(a)

There is hereby created a planning and zoning board consisting of five members and up to three alternates to be appointed by the board of commissioners. The term of office shall be for a staggered three-year period, and each member shall serve until their respective successors are appointed. Any member may be removed from office for cause by the board of commissioners after written notice and public hearing. The board of commissioners shall fill any vacancy within 30 days. Each member must be and remain a permanent resident of the Town of North Redington Beach.

(b)

Pursuant to and in accordance with F.S. § 163.3174, the planning and zoning board is hereby designated and recognized as the local planning agency for the incorporated territory of the town.

(c)

For purposes of this article, the terms "local planning agency," "planning and zoning board," "board," and "local planning board" are used interchangeably and are to be regarded as synonymous. The designation "local planning agency" is used in reference to the provisions of F.S. § 163.3161 et seq.

(Code 1985, § 22-51; Ord. No. 2005-600, § I, 2-10-2005; Ord. No. 2006-622, § I, 7-13-2006; Ord. No. 2015-756, § 1, 6-11-2015)

(a)

The planning and zoning board shall elect a chair and vice-chair from among its members.

(b)

The planning and zoning board shall meet at regular intervals to be determined by it and at such other times as the chair or the planning and zoning board may determine. It shall adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transactions, findings and determinations, which record shall be a public record. All meetings of the planning and zoning board shall be public.

(Code 1985, § 22-52)

(a)

Preparation of comprehensive plan. When basic information for the area has been brought together, the planning and zoning board shall prepare a comprehensive and coordinated general plan for the development of the area, based on existing and proposed improvements in the area and stating the principles according to which future development should proceed and the manner in which such development should be controlled. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area which will, in accordance with existing and future needs, best promote public health, safety, comfort, order, appearance, convenience, morals and the general welfare, and which will contribute to efficiency and economy in the process of development. The comprehensive plan shall include plans for land use and may include plans for transportation, community facilities, a long-range financial program for public improvements and such other matters as may be deemed necessary by the planning and zoning board and the board of commissioners for the purpose of meeting the objectives of this chapter.

(b)

Adoption of comprehensive plan. The comprehensive plan shall be adopted by the planning and zoning board either in its entirety or as substantial portions corresponding generally with functional or geographic classifications are completed. Before adoption of the comprehensive plan or any portion or portions thereof, a public hearing shall be held with due public notice by the planning and zoning board. The adoption of the comprehensive plan or any portion or portions thereof, or of any amendment or additions thereto, shall be by resolution carried by the affirmative vote of a majority of the total membership of the planning and zoning board. The resolution shall refer expressly to the maps, descriptive material and other matters intended by the planning and zoning board to form the whole or part of the comprehensive plan. The action taken shall be recorded on the adopted plan or parts thereof by the identifying signatures of the secretary and the chair of the planning and zoning board, together with the date of such action, and a copy of the comprehensive plan or parts thereof shall be certified to the board of commissioners. The officially adopted copy of the comprehensive plan or any portion thereof and any duly adopted amendments thereto shall be a part of the permanent records of the planning and zoning board.

(c)

Review and amendment of comprehensive plan. At least once each year, the comprehensive plan or the completed parts thereof shall be reviewed by the planning and zoning board to determine whether changes in the amount, kind or direction of development of the area, or other reasons, make it beneficial to make additions or amendments to the plan. If the board of commissioners desires an amendment or addition to the comprehensive plan, it may, on its own motion, direct the planning and zoning board to prepare such amendment. If such amendment is in accordance with the purposes of the comprehensive plan, the planning and zoning board shall do so within a reasonable time as established by the board of commissioners. The procedure for revising, adding to, or amending the comprehensive plan shall be the same as the procedure for its original adoption.

(d)

Reports. Tentative recommendations as to the boundaries of districts and the regulations to be enforced therein may be prepared by the planning and zoning board at its own initiative or at the request of the board of commissioners. The planning and zoning board shall hold public preliminary hearings and conferences at such times and places and upon such notice as it may determine to be necessary to inform itself and the public in the preparation of the tentative report. The tentative report, which shall include the proposed zoning ordinance with maps and other explanatory materials, shall be made to the board of commissioners by the planning and zoning board. After the planning and zoning board has received any suggestions and recommendations of the board of commissioners, the planning and zoning board shall make a final report to the board of commissioners. Such report shall not be made by the planning and zoning board until it has considered recommendations and suggestions of the board of commissioners and until it has held at least one public hearing with a notice of time, place and purpose of the hearing to be published at least twice in a newspaper of general circulation in the area with the first such publication to be at least 15 days prior to the date of the hearing and the second publication to be at least five days prior to the hearing. In addition, except where the hearing applies to all of the lands within the area, similar notices setting forth the time, place and purpose of the hearing shall be mailed to the last-known address of the owners of the properties involved in or directly affected by the hearing, and the notice shall be also posted in a conspicuous place or places on or around such lots, parcels or tracts of land as may be involved in or directly affected by the hearing. Affidavit proof of the required publication, mailing and posting of the notice shall be presented at the hearing.

(e)

Determination of displaced households; remedies. In preparing any public development or redevelopment project for the town, the board shall determine the number of households that will be displaced by such project and shall ensure, prior to the commencement of the public development or redevelopment project by the town, that:

(1)

Safe affordable housing is available within the town or other areas of the county; and

(2)

The displaced households are able to relocate to such affordable housing.

(Code 1985, § 22-53)

There is hereby created a housing quality subcommittee of the planning and zoning board, the number and appointment of members to be determined by the chair of the planning and zoning board. The housing quality subcommittee shall review and recommend standards for the quality of housing, stabilization of neighborhoods, and identification and improvement of historically significant housing.

(Code 1985, § 22-60; Ord. No. 2018-800, § 8, 7-12-2018)

Editor's note— Ord. No. 2018-800, § 7, adopted July 12, 2018, repealed §§ 98-64—98-68. The former § 98-64 pertained to appeals, special exceptions and variances and derived from Code 1985, § 22-54; Ord. No. 96-458, § I, 10-10-1996; Ord. No. 2015-757, § 1, 6-11-2015. The former § 98-65 pertained to filing fee and derived from Code 1985, § 22-55; Ord. No. 2000-542, § I, 12-14-2000; Ord. No. 2005-599, § VI, 2-10-2005. The former § 98-66 pertained to notice of public hearings and derived from Code 1985, § 22-56. The former § 98-67 pertained to decisions of the board and derived from Code 1985, § 22-57; Ord. No. 96-450, § I, 9-5-1996; Ord. No. 2004-598, § III, 11-11-2004. The former § 98-68 pertained to judicial review of decisions and derived from Code 1985, § 22-58; Ord. No. 2015-758, § 1, 6-11-2015. Additionally, § 8 of said ordinance renumbered § 98-69 as § 98-64.

(a)

Creation and scope. There is hereby established a special magistrate who shall be designated by the board of commissioners to preside over variance requests. Any person appointed by the board of commissioners as a special magistrate may preside over variance applications, special exception applications, appeals of administrative decisions, and such other matters as the board of commissioners may assign by ordinance, resolution or otherwise.

(b)

Qualifications. To be eligible for service as a special magistrate, a person must:

1.

Be a retired Florida judge; or

2.

Be a member in good standing of the Florida Bar for a minimum of five years.

(c)

Appointment. One or more special magistrates shall be appointed by the board of commissioners and shall serve at their pleasure. A special magistrate shall remain appointed and eligible to preside over cases unless removed by the board of commissioners.

(d)

Compensation. A special magistrate shall be compensated at a rate to be determined by the board of commissioners and under such terms and conditions as otherwise agreed to by contract.

(e)

Specific authority. The special magistrate shall have the authority to:

1.

Hear applications for variances from the terms of this chapter or other chapters of the Town's code as therein described.

2.

Request briefs to be filed on behalf of any party and prescribe filing and service requirements.

3.

Hear oral argument on behalf of any party.

4.

Adjourn, continue or grant extensions of time for compliance with these rules, either on its own motion or upon application of the party, provided no requirement of law is violated; however, only one continuance or extension of time may be granted for purposes of providing due public notice.

5.

Dispose of procedural requests or similar matters including motions to amend and motions to consolidate.

6.

Keep a record of all persons requesting notice of the decision in each case.

(Ord. No. 2018-800, § 9, 7-12-2018)

The special magistrate shall:

(a)

Hear an appeal when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or regulation adopted pursuant to this chapter as well as Chapter 18, Buildings and Building Regulations; Chapter 82, Floods; Chapter 86, Signs.

1.

In exercising its powers to hear and decide appeals, the magistrate may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination made by the administrative official.

2.

A request for an appeal must be initiated by the aggrieved person within 60 days of the decision rendered by an administrative official that is being appealed. If the aggrieved person fails to file an appeal within such period, the magistrate shall have no authority to hear the appeal.

3.

The magistrate, in determining whether the administrative official's decision was correct, can only consider the specific Code provision considered by the administrative official, and the papers, documents, and maps provided to the administrative official before making his decision. The magistrate shall not consider the fairness of the application of the specific Code provision in deciding the appeal.

(b)

Hear such special exceptions as are specifically authorized under the terms of this chapter.

(c)

Hear applications for variances from the terms of this chapter as provided in section 98-73.

(Ord. No. 2018-800, § 9, 7-12-2018)

(a)

Applicants for appeals, special exceptions or variances shall be required to assume the reasonable costs in connection with such applications. In all public hearings held by the special magistrate where the town determines that it is necessary or proper to formally advertise notice of the time, place and purpose of the public hearing and to have the advice and assistance of the town attorney and the assistance of other personnel, the applicant or petitioner who initiates or seeks the relief desired shall pay to the town clerk at the time of filing the application, a filing fee set by resolution of the board of commissioners, which shall become part of the general fund of the town. The fee is not required if the matter at issue is initiated by the town authority. The application shall be filed by the applicant on a form approved by the town.

(b)

In the event the application is withdrawn and the town has not incurred nor is obligated for the cost of advertising, the fee will be refunded to the applicant. No refund shall be permitted after the town is obligated for the cost of advertising or other costs for which the established fee is designated to cover.

(c)

In the event the applicant requests and obtains a continuance or postponement either at or before a hearing on the matter and the town will incur or become obligated to pay additional reasonable costs in connection with such application, a new application fee shall be required.

(Ord. No. 2018-800, § 9, 7-12-2018; Ord. No. 2021-832, § 1, 6-10-2021)

(a)

A variance from the terms of this chapter may not be granted unless the special magistrate finds that competent substantial evidence exists to find that the following conditions exist:

1.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved.

2.

The special conditions and circumstances do not result from the actions of the applicant.

3.

Literal interpretation of the provisions of this chapter would work unnecessary and undue hardship on the applicant.

4.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

5.

The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

The desire to maximize the value of the land or any structure thereon shall not constitute a justification for the granting of a variance.

(c)

The opinions of neighboring property owners or other citizens may be considered by the special magistrate when considering a variance application, but only to the extent such opinions address one or more of the factors set forth in subsection (a) above.

(d)

All relevant permits must be obtained and substantial construction (or active use of the variance if construction is not involved) must begin within one year from the date the variance is granted, otherwise the variance shall expire and be of no further effect.

(Ord. No. 2018-800, § 9, 7-12-2018)

(a)

Conduct of hearing. The special magistrate shall have the authority to conduct a de novo hearing of all facts and questions of law including interpretations of this Code.

(b)

Record. The record for variance requests shall consist of the following:

1.

The variance application and any other information submitted by the applicant to the administrative official;

2.

The written decision of the administrative official subject to appeal and any documents attached thereto;

3.

Applicable portions of the Town Comprehensive Plan, the Town Land Development Code and any other duly adopted town ordinance, rule or resolution; and

4.

Other materials the special magistrate makes a part of the record and reviews or relies on in making a decision.

(c)

Record. The special magistrate may accept into the record any documents, photographs or other materials deemed relevant and admissible. However, upon submission of a final order to the city clerk, the special magistrate shall surrender the original copies of all such materials so the town may properly maintain the record for appellate and public records purposes.

(d)

Support. The city clerk shall ensure that the special magistrate is informed of all new applications assigned for hearing, shall coordinate the scheduling of special magistrate hearings including the date and location of the hearings, and shall ensure that such hearings are properly noticed.

(Ord. No. 2018-800, § 9, 7-12-2018)

Notice of all public hearings of the special magistrate under the provisions of section 98-71 shall be given by the publication of the time, date and purpose of the hearing, one time, not more than two nor less than one week prior to the hearing, and by mailing via the U.S. mail a copy of the notice addressed to the owners of property within 300 feet within each direction.

(Ord. No. 2018-800, § 9, 7-12-2018)

(a)

The special magistrate shall hold a de novo public hearing allowing public comment, sworn testimony, evidence and cross examination. Unless otherwise prescribed in the Town Code or by resolution of the board of commissioners, the special magistrate may adopt such procedural rules, to include time limitations on presentations and admission of evidence, as may be needed to effectively balance the need to conduct an efficient hearing with the need to provide essential due process to the applicant and any other persons entitled to party status.

(b)

The special magistrate shall, in a timely manner after the conclusion of the hearing, render a written final decision which shall include findings of fact and conclusions of law, and which shall state the relief, if any, to be accorded to the applicant and any adversely affected party.

(c)

Imposition of conditions. The special magistrate may impose conditions upon the land or premises benefiting from the variance as reasonably necessary to minimize any injurious effect a granted variance may have upon the town, neighboring properties, the environment, public safety or as may be agreed to at the hearing by the applicant. However, an applicant may not be granted a variance by agreeing to one or more special conditions unless the special magistrate finds that the factors set forth in section 98-64 of this Code have been met.

(d)

Unless specifically stipulated by the special magistrate, all variances and associated limiting conditions will run with the land for which the variance is granted.

(e)

Finality of action. When the special magistrate approves or denies a variance request in accordance with the Land Development Code, that action shall be the final action of the town and shall not be subject to further review of the town.

(f)

Judicial review. A final action of the special magistrate concerning a variance application may be reviewed in a court of proper jurisdiction as prescribed by law. An appeal shall be filed within 30 days of the date of the order sought to be appealed.

(Ord. No. 2018-800, § 9, 7-12-2018)