A.

In addition to any general authority granted to city commission by state law, city commission shall have the following powers and duties:

1.

To approve, approve with modifications, or deny development orders for Developments of Regional Impact (DRIs);

2.

To enter into development agreements;

3.

To execute final plats prior to recording;

4.

To vacate and annul plats;

5.

To adopt and amend the comprehensive plan after recommendation by the planning and zoning board;

6.

To initiate, review and adopt amendments to this code, after recommendation by the planning and zoning board; and

7.

To take such other action not delegated to the Planning & Zoning Board or other appointed citizen board as City Commission may deem desirable and necessary to implement the provisions of these regulations and the Comprehensive Plan.

B.

The city commission shall act upon its powers and duties under this code by majority vote in regular or special session unless otherwise required by state statute.

It is the intent of city commission to designate certain citizen boards and to grant to these boards specific powers and duties under this code. This section describes general requirements for all boards appointed by city commission.

The City of Carrabelle Planning and Zoning Board shall consist of five members and two) alternates. One seat shall be designated to be appointed by each Commission member. In addition two alternate seats shall be appointed by a majority vote of the city commission.

1.

Two members shall be appointed for a term of two years each by two city commission members who have terms expiring in even numbered years.

2.

Three members shall be appointed for a term of three years each by the three city commission members who have terms expiring on odd numbered years.

3.

Alternates shall be appointed for a term of two years.

4.

Appointments shall be for terms of two years.

When a seat becomes vacant before the end of the term, the appointing city commission member or successor shall appoint a substitute member for the remainder of the unexpired term of office.

The planning and zoning board shall elect a chairman and vice chairman from among its members. The board shall appoint a secretary who may be the administrator or his designated representative.

The board shall meet at regular intervals to be determined by it and at such other times as the chairman or board may determine. The board shall adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transactions, findings and determinations.

Members shall not be compensated, but may be reimbursed for travel and other expenses incurred on approved board business with prior approval of the city manager.

If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the board shall declare the members seat vacant and notify the city commission and the member.

Members may be removed without notice and without assignment of cause by a majority vote of the city commission.

A.

The planning and zoning board shall study and recommend the comprehensive plan for the city made for the general purpose of guiding the orderly development of the city which will, in accordance with present and future needs, best promote the health, safety, morals, order, prosperity and general welfare of the city and the people thereof, and perform such other duties as directed by the city commission or ordinances of the city.

B.

The planning and zoning board shall review all requests for amendments to the zoning ordinance or to the zoning map and, when appropriate, initiate recommendations for zoning amendments. In the exercise of this duty, the board shall conduct any studies and analysis necessary for a determination, utilizing expert assistance when necessary, and shall hold public hearings. The planning and zoning board shall submit its recommendations to the city commission.

C.

Special exceptions:

1.

To hear requests for such special exceptions as the planning and zoning board is specifically authorized to make recommendations under the terms of this zoning ordinance; to decide such questions as are involved in the determination of when special exceptions should be granted; and to recommend to the city commission approval of special exceptions with appropriate conditions and safeguards; and to recommend denial of such requests when not in harmony with the purpose and intent served by this land development code.

2.

In recommending approval of a special exception, the planning and zoning board shall find that the special exception will not adversely affect the public interest. Only those uses listed in the district regulations as special exceptions may be considered.

3.

In the recommending approval of any special exception, the planning and zoning board may recommend appropriate conditions and safeguards in conformity with the standards set forth in the land development code, the City of Carrabelle Comprehensive Plan, and any other applicable land development regulations adopted by the city commission. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this code.

4.

The planning and zoning board may recommend a reasonable time limit within which the action for which the special exception was granted shall be commenced, completed or both. The planning and zoning board shall make recommendations to the city commission to approve, approved with conditions or deny special exceptions.

Pursuant to F.S. § 162.13, there is hereby created a "special master" for the City of Carrabelle, Franklin County, Florida which shall consist of one primary individual and one alternate appointed by the City Commission of Carrabelle. These individuals shall be residents of the City of Carrabelle and shall serve without compensation. The special master shall perform the functions of a code enforcement board on a case by case basis consistent with the provisions of F.S. ch. 162.

The appointment of a special master and alternate shall be for a term of two years. A special master may be reappointed by the city commission for one successive term. The alternate special master may be reappointed consecutively by the will of the commission; appointments to fill a vacancy of the primary special master shall be for the remainder of the unexpired term of office.

A special master may be suspended and removed from office by the commission.

The special master shall have the power conferred by Chapter 162, Florida Statutes, including the power to: 1. Adopt rules for the conduct of its hearings; 2. Subpoena alleged violators and witness to its hearing; 3. Subpoena records, surveys, plats and other documentary evidence; 4. Take testimony under oath; 5. Establish and levy fines pursuant to section 10.02.03.07 below; 6. Issue orders have the force of law to command whatever steps are necessary to bring violation into compliance.

The special master shall have jurisdiction to hear and decide alleged violations of all codes and ordinances in force in the city, including, but not limited to:

1.

City occupational licensing.

2.

Litter.

3.

Junk yards.

4.

House numbering.

5.

Signage.

6.

Fences.

7.

Hazardous waste.

8.

Lot clearing.

9.

Noise control.

10.

Nuisances.

11.

Animal control.

12.

Burn control.

The jurisdiction of the special master shall not be exclusive. The city commission may seek appropriate remedy in court at the option of the city commission judicial relief from the applicable court of law.

Regular "special master" proceedings shall occur on an as needed basis and will be scheduled on the first Thursday of each month at 5:00 p.m. (EST). Notice of hearing shall be posted publicly.

All notices required by this code shall be by certified mail return receipt requested or, when mail would not be effective, by hand delivery by the code enforcement officer.

1.

Upon scheduling of a hearing, the special master shall cause notice thereof to be furnished to the alleged violator. Such notice shall contain the time and place of the hearing and shall state the nature of the violation and reference to the appropriate code or ordinance.

2.

At the hearing, the burden of proof shall be upon the code enforcement officer(s) to show by a preponderance of the evidence that a violation does exist.

3.

Assuming proper notice of the hearing has been provided to the alleged violator as provided in 1. above, a hearing may proceed in the absence of alleged violator.

4.

All testimony shall be taken under oath and shall be recorded. The special master shall take testimony from the code enforcement officer and alleged violator and from such other witnesses as may be called by the respective sides.

5.

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings.

6.

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible.

7.

Any attorney representing the City of Carrabelle may inquire of any witness before the special master. The alleged violator, or his attorney, and the attorney representing the city shall be permitted to inquire of any witness before the special master and shall be permitted to present brief opening and closing statements.

8.

At the conclusion of the hearing, the special master shall issue findings of fact based upon evidence in the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted by F.S. ch. 162, and by this code. The order shall be stated orally at the meeting reduced to writing and mailed to the alleged violator within ten days following the hearing.

Minutes shall be maintained of all special master proceedings and hearings shall be open to the public. The office of the city clerk/auditor shall provide clerical and administrative support to the special master as may be necessary for the proper performance of his/her duties.

1.

An aggrieved party may appeal the final order of the special master to the city commission. Any such appeal shall be filed within 30 days of the execution of the order to be appealed.

2.

The city commission may limit the review to the record created before the special master or, if it deems desirable, receive additional evidence and testimony. The commission may, based upon their review of the facts and law, uphold or reverse the findings of fact and conclusions of law of the special master.

3.

An aggrieved party may appeal the final administrative order to the Franklin County Circuit Court. Such an appeal shall be limited to appellate review of the record created before the special master and the city commission.

4.

The special master shall, by rule establish reasonable charges to be paid by the appealing party for preparation of the record to be appealed.

If necessary, the commission shall provide legal counsel to the special master.

The city commission of the City of Carrabelle delegates the authority and responsibility for the administration of this code to the city manager in his/her capacity as chief executive officer of the city. The city manager may delegate at his/her discretion the powers and duties of administering this code to other city officials in accordance with his general authority and the specific provisions of this code.

The term "administrator" shall mean and be synonymous with the terms city manager, director of development, building official, director of utilities, their designee, or any other official designated by the city manager or authorized by this code to perform specific duties.

The building official shall have the following duties and powers:

1.

To administer building and construction codes and the permitting process to ensure compliance with such codes.

2.

To ensure compliance with such additional standards and requirement as shall be specified in this Code regarding signs, swimming pools, storage buildings, fences, construction standards for accessory uses and buildings.

3.

To ensure that conditions attached to final development orders shall be met prior to the certification of a building for occupancy.

4.

To perform such other duties and functions as required by the provisions of this code.

The city manager shall designate the person, official or entity to perform the duties of the building official.