The following boards, agencies and officials are created to administer the provisions of this Code under the authority prescribed by this Code and Florida law.

(Ord. of 12-12-90, § 10.00.00)

There is hereby created a building official under the direction and control of the Town Council. The building official shall perform all administrative functions of the Town Government relating to the administration of this Code. It shall be the duty of the building official to:

(1)

Inspect buildings and property to assure compliance with this Code.

(2)

Approve plans and specifications within the limits of authority specified herein.

(3)

The town will issue building permits, certificates of occupancy and use permits, after approval by the building official (as noted in paragraph (2) above), in accordance with the provisions of the Code.

(4)

Maintain a record of all permit applications, permits issued and actions pertinent thereto.

(Ord. of 12-12-90, § 10.01.00)

(a)

Planning and Zoning Board.

(1)

Establishment, composition and terms of office. A Planning and Zoning Board for the town is established, consisting of five regular members and one alternate member. The alternate member shall sit in the place of a regular member in the event a regular member is absent. The regular members and the alternate member shall be recommended by the Mayor and appointed by a majority vote of the Town Council. Regular members will be compensated in an amount determined by the Town Council. The alternate member will receive such compensation only if sitting in place of a regular member.

All members, including the alternate member, shall be appointed for a term of two years. Anything to the contrary notwithstanding, a regular or alternate member may continue to serve until his or her resignation is accepted or his or her successor is appointed by the Town Council. The board shall conduct an annual organizational meeting at which time the board shall elect a chairperson and a vice-chairperson. All proceedings shall be recorded on an audio recording machine and shall be retained in the office of the Town Clerk in accordance with Florida law.

(2)

Vacancies, appointments and removal from office. Any vacancy occurring on the Planning and Zoning Board, whether by resignation, illness, removal or whatever reason, shall be filled within 30 days by appointment by the Town Council. Any board member absent from three meetings (consecutively) may be dismissed for lack of interest upon majority recommendation of the board to the Town Council. Any member absent from four meetings shall automatically be dismissed by the Town Council and the position filled by appointment unless the absence is excused by the Town Council. A member of the board may be removed from office by the Town Council, following written filing of charges and a hearing before the Town Council. Removal shall be determined by majority vote of the Town Council.

(3)

Conflict of interest. No member shall have an interest, financial or otherwise, direct or indirect, or engage in any professional or business activity which might impair the impartial discharge of his or her duties in the public interest. Members shall abide by the following articles:

a.

Accept no gift or favor which might reasonably tend to improperly influence the member's impartial discharge of his duties.

b.

Make known, by recorded disclosure, any personal interest in any matters pending before the board.

c.

Refrain from accepting other employment which might impair his or her independence of judgment in the performance of his or her public duties.

d.

Refrain from transacting any business in the official capacity as a member of the Planning and Zoning Board with any business entity of which such member is an officer, director, agent or member, or in which he or she owns a controlling interest.

e.

Refrain from participation in any matter in which such member shall have a personal investment which will create a substantial conflict between his or her private interest and the public interest.

f.

Willful violation of any of the above shall constitute malfeasance in office and be considered grounds for the member's removal from office.

(4)

Meetings. Meetings shall be held at the call of the chairperson after consultation with the Mayor and at other times as the board may determine or as requested by the Town Council. The board shall fix by rule the manner in which the chairperson shall issue any such call for a meeting, and the notice required for any such call shall comply with the public hearing notice requirements of section 28-202(a) of this Code. The vote of each member on each question, or if absent or failing to vote due to conflict of interest, shall be kept of all meetings. The board shall keep records of its meetings and other official action, all of which shall be filed in the office of the Town Clerk and shall be a public record.

(5)

Authority, functions and duties. The board shall have the authority to carry out the following functions and duties:

a.

To make recommendations on land use matters as instructed by the Town Council.

b.

To review and formulate a recommendation on all development plans, plats for the subdivision of land within the town, amendments to the land development regulations or the comprehensive plan, applications for conditional use, applications for variance or appeal to an interpretation by the building official and recommend various regulations for adoption by the Town Council.

c.

To make recommendations to the Town Council on all changes in streets, alleys, and waterways.

d.

To conduct such public hearings as may be necessary for the proper performance of its duties and as may be assigned to the board by the Town Council.

(b)

Board of Adjustment.

(1)

Establishment and composition. A Board of Adjustment for the town is established, consisting of the Town Council. The chairman (Mayor) of the Town Council shall act as chairman of the Board of Adjustment and the vice-chairman (Vice-Mayor) of the Town Council shall act as the vice-chairman of the Board of Adjustment.

(2)

Powers and duties. The Board of Adjustment shall exercise the following powers and responsibilities:

a.

To hear appeals to administrative interpretations to rulings and decisions.

b.

To grant or deny variance requests in accordance with section 28-208 of this Code.

c.

All meetings of the Board of Adjustment shall be open to the public. Meetings shall be held at the call of the Mayor and at such other times as a majority of the board may determine. The notice for such meetings shall comply with the public hearing notice requirements of section 28-202 of this Code. The minutes of each proceeding shall show the vote of each member upon every question decided by the board; or if any member is absent or fails to vote, shall so indicate. A statement of the findings by the board shall be included in the minutes as to each case heard or considered by it. The reason for recommending or denying a petition shall also appear in the minutes. In every instance, a brief statement of the facts upon which such decisions are based shall appear in the minutes. The board shall adopt its own rules of procedure, a copy of which and all amendments thereto shall be filed in the office of the Town Clerk. The minutes of the board shall be open to public examination at reasonable hours.

All petitions presented to the Board of Adjustment shall be in writing and shall have application to only one parcel of land when a variance is requested, or to a singular administrative order when an administrative review is requested.

(Ord. of 12-12-90, § 10.02.00; Ord. No. 116, § 2, 11-9-98; Ord. No. 176, § 2, 9-16-09)