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Cedar Key City Zoning Code

ARTICLE XI

BOARDS AND AGENCIES

4-11.00.01. - Boards Established.

The following boards and agencies are created to administer the provisions of this Code under the authority prescribed by this Code and Florida Law.

4-11.01.01. - Creation and Authority.

Pursuant to and in accordance with the "Local Government Comprehensive Planning and Land Development Regulation Act," F.S. ch.163, pt. II, the City of Cedar Key, Planning Board is hereby established. The Planning Board shall have all powers and duties enumerated by this Code and the laws of the State of Florida, as set forth below.

4-11.01.02. - General Functions, Powers and Duties.

The Planning Board shall have the following general functions, powers and duties:

A.

To serve as the Local Planning Agency pursuant to F.S. § 163.3174.

B.

To serve as the Land Development Regulation Commission as defined at F.S. § 163.3164(22).

C.

To consider, at least semiannually in June and November of each year, requests and proposals for amendments to the Comprehensive Plan in accordance with the provisions of F.S. §§ 163.3184 and 163.3187.

D.

To annually review, modify and update the Capital Improvements Element of the Comprehensive Plan as provided in F.S. § 163.3177(3)(a)3(b) and to incorporate the costs and revenue sources established therein in the annual City budget.

E.

To conduct an appraisal and evaluation of the Comprehensive Plan in accordance with F.S. § 163.3191.

F.

To oversee the operation, effectiveness and status of this Code and to consider amendments that are consistent with, implement and further the intent of the adopted Comprehensive Plan.

G.

To conduct public hearings to gather information necessary for the drafting, establishment, amendment, and maintenance of the various elements of the Comprehensive Plan and provisions of this Code.

H.

To keep the general public informed and advised on the land use plan and policies of the City.

I.

To obtain and maintain information on population, property values, the local economy, land use, resource impacts, growth, development and other information necessary to assess the amount, type, direction and impact of development to be expected in the City.

J.

To perform other lawfully assigned duties.

4-11.01.03. - Membership.

A.

The City Commission shall serve as the Planning Board.

B.

Pursuant to F.S. § 163.3174(1), when acting as the Local Planning Agency, the Planning Board shall include one additional nonvoting member appointed by the Levy County School Board.

(History: Ord. Nos. 363, 439, 492, 532)

4-11.02.01. - Creation and Membership.

There is hereby created a Technical Review Committee which shall be composed of the Planning and Development Administrator who shall serve as chair, the engineer or supervisor of the Cedar Key Water and Sewer District, and one representative of the building or construction industry who shall serve as a volunteer and shall be appointed by the City Commission.

4-11.02.02. - General Functions, Powers and Duties.

The committee shall meet at the call of the chair to perform such functions as are given to the Committee elsewhere in this Code.

(History: Ord. No. 327)

4-11.03.01. - Creation and Membership.

A.

There is hereby created an Historic Preservation/Architectural Review Board. The City Commission, whenever possible, shall appoint citizen volunteer members representing two or more of the following areas of expertise:

Architecture, Engineering or Building Industry;

Urban Planning, Law, History or Real Estate.

B.

The Board shall consist of not less than three, nor more than five members and shall meet at the call of the chair. The Board shall elect one of its appointed members to act as chair. The length of terms of office shall be as provided for in Section 4-11.04.01 of this chapter, except that there shall be no limit to the number of consecutive terms a citizen member may serve.

(History: Ord. Nos. 384, 420, 454)

4-11.03.02. - General Functions, Powers and Duties.

The Historic Preservation Board shall review development proposals for visual compatibility, advise the City Commission on the regulation of historic buildings in Cedar Key, make recommendations to the City Commission regarding additions or deletions to the Local Register of Historic Places, and shall conduct hearings and issue final orders on applications for certificates of appropriateness.

A.

The Historic Preservation Board of Cedar Key must conduct a minimum of four meetings per year.

B.

Minutes from each meeting must be recorded and maintained in accordance to City Regulations. These minutes will be held as public record.

C.

It is encouraged for Historic Preservation Board members attend pertinent informational or educational meetings, workshops, or conferences. Board members are also encouraged to participate in survey and planning activities.

D.

The Historic Preservation Board should review proposed National Register nominations within the City of Cedar Key jurisdiction.

E.

The Historic Preservation Board should seek expertise on proposals or matters requiring evaluation by a profession not represented on the Historic Preservation Board.

F.

A City of Cedar Key staff member will undertake the requirements for certification and carry out delegated responsibilities

G.

Commission responsibilities complementary to those of the State Historic Preservation Office. The State Historic Preservation Officer will be provided with 30 calendar day notice prior to all meetings and meeting minutes will be submitted within 30 calendar days along with a record of attendance.

H.

Membership changes to the Historic Preservation Board will be submitted within 30 calendar days of action. New Historic Designations or alterations to existing designations will be notified to the State Historic Preservation Officer immediately. Amendments to ordinance to the State Historic Preservation Officer for review and comment will be provided with at least 30 calendar days prior to adoption.

I.

The Historic Preservation Board will initiate and continue to identify Historic Properties within the City of Cedar Key and inventory with the Florida Site File database.

J.

The contributing site list will be maintained and updated periodically within the City of Cedar Key and held as public record. Duplications of all inventory materials will be provided to the State Historic Preservation Office.

K.

Any National Register nominations will provide local officials, owners of record, and applicants a minimum of 30 calendar days and not more than 75 calendar days' notice to Historic Preservation Board meetings. All object ions by property owners must be notarized to prevent nomination to t he National Register.

L.

An annual report will be submitted by November 1 covering all activities of previous fiscal year of October 1 through September 30. The annual report must include; (i) a copy of the Rules of Procedure; (ii) a copy of historic preservation ordinance; (iii) resume of Commission members; (iv) changes to the Board; (v) new Local designations; (vi) new National Register listings; (vii) review of survey and inventory activity with a description of the system used; (viii) program report on each grant-assisted activity; (iv) number of projects reviewed.

4-11.04.01. - Terms of Office.

Except as may otherwise be provided under the section of this Code applicable to a board or committee, each citizen member of a board or committee shall be appointed to a three year term, except that, initially, one-third of the appointed members shall serve a two year term and one-third shall serve a one year term. No person may serve more than two consecutive three year terms. Persons disqualified by this provision may be re-appointed after one year elapses after the expiration of the second full term of service. Elected officials and staff members from governmental agencies shall be exempt from the term of office provisions required herein so long as they continue to hold the elected or staff office.

(History: Ord. No. 420)

4-11.04.02. - Code of Ethics.

Members of committees, boards and agencies shall be governed by F.S. ch. 112, pt. III, Code of Ethics for Public Officers and Employees.

4-11.04.03. - Removal and Replacement.

Members may be removed without notice and without assignment of cause by a majority vote of the City Commission. The City Commission shall appoint a substitute member when a position becomes vacant.

4-11.04.04. - Procedures.

Each board shall adopt rules of procedure to carry out its purposes. All rules must conform to this Code, the City Charter, other City ordinances and State Law, including F.S. § 286.011, Public Meeting and record. Each board shall keep minutes and written findings on each proposal, indicating the attendance of each member, and the decision on each question. Each decision must be approved by a majority vote of the members present at a duly called meeting in which a quorum is in attendance and voting. A quorum shall consist of a majority of the members of the board or committee.

4-11.05.01. - Creation.

There is hereby created a Planning and Development Department which shall succeed and incorporate the functions of the Building and Zoning Department under the direction and control of the City Commission. The Department shall perform all functions relating to administration of this Code.

4-11.05.02. - Planning and Development Administrator.

There is hereby established the position of Planning and Development Administrator to be appointed by and serve at the pleasure of the City Commission. The Administrator shall perform the duties and responsibilities prescribed by this Code, including, but not limited to, the following:

A.

Planning. The Administrator shall be responsible for Comprehensive Planning and, in cooperation with the Office of the City Clerk, shall assist in the programming and preparation of the Annual Capital Improvements Plan. The Administrator shall schedule all applications before the Planning Board, the Land Development regulation Commission and/or City Commission.

B.

Development. The Administrator shall be responsible for the implementation of this Land Development Code including, but not limited to, the following:

1.

Receive all applications for development approval.

2.

Determine the completeness of development applications.

3.

Conduct all pre-application conferences.

4.

Serve as chairman of the Technical Review Committee and schedule all applications before the committee. Upon a majority vote of the committee, the Administrator may approve any application for development which does not otherwise require the approval of any other board or agency.

5.

Serve as staff to the Historic Preservation/Architectural Review Board and schedule all applications before the board.

6.

Ensure that proper notice is given prior to all hearings on development applications.

7.

Ensure that all time limits prescribed by this Code are met.

8.

Monitor the progress of all development applications through the review process and be available to respond to the queries of interested persons.

9.

Perform all other duties prescribed by this Code.

C.

Building Official. The Administrator shall perform the duties and exercise the powers of the Building Official as described in the Standard Building Code.

D.

Code enforcement. The Administrator shall perform the duties of Code Enforcement Officer.

(History Ord. No. 454)