The following administrative mechanisms are established to administer the provisions of this Code under the authority prescribed by this Code and Florida law.

A.

Intent. It is the intent of this article to provide the citizens of Flagler County with notice of public hearings before advisory boards and the board of county commissioners to effect the widest possible public participation in the decision-making process in a manner that meets or exceeds the minimum requirements of Florida Statutes.

B.

Definitions. For the purposes of this section the following terms shall mean:

Newspaper. A daily newspaper of general paid circulation in Flagler County pursuant to Chapter 50, F.S., being of general interest and readership in the community, not one of limited subject matter.

Property owner. Person (or persons), natural or corporate who, by reference to the current ad-valorem tax records, owns the real property within the specified distance of any point on the perimeter boundary of the subject property.

Subject property. The parcel or parcels included in the application for which the public notice is provided.

C.

Types of public notice. The different types of public notice are as follows:

Newspaper publication. Publication of public notice in a newspaper shall consist of publication in a newspaper of general paid circulation in Flagler County and of general interest and readership in the community, not one of limited subject matter. Applicants are responsible for the out-of-pocket cost of such publication(s).

There are three (3) forms of newspaper publications:

2 × 10 with map. In this form the required advertisement shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in Flagler County and shall meet the standards of F.S. § 125.66(4)(b)(2), including geographic location map which clearly indicates the area covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the general area.

2 × 10 without map. In this form the required advertisement shall be no less than two (2) columns wide by ten (10) inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in Flagler County and shall meet the standards of F.S. § 125.66(4)(b)(2).

Legal advertisement. The notice shall state the title and substance of the requested action, name of the applicant, the date, time and place of the hearing(s), the location where the public may inspect the petition and supporting information. The notice shall advise that interested parties may appear at the meeting and be heard and can phone, write or e-mail the planning and zoning department to register an opinion or request information. The required advertisement may be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation.

Mailed notice. Mailed notice shall consist of the first class mailing a notice of the public hearing(s) to each real property owner within three hundred (300) feet of the perimeter of the property that is the subject of the hearing. The director of planning and zoning shall certify the list of owners and the date of mailing.

Posted notice. Posting shall consist of a sign to be posted on the parcel of land that is the subject of the public hearing(s). The sign will be visible from the adjacent street affording principal access to the property. Such sign shall measure at least three (3) square feet in area, shall be of a color distinguishable from the surrounding landscape, and shall contain notice of the public hearing.

Additional and optional notice. The board of county commissioners or county administrator may direct that additional and optional notice be given as they may deem as proper for the circumstances involved for the particular hearing, but such additional notice shall not be deemed as legally required.

D.

Minimum type and lead time, in calendar days, for public notice requirements.

* Mailed notice to each real property owner whose land is subject to rezoning in addition to surrounding property owner notice.

(Ord. No. 04-22, § 2, 12-20-04)

There is hereby created a department of planning and zoning. The department shall perform all administrative functions of the county government relating to the administration of this Code.

A.

Establishment of position. There is hereby established the position of director of planning and zoning.

B.

Duties and powers.

1.

The planning and zoning director is authorized and empowered on behalf of and in the name of the governing body to administer and enforce provisions of this Code to include receiving applications, inspecting premises, and issuing certificates of compliance for uses and structures which are in conformance with the provisions of this Code.

2.

The planning and zoning director does not have the authority to take final action on application or matters involving variances, nonconforming uses, or other exceptions which this Code has reserved for public hearings before the planning board or the county commission.

3.

The planning and zoning director shall keep records of all and any permits, maps, plats and other documents with notation of all special conditions involved. He shall file and safely keep copies of all sketches and records of his office and the records shall be a public record of Flagler County.

4.

The planning and zoning director or his representative may attend all meetings of the county commission and the planning board.

A.

Generally. The department shall have a long range planning office, current development office and a code enforcement office and other offices created by the county commission.

B.

Long range planning office.

1.

The long range planning office shall be headed by the director of planning and zoning or as appointed by him.

2.

The long range planning office shall be responsible for comprehensive planning and programming of capital facilities throughout the county.

3.

The long range planning office shall provide staff support for the long range planning and land development review board.

C.

Current development office.

1.

The current development office shall be headed by the director of planning and zoning or as appointed by him.

2.

The current development office shall be responsible for all investigation, analysis, inspection and review required by this Code. It shall perform its duties and responsibilities in conjunction with, and as staff for, the planning board.

D.

Code enforcement office.

1.

The code enforcement office shall be headed by the director of planning and zoning or as appointed by him.

2.

The code enforcement office shall be responsible for enforcing the provisions of this Code and all development plans and permits issued thereunder by providing staff support for the code enforcement board.

All citizen boards created to administer the county Land Development Code shall be governed by the following provisions.

1.

The planning and development board shall have seven (7) members appointed by the county commission meeting the following requirements in addition to any other overall county requirements:

a.

Each member shall be an elector of Flagler County.

b.

Each member shall be a full-time permanent resident of Flagler County.

c.

Members shall be selected from one of the following areas specifically from within unincorporated county and with only one member selected per area. To be eligible for membership, the selectee shall be a full-time permanent unincorporated resident of the area as verified by a valid homestead exemption in his/her name maintained throughout the term in office. The areas are:

i.

East of the Intracoastal Waterway.

ii.

West of US 1 and south of SR 100.

iii.

West of US 1 and north of SR 100.

iv.

Between US 1 and the Intracoastal Waterway, North of SR 100.

v.

Between US 1 and I-95, south of SR 100.

vi.

Between I-95 and the Intracoastal Waterway, south of SR 100.

vii.

One at-large member.

viii.

Should an area be deemed by the board of county commissioners to no longer be a viable area for drawing qualified volunteers, the board may designate additional at-large members from unincorporated county residents by simple majority vote of the board.

Whenever there are competing applications for a board opening those applicants with experience in the field of planning and zoning shall receive special preference/consideration and, whenever possible, the county commission should attempt to include applicants selected from each of the following fields/professions:

1.

An architect, landscape architect or urban planner.

2.

A neighborhood or environmental activist.

3.

An agricultural interest (farmer, timber/sod, cattle).

4.

A person engaged in real estate sales or development.

5.

A businessman or an attorney.

6.

An engineer or botanist, biologist, geologist or similar geo-science professional.

2.

Each member of the planning and development board shall not, by direct employment or otherwise, derive a substantial portion of their income from matters related to actions which come before the planning and development board, and all members shall comply with all conflict of interest provisions of Chapter 112, Florida Statutes.

3.

Members shall be appointed in accordance with established county commission policies and procedures related to the establishment of and appointment of boards and committees.

4.

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

5.

The members of the planning and development board shall annually elect a chair and vice-chair from among the members and may create and fill other offices as the board deems needed.

6.

The county administrator or designee shall appoint a county employee to serve as secretary of the planning and development board, who shall serve as the recorder and custodian of all board records.

7.

Members shall not be compensated, but may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the county commission.

8.

The county commission may appropriate funds to permit the planning and development board to perform its prescribed functions.

9.

If any member fails to attend three successive meetings or workshops that have been noticed, the secretary of the planning and development board shall notify the county administrator.

10.

A planning and development board member may not be a current elected official or employee of any city or county government.

11.

The Flagler County Commission shall serve as the land development regulation commission pursuant to Chapter 163, Florida Statutes. The planning and development board may provide recommendations to the county commission concerning any necessary or desirable amendments to the county's land development code.

12.

The Flagler County Commission may waive the elector, full-time permanent unincorporated residency, homestead, and geographic area representation limits (i.e., no more than one (1) representative selected from each area) as listed at subsection 2.02.02.1.a. through c., respectively, through a super-majority vote of the county commission.

(Ord. No. 95-06, § 1, 8-21-95; Ord. No. 97-05, § 2, 3-3-97; Ord. No. 2009-07, § 2, 9-8-09; Ord. No. 2009-10, § 2(1), 11-2-09; Ord. No. 2018-05, § 2, 9-5-18)

1.

The planning and development board shall adopt rules of procedure to carry out its purposes, subject to the procedures established by the board of county commissioners. All rules must conform to the county land development code, other county ordinances, regulations and state law.

2.

The planning and development board shall meet at least once each calendar month, unless cancelled by the board or its chair, and more often at the call of the chair or the county commission.

3.

The planning and development board shall keep minutes of its proceedings, indicating the attendance of each member, and the motion and vote of every question.

4.

Four (4) members shall constitute a quorum for the planning and development board.

5.

Each decision of the planning and development board must be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.

6.

The planning and development board is subject to and governed by the Sunshine Law of the State of Florida.

(Ord. No. 95-06, § 1, 8-21-95; Ord. No. 2009-07, § 2, 9-8-09)

The county attorney's office shall provide legal counsel to represent the planning and development board.

(Ord. No. 2009-07, § 2, 9-8-09)

1.

The planning department shall serve as staff to the planning and development board under the direction of the county administrator or designee.

2.

The planning and development board shall review and act upon applications for development review pursuant to the county land development code and other applicable county ordinances.

3.

The planning and development board shall, with advice from county staff, monitor and oversee the operation, effectiveness and status of the county land development code and recommend amendments to the county commission that are consistent with the comprehensive plan.

4.

The planning and development board may obtain and maintain information on population, property values, the land economy, land use and other information necessary to assess the amount, direction and type of development to be expected in the county.

5.

The planning and development board may keep the commission and the general public informed and advised on the land use policies of the county through their regular meetings and ad hoc scheduled workshops. Individual board members are not authorized to represent the county when not in a properly convened meeting.

6.

The planning and development board shall conduct public hearings to gather information necessary for the drafting, establishment, amendment, and maintenance of the various elements of the county comprehensive plan and land development code.

7.

The planning and development board shall review redevelopment plans prepared under Chapter 163, Part III, Florida Statutes.

8.

The planning and development board shall perform other lawfully assigned duties.

(Ord. No. 2009-07, § 2, 9-8-09)

The county commission shall adopt by resolution a schedule of application fees for functions performed by the planning and development board in response to applications submitted by any person, corporation, organization or governmental entity.

(Ord. No. 01-19, § 1, 10-1-01; Ord. No. 2009-07, § 2, 9-8-09)

A code enforcement board is established to enforce the provisions of this Code pursuant to Chapter 162, Florida Statutes.

A.

Membership.

1.

There is hereby created a Code Enforcement Board of Flagler County, Florida, which shall consist of seven (7) members appointed by the board of county commissioners. Each commissioner of the board of county commission shall nominate one (1) person to serve on the enforcement board. The nomination shall be subject to the confirmation of a majority vote of the board of county commission. In addition to these appointments, the board of county commission shall appoint two (2) persons to serve on the code enforcement board as at-large appointments. All members of the code enforcement board may be appointed at-large by commissioners but must be residents of Flagler County, Florida. Members of the code enforcement board shall receive reimbursement for such travel, mileage and per diem expenses where authorized by the board of county commissioners or as otherwise provided by law.

2.

Membership of the code enforcement board shall, whenever possible, include a member from some or all of the following professions: an architect, business person, engineer, general contractor, landscape architect, land use planner, subcontractor, realtor and attorney.

B.

Terms of members. The initial appointments to the code enforcement board shall be as follows:

1.

Two (2) members appointed for a term of one (1) year each.

2.

Three (3) members appointed for a term of two (2) years each.

3.

Two (2) members appointed for a term of three (3) years each.

Thereafter, any appointment shall be made for a term of three (3) years. Any member may be re-appointed for one (1) successive term upon approval of the board of county commissioners, as provided for herein.

C.

Filling vacancies. Any appointment to fill any vacancy on the code enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two (2) of three (3) successive meetings without providing notice prior to the meeting of said member's absence from the meeting to the code enforcement officer or the chairperson of the code enforcement board, the code enforcement board may declare the member's office vacant. The board of county commissioners shall promptly fill such vacancy. Members of the code enforcement board may be suspended or removed for cause. The statutory method for filling vacancies on the county code enforcement board due to unexcused absences [shall be as follows:]

(1)

If any code enforcement board member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the code enforcement board shall inform the county commission promptly, and the board of county commissioners for the county shall promptly fill such vacancy.

(2)

Application for the chairman's prior approval of an absence shall be made through the code enforcement board secretary or other staff as designated.

D.

Officers. At the first meeting of the code enforcement board, the members shall elect a chairperson and vice-chairperson. The chairperson and vice-chairperson shall serve a one (1) year term, but may be re-elected for additional terms at the discretion of the code enforcement board. The chairperson shall preside at all meetings and shall direct the business affairs of the code enforcement board, subject to the directions of the code enforcement board. The vice-chairperson shall act in the absence of the chairperson in the conduct of meetings or otherwise and shall perform such duties as may be delegated to him/her by the chairperson from time to time. In acting in the chairperson's absence, the vice-chairman shall have all the powers of and be subject to all restrictions upon, the chairperson. The election of a chairperson and vice-chairperson shall occur during the month of the one year anniversary of the code enforcement board's first meeting and each subsequent yearly anniversary thereafter.

(Ord. No. 95-07, § VII, 8-21-95)

A.

Quorum. Four (4) members shall constitute a quorum for the purposes of a meeting. The affirmative vote of a majority of the members present at any meeting of the code enforcement board shall be necessary to take action. In the event of a tie vote, the proposed motion shall be considered to have failed.

B.

Meetings. Regular meetings of the code enforcement board will be convened on an "as needed" basis, as determined by the code enforcement officer. Written notice and a formal agenda package will be prepared and forwarded to each member of the code enforcement board. Special meetings of the code enforcement board may be convened by the chairperson upon the giving of written notice thereof to each member of the code enforcement board. Unless waived by a majority of the board, notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.

C.

Minutes and records. Minutes shall be maintained of all hearings held by the code enforcement board, and all hearings shall be open to the public. The planning department shall provide clerical and administrative personnel as may be reasonably required by the code enforcement board for proper performance of its duties. The county attorney or his/her designee shall attend meetings to serve as counsel to the enforcement board. The planning and zoning director or his designee shall represent the county by presenting alleged violations to the code enforcement board.

D.

Jurisdiction.

1.

The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the codes and ordinances enacted by Flagler County including, but not limited to, the following codes: building, electrical, environmental, fire, gas, health, landscape, plumbing, sign, zoning and any other similar type codes which may be passed by Flagler County in the future which regulate aesthetics, construction, environmental health, safety, or location of any structure on real property in Flagler County.

2.

The provisions of this Code are supplemental and shall not prohibit the county from enforcing its codes by other legal means.

The code enforcement board shall have the power to:

A.

Rules. Adopt rules for the conduct of its hearings.

B.

Subpoenas.

1.

Subpoena alleged violators and witnesses to its hearing. Subpoenas may be served by a sheriff or other authorized persons consistent with Rule 1.410(c), Florida Rules of Civil Procedure upon request by the chairperson.

2.

Subpoena records, surveys, plats and other documentary materials.

C.

Testimony. Take testimony under oath.

D.

Orders. Issue orders having the full force and effect of law to command whatever steps are necessary to bring a violation into compliance.

E.

Fines. Assess fines pursuant to section 2.05.05 of this Code.

F.

Liens. Lien property pursuant to section 2.05.05 of this Code.

A.

Whatever one of the code enforcement board's orders has not been complied with by the time set for compliance, or if the same violation has been repeated by the same violator, the code enforcement board may order the violator to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day thereafter during which each violation continues past the date set for compliance. In determining the amount of a fine, the code enforcement board shall consider the following factors:

1.

The gravity of the violation;

2.

Any actions taken by the violator to correct the violation; and

3.

Any previous violations committed by the violator.

The code enforcement board may consider any other factors pertaining to the violator or violation which it deems relevant and shall not be limited to the above recited factors.

B.

The planning and zoning director or his/her designee may record a certified copy of an order imposing a fine in the public records in the office of the clerk of the circuit court in and for Flagler County, Florida. Once recorded, the certified copy of an order shall constitute a lien against the land on which the violation exists, or if the violator does not own the land upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment, including levy against the personal property. Once recorded, the lien shall be superior to any mortgages, liens, or other instruments recorded subsequent to the filing of the code enforcement board lien.

C.

After six (6) months from the filing of any such lien which remains unpaid, the county may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall be superior to all other liens except liens for taxes, and shall bear interest at the rate of ten (10) percent per annum from the date recorded. No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Article X, Section 4, of the Florida Constitution.

Any aggrieved party may appeal an order of the code enforcement board, including Flagler County, to the Circuit Court of Flagler County, Florida. Such appeal shall not be a hearing de novo, but shall be a petition for writ of certiorari and the court shall be limited to appellate review of the record created before the code enforcement board. Any appeal filed pursuant to this article shall be considered timely if it was filed within thirty (30) days after the hearing at which the order was announced. The timely filing of an appeal shall stay the accrual of any fines ordered to be paid pursuant to section 2.05.05 of this Code until the final disposition of the appeal. The county may assess a reasonable charge for the preparation of the record to be paid by the petitioner in accordance with Section 119.07, Florida Statutes.

All notices required by this section shall be by certified mail, return receipt requested, or when mail is not effective, by hand delivery by a code inspector. Notice may also be provided by publication or posting, consistent with the provisions of Chapter 162, F. S. This section shall not apply to notices of special meetings as described in section 2.05.03(B) of this Code. Notices placed shall contain at a minimum, the date, and time of the scheduled meeting of the code enforcement board during which time the alleged violator is required to appear; the name and address of the alleged violator; the address or legal description of the property wherein the alleged violations have occurred; and those codes or provisions of a code for which the alleged violator has been cited. Alternative methods of notice, as provided by law, include posting on the subject property and at the courthouse.

(Ord. No. 95-07, § VI(C), 8-21-95; Ord. No. 04-22, § 3, 12-20-04)

There is hereby established a technical review committee (TRC) to be chaired by the planning and zoning director.

Members of the technical review committee shall include representatives of various county departments having a direct interest in new development including but not limited to, the planning and zoning director, engineering department, building department, road and bridge department and the fire department. Other county, local, state or federal agencies may be consulted by the TRC for advice or recommendations on any matter or application being considered by the TRC.

The committee shall review applications and make recommendations to appropriate reviewing authorities regarding approval, denial and, where applicable, condition and safeguards to be placed upon the approval of applications required by the County Code.

The committee shall meet at least monthly to review development proposals as prescribed in this Code. Also, the planning and zoning director may call additional meetings and may refer matters to the committee for review and comment.