The following boards and agencies are created to administer the provisions of the LDRs, in conjunction with County staff, under the authority prescribed by the LDRs and State law. Unless a board or agency adopts different rules of procedure, or unless otherwise required by the LDRs, all County boards, agencies, commissions and committees shall be governed by the current edition of Roberts Rules of Order.

(LDR, § 11000; Ord. No. 2012-01, § 11000, 5-22-2012)

(a)

A Planning Commission is hereby established. The Planning Commission is designated the local planning agency for the County pursuant to F.S. § 163.3174. The Planning Commission shall consist of six members to be appointed by the Board of County Commissioners, each for a term of four years; and one member appointed by the County District School Board, (the "School Board appointee") who shall serve at the pleasure of the School Board, but for no longer than four consecutive years. Terms shall be staggered so that the terms of no more than three members expire in any one year. A member whose term expires may continue to serve until a successor is appointed.

(b)

The minimum qualifications for a Planning Commission member appointed by the County Commission shall be as follows:

(1)

No appointee shall hold any elective office of or be employed by any municipality or county government in the County; and

(2)

No more than two members of the Commission shall be of the same business, trade, or profession, except for the School Board appointees;

(3)

The appointee shall be a resident of the County for at least two years prior to the date of appointment; and

(4)

The appointee must be a citizen of the United States of America.

The School Board shall be allowed to appoint a regular member and an alternate member to the Planning Commission but the School Board alternate member shall only serve in the absence of the School Board regular member. The School Board shall notify the County Commission Chairperson of the appointments.

(c)

Vacancies in Planning Commission membership shall be filled by appointment by the Board of County Commissioners for the unexpired term of the member affected. The School Board of the School District of the County may fill any vacancy for the School Board appointee, by such procedures as the School Board deems fit.

(d)

Members of the Planning Commission may be removed from office for cause by the affirmative votes of three members of the Board of County Commissioners. The School Board of the School District of the County may remove the School Board appointee, by such procedures as the School Board deems fit.

(e)

Two alternate members appointed by the Board of County Commissioners shall serve in the absence of any member or members of the Planning Commission. The term of office for each alternate member shall be two years. Alternate members shall be required to attend all regular meetings of the Planning Commission, but are not counted for quorum purposes unless participating as regular Planning Commission members. If a Planning Commission member is absent from a meeting or unable to participate in the meeting or a matter on the agenda for any reason, including, but not limited to, a conflict of interest, the first alternate shall participate in the meeting or matter and vote in the stead of the Planning Commission member who is unable to participate or vote. If a second Planning Commission member is absent from a meeting or unable to participate in the meeting or a matter on the agenda for any reason, including, but not limited to, a conflict of interest, the second alternate shall participate and vote in the stead of the second Planning Commissioner who is unable to participate or vote. No Planning Commission alternate may participate or vote on any matter if he or she has a conflict of interest that would preclude him or her from participating or voting.

(LDR, § 11101; Ord. No. 2012-01, § 11101, 5-22-2012; Ord. No. 2018-20, § 1, 12-11-2018)

(a)

The Planning Commission shall elect a chairman and a vice-chairman from among its members, excluding the School Board appointee, for a term of one year, and may create and fill such other offices as it may determine. All members of the Planning Commission shall vote on matters before the Planning Commission. The annual election of the Planning Commission officers shall be held at the first regular meeting in January and shall be the last item of business of such meeting. The new term shall begin at the next regular meeting of the Planning Commission following the first regular meeting in January each year.

(b)

Meetings shall be held at the call of the chairman and at such other times as the Planning Commission may determine; provided, that the Commission shall hold at least one regularly scheduled meeting each month, on a day to be determined by the Commission. Meetings that are not regularly scheduled shall not be held without proper notice. Regular scheduled meeting may be cancelled if no matters are to be presented before the Planning Commission. The County Planning Department shall provide notice to all Commission members, including the School Board appointee, not later than close of business five business days prior to the scheduled hearing whether or not there are matters to be presented to the Commission and whether or not the matters are comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application.

(c)

A quorum for the transaction of business shall consist of any four of the members or voting alternates. The Planning Commission shall keep records of its proceedings, showing the vote of each member. The Commission shall keep records of its examinations, decisions, recommendations and other official actions.

(d)

Voting members are expected to attend all meetings. The Planning Commission shall consider asking for the resignation or the removal of any voting member who has been absent from three regular meetings within any six-month period; except when such member has been granted a leave of absence by the Board of County Commissioners. Each member shall promptly notify the Board of County Commissioners in writing of any such request for leave of absence and shall promptly notify the Planning Commission of every such approved leave of absence. Any Planning Commission voting member who misses six regular, special, or called meetings within any 12-month period without an approved leave of absence shall be asked to resign. If the chairman and vice-chairman fail to attend a meeting, a quorum of the Commission members may appoint a chairman pro tempore to chair that meeting.

(e)

Any and all testimony before the Planning Commission shall be taken under oath.

(LDR, § 11102; Ord. No. 2012-01, § 11102, 5-22-2012)

The Planning Commission has the following functions, powers and duties:

(1)

All functions, powers and duties required of a local planning agency pursuant to F.S. § 163.3174.

(2)

To prepare and recommend to the Board of County Commissioners for adoption and from time to time recommend amendments and revisions to a Comprehensive Plan for the County.

(3)

To determine whether specific proposed developments conform to the principles and requirements of the Comprehensive Plan. To recommend principles and policies for guiding action affecting development in the County.

(4)

To prepare and recommend to the Board of County Commissioners regulations, and other proposals promoting orderly development in accordance with the Comprehensive Plan.

(5)

To hold public hearings on applications for rezoning, LDR amendments and special exceptions and to report its findings and recommendations to the Board of County Commissioners.

(6)

To conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the Comprehensive Plan and regulations implementing it, or for the purpose of promoting the accomplishment of the plan in whole or in part.

(7)

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

(8)

To perform such other duties as may be lawfully assigned to it, or which may have bearing on the preparation or implementation of the Comprehensive Plan.

(9)

To hear appeals from decisions of the Development Review Committee regarding determinations of vested rights.

(LDR, § 11103; Ord. No. 2012-01, § 11103, 5-22-2012)

A Board of Adjustment is hereby established. The Planning Commission shall serve as the Board of Adjustment.

(LDR, § 11201; Ord. No. 2012-01, § 11201, 5-22-2012)

(a)

The Board of Adjustment shall elect a chairman and vice-chairman from among its members which shall not include the School Board appointee and may create and fill such other offices as it may determine. The Development Department shall assist the Board.

(b)

Meetings shall be held at the call of the chairman and at such other times as the Board of Adjustment may determine. Meetings that are not regularly scheduled shall not be held without at least three days' notice to each member.

(c)

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member. The Board of Adjustment shall keep records of its examinations and other official actions. A quorum for the transaction of business shall consist of any four of the members or voting alternates.

(d)

If any member of the Board of Adjustment called on to sit in a particular case find that his private on personal interests are involved in the matter coming before the Board, he shall disqualify himself from all participation in that case, or he may be disqualified by the votes of a majority of members of the Board, not including the member about whom the question of disqualification has been raised. No members of the Board of Adjustment shall appear before the Board of Adjustment as agent or attorney for any person.

(LDR, § 11202; Ord. No. 2012-01, § 11202, 5-22-2012)

The Board of Adjustment has the following functions, powers and duties:

(1)

Administrative review. To hear and decide appeals when it is alleged there is error in any order, decision or determination of the Development Director in the implementation of the LDRs.

(2)

Variances. To authorize upon appeal in specific cases such variance from the terms of the LDRs as will not be contrary to the public interest where, owing to special conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the provisions of the LDR would result in unnecessary and undue hardship on the land. Examples of variances that the Board of Adjustment may grant include, but are not limited to, variances to building setbacks, fence height and parking requirements. The Board of Adjustment has no authority to grant variances from permitted uses of land, to grant variances from the requirements of State or Federal law, or to grant variances to concurrency requirements.

(3)

Nonconforming uses. If no structural alterations are made, any nonconforming use of a structure or of a structure and premises in combination, may be changed to another nonconforming use, provided that the Board of Adjustment finds after public notice and hearing that the proposed use is equally or more appropriate to the zoning district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such changes, the Board of Adjustment may require appropriate conditions and safeguards in accord with the intent and purpose of these regulations. Applications for such changes in nonconforming uses shall be made to the Development Department.

(4)

Variances to flood damage prevention regulations. To hear and decide applications for variances to flood damage prevention regulations, pursuant to the provisions set forth in Section 20-1100.

(LDR, § 11203; Ord. No. 2012-01, § 11203, 5-22-2012)

With respect to the LDRs, the Board of County Commissioners shall have the duty of appointing or confirming members of the Planning Commission and Board of Adjustment; considering and adopting or rejecting proposed amendments or the repeal of the LDRs; considering and approving or denying requests for Comprehensive Plan amendments, rezonings, special exceptions, and establishing a schedule of fees and charges as set out in the LDRs.

(LDR, § 11300; Ord. No. 2012-01, § 11300, 5-22-2012)