In addition to any authority granted the town commission by general or special law, the town commission shall have the following powers and duties under the provisions of this Code:

(1)

To serve as the local planning agency as provided by F.S. §§ 163.3174 and 163.3164 and division 3 of article II of this chapter;

(2)

To serve as the board of adjustment as provided by division 4 of article II of this chapter;

(3)

To initiate, hear, review, consider and approve, approve with conditions, or deny applications for development permits to amend the text of the comprehensive plan as provided in F.S. § 163.3187 and section 58-51 of this Code;

(4)

To initiate, hear, review, consider and approve, approve with conditions, or deny applications for development permits to amend the future land use map of the comprehensive plan as provided in F.S. § 163.3187 and section 58-51 of this Code;

(5)

To initiate, hear, review, consider and approve, approve with conditions, or deny applications for annexations to or contractions of the municipal limits as provided in F.S. ch. 171;

(6)

To initiate, hear, review, consider and approve, approve with conditions, or deny applications for development permits to amend the text of this Code as provided in section 66-6 of this chapter;

(7)

To initiate, hear, review, consider and approve, approve with conditions, or deny applications for development permits to amend the official zoning map of this Code as provided in section 66-6 of this chapter;

(8)

To initiate, hear, review, consider and approve, approve with conditions, or deny applications for development permits for developments of regional impact as provided in F.S. ch. 380.06, or which are subject to review for extra-jurisdictional impacts under the provisions of the intergovernmental coordination element of the adopted comprehensive plan;

(9)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for development agreements as provided by F.S. § 163.3220 et seq.;

(10)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for subdivisions as provided in chapter 62 of this Code;

(11)

To initiate, hear, review, consider and approve, approve with conditions, or deny all other applications for development permits or appeals which are otherwise assigned by this Code to other review authorities for final action but which are an integral part of and are submitted and processed simultaneously with applications for development permits which require final action by the town commission;

(12)

To establish fees for the review of applications for development permits, and appropriate funds to defray the costs of administering this Code;

(13)

To act to ensure compliance with development orders or permits as approved and issued;

(14)

To take such action not delegated to the local planning agency, board of adjustment, architectural review and planning board, or town staff members, as the town commission may deem desirable and necessary to implement the provisions of the comprehensive plan and this zoning chapter; and

(15)

To appoint other advisory boards that are determined necessary to assist in the implementation of comprehensive plan or this Code.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

The presence of a majority of members of the town commission shall constitute a quorum of the town commission necessary to transact the business provided for herein.

(b)

When taking final action on applications for development permits or appeals, a ⅗ majority vote or greater of the entire membership of the town commission shall be required to approve any motion. In the event one or more members of the town commission has a conflict of interest pursuant to F.S. § 112.01 et seq. regarding a specific application for development permits or appeal, then a simple majority of the remaining eligible members shall be required to approve any motion.

(c)

In the event that the full voting membership of the town commission is not present to take action on a particular application for development permits or appeal, the applicant or appellant, upon his or her request, shall be granted a continuance to a time certain at which time all voting members are expected to be available to meet and take action.

(d)

When taking action on matters provided for herein, other than applications for development permits or appeals, a simple majority of the members present shall be necessary to approve any motion. In the event of a tie vote, the proposed motion shall be considered to have failed.

(e)

No member shall abstain from voting on any matter unless there is a conflict of interest pursuant to F.S. § 112.01 et seq.

(Ord. No. 95-1, § 1, 1-30-95)

There is hereby established a local planning agency.

(Ord. No. 95-1, § 1, 1-30-95)

The local planning agency shall have the following powers and duties under the provisions of this Code:

(1)

To serve as the local planning agency as per F.S. § 163.3174, except with regard to those actions assigned to the land development regulation commission;

(2)

To initiate, hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits to amend the text of the comprehensive plan as provided in F.S. § 163.3187 and section 58-51 of this Code;

(3)

To initiate, hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits to amend the future land use map of the comprehensive plan as provided in F.S. § 163.3187 and section 58-51 of this Code;

(4)

To monitor and oversee the effectiveness and status of the comprehensive plan and to initiate, hear, review, consider and make recommendations to the town commission to adopt periodic evaluation and appraisal reports of the comprehensive plan as per F.S. § 163.3191; and

(5)

To perform any other functions, duties, and responsibilities assigned to it by the town commission or by general or special law.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Appointment. The town commission shall serve as the local planning agency. Persons other than members of the town commission shall not serve on the local planning agency.

(b)

Terms of office. the term of office for each local planning agency member shall run concurrently with the member's term on the town commission. No member shall be removed from the local planning agency unless and until the member is removed from the town commission.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Chairman and vice chairman. The mayor and vice mayor shall serve as chairman and vice chairman of the local planning agency respectively. In the absence of the chairman, the vice chairman shall act as chairman and have all the powers of the chairman. In the absence of both the chairman and vice chairman, the members present shall select a chairman pro-tem to act as chairman who shall have all the powers of the chairman.

(b)

Secretary. The town clerk shall serve as secretary of the local planning agency. The secretary shall keep minutes of all proceedings, which minutes shall be a summary of all proceedings before the local planning agency, which shall include the vote of all members upon every question, and be attested to by the secretary. The minutes shall be approved by a majority of the local planning agency members voting. In addition, the secretary shall maintain all records of the local planning agency meetings, hearings, proceedings, and the correspondence of the local planning agency. The records of the local planning agency shall be stored with the town clerk's office, and shall be available for inspection by the public, upon reasonable request, during normal business hours. The town clerk also shall be responsible for administering oaths and swearing in of witnesses where required.

(c)

Staff. The planning and building department shall be the professional staff of the local planning agency. The planning and building department shall be responsible for preparing the agenda and providing a recommendation to the local planning agency on all matters related to the comprehensive plan. However, nothing herein shall preclude the local planning agency from seeking the expertise and advice of others.

(d)

Town attorney. The town attorney shall provide counsel and interpretation on legal issues.

(e)

Quorum and voting. The presence of a majority of members of the local planning agency shall constitute a quorum of the local planning agency necessary to take action and transact business. In addition, a simple majority vote shall be necessary in order to forward a formal recommendation to the town commission. In the event of a tie vote, the proposed motion shall be considered to have failed. No member shall abstain from voting unless there is a conflict of interest pursuant to F.S. § 112.01 et seq.

(f)

Rules of procedure.

(1)

All meetings shall be governed by Robert's Rules of Order. The local planning agency may, by a majority vote of the entire membership, adopt additional rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings and determinations.

(2)

Failure of the local planning agency to make a recommendation to the town commission on any item within 60 days of the close of its public hearing on the item shall constitute the item being sent to the town commission without a recommendation.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Generally. General meetings of the local planning agency shall be held as needed to dispense of matters properly before the local planning agency. Special meetings may be called by the chairman or in writing by a majority of the members of the local planning agency. Twenty-four-hour written notice shall be given to each local planning agency member before any meeting.

(b)

Continuance. Agenda items postponed due to a lack of a quorum, shall be rescheduled for another local planning agency meeting to take place within 30 days of the date of postponement.

(c)

Meetings open to the public. All meetings and public hearings of the local planning agency shall be open to the public.

(d)

Notice. In addition to other notice requirements provided for under this Code for certain matters to be considered by the local planning agency, all meetings shall be set for a certain time after 24-hour notice is duly posted.

(e)

Compensation. The members of the local planning agency shall receive no compensation for their services. Travel reimbursement for members of the local planning agency are limited to expenses incurred only for travel outside of Palm Beach County necessary to fulfill the responsibilities of membership on the local planning agency. Travel reimbursement shall be made only when sufficient funds are available and upon prior approval by the town commission.

(Ord. No. 95-1, § 1, 1-30-95)

There is hereby established a board of adjustment.

(Ord. No. 95-1, § 1, 1-30-95)

The board of adjustment shall have the following powers and duties under the provisions of this Code:

(1)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for variances as provided in division 3 of article V of this chapter;

(2)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for special exceptions as provided in division 4 of article V of this chapter;

(3)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for level 3 architectural review/site plan review as provided in division 2 of article V of this chapter;

(4)

To hear, review, consider and affirm or reverse decisions of the architectural review and planning board on applications for development permits for level 2 architectural/site plan review, land clearing plans, landscape disturbance permits, and signs as provided in division 5 of article V of this chapter;

(5)

To hear, review, consider and affirm or reverse decisions of the planning and building administrator on applications for development permits as provided in division 5 of article V of this chapter; and

(6)

To hear, review, consider and approve, approve with conditions, or deny all other applications for development permits or appeals which are otherwise assigned by this Code to other review authorities, other than the town commission, for final action but which are an integral part of and are submitted and processed simultaneously with applications for development permits which require final action by the board of adjustment.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Appointment. The town commission shall serve as the board of adjustment. Persons other than members of the town commission shall not serve on the board of adjustment.

(b)

Terms of office. The term of office for each board of adjustment member shall run concurrently with the member's term on the town commission. No member may be removed from the board of adjustment unless and until the member is removed from the town commission.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Chairman and vice chairman. The mayor and vice mayor shall serve as chairman and vice chairman of the board of adjustment respectively. In the absence of the chairman, the vice chairman shall act as chairman and have all the powers of the chairman. In the absence of both the chairman and vice chairman, the members present shall select a chairman pro tem to act as chairman who shall have all the powers of the chairman.

(b)

Secretary. The town clerk shall serve as secretary of the board of adjustment. The secretary shall keep minutes of all proceedings, which minutes shall be a summary of all proceedings before the board of adjustment, which shall include the vote of all members upon every question, and be attested to by the secretary. The minutes shall be approved by a majority of the board of adjustment members voting. In addition, the secretary shall maintain all records of the board of adjustment meetings, hearings, proceedings, and the correspondence of the board of adjustment. The records of the board of adjustment shall be stored with the town clerk's office, and shall be available for inspection by the public, upon reasonable request, during normal business hours. The town clerk also shall be responsible for administering oaths and swearing in of witnesses where required.

(c)

Staff. The planning and building department shall be the professional staff of the board of adjustment. The planning and building department shall be responsible for preparing the agenda and providing a recommendation to the board of adjustment on all applications for development permits and all other matters brought before the board, where appropriate. However, nothing herein shall preclude the board of adjustment from seeking the expertise and advice of others.

(d)

Town attorney. The town attorney shall provide counsel and interpretation on legal issues.

(e)

Quorum and voting.

(1)

The presence of a majority of members of the board of adjustment shall constitute a quorum of the board of adjustment necessary to transact business.

(2)

When taking final action on applications for development permits or appeals, a ⅗ majority vote or greater of the entire membership of the board of adjustment shall be required to approve any motion. In the event one or more members of the board of adjustment has a conflict of interest pursuant to F.S. § 112.01 et seq. regarding a specific application for development permits or appeal, then a simple majority of the remaining eligible members shall be required to approve any motion.

(3)

In the event the full voting membership of the board of adjustment is not present to take action on a particular application for development permits or appeal, the applicant or appellant, upon his or her request, shall be granted a continuance to a time certain at which time all voting members are expected to be available to meet and take action.

(4)

When taking action on matters other than applications for development permits or appeals, a simple majority of the members present shall be necessary to approve any motion. In the event of a tie vote, the proposed motion shall be considered to have failed.

(5)

No member shall abstain from voting on any matter unless there is a conflict of interest pursuant to F.S. § 112.01 et seq.

(f)

Rules of procedure. All meetings shall be governed by Robert's Rules of Order. The board of adjustment may, by a majority vote of the entire membership, adopt additional rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings and determinations.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Generally.

(1)

General meetings of the board of adjustment shall be held at least once a month to dispense of matters properly before the board of adjustment, provided there are pending items or matters to be brought before the board. In the event there are no pending items or matters to be brought before the board, the chairman may cancel a scheduled meeting, provided that written notice of cancellation is given to all members of the board of adjustment and duly posted at least 24 hours prior to the scheduled time of the meeting.

(2)

Special meetings may be called by the chairman or in writing by a majority of the members of the board of adjustment. Twenty-four-hour written notice shall be given to each board of adjustment member before any meeting.

(b)

Continuance. Agenda items postponed due to a lack of a quorum, or full voting membership where required, shall be rescheduled for another board of adjustment meeting to take place within 30 days of the date of postponement.

(c)

Meetings open to the public. All meetings and public hearings of the board of adjustment shall be open to the public.

(d)

Notice. In addition to other notice requirements provided for under this Code for certain items to be considered by the board of adjustment, all meetings shall be set for a time certain after 24-hour notice is duly posted.

(Ord. No. 95-1, § 1, 1-30-95)

The members of the board of adjustment shall receive no compensation for their services. Travel reimbursement for members of the board of adjustment are limited to expenses incurred only for travel outside of the county necessary to fulfill the responsibilities of membership on the board of adjustment. Travel reimbursement shall be made only when sufficient funds are available and upon prior approval by the town commission.

(Ord. No. 95-1, § 1, 1-30-95)

There is hereby established an architectural review and planning board.

(Ord. No. 95-1, § 1, 1-30-95)

The architectural review and planning board shall have the following powers and duties under the provisions of this Code:

(1)

To serve as the land development regulation commission as per F.S. §§ 163.3174 and 163.3164;

(2)

To initiate, hear, review, consider and make recommendations to the local planning agency concerning applications for development permits to amend the text of the comprehensive plan as provided in F.S. § 163.3187 and section 58-51 of this Code;

(3)

To initiate, hear, review, consider and make recommendations to the local planning agency concerning applications for development permits to amend the future land use map of the comprehensive plan as provided in F.S. § 163.3187 and section 58-51 of this Code;

(4)

To initiate, hear, review, consider and make recommendations to the local planning agency concerning the periodic evaluation and appraisal reports of the comprehensive plan as per F.S. § 163.3191;

(5)

To initiate, hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits to amend the text of this Code as provided in section 66-6 of this chapter;

(6)

To initiate, hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits to amend the official zoning map of this Code as provided in section 66-6 of this chapter;

(7)

To initiate, hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits for developments of regional impact as provided in F.S. § 380.06, or which are subject to review for extra-jurisdictional impacts under the provisions of the intergovernmental coordination element of the adopted comprehensive plan;

(8)

To hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits for development agreements as provided by F.S. § 163.220 et seq.;

(9)

To hear, review, consider and make recommendations to the town commission to approve, approve with conditions, or deny applications for development permits for subdivisions as provided in chapter 62 of this Code;

(10)

To hear, review, consider and make recommendations to the board of adjustment to approve, approve with conditions, or deny applications for development permits for variances as provided in division 3 of article V of this chapter;

(11)

To hear, review, consider and make recommendations to the board of adjustment to approve, approve with conditions, or deny applications for development permits for special exceptions as provided in division 4 of article V of this chapter;

(12)

To hear, review, consider and make recommendations to the board of adjustment to approve, approve with conditions, or deny applications for development permits for level 3 architectural/site plans as provided in division 2 of article V of this chapter;

(13)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for level 2 architectural/site plans as provided in division 2 of article V of this chapter;

(14)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for land clearing as provided in section 58-136 et seq. of this Code;

(15)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for landscape disturbance permits as provided in sections 66-321 et seq. of this Code;

(16)

To hear, review, consider and approve, approve with conditions, or deny applications for development permits for signs as provided in sections 66-446 et seq. of this Code;

(17)

To hear, review, consider and approve, approve with conditions, or deny all other applications for development permits which are otherwise assigned by this Code to other review authorities, other than the town commission or board of adjustment, for final action but which are an integral part of and are submitted and processed simultaneously with applications for development permits which require final action by the architectural review and planning board; and

(18)

To perform any other functions, duties, and responsibilities assigned to it by this Code or the town commission.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Qualifications. Members of the architectural review and planning board shall be qualified electors of the town. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience in planning, law, architecture, landscape architecture, engineering, natural resource management, and related fields.

(b)

Appointment. The architectural review and planning board shall consist of five members and three alternate members appointed by the town commission. All members shall serve a three-year term.

(c)

Terms of office.

(1)

The term of office for each member shall be three years. All qualifying members serving on the architectural review and planning board on the effective date of the ordinance from which this article derives may, at the discretion of the town commission, complete their terms according to their appointment.

(2)

When a member is appointed to fill out the term of a departing member, that person's term will end at the time the departing member's term would have ended.

(3)

A member may be reappointed at the conclusion of each three year term for an additional three year term.

(d)

Removal from office.

(1)

Members shall serve at the pleasure of the town commission and may be removed by the town commission without cause at any time.

(2)

In the event that any member is no longer a qualified elector, or is convicted of a felony, or an offense involving moral turpitude in office, the town commission shall terminate the appointment of such person as a member.

(3)

If any member of the architectural review and planning board fails to attend three consecutive regular architectural review and planning board meetings without an excused absence, or four or more meetings within any 12-month period with or without an excused absence, the town commission shall terminate the appointment of such person as a member. Participation for less than ¾ of a meeting shall constitute lack of attendance. A member who has been removed under this provision may be reinstated by the town commission. These provisions shall apply to alternate members only for those meetings for which they have been asked to serve.

(4)

Excused absence constitutes absence due to illness, absence from Palm Beach County, or personal hardship, if approved by a majority vote of the architectural review and planning board. Excused absence shall be entered into the minutes of the meeting.

(5)

Members removed from office shall be terminated immediately and not continue to serve until a new appointment is made by the town commission.

(e)

Vacancy.

(1)

When a member resigns or is removed, an alternate member shall vote in the resigned or removed member's absence until a permanent member is appointed.

(2)

The town commission shall fill a vacancy within 60 days after it occurs.

(f)

Conflict of interest.

(1)

Generally. No member shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activities, or incur any obligation of any nature which is in substantial conflict with the proper discharge of duties as a member of the architectural review and planning board.

(2)

Implementation. To implement this policy and strengthen the faith and confidence of the citizens of the town, members of the architectural review and planning board are directed:

a.

Not to accept any gift, favor or service that might reasonably tend to improperly influence the discharge of official duties;

b.

To make known by written and oral disclosure, on the record at an architectural review and planning board meeting, any interest which the member has in any pending matter before the architectural review and planning board, before any deliberation on that matter;

c.

To abstain from using membership on the architectural review and planning board to secure special privileges or exemptions;

d.

To refrain from engaging in any business or professional activity which might reasonably be expected to require disclosure of confidential information acquired by membership on the architectural review and planning board not available to members of the general public, and refrain from using such information for personal gain or benefit;

e.

To refrain from accepting employment which might impair independent judgement in the performance of responsibilities as a member of the architectural review and planning board;

f.

To refrain from accepting or receiving any additional compensation from any source other than the town for duties performed as a member of the architectural review and planning board;

g.

To refrain from transacting business in an official capacity as a member of the architectural review and planning board with any business entity of which the member is an officer, director, agent or member, or in which the member owns a controlling interest;

h.

To refrain from participating in any matter in which the member has a personal investment which will create a substantial conflict between private and public interests.

(3)

Violation voids vote. Willful violation of this subsection which affects a vote of the architectural review and planning board shall render that action voidable by the town commission.

(Ord. No. 95-1, § 1, 1-30-95; Ord. No. 18-2, § 1, 3-9-18; Ord. No. 22-7, § 1, 12-9-22)

(a)

Chairman and vice chairman. At the annual organizational meeting (to be held in April of each year), the members of the architectural review and planning board shall select one of their members as chairman and one other member as vice chairman. The chairman shall be in charge of all proceedings before the architectural review and planning board, shall decide all points of order on procedure, and shall take such action as shall be necessary to preserve the order and integrity of all proceedings before the architectural review and planning board. In the absence of the chairman, the vice chairman shall act as chairman and shall have all powers and duties of the chairman. In the absence of both the chairman and vice chairman, the members present shall select a chairman pro-tem to act as chairman who shall have all the powers of the chairman. The chairman and vice chairman shall serve terms of one year.

(b)

Alternates. Alternate members of the architectural review and planning board shall serve when called upon by the chairman of the board in the absence of any full member of the board. While serving, the alternate member shall have all of the powers, duties and authority of a full member.

(c)

Secretary. The town clerk shall serve as secretary of the architectural review and planning board. The secretary shall keep minutes of all proceedings, which minutes shall be a summary of all proceedings before the architectural review and planning board, which shall include the vote of all members upon every question, and be attested to by the secretary. The minutes shall be approved by a majority of the architectural review and planning board members voting. In addition, the secretary shall maintain all records of the architectural review and planning board meetings, hearings, proceedings, and the correspondence of the architectural review and planning board. The records of the architectural review and planning board shall be stored with the town clerk's office, and shall be available for inspection by the public, upon reasonable request, during normal business hours. The town clerk also shall be responsible for administering oaths and swearing in of witnesses where required.

(d)

Staff.

(1)

The planning and building department shall be the professional staff of the architectural review and planning board. The planning and building department shall be responsible for preparing the agenda and providing a recommendation to the architectural review and planning board on all matters brought before the board where appropriate. However, nothing herein shall preclude the architectural review and planning board from seeking the expertise and advice of others.

(2)

At its discretion, the architectural review and planning board may request the town commission retain additional professionals such as architects, planners, landscape architects, engineers, etc., to advise the architectural review and planning board on any matters placed before it.

(e)

Town attorney. The town attorney shall provide counsel and interpretation on legal issues.

(f)

Quorum and voting.

(1)

The presence of a majority of members of the architectural review and planning board shall constitute a quorum of the architectural review and planning board necessary to transact business.

(2)

When taking action on applications for development permits for which the architectural review and planning board has been designed by this article as the final review authority, a ⅗ majority vote or greater of the entire membership of the architectural review and planning board shall be required to approve any motion. In the event one or more members of the architectural review and planning board has a conflict of interest pursuant to F.S. § 112.01 et seq. regarding a specific application for development permits, then a simple majority of the remaining eligible members shall be required to approve any motion.

(3)

In the event that the full voting membership of the architectural review and planning board is not present to take final action on a particular application for development permits for which the architectural review and planning board has been designated by this article as the final review authority, the applicant, upon his or her request, shall be granted a continuance to a time certain at which time all voting members will be available to meet and take action.

(4)

When taking action on matters other than applications for development permits for which the architectural review and planning board has been designated by this division as the final review authority, a simple majority of the members present shall be necessary to approve any motion. In the event of a tie vote, the proposed motion shall be considered to have failed.

(5)

No member shall abstain from voting on any matter unless there is a conflict of interest pursuant to F.S. § 112.01 et seq.

(g)

Rules of procedure.

(1)

All meetings shall be governed by Robert's Rules of Order. The architectural review and planning board may, by a majority vote of the entire membership, adopt additional rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, findings and determinations.

(2)

For items that require the architectural review and planning board make a recommendation to the town commission, local planning agency or board of adjustment, the architectural review and planning board shall make its recommendation within 60 days of the date the item is originally placed on the architectural review and planning board agenda or within 60 days of the close of the public hearing on the item, whichever is later. Failure of the architectural review and planning board to make a recommendation within this time period shall result in the item being sent to the final review authority without a recommendation. Time periods during continuances requested by an applicant shall be exempted from this requirement.

(Ord. No. 95-1, § 1, 1-30-95)

(a)

Generally.

(1)

General meetings of the architectural review and planning board shall be held at least once a month, with the exception of the month of August, to dispense of matters properly before the architectural review and planning board, provided there are pending items or matters to be brought before the board. In the event there are no pending items or matters to be brought before the board, the chairman may cancel a scheduled meeting, provided that written notice of cancellation is given to all members of the architectural review and planning board and duly posted at least 24 hours prior to the scheduled time of the meeting.

(2)

Special meetings may be called by the chairman or in writing by a majority of the members of the architectural review and planning board. Twenty-four-hour written notice shall be given to each architectural review and planning board member before any meeting.

(3)

The architectural review and planning board shall not meet in the month of August without the consent of the town commission who shall first find that an emergency situation exists that requires the architectural review and planning board meet in the month of August. Emergency situations shall be those defined in F.S. § 163.3187.

(b)

Continuance. Agenda items postponed due to a lack of a quorum, or full voting membership where required, shall be rescheduled for another architectural review and planning board meeting to take place within 30 days of the date of postponement.

(c)

Meetings open to the public. All meetings and public hearings of the architectural review and planning board shall be open to the public.

(d)

Notice. In addition to other notice requirements provided for under this Code for certain items to be considered by the architectural review and planning board, all meetings shall be set for a time certain after 24-hour notice is duly posted.

(Ord. No. 95-1, § 1, 1-30-95)

The members of the architectural review and planning board shall receive no compensation for their services. Travel reimbursement for members of the architectural review and planning board are limited to expenses incurred only for travel outside of the county necessary to fulfill the responsibilities of membership on the architectural review and planning board. Travel reimbursement shall be made only when sufficient funds are available and upon prior approval by the town commission.

(Ord. No. 95-1, § 1, 1-30-95)

The planning and building administrator shall be the head of the planning and building department and shall be appointed and serve at the pleasure of the town manager.

(Ord. No. 95-1, § 1, 1-30-95)

The planning and building administrator shall have the following powers and duties under the provisions of this Code. Any or all of these duties may be delegated to others upon the approval of the town manager.

(1)

To administer the planning and building department;

(2)

To serve as staff for the town commission, local planning agency, board of adjustment, architectural review and planning board, and any other boards or committees appointed by the town commission or town manager to investigate or review matters pertaining to the use of land;

(3)

To review and render interpretations to all provisions of the comprehensive plan and future land use map as provided in section 58-51 of this Code;

(4)

To review and render interpretations to all provisions of this Code and official zoning map as provided in section 66-180 of this chapter;

(5)

To undertake the current and long range comprehensive planning responsibilities of the town under F.S. § 163.3161 et seq.;

(6)

To review the comprehensive plan pursuant to F.S. § 163.3191;

(7)

To recommend annually any comprehensive plan or future land use map amendments;

(8)

To recommend annually any necessary amendments to this Code or official zoning map;

(9)

To accept applications for, review and prepare staff reports recommending approval, approval with conditions, or denial of applications for the following development permits as provided in this chapter: text amendments to the comprehensive plan; amendments to the future land use map; annexations or contractions of the municipal limits; amendments to the text of this Code, amendments to the official zoning map; developments of regional impact or which are subject to review for extra-jurisdictional impacts under the provisions of the intergovernmental coordination element of the adopted comprehensive plan; development agreements; subdivisions; variances; special exceptions; levels 2 and 3 architectural/site plan review; land clearing plans; landscape disturbance permits; and signs;

(10)

To review and approve, approve with conditions, or deny applications for development permits for level 1 architectural/site plan review as provided in division 2 of article V of this Code;

(11)

To review and approve or deny applications for concurrency determinations as provided in chapter 44 of this Code;

(12)

To review and approve, approve with conditions, or deny applications for occupational registrations for home occupations as provided in article III of the Gulf Stream Design Manual;

(13)

To review and approve, approve with conditions, or deny applications for development permits for building permits as provided in sections 42-26 et seq. of this Code;

(14)

To review and approve, approve with conditions, or deny applications for development permits for certificates of occupancy or certificates of completion as provided in sections 42-26 et seq. and sections 66-116 et seq. of this Code;

(15)

To monitor and assist in the enforcement of this Code as provided in section 66-7 of this chapter; and

(16)

To ensure compliance with conditions of a development permit or development order as provided in section 66-7 of this chapter.

(Ord. No. 95-1, § 1, 1-30-95)