1.

The planning commission is hereby established and shall act as the local planning agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, pt. II, and shall perform all functions and duties permitted by statute.

2.

The planning commission shall review and recommend to the city commission ordinances, land development regulations, amendments to the official zoning map, and other proposals promoting orderly development in compliance with the provisions of the comprehensive plan, except, to the extent permitted by law, in those instances: 1) declared to be an emergency by the city commission, or 2) when the proposal is required by law.

3.

The planning commission shall hear and decide requests for dimensional variances for height or width of a structure or the width, depth, or size of yards and appeals from administrative decisions related to same. The term "decision" as used in sections 5.1.1.40(10), 5.1.1.40(11), and 5.1.1.40(12) hereinafter shall mean only those decisions made within the authority of this subsection 5.1.1.10(3), and subsection 5.1.1.10(4), and shall not include advisory opinions or recommendations made by the planning commission.

4.

The planning commission may impose reasonable conditions or restrictions on any variance it grants.

5.

The planning commission shall review and recommend park, recreation, and leisure services activities. To this extent the planning commission can be referred to as the Parks and Recreation Advisory Board of the City of Eagle Lake, Florida.

1.

The planning commission shall consist of five members and not more than three alternate members to be appointed by the city commission. Each member of the planning commission appointed by the city commission shall be a voting member. Each alternate member appointed by the city commission shall be permitted to vote when serving as a member of the planning commission.

2.

To the extent permitted by law, the city commission reserves the right to grant voting privileges to each member of the planning commission designated by Florida Statute and not appointed by the city commission. Voting privileges shall be considered and approved by resolution of the city commission no later than 90 days after the first meeting attended by the statutorily designated member. If no resolution authorizing voting privileges is approved within the aforedescribed time, then said member shall have no voting privileges.

3.

A quorum for the transaction of business shall consist of three members, which may include alternate members.

4.

To the extent permitted by law, each member of the planning commission shall reside within the city limits.

5.

Each member shall be appointed to a three-year term, alternated so that at least one planning commission seat and at least one alternate member seat is vacated yearly.

6.

Vacancies in planning commission membership or alternate membership shall be filled by appointment by the city commission within 60 days of the vacancy for the unexpired term of the vacated seat. It shall be the duty of the chairperson of the planning commission to notify the city commission, directly or indirectly, within ten days after any vacancy shall occur among members or alternate members of the planning commission.

7.

Members or alternate members of the planning commission may be removed from office for cause by the affirmative vote of three members of the city commission upon written notice to the member or alternate member sought to be removed and public hearing, if the member or alternate member so affected requests such public hearing. If any member fails to attend three consecutive meetings, the planning commission may declare the member's seat vacant and notify the city commission.

1.

The planning commission shall meet at least once each month, unless a meeting is cancelled:

A.

By decision of the planning commission at a regular meeting;

B.

By decision of the chairperson;

C.

For lack of a quorum;

D.

Due to the withdrawal of a petition; or

E.

For lack of scheduled business to come before the planning commission.

2.

At the first meeting held after January 1 of each year, the planning commission shall elect a chairperson, vice-chairperson, and such other officers as deemed necessary. The chairperson, or in his/her absence the vice-chairperson, shall preside over all meetings of the planning commission.

3.

Each decision of the planning commission must be approved by a majority of the members present at a meeting in which a quorum is present.

4.

The planning commission may adopt procedures to carry out its purposes. All rules must conform to this Code, other city ordinances and state law.

5.

The planning commission may establish subcommittees and appoint members as needed to carry out the purposes of the planning commission.

6.

The city shall keep appropriate minutes of the planning commission's meetings and proceedings. The chairperson, or in his/her absence the vice-chairperson, shall have the authority to administer oaths and compel the attendance of witnesses.

7.

Members shall not be compensated, but may be reimbursed for travel and other reasonable and necessary expenses incurred on planning commission business.

8.

Notice of planning commission meetings and public hearing shall be given at least 15 days in advance of the meeting and public hearing. At least 15 days in advance the owner of the property for which the variance is sought or his agent shall be notified of the meeting and public hearing. Additionally, notice of the public hearings shall be posted on the property for which a variance is sought, at city hall, and in one other public place at least 15 days prior to the public hearing.

9.

The planning commission shall render decisions based on the criteria set forth in the Code of the City of Eagle Lake, Florida.

10.

All decisions of the planning commission are final. Variance requests, once acted upon, may not be reheard unless the aggrieved party can demonstrate that the decision resulted from an error in substantive or procedural law or provides new evidence or information not discoverable prior to the initial hearing. A different or more effective presentation of the same evidence or information shall not be considered grounds for a rehearing. An aggrieved party shall have ten days to request a rehearing.

11.

All decisions of the planning commission pertaining to requests for variances will be rendered in writing. The chairman of the planning commission will execute the decision, which will be circulated to the applicant, the city commission, the city manager, the city attorney, and any person requesting same at the public hearing.

12.

Any person or persons aggrieved by any decision of the planning commission may within 30 days after the date of the public hearing at which the decision was rendered but not thereafter apply to the courts for relief in the manner provided by the laws of the State of Florida. In the event a request for rehearing has been filed with the chairperson or clerk of the planning commission, an aggrieved party shall have 30 days from the date a decision is rendered by the planning commission on the request for rehearing, but not thereafter, to apply to the courts for relief in the manner provided by the laws of the State of Florida.

13.

Whenever the planning commission has acted on a petition or request, the planning commission shall not consider any petition or request for substantially the same action for a period of one year from the date of the last action taken by the planning commission or the courts, in the event of appeal, on the petition or request.

The concurring vote of four members of the planning commission shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the applicable provisions of the land development regulations, or to effect any variation in the application of the applicable provisions of the land development regulations.

The city commission may establish a schedule of fees and expenses and a collection procedure for development permits, certificates of compliance, appeals, and other matters pertaining to the land development regulations and the comprehensive plan. The schedule of such fees and expenses shall be posted in the office of the administrative official and other locations deemed appropriate for public access, and may be altered or amended only by the city commission.

Until all applicable fees and expenses have been paid in full, no action, including processing or review shall be taken on any petition or appeal by any city staff members.