The administrative provisions as outlined in this Chapter are intended to set forth rules and procedures pertaining to planning and zoning and assign such authority for the following:

1. City Council;
2. Planning Commission (PC);
3. Technical Review Committee (TRC);
4. Planning Department; and
5. Hearing Officer.

The City Council (the "Council") shall have the following powers and duties in addition to those specifically provided elsewhere in this ordinance or by state law. The Council's authority shall include but not be limited to approval, approval with conditions or modifications or denial. The Council shall have the authority to:

1. Appeals. The Council shall hear and decide appeals where it is alleged that an error has been committed in any order, requirement, decision or determination made by the PC pursuant to the LDRs, except where state or City Code specifically provides otherwise, according to the procedures outlined in Article 17 "Appeals" of Chapter 102.
2. Conditional Uses. The Council shall hear and grant or deny a request for a conditional use in certain districts as specified in Article 13 "Conditional Use Permit" in Chapter 102.
3. Beneficial Use and Vested Rights. The Council may deny or grant with or without conditions, relief pursuant to the recommendation by the Hearing Officer regarding beneficial use and vested rights of a property as provided in Article 18 "Beneficial Use Determination" and Article 19 "Vested Rights Determination" of Chapter 102.
4. Administrative Relief. The Council shall hear and grant or deny requests for administrative relief from the provisions of the permit allocation system pursuant to the requirements of Article 1 "Building Permit Allocation System" of Chapter 107.
5. Appointments. The Council shall appoint members of the Planning Commission, boards or committees.
6. Comprehensive Plan Amendments. The Council has the authority to adopt, adopt with changes, or reject proposed amendments to the Comprehensive Plan as provided in Article 6 "Comprehensive Plan Amendment" of Chapter 102 and any Evaluation and Appraisal Reports (EARs) prepared to update the Comprehensive Plan. The Council shall also have the authority to repeal ordinances adopted to amend the Comprehensive Plan including amendments to the FLUM map without prior review of the repealer ordinance by the Planning Commission.
7. LDR Amendments. The Council has the authority to approve, approve with changes or deny amendments to the text of the LDRs in accordance with the provisions of Article 7 "Land Development Regulation Text Amendments" of Chapter 102. The Council shall also have the authority to repeal ordinances adopted to amend the LDRs including amendments to the official zoning map without prior review of the repealer ordinance by the Planning Commission.
8. Zoning Map. The Council shall adopt and amend the official zoning map in accordance with the procedures outlined Article 11 "Rezoning" of Chapter 102.
9. Consideration of Other Actions. The Council has authority to approve, approve with conditions or deny the development applications and other proposed actions listed below:
   1. Such action deemed desirable and necessary to implement the provisions of this chapter and the comprehensive plan, including acting as the local planning agency for the City under Fla. Stat. § 163.3174;
   2. Development agreements as provided in Fla. Stat. ch. 163.3220;
   3. Developments of Regional Impact (DRI) as provided in Fla. Stat. ch. 380;
   4. Final subdivision review. Review final subdivision development plans and approve final plat for recording in accordance with the procedures of Article 12, "Subdivision Regulations" of Chapter 102; and
   5. Review requests for borrowing of allocations, banking plans and good cause extensions.
10. Transitional Provision. Effective midnight February 13, 2007, all of the Planning Commission's current functions relating to review of development permit requests, except as provided in Section 101.02, shall be transferred to the Council, except for the completion of the PC's then pending docket.

The Planning Commission (PC) shall have the powers and duties as provided in Fla. Stat. 163.3174, including, but not limited to:

1. Appeals. The PC shall hear and decide appeals where it is alleged than an error has been committed in any order requirement, decision or determination made by the Director or the Department made pursuant to the LDRs, except where State or City LDRs specifically provide otherwise as provided in Article 17 "Appeals" of Chapter 102.
2. Final Site Plan Review. The PC shall review and approve final site plans in accordance with the provisions of Article 9, Chapter 102 "Site Plan Review".
3. Final Plats. Unless the development and subsequent final plat is subject to the requirements of Article 12 "Subdivision Regulations" of Chapter 102, the PC shall review and approve final plats in accordance with the provisions of Article 10, "Platting" of Chapter 102.
4. Variances. The PC shall hear and may grant variances from the development standards of the LDRs in accordance with the provisions of Article 20 "Variance" of Chapter 102.
5. Conditional Uses. The PC shall review and make recommendations to the Council on conditional use requests as specified in Article 13 "Conditional Use Permit" of Chapter 102.
6. Plan Text and Map Amendments. The PC shall review and make recommendations to the Council on Large Scale text and map amendments to the City of Marathon Comprehensive Plan.
7. LDR Text and Zoning Map Amendments. The PC shall review and make recommendations to the Council on Zoning Maps and Land Development Regulation amendments (except an amendment that would represent the repeal of any Comprehensive Plan or Land Development Regulation), with recommendations to the Council as to the consistency of the regulation or change with the Comprehensive Plan.
8. Development Agreements. The PC shall review and make recommendations to the Council on development agreements.
9. Monitor Comprehensive Plan. The PC shall monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the Council such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic reports required by Fla. Stat. 163.3191.
10. Knowledge and Expertise. The PC shall make its special knowledge and expertise available upon reasonable written request and authorization of the Council to any official, department, board, commission, or agency of the City, county, state or federal government.
11. Rules of Procedure. The PC shall adopt such rules of procedure necessary for the administration of their responsibilities not inconsistent with this article to govern its proceedings.

Voting members of the PC shall reside and be qualified electors in the City. 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 Council shall terminate the appointment of such person as a member of the PC.

1. Number of Members. The PC shall be comprised of five (5) voting members.
2. Appointment. Each member of the City Council, at his or her discretion, shall appoint one (1) member of the Planning Commission to a term running concurrently with the appointing City Council Member's term. Where required by state statute, by majority vote, the Council may appoint a representative of the Monroe County School Board to serve in an advisory capacity as a nonvoting member of the Planning Commission.
3. Terms, Chair and Vice-Chair.
   1. At an annual organizational meeting, the members of the Planning Commission shall elect one of their members as chair and one as vice-chair. In the absence of the chair, the vice-chair shall act as the chair and shall have all the powers of the chair. The chair shall serve a term of one (1) year. No member shall serve as chair for more than two (2) consecutive terms unless the PC votes by super-majority four-fifths (4/5) votes to approve reappointment for additional consecutive terms.
   2. The chair (or vice-chair acting in the capacity of chair) shall serve as the presiding officer of any meeting of the Planning Commission. The presiding officer or designee 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. In the event that the chair or vice-chair is unavailable, the voting members of the Planning Commission who are present shall by majority vote select a voting member to act as presiding officer for the meeting in question.
4. Removal. A member of the Planning Commission may be removed from the Planning Commission by vote of a majority of those members of the City Council present at the time of the removal vote, or as otherwise allowed by law.
5. Vacancies. If any voting member of the Planning Commission shall fail to attend three (3) regular meetings of the Planning Commission within a three-month period, the voting member's appointment shall automatically be revoked. Thereafter, the Council shall fill the vacancy as soon as practicable in accordance with this section.
6. Recording Secretary. The City Manager shall appoint a recording secretary to serve the Planning Commission. The secretary shall keep minutes of all proceedings, which minutes shall be a summary of all proceedings before the Planning Commission attested to by the secretary, and which shall include the vote of each member upon every question. The minutes shall be approved by a majority of the members voting. In addition, the secretary shall maintain all records of meetings, hearings and proceedings and the correspondence of the Planning Commission.
7. Staff. The City Manager or designee shall appoint or assign such staff as may be necessary for the Planning Commission to conduct its business.

No meeting may be called to order, nor may any business be transacted, without a quorum consisting of at least three (3) voting members being present. The chair shall be considered and counted as a member. All actions shall require the concurring vote of a simple majority of the members then present and voting. In the event of a tie, the vote shall be deemed a denial.

1. Meetings and hearings shall be scheduled from time to time, as needed, as determined by the Director. In cases where an item is postponed due to the lack of a quorum of the PC, the item shall be continued to a special meeting if practicable, and in conformance with all applicable notice requirements. In cases where an item is postponed for any other reason, the item shall be continued to the next scheduled meeting.
2. All meetings and public hearings of the PC shall be conducted in conformance with the requirements set forth in Fla. Stat. § 286.011. Public hearings shall be set for a time certain.

Voting and nonvoting members of the PC shall not be compensated.

The purpose of the Technical Review Committee (TRC) is to facilitate communication and coordination between departments responsible for development review.

The TRC shall review all applications for site-specific development approval including, but not limited to; conditional use permits, plat approvals and amendments, variances, development agreements, development of regional impact applications, rezonings, and any application for development approval if requested by the Director or the City Manager. The TRC shall review and may approve, deny or provide recommendations, as provided herein, regarding the application subject to its review.

1. The TRC shall be composed of representatives of the planning department, City Attorney, fire department, sheriff's department, building department and public works department.
2. The City Manager may appoint other staff members to the TRC as necessary to carry out its duties and responsibilities.
3. The Director shall serve as the Chair of the TRC to preside over its meetings; document the proceedings; and may request the participation of professional experts or a representative from an adjacent municipality, county, regional or state agency if the Director determines that such entities can provide expertise concerning the proposed development.

1. Regular meetings of the TRC shall be held according to a schedule established from time to time by the chair.
2. The chair shall prepare written summaries that include the date, the members present and the recommendations of the committee.
3. The applicant and representatives may be invited by the chair to attend.
4. The TRC shall make its recommendations in writing.

The Planning Department shall provide technical support and advice for the preparation and implementation of the comprehensive plan and the land development regulations and shall perform such other functions as requested by the Council or the City Manager.

In addition, the Director shall have the following duties:

1. Chair the TRC and prepare a report of its review and recommendations to the PC or Council;
2. Provide administrative interpretations of the LDRs;
3. Provide nonconformity determinations, including expansions of nonconforming uses and structures;
4. Review and approve administrative variances to the LDRs;
5. Review and approve certificates of compliance;
6. Review and approve applications for temporary uses and special events;
7. Conduct concept meetings with applicants for development approval as necessary or appropriate;
8. Maintain the official zoning map and the public records of the planning department; and
9. Review and consider applications eligible for administrative approval.

The Council shall appoint one or more hearing officers to hear applications for beneficial use determinations and requests for vested rights determinations under this Chapter; and to conduct a hearing as requested by the City to make recommendations regarding action prior to Council revoking, modifying or suspending development approval in order to afford the procedural due process safeguards required by Florida law for quasi-judicial hearings. Upon a decision by the Council to conduct such hearings, the matter shall be promptly referred to a hearing officer.

The hearing officer shall serve at the Council's pleasure for such period, as is determined necessary. A hearing officer shall be compensated at a rate to be determined by the Council.

The minimum qualifications are as follows:

1. Be a member of the Florida Bar in good standing for the preceding five (5) years.
2. Demonstrate knowledge of administrative, environmental, and land use planning law and procedures.
3. Hold no elected public office or elected position in Monroe County or the City of Marathon during the period of appointment.

The duties of the Hearing Officer are as follows:

1. Conduct hearings on applications for beneficial use and vested rights determinations and recommend approval, approval with conditions, or disapproval to the Council. In making a recommendation, the hearing officer shall consider the recommendations of the Department.
2. As requested by Council, conduct hearings on a proposed action to revoke, modify or suspend a development approval.
3. Tender to the Council a written report containing a summary of the testimony and evidence given and findings and recommendations regarding the specific standards applicable to the particular matter.