A.

A planning commission is hereby established, which shall consist of eight, five members and three alternates to be appointed by the city commission, each for a term of three years, alternated so that at least one planning commission seat (and at least one alternate member seat) is vacated yearly. No person shall be appointed to the planning commission unless said person is a resident of the city. The planning commission shall also include a representative of the Polk County school district appointed by the Polk County school board to attend meetings at which the planning commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application.

B.

No member (or alternate member) of the planning commission shall hold any other public position or office in the government of the city; except, that one member of the planning commission may also be a member of the board of adjustment. Members (and alternated members) shall be from among persons in a position to represent the public interest, and no person shall be appointed with private or personal interest likely to conflict with the general public interest.

C.

Variances in planning commission membership (or alternate membership) shall be filled by appointment by the city commission within 30 days of the vacancy for the unexpired term of the member (or alternate member) affected. It shall be the duty of the chairman of the planning commission to notify the city commission within ten days after any vacancy shall occur among members (or alternate members) of the planning commission.

D.

Removal and forfeiture of office. A member (or alternate member) of the planning commission, shall forfeit his office if he:

1.

Lack at any time during his term of office any qualification of the office prescribed by law; or

2.

Is absent from four consecutive meetings without an excuse acceptable to the city commission. Absence from four consecutive meetings of the planning commission shall operate to vacate the seat of the member, unless such absence is excused by the city commission by resolution setting forth the facts of each excused absence; or

3.

Members (or alternate members) of the planning commission may be removed from office for cause by the affirmative votes of four members of the city commission upon written charges and public hearing, if the member or alternate member so affected requests such public hearing.

E.

Members (and alternate members) of the planning commission shall receive no salaries or fees for service on the commission shall receive actual and necessary expenses incurred in the performance of their duties of office.

A.

The planning commission shall select a chair and a vice chair from among its members and may create such other officers as it may determine. The administrative official shall be the permanent secretary of that commission, and is authorized to delegate the administrative work to another. All regular members (or alternate member who is sitting in the place of a member) shall be entitled to vote in matters before the planning commission. Unless otherwise approved by the city commission, the representative of the school district appointed by the Polk County school board to attend planning commission meetings shall be a nonvoting member. Terms of all officers shall be for one year, with eligibility for reelection.

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 planning commission unless there is no business to require such a meeting. Meetings that are not regularly scheduled shall not be held without at least 48 hours notice to each member.

C.

The planning commission shall keep records of its proceedings showing the vote of each member (or alternate member who is sitting in place of a member), including the chairman or vice-chairman, or if absent or failing to vote indicating such fact. The planning commission shall keep record of its' examinations and other official actions, all of which shall be public record and be filed immediately in the office of the administrative official. In the event that a planning commission member and/or an alternate should cast a dissenting vote on an official action, the reason for said dissenting vote(s) shall be stated and recorded as part of the proceeding.

In the temporary absence or disability of a member or in an instance where a member is otherwise disqualified to sit on a matter, the chair or the vice-chair in his absence, shall designate one or both alternate members to sit as commission members to effect a quorum or to obtain a full membership of five. When so acting, alternate members shall have full rights of participation and voting as for members; their vote shall be deemed that of a member in reaching commission decisions on a matter. In considering rezoning applications, an alternate member shall have the right to ask questions and to participate freely in discussions, but shall have no right to vote or make motions, unless sitting as a member. Persons appearing before the planning commission shall have no right of challenge as to commission jurisdiction when an alternate member is sitting in order to obtain a quorum or a full commission for the transaction of business; provided, this provision shall not prohibit any person appearing before the commission from placing in the record a statement alleging bias and requesting disqualification for bias of any member or alternate member.

D.

A quorum for the transaction of business shall consist of four members (or a combinations of four members (or a combination of four consisting of members and alternate members).

(Ord. No. 23-2053, § 1(Exh. A), 12-7-2023)

If any member of the planning commission (or alternate member) called on to sit on a particular matter, shall find that his private or personal interests are involved in the matter coming before the planning commission, they shall disqualify themselves from all participa-tion in that matter, or they may be disqualified by the votes of four members (or sitting alternate members) of the planning commission, not including the member about whom the question of disqualification has been raised. No member (or alternate member) of the planning commission shall appear before the planning commission as agent of attorney for any person. No member (or alternate member) of the planning commission shall appear before the board of adjustment or city commission as agent or attorney for any person regarding any matter governed by the Land Development Regulations.

The city commission shall make available to the planning commission such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of planning commission work. The city commission shall establish a schedule of fees to be charged by the commission. The commission shall have the authority to expend all sums so appropriated and other sums made available for its use from fees and other sources for the purpose and activities authorized by the Land Development Regulations.

The functions, powers and duties of the planning commission in general shall be:

A.

To acquire and maintain such data and analysis as are necessary to an understanding of past trends, present conditions and forces at work to cause changes in the conditions in the city. Such data and analysis will include maps, and photographs of man-made and natural physical features of the city, statistics on past trends and present conditions with respect to population, property values, economic base, land use and such other information as is important in determining the amount, direction and kind of development to be expected in the city and will further the purposes of the elements of the comprehensive plan.

B.

To prepare, adopt and recommend to the city commission for adoption and from time to time amend and revise the comprehensive plan or elements thereof for meeting present and future growth management requirements as may be forecast and/or necessary.

C.

To establish principles and policies for guiding action affecting development in the city and its environs.

D.

To prepare and recommend to the city commission ordinances, Land Development Regulations, and other proposals promoting orderly development in compliance with provisions of the comprehensive plan.

E.

To determine whether specific proposed developments are consistent with the principles and requirements of the comprehensive plan.

F.

To conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the elements of the comprehensive plan and any ordinances, codes and regulations adopted to implement the plan, and to recommend establishment of public committees when deemed necessary for the purpose of collecting and compiling information necessary for the plan, or for the purpose of promoting the accomplishment of the plan in whole or in part.

G.

To make or cause to be made any necessary special studies on the location, adequacy and conditions of specific duties in the city. 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.

H.

To keep the city commission and public informed and advised on these matters.

I.

To perform such other duties as may be lawfully assigned to it, or which may have bearing on the implementation of or amendments to the comprehensive plan.

J.

Requests for special approvals will not require planning commission review and recommendation. However, the city commission may request such review and recommendation if deemed necessary.

(Ord. No. 09-1346, § 24, 8-6-2009; Ord. No. 10-1388, § 2, 12-18-2010)

A.

A Board of Adjustment is hereby established, which shall consist of five members (and two alternate members), to be appointed by the city commission, each for a term of three years alternated so that one member seat and one alternate member seat is vacated yearly. No person shall be appointed to the board of adjustment unless said person is a resident of the city.

B.

Alternate members may act in the temporary absence or disability of any regular member or when a regular member is otherwise disqualified in a particular matter.

C.

No member (or alternate member) of the board shall be an official or employee of the city.

D.

Vacancies shall be filled by the city commission within 30 days after the vacancy occurs for the unexpired term of the member affected. It shall be the duty of the chair to notify the city commission within ten days after any vacancy shall occur among members (or alternate member) of the board.

E.

Removal and forfeiture of office. A member (or alternate member) of the board of adjustment shall forfeit his office if he:

1.

Lacks at any time during his term of office any qualification for the office prescribed by law; or

2.

Is absent from four consecutive meetings without an excuse acceptable to the city commission. Absence from four consecutive meetings of the board of adjustment shall operate to vacate the seat of the member, unless such absence is excused by the city commission by resolution setting for the facts of each excused absence; or

3.

Members (or alternate members) of the board of adjustment may be removed from office for cause by the affirmative votes of four members of the city commission upon written charges and public hearing, if the member (or alternate member) so affected requests such public hearing.

F.

Members (and alternate members) of the board of adjustment shall receive no salaries or fees for service on the board, but may receive actual and necessary expenses incurred in the performance of their duties of office.

A.

The board of adjustment shall elect a chair and a vice-chair from among its members and may create such other officers as it may determine. The administrative official shall be the permanent secretary of the board, and is authorized to delegate the administrative work to another. All regular members (or an alternate member who is sitting in place of a member,) shall be entitled to vote in matters before the board. Terms of all officers shall be for one year, with eligibility fore reelection.

B.

The board shall adopt rules for transaction of its business, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The board shall keep minutes of its proceedings showing the vote of each member (or alternate member) on each question, or if absent or failing to vote indicating such fact.

C.

Meetings of the board shall be held at the call of the chair and such times as the board may determine. Minutes of the board shall be filed promptly in the office of the city clerk. Copies of each application and appeal, notice of public hearing and resolution of the board shall be forwarded to each member of the city commission and planning commission.

The city commission shall make available to the board such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of the work of the board. The city commission shall establish a schedule of fees to be charged by the board. The board shall have the authority to expend all sums so appropriated and other sums made available for its use from fees and other sources for the purpose and activities authorized by the Land Development Regulations.

A.

The board of adjustment shall have the authority to hear and decide only such appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of the applicable provisions of the Land Development Regulations. Appeals of this class may be taken by any person aggrieved or by any officer or bureau of the city so affected.

B.

The only the city commission shall have the authority to hear and decide only such conditional uses as it is specifically authorized to pass on by the terms of the Land Development Regulations; to decide such questions as are involved in determining whether conditional use should be granted; and to grant conditional use with such conditions and safeguards as are appropriate under the Land Development Regulations, or deny conditional use when not in harmony with the purpose and intent of the Land Development Regulations and the comprehensive plan.

C.

The board of adjustment shall have the authority to authorize upon appeal, in specific cases, such variances for the terms of chapter 5, zoning and subdivisions in chapter 13, of the Land Development Regulations as will not be contrary to the public interest where, owing to special conditions, as literal enforcement of the provisions of the applicable Land Development Regulations would result in unnecessary and undue hardship.

That by the adoption of Ordinance No. 02-1023, amending section 7-23 of the Code of Ordinances of the City of Haines City, Florida; providing for the adoption by reference the First Printing Copyright 1997 Standard Unsafe Building Abatement Code, 1985 Edition.; providing for amendments and supplements to section 106 (Housing Board of Adjustments and Appeals) and see Code of Ordinances Chapter 7 (Recovery of cost of repairs or demolition.) That section 7-23 of the Code of Ordinances of the City of Haines City, Florida is hereby amended to read as follows:

Section 106.1, as referenced in the First Printing Copyright 1997 Standard Unsafe Building Abatement Code, 1985 Edition.

A board of adjustments and appeals shall be established for the express purpose of providing for the final interpretation of provisions of this code. The board shall consist of seven members who are not employees of the jurisdiction having authority and shall be appointed by the city commission. The members may include residents of the city, nonresident property owners of a business or; profession having a licensed business location within the municipal boundaries, and nonresidents of the city having experience or interest in fields of zoning, building control. The composition of the board shall, whenever possible, consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, a realtor, and a lay person. If members with those occupations are not available, then appointment may consist of members on the basis of experience or interest in fields of zoning and building control.