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

There is hereby created a department of planning and development under the direction and control of the county administrator. The department shall perform all administrative functions of Okeechobee County relating to the administration of this code with the exception of the Life Safety Code NFPA 101 incorporated by article VIII of this code. In addition, certain functions for the City of Okeechobee may be performed as authorized by interlocal agreement.

(Ord. No. 94-8, § 1 (12.01.01), 10-5-94)

A.

Establishment of position. An administrative official to be known as the director of planning and development, appointed by the county administrator with the advice and consent of the board of county commissioners, shall administer and enforce this code. The county administrator may designate himself as the director of planning and development, and may delegate portions of or all of the duties as specified in subsection 12.01.02(B) of this code to the planning director, the code compliance director or to other aides or assistants. The director of planning and development or his designees are authorized to act through aides and assistants. In the performance of his duties, the director of planning and development may request the assistance of any appropriate officer or agency of the county.

B.

Duties. The director shall perform duties and responsibilities prescribed by this code including but not limited to:

1.

Receive all applications for development approval.

2.

Determine the completeness of development applications.

3.

Conduct all preapplication conferences.

4.

Schedule all applications before the technical review committee and planning board.

5.

Chair the technical review committee.

6.

Ensure that proper notice is given prior to all hearings on development applications.

7.

Ensure that all time limits prescribed by this code are met.

8.

Monitor the progress of all development applications through the review process and be available to respond to the questions of interested persons.

9.

Investigate promptly complaints of violations, reporting his findings and actions to complainants, and shall use his best endeavors to prevent violations or to detect and secure the correction of violations.

10.

Order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by these regulations necessary to ensure compliance with or to prevent violation of this code.

11.

Maintain written records of all official actions of his department with relation to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record.

12.

Perform such duties as are necessary to ensure continued community eligibility for federal flood insurance or to comply with the requirements of FEMA.

(Ord. No. 94-8, § 1 (12.01.02), 10-5-94)

A.

Generally. The department shall have a planning division, an environmental division and a code compliance division.

B.

Planning division.

1.

The planning division shall be headed by the planning director to be appointed by the director with the advice and consent of the county administrator.

2.

The planning division shall be responsible for comprehensive planning and programming of capital facilities throughout the county.

3.

The planning division shall provide staff support for the planning board.

C.

Code compliance division.

1.

The code compliance division shall be headed by the code compliance director to be appointed by the director with the advice and consent of the county administrator.

2.

The code compliance division shall be responsible for all investigation, analysis, inspection and review required by this code and those codes incorporated by reference, for the approval of development and building proposals. It shall perform its duties and responsibilities in conjunction with, and as staff for, the construction licensing board.

3.

The code compliance division shall also be responsible for enforcing the provisions of this code and all development plans and permits issued thereunder by providing staff support for the code enforcement board.

[D.

Reserved.]

[E.

Reserved.]

F.

Environmental division.

1.

The environmental division shall be headed by the environmental control officer to be appointed by the board of county commissioners and designated a code enforcement officer. In doing so, the board shall consider the recommendation of the Okeechobee County health director as well as the environmental control board. The board of county commissioners shall give due consideration to the qualifications and experience of said applicant in the field of environmental control. The environmental division shall perform its duties and responsibilities in conjunction with, and as staff for, the environmental control board.

2.

The environmental control officer shall have the following powers and duties:

(a)

In cooperation with the county health director, enforcing the provisions of this code and county ordinances, adopting enforcement procedures not inconsistent with this code, and rules promulgated, and all laws of the state and rules of the state agencies, including the department of environmental regulation [protection] and the department of health and rehabilitative services, pertaining to environmental control.

(b)

Conducting investigations and recommending legal proceedings to abate violations of this code in accordance with the law of the State of Florida and the provisions of this code.

(c)

Cooperation with industry, business, institutions, governmental agencies, and other interested parties accomplishing effective environmental control.

(d)

Publicizing and disseminating information to the public concerning the environment and recommending methods for its control.

(e)

Enlisting and encouraging public support, and the assistance of civic, technical, scientific, and educational organizations, and the cooperation of industrial and business enterprises and organizations.

(f)

Making quarterly reports concerning the status of the environment in Okeechobee County and the enforcement of the provisions of this code and recommendations concerning the improvement of environmental control. Such reports shall be filed with the board of county commissioners and be made available to other governmental agencies which may be interested.

(g)

Exercising such additional powers as may be assigned by the board of county commissioners.

(Ord. No. 94-8, § 1 (12.01.03), 10-5-94)

There is hereby created a technical review committee to be chaired by the director of planning and development or his designee.

(Ord. No. 94-8, § 1 (12.02.01), 10-5-94; Ord. No. 96-03, § 1, 4-11-96)

A.

Voting. The voting membership of the committee shall be composed of an employee appointed from each of the following departments, agencies and entities:

1.

Planning division.

2.

Code compliance division.

3.

Fire department.

4.

Engineering department.

5.

Department of health and rehabilitative services.

6.

Road and bridge department.

B.

Ex officio. Representatives of the following shall be ex officio members of the committee:

1.

Okeechobee County school district.

2.

All applicable utility providers (e.g., gas, electric, cable television, telephone, sewer, water, garbage).

3.

Sheriff's department.

4.

Parks and recreation department.

5.

Legal department.

(Ord. No. 94-8, § 1 (12.02.02), 10-5-94; Ord. No. 96-03, § 1, 4-11-96)

The committee shall meet at least monthly to review and approve development proposals as prescribed in this code. The director of planning and development may call additional meetings and may refer matters to the committee for review and comment.

(Ord. No. 94-8, § 1 (12.02.03), 10-5-94; Ord. No. 96-03, § 1, 4-11-96)

The following shall apply to all citizen boards and committees unless otherwise provided herein or in the resolution or ordinance structuring such board or committee:

A.

Qualifications of members. No member of a citizen board or committee shall be an employee of, or hold any elective or paid appointed position or office in the government of Okeechobee County, any municipality, taxing district or utility authority located within Okeechobee County. Nor shall a member of a citizen board or committee be an employee of, or hold any elective or paid appointed position or office with the State of Florida or state agency having jurisdiction in Okeechobee County where such jurisdiction may routinely result in a potential conflict of interest relative to the actions, issues, petitions or other matters to be considered by the citizen board or committee. Members shall be appointed from among persons in a position to represent the public interest. Members shall be residents of Okeechobee County.

B.

Removal. Members of any citizen board or committee may be removed from office by a majority vote of the board of county commissioners.

C.

Vacancies. Vacancies in any citizen board or committee membership shall be filled by appointment of the board of county commissioners for the unexpired term of the member affected. It shall be the duty of the chairman of each board or committee to notify the chairman of the board of county commissioners within ten days after any vacancy shall occur among members or alternate members of that board or committee.

D.

Sunset. A member of a board or committee shall serve for a period of three years. Each term shall expire on March 1 of the appropriate year. A board or committee member may be reappointed for subsequent three year terms, provided that the member applies for appointment to a vacant position upon expiration of his term.

E.

Alternate members. An alternate member shall be appointed to each citizen board or committee. Such alternate shall attend all meetings and fully participate in board or committee discussions and deliberations to the point of voting. The alternate shall not cast a vote if all permanent members are present. Should any permanent member be absent, the chairman or vice-chairman may declare the alternate to be a voting member for the duration of the meeting. The quorum requirements of the board or committee shall not be increased, nor shall the alternate be counted toward a quorum or lack thereof unless the alternate has been declared to be a voting member for the duration of the meeting.

F.

Proceedings.

1.

Officers and voting. Each board or committee shall select a chairman and vice-chairman from among its members and may create and fill such other offices as it may determine. It shall provide itself with a secretary, either by election from its members or by appointment of an employee of the county who is not a member of the board or committee. All members of the board or committee, but not a secretary who is not a member of the board or committee, shall be entitled to vote in matters before that board or committee.

2.

Rules of procedure. Each board or committee shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of law and this Code. Such rules of procedure shall be available in a written form to the public.

3.

Meetings. Meetings shall be held at the call of the chairman and at such other times as the board or committee may determine; provided, that the board or committee shall schedule at least one meeting every other month, on a day to be determined by the board or committee. Meetings that are not regularly scheduled shall not be held without at least 48 hours notice to each member and subject to the notice provisions of subsection 5., below. Each board or committee shall have the power to take testimony under oath and compel the attendance of witnesses.

4.

Quorum; minutes; public records. Each board or committee shall keep minutes of its proceedings, showing the vote of each member (including the chairman or vice-chairman), or if absent or failing to vote under subsection 6. below indicating such fact. The board or committee shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately in the office of the director of planning and development.

A quorum for the transaction of business shall consist of four members. The concurring votes of four members shall be necessary to reverse any order, requirement, decision, or determination of the director of planning and development. A majority of those present and voting shall be required to decide in favor of the applicant for any other matter upon which it is required to pass under this Code.

5.

Notice of meetings. In addition to any other notices that may be required by ordinance or statute for a particular matter that is to come before a board or committee, each board or committee that has a regular meeting schedule, shall publish such schedule no less than annually, in a newspaper of general circulation. Notice of special meetings shall be posted at the offices of the board or committee, or in the public area of the county support staff if the board or committee does not have an office. Provided further, each board or committee shall provide press releases or similar notices to the major local news media of the meeting time and place in an effort that this action will enable interested members of the public to attend the meeting.

6.

Disqualification of members. If any member of any board or committee shall find that his private or personal interests are involved in the matter coming before the board or committee, he shall disqualify himself from all participation in that case. No member of any board or committee shall appear before that board or committee or any other board or committee established in this Code, or the board of county commissioners as agent or attorney for any person in any matter involving planning or the land use regulations of the county.

7.

Financial and staff assistance. Each board or committee may be provided by the board of county commissioners with such professional and financial assistance as may be deemed necessary to enable the board or committee to perform the functions assigned to it by this Code.

G.

Multiple board or committee membership.

1.

Planning board and board of adjustments and appeals. In the making of appointments to the planning board or the board of adjustments and appeals, the board of county commissioners may appoint any or all of the members of the planning board to be members of the board of adjustment and appeals, and to serve jointly in the two capacities.

2.

Board classification. The board of county commissioners recognizes that all appointed citizen boards and committees demand a significant commitment of time and energy of the members; however, certain boards by statute or ordinance must perform complex enumerated functions. Accordingly, all existing lay boards and committees shall be classified by resolution as either type "A" or type "B." No member shall serve concurrently on more than one type "A" board or committee but may additionally serve on one type "B" board or committee. Any member not serving on a type "A" board or committee may concurrently serve on no more than three type "B" boards or committees. Until such time as the board of county commissioners adopts the resolution described in this subsection, those boards and committees described in this Code shall be considered type "A" and all other boards or committees shall be considered type "B."

(Ord. No. 94-8, § 1 (12.03.01), 10-5-94; Ord. No. 98-11, § 1, 12-17-98)

A.

Establishment and composition. A board of adjustments and appeals is hereby established, which shall consist of seven members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint three members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint two members and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years.

B.

Powers and duties. The board of adjustments and appeals 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, decision or determination of the director of planning and development in the enforcement of this code.

2.

Variances. To authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary and undue hardship.

3.

Special exceptions. To hear and decide only such special exceptions as the board of adjustments and appeals is specifically authorized to pass upon by the terms of this Code; to decide such questions as are involved in determining whether special exceptions should be granted; to grant special exceptions with such conditions and safeguards as are appropriate under this Code; or to deny special exceptions when not in harmony with the purpose, intent, and requirements of these regulations.

C.

Nonconforming uses. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided the board of adjustments and appeals shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of adjustments and appeals may require appropriate conditions and safeguards in accord with the intent and purpose of this code. Petition under this subsection shall be to the director of planning and development for transmittal to the board of adjustments and appeals.

D.

Administrative power. In exercising the above-mentioned powers, the board of adjustments and appeals may, so long as such action is in conformity with the terms of this 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 director of planning and development from whom the appeal is taken.

(Ord. No. 94-8, § 1 (12.03.02), 10-5-94)

A.

Establishment and composition. A planning board is hereby established, which shall consist of seven members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint three members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint two members and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years.

B.

Powers and duties. The functions, powers, and duties of the planning board in general shall be:

1.

To acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the county, statistics on past trends and present conditions with respect to populations, property values, economic base, land use and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the county.

2.

To prepare and recommend to the board of county commissioners for adoption, and from time to time recommend amendment or revision, of a comprehensive and coordinated general plan for meeting present requirements and such future requirements as may be foreseen.

3.

To establish principles and policies for guiding action affecting development in the county.

4.

To prepare and recommend to the board of county commissioners ordinances, regulations, and other proposals promoting orderly development along the lines indicated as desirable by the comprehensive plan.

5.

To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan and this code and recommend to the board of county commissioners.

6.

To conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan and ordinances, codes, and regulations related to it, and to establish public committees when deemed necessary for the purpose of collecting and compiling information necessary for the plan, or for the purpose of promoting the accomplishment of the plan in whole or in part.

7.

To make or cause to be made any necessary special studies on the location, adequacy, and conditions of specific facilities in the county. These may include but are not limited to studies on housing, agriculture, commercial and industrial conditions and facilities, recreation, public and private utilities, roads and traffic, and the like.

8.

To keep the board of county commissioners and the public informed and advised on these matters.

9.

To perform such other duties as may be lawfully assigned to it, or which may have bearing on the preparation, implementation or amendment of the comprehensive plan.

10.

Pursuant to and in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, part II, the planning board is hereby designated as the local planning agency for the county and shall perform the functions and duties as prescribed in the act.

11.

The board shall review redevelopment plans prepared under F.S. ch. 163, part III.

C.

Planning assistance. All county employees shall, upon request and within a reasonable time, furnish to the planning board or its employees or agents such available records or information as may be required in its work. The planning board, or its employees or agents, may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized county agents or employees, and shall have such other powers as are required for the performance of official functions in carrying out the purposes of the planning board.

(Ord. No. 94-8, § 1 (12.03.03), 10-5-94)

A.

Establishment and composition. A code enforcement board is hereby created and established to enforce the provisions of this code and any codes brought within the jurisdiction of this board by their terms or by the terms of separate enabling ordinances, which shall consist of seven members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint three members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint two members and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years. The membership of the enforcement board shall, whenever possible, consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor.

B.

Powers and duties. The code enforcement board shall have the following powers and duties:

1.

Adopt rules for the conduct of its hearings.

2.

Subpoena alleged violators and witnesses to its hearings. (Subpoena may be served by the sheriff of the county or the code inspector.)

3.

Subpoena evidence.

4.

Take testimony under oath.

5.

Issue orders having the force of law commanding whatever steps are necessary to bring a violation under compliance.

C.

Legal representation. The county attorney shall be legal counsel to the code enforcement board.

(Ord. No. 94-8, § 1 (12.03.04), 10-5-94)

A.

Establishment and composition. A construction licensing board is hereby established, which shall consist of seven members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint three members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint two members and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years.

B.

Powers and duties. The functions, powers, and duties of the construction licensing board shall be as described in Okeechobee County Ordinance Number 93-3 as amended and articles VII and XI of this code.

(Ord. No. 94-8, § 1 (12.03.05), 10-5-94)

A.

Establishment and composition. An environmental control board is hereby established, which shall consist of five members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint two members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint one member and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years. The composition and representative membership of the environmental control board shall be as follows:

1.

One member shall be a lawyer (duly licensed to practice law in the State of Florida) recommended to the board by the Okeechobee County Bar Association.

2.

One member shall be a medical doctor (duly licensed in the State of Florida) recommended to the board by the Okeechobee County Medical Society.

3.

One member shall be an engineer (duly licensed in the State of Florida).

4.

Two members shall be citizens not in one of the three categories above.

B.

Powers and duties. The board shall have the following duties, functions, powers and responsibilities:

1.

To hear appeals by persons aggrieved by actions or decisions of the environmental control officer not already referred to the state attorney for criminal prosection; consider the facts material to such appeals, and render a decision promptly. Such decision may affirm, reverse, or modify the action or decision appealed from, provided that such decision shall not be in conflict with the provisions of this code.

2.

To conduct due process hearings into the merits of alleged violations of this code.

3.

To issue, after due process hearing, injunctive orders including orders providing for affirmative relief, against persons found to be in violation of this code.

4.

After due public hearing upholding a violation, to reach a decision setting forth such findings of fact and conclusions of law as are required in view of the issues presented. The decision shall contain an order which may be framed in the manner of a writ of injunction requiring the violator to conform with either or both of the following requirements:

(a)

To refrain from committing, creating, maintaining, or permitting the violation.

(b)

To take such affirmative action as the hearing board deems necessary and reasonable under the circumstances to correct such violation.

5.

To issue orders imposing civil penalties of up to $500.00 for each day of violation against persons found to have violated this code.

6.

To issue subpoenas to command the appearance of any person before a hearing at a specified time and place to be examined as a witness; such subpoenas may require such person to produce all books, papers, and documents in his possession or under his control, material to such hearings.

7.

To administer oaths to any or all persons who are to testify before the board.

8.

To assess attorney's fees against the violator, in favor of Okeechobee County.

9.

To adopt rules for the conduct of its hearings not inconsistent with the provisions of this code.

10.

The board shall adopt, revise, and amend from time to time appropriate rules necessary for the implementation and effective enforcement, administration, and interpretation of the provisions of this code, and shall provide for the effective and continuing control and regulation of the environment in the county within the framework of this code. When approved by the board and filed with the clerk of the board of county commissioners, and adopted as per the following, such rules shall have the force and effect of law.

(a)

Prior to the adoption, amendment, or repeal of any such rule, the board shall give public notice of its intended action, setting forth a short plain explanation of the purpose and effect of the proposed rule, and a summary of the proposed rule, and shall cite this code as specific legal authority under which its adoption is authorized. The notice shall contain the location where the text of the proposed rule can be obtained if such text is not included in the notice. Notice shall be given by the publication at least once, 15 days in advance, in a newspaper of general circulation in the county.

(b)

Any person regulated by the board or having a substantial interest in a board rule may petition the board to adopt, amend or repeal a rule. The petition shall specify the proposed rule and action requested. Not later than 30 calendar days after the date of filing a petition, the board shall initiate rule-making proceedings under this code, otherwise comply with requested action, or deny the petition with a written statement of its reasons for the denial. In addition, the board shall require from those proposing a rule or change a statement of the economic impact of the proposed rule on all persons affected by it.

(c)

The board shall keep a complete record of all rule-making proceedings. In such proceedings, the board may take notice of any material which may be judicially noticed without further proof thereof, and it shall provide that materials so recognized and any evidence presented shall be incorporated into the record of the proceedings. The board, in rule-making proceedings, shall not be bound by strict rules of evidence and procedure.

(d)

The board shall comply with the rules and procedures of the board of county commissioners unless other rules are adopted to govern proceedings.

(e)

The board, at the conclusion of the public hearing, shall adopt, reject or adopt as amended, a rule. Such rule shall be filed with the clerk of the board of county commissioners.

(f)

The proposed rule shall become effective 20 days after being filed or on a later date specified in the rule. After the notice required in paragraph (a) and prior to adoption, the board may withdraw the rule, and make such changes in the code or rule as are supported by the record of public hearings held on the rule and technical changes which do not affect the substance of the rule. Changes supported by the record of a hearing may include withdrawal of the rule in whole or in part. After a rule has been adopted, it may be repealed or amended only through regular rule-making procedures.

11.

The board may make continuing studies and periodic reports and recommendations for the improvements of environmental control in the county, and establish air, water and environmental quality standards in the county, and shall work in cooperation with the appropriate state and federal agencies interested in the field of environmental control.

12.

The board may adopt a seal and alter it.

13.

The board may perform such other duties, functions, and responsibilities as may become necessary to contribute to improvement in the control of the environment in Okeechobee County.

C.

Limitations. The board may not adopt or enforce any rule relating to:

1.

Agricultural operations in the growing, harvesting, or processing of crops and the raising of fowl or animals.

2.

Use of equipment in the performance of such agricultural operations.

3.

Barbecue equipment or outdoor fireplaces used for noncommercial purposes.

4.

Agricultural land clearing operations or agricultural land grading.

5.

Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families.

6.

Fires permitted by any public officer, board, council, or commission when such fire is set or permission given in the regular and authorized performance of duty of the officer, board, council, or commission for the purpose of weed abatement, the prevention or elimination of the fire hazard, or the instruction of employees in the methods of firefighting which is in the opinion of such officer, board, council, or commission necessary, or from fires set pursuant to permit for purpose of instruction of employees of private industrial concerns in methods of firefighting, or for civil defense instruction.

7.

The use of orchard or citrus grove heaters which do not produce unconsumed solid carbonaceous matter at a rate in excess of one gram per minute.

8.

Odors emanating from agricultural operations in the growing, harvesting, or processing of crops or raising of fowl or animals.

9.

Projects of the department of transportation.

10.

Water control districts as governed by the provision of F.S. ch. 298.

11.

Mosquito control districts.

(Ord. No. 94-8, § 1 (12.03.06), 10-5-94)

A.

Establishment and composition. A historic preservation board is hereby established, which shall consist of seven members to be appointed by the board of county commissioners, each for a term of three years. Prior to March 1, 1995, the board of county commissioners shall appoint two members who shall serve for a term of three years; shall appoint two members who shall serve for a term of two years; and shall appoint one member and an alternate who shall serve for a term of one year. Subsequent appointments or reappointments shall be for a term of three years. Until such time as the board of county commissioners specifically appoints historic preservation board members, the planning board shall discharge the duties described in this section.

B.

Powers and duties. The functions, powers, and duties of the historic preservation board shall be as described in article III of this code.

(Ord. No. 94-8, § 1 (12.03.07), 10-5-94)