City council, planning commission, board of adjustment, and other officials are responsible for the short- and long-term growth and development of the City of Jacksonville Beach. The following divisions outline their specific responsibilities.

In addition to any authority granted the city council by general or special law, the city council shall have the following powers and duties under the provisions of the LDC:

(a)

To initiate, hear, consider and approve, approve with conditions, or deny applications to amend the text of the comprehensive plan;

(b)

To initiate, hear, consider and approve, approve with conditions, or deny applications to amend the future land use map of the comprehensive plan;

(c)

To initiate, hear, consider and approve, approve with conditions, or deny applications for development permits to amend the text of the Code;

(d)

To initiate, hear, consider and approve, approve with conditions, or deny applications for development permits to amend the official zoning map of the Code;

(e)

To hear, consider and approve, approve with conditions, or deny applications for development permits for a planned unit development (PUD);

(f)

To serve as the land development regulation commission as required by F.S. § 163.3194;

(g)

To designate and appoint hearing officers to make decisions as the city council may deem appropriate;

(h)

To take such other action not delegated to the planning commission, board of adjustment, code enforcement board, hearing officer or heads of city departments, as the city council may deem desirable and necessary to implement the provisions of the comprehensive plan and the LDC.

There is hereby established a planning commission.

The planning commission shall have the following powers and duties under the provisions of the LDC:

(a)

To serve as the local planning agency (LPA), as required by F.S. § 163.3174;

(b)

To initiate the preparation of or cause to be prepared the comprehensive plan, or any element or portion thereof;

(c)

To initiate the preparation or cause to be prepared the LDC;

(d)

To initiate, review, hear, consider and make recommendations to the city council to approve, approve with conditions, or deny applications for development permits to amend the text of the comprehensive plan;

(e)

To initiate, review, hear, consider, and make recommendations to the city council to approve, approve with conditions, or deny applications to amend the future land use map of the comprehensive plan;

(f)

To initiate, review, hear, consider, and make recommendations to the city council to approve, approve with conditions, or deny applications to amend the text of the LDC;

(g)

To initiate, review, hear, consider, and make recommendations to the city council on applications for development permits to approve, approve with conditions, or deny amendments to the official zoning map of the LDC;

(h)

To hear, consider, and make recommendations to the city council to approve, approve with conditions, or deny applications for development permits for a planned unit development or redevelopment district;

(i)

To hear, consider, and approve, approve with conditions, or deny applications for development permits for conditional uses;

(j)

To make its special knowledge and expertise available upon written request and authorization of the city council to any official, department, board, commission or agency of the city, state or federal governments;

(k)

To adopt or amended bylaws to establish meeting procedures not inconsistent with this section to govern the planning commission's proceedings; and

(l)

To initiate studies of the resources, possibilities and needs of the city and to report its findings and recommendations, with reference thereto, from time to time, to the city council.

(a)

Qualifications. Members of the planning commission shall be a resident of the city for two (2) years prior to appointment, and a qualified elector. No member of the city council or a City employee shall serve on the planning commission. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or education in planning, law, architecture, natural resource management, real estate, and related fields.

(b)

Appointment. The planning commission shall be composed of five (5) members, to be appointed by the city council. The city council shall also appoint two (2) alternate members, a first alternate and a second alternate. The alternate members shall vote only in the absence of regular members. The first alternate member shall have priority to vote in the absence of the first regular member's absence. When any of the two (2) alternate members are in attendance they may participate throughout the meeting, however they are only allowed to vote during an absence of a regular member.

(a)

Member. All members serving on the planning commission on the effective date of the LDC shall complete their terms according to their prior appointments. The term of office of each member appointed under the LDC shall be for four (4) years. When a person is appointed to fill out the term of a departing member, that person's term shall end at the time the departing member's term would have ended.

(b)

Alternate member. The term of an alternate member of the planning commission shall be for four (4) years. When a person is appointed to fill out the term of a departing alternate member, that person's term shall end at the time the departing member's term would have ended.

(a)

In the event that any member is no longer a qualified elector or is convicted of a felony, or an offense involving moral turpitude while in office, the city council shall terminate the appointment of such person as a member of the planning commission, and appoint a new member.

(b)

If any member fails to attend three (3) regular planning commission meetings in a row, without the prior notification to the chair, either in the meeting or through notification of staff in advance approval of the chair or acting chair of the commission, specifically for absences that do not constitute an emergency or unforeseen circumstances, the city clerk's office or planning and development department, shall notify the city council of the absences, and council may appoint a new member, or promote an alternate member, to assume the absent member's seat, which would be declared vacant by the actions of council.

(c)

Any member who plans to be absent shall notify the commission staff, via email or in writing, or make known at the meeting prior to the absence and commission staff will relay that notification to the chair or acting chair and the clerk's office. Notification should occur in advance of the meeting date when possible. Additionally, any commission member may also announce their expected absence at the meeting prior to the absence.

(a)

Whenever a vacancy occurs on the planning commission, the full time member's position shall be served by an alternate member until a permanent member can be appointed by the city council. The city council shall appoint the new member within thirty (30) days of the vacancy or may appoint an alternate to the position of full member.

(a)

Officers. At an annual organizational meeting, which is set by the planning commission bylaws, the members of the planning commission shall elect a chair, vice-chair and other officers as deemed necessary for proper function of the commission from among its members. The officer's term shall be for one (1) year. No member shall serve as chair for more than two (2) consecutive terms. The chair or other officer acting in the chair's capacity shall be in charge of all proceedings before the planning commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the planning commission. Specific rolls and procedures for officers are outlined within the planning commission bylaws.

(b)

Staff. The planning and development department shall be the professional staff of the planning commission.

(c)

Disqualification. If a member of the board of adjustment determines that they have private or personal interests in an issue that comes before the board of adjustment, they may disqualify themselves from participation in that issue. A member of the board of adjustment may be disqualified from participation on an issue by a majority vote of the board of adjustment, on the same grounds.

(d)

Quorum and voting. The presence of three (3) or more members of the planning commission shall constitute a quorum of the planning commission necessary to take action and transact business. All actions shall require a simple majority of the quorum present.

(e)

Rules of procedure. The planning commission shall, by a majority vote of the entire membership, adopt bylaws and shall keep a record of meetings, resolutions, findings and determinations. The planning and development department may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary.

(a)

General. Meetings of the planning commission shall be held twice a month to dispense of matters properly before the planning commission. If there is no new business on the agenda, the meeting will be cancelled, and a notice posted at City Hall along with social media outlets. Additionally, meetings may be called by the chair or at the request of three (3) members of the planning commission in writing. The location of all planning commission meetings shall be in the City of Jacksonville Beach in a place accessible to the public.

(b)

Continuance. If a matter is postponed due to lack of a quorum, the chair shall continue the matter to the next scheduled meeting. In case of delays caused by other reasons, the public hearing shall be rescheduled to the next planning commission meeting. The planning and development staff to the commission shall notify all members of the date of the continued public hearing and also shall notify all parties.

(c)

Meetings open to public. All meetings and public hearings of the planning commission shall be open to the public in a place accessible to the public.

(d)

Notice. Public hearings shall be set for a time certain after due public notice.

(a)

The members of the planning commission shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the city council.

There is hereby established a board of adjustment.

The board of adjustment shall have the following powers and duties under the provisions of the LDC:

(a)

To hear, review, consider and approve, approve with conditions, or deny variances to the terms of site development standards of article VII of the LDC. Variances shall only be granted from the dimensional standards of article VI and the off-street parking or landscape standards of article VII, except that a height variance or density variance shall not be permitted in any zoning district. Variances shall not be granted to permit a use not generally allowed in the zoning district in which it is located;

(b)

To make its special knowledge and expertise available upon written request and authorization of the city council to any official, department, board, or commission of the city; and

(c)

To adopt or amended bylaws to establish meeting procedures not inconsistent with this section to govern the board of adjustment's proceedings.

(a)

Qualifications. Members of the board of adjustment shall be a registered voter of the City of Jacksonville Beach for two (2) years prior to appointment, and qualified electors. No member of the city council or a city employee shall serve on the board of adjustment. Although no specific experience requirements shall be necessary as a pre-requisite to appointment, consideration shall be given to applicants who have experience in planning, the law, architecture, natural resource management, real estate and related fields.

(b)

Appointment. The board of adjustment shall be composed of five (5) members appointed by the city council. The city council shall also appoint two (2) alternate members, a first alternate and a second alternate. The alternates shall serve a four (4) year term. The alternate members shall vote only in the absence of regular members. The first alternate shall have priority to replace the first regular member who is absent.

(a)

Member. All members serving on the board of adjustment on the effective date of the LDC shall complete their terms according to their prior appointments. The term of office of each member appointed under the LDC shall be for four (4) years. When a person is appointed to fill out the term of a departing member, that person's term shall end at the time the departing member's term would have ended.

(b)

Alternate member. The term of an alternate member of the planning commission shall be for four (4) years. When a person is appointed to fill out the term of a departing alternate member, that person's term shall end at the time the departing member's term would have ended.

(a)

In the event that any member is no longer a qualified elector or is convicted of a felony, or an offense involving moral turpitude while in office, the city council shall terminate the appointment of such person as a member of the board of adjustment and appoint a new member.

(b)

If any member fails to attend three (3) regular board of adjustment meetings in a row, without the prior notification to the chair, either in the meeting or through notification of staff in advance approval of the chair or acting chair of the board, specifically for absences that do not constitute an emergency or unforeseen circumstances, the city clerk's office or planning and development department, shall notify the city council of the absences, and council may appoint a new member, or promote an alternate member, to assume the absent member's seat, which would be declared vacant by the actions of council.

(c)

Any member who plans to be absent shall notify the board staff, via email or in writing, or make known at the meeting prior to the absence and board staff will relay that notification to the chair or acting chair and the clerk's office. Notification should occur in advance of the meeting date when possible. Additionally, any board member may also announce their expected absence at the meeting prior to the absence.

(a)

Whenever a vacancy occurs on the board of adjustment, the full time member's position shall be served by an alternate member until a permanent member can be appointed by the city council. The city council shall appoint the new member within thirty (30) days of the vacancy or may appoint an alternate to the position of full member.

(a)

Officers. At an annual organizational meeting, which is set by the board of adjustment bylaws, the members of the board of adjustment shall elect a chair, vice-chair and other officers as deemed necessary for proper function of the board from among its members. The officer's term shall be for one (1) year. No member shall serve as chair for more than two (2) consecutive terms. The chair or other officer acting in the chair's capacity shall be in charge of all proceedings before the board of adjustment and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the board. Specific roles and procedures for officers are outlined within the board of adjustment bylaws.

(b)

Staff. The planning and development department shall be the professional staff for the board of adjustment.

(c)

Quorum and voting. The presence of three (3) or more members of the board of adjustment shall constitute a quorum of the board of adjustment necessary to take action and transact business. All actions shall require a simple majority of the quorum present.

(d)

Disqualification. If a member of the board of adjustment determines that they have private or personal interests in an issue that comes before the board of adjustment, they may disqualify themselves from participation in that issue. A member of the board of adjustment may be disqualified from participation on an issue by a majority vote of the board of adjustment, on the same grounds.

(e)

Rules of procedure. The board of adjustment shall, by a majority vote of the entire membership, adopt bylaws for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The planning and development department may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be necessary.

(a)

General. Meetings of the board of adjustment shall be held twice a month to dispose of matters before the board. If there is no new business on the agenda, the meeting will be cancelled, and a notice posted at City Hall along with social media outlets. Scheduled meetings may be moved due to a conflict and additional meetings may be added by the chair or in writing by three (3) members of the board of adjustment. All meetings shall be held in the City of Jacksonville Beach in a place accessible to the public.

(b)

Continuance. If a matter is postponed due to lack of a quorum, the chair shall continue the matter to the next scheduled meeting. In case of delays caused by other reasons, the public hearing shall be rescheduled to the next board of adjustment meeting. The planning and development staff to the board shall notify all members of the date of the continued public hearing and also shall notify all parties.

(c)

Open to public. All meetings and public hearings of the board of adjustment shall be open to the public.

(d)

Notice. Public hearings shall be set for a time certain after due public notice.

(a)

Members of the board of adjustment may receive such travel and other expenses while on official business for the board of adjustment as are made available by the city council for these purposes.

(a)

Creation and appointment. The planning and development director or designee shall be the agency head of the planning and development department and shall be appointed by and serve at the pleasure of the city manager.

(b)

Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the planning and development director or designee by other provisions of the City Code, the city council, the city manager, and the planning and development director or designee shall have the following jurisdiction, authorities and duties under the LDC:

(1)

To review, consider and render interpretations of the text of the LDC or the official zoning map;

(2)

To hear, consider and approve, approve with conditions, or deny applications for development permits for development plans;

(3)

To undertake the day to day administration of the LDC;

(4)

To receive applications for development permits for processing pursuant to the terms of the LDC;

(5)

To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of the LDC;

(6)

To initiate requests to the city attorney to institute proceedings against the violators of the LDC;

(7)

To undertake the current and long range comprehensive planning responsibilities of the city under F.S. § 163.3161 et seq. as amended, including all planning for land use, public facilities, and environmental resources;

(8)

To review as needed and every five (5) years the comprehensive plan and the LDC and recommend amendments to the planning commission and city council;

(9)

To review, in a reasonable amount of time, the LDC following any Florida Building Code updates;

(10)

To review annually the capital improvement program and capital improvement schedule and recommend amendments or updates to the planning commission and the city council; and

(11)

To coordinate other local, regional and state planning and permitting processes affecting development in the city and to serve as liaison to such local, regional, and state planning agencies having jurisdiction over development in the city.