The planning and zoning board shall consist of five (5) members. None of the members shall be employed by the city. The terms of office shall be staggered three two (2) year terms. Members shall be appointed by the mayor from among persons in a position to represent the general public interest and confirmed by a majority of the city commission. Three (3) of the seats of the planning and zoning board shall be filled by legal residents of the city, as defined in the City Charter. The remaining seats of the planning and zoning board shall be filled by legal residents of the city, as defined in the City Charter, or by persons who own at least a ten (10) percent ownership interest in a business which has a local business tax receipt which business is within the city, and which business owns real property within the City of Palmetto.

(Ord. No. 04-828, § 3, 12-6-04; Ord. No. 06-899, § 2, 8-21-06; Ord. No. 06-903, § 2, 11-20-06; Ord. No. 2010-06, § 2B., 8-16-10; Ord. No. 2023-14, § 2, 12-18-23)

Members of the planning and zoning board may be removed by the city commission where a majority of the members of the city commission feel that such action is in the best interest of the city. In case of vacancies occurring in membership, the city commission shall fill such vacancies within sixty (60) days. The person appointed by the city commission to fill a vacancy shall serve for the unexpired term of the original appointment.

(Ord. No. 04-828, § 3, 12-6-04; Ord. No. 06-899, § 2, 8-21-06)

(a)

Officers. The planning and zoning board shall elect a chair and a vice-chair from among its members. They shall serve for one-year terms.

(b)

Rules of procedure. The planning and zoning board shall adopt such additional rules as are necessary to conduct its affairs and in keeping with the provisions of this zoning code. The zoning administrator shall be the secretary to the planning and zoning board and shall be responsible for keeping the records of the board's actions, providing necessary background material, keeping a record of attendance, keeping a record of all official findings and determinations of the board, showing the vote of the members on each question requiring a vote or if absent or abstaining from voting, indicating such fact. The official actions of the planning and zoning board shall be a public record.

(c)

Meetings. The planning and zoning board shall meet on an as-needed basis. The board shall not transact any business at any regular or special meeting unless a quorum of three (3) members is present and every official action taken and every decision rendered by the board shall be approved by a majority of members present. If necessary, the board may continue or table any petition or case before it, provided such case be heard at a subsequent meeting not later than sixty (60) days after the meeting at which it was tabled.

(d)

Compensation. Members of the planning and zoning board shall receive no salaries.

(Ord. No. 04-828, § 3, 12-6-04; Ord. No. 06-899, § 2, 8-21-06; Ord. No. 2011-01, § 2, 2-28-11)

(a)

Planning. The planning and zoning board shall serve in an advisory capacity to the city commission with respect to planning functions such as review of applications for development, annexation, zoning and comprehensive plan amendment. In furtherance of its function as a recommending body, the board shall have the following powers and duties:

(1)

To make recommendations regarding the acquiring and maintaining in current form such basic information and materials as are necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions, all relating to development within the city. Such basic information and materials may include maps and photographs of manmade and natural physical features of the area concerned, statistics on past trends and present conditions with respect to population, 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 area and its various parts;

(2)

To recommend principles and policies for guiding development within the city;

(3)

To recommend whether specific proposed developments conform to the principles and requirements of the zoning code and the comprehensive plan;

(4)

To conduct public hearings and make recommendations to the city commission;

(5)

To keep the city commission informed an advised as to general planning matters;

(6)

To serve as the local planning agency for the city for the purposes of Chapter 163, Florida Statutes; and

(7)

To serve as the "tree board" for the city. In such capacity, the board shall have the following duties:

a.

Working with the city planning and public works director, preparing an annual community forestry work plan for consideration by the city commission, which shall address planting, watering and fertilizing of the trees, dead and hazardous tree removal, safety pruning, and insect and disease control;

b.

Working with the city planning director, preparing an ordinance which sets forth public tree policies for planting, maintenance and removal of trees and the recommended tree species to be planted; and

c.

Working with the city clerk, annually preparing a budget recommendation to implement the community forest work plan.

(b)

Variances.

(1)

The planning and zoning board shall hear and decide requests for variances from the provisions of the zoning code. The board shall approve, conditionally approve or deny applications for variances from the terms of the zoning code.

a.

The planning and zoning board may authorize, upon appeal from the decision of the zoning administrator, such variance from the terms of this zoning code as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this zoning code would result in unnecessary hardship.

b.

In granting any variance, the planning and zoning board may prescribe appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code and punishable as provided by this zoning code.

c.

Under no circumstances shall the planning and zoning board grant a variance to permit a use not generally or conditionally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this zoning code in said district.

d.

Nonconforming uses of neighboring lands, structures, or buildings in the same district and permitted use of lands, structures, or buildings in other districts shall not be considered grounds for the issuance of a variance.

(2)

A variance from the terms of the zoning code shall not be granted by the planning and zoning board unless and until:

a.

A written application for a variance is submitted to the zoning administrator demonstrating:

(i)

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

(ii)

That literal interpretation of the provisions of this zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this zoning code;

(iii)

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

(iv)

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

b.

A properly noticed public hearing has been held. Notice shall include:

(i)

Notice published in a newspaper of regular and general circulation in the city at least fifteen (15) days prior to the public hearing;

(ii)

Notice shall be posted in city hall at least fifteen (15) days prior to the public hearing;

(iii)

Notice shall be sent by regular mail to property owners, according to the latest ad valorem tax records, of every parcel of land within a distance of one hundred fifty (150) feet, excluding roads and streets, in all directions from the property line of the land upon which the applicant requests a variance; such notice shall be sent not less than fifteen (15) days prior to public hearing; and

(iv)

A sign shall be posted at least fifteen (15) days before the public hearing containing language as provided by the city.

c.

The planning and zoning board has made findings that the above notice requirements have been met.

d.

The planning and zoning board has made findings that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

e.

The planning and zoning board has made findings that the granting of the variance will be in harmony with the general purpose and intent of this zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(c)

Administrative appeals of decision of zoning administrator.

(1)

The planning and zoning board shall hear and decide appeals taken by any person aggrieved or by any officer or bureau of the city affected by any decision of the zoning administrator. Such appeals shall be taken within a reasonable time not to exceed sixty (60) days or such lesser period as may be provided by the rules of the planning and zoning board. Appeals shall be filed with the zoning administrator and shall specify the grounds for the appeal. The zoning administrator shall forthwith transmit to the planning and zoning board all papers constituting the record upon which the action appealed from was taken. The planning and zoning board shall fix a reasonable time for the hearing of the appeal, give proper public notice thereof, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or representative.

(2)

An appeal to the planning and zoning board stays all proceedings in furtherance of the action appealed from unless the zoning administrator, from whom the appeal is taken, certifies to the planning and zoning board after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in his/her 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 planning and zoning board or by a court of competent jurisdiction, on notice to the zoning administrator, from whom the appeal is taken, on due cause shown.

(d)

Appeals. Any person or persons aggrieved by a decision of the planning and zoning board shall have thirty (30) days from the date the planning and zoning board issues a written decision to apply for relief to the city commission on a form provided by the city planning department.

(Ord. No. 04-828, § 3, 12-6-04; Ord. No. 05-854, § 4, 5-16-05; Ord. No. 06-899, § 2, 8-21-06; Ord. No. 2010-06, § 2C., 8-16-10)