In addition to any authority granted the town commission by general or special law, the town commission shall have the powers and duties listed below:

(a)

Comprehensive plan. To initiate, hear, consider, approve, approve with conditions, or deny any application to amend the text or the future land use map of the comprehensive plan.

(b)

Applications for development order approval. To initiate, hear, consider, approve, approve with conditions, or deny any application for development order approval for special exceptions, multifamily site plans, or changes in nonconforming use.

(c)

Rezoning. To initiate, hear, consider, approve, or deny any application for rezoning of property.

(d)

Text amendment. To initiate, hear, consider, approve, approve with conditions, or deny any application for amending the text of this chapter.

(e)

Other development orders. To initiate, hear, consider, approve, approve with conditions, or deny any application for any other type of development order approval as provided herein.

(f)

Other powers and duties. To exercise all powers, duties, and functions as set forth in F.S. ch. 163, pt. II (F.S. 163.2511 et seq.).

(g)

Time limitations for development approvals and compliance with development orders. The town commission or planning board, as appropriate, for specified development orders, shall establish a time limitation for commencement of construction and compliance with conditions or terms of a development order.

(1)

Specified development orders. For the purposes of this section, the following are defined as specified development orders:

a.

Rezoning by a property owner or party other than the town;

b.

Special exception;

c.

Amendment to a residential planned unit development;

d.

Site plan—multifamily and nonresidential;

e.

Site plan—single-family, located on a single lot;

f.

Site plan—single-family, located within a larger project; and

g.

Site plan review, major modification.

(2)

Time limit established:

a.

For each specified development order, commencement of construction of the approved improvements shall be initiated within two (2) years following the date of approval by the town commission, or such other body as may be provided by this chapter.

b.

For each specified development order, completion of all conditions of approval shall occur within two (2) years following the date of approval by the town commission, or as may be otherwise provided in the development order approval.

(3)

Extension of time limits. The town commission may grant one or more extensions of time for a specified development order. Each time extension shall not exceed twelve (12) months. The town commission shall consider good faith efforts to commence construction or comply with conditions of approval, and may consider one or more of the following items:

a.

Consistency with the town's comprehensive plan;

b.

Consistency with the requirements of this chapter;

c.

Status of any requests for further development orders, including building permits;

d.

The number of time extensions previously granted;

e.

Attempts to secure other permits needed to initiate construction or comply with conditions;

f.

Marketing practices utilized to obtain financing, buyers, or otherwise initiate construction or comply with conditions;

g.

Reasonable development completion standards consistent with the nature and size of the affected project;

h.

Expenditures of funds to initiate development or comply with conditions;

i.

Efforts to comply with or complete any or all conditions of approval.

j.

Actions by other governmental agencies which adversely affect the ability of the owner to commence construction or comply with conditions;

k.

Actions by other parties which adversely affect the ability of the owner to commence construction or comply with conditions;

l.

Changed circumstances, including economic factors, which adversely affect the ability of the owner to commence construction or comply with conditions;

m.

Payment of required impact fees, utility fees, or dedication of land as required by the Town Code or this chapter; and

n.

Other factors which have affected the ability of the property owner to initiate construction or comply with conditions.

(4)

Requests. Requests for extension of time limits for specified development orders shall be submitted in writing to the building official.

a.

Each request shall indicate the name of the approved project, the property owner, and the number of months for which an extension is requested.

b.

Each request shall include payment of such fees as are established by the town commission.

c.

Each request shall document the good faith efforts of the property owner to initiate construction or to comply with the conditions of approval.

d.

Each request may include additional mitigating factors which affect the ability of a property owner to initiate construction or to comply with the conditions of approval.

(5)

Documentation. The building official may require such documentation as deemed necessary to substantiate the request of time extension.

(6)

Planning board review. Prior to a decision by the town commission, the planning board shall consider the request, and recommend that approval, denial, or approval with conditions be granted.

(Ord. No. 684, Art. II, § 1, 7-25-00)

(a)

Powers and duties. The planning board shall consider all applications as provided in Table 30-1, all matters of aesthetics of the community as provided in this chapter or in this Code, or as otherwise provided herein.

(b)

Advisory capacity. When acting in an advisory capacity, the planning board shall recommend approval, approval with conditions, or denial of an application for development approval to be considered by the town commission.

(c)

Decision-making capacity. When acting in a decision-making capacity, the planning board shall approve, approve with conditions, or deny applications for development approval.

(d)

Local planning agency. The planning board shall serve as the local planning agency, pursuant to F.S. § 163.3161.

(Ord. No. 684, Art. II, § 2, 7-25-00)

(a)

Powers and duties. The board of adjustment and appeals shall consider all applications as provided in table 30-1, or as otherwise provided herein.

(b)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, interpretation, requirement, decision, or determination made by administrative officials in the administration or enforcement of this chapter or the regulations governing town rights-of-way.

(c)

Variances. Consider granting or make recommendations to the town commission on variance requests pursuant to section 30-40 of this chapter and article VI of chapter 20.

(Ord. No. 684, Art. II, § 3, 7-25-00; Ord. No. 16-009, § 4, 8-2-16; Ord. No. 18-008, § 4, 10-2-18; Ord. No. 19-008, § 3, 11-5-19; Ord. No. 2021-018, § 5, 12-7-21)

(a)

Duties. The building official or designee shall administer, interpret, and enforce the provisions of this chapter.

(b)

Additional duties. The building official or designee shall perform the duties set forth in Table 30-1, and the duties listed below:

(1)

Ensure all applications for a building permit are consistent with the comprehensive plan, consistent with the requirements of this Code, consistent with any decisions by the town commission or other town decision-making bodies, and consistent with any other applicable federal, state, county, or town requirement;

(2)

Ensure all applications for development order approval are consistent with the concurrency requirements of the comprehensive plan and this chapter;

(3)

Maintain all approved plans and documents necessary for issuance of building permits;

(4)

Issue certificates of occupancy;

(5)

Administer, review, and process all applications for development order approval, including rezonings, variances, interpretations, special exceptions, site plan reviews, and any other procedures described in this chapter;

(6)

Present applications and plans to the appropriate development review board for action, and when applicable, compiling and transmitting the recommendations of such boards to the town commission for final review and approval;

(7)

Provide the town commission and other development review boards with a written or oral staff report relating to each application for development approval, and such other documentation as may be necessary, indicating conformance with this Code and other applicable requirements;

(8)

Enforce, as appropriate, the provisions of this chapter, including performance of necessary inspections, investigating promptly all complaints, reporting the findings and actions to the complainants, preventing violations when possible, and obtaining the correction of violations;

(9)

Cooperate, as appropriate, with the code enforcement board to achieve the correction of any violation;

(10)

Order the discontinuance of illegal use of land or structures;

(11)

Order the removal of illegal structures or of illegal additions, alterations, or structural changes;

(12)

Ensure discontinuance of work or construction occurring in an illegal manner;

(13)

Take, or cause to be taken, any other action authorized by this chapter or other laws of the town or the State of Florida to ensure compliance with, and prevent violations of, the provisions of this chapter;

(14)

Maintain records in the building department of all official actions, and of all complaints and actions taken with regard thereto, and of all violations discovered with remedial action taken and disposition of cases, and

(15)

Perform such other duties as may be assigned by this Code or this chapter.

(Ord. No. 684, Art. II, § 4, 7-25-00)