The following entities have authority to enforce certain provisions of this Unified Land Development Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

City commission. The city commission shall have final authority on the following matters:

1.

To adopt and amend the comprehensive plan, including land use districts shown on the land use map, after a review of the recommendations of the planning board;

2.

To adopt and amend the provisions of this Unified Land Development Code after a review of the recommendations of the planning board;

3.

To approve, deny, or conditionally approve development orders for development activities, after the review of city staff and upon the recommendation of the planning board;

4.

To approve the annexation of outlying areas into the city, and to assign land use designations to annexed areas;

5.

To vacate or abandon public ways, including rights-of-way and easements;

6.

To approve development agreements as specified in F.S. § 163.3223;

7.

Approve community redevelopment plans pursuant to F.S. § 163.360(5);

8.

To take any and all other final action not otherwise delegated to a board or to staff, which is deemed necessary and desirable to implement the provisions of this Unified Land Development Code.

B.

Planning board—General provisions. The functions, powers and duties of the planning board shall be as follows.

1.

Established. The planning board is hereby designated and established as the local planning agency, pursuant to and in accordance with F.S. ch. 163.

2.

Collection and maintenance of information. To acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work causing changes in these conditions. Such basic information and material may include maps and photographs of man-made 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.

3.

Comprehensive planning. To prepare and recommend to the city commission a comprehensive and coordinated general plan for meeting present requirements and such future requirements as may be foreseen. To prepare and recommend amendments to the Comprehensive Plan.

4.

Planning principles. To recommend to the city commission principles and policies for guiding action in the development of the area.

5.

Zoning regulations. To prepare and recommend for adoption to the city commission a zoning ordinance and map for its political jurisdiction, and to, from time to time, recommend amendments or supplements to the zoning regulations and districts adopted.

6.

Other regulations. To prepare and recommend to the city commission other ordinances and resolutions promoting orderly development along the lines indicated in the comprehensive plan for the growth and improvement of the area.

7.

Review of staff reports regarding proposed development. To determine whether the staff reports regarding a specific proposed development contain sufficient and appropriate findings of fact to determine the merits of a proposed development's compliance with the city comprehensive plan and Unified Land Development Code.

8.

Public hearings. To conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the comprehensive plan, and such additional public hearings as deemed necessary.

9.

Facility studies. To make, cause to be made or obtain special studies on the location, condition and adequacy of specific facilities of the area. These may include, but are not limited to, studies on housing, commercial and industrial conditions and facilities, parks, playgrounds and other recreational facilities, public and private utilities, and traffic, transportation, and parking.

10.

Dissemination of information. To keep the governing body and the general public informed and advised as to the foregoing matters.

11.

Variances and conditional use permits. The planning board shall have the duty and power to grant variances and conditional use permits and hear and decide appeals as provided for in this chapter.

12.

Other duties. To perform any other duties which may be lawfully assigned to it by the city commission.

C.

Planning board—Other provisions.

1.

Membership number. The planning board shall consist of five members, who shall be residents of the City of Panama City, Florida, as now or hereinafter defined, appointed by the city commission of the city. All board members shall serve terms of two years, with eligibility of reappointment. In addition, the planning board shall have a representative of the school board and the Naval Base as non-voting ex-officio members.

2.

Removal. Members of each board shall serve at the pleasure of the city commission and without compensation for services rendered. Any member may be removed by the city commission with or without cause. In the event any member is no longer a resident or is convicted of a felony or an offense involving moral turpitude, the city commission shall terminate the appointment of such person as a board member. Should any member fail to attend three consecutive, duly called meetings of the board, such member's appointment to the board shall be subject to termination by the city commission. The planning director shall give notice of the nonattendance of a member to the city manager. Any vacancy in membership shall be filled for the unexpired term by the city commission.

3.

Presiding member. Annually, the planning board shall each elect a chairperson and a vice-chairperson from among the respective members of each board, and may create such other offices as necessary for the conduct of its affairs. The board shall also appoint a secretary, who may be an officer or employee of the city, but not a board member. The presiding officer of the board shall be in charge of all proceedings before the board, and shall take such action as necessary to preserve order and integrity of all proceedings.

4.

Funding. The city commission shall appropriate funds, at its discretion, to cover the fees and expenses necessary to discharge the functions of the planning board. In addition, the city commission may establish, by resolution, a schedule of fees to be charged for petitions to the board. Subject to the fiscal practices of the city, the board may expend all sums appropriated and other sums available to it from fees, gifts, grants, or other sources, upon approval by the city commission.

5.

Quorum and procedure. No meeting of the planning board may be called to order, nor may any business be transacted by such board without a quorum of at least three members being present. The chairperson of the board shall be considered and counted as a member and shall vote upon all actions requiring approval. The chairperson of the board may introduce any motion for action before the board. The board shall adopt rules for the transaction of its business and shall keep a record of its activities.

The concurring vote of at least three members shall be necessary to make a favorable recommendation to the city commission regarding comprehensive plan amendments, revisions to this Unified Land Development Code, and development orders. All other actions shall require the concurring vote of a majority of the members present at a meeting having a quorum

6.

Public meetings. All meetings of the planning board shall be public meetings, and public participation shall be encouraged in all matters before the board. Meetings will be conducted at City Hall unless otherwise specified by the city commission. The board may establish a schedule for regularly held meetings and shall provide public notice thereof prior to any meeting.

D.

Planning director.

1.

The planning director is responsible for the receipt, review and processing of all applications for rezoning, special use approval, project approval of preliminary subdivision plats and site plans, approval of final subdivision plats, text amendments, and for applications for all permits required by this Code.

2.

The planning director is responsible for all administrative activities related to the use or occupancy of land and buildings under this Development Code.

3.

The planning director serves as the administrative staff person to the planning board and chairs the technical review committee (TRC).

4.

The planning director interprets the city's Unified Land Development Code and the city's comprehensive plan for the city.

E.

Building department.

1.

The building official/inspector is hereby authorized, empowered and directed to regulate, determine and inspect any construction for compliance with all the State of Florida Building Regulations. Whenever in his opinion, by reason of defective or illegal work in violation of a provision of these regulations and/or the Florida Building Codes, the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the conditions in violation have been remedied.

2.

The building official/inspector may employ inspectors who are qualified by their knowledge, training and experience to make inspections and examinations. The inspectors shall have the right to inspect anything covered by the Florida Building Regulations at such times as it may be deemed necessary to protect the public health and welfare.

3.

The building official/inspector shall conduct all plans review and issue all building permits and certificates provided for by and in conformity with the provisions of this Code, upon payment of fees.

F.

Code enforcement officer(s).

1.

A code enforcement officer is authorized to issue a citation to any person who, based upon personal investigation, the officer has reasonable cause to believe has committed a civil infraction in violation of the Unified Land Development Code.

2.

Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of the Code and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 60 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the specified time period, a citation may be issued to the person who has committed the violation. However, a reasonable time period to correct a violation prior to issuing a citation is not required if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

G.

Naval Support Activity Panama City.

1.

The Naval Support Activity Panama City is responsible for jointly monitoring all development activity within the city's Military Influence Overlay District (MIOD) to ensure that it complies with the city's MIOD, as addressed in section 104-65 of this ULDC.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3142, § 1, 4-11-2023)