herself from all participation in that case. No member of the Board of Adjustment shall appear before the Board of Adjustment as agent or attorney for any person.

3.2.3. Board of Adjustment: powers and duties: administrative review. The Board of Adjustment shall have the power to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by the Land Development Regulation Administrator in the enforcement of these land development regulations as set out in article 12 of these land development regulations.

3.2.4. Board of Adjustment: powers and duties: special exceptions. The Board of Adjustment shall have the power to hear and decide upon appeal in specific cases such special exceptions as the Board of Adjustment is specifically authorized to pass on under the terms of these land development regulations; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when they would not promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare as set out in articles 12 and 13 of these land development regulations.

3.2.5. Board of Adjustment: powers and duties: variances. The Board of Adjustment shall have power to authorize upon appeal such variance from the terms of these land development regulations as will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the provisions of these land development regulations would result in unnecessary and undue hardship as set out in article 12 of these land development regulations.