The following boards and agencies are created to administer the provisions of this code under the authority prescribed by this code and Florida Law.

(Ord. No. 11-01, § 2, 1-18-11)

The Okaloosa County Planning Commission is also the local planning agency and the land development regulation commission.

(Ord. No. 11-01, § 2, 1-18-11)

The planning commission shall consist of five members whose duties, responsibilities, and powers shall be to hear, decide, recommend and approve only those matters specifically authorized by this ordinance or Ordinance No. 90-1, or any other ordinance of Okaloosa County specifically delegating responsibilities to the planning commission. Members of the planning commission may be removed from office by the governing body for cause upon written charges and after public hearing.

(Ord. No. 11-01, § 2, 1-18-11)

Each elected official of the governing body shall appoint one member of the planning commission residing within the county commissioner's district. The appointments shall be confirmed by the Okaloosa County Board of Commissioners.

(Ord. No. 11-01, § 2, 1-18-11)

Vacancies to the planning commission shall be appointed by the elected official of the governing body from whose district the previous member of the planning commission had resided; with the approval of the governing body.

(Ord. No. 11-01, § 2, 1-18-11)

Each member of the planning commission shall be appointed for a term of three years and shall continue to serve until the vacancy is filled.

(Ord. No. 11-01, § 2, 1-18-11)

All meetings of the planning commission shall be open to the public, and no item shall be considered by the planning commission unless due public notice has been given. Due public notice shall be given as specified in chapter 1 of this Code.

(Ord. No. 11-01, § 2, 1-18-11)

The planning commission shall elect a chairman and a vice-chairman from among its members. The planning commission may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all offices shall be for one year, with eligibility for election. The planning commission shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at other times as the commission may determine.

1.

The Chairman, or if absent, the vice-chairman, may administer oaths and compel the attendance of witnesses. A quorum of three members is necessary at any meeting in order for the commission to take official actions.

2.

Approval or disapproval: The planning commission, at a public meeting or public hearing when required by statute, will either recommend to the governing body approval, approval with conditions, disapproval or table the request for further action.

3.

The planning commission shall keep minutes of its proceedings in summary form and not verbatim, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its meetings and other official actions, all of which shall be a public record and files in the office of the planning and inspection department. An appealing party shall be responsible for the preparation of a verbatim transcript.

(Ord. No. 11-01, § 2, 1-18-11)

The board of adjustment shall consist of five members with all appointments to be made by the governing body. Members of the board of adjustment may be removed from office by the governing body for cause upon written charges and after public hearing. The appointment, organization, jurisdiction, duties, meetings, and procedures of this board shall be as set out herein.

(Ord. No. 11-01, § 2, 1-18-11)

Each elected official of the governing body shall recommend one appointment to the board of adjustment residing within the county commissioner's district. The appointments shall be confirmed by the board of county commissioners.

(Ord. No. 11-01, § 2, 1-18-11)

Vacancies to the board of adjustment shall be appointed by the elected official from whose district the previous member of the board of adjustment had resided; with the approval of the governing body.

(Ord. No. 11-01, § 2, 1-18-11)

Each member of the board of adjustment shall be appointed for a term of three years and shall continue to serve until the vacancy is filled.

(Ord. No. 11-01, § 2, 1-18-11)

The board of adjustment shall elect a chairman and a vice-chairman from among its members. The planning and inspection department shall provide a secretary who shall keep minutes of the board meetings. The board of adjustment may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all offices shall be for one year, with eligibility for reelection. The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such times as the board may determine.

(Ord. No. 11-01, § 2, 1-18-11)

All meetings of the board of adjustment shall be open to the public, and no item shall be considered by the board of adjustment unless due public notice has been given. Due public notice shall be given as specified in chapter 1.

1.

The chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses. A quorum of three members is necessary at any meeting in order for the board to take official actions.

2.

The board of adjustment shall keep minutes of its proceedings in summary form and not verbatim, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed in the office of the planning and inspection department.

(Ord. No. 11-01, § 2, 1-18-11)

Appeals to the board of adjustment concerning interpretation of this ordinance may be taken by any person aggrieved by any decision of the administrative official except appeals regarding construction matters which will be taken to the code enforcement board. Such appeals shall be taken within a reasonable time, not to exceed 30 days from the date of such decision or such lesser period as may be provided by the rules of the board, by filing with the administrative official a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official shall transmit to the board all papers constituting the record upon which the action appealed from was taken. The board of adjustment shall give a reasonable time for the hearing for appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Ord. No. 11-01, § 2, 1-18-11)

An appeal stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that the reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

(Ord. No. 11-01, § 2, 1-18-11)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, commission, of the governing body, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judicial relief within 30 days after the rendition of the decision by the board of adjustment. Review in the circuit court shall be by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The making of a verbatim transcript of the proceedings shall be the responsibility of the appealing party.

(Ord. No. 11-01, § 2, 1-18-11)

The board of adjustment shall have the following powers and duties:

1.

Administrative review: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of the Land Development Code except appeals regarding construction matters.

2.

Special exceptions: Conditions governing applications; procedures to hear and decide only special exceptions as the board of adjustment is specifically authorized to pass on under the terms of this ordinance; to decide questions as are involved in determining when special exceptions should be granted and to grant special exceptions when in harmony with the purpose and intent of this ordinance. In granting any special exception, the board shall find that the granting will not adversely affect the public interest. In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance. The board of adjustment may prescribe a reasonable time limit within which the action required for the special exception shall be begun or completed or both.

3.

Variances: Conditions governing applications, procedures; to authorize upon appeal such variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this ordinance, the board of adjustment must and shall find:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

b.

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

c.

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, buildings or structures in the same zoning district.

d.

That literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant.

e.

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

f.

That the grant of the variance will be in harmony with the general intent and purpose of the Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

g.

In granting any variance, the board of adjustment may prescribe a reasonable time limit within which the action required for the variance shall be begun or completed or both. Under no circumstances, except as permitted above, shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

h.

Reference other sections of this ordinance for variances which may be granted by the planning commission or the county public works department.

i.

In accordance with Chapter 187.201, Florida Statutes, State Comprehensive Plan, Goal (15) Property Rights, and Ordinance No. 90-1, Goal 7.B, the board of adjustment may grant a variance to any regulation in the Land Development Code whenever it is apparent that a taking of private property would otherwise occur. Said variance shall only be granted for a use or development which is compatible with the surrounding area and does not impose an excessive burden or have a negative impact on surrounding or adjacent uses or on community facilities or services.

4.

Variances in special flood hazard areas: The Board of Adjustment shall hear and decide on requests for variances from the strict application of the special flood hazard area requirements of the Land Development Code. Pursuant to Section 553.73(5), Florida Statutes, the Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. Specific limitations, restrictions, considerations and conditions are established in LDC Section 3.06.08. The authority to grant variances does not apply to Section 3109 of the Florida Building Code, Building.

5.

Board has powers of administrative official on appeals: The board of adjustment may, so long as such action is in conformity with the terms of the Land Development Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken. The concurring role of the majority of all the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant of any matter upon which the board is required to pass under any such ordinance.

6.

In the event a special exception or variance is denied by the board of adjustment: The applicant shall not reapply for a special exception or variance for the same use within one year after the date of first denial unless a physical change has been made to the structure(s) or the plans have been modified to reduce the impact. Application fee for the same use will be doubled with each new submittal within the one-year date of denial.

Exception: This does not apply if the variance or special exception request pertains to a different use.

(Ord. No. 11-01, § 2, 1-18-11; Ord. No. 21-01, § 8, 2-2-21)

Each request for a variance, special exception, or appeal of an administrative decision as allowed by section 11.02.09 of the Code shall be originated by the filing of an application with the planning and inspection department.

1.

The form of the application shall be approved by the legal advisor and the board.

2.

The application must be supported by the following:

a.

Letter of request from the applicant which contains the request(s) for variance(s), special exception(s), or appeal(s) of an administrative decision.

b.

Statements of fact setting out compliance with the criteria established by section 11.02.09 of the Code when required.

c.

Proof by the applicant of ownership or interest in the land for which the request is sought.

d.

A complete legal description of the parcel of land to which the request is sought.

e.

A site plan to scale, showing the proposed improvement or location of the specific request. The site plan shall contain an affidavit that the plan accurately depicts the property, improvements and proposed improvements. The applicant may provide a current survey which provides the same information, in lieu of a site plan.

f.

Any other documents or requirements which are mandated by section 11.02.09 or deemed necessary by staff in reference to the specific request made. By way of example and not of limitation, such requirements might be a drawing of the structure of a sign as required by the sign ordinance or, in the case of a swimming pool, a drawing of the location of the pump and filter equipment.

3.

The planning and inspection department shall have the discretion to refuse or to accept an application which does not include support documents required by this code.

4.

The application and any supporting materials must demonstrate the need and the requirements of section 11.02.09 of the Code as applicable. Failure to provide complete information will permit the board to continue or dismiss, without prejudice, any application.

(Ord. No. 11-01, § 2, 1-18-11)

The county staff, hereinafter referred to as "staff," has the responsibility of everyday business of the county and as regards to matters that may come before the board, to ensure compliance with ordinances of the county.

1.

Staff shall provide technical assistance to the applicant regarding the requirements of the Land Development Code and identification of elements in noncompliance with the Land Development Code.

2.

Staff must review all applications for technical completeness and report its opinion to the board.

3.

Staff must review the site plan or survey attached to the application and provide a statement that staff has viewed the property and finds that the site plan accurately depicts the property, to the best of the staff's knowledge. It is understood that staff should not act as a surveyor or in any way guarantee the site plan attached to the application, but should provide the board with information that the site plan does or does not accurately depict the property for the purposes of the specific request and disposition by the board.

(Ord. No. 11-01, § 2, 1-18-11)

The board of adjustment shall present a decision to grant or refuse a variance, special exception, or administrative decision appeal following a public hearing conducted in accordance to the rules and procedures which guarantee due process.

1.

The public hearing shall allow the applicant, staff, then the public, the opportunity to present testimony, information, and supporting documents to the board.

2.

After the testimony, information, supporting documents, and rebuttals of the applicant, staff, and public have been exhausted, the board shall deliberate on the evidence and testimony presented.

3.

Following the close of deliberation, a motion stating the findings of fact and identifying the evidence relied upon in making the findings of fact may be made.

4.

After the board has passed a motion which either grants or denies the application with or without conditions, and no appeal has been made, the planning and inspection department's appointed secretary shall compile the motion into written form and present the order to the chairman for execution.

(Ord. No. 11-01, § 2, 1-18-11)

Editor's note— Ord. No. 16-02, § 2, adopted January 5, 2016, repealed § 11.03.00, subsections 11.03.00—11.03.11, which pertained to a code enforcement board and derived from Ord. No. 11-01, adopted January 18, 2011.

The term administrator as used in this ordinance means the director of the growth management department, the director of public works department, or any other employee of the governing body who may be empowered to make decisions or interpretations of this ordinance. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, and that recourse from the decisions of the administrator shall be to the board of adjustment except as specified in section 11.02.06.

(Ord. No. 11-01, § 2, 1-18-11)

The growth management department together with other county departments as needed shall provide administrative services for the planning commission, the board of adjustment and the code enforcement board.

(Ord. No. 11-01, § 2, 1-18-11)

No member of the governing body may appoint a member to the planning commission, the board of adjustment or the code of enforcement board that is related to the member of the governing body to the degree prohibited by Section 116.111, Florida Statutes.

(Ord. No. 11-01, § 2, 1-18-11)