(a)   The Planning and Zoning Board is a five- member body plus two alternates established by the Town Commission. The term of office of the first members of the Board shall be one year for one member, two years for two members, three years for two members and three years for each alternate with appointments thereafter to be for a term of three years for each member. The alternates will have a voice but not a vote in all Planning and Zoning Board deliberations, unless one or more regular members are absent, in which case the alternates are authorized to vote in accordance with their designation as alternate number one and alternate number two, in that order.

   (b)   Members and alternates shall be appointed by the Town Commission and may be removed by the Commission for cause and after a public hearing held on written charges. Vacancies shall be filled by the Town Commission for the unexpired term of the members affected.

   (c)   The Planning and Zoning Board shall appoint the Chairperson of the Board on a yearly basis.

   (d)   Three members of the Planning and Zoning Board shall constitute a quorum.

(`75 Code, Appendix A, Art. IX) (Ord., passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-01, passed 1-20-87; Am. Ord. 2017-05, adopted 12-20-17)

   The Planning and Zoning Board shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of the Land Development Code. Meetings shall be held at the call of the Chairperson and at such other times as a majority of Board members may determine. The Chairperson, or in his absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating other official actions, all of which shall be a public record and be immediately filed in the office of the Town Clerk for the Board. The Town Clerk or said individuals designee shall act as Secretary to the Board.

(Ord. 2017-05, adopted 12-20-17)

   (a)   The Planning and Zoning Board shall have the powers and duties set forth herein.

   (b)   The Planning and Zoning Board shall study the resources, possibilities and needs of the Town, land development regulations, and the comprehensive plan, and prepare plans and maps for the systematic future development and betterment of the Town and from time to time make such recommended changes as are deemed advisable.

   (c)   Any building construction that differs from single-family inclusive of accessory buildings, is by definition to be identified as a commercial structure. A commercial structure is further differentiated from residential construction by stricter building codes (reference Standard Building Code) and a higher state rated contractors' licensing. (See § 489.105, Fla. Stat.)

   (d)   A member of the Planning and Zoning Board selected by the Planning and Zoning Board may attend all meetings of the Board of Adjustment for the purpose of providing input to the Board of Adjustment with regard to applicable provisions of the Land Development Code. However, if said Planning and Zoning Board member fails to attend a meeting of the Board of Adjustment any action taken by the Board of Adjustment in the absence of said Planning and Zoning Board member shall not be invalid or void by reason of said absence. Said member of the Planning and Zoning Board will have no vote and will not be considered to be a member of the Board of Adjustment, ex officio or otherwise.

   (e)   The Planning and Zoning Board at public hearings is expected to advise the Town Commission on all matters relating to proposed changes in this Land Development Code.

   (f)   The Planning and Zoning Board will at all times also operate as the Town’s land development regulation commission and the Town’s Local Planning Agency, all in accordance with and as provided for by the Community Planning Act (§§ 163.3161 et seq., Fla. Stat.) and § 2A-17 of this code.

   (g)   The Planning and Zoning Board shall review site plans for all multi-family residential and commercial construction as provided by § 7A-51 to determine compliance with the Land Development Code, compliance with all height and setback regulations and § 7A-59 of the Town of Melbourne Beach Code of Ordinances, and to prepare written recommendations for the Town Commission. If the Town Commission has directed from time to time that the Planning and Zoning Board undertake review of site plans for development within the 1-RS, 2-RS, and 3-RS zoning districts as provided by § 7A-51.1, the Planning and Zoning Board will review site plans for single-family residential and other development as provided by § 7A-51.1 to determine compliance with the Land Development Code and to prepare written recommendations for the Town Commission.

   (h)   No permit for building, remodeling, or building expansion shall be issued on any multi- family residential or commercial structure until a site plan required to be reviewed pursuant to § 7A-51 is reviewed and approved by the Zoning Official for compliance with all provisions of the Town of Melbourne Beach Code of Ordinances.

(`75 Code, Appendix A, Art. IX) (Ord., passed 9-26-72; Am. Ord. 85-7, passed 11-12-85; Am. Ord. 87-01, passed 1-20-87; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-06, passed 5-17-06; Am. Ord. 2010-01, adopted 3-17-10; Am. Ord. 2017-05, adopted 12-20-17)