(a)

In addition to any general authority granted to city commission by state law, the city commission shall have the following powers and duties:

(1)

To approve, approve with modifications, or deny development orders for developments of regional impact (DRIs) in conjunction with current state laws.

(2)

To enter into development agreements;

(3)

To execute final plats prior to recording;

(4)

To vacate and annul plats;

(5)

To adopt and amend the Comprehensive Plan after recommendation by the plan board;

(6)

To initiate, review and adopt amendments to this Code, after recommendation by the plan board; and

(7)

To take such other action not delegated to the plan board or other appointed citizen board as city commission may deem desirable and necessary to implement the provisions of these regulations and the Comprehensive Plan.

(b)

The commission shall act as dictated by the City of High Springs Charter.

A plan board is hereby established.

(1)

The plan board shall consist of five registered voters of the city, who shall be appointed by the city commission. No member of the plan board shall be an elected official or employee of the city.

(2)

The term of office shall be for three years.

(3)

Members of the plan board shall be removed from office for any of the following:

a.

If the plan board member should cease to be a registered voter of the city; or

b.

If a plan board member should have unexcused absences at two consecutive regularly scheduled meetings (an absence may be excused by a majority vote of the plan board); or

c.

By the city commission after the filing of specific written charges, a public hearing, and a majority vote of the city commission, the city commission shall determine what is "cause" and what factors determine it.

(4)

Vacancies in plan board membership shall be filled by appointment by the city commission for the un-expired term of the member affected. It shall be the duty of the chairman of the plan board to notify the city commission within ten days after any vacancy occurs.

(1)

The plan board may establish rules and regulations for its own operation not inconsistent with the provisions of applicable state statutes or of this LDC. Such rules of procedure shall be available in a written form to persons appearing before the plan board and to the public.

(2)

The plan board shall elect from within the board a chairperson, who shall be the presiding member; a vice chairman who shall preside in the chairman's absence; terms of all elected officers shall be for one year with eligibility for reelection.

(3)

The plan board shall hold regularly scheduled meetings. Special meetings may be held at the call of the chairman, or upon request of three or more regular members. Three members shall constitute a quorum.

(4)

All meetings of the plan board shall be public. A record of all its resolutions, transactions, findings, and determinations shall be a public record on file in the office of the city administrator.

(5)

The concurring vote of a majority of the members of the plan board who are present and voting, shall be necessary to pass any motion which is considered by the plan board.

(1)

General duties: The functions, powers and duties of the plan board in general shall be:

(a)

To acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and materials may include maps and photographs of manmade 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, or likely to be important, in determining the amount, directions and kind of development to be expected in the city.

(b)

To review Comprehensive Plan amendments and revisions, and recommend actions to the city commission.

(c)

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

(d)

To prepare and recommend to the city commission ordinances, regulations, and other proposals promoting orderly development along the lines indicated as desirable by the Comprehensive Plan.

(e)

To determine whether specific proposed elements conform to 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 Comprehensive Plan and ordinances, codes and regulations related to it, and to collect and compile 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 special facilities in the city. These 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, etc.

(h)

To inform and advise the city commission on these matters.

(i)

To perform such other duties as may be assigned by the city commission, or which may have bearing on the preparation or implementation of the Comprehensive Plan.

(2)

Specific duties. The plan board shall:

(a)

Review all proposed amendments to this LDC and make recommendations to the city commission.

(b)

Review subdivision plats as provided by ordinance and make recommendations to the city commission.

(c)

Review all applications for conditional use permits and make recommendations to the city commission.

(d)

Consider variance applications (article XII) sitting in a quasi-judicial capacity.

(e)

The plan board will prepare a report to the city commission which will give their recommendation to approve or deny a specific application or legislative act of the city. This report will include the reasons for their decision, and will have attached any supporting documentation supplied to the board. This report may be prepared with the assistance of the city planner.

A code enforcement board or special magistrate is hereby established, pursuant to F.S. ch. 162, for the purpose of hearing and deciding alleged violations of this Code. The Board shall not, however, have the authority to deviate or grant variances or waivers from the requirements of this Code and administrative code chapter 38.

(Ord. No. 2017-05, § 2, 6-8-2017)

The board shall have the following powers and duties:

(a)

To adopt rules for the conduct of its hearings.

(b)

To subpoena evidence, witnesses, and alleged violators.

(c)

To take testimony under oath.

(d)

To issue orders, having the force of law, commanding those actions necessary to bring a violation into compliance.

A historic preservation board is hereby established.

(1)

The historic preservation board shall consist of five registered voters of the city, who shall be appointed by the city commission. The city commission should, whenever possible, appoint a representative of each of the following areas of expertise:

(a)

History;

(b)

Real estate/real property appraisal;

(c)

Urban planning;

(d)

Architecture/engineering/building construction;

(e)

Business operator in the historic district/property owner in the historic district.

(2)

No member of the historic preservation board shall be an elected official or employee of the city.

(3)

The term of office shall be for three years; provided, however, that of the five members first appointed to the historic preservation board at the effective date of this LDC, one shall be appointed for one year; two for two years and two shall be appointed for three years; all appointments thereafter shall be for three-year terms.

(4)

Members of the historic preservation board shall be removed from office for any of the following:

(a)

If the historic preservation board member should cease to be a registered voter of the city; or

(b)

If a historic preservation board member should have unexcused absences at two consecutive regularly scheduled meetings; an absence may be excused by a majority vote of the historic preservation board; or

(c)

By the city commission after the filing of specific charges, a public hearing, and a majority vote of the city commission. The city commission shall determine what is "cause" and what factors determine it.

(5)

Vacancies in the historic preservation board shall be filled by appointment by the city commission for the un-expired term of the member affected. It shall be the duty of the chairman of the historic preservation board to notify the city commission within ten days after any vacancy occurs.

In lieu of the procedure set forth in section 10.02.01 above, the city commission may designate the plan board to serve as the historic preservation board. Such designation shall be made by resolution of the city commission. If such designation should be made, organization shall be in accordance with provisions of section 10.02.01 relating to organization of the plan board.

(1)

The historic preservation board may establish rules and regulations for its operation not inconsistent with the provisions of the applicable state statutes or of this LDC. Such rules and procedures shall be available in writing to persons appearing before the historic preservation board and to the public.

(2)

The historic preservation board shall elect from within the board a chairman, who shall be the presiding member; a vice-chairman, who shall preside in the chairman's absence; and a secretary. Terms of all elected officers shall be for one year with eligibility for reelection.

(3)

The historic preservation board shall hold regularly scheduled meetings. Special meetings may be held at the call of the chairman, or upon the request of three or more regular members. Three members shall constitute a quorum.

(4)

All meetings, reports and documentation of any kind or type of the historic preservation board shall be public. A record of all its resolutions, transactions, findings and determinations shall be a public record on file in the office of the city administrator.

(5)

The concurring vote of a majority of the members of the historic preservation board, who are present and voting, shall be necessary to pass any motion which is considered by the historic preservation board.

(1)

The zoning administrator or his/her designee, who is an employee of the city, will serve as the historic preservation officer.

(2)

Specific duties. The historic preservation officer shall:

(a)

Perform administrative acts required by section 10.02.05, including researching background material, preparing reports and recommendations, receiving and processing appeals, attending meetings of the historic preservation board, and rendering such assistance to the historic preservation board as is required.

(b)

Work with and assist departments of the city in matters affecting historic preservation.

(c)

In conjunction with policy as established by the historic preservation board, the HPO shall establish and maintain a program of incentives. The incentives shall be used to encourage owners of historic properties to obtain historic preservation designation and to assist owners of designated property in recognition, restoration and maintenance of their historic, architectural or archaeological resources.

(d)

Issue nominations and recommendations of potential eligibility for local register designation. Upon receipt of an application for listing, the historic preservation officer shall evaluate the property based on the criteria set forth in part 3.03.00, historic districts, to determine whether the property could qualify for designation to the local register or could qualify for inclusion in a historic preservation district. A determination made by the historic preservation officer pursuant to this section shall be advisory only and shall not limit future consideration of local register designation in accordance with the provisions of this chapter.

(e)

Perform such other acts as are required by this ordinance or by the historic preservation board.

(f)

Issue recommendations on applications for demolition of historic structures to the historic preservation board.

(g)

Issue certificates of appropriateness:

i.

Issue certificates of appropriateness for minor changes to existing structures that constitute no change in the historic character of the structure. These can include, but are not limited to: window and door repair or replacement, re-roofs, repair to porches, siding, railing or eves, driveways, or other minor changes that may require a building permit.

ii.

For applications that cannot be granted by the historic preservation officer, make detailed recommendations to the historic preservation board on certificates of appropriateness.

(h)

Update the official inventory of historic resources and submit to the city commission recommendations and documentation concerning updating.

(i)

Develop programs to stimulate public interest in historic neighborhood conservation, to participate in the adaptation of existing codes, ordinances, procedures and programs to reflect historic neighborhood conservation policies and goals.

(j)

Explore funding and grant sources and advise property owners concerning which might be available for identification, protection, enhancement, perpetuation, and use of historic architectural, archaeological and cultural resources.

(k)

Cooperate with agencies of town, county, regional, state and federal governments in planning proposed and future projects to reflect historic preservation concerns and policies, assist in the development of proposed and future land use plans.

(1)

Appeals to the historic preservation officer, or the historic preservation board will follow the procedures outlined in section 11.01 of this LDC.

(1)

General duties. The functions, powers and duties of the historic preservation board in general shall be to:

(a)

Update the official inventory of historic resources and submit to the city commission recommendations and documentation concerning updating.

(b)

Develop programs to stimulate public interest in historic neighborhood conservation, to participate in the adaptation of existing codes, ordinances, procedures and programs to reflect historic neighborhood conservation policies and goals.

(c)

Explore funding and grant sources and advise property owners concerning which might be available for identification, protection, enhancement, perpetuation, and use of historic architectural, archaeological and cultural resources.

(d)

Cooperate with agencies of town, county, regional, state and federal governments in planning proposed and future projects to reflect historic preservation concerns and policies, assist in the development of proposed and future land use plans.

(e)

Advise property owners and local government agencies concerning the proper protection, maintenance, enhancement and preservation of cultural resources.

(f)

Advise the city commission on the effects of local governmental actions on the historic resources.

(g)

Undertake such other duties and responsibilities as may be designated by resolution of the city commission.

(h)

When applicable, all inventory materials produced by the historic preservation board shall be compatible with the requirements of the Florida Master Site File.

The City Commission of the City of High Springs delegates the authority and responsibility for the administration of this Code to the city manager in his capacity as chief executive officer of the city. The city manager may delegate at his/her discretion the powers and duties of administering this Code to other city officials in accordance with his general authority and the specific provisions of this Code.

The term "administrator" shall mean and be synonymous with the terms city manager, planning director, zoning administrator, building official, public works director, their designee, or any other official designated by the city manager or authorized by this Code to perform specific duties.

(a)

The planning director is responsible for the functions of planning and development review shall be the primary intake of development order applications. The planning director or designee, shall have the following duties, responsibilities, and powers:

(1)

To oversee the appropriate application of the provisions of this Code, state and county laws as they pertain to planning and development in High Springs.

(2)

To ensure appropriate interdepartmental coordination regarding the review and approval of preliminary plans, plats, and final development orders.

(3)

To provide city commission, plan board, and SPRC with reports and recommendations concerning applications and their compliance with standards and provisions of this Code.

(4)

To perform such other duties and functions as required by the provisions of this Code.

The city manager, or administrator's designee, shall be the administrative official to be known as the zoning administrator and shall administer and enforce this LDC. The zoning administrator is authorized to act through aides and assistants in the performance of duties. The zoning administrator may request the assistance of any officer or agency of the city or any officer or agency contracting with the city for the provision of services.

It is the intent of this LDC that questions of interpretation and enforcement shall first be presented to the zoning administrator and that such questions shall be presented to the city commission only on appeal from a decision of the zoning administrator.

(1)

The zoning administrator shall maintain written records of all official actions relating to administration, and of all complaints and actions with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases, and the same shall be a public record.

(2)

The zoning administrator shall maintain a record of all certificates of appropriateness, zoning permits and conditional use permits and copies shall be furnished upon request to any person.

(a)

The building official and shall have the following duties and powers:

(1)

To administer building and construction codes and the permitting process to ensure compliance with such codes.

(2)

To ensure compliance with such additional standards and requirement as shall be specified in this Code regarding signs, swimming pools, storage buildings, fences, construction standards for accessory uses and buildings.

(3)

To ensure that conditions attached to final development orders shall be met prior to the certification of a building for occupancy.

(4)

To perform such other duties and functions as required by the provisions of this Code.

A site plan review committee (SPRC) is hereby established for the purpose of providing professional and technical review of all applications for development orders.

(a)

Membership of the SPRC shall include, but not be limited to, the director from each division or department named below. In addition, the city manager may appoint such additional employees as may be required for a complete and appropriate review of applications for development orders.

(1)

City manager.

(2)

Planning director.

(3)

Building official.

(4)

Utilities director.

(5)

Public work director.

(6)

Fire chief.

(7)

Police chief.

(b)

Additional members (ad hoc) may be required for consideration of proposals which may have interjurisdictional impacts, or which require coordination with entities not represented above. At the request of the city manager such additional members may be asked to participate in a particular issue.

(c)

The city manager shall serve as chair of the SPRC.

(a)

The SPRC shall have the responsibility to review and the authority to approve or deny applications for development proposals involving the types of applications prescribed in section 11.00.01 and Table 11.00.01 Type of Procedure by Development Option.

(b)

The SPRC shall have the responsibility to review and make recommendation to the plan board, or city commission as applicable, on the types of applications prescribed in section 11.00.01 and Table 11.00.01 Type of Procedure by Development Option.

(c)

The SPRC shall consider any action or decision referred to it by any of its members. In considering such action or decision, the SPRC may exercise the same authority and discretion afforded the referring administrative official.

(d)

The SPRC shall carry out such other duties as may be assigned to it from time to time.

(a)

Regular meetings of the SPRC shall be held at least once per month, at an established time and place. Additional meetings may be scheduled by the chair.

(b)

Proposals to be reviewed at regular meetings shall be available to committee members at least two working days prior to the regularly scheduled meeting.

(c)

The chair shall appoint an employee to be responsible for the following:

(1)

Serve as recording secretary, who shall be responsible for a record of the proceedings.

(2)

Prepare and distribute an agenda.

(3)

Distribute applications and proposals.

(4)

Notify applicants of the time and place for consideration of applications.

(5)

Disseminate results of the meeting.

(d)

A quorum of four members shall be present for the conduct of business.

(e)

Voting shall be by consensus of the members. A vote for denial or disapproval by any members will be noted on the recommendation to the city commission. The reasons for this vote will be noted as well. Approval, denial, or recommendation with amendments will be made by a majorly vote of the committee. The committee shall act on all matters brought before it for decision, either by approval, denial, or recommendation to an appropriate authority.