This article describes those administrative bodies that shall administer and enforce this Code (community development board, code enforcement board, city staff, and the city council); describes membership requirements where appropriate; and outlines the functions, powers and duties of each with respect to this Code.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 4, 9-7-10)

In accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. Ch. 163, Pt. D, the community development board is hereby designated as the local planning agency. As such, the board is created to carry out the functions of a local planning agency pursuant to the requirements of F.S. Ch. 163, and to review: (i) special exceptions and land use policies; (ii) preliminary development plans; (iii) variance requests; and (iv) administrative appeals.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 5, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Zoning is the single most powerful legal enforcement of an overall urban concept, but alone it does not create beauty, aesthetic order or amenity. The purpose of this board is, therefore, to apply this Code and the comprehensive plan to preserve various elements of urban beauty and to require that new projects enhance existing values. Preservation of special local characteristics of site, aesthetic tradition, natural beauty, and redevelopment potential should be a high priority. The natural beauty of the beaches, the ocean, and the Intracoastal Waterway, for example, should only be enhanced. This board should act to promote the best interest of the community, in the effort to achieve these goals.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

Appointment. The board shall have seven (7) members appointed by the mayor subject to confirmation by resolution of the city council.

(b)

Eligibility requirements. The following conditions for eligibility for appointment to the board shall apply:

(1)

Place of residence. Each member shall reside in the City of Neptune Beach.

(2)

City employees and members of the city council. No member of the city council or employee of the city shall be eligible for membership on the board.

(c)

Composition. Any interested and eligible citizen as provided for above, may be appointed to the board, but those with experience or interest in the field of planning and zoning or historic preservation shall receive special consideration. Whenever possible, the board shall include at least one (1) each of the following:

(1)

An architect or landscape architect;

(2)

A person engaged in real estate sales or development;

(3)

A natural or environmental scientist;

(4)

An engineer; and

(5)

An urban/regional planner.

(d)

Terms of office. Each member shall be appointed to not more than a three-year term. No person may serve more than two (2) consecutive three-year terms. The first year of the initial term of service is a probationary period, after which the appointment will be reviewed by the city council with advisement by city staff and the city attorney. Persons disqualified by this provision may be reappointed after one (1) year elapses after the expiration of the second term of service.

(e)

Commitment to office. After appointment and before taking their position, each member shall affirm the following oath of office and sign and complete the letter of commitment:

(1)

Oath of office:

"I do solemnly swear that I will support, honor, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to serve on this board under the Charter of the City of Neptune Beach; and that I will well and faithfully perform the duties of the Community Development Board on which I am now about to enter so help me God."

(2)

The letter of commitment is an attachment to the application for membership on the community development board and may be amended by the city from time to time. A signed copy shall be retained by the city clerk for the official records.

(3)

All board members appointed prior to the adoption of these provisions shall fulfill the requirements of these provisions.

(f)

Conditions for removal from board. A member of the board shall be removed from the board and the member's office declared vacant by the city council under any of the following conditions:

(1)

If the member fails to attend three (3) successive regular meetings.

(2)

If the member moves outside of the city.

(3)

If by majority vote, the city council declares without notice and without assignment of cause the removal of a member.

(g)

Vacancies. When a position becomes vacant before the end of the term, the mayor, subject to confirmation by majority vote of the city council, shall appoint a substitute member to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is appointed and qualified.

(h)

Appointment of chair and vice-chair. The members of the board shall annually elect, by majority vote, a chair, and vice-chair from among the members. The chair, or in the absence of the chair, the vice-chair, may administer oaths. The mayor may create and fill other offices as deemed necessary.

(i)

Subcommittees. The board may create whatever subcommittees it deems necessary to carry out the purposes of the board. The board may have a standing subcommittee that will serve as the historic preservation board for the city, as deemed necessary.

(j)

Appointment of subcommittees. The chair of the board shall appoint the membership of each subcommittee from the members of the board.

(k)

Record keeping. The city clerk shall serve as custodian of all board minutes.

(l)

Compensation. Members shall not be compensated but may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the city council.

(m)

Alternate members. Three (3) alternate members may be appointed by the mayor, subject to confirmation by resolution of the city council, to serve on the board in the absence of board members. Each alternate member shall be appointed for not more than one-year terms and may be reappointed for a total term limit of three (3) consecutive one-year terms.

(n)

Training. The board members shall have one (1) training session per year to be given by the city attorney or a seminar approved by the city manager, if budgeted by the city council.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2005-04, § 1, 3-7-05; Ord. No. 2010-14, § 6, 9-7-10; Ord. No. 2017-07, § 1, 6-5-17; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

In general, the board shall have the following general functions, powers and duties:

(1)

With the prior approval of the city council, the board may use consultants as technical support to fulfill its functions and duties.

(2)

The board shall monitor and oversee the operation, effectiveness and status of this Code and recommend amendments to the city council that are consistent with the comprehensive plan.

(3)

Specifically, the board shall have the following functions, powers, and duties for long-range planning within the city:

a.

The board shall review information necessary to assess the amount, direction, and type of development to be expected in the city.

b.

Upon request by the city council, the board shall provide advice about specific planning, zoning, development, historic preservation, and land use issues and policies.

c.

The board shall keep the city council and the general public informed and advised on the planning, zoning, development, historic preservation, and land use issues and policies of the city.

d.

The board shall carry out the functions of a local planning agency pursuant to the requirements of F.S. Ch. 163, including, without limitation, conducting public hearings, gathering information necessary for the drafting, establishment, amendment, and maintenance of the various elements of the comprehensive plan and provisions of this Code. See F.S. § 163.3174.

e.

The board may make or obtain special studies on the location, condition and adequacy of specific facilities of the city, including, but not limited to housing, commercial and industrial facilities, parks, playgrounds, beaches, and other recreational facilities, schools, public buildings, public and private utilities, transportation, and parking.

f.

The board shall review redevelopment plans prepared under F.S. Ch. 163, pt. III, as may be proposed.

g.

The board shall recommend to the city council plans for the replanning, reconstruction, or redevelopment of any area or district which may be destroyed, in whole or in part, or seriously damaged by hurricane, fire, earthquake, flood, or other disaster.

h.

The board shall perform other lawful duties, as may be assigned by the city council.

(4)

The board shall review and recommend to city council; approval, approval with conditions, or denial of applications for:

a.

Final development plans;

b.

Special exceptions affecting more than one (1) parcel in a residential area or one (1) acre or more of land in any zoning district;

c.

Variances for property located in the C-1, C-2, C-3, conservation, and CBD zoning districts.

(5)

The board shall hear and make a final decision for preliminary development plans.

(6)

The board shall hear and make a final decision for all special exceptions affecting less than one (1) acre of land, except for planned unit developments.

(7)

The board shall hear and make a final decision for all variances for property located in the R-1, R-2, R-3, R-4, RC overlay and R-5 zoning districts, including floodplain variances in those districts.

(8)

The board shall hear and make a final decision for all administrative appeals, including appeals related to community design and architectural design in the R-4 and CBD zoning districts.

(9)

The board shall have the following functions, powers, and duties for historic preservation within the city:

a.

The board shall work with the Jacksonville Historic Landmarks Commission in assisting property owners of historically significant structures in applying for and utilizing state and federal assistance programs.

b.

The board shall work with residents to nominate historically significant structures for state and federal designation.

c.

The board shall advise the city council concerning the effects of local government actions on cultural resources.

d.

The board shall advise property owners and city departments concerning the proper protection, maintenance, enhancement, and preservation of cultural resources.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 7, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

The board shall adopt rules of procedure to carry out its purposes. All rules must conform to this Code, other city ordinances, and state law and shall be filed in the office of the city clerk.

(b)

All meetings shall be conducted in a public building and shall be open to the public.

(c)

The board shall meet each calendar month, unless cancelled by the board or its chair; and more often at the call of the chair, the board, or the city council.

(d)

Notice of meetings. Notice of meetings shall be given as provided for in this Code and by state statute. Additionally, notice indicating the time and place of the public hearing shall be posted in the front yard of the property which is subject of the hearing, facing the street on which the property is addressed for at least ten (days) prior to the hearing. Such notice shall contain the address of the property and the subject matter of the hearing. The notice on the property site shall be of a standard size and design approved by the city manager or designee and shall be provided to the property owner or their representative upon request.

(e)

The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision of each member on every question. The minutes shall be signed by the chair, or in his absence the vice-chair.

(f)

Statement of the facts for variances and special exceptions found by the board shall be included in the minutes of each case heard or considered by it.

(g)

The board shall set a reasonable time for the hearing of administrative appeals and shall give notice thereof to the person making the appeal and to the officer from whom the appeal is taken.

(h)

The minutes shall be filed with the city clerk and shall become part of the public record.

(i)

A copy of the minutes of each meeting shall be forwarded to the city council for its review.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 8, 9-7-10)

(a)

Four (4) members shall constitute a quorum.

(b)

Each decision of the board must be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting. If a call to vote for a motion ends in a tie, the motion dies for a lack of a majority.

(c)

Abstentions and disqualification from voting shall occur in accordance with Florida law.

(d)

A member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2005-04, § 1, 3-7-05; Ord. No. 2009-01, § 1, 4-6-09; Ord. No. 2010-14, § 9, 9-7-10)

The city council may appoint legal counsel to represent the board.

(Ord. No. 2004-10, § 1, 10-4-04)

The provisions of this chapter shall be enforced as provided for in chapter 2, article VII, division 2 of the Code of Ordinances for Neptune Beach.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Except as specifically provided for in this Code, the city manager shall assign individuals to perform functions or duties as may be required by this Code.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

In considering appeals from variance and special exception decisions by the community development board, the city council shall observe procedural requirements set forth in article III.

(b)

The city council shall review and grant final authority for special exceptions affecting one (1) acre or more of land, and for all variances affecting more than one (1) parcel of land in a residential district and for property located in the C-1, C-2, C-3, CBD, and conservation zoning districts.

(c)

In considering proposed changes to this Code, the city council acts in a legislative capacity, and when making changes to the zoning map, the city council acts in a quasi-judicial manner and shall observe procedural requirements set forth in article III.

(d)

Unless otherwise specifically provided in this chapter, the city council shall follow the regular, voting, and other requirements as set forth in other provisions of the city Code, the city Charter, or laws of the State of Florida.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 11, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)