In addition to any authority granted to the village council by state law or by provisions of the Village Code, the village council shall have the powers and duties listed herein concerning this land development code. The village council's authority shall include, but not be limited to approval, approval with conditions or modifications or denial. Specifically, but without limitation, the village council shall have the authority to:

(a)

Take such action deemed desirable and necessary to implement the provisions of the land development code and the comprehensive development master plan, including acting as the local planning agency for the village under F.S. § 163.3174;

(b)

Adopt and amend the official zoning map in accordance with the procedures outlined herein;

(c)

Adopt amendments to the text of this land development code;

(d)

Review and approve applications for site plan approval for conditional uses;

(e)

Review and approve applications for conditional uses;

(f)

Review and approve applications for accessory uses;

(g)

Review and approve preliminary plats, and review and approve final plats before recording in accordance with the procedures of this land development code;

(h)

Hear and decide appeals from any decision of the zoning board;

(i)

Review applications for development approval for developments of regional impact (DRI) and to issue development orders therefore; and

(j)

Enter into development agreements; and

(k)

Review and approve variances for off-street parking and flood regulations.

(l)

Hear and decide appeals with regard to administrative interpretations or decisions.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14)

Pursuant to and in accordance with F.S. § 163.3174, the village council is established as the local planning agency for the village. The local planning agency shall have the powers and duties as provided in the referenced statute, including but not limited to:

(a)

Prepare and recommend to the village council amendments to the adopted comprehensive plan;

(b)

Monitor the effectiveness and status of the comprehensive plan; and

(c)

Review land development regulations and changes to the official zoning district map and make recommendations to the village council as to the consistency of the regulation or change with the adopted comprehensive plan.

(Ord. No. 2002-8, § 3, 11-13-02)

(a)

Establishment and composition. The zoning board is hereby established and shall consist of seven (7) members appointed as follows: each councilmember shall appoint one member; the village manager shall appoint one member; and the mayor shall appoint two members. The village manager's appointment and the mayor's second appointment shall be subject to ratification by a majority vote of the village council.

1.

Terms of appointments/reappointments. Appointments shall be on a yearly basis expiring on December 31 of each calendar year, with reappointment permissible for a maximum of four terms.

2.

Compensation. Members of the zoning board shall serve without compensation and shall not be reimbursed for travel, mileage or per diem expenses.

3.

Qualifications. Each member of the zoning board shall be a resident of the village eligible to vote in the village who has continuously resided within the village for the six-month period immediately prior to the appointment. A member shall not be an employee of the village. Any member who ceases to reside within the village limits during the term of office shall notify the village clerk of the change of residence from the village.

4.

Vacancies. If a vacancy occurs on the board, the person who initially appointed such member shall appoint a person to fill the vacancy. If the person who initially made such appointment is no longer holding office or position with the village, the person who succeeds to that office or position shall make such appointment.

5.

Removals. If a member of the board shall be absent from a duly called meeting of the board for three consecutive meetings, or if a member has three unexcused absences in a calendar year, such member shall be subject to removal as a member of the board by the village council.

(b)

Support services. The village attorney shall serve as legal adviser to the zoning board. The village manager shall ensure that the board is supplied competent staff to render technical assistance.

(c)

Rules of procedure. The zoning board shall adopt rules of procedure not inconsistent with the Village Code and state law and shall utilize the Scott, Foresmen Robert's Rules of Order, 1990 edition, for the rules of procedure and for the conduct of meetings of the board. In addition, the board shall be governed by the following rules and may create additional rules of procedure in accordance with bylaws adopted by the board.

1.

Officers. Members shall elect from the board's membership a chairperson and a vice-chairperson each January. If both the chairperson and the vice-chairperson are absent, the remaining members shall select one of their members to act as chairperson pro tem for the proceeding then occurring.

2.

Quorum. Four members shall constitute a quorum for the transaction of the board's business. The board shall take official action only upon the concurring majority vote of the members present at an official meeting of the board. Any tie vote shall not be considered as a negative determination.

3.

Rescheduling. In the event of a lack of quorum, the chairperson shall immediately schedule a new meeting date and time, to be held as soon as possible. The date and time of such rescheduled meeting shall be announced at the time of the originally scheduled meeting, and shall be posted on the bulletin board in the village hall. Any such notice shall constitute sufficient notice to any persons or adjacent property owners for whom notice of the meeting was required, and it shall not be necessary that notice of the rescheduled meeting be sent to any such persons or property owners.

4.

Deferral of action. If fewer than five members of the board are in attendance at any meeting, the applicant may request, before the commencement of the public hearing on this matter, a deferral of the matter to the next scheduled meeting.

5.

Meetings. The board shall meet when required by the administrative official. All meetings shall be public and notification of such meetings shall be in accordance with Village Code and state law.

6.

Record of proceedings. Minutes shall be kept by the village clerk or designee for all meetings and proceedings of the zoning board and shall include and state the vote of each member on each question. Each motion shall state the reason upon which it is made, such reason being based upon the prescribed best management principles and practices of planning and plan implementation.

7.

Staff report and recommendation. All matters brought before the board shall be accompanied by a staff report and recommendation.

8.

Standards of conduct. All members of the zoning board shall be subject to the standards of conduct for public officers and employees as set forth in section 7.2 of the Village Charter and other applicable laws, including the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance.

(d)

Responsibilities and duties. The zoning board is authorized to perform the following responsibilities and duties:

1.

Variances. The board is authorized to grant, deny, or grant with conditions, variances to setback lines, frontage requirements, height limitations, lot size restrictions, yard requirements, fences and walls, lot coverage, impervious surface ratio, open space, landscaping, and signs.

2.

Advisory actions. The board is authorized to act as an advisory body on matters of planning, land development and plan implementation functions as assigned to the board by a majority vote of the village council. Examples of such advisory responsibilities may include the following:

a.

Recommendations for amendments to the official zoning district map of the village, including zoning district classifications assigned to specific properties;

b.

Assisting the village manager and village attorney in the study of and proposed ordinances for potential land development code amendments for consideration by the village council; and

c.

Other planning, land development, and related plan implementation matters.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14)

The administrative official shall be the village manager or his designee, who shall provide technical support and advice for the preparation and implementation of the comprehensive master development plan and this land development code, and shall perform such other functions as requested by the village council and authorized by this land development code, and consistent with the Florida Building Code. Specifically, and without limitation, the administrative official shall have the following duties:

(a)

Prepare and provide application forms for the development approvals authorized by this land development code, and establish procedures for the processing of all applications, including setting required application filing deadlines to meet public hearing requirements;

(b)

Provide administrative interpretations of this land development code;

(c)

Conduct pre-application conferences with applicants for development approval as required by this land development code or as necessary or appropriate;

(d)

Review and approve building permits for permitted uses;

(e)

Review and approve applications for site plan approval for permitted uses;

(f)

Review and approve permits for moving a building or structure from one lot or premises to another;

(g)

Issue building permits for uses that have received necessary approvals by the village council or zoning board pursuant to this land development code;

(h)

Approve minor changes to approved site plans consistent with this land development code;

(i)

Issue plat approval for lot splits;

(j)

Prepare written orders of action by the zoning board regarding variance decisions;

(k)

Appeal zoning board decisions to the village council as he determines is appropriate;

(l)

Review and approve certificates of occupancy and certificates of use;

(m)

Prepare as necessary the record upon which each final decision of the village council pursuant to the land development code is based, for purposes of any appeal to the circuit court of the eleventh judicial circuit in and for the county;

(n)

Approve administrative (de minimus) variances; and

(o)

Approve sign permits.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14)