A.

The City Commission has established the commissions, boards, and agencies identified in this chapter for the purpose of implementing the provisions of the ULDC.

B.

All procedures pertaining to matters before the commissions, boards, and agencies are set forth in Chapters 9 and 10 of this ULDC.

A.

Regular appointments to all commissions, boards, and agencies shall be made by the City Commission.

B.

Any vacancy on a commission, board, or agency created by unexcused absences shall be filled by a replacement appointed by the City Commission.

A.

The absence of any member of a commission, board, or agency from three (3) consecutive regular meetings of the body shall constitute the removal of that person from the body, unless excused by the commission or agency.

B.

An excused absence is one excused by the commission or agency by motion and vote duly entered upon the minutes.

Each commission, board, or agency shall select such officers as required to conduct its meetings, except where the ULDC specifically requires selection of officers.

A.

The Planning Commission shall select a chairman in April of each year from those members appointed by the City Commission.

B.

The Community Redevelopment Agency officers shall be as designated in Section 8.04.00.

The organization and procedure of each commission, board or agency, its meetings, method of handling appeals, and other related matters shall be in conformity with the provisions of applicable state law.

A.

Any decision made by a commission, board, or agency shall be recorded and entered into the minutes of the respective body.

B.

All meetings of a commission, board, or agency shall be open to the public, and all records of the meetings shall be public records

C.

Decisions on variances and administrative appeals shall be made as shown in Table 8.01.05(C).

Table 8.01.05 (C). Decision-Making Bodies for Variances and Appeals.

A.

The City Commission hereby establishes the City Planning Commission (referred to as the "Planning Commission") to be governed by the provisions of Chapter 163, F.S., as well as the provisions set forth in this ULDC.

B.

The Planning Commission shall be the "local planning agency" with all the duties and responsibilities as provided in Section 163.3174, F.S.

A.

Regular membership

1.

The Planning Commission shall consist of seven (7) members.

2.

Each regular member shall be a resident of the City.

B.

In addition to the above members, one (1) nonvoting member shall be appointed from the Bay County School Board. This member shall be the person appointed by the School Board to attend those meetings at which the Planning Commission considers an amendment to the Comprehensive Plan that, if approved, will increase the residential density on property that is the subject of an application.

C.

Terms of office

1.

Each member shall be appointed to a four (4) year term. A member shall not serve more than two (2) consecutive terms.

2.

Any vacancy in membership shall be filled for the unexpired term of the vacancy by the City Commission pursuant to the same procedure followed in the appointment of the previous member.

3.

The City Commission shall have the authority to remove any member of the Planning Commission at will.

4.

All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties.

D.

Organization

1.

The Planning Commission shall elect its chairman from among the regular members.

2.

The term of the chairman shall be one (1) year, and he shall be ineligible to succeed himself.

3.

The Planning Commission shall determine the schedule and time of meetings; this meeting schedule shall be provided to the City Commission.

E.

Quorum and voting

1.

Four (4) members shall constitute a quorum.

2.

The Planning Commission, to take any action authorized by this section, shall have the concurring vote of four (4) members.

The Planning Commission shall have all the powers, duties, and responsibilities as follows:

A.

Those powers, duties and responsibilities as set forth in Chapter 163, F.S. to:

1.

Prepare, or cause to be prepared, the Comprehensive Plan or Comprehensive Plan amendments;

2.

Make recommendations to the City Commission on the Comprehensive Plan or Comprehensive Plan amendments;

3.

Hold at least one (1) public hearing on the proposed Comprehensive Plan or Comprehensive Plan amendment.

4.

Recommend any changes to the Comprehensive Plan as may be required, including preparation and recommendation of periodic changes to the Comprehensive Plan in accordance with Section 163.3191, F.S.

B.

Review proposed changes to the ULDC, codes, or any amendments and make a recommendation to the City Commission as to the consistency of the regulations with the Comprehensive Plan.

C.

Review and recommend approval or denial of local development permits orders to the City Commission excluding plats reviewed according to Section 10.03.01(B), alternative preliminary plat review for plats of three (3) to fifty (50) lots;

D.

Hear appeals of denial of certificates of concurrency and make a recommendation to City Commission.

E.

Other duties as described by City ordinance or policy.

(Ord. No. 882, § 1, 8-14-07)

The Board of Adjustment (Board) is hereby established.

A.

Membership The Board shall consist of five (5) members.

B.

Terms of office Each member shall be appointed for a term of three (3) years and shall not serve more than two (2) consecutive terms.

C.

Organization and procedures The organization and procedures of the Board, its meetings, method of handling appeals and other related matters shall be in conformity with the provisions of applicable state law.

E.

Quorums and voting

1.

A quorum shall consist of three (3) Board members.

2.

The Board, to take any action authorized by this section, shall have the concurring vote of three (3) members.

The Board of Adjustment shall have the following roles and responsibilities:

A.

To hear and decide appeals when it is alleged that there is an error in any order, requirement, or decision made by the City Manager in the enforcement of the following provisions of the ULDC:

1.

Impervious surface ratios;

2.

Landscape requirements for planting areas and plant materials;

3.

Dimensional requirements; and

4.

Subdivision requirements.

B.

Hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official in the enforcement or administration of Section 9.02.04.

C.

Hear and decide appeals and requests for variances from the requirements of Section 9.02.04, areas of flood hazard.

D.

To authorize, upon appeal in specific cases, such variances from the terms of this ULDC as will not be contrary to public interest where, owing to the special conditions, a literal enforcement of the provisions would result in unnecessary hardships, so that the spirit of this ULDC shall be observed and substantial justice done.

E.

Other duties as described by City Ordinance or policy.

Pursuant to Chapter 163, Part III, F.S., and adopted by Resolution 2004-05-35, there is hereby created an agency to be known as the Lynn Haven Community Redevelopment Agency (Agency).

A.

The Agency shall consist of the Lynn Haven City Commission.

B.

The term of membership shall be commensurate with the terms of office served by each City Commissioner and the Mayor.

C.

A vacancy occurring during a term shall be filled in the same manner as provided for filling a vacancy in the term of the Mayor or other members of the City Commission.

The following members shall serve as officers of the Agency:

A.

The Mayor shall serve as chair; and

B.

The Vice-Mayor shall serve as vice-chair.

A.

The Community Redevelopment Agency shall have the powers as provided under Part III of Chapter 163, F.S., with exception of the power reserved to the City Commission as set forth in Section 163.358, F.S.

B.

The Community Redevelopment Agency shall have the following additional roles and responsibilities with respect to this ULDC:

1.

To hear, consider, and make recommendations to the City Commission regarding amendment of the text of the Comprehensive Plan pertaining to growth and development within the CRA Overlay District; and

2.

To hear, consider, and make recommendations to the City Commission regarding amendment of the Future Land Use Map of the Comprehensive Plan for properties within the CRA Overlay District.