To assist the Town Council in the administration and enforcement of its Land Development Code, there is hereby established the Planning and Zoning Board, the Local Planning Agency, the Land Development Regulation Commission, the Board of Adjustment and the official town staff positions of Building Official and Zoning Official.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007)

   (A)   Planning and Zoning Board created. Pursuant to the authority of F.S. Ch. 166, entitled the Municipal Home Rule Powers Act, the town hereby designates and establishes the Planning and Zoning Board of the town, which shall have the functions, powers and duties as hereinafter provided.

   (B)   Composition of the Planning and Zoning Board.

      (1)   The Planning and Zoning Board, also acting as the Local Planning Agency, shall consist of five regular members in seats 1, 2, 3, 4, and 5; two alternate members in seats 1 and 2; and an additional non-voting member who is a representative of the County School District. The Town Council shall appoint all regular and all alternate members of the Planning and Zoning Board. The County School Board shall appoint the additional member of the Planning and Zoning Board that serves as the representative of the County School District, pursuant to the requirements mandated by F.S. § 163.3174. Unless the absence is excused by the Planning and Zoning Board, the attendance of the school district’s representative is required for all meetings of the Planning and Zoning Board at which the Board considers rezonings that would, if approved, increase residential density on the property that is the subject of the application. The only qualifications for membership of the regular and alternate members of the Planning and Zoning Board shall be either residency in the town or ownership of real property within the town limits, or ownership of shares of stock as a shareholder of the Briny Breezes, Inc. corporation, the attainment of the age of majority, good moral character, and a willingness and interest to serve on the Board.

      (2)   The members of the Board, other than the representative of the school district, shall be placed in office as follows.

         (a)   Each year at the first meeting following the annual election, the Town Council shall appoint the persons who will serve as members of the Board as follows: in odd years, appointments for seats 1, 3, and 5, and alternate seat 1 shall be made for a term of two years; in even years, appointments for seats 2 and 4, and alternate seat 2 shall be made for a term of two years. In order to effectuate the staggered seat terms, for calendar year 2023, the first two-year appointments to seats 1, 3, and 5, and alternate seat 1 shall be made; and in addition, one-year appointments to seats 2 and 4, and alternate seat 2 shall also be made.

         (b)   Whenever the list of candidates presents the opportunity to do so, the Town Council shall select the members of the Board from a list of candidates, which shall be arranged in reference to the candidate’s residence or ownership of real property in each of the several residential zoning districts of the town. The Town Council and all property owners and residents in the town may submit the names of interested parties to be included on said list of candidates.

         (c)   Whenever the list of candidates presents the opportunity to do so, the Town Council shall select four of the five regular members of the Board on the basis of their individual residency or ownership of real property in one of four residential zoning districts, so that one regular member each shall either reside or own real property in Residential Zoning District I, District II, District III and District IV of the town.

         (d)   The fifth regular member and the two alternate members of the Board shall be appointed by a majority vote of the Town Council from the list of candidates at large, which members may reside in any residential zoning district of the town or own Briny Breezes, Inc. corporate shares.

         (e)   The alternate seat designated as seat number 1 shall have priority over the alternate seat designated as seat number 2 for eligibility for voting privileges. Alternate members may sit and participate at all Board meetings for purposes of discussion but shall only have motion and voting privileges when a regular member is absent and shall always count toward establishing a quorum of members present.

   (F)   Records. The Planning and Zoning Board shall keep and maintain a properly indexed record of its resolutions, transactions, findings and determination, which record shall be a public record.

   (G)   Financial support. The town shall provide the required financial support for the staffing and work of the Planning and Zoning Board, as the Town Council shall determine to be necessary by budget appropriation.

   (H)   Functions, powers and duties. The functions, powers and duties of the Planning and Zoning Board shall include and be in conformity with the provisions of F.S. §§ 163.3161 et seq., as may be necessary to the proper functioning of this Board under the Briny Breezes Land Development Code and all the amendments thereto, and the Local Government Comprehensive Planning Act including the preparation and recommendation for adoption of an evaluation and appraisal report and amendments to the Comprehensive Plan for the town.

   (I)   Preparation of zoning changes. The Board shall have available for processing and public hearing such zoning ordinances which the town may require, which shall be in proper form and content for the Board to recommend to the Town Council for adoption. Such zoning ordinances shall set the boundaries to the various zoning districts and contain appropriate regulations to be enforced therein.

   (J)   Hearings and recommendations. The Planning and Zoning Board shall hear and make recommendations to the Town Council and/or the Board of Adjustment on applications and project assignments for the following matters:

      (1)   Comprehensive Plan and Plan amendments when acting as the Local Planning Agency;

      (2)   Evaluation and appraisal reports and amendments when acting as the Local Planning Agency;

      (3)   Changes to the zoning ordinances and rezoning;

      (4)   Special permits;

      (5)   Site plan review of all development or subdivision requests;

      (6)   Transfer of development rights;

      (7)   Special exceptions permitted within each zoning district; and

      (8)   Variance requests.

   (K)   Recommending conditions. After completing its review and public hearing of the applications on the matters within its jurisdiction, the Planning and Zoning Board may recommend appropriate conditions, restrictions, limitations and safeguards it deems necessary or desirable to accomplish the following:

      (1)   Ensure that the application would not generate undue noise, excessive traffic, over crowding, nuisance, safety hazard or other adverse impact;

      (2)   Maintain the present and future land use plan and/or use trend of the subject area;

      (3)   Produce minimum visual pollution; and

      (4)   Allow adequate provisions for public requirements, including, but not limited to, transportation, water supply, drainage and sanitation, and for orderly growth.

   (L)   Authority of the Board. The actions, decisions and recommendations of the Board shall not be final or binding on the Town Council but shall be advisory only.

   (M)   Report by Board. Within 30 days after any application or referral for a review, for a requested report or for a hearing regarding a Planning and Zoning Board matter, the Board shall hold a public hearing, and record its review, analysis and recommendations in written form. The Board shall promptly forward same to the Town Council, which shall hold a public hearing thereon within 30 days thereafter.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007; Ord. 1-08, passed 2-28-2008; Ord. 3-2011, passed 12-20-2011; Ord. 01-2022, passed 4-28-2022)

   (A)   Local Planning Agency established.

      (1)   Generally. Pursuant to the authority of F.S. §§ 163.3161 et seq., entitled the “Local Government Comprehensive Planning and Land Development Act”, the town hereby designates and establishes the Local Planning Agency of the town. Pursuant to F.S. § 163.3174, entitled “Local Planning Agency”, the Town Council hereby appoints and designates the members of the Planning and Zoning Board together with an additional non-voting member who is a representative of the County School District, to serve as the members of the Local Planning Agency of the town, which shall hereafter be referred to as the LPA. The County School Board shall appoint the additional member of the Local Planning Agency that serves as the representative of the County School District, pursuant to the requirements mandated by F.S. § 163.3174. Unless the absence is excused by the LPA, the attendance of the School District’s representative shall be required for all meetings of the Local Planning Agency at which the LPA considers Comprehensive Plan amendments that would, if approved, increase residential density on the property that is the subject of the application. This appointment is for all purposes required by the said Local Government Comprehensive Planning and Land Development Regulation Act for the representative of the County School District and the members of the Planning and Zoning Board to act and serve as the LPA in regard to the Comprehensive Plan, Plan amendments and the preparation and amendments of the Evaluation and Appraisal Report.

      (2)   Officers and minutes of the meetings. The LPA shall elect a Chairperson and a Vice Chairperson from among its regular members. The LPA shall appoint a Secretary, who may be a member of the LPA, the Town Clerk, a contract worker or a volunteer, who shall keep the minutes of the meetings and proceedings of the LPA. The Chairperson shall be responsible for the prompt sending of a copy of the approved minutes of each meeting of the LPA to the Town Council and to be available at the meeting of the Town Council to keep the members of Town Council fully informed of the LPA’s meetings, work and related activities.

      (3)   Meetings. The LPA shall meet at regular intervals to be determined by it and at such other times as the Chairperson of the LPA shall determine. All meetings shall be public.

      (4)   Rules of conduct. The conduct of business by the LPA shall be governed by Robert’s Rules of Order Newly Revised, latest edition, and such further rules as it may adopt

      (5)   Records. The LPA shall keep and maintain a properly indexed record of its resolutions, reports, recommendations, transactions, findings and determinations, which record shall be a public record.

   (B)   Dual function. Whenever the proper application of the law requires it, the actions of the Planning and Zoning Board, together with the representative of the school district, shall be made and performed as those of the LPA. All powers and authority hereinafter specified for the LPA shall be equally proper to and enjoyed by the Planning and Zoning Board in matters not related to the Comprehensive Plan.

   (C)   Functions, powers and duties.

      (1)   Generally. The functions, powers and duties of the representative of the school district and the Planning and Zoning Board acting as the LPA shall be in conformity with the provisions of F.S. §§ 163.3161 et seq., entitled the “Local Government Comprehensive Planning and Land Development Act” and as hereinafter set forth. The LPA shall also perform any other functions, duties and responsibilities assigned to it by the Town Council or by general or special law.

      (2)   Preparation of the Comprehensive Plan and amendments. The Town Council, in cooperation with the LPA, may designate any agency, committee, department or person to prepare the Comprehensive Plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the Town Council shall be the responsibility of the LPA.

   (D)   Information gathering. The LPA shall acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions and the forces at work which cause changes in these conditions. Such information and material may include maps and photographs of human- made and natural physical features of the areas concerned, statistics on past trends and present conditions of population, property values, economic base, land use and data important in determining the amount, direction and kind of development to be expected in the area.

   (E)   Comprehensive Plan Program. The LPA shall have the general responsibility for the conduct of the comprehensive planning program, be the agency responsible for the preparation of the Comprehensive Plan, and make recommendations to the Town Council regarding the adoption of such plan or element or portion thereof.

   (F)   Monitor Comprehensive Plan. The LPA shall monitor and oversee the effectiveness and status of the Comprehensive Plan and recommend to the Town Council such changes in the Comprehensive Plan as may from time to time be required, including the preparation of any periodic reports as may be required by law.

   (G)   Review Land Development Code. The LPA, acting as the Land Development Regulation Commission, shall review proposed Land Development Codes, or amendments thereto and make recommendations to the Town Council as to the consistency of the proposal with the adopted Comprehensive Plan or element or portion thereof.

   (H)   Establish policies. The LPA shall establish principles and policies for guiding action in the development of the town.

   (I)   Conduct public hearings.

      (1)   Generally. The LPA shall conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive Plan and such additional public hearings as are specified under the provisions of this subchapter.

      (2)   Public participation in the comprehensive planning process; intent; alternative dispute resolution.

         (a)   It is the intent of the town that the public participate in the comprehensive planning process to the fullest extent possible. Towards this end, the Town Council, the Local Planning Agency, the Land Development Regulation Commission, and the Planning and Zoning Board of the town adopt procedures contained in F.S. § 163.3181 by reference, as if fully set forth herein, in order to provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property. The provisions and procedures hereby adopted are the minimum requirements towards this end.

         (b)   During consideration of the proposed Comprehensive Plan or amendments thereto by the Local Planning Agency or by the Town Council, the procedures shall provide for broad dissemination of the proposals and alternatives, opportunity for written comments, public hearings as provided herein, provisions for open discussion, communications programs, information services and consideration of and response to public comments. No amendment to the Comprehensive Plan shall be adopted until after a public hearing with due public notice at which citizens and parties having interest shall have an opportunity to be heard. At the public hearings, all persons interested shall be heard for or against the proposal and any changes or revisions thereof. The public hearings may be adjourned from time to time until the completion and final adoption thereof.

         (c)   In the event that the Town Council considers undertaking a publicly financed capital improvement project it shall use the procedures herein set forth for the purpose of allowing public participation in the decision and resolution of disputes. For the purpose of this chapter, a PUBLICLY FINANCED CAPITAL IMPROVEMENT PROJECT is hereby defined as a physical structure or structures, the funding for construction, operation and maintenance of which is financed entirely from public funds.

            1.   Prior to the date of a public hearing on the decision on whether to proceed with the proposed project the Town Council shall publish public notice of its intent to decide the issue according to the notice procedures described by F.S. § 166.041(3)(c)2.b.

            2.   By the Town Council’s use of this process, an affected person may not institute or intervene in an administrative hearing objecting to the project as not consistent with the town’s Comprehensive Plan unless, and then only to the extent to which, the affected person raised, through written or oral comments, the same issues between the date of publication of the public notice and the conclusion of the public hearing; however, this limitation shall not apply to issues arising either from significant changes to the location, type or use of the project, or to significant new information about the project site which becomes known after the public hearing as a result of subsequent site study and analysis, if required.

            3.   If an affected person requests an administrative hearing pursuant to F.S. §§ 120.569 and 120.57, that person shall file the petition no later than 30 days after the public hearing or no later than 30 days after the change or new information is made available to the public, whichever is later. Affected local governments, the state land planning agency or other affected persons may intervene, if provided by law, and the provisions of the Administrative Procedure Act shall govern the proceedings and the final disposition thereof.

         (d)   In the event that the town denies an owner’s request for an amendment to the Comprehensive Plan which is applicable to the property of the owner, the town shall afford an opportunity to the owner for informal mediation or other alternative dispute resolution. The costs of the mediation or other alternative dispute resolution shall be borne equally by the town and the owner. If the owner requests mediation, the time for bringing a judicial action shall be tolled until the completion of the mediation or 120 days, whichever is earlier.

   (J)   Report by LPA. As promptly as possible, but at least within 30 days after receipt from the Town Council or other official source of any application or referral for a review, for a requested report or for a hearing regarding a LPA matter, the LPA shall hold a public hearing, and record its review, analysis and recommendations in written form. When the Town Council requests the LPA to prepare recommendations for projects which are complex and require a lengthy time for completion, such as preparation of the town’s evaluation and appraisal report and amendments to the Comprehensive Plan, the LPA may hold a series of meeting over an extended period as may be needed to accomplish the entire task. In such instances, the LPA shall make its recommendations to the Town Council on such portions of the protect as the LPA may complete in each stage of its progress together with its final recommendation on the complete document or amendment at the end of the LPA’S work. All recommendations by the LPA shall be promptly forwarded same to the Town Council. Upon receipt of recommendations from the LPA the Town Council shall make reasonable and timely provision for taking action thereon.

   (K)   Special studies. The LPA shall make or cause to be made any necessary special studies on the location, condition and adequacy of specific facilities in the area. These may include, but are not limited to, studies on housing, commercial and industrial conditions and facilities, public and private utilities, and traffic, transportation and parking.

   (L)   Authority of LPA. The actions, decisions and recommendations of the LPA shall not be final or binding on the Town Council but shall be advisory only.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007; Ord. 1-08, passed 2-28-2008)

   (A)   Board of Adjustment created. Pursuant to the authority of F.S. Ch. 166 entitled the Municipal Home Rule Powers Act, the town hereby designates and establishes the Board of Adjustment of the town, which shall have the functions, powers and duties as hereinafter provided.

   (B)   Composition. The Board of Adjustment shall consist of the six members who serve as the Mayor and Council members of the Town Council. The Board shall function under the same voting procedures and requirements applicable to the Town Council. The members of the Town Council shall serve as members of the Board during the duration of each of their terms of office as Mayor and Council members, and thereafter their membership on the Board shall pass to their respective successors in office on the Town Council.

   (C)   Functions, powers and duties. The functions, powers and duties of the Board of Adjustment shall be to hear and determine appeal of administrative decisions and decide applications for variances as hereinafter set forth.

   (D)   Appeal of administrative decisions. The Board of Adjustment shall have the power and authority to hear and decide appeals brought by any person aggrieved by any administrative decision interrupting the Land Development Code. Such administrative appeals shall be processed on a summary basis and shall be made by the aggrieved party’s direct application to the Board in such cases where it is alleged there is an error in any order, requirement, decision or determination made by the town’s Building Official or Zoning Official in the enforcement of the Land Development Code.

   (E)   Authority of Board on administrative appeals. All decisions of the Board shall be by a motion. The decision of the Board of Adjustment shall be rendered within 30 days after review and shall be final and binding action on all parties as to administrative decisions.

   (F)   Deciding applications for variances. The Board of Adjustment shall have the power and authority to hear and decide applications for a variance, brought by any person submitting an application showing grounds for such relief. The Board is authorized, upon application in specific cases, to issue a variance from the terms of the Land Development Code as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary hardship; however, the Board of Adjustment shall not be empowered or authorised to grant a variance to permit a use in a zone or district in which such use is not permitted by this code.

   (G)   Authority of Board of Adjustment on variances. In exercising the above mentioned powers, said Board may, in conformity with the provisions of this subchapter, reverse or affirm, or modify the order, requirement, decision or determination as ought to be made. The decision of the Board of Adjustment shall be rendered within 30 days after review and such decision by the Board shall be final and binding town action on all parties thereto.

   (H)   Meetings and procedures are public. All meetings of the Board of Adjustment shall be advertised public hearings open to the public.

   (I)   Testimony of witnesses. The Board Chairperson, or Vice Chairperson, or acting Chairperson, may administer oaths and compel the attendance of witnesses and their testimony concerning the matters of the proceedings in the same manner prescribed in the Circuit Court.

   (J)   Minutes of proceedings. Minutes will be kept of all public meetings and proceedings of the Board and shall include and state the vote of each member on each question. The motions made shall state the reason upon which it is made, and such reason or reasons shall be based upon the prescribed guides and standards of good planning and zoning principles. If a member is absent or abstains from voting, the minutes shall so indicate.

   (K)   Public records. The Board shall keep accurate records of its public hearings, together with its minutes and resolutions, and the same shall be open for public inspection at reasonable times and hours.

(Ord. 1-90, passed 1-31-1991)

   (A)   Positions created. The staff positions of Building Official and Zoning Official of the town are hereby created.

   (B)   Building Official’s duties. The Building Official shall assist the Town Council in the performance of the duties of the office to supervise the administration and enforcement of the Building and Construction Codes of the town.

   (C)   Zoning Official’s duties. The Zoning Official shall assist the Town Council in the performance of the duties of the office to supervise the administration of this chapter, to enforce the Zoning Code, and to monitor the procedures for all applications for development approval thereunder.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007)