(A)

There is created and established a Zoning and Planning Board which shall consist of five regular members appointed by the Mayor and Councilmembers for staggered three-year terms. Members shall be qualified electors of the City. Upon the expiration of a board member's term, the City Council member making the original appointment, or that City Council member's successor in office, shall appoint the board member to serve during the new board term. If, for any reason, an appointment should not be made to fill an expired term, the incumbent will continue to serve until his successor has been appointed.

(B)

In the event of the death or resignation of a member or his failure to attend any three meetings within a 12-month period, a successor shall be appointed to fill the unexpired term by the Councilmember making the original appointment. In the event the original Councilmember is no longer in office, his successor shall fill the unexpired term.

(C)

The Zoning and Planning Board shall prescribe and adopt rules and regulations for proceedings hereunder.

(1)

Meetings of the board shall be open to the public.

(2)

The Zoning and Planning Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its proceedings and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(D)

All consultant or support services to be furnished to the board must be requested from and approved by the City Council or their designee prior to the services being secured.

(E)

An additional member shall be appointed to the board and designated the "alternate member," who shall be appointed by the Mayor and Councilmembers in the same manner as regular board members are appointed, with the Mayor having the first appointment, and so on, as noted in division (A) above. The alternate member shall be required to attend all board meetings and shall be subject to the same appointment, terms, and vacancy provisions as are regular board members.

(1)

In the temporary absence or disability of a regular member, or in an instance where a regular member is otherwise disqualified to sit on a particular matter, the alternate member shall sit as a board member to obtain a full membership, or, as nearly as possible, a full membership. When so acting, the alternate member shall have full rights of participation and voting as regular members; his vote shall be deemed that of a member in reaching a decision on a matter.

(2)

In instances where the alternate member is not sitting as a member, he shall have the right to participate in board discussions and to ask questions, but shall have no right to vote or make motions. When the alternate member has been required to sit as a member on a particular matter the alternate shall continue to sit as a board member through the disposition of the matter; and he shall not be replaced until the hearing on the matter is concluded.

(F)

The Zoning and Planning Board meets on the first Monday of every month on a regular basis. Emergency meetings can be called by action of the Mayor, Chairman of the Board, any City Council person, or the City Manager.

(G)

To permit the City staff sufficient time for review, research, posting, citizen notification, and other preparation that may be required, all applications of the Board must be received by the first day of the month for the application to be scheduled for hearing before the Board at its next regular meeting to be held on the first Monday of the following month. All applications received after the first day of the month shall be scheduled for hearing before the Board at succeeding monthly regular meetings. However, any Board application may be scheduled at an earlier Board meeting than provided herein, if the director of building and zoning and the City Manager determine that the City staff has sufficient time to prepare the application for hearing, that an expedited hearing will not prejudice the rights or interests of any party involved in the application, and that permitting the application to be heard on an expedited basis will be in the best interests of the City.

(H)

The City Building and Zoning Department shall furnish all required secretarial assistance to the board.

(I)

Regardless of the number of board members actually present at any meeting, all decisions of the board must be passed by a majority of the entire board.

(Code 1962, § 25-30; amend. Ord. 184, passed 2-8-54; amend. Ord. 721-87, passed 6-29-87; amend. Ord. 764-90, passed 6-25-90; amend. Ord. 852-99, passed 6-14-99; amend. Ord. 910-04, passed 3-22-04)

The Zoning and Planning Board shall act only as a recommending or advisory body, and its recommendations shall be subject to the final action of the City Council. Secretarial assistance shall be furnished by the building and zoning department.

(Code 1962, § 25-30; amend. Ord. 184, passed 2-8-54; amend. Ord. 546, passed 8-27-73; amend. Ord. 599-77, passed 3-28-77)

The Zoning and Planning Board shall have the following jurisdiction and powers:

(A)

To prescribe rules and regulations and the form of applications to be used by applicants for variances under the provisions of this chapter.

(B)

To make surveys, from time to time, of the City, and to make recommendations to council concerning all changes to be made in the zoning ordinances of the City.

(C)

To call, hear, and consider all applications for changes in use requirements established in any district by this chapter, and to make findings and recommendations to City Council.

(D)

To receive and approve all new subdivision plats before submission to council.

(Code 1962, § 25-31; amend. Ord. 599-77, passed 3-28-77)

Each application filed with the Zoning and Planning Board shall be accompanied by the payment of an appropriate charge to defray the costs and expenses incident to passing upon the application, which shall be established from time to time by City Council Resolution and included within the "Schedule of Charges" maintained and utilized by the City Building Department.

(Code 1962, § 25-31.1; amend. Ord. 184, passed 2-8-54; amend. Ord. 438, 1-12-70; amend. Ord. 647, passed 8-27-73; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 964-08, passed 1-28-08)

(A)

Any person desiring the change or modification in the classification or regulation affecting any property shall file his petition in writing with the Zoning and Planning Board, setting forth the desired change or modification, and shall accompany the petition with either the written consent or the objection of not less than 20 percent of the property owners, exclusive of the petitioner, within a 500-foot radius in all directions from all property lines of the property involved in the classification or regulation of which it is proposed to change or modify; and the petitioner shall file with the Zoning and Planning Board, as a condition precedent to the processing of this application, the names and addresses of all property owners as reflected by the property records of Miami Springs, within a 500-foot radius in all directions from all the property lines. It shall be the responsibility of the applicant for zoning changes to file with the Zoning and Planning Board a map showing the land to be rezoned, together with all land within 500 feet of the land to be rezoned, showing the zoning of each parcel.

(B)

Upon receipt of the same, the Zoning and Planning Board shall then cause a notice of the time and place of the hearing on the property and the type of zoning requested, providing that the Petitioner has deposited with the City the appropriate amount necessary, as established from time to time by City Council Resolution and included within the "Schedule of Charges" maintained and utilized by the City Building Department, required to pay all the costs of publishing and mailing notices. Notices shall be mailed by the City to all owners of record within 500 feet in all directions of all property lines, and the City tax records shall be used to indicate ownership within 500 feet of the land to be rezoned.

(C)

Any zoning change within the boundaries of the City shall follow the procedures as set forth in § 1.04(3) of the City Charter.

(Code 1962, § 25-31.2; amend. Ord. 547, passed 8-27-73; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 722-87, passed 6-29-87; amend. Ord. 964-08, passed 1-28-08)