The Planning and Zoning Board of Indian Harbour Beach shall consist of five (5) voting members who shall be appointed by the city council and one (1) nonvoting member who shall be appointed by the School Board of Brevard County. Each voting member shall serve a three-year term, except that of the five (5) members initially appointed, two (2) members shall serve terms of two (2) years. Each member of the board shall possess the qualifications set forth in article XVI, section 1 of the Charter, during his or her term on the board. The sixth nonvoting member shall serve a term of one (1) year. The School Board of Brevard County shall either reappoint the existing member or appoint a new member upon the expiration of the term of the current nonvoting member appointed by the school board. The sixth nonvoting member of the planning and zoning board shall only attend meetings at which the planning and zoning board considers comprehensive plan amendments and/or rezonings that would, if approved, increase residential density on the property that is the subject of the application. Members of the planning and zoning board shall be subject to removal and a vacancy on the board of a voting member shall be filled as provided in the said section of the Charter. A vacancy on the planning and zoning board of the nonvoting member appointed by the School Board of Brevard County shall be filled at the discretion of the school board:

(1)

Organization and members. At the first meeting of the board in October of each year, the voting board members shall elect a chairman and a secretary and such other officers as it may determine from its voting members, and said officers shall serve for a one-year term or until their successors have been elected and qualified; provided however, nothing herein shall prevent the board from electing officers to succeed themselves.

(2)

Meetings—Records. The planning and zoning board shall meet in regular session each month, and special meetings may be called at such times as the board may determine or at the call of the chairman. All regular and special meetings of the board shall be open to the public. The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. Three (3) voting members of the board shall constitute a quorum, and the affirmative vote of three (3) voting members of the board shall be necessary for any action of the board to be valid and effective. A written record of the proceedings of the board shall be kept, showing the action of the board on each question considered. Such record shall be filed in the office of the city clerk and shall be open for public inspection.

(3)

Authority and duties of the planning and zoning board. The voting members of the planning and zoning board shall have the following authorities and duties:

A.

To act in an advisory capacity to the city council on questions relating to planning and zoning, to conduct investigations on matters concerning planning proposals or zoning changes, and to report its findings and recommendations on such proposals to the city council.

B.

To recommend to the city council such amendments to this ordinance as the board may deem proper, expedient or necessary to clarify or to carry into effect the purposes hereof.

C.

To hear applicants and submit recommendations to the city council or the zoning board of appeals with respect to the following:

(1)

Proposed change of the permitted use of any specifically designated property.

(2)

Applications for conditional land use.

(3)

Proposed amendments to the zoning ordinance.

(4)

Proposed subdivision plats.

(5)

Proposed site plans and other planning matters.

(6)

Applications for special exceptions.

(4)

Alternate member of planning and zoning board. In its discretion, the city council may appoint an alternate member to the planning and zoning board. The alternate member shall regularly attend meetings of the planning and zoning board and shall have the right to participate in all public hearings and deliberations of the board. The alternate member shall not normally cast a vote as a member of the board; provided, however, that:

(i)

The alternate member shall be entitled to vote on any matter in which the vote of the voting members of the planning and zoning board results in a tie; and

(ii)

The alternate member shall be counted as part of the membership of the board in those meetings at which the board would otherwise lack a quorum to transact business; and in such situations, the alternate member shall be entitled to cast a vote in the same manner as any other voting member of the board.

(iii)

The nonvoting member appointed by the school board shall not be considered as the alternate member.

In connection with any recommendation by the planning and zoning board for approval of an application for a conditional land use, the board shall include any conditions, requirements or limitations to be attached to the conditional land use which the board may believe to be necessary and desirable to protect adjacent properties and the surrounding neighborhood, and to carry out the purposes and objectives of this ordinance.

(Ord. No. 97-7, § 1, 7-22-97; Ord. No. 2004-1, § 1, 2-24-04)