This article sets forth the duties and responsibilities of the agencies and boards described herein and the notice provisions required for obtaining land use changes, site plans, plats, special exceptions, variances, vested rights, re-zonings, any other development orders and certain types of permits.

Under the provisions of this chapter the city shall have the authority to review development as defined in this chapter and in F.S. § 380.04.

(Ord. of 9-25-06)

The council shall have the following duties and responsibilities.

(1)

To initially adopt and subsequently amend the provisions and requirements of this chapter and the Comprehensive Plan as may be considered necessary from time to time, after such amendments are reviewed and recommended by the planning and zoning board.

(2)

To establish by ordinance the duties and responsibilities of the planning and zoning board.

(3)

To have final authority for approval of subdivisions and subdivision plats pursuant to F.S. ch. 177.071.

(4)

To make changes or amendments to the various zones as specified in this chapter.

(5)

To hear and decide certain appeals.

(6)

To have final authority for vacation, abandonment, or acceptance of dedicated public ways including rights-of-way or easements.

(7)

To perform any other deliberations or actions not otherwise assigned to any other board, committee, or staff, which may be necessary or desirable for the implementation of this chapter.

The city council may act only after public notice and hearings as provided by law and upon initiation by its own motion or by petition.

Meetings of the city council with reference to land use, zoning, variances, site plans, platting, appeals, vested rights and special exceptions shall be in accordance with the rules of procedure for regular city council meetings.

(Ord. of 9-25-06)

The planning and zoning board shall have the following duties and responsibilities.

(1)

The planning and zoning board review and recommend to the city council any amendments to the provisions and requirements of this chapter and the Comprehensive Plan as may be considered necessary from time to time.

(2)

The planning and zoning board shall have the duty to hear all matters concerning zoning and zoning variances, special exceptions and vested rights. After hearing the matter before it, the board shall make a written recommendation to the city council of the action the board believes should be taken.

(3)

The planning and zoning board shall establish rules and regulations for its own operation not inconsistent with the provisions of applicable state statutes or this chapter.

(4)

The planning and zoning board shall meet at the call of the chair, at the written request of three or more regular members, or within 30 days, or as soon as reasonably possible, after receipt of a matter to be acted on by the board. Three members of the planning and zoning board shall constitute a quorum. All meetings of the planning and zoning board shall be public and a record of all resolutions, transactions, findings, and determinations of the board shall be made, which shall be a public record on file in the office of the city clerk.

(Ord. of 9-25-06)

The technical review committee shall have the following duties and responsibilities:

(1)

For development applications (such as site plans, plats, special exceptions, variances, and re-zonings), as deemed necessary by the zoning department, the committee shall make an initial determination of conformance with applicable regulations.

(2)

The voting membership of the committee shall be composed of an employee or consultant appointed from each of the following departments, agencies and entities:

a.

Building department;

b.

Zoning department;

c.

Code compliance department;

d.

Water and sewer department;

e.

Public works department; and

f.

Police department;

and shall provide a recommendation on development proposals, as necessary, which shall be made available to the applicant, to the planning and zoning board and to the city council.

In addition, the committee will solicit and allow relevant comments from the fire department and/or other governmental agencies as needed.

(3)

The technical review committee shall meet at least monthly to review development proposals as prescribed in this chapter.

(4)

The chief zoning official shall be coordinator, and chair and may call additional meetings and or refer matters to the committee for comment.

(Ord. of 9-25-06)

The zoning department shall have the following duties and responsibilities:

(1)

The zoning department shall promote, protect, and improve the health, safety, and welfare of the citizens of the city by providing an equitable, expeditious, effective, and inexpensive method of enforcing the zoning, sign, and related technical codes in force of the city.

(2)

Provide staff support to the city council and planning and zoning board on matters pertaining to the city's Code and Comprehensive Plan.

(3)

Receive, process, and determine completeness of all applications for comprehensive plan amendments, development approval, zone changes, variances, use permits, vested rights or appeals, local business tax receipt or other permits that may be required by this chapter.

(4)

Make determinations, interpretations, and decisions regarding applicable zones, allowable uses, special exceptions, zone boundaries, or any other provision of this chapter.

(5)

Recommend, recommend with conditions, or deny development orders as specified in this chapter, or refer them to the planning and zoning board as may be considered necessary.

(6)

Make substantial compliance determinations.

(7)

Schedule proceedings before the planning and zoning board.

(8)

Duties associated with the routine administration of this chapter unless otherwise specified herein or governed by general law.

(9)

The zoning department shall determine if a violation requires a variance or if the violation shall be removed.

(Ord. of 9-25-06; Ord. No. 2008-06, § 3, 9-16-08)

Whenever the city acts as petitioner for changes in land use or zoning classification, a change of conditions or regulations of any district, or a change to any other provision of this chapter, it shall make written application do so.

The application shall be accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law.

The planning and zoning board shall hold a public hearing or hearings thereon, with due public notice as required pursuant to Florida Statutes. The planning and zoning board shall submit in writing its recommendations on the proposed change to the city council for official action.

The city council shall then proceed to amend, supplement, repeal, or leave unchanged the regulations in accordance with the applicable provision of local and state law.

(Ord. of 9-25-06)

Whenever the fee simple owner of any property desires a change in land use or zoning classification, a change of conditions or regulations of any district, or a change to any other provision of this chapter, the applicant shall do so to the zoning department in a form as prescribed by the city, together with the appropriate fee as set forth in a separate ordinance to cover the cost of notice for a public hearing.

The written application shall be signed by the owner or owner's designee. The application shall be accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law.

The planning and zoning board shall hold a public hearing or hearings thereon, with due public notice. The planning and zoning board shall submit in writing its recommendations on the proposed change to the city council for official action.

The city council shall then proceed to amend, supplement, repeal, or leave unchanged the regulations in accordance with the applicable provision of local and state law.

(Ord. of 9-25-06)

_____

Typically notice is given only to the applicant.

** The 30-day notice provision is in effect if a development application is to be heard by the city council initially.

In order to provide adequate public notice for all hearings concerning changes or modifications in the classification or regulation affecting any property, including special exception use, variance, land use amendment or zoning change in any zoning districts, vested rights or appealing a decision of the city, the following shall be done:

(1)

Notice to property owners.

a.

Any applicant desiring a public hearing shall file a written petition setting forth the desired change or modification.

b.

The applicant shall pay to the city the appropriate public hearing and notice fees (including postage) according to the type of application requested. All must be received upon submittal of the application for such hearing. A schedule of fees, as may be amended from time to time, is on file in the city clerk's office.

c.

Prior to any action being taken by any board or agency of the city, owners of property within 1,500 feet in each direction of any parcel wherein a request is being made, shall be notified by regular mail at least 15 days prior to the time that such request shall be considered.

Notices shall be mailed by the city to all owners of record within such required radius. If additional mailings are required for any reason, the applicant shall pay the city the cost of said mailings. No hearing before any board or agency shall be held until seven days after mailing of notices. Failure to receive notice by any affected property owner shall not constitute grounds to set aside any action or relief granted.

(2)

Notice in accordance with F.S. ch. 50.

a.

An advertisement shall be published in, accordance with F.S. ch. 50, pursuant to section 78-27, Notice requirements and procedures for public hearings.

(3)

Posting of public notice.

a.

A sign shall be prepared and posted on the property by the city setting forth a notice of public hearing before any board or agency and shall remain posted on the property through the date of the public hearing. All costs of posting the property and preparing the notice shall be paid by the applicant.

(4)

Failure to comply with the notice requirements of this section shall constitute a withdrawal of the application and no action on the application shall be taken by any board or agency of the city until compliance with this section.

(5)

Should a request for special exceptions be presented in the first instance to the city council and not to the planning and zoning board, then the notice required by this section shall be given to such property owners 30 days prior to the taking of any action on such request by the city council.

(Ord. of 9-25-06; Ord. No. 2024-22, § 2, 11-19-24)