In addition to other authority granted the City Commission by the Florida Constitution and State law, the City Commission shall have the following powers and duties under this Code:

A.

Decide Applications for a Development Permit or Approval. To review and decide the following applications for a development permit or approval:

1.

Text Amendment (Section 3.4.B);

2.

General Zoning District Map Amendment (Section 3.4.C);

3.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

4.

Historic Overlay Zoning District Map Amendment (Section 3.4.E);

5.

Planned Development (Section 3.4.F);

6.

Special Use Permit (Section 3.4.G);

7.

Public or Semipublic Use Permit (Section 3.4.H);

8.

Major Subdivision Preliminary Plat (Section 3.4.K.3);

9.

Final Plat (Section 3.4.K.5);

10.

Right-of-Way Vacation (Section 3.4.AA);

11.

Easement Abandonment (Section 3.4.BB);

12.

Excess Boat Slip Allocation (Section 3.4.BB.6); and

13.

Temporary outside activities and uses associated with a festival (Section 5.4.C.11).

B.

Decide Appeals.

1.

To review and decide an Appeal (Section 3.4.X) from:

a.

A decision by the Historic Preservation Board on a Certificate of Appropriateness; or

b.

A decision by the Redevelopment Board; or

c.

To review and decided an appeal from a decision by the City Manager acting as Floodplain Administrator (Section 6.15.C.13.b).

C.

Adopt Schedule of Development Review Fees. To approve, by resolution, a schedule of fees governing applications for a development permit reviewed under this Code.

D.

Other Powers. To take any other action not assigned or delegated to the Planning Board, Redevelopment Boards, Historic Preservation Board, Board of Adjustment, Beautification and Tree Advisory Board, Code Enforcement Board, Special Magistrates, Concurrency Appeals Board, Board of Building Codes, City staff, or other advisory or decision-making authority as the City Commission may deem desirable and necessary to implement the provisions of this Code.

A.

Establishment. The Planning Board is hereby established in accordance with Article III, Section 6, of the Charter of the City of Daytona Beach, and State law.

B.

Powers and Duties. The Planning Board shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To act as the City's local planning agency in accordance with State law and assume general responsibility for compliance with the City's comprehensive planning program, including the consistency of development regulations with the comprehensive plan;

b.

To work in conjunction with City staff to prepare the City's comprehensive plan and plan amendments, and to make final recommendations to the City Commission regarding the adoption or amendment of the plan;

c.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

d.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Applications for a Development Permit. To review and decide applications for a Major Site Plan (Section 3.4.I.2.b.i) when they involve land outside a Redevelopment district.

3.

Decide Appeals. To review and decide an Appeal of any development order, requirement, or determination by City staff, where the appeal alleges an error in interpretation of the meaning of a provision of this Code, or pertains to a City staff decision to modify exterior color and building design standards (Section 3.4.X).

4.

Make Recommendations on Applications for a Development Permit. To review and make a recommendation on the following applications for a development permit:

a.

Text Amendment (Section 3.4.B);

b.

General Zoning District Map Amendment (Section 3.4.C);

c.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

d.

Historic Overlay Zoning District Map Amendment (Section 3.4.E);

e.

Planned Development (Section 3.4.F);

f.

Special Use Permit (Section 3.4.G);

g.

Public or Semipublic Use Permit, unless proposed by the City (Section 3.4.H);

h.

Major Subdivision Preliminary Plat (Section 3.4.K.3); and

i.

Right-of-Way Vacation (Section 3.4.AA).

C.

Membership, Appointment, and Terms of Office.

1.

The Planning Board shall consist of seven voting members appointed by the City Commission as a whole.

2.

The Planning Board shall also include one nonvoting member appointed by the Volusia County School Board, to attend those meetings at which the board considers the following types of applications, if the application proposes increasing the residential density of land:

a.

Comprehensive plan amendment;

b.

General Zoning District Map Amendment (Section 3.4.C);

c.

Site-Specific Zoning District Map Amendment (Section 3.4.D); or

d.

Planned Development (Section 3.4.F).

3.

The board shall include at least one voting member from among the residents of each City Commission zone.

4.

All voting board members shall be residents of the City and qualified electors.

5.

Voting board members shall be appointed for four-year, staggered terms and may be reappointed to successive terms. All members shall continue to serve until their successors are appointed.

6.

Vacancies among voting members occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only. Replacement members shall be appointed from among residents of a City Commission zone that has only one current resident member on the Planning Board.

7.

Board members shall serve without compensation.

D.

Attendance. If a member of the Planning Board fails to attend three regularly scheduled board meetings during any 12-month period, the Planning Board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.2.C.6.

E.

Removal. Planning Board members serve at the will of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.2.C.6.

F.

Chair and Vice-Chair.

1.

The Planning Board shall elect a Chair and a Vice-Chair from among its voting members, each to serve a one-year term. No member shall serve more than two consecutive terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Planning Board and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Planning Board shall adopt a schedule establishing the date, time, and location of regular meetings. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

2.

Official Record. The Planning Board shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Planning Board meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Planning Board shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Four members of the Planning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Planning Board members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Planning Board may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

A.

Establishment. The following Redevelopment Boards are hereby established:

1.

Downtown Redevelopment Board, to serve the Downtown Redevelopment Area and the Ballough Road Redevelopment Area;

2.

Beachside Redevelopment Board, to serve the Main Street Redevelopment Area and the South Atlantic Redevelopment Area; and

3.

Midtown Redevelopment Board, to serve the Midtown Redevelopment Area.

B.

Powers and Duties. Each Redevelopment Board shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

b.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Applications for a Development Permit. To review and decide the following applications for a development permit when they involve land within a Redevelopment district located within the Redevelopment area the board serves:

a.

Major Site Plan (Section 3.4.I.2.b.i).

3.

Decide Appeals. To review and decide appeals from a final decision by City staff on the application of redevelopment design standards, standards for specific principal, accessory, or temporary uses, modified use standards, modified intensity and dimensional standards, or other standards to land within a Redevelopment district located within the Redevelopment area the board serves.

4.

Make Recommendations on Applications for a Development Permit. To review and make a recommendation on the following applications for a development permit when they involve land within a Redevelopment district located within the Redevelopment area the board serves:

a.

General Zoning District Map Amendment (Section 3.4.C);

b.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

c.

Historic Overlay Zoning District Map Amendments (Section 3.4.E);

d.

Planned Development (Section 3.4.F); and

e.

Special Use Permit (Section 3.4.G).

C.

Membership, Appointment, and Terms of Office.

1.

Each Redevelopment Board shall consist of seven regular members appointed by the City Commission as a whole, plus one Planning Board member who shall serve as an ex officio non-voting member.

2.

The seven regular members of a Redevelopment Board shall be appointed in accordance with the following representation requirements:

a.

For the Downtown Redevelopment Board, members shall include:

i.

Six members who reside or have their principal place of business in either the Downtown Redevelopment Area or the Ballough Road Redevelopment Area; and

ii.

One member of the Downtown Development Authority, who shall serve ex officio.

b.

For the Beachside Redevelopment Board, members shall include seven members who reside or have their principal place of business in either the Main Street Redevelopment Area or the South Atlantic Road Redevelopment Area.

c.

For the Midtown Redevelopment Board, members shall include seven members who reside or have their principal place of business in the Midtown Redevelopment Area.

3.

A majority of board members shall be residents of the City.

4.

Members shall be appointed to two-year staggered terms and may be reappointed to successive terms.

5.

No member, except ex-officio members, shall serve more than two consecutive terms.

6.

Members shall continue to serve until their successors are appointed.

7.

Vacancies shall be filled for the period of the unexpired term only. Replacement members shall be appointed so as to retain the representation requirements specified in subsections 1 and 2 above.

8.

Board members shall serve without compensation.

D.

Attendance. If a member of a Redevelopment Board fails to attend three regularly scheduled board meetings during any 12-month period, the board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.3.C.7.

E.

Removal. Redevelopment Board members serve at the will of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.3.C.7.

F.

Chair and Vice-Chair.

1.

Each Redevelopment Board shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. No member shall serve more than two consecutive terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Redevelopment Boards and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. Each Redevelopment Board shall adopt a schedule establishing the date, time, and location of regular meetings. Regular meetings may be cancelled upon a determination that there are no applications requiring consideration by the board. Staff may call special meetings of the board as needed.

2.

Official Record. Each Redevelopment Board shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Redevelopment Board meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of a Redevelopment Board shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Four members of a Redevelopment Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Redevelopment Board members present and voting is required to approve any item.

3.

Waiver. When a development permit has been placed on a regular Redevelopment Board meeting agenda for review and a Redevelopment Board fails to have a quorum to review the request, the requirement for Redevelopment Board review is waived and the development permit can proceed to the Planning Board and City Commission for review and action.

J.

Voting.

1.

All board members shall comply with State law regarding voting conflicts.

2.

All applications shall be voted upon their merits within 30 days of the item being placed on a board meeting agenda unless the applicant waives this provision or good cause is shown.

K.

Rules of Procedure. Each Redevelopment Board may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State law regarding sunshine requirements.

(Ord. No. 2024-189, § 1, 5-15-2024)

A.

Establishment. The Historic Preservation Board is hereby established to serve as the primary body responsible for furthering historic preservation within the City. The board shall provide for and protect the resources of the City having special historic, community, architectural, or archaeological value.

B.

Powers and Duties. The Historic Preservation Board shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To adopt bylaws and rules governing its proceedings, conduct regular public meetings, call special meetings;

b.

To establish, maintain, and update the official local register of historic sites and districts;

c.

To review and comment on any nominations to the National Register of Historic Places;

d.

To advise and assist owners of historic sites or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and procedures for listing on the local register and National Register of Historic Places;

e.

To develop programs to stimulate public interest in urban neighborhood conservation, and to participate in the adoption and amendment of Codes, ordinances, procedures, and programs that reflect urban neighborhood conservation policies and goals;

f.

To explore funding and grant sources which might be available for the identification, protection, enhancement, perpetuation, and use of historic, architectural, archaeological, and cultural resources, and to advise property owners of availability of funds or grants;

g.

To develop additional design guidelines for alteration, construction, or relocation of individual sites and structures within specific historic districts where necessary or appropriate;

h.

To work with agencies at all levels of government in planning proposed and future projects to reflect the concerns and policies expressed herein and assist in the development of proposed and future land use plans;

i.

To confer recognition upon the owners of individual sites or property or structures within historic districts by means of certificates, plaques, or markers;

j.

To participate in pertinent informational or educational meetings, workshops, or conferences;

k.

To undertake any other action or activity necessary or appropriate to the implementation of its power and duties or to implementation of the purpose of historic preservation, including requesting independent expertise and advice from professionals and to assure adequate support to become a certified local government capable of performing the duties required by the certified local government program; and

l.

To assist staff to provide any appropriate documentation, including this Code, the local register of historic places and sites, and any surveys and zoning maps of those sites designated as historic, to FEMA and any other catastrophe management organization in the event a disaster triggering extraterritorial assistance affects the City;

m.

To provide a report to the State Historic Preservation Officer by November 1 of each year for the prior period from October 1 through September 30, to include at least:

i.

A copy of the rules of procedure;

ii.

A copy of the historic preservation provisions of this Code;

iii.

Resumes of board members;

iv.

Changes to the board's membership;

v.

Newly designated historic properties;

vi.

New National Register listings within the City;

vii.

A review of survey and inventory activity describing the system used to survey and inventory;

viii.

A program report on each grant-assisted activity; and

ix.

The number of projects reviewed.

n.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Applications for a Development Permit. To review and decide applications for a Major Certificate of Appropriateness (Section 3.4.J.3).

3.

Nominate and Make Recommendations on Individual Sites and Districts to the Local Register of Historic Places and for Historic Overlay Zoning. To review, nominate, make a recommendation, and submit documentation to the Planning Board and City Commission on individual sites and districts proposed for listing on the local register of historic places and classification as a Historic Overlay zoning district (Section 3.4.E).

4.

Make Recommendations on Application for a Development Permit. To review and make a recommendation on the following applications for a development permit when they involve land within a Historic Overlay district:

a.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

b.

Planned Development (Section 3.4.F);

c.

Special Use Permit (Section 3.4.G); and

d.

Major Subdivision Preliminary Plat (Section 3.4.K.3).

C.

Membership, Appointment, and Terms of Office.

1.

The Historic Preservation Board shall consist of nine members appointed by the City Commission as a whole.

2.

Board members shall include one member nominated by each City Commissioner and two members nominated by the Mayor. Members shall be appointed on the basis of civic pride, integrity, experience, interest in historic preservation, and the requirements necessary for the City to maintain status as a Certified Local Government. At least one member shall be an architect.

3.

A majority of board members shall be residents of the City.

4.

Board members shall be appointed for three-year, staggered terms, and may be appointed to successive terms. Members shall continue to serve until their successors are appointed.

5.

All vacancies shall be filled within 60 days unless an extension is granted by the State Historic Preservation Officer. Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only. If a vacating member was nominated by a particular City Commissioner, the replacement member also shall be nominated by that commissioner.

6.

When new members are appointed to the board, information about the member shall be forwarded to the State Historic Preservation Officer within 30 days after appointment.

7.

Board members shall serve without compensation.

D.

Attendance. If a member of the Historic Preservation Board fails to attend three regularly scheduled board meetings during any 12-month period, the board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.4.C.5.

E.

Removal. Historic Preservation Board members serve at the pleasure of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.4.C.5.

F.

Chair and Vice-Chair.

1.

The Historic Preservation Board shall elect a Chair, a Vice-Chair, and a Secretary from among its members, each to serve a one-year term. No member shall serve more than two consecutive terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings and shall have the right to vote. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Historic Preservation Board and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Historic Preservation Board shall adopt a schedule establishing the date, time, and location of regular meetings. Regular meetings may be cancelled upon a determination that there are no applications requiring consideration by the board. Staff may call special meetings of the board as needed.

2.

Official Record. The Historic Preservation Board shall keep a public record of its resolutions, proceedings, and actions. The public record shall be available to the public. Minutes of all board meetings and a record of attendance of both board members and the public at the meetings shall be provided to the State Historic Preservation Officer within 30 days after the meeting.

3.

Notice of Meetings. All Historic Preservation Board meetings shall be publicly announced and notice of all board meetings shall be provided to the State Historic Preservation Officer and the public at least 30 days before the meeting, and in accordance with the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, where appropriate.

4.

Open Meetings. All meetings of the Historic Preservation Board shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Five members of the Historic Preservation Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of the Historic Preservation Board members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Historic Preservation Board may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

A.

Establishment. The Board of Adjustment is hereby established in accordance with Article III, Section 6, of the Charter of the City of Daytona Beach, and State law.

B.

Powers and Duties. The Board of Adjustment shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

b.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Applications for a Development Permit. To review and decide applications for a Variance (Section 3.4.V).

3.

Decide Appeals. To review and decide an Appeal of any development order, requirement, or determination by City staff, where the appeal requests a determination of disputed facts (Section 3.4.X).

C.

Membership, Appointment, and Terms of Office.

1.

The Board of Adjustment shall consist of seven regular members and one alternate member, appointed by the City Commission as a whole.

2.

Board members shall include one regular member nominated by each City Commissioner from among residents of the City Commissioner's zone, plus one regular member and one alternate member that are nominated by the Mayor and may be a resident of any City Commission zone.

3.

All board members shall be residents of the City and qualified electors.

4.

Board members shall be appointed for three-year, staggered terms, and may be reappointed to successive terms. Members shall continue to serve until their successors are appointed.

5.

Vacancies occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only. If a vacating member was appointed from among residents of a particular City Commission zone, the replacement member also shall be a resident of that zone.

6.

When substituting for a regular member, the alternate member shall have the same powers and duties as the regular member.

7.

Board members shall serve without compensation.

D.

Attendance. If a voting member of the Board of Adjustment fails to attend three regularly scheduled board meetings during any 12-month period, the board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.5.C.5.

E.

Removal. Board of Adjustment members serve at the will of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.5.C.5.

F.

Chair and Vice-Chair.

1.

The Board of Adjustment shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. No member shall serve more than two consecutive full terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings, and may administer oaths and compel the attendance of witnesses. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Board of Adjustment and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Board of Adjustment shall adopt a schedule establishing the date, time, and location of regular meetings. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

2.

Official Record. The Board of Adjustment shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Board of Adjustment meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Board of Adjustment shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Four members of the Board of Adjustment shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Board of Adjustment members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Board of Adjustment may adopt rules of procedure governing its procedures and operations. Copies of adopted rules of procedure shall be made available for public inspection in the office of the City Clerk during normal business hours.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

(Ord. No. 2021-282, § 1, 9-8-2021)

A.

Establishment. The Beautification and Tree Advisory Board is hereby established to provide attention and guidance in matters related to the natural physical features and landscaping in the City.

B.

Powers. The Beautification and Tree Advisory Board shall have the following powers:

1.

To offer advice on all plans for the beautification of City-controlled land;

2.

To formulate a beautification plan for the City and make recommendations to the Planning Board regarding beautification;

3.

To recommend procedures for the care, maintenance, pruning, fertilization, watering, planting, removal, replacement, staking, and spraying of vegetation, and for planting on private land at street intersections and other locations to prevent traffic hazards;

4.

To make recommendations regarding the beautification of any street, sidewalk, or public parking area proposed to be constructed, installed, widened, altered, or increased in size;

5.

To select recipients of a monthly citywide beautification award for commercial projects and monthly beautification awards for residential projects in each City Commission zone;

6.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

7.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

C.

Membership, Appointment, and Terms of Office.

1.

The Beautification and Tree Advisory Board shall consist of seven members appointed by the City Commission as a whole.

2.

Board members shall include one member nominated by each City Commissioner from among residents of the City Commission zone, plus one at-large member nominated by the Mayor who may be a resident of any City Commission zone.

3.

All board members shall be residents of the City and qualified electors.

4.

Board members shall be appointed for three-year, staggered terms, and may be appointed to successive terms. Members shall continue to serve until their successors are appointed.

5.

Vacancies occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only. If a vacating member was appointed from among residents of a particular City Commission zone, the replacement member shall also be a resident of that zone.

6.

Board members shall serve without compensation.

D.

Attendance. If a voting member of the Beautification and Tree Advisory Board fails to attend three regularly scheduled board meetings during any 12-month period, the board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.6.C.5.

E.

Removal. Beautification and Tree Advisory Board members may be removed for cause by a majority vote of the City Commission. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.6.C.5.

F.

Chair and Vice-Chair.

1.

The Beautification and Tree Advisory Board shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. No member shall serve more than two consecutive full terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Beautification and Tree Advisory Board and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Beautification and Tree Advisory Board shall adopt a schedule establishing the date, time, and location of regular meetings. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

2.

Official Record. The Beautification and Tree Advisory Board shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Beautification and Tree Advisory Board meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Beautification and Tree Advisory Board shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Four members of the Beautification and Tree Advisory Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Beautification and Tree Advisory Board members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Beautification and Tree Advisory Board may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

A.

Establishment. The Code Enforcement Board is hereby established in accordance with State law to provide an equitable, expeditious, effective, and inexpensive method of enforcing this Code and other authorized City Codes and ordinances for all parties.

B.

Powers and Duties. The Code Enforcement Board shall have all powers and duties set forth by State law, including the following powers and duties, as further set forth in Article 10: Enforcement:

1.

To conduct administrative hearings concerning alleged violations of this Code and other authorized City Codes and Ordinances—Including authority to subpoena alleged violators, witnesses, and evidence at such hearings and to take testimony under oath;

2.

To issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance;

3.

To impose fines, or fines plus enforcement and repair costs, for repeat violations or noncompliance with its orders;

4.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

5.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

C.

Membership, Appointment, and Terms of Office.

1.

The Code Enforcement Board shall consist of seven members appointed by the City Commission as a whole.

2.

Appointments shall be made on the basis of experience or interest in zoning and development regulation, building regulations and control, or other fields within the jurisdiction of the board. Whenever possible, board members shall include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.

3.

All board members shall be residents of the City.

4.

Board members shall be appointed for three-year, staggered terms, and may be appointed to successive terms. Members shall continue to serve until their successors are appointed.

5.

Vacancies occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only.

6.

Board members shall serve without compensation.

D.

Attendance. If a member of the Code Enforcement Board fails to attend two of three successive regularly scheduled board meetings without cause, the board shall declare the member's office vacant. The City Commission shall promptly fill the vacancy in accordance with Section 2.7.C.5.

E.

Removal. Code Enforcement Board members may be removed for cause by a majority vote of the City Commission. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.7.C.5.

F.

Chair and Vice-Chair.

1.

The Code Enforcement Board shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. No member shall serve more than two consecutive terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Code Enforcement Board and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Code Enforcement Board shall adopt a schedule establishing the date, time, and location of regular meetings. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

2.

Official Record. The Code Enforcement Board shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Code Enforcement Board hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Code Enforcement Board shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Four members of the Code Enforcement Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Code Enforcement Board members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Code Enforcement Board may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

A.

Establishment. The City Commission is hereby authorized in accordance with State law to appoint one or more Special Magistrates to provide an equitable, expeditious, effective, and inexpensive method of enforcing this Code and other authorized City Codes and ordinances for all parties. Nothing in this section shall prohibit the City from using a Special Magistrate or the Code Enforcement Board to hear and decide enforcement cases in lieu of the other.

B.

Powers and Duties. Special Magistrates shall have all the powers and duties granted to the Code Enforcement Board by State law, this Code, and the City Commission, including the following powers and duties, as further set forth in Article 10: Enforcement:

1.

To conduct administrative hearings concerning alleged violations of this Code and other authorized City Codes and Ordinances—Including authority to subpoena alleged violators, witnesses, and evidence to such hearings and to take testimony under oath;

2.

To issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance;

3.

To impose fines, or fines plus enforcement and repair costs, for repeat violations or noncompliance with his or her orders;

4.

To carry out any other powers and duties delegated to them by the City Commission, in accordance with State law.

C.

Appointment and Terms of Office.

1.

From time to time, based on the City Attorney's recommendation, the City Commission may appoint, by resolution, one or more Special Magistrates to perform the powers and duties set forth in subsection B above.

2.

Every Special Magistrate shall be an attorney duly licensed to practice law in the State of Florida for a period of at least five years and shall be a member in good standing of the Florida Bar.

3.

No Special Magistrate shall be considered to be a City employee.

4.

The resolution appointing a Special Magistrate may fix terms and conditions on the appointment, in accordance with the provisions of this section.

5.

Conditions of appointment fixed by the appointing resolution may include compensation for the Special Magistrate's services, and costs such as travel, mileage, and per diem expenses, subject to compliance with the City's record-keeping and other documentation requirements. Rates for such compensation shall be as established in the appointing resolution or if the resolution is silent as to rates, by administrative order of the City.

A.

Establishment. The Concurrency Appeals Board is hereby established in accordance with State law.

B.

Powers and Duties. The Concurrency Appeals Board shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To adopt rules governing its proceedings, conduct meetings, and call special meetings; and

b.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Appeals. To review and decide appeals from the following decisions by City staff:

a.

A final decision on an application for a Concurrency Certificate Determination (Section 3.4.Z.2); or

b.

A final decision on an application for a Concurrency Exemption Determination (Section 3.4.Z.3).

C.

Membership. The Concurrency Appeals Board shall consist of three City employees appointed by the City Manager.

D.

Meetings.

1.

Schedule. The Concurrency Appeals Board shall meet as needed to take action as expeditiously as practicable on matters before it.

2.

Official Record. The Concurrency Appeals Board shall keep a written record of its findings and determinations, which shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Concurrency Appeals Board meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Concurrency Appeals Board shall be open to the public.

E.

Quorum and Necessary Vote.

1.

Quorum. Three members of the Concurrency Appeals Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Concurrency Appeals Board members present and voting is required approve any item.

F.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

A.

Establishment. The Wellfields Appeals Board is hereby established in accordance with State law.

B.

Powers and Duties. The Wellfields Appeals Board shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To adopt rules governing its proceedings, conduct meetings, and call special meetings; and

b.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Appeals. To review and decide appeals from a final decision by City staff on an application for a Wellfield Protection Permit (Section 3.4.N.3).

C.

Membership. The Wellfields Appeals Board shall consist of three City employees appointed by the City Manager.

D.

Meetings.

1.

Schedule. The Wellfields Appeals Board shall meet as needed to take action as expeditiously as practicable on matters before it.

2.

Official Record. The Wellfields Appeals Board shall keep a written record of its findings and determinations, which shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Wellfields Appeals Board meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Wellfields Appeals Board shall be open to the public.

E.

Quorum and Necessary Vote.

1.

Quorum. Two members of the Wellfields Appeals Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Wellfield Appeals Board members present and voting is required to approve any item.

F.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

A.

Establishment. The Board of Building Codes is hereby established in accordance with State law to decide appeals of decisions concerning the Building Code, Fire Prevention Code, Life Safety Code, condemnation of unsafe or dilapidated buildings, and any other authorized City Codes or ordinances.

B.

Powers and Duties. The Board of Building Codes shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To resolve conflicts among the Building Code, Fire Prevention Code, and Life Safety Code;

b.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

c.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Appeals. To review and decide applications for an Appeal from:

a.

City staff decisions directly related to administration of the provisions of the construction Codes (Florida Building Code and International Property Maintenance Code) adopted by reference and amended in Article 9: Construction Codes.

C.

Membership, Appointment, and Terms of Office.

1.

The Board of Building Codes shall consist of five members appointed by the City Commission as a whole.

2.

Board members shall be chosen on an at-large basis. Each member shall have substantial experience in one or more areas of professional service within the building industry such as fire safety consulting, building inspection, engineering, architecture, or general contracting.

3.

A majority of board members shall be residents of the City.

4.

Board members shall be appointed for three-year, staggered terms, and may be reappointed to successive terms. Members shall continue to serve until their successors are appointed.

5.

Vacancies occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only.

6.

Board members shall serve without compensation.

D.

Attendance. If a voting member of the Board of Building Codes fails to attend three regularly scheduled board meetings during any 12-month period, the board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.11.C.5.

E.

Removal. Members of the Board of Building Codes serve at the will of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.11.C.5.

F.

Chair and Vice-Chair.

1.

The Board of Building Codes shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. No member shall serve more than two consecutive terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Board of Building Codes and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Board of Building Codes shall meet when and where as needed to perform its powers and duties, as determined by the Chair.

2.

Official Record. The Board of Building Codes shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Board of Building Codes meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Board of Building Codes shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Three members of the Board of Building Codes shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Board of Building Codes members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Board of Building Codes may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.

(Ord. No. 17-225, § 1, 7-19-2017; Ord. No. 18-139, § 1, 4-18-2018; Ord. No. 18-262, § 1, 8-1-2018)

City staff is primarily responsible for administering and enforcing the provisions of this Code. The City Manager may designate those City departments, officers, employees, or agents assigned to perform administrative functions, conduct reviews, make determinations, and enforce the various provisions in this Code. In addition to the authority and duties conferred on City staff by the City of Daytona Beach Charter and the Code of Ordinances, City staff, through responsibilities delegated by the City Manager, shall have the following powers and duties under this Code:

A.

General Powers and Duties.

1.

To conduct pre-application staff conferences in accordance with Section 3.3.A, Pre-Application Staff Conference;

2.

To establish requirements for the contents of an application for a development permit reviewed under this Code, and a submittal schedule for review of such applications;

3.

To compile and maintain an administrative manual;

4.

To serve as professional staff liaison to the Planning Board, Redevelopment Boards, Historic Preservation Board, Board of Adjustment, Board of Building Codes, Code Enforcement Board, and Beautification and Tree Advisory Board;

5.

To enforce this Code in accordance with Article 10: Enforcement;

6.

To provide expertise and technical assistance to the City's review and decision-making bodies, on request; and

7.

To maintain on file a record of all applications for a development permit reviewed under this Code, and make copies available on request.

B.

Decide Applications for a Development Permit. To review and decide the following applications for a development permit:

1.

Minor Site Plan (Section 3.4.I.4);

2.

Minor Certificate of Appropriateness (Section 3.4.J.4);

3.

Minor Subdivision Plat (Section 3.4.K.4);

4.

Tree Removal Permit (Section 3.4.L);

5.

Wetlands Alteration Permit (Section 3.4.M);

6.

Wellfield Protection Permit (Section 3.4.N);

7.

Site Demolition and Restoration Permit (Section 3.4.O);

8.

Minor Temporary Use Permit (Section 3.4.P.3);

9.

Sign Permit (Section 3.4Q);

10.

Building Permit (Section 3.4.R);

11.

Certificate of Occupancy (Section 3.4.T);

12.

Administrative Adjustment (Section 3.4W);

13.

Concurrency Certificate Determination (Section 3.4.Z);

14.

Concurrency Exemption Determination (Section 3.4.Z.3); and

15.

Floodplain Development Permit or Approval (Section 6.15.C.10).

C.

Prepare Staff Report on Applications for a Development Permit. To review and prepare a staff report on the following applications for a development permit:

1.

Text Amendment (Section 3.4.B);

2.

General Zoning District Map Amendment (Section 3.4.C);

3.

Site-Specific Zoning District Map Amendment (Section 3.4D);

4.

Historic Overlay Zoning District Map Amendment (Section 3.4.E);

5.

Planned Development (Section 3.4.F);

6.

Special Use Permit (Section 3.4.G);

7.

Public or Semipublic Use Permit (Section 3.4.H);

8.

Major Site Plan (Section 3.4.1.2.b.i);

9.

Major Certificate of Appropriateness (Section 3.4.J.3);

10.

Major Subdivision Preliminary Plat (Section 3.4.K.3);

11.

Final Plat (Section 3.4.K.5);

12.

Concurrency Transportation Proportionate Share Agreement (Section 3.4.Z.3);

13.

Right-of-Way Vacation (Section 3.4.AA);

14.

Easement Abandonments (Section 3.4BB);

15.

Excess Boat Slip Allocation (Section 3.4.CC); and

16.

Temporary outside activities and uses associated with a festival (Section 5.4.C.11).

D.

Other Administrative Approvals. To review and approve certain contracts and instruments as specifically identified in this code. These include:

1.

Proportionate share agreements and proportionate share deferment agreements and relating to transportation concurrency, section 3.4.Z.3;

2.

Sidewalk café license agreements, section 5.3.C.17;

3.

Contracts for plat recording, section 3.4.K.5.e; and

4.

Affordable housing deed restrictions, section 6.22.D.

(Ord. No. 2024-307, § 1, 8-21-2024)