Pursuant to the requirements of the Local Government Comprehensive Planning Act and Land Development Act (F.S. § 163.2511 et seq.), the county comprehensive plan, as amended and updated, is hereby adopted by reference.

(1991 LDR ch. 65, art. 1)

This chapter shall be enforced and administered by the building and zoning officials of the county. If, based upon complaints received, either written or telephoned, or findings by a code official, inspector, county commissioner, or other concerned person, the zoning official determines that there is reasonable cause to believe a zoning violation exists, the zoning official or other authorized county agent, official, employee, or personnel, may enter any property to determine and document if a violation does exist, as allowed by law. The zoning official, or other authorized county agent, official, employee, or personnel, may enforce violations of this chapter as allowed by this Code and as otherwise allowed by law.

(Ord. No. 2007-03, § 3, 7-17-2007)

Editor's note— Ord. No. 2007-3 § 3, adopted July 17, 2007, renumbered § 50-661 as 50-32 and amended such section in its entirety to read as herein set out. Former section 50-661, pertained to similar subject matter, and derived from 1991 LDR ch. 79, §§ 9.01, 9.02.

Cross reference— Officers and employees, § 2-61 et seq.

There is hereby created a planning commission having the powers and authority set forth in this division. It is the intent that the planning commission described herein serve as the local planning agency referenced in F.S. § 163.3174.

(Ord. No. 2007-03, § 4, 7-17-2007)

(a)

Membership. The planning commission shall consist of five regular voting members and up to four alternates which alternates shall be voting members when they serve at a planning commission meeting in the absence of a regular member, and a nonvoting member representing the school board to attend those meetings at which the planning commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is subject of the application. The board, in its discretion, shall determine the number of alternate positions to fill at any given time, which determination shall be expressed by the number of actual appointments by the board to fill vacant alternate positions or unexpired terms.

(b)

Appointment of members; term. Appointments of the regular voting members and the alternate members of the planning commission require an affirmative vote of three members of the board of county commissioners at a regularly scheduled meeting. Appointment of the school board representative on the planning commission shall be made by the school board, which appointment shall be confirmed by the affirmative vote of three members of the board of county commissioners at a regularly scheduled meeting. Each term for a planning commission member will last for a period of four years, with the initial appointments having been staggered. Members may be reappointed for subsequent terms.

(c)

Qualification of members. All members of the planning commission must be residents of the county and knowledgeable in the field of comprehensive planning, and familiar with the comprehensive plan, this chapter, and other applicable regulations.

(d)

Removal of members. Members of the planning commission shall serve at the pleasure of the board of county commissioners. A member of the planning commission may be removed from his/her position upon an affirmative vote of three members of the board of county commissioners at a regularly scheduled meeting.

(e)

Vacancies. Vacancies on the planning commission will be filled, consistent with the procedures for appointment, for the unexpired term of any member whose term becomes vacant; provided that a vacancy for any alternate member may or may not be filled at the discretion of the board.

(Ord. No. 2007-03, § 5, 7-17-2007; Ord. No. 2008-02, § 1, 3-4-2008)

Three members of the planning commission shall constitute a quorum for the transaction of business. No action shall be taken which is binding upon such planning commission unless concurred with by not less than a majority of all voting members attending the meeting at which such action is taken and a quorum is present. If one or more regular voting members are absent, one or more alternate members will fill the vacant seat for that meeting, with full voting privileges, with seating determined by seniority.

(Ord. No. 2007-03, § 6, 7-17-2007)

(a)

The planning commission shall elect a chairman and a vice-chairman and such other officers as the members deem necessary from among its members. The term of the chairman shall be one year, with eligibility for reelection. The board of county commissioners shall provide clerical support to keep the minutes of the planning commission and maintain its records. All meetings of the planning commission shall be open to the public and all records of the planning commission shall be a public record. Regular meetings of the planning commission shall be held once each month at a time and place to be set by the planning commission. Special meetings may be called by the chairman, provided that reasonable advance notice is given each member. The order of business at all regular meetings shall be as follows:

(1)

Roll call;

(2)

Approval of minutes of previous meetings;

(3)

Unfinished business;

(4)

New business; and

(5)

Adjournment.

(b)

Members of the planning commission will be paid actual expenses incurred in the performance of their duties, which may not exceed allowances as prescribed by state law. In the alternative or in addition to such actual expenses, at the discretion of the board of county commissioners, the board of county commissioners may provide nominal compensation to the planning commission members for the performance of their duties.

(c)

The board of county commissioners will appropriate funds to county departments to provide for expenses necessary for the conduct of the work of the planning commission. The board of county commissioners, through its departments, may expend all sums appropriate in order to accomplish the purposes and activities required by this chapter and the Local Government Comprehensive Planning and Land Development Regulation Act.

(Ord. No. 2007-03, § 7, 7-17-2007)

(a)

Powers, duties and responsibilities. The planning commission will have the following powers, duties, and responsibilities:

(1)

Act as the local planning agency as described in F.S. § 163.3174, more particularly described as follows:

a.

Have general responsibility for the conduct of the comprehensive planning program;

b.

Be responsible for the preparation of the local comprehensive plan and make recommendations to the board of county commissioners regarding the adoption of such plan or element or portion thereof;

c.

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the board of county commissioners such changes in the comprehensive plan as may be required, including preparation of the periodic reports required by F.S. § 163.3191.

d.

Review proposed land development regulations and land development codes or amendments thereto, and make recommendations to the board of county commissioners as to consistency of the proposal with the adopted comprehensive plan or element or portion thereof.

e.

Perform any other functions, duties, and responsibilities which may be assigned by the board of county commissioners pursuant to general or special law.

(2)

Review applications for special exceptions to the provisions governing the Williston Municipal Airport as provided in section 50-100, and provide recommendations to the board of county commissioners regarding the same.

(3)

Review applications for preliminary and final plats submitted in accordance with the subdivision regulations contained in this chapter, and provide recommendations to the board of county commissioners regarding the same.

(4)

Review proposed zoning map adoptions, and any proposed amendment to the zoning map, which proposed amendment may also be referred to in this chapter as a change in zoning district boundary, zoning change or rezoning, for any parcel or parcels of property, in accordance with division 2, article XIII of this chapter, and provide recommendations to the board of county commissioners regarding the same.

(5)

Review applications for special exceptions and provide recommendations to the board of county commissioners regarding the same.

(6)

Review applications for planned unit developments and provide recommendations to the board of county commissioners regarding the same.

(7)

Perform any other duties and responsibilities and exercise any other powers which may be assigned to it by the board of county commissioners.

(Ord. No. 2007-03, § 8, 7-17-2007; Ord. No. 2023-9, § 5, 12-5-2023)

(a)

A zoning board of adjustment is hereby established in the county.

(b)

It is further the intent of this division to create an administrative board that has the authority to hear and decide requests for variances and appeals to decisions of county staff in enforcing and administering this chapter.

(Ord. No. 2007-03, § 9, 7-17-2007)

(a)

The board of adjustment shall consist of five residents who shall be appointed by the board of county commissioners. In addition to the five regular members of the board of adjustment, the board of county commissioners shall be authorized to appoint two alternate members. The alternate members may be called upon to sit upon the board of adjustment in the temporary absence or disability of any regular member, or may act when a member is otherwise disqualified in a particular case and during such participation, and shall have all the rights and responsibilities of a regular member. No member or alternate member of the board of adjustment shall be a paid or elected official or employee of the county.

(b)

The membership of the board of adjustment shall, if possible, include an architect, a businessman or businesswoman, an engineer, a general contractor, a subcontractor and a realtor. Vacancies in any one of these professions shall be advertised as such, and only in the absence of a qualified volunteer from such profession shall a vacancy be filled by a nonprofessional.

(c)

After the initial appointments to the board of adjustment for staggered terms, appointment of a member of the board of adjustment shall be made for a term of three years. A member may be reappointed upon approval of the board of county commissioners. The board of county commissioners shall appoint not more than two alternate members, designating them as such. Such alternates may act in the temporary absence or disability of any regular member upon request by the chairman of the board of county commissioners, or the chair or other member of the board of adjustment.

(d)

Members of the board of adjustment shall serve at the pleasure of the board of county commissioners. A member of the board of adjustment shall be removable by a majority vote of the board of county commissioners.

(e)

Appointments to fill vacancies shall be for the unexpired term of the members whose terms become vacant. Such appointments to fill vacancies shall be made by majority vote of the board of county commissioners and shall be made within 30 days after the vacancy occurs, or as soon thereafter as the appointment can be made.

(Ord. No. 2007-03, § 9, 7-17-2007)

(a)

Rules and regulations. The board of adjustment may establish rules and regulations for its own operation not inconsistent with the provisions of law, or of this chapter.

(b)

Officers. The board of adjustment shall elect from within its membership a chairman who shall be the presiding member, a vice chairman who shall preside in the chairman's absence or disqualification, and any other officers as the board of adjustment deems necessary. Terms of all officers shall be for one year, with eligibility for reelection. The board of county commissioners shall provide clerical support to the keep the minutes of the board of adjustment and maintain its records.

(c)

Meeting and quorum. The board of adjustment shall meet at regular intervals at the call of the chairman, at the written request of three or more regular members, or within a reasonable time after receipt of a matter to be acted upon and preparation of any staff report related to such matter. Three members of the board of adjustment shall constitute a quorum.

(d)

Decisions. The concurring vote of a majority of the members of the board of adjustment in attendance at a meeting at which a quorum is present shall be necessary for the determination of any matter upon which it is required to pass under the terms of this chapter or to effect any variations of this chapter.

(e)

Legal counsel. The county attorney may either be counsel to the board of adjustment, or represent the county by presenting cases before the board of adjustment, but in no case shall the county attorney serve in both capacities.

(Ord. No. 2007-03, § 9, 7-17-2007)

The board of adjustment shall have the following duties and responsibilities:

(1)

To hear and decide requests for variances from the provisions of this chapter, excluding those requests for variances that are to be heard and decided by the board of county commissioners.

(2)

To act as sign code board of adjustment as provided in article X of this chapter.

(3)

To perform any other duties and responsibilities and exercise any other powers which may be assigned to it by the board of county commissioners.

(Ord. No. 2007-03, § 9, 7-17-2007; Ord. No. 2008-08, § 3, 4-8-2008; Ord. No. 2023-9, § 6, 12-5-2023)