The city commission shall have the following powers and duties:

A.

To initiate and adopt amendments to the Sarasota City Plan.

B.

To initiate and adopt amendments to the text of the land development regulations.

C.

To initiate and adopt amendments to the zoning district map (rezonings).

D.

To approve or deny applications for major conditional uses.

E.

To approve or deny applications for development of regional impact (DRI) development orders.

F.

To approve or deny applications for development agreements.

G.

To approve or deny applications for vacations of streets and rights-of-way.

H.

To approve, with or without conditions or deny applications for site plan approval which are proffered as part of a rezoning application.

I.

To approve, with or without conditions or deny applications for site plan approval for property which is in the "G" zone district.

J.

To grant variances from the terms of these land development regulations pertaining to construction within the 150-foot waterfront yard setback for properties adjacent to the Gulf of Mexico required by section VII-1301.

K.

To grant waivers from the terms of these land development regulations pertaining to properties located in the government (G) zone district.

L.

To hear and decide appeals pertaining to final development approval decisions of the planning board and historic preservation board (minor conditional uses, site plans, and certificates of appropriateness).

M.

To designate historically significant structures and sites, archaeologically significant sites and historically and archaeologically significant districts.

N.

To impose conditions upon any land development approval granted by the city commission.

O.

To take testimony under oath.

P.

Such additional powers and duties as may be set forth in this chapter or provided by state law.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4505, § 3, 1-20-04; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 21-5346, § 3(Exh. A), 12-7-20; Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

A.

The city commission shall meet at such times as it may prescribe by resolution, provided it shall meet regularly not less than twice a month.

B.

A quorum for the transaction of business shall consist of three members.

C.

The affirmative vote of three members shall be necessary to take official action on development approvals. For purposes of these regulations, a tie vote shall be deemed a denial of the measure voted upon.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

A.

In addition to the general rules for conducting public hearings established in article IV of these regulations, the city commission may adopt by resolution rules of procedure that will govern quasi-judicial hearings and other rules of procedure deemed necessary to effectuate the purposes of these regulations. Such rules of procedure shall be available in a written form to persons appearing before the city commission and to the public.

B.

The city commission shall keep records of its proceedings, showing the vote of each member, or, if any member is absent or fails to vote, indicating such fact. All official actions of the city commission that relate to its responsibilities under the land development regulations shall be reduced to writing, all of which shall be a public record and be filed immediately in the office of the city auditor and clerk.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The planning board shall have the following powers and duties:

(1)

To initiate, review and recommend amendments to the Sarasota City Plan to the city commission.

(2)

To perform the functions, duties, powers and responsibilities of a local planning agency as set forth in F.S. ch. 163, and to determine whether specific proposed developments conform to the principles and requirements of the Sarasota City Plan.

(3)

To review and make recommendations to the city commission on applications for major conditional uses, development agreements, development of regional impact (DRI) development orders, street and right-of-way vacations, "G" zone waivers, site plans in G zone districts, site plans for properties within the downtown residential overlay district filed pursuant to section VI-906D, and rezonings.

(4)

To approve, with or without conditions, or deny applications for minor conditional uses.

(5)

To approve, with or without conditions, or deny applications for site plan approval, except as provided in article IV, division 19 of this zoning code and except for property which is in the G district.

(6)

To hear and decide appeals pertaining to denials of applications for temporary commercial activity permits.

(7)

To initiate, review, and recommend proposed amendments to the text of these land development regulations and the zoning district map (rezonings).

(8)

To take testimony under oath.

(9)

To review and determine whether the design and layout of specific proposed developments depicted on site plans processed separately, site plans proffered or processed simultaneously with rezonings, and site plans processed with major or minor conditional uses meet the purpose and intent of article VII, division 3.1 of the zoning code pertaining to tree protection and article IV, section 506 of the zoning code pertaining to standards of review of site plans.

(10)

To review and make recommendations to the city commission on proposed tree protection agreements in accordance with section VII-314(b) of the zoning code.

(11)

To hear and decide appeals of any written order, decision, determination, or interpretation of the director of neighborhood and development services pertaining to the downtown zone districts.

(12)

To hear and decide appeals from a decision of the director of neighborhood and development services pertaining to adjustments of certain development standards applicable within the downtown zone districts.

(13)

Such additional powers and duties may be set forth in this chapter or prescribed by state law.

(Ord. No. 02-4357, 4-29-02; Ord. No. 02-4401, § 6, 8-4-03; Ord. No. 03-4505, § 4, 1-20-04; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 04-4573, §§ 16, 21, 6-20-05; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 25-5583, § 2(Exh. A), 11-17-25)

(a)

Creation. The planning board shall consist of five members appointed by the city commission, each for a term of three years; provided that members serving on the board as of the date of adoption of these regulations shall serve until their term shall expire; provided, further, that all members shall serve until their successors are appointed and qualified. A sixth member of the planning board shall be appointed by the county school board (hereinafter "school board"), in accordance with F.S. § 163.3174(1).

(b)

Alternate member. The city commission shall appoint one alternate planning board member. It is preferred that the alternate planning board member have prior experience serving on the planning board. The alternate planning board member will replace one of the five planning board members appointed in accordance with subsection (a) above, on a case-by-case basis when:

(1)

A sitting planning board member is unable to participate because his or her private or personal interests are involved in a matter coming before the planning board; or

(2)

The sitting planning board member is unable to serve as a fair and impartial decision maker of a quasi-judicial matter that is before the planning board; or

(3)

Illness or unavailability results in an excused absence.

The sitting planning board member shall notify the secretary of the planning board (i.e., the director of development services) when he or she will be unable to participate. The alternate planning board member will be notified by the secretary of the planning board when his or her service will be required. The alternate planning board member will be appointed for a term of three years and shall serve until a successor alternate planning board member has been appointed by the city commission. The term "member" as used in this section, includes the alternate member.

(c)

Qualifications of members. Members of the planning board shall not hold any other public position or office in the government of the city. Members of the planning board shall be residents of the city, with the exception of the school board appointee.

(d)

Removal of members. Members of the planning board may be removed from office by the affirmative vote of three members of the city commission. The appointee of the school board may be removed from office by the city commission with the concurrence of the school board.

(e)

Vacancies. Vacancies in the planning board membership shall be filled by appointment by the city commission for the unexpired term of the member affected, with the exception of a vacancy of the appointee of the school board. A vacancy of the school board appointee shall be filled by appointment by the school board.

(f)

Compensation of members. Members of the planning board shall receive no salaries or fees for service on the board, but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their duties of office.

(g)

Conflicts of interest. If any member of the planning board shall find that his or her private or personal interests are involved in the matter coming before the board, he or she shall disqualify himself or herself from all participation in that matter. No current member of the planning board shall appear before the planning board as agent or attorney for an applicant for a development approval or any other interested person. No former member of the planning board shall appear before the planning board as agent or attorney for an applicant for a development approval or any other interested person for period of one year after leaving the planning board. No former member of the planning board shall appear before the historic preservation board, board of adjustment, planning board, or the city commission as agent or attorney for an applicant for a development approval or any other interested person with regard to any matter upon which the former member voted while seated as a member of the planning board.

(h)

Appointee of school board. The planning board member appointed by the school board shall be a non-voting member. The school board appointee shall participate in the review of comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The term "participate" for purposes of this section shall include the submission of written comments on the pending comprehensive plan amendments and rezonings or attendance at the subject planning board meeting or both. The participation by the school board appointee at planning board meetings shall not be a legal prerequisite to the planning board taking final action on a pending comprehensive plan amendment or rezoning. The school board appointee as a sixth non-voting member of the planning board shall not count toward the three-member quorum requirement of section III-203(c).

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 3, 1-21-03; Ord. No. 08-4799, § 2, 4-28-08; Ord. No. 21-5379, § 2(Exh. A), 11-15-21)

(a)

Meetings shall be held at the call of the chairman and at such other times as the planning board may determine. Special meetings shall not be held unless at least 24 hours' notice is given to each member.

(b)

Persons appearing before the planning board shall have no right of challenge of any board member, provided that this provision shall not prohibit any person appearing before the board from placing in the record a statement alleging bias and requesting disqualification for bias of any member.

(c)

A quorum for the transaction of business shall consist of three members.

(d)

The affirmative vote of three members of the board shall be necessary to take official action provided, however, any motion pertaining to a procedural matter such as continuances and time limits for speakers shall require a majority vote of the members present. In the event any motion pertaining to a petition or other quasi-judicial matter fails to achieve the affirmative vote of three board members, then such petition shall be automatically continued to the next regularly scheduled board meeting or a special meeting scheduled for such purpose. No petition or other quasi-judicial matter shall be automatically continued more than once. At the board meeting during which the continued petition is considered, if any motion pertaining to the petition or other quasi-judicial matter fails to achieve the affirmative vote of three board members, then such petition or other quasi-judicial matter shall be deemed denied.

(Ord. No. 02-4357, 4-29-02)

(a)

The planning board shall select a chairman and a vice-chairman from among its members and may create such other officers as it may determine necessary.

(b)

The planning board shall be provided with such professional assistance as may be deemed necessary to enable the board to perform the functions assigned to it under these land development regulations. The city manager shall provide a secretary for the board.

(Ord. No. 02-4357, 4-29-02)

(a)

The planning board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the city Charter, state law, these land development regulations and other pertinent city ordinances. Such rules of procedure shall be available in a written form to persons appearing before the board and to the public.

(b)

The planning board shall keep records of its proceedings, showing the vote of each member, including the chairman or vice-chairman, or, if any member is absent or fails to vote, indicating such fact.

(Ord. No. 02-4357, 4-29-02)

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

A.

To hear and decide appeals of any written order, decision, determination, or interpretation of the director of neighborhood and development services in the interpretation of this zoning code, except those regulations applicable to properties within the downtown zone districts. See section IV-1902(a).

B.

To hear and grant variances from the terms of the land development regulations. However, the board of adjustment shall not be authorized to grant variances from the terms of these land development regulations pertaining to the following:

1.

Properties located in the government use (G) zone district;

2.

Construction of docks in the marine park (MP) zone adjacent to G zoned property;

3.

The location or use requirements pertaining to adult use permits;

4.

Minimum building finished first floor elevations;

5.

Height bonuses as provided under section VI-503(l);

6.

Any standard pertaining to the downtown zone districts;

7.

Allowed uses;

8.

Maximum residential densities;

Exception: A minimum lot area variance and a minimum lot width variance may be granted for nonconforming zoning lots which are described in Section V-108(c).

9.

Maximum building height; or

10.

Maximum floor area ratio.

11.

Maximum building coverage on coastal islands (see Coastal Islands Overlay).

C.

To take testimony under oath.

D.

The board shall have the authority to affirm, reverse or modify the written decision or interpretation appealed from, so long as such action is in conformity with the terms of these land development regulations and to that end the board shall have the powers of the director of neighborhood and development services to make such order, requirement, decision or determination as may be required with regard to appeals.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4531, § 3, 6-7-04; Ord. No. 04-4573, § 17, 6-20-05; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 13-5062, § 2(att. 1), 7-15-13)

A.

Creation. The board of adjustment shall consist of five members to be appointed by the city commission, each for a term of three years; provided that members serving on the board as of the date of adoption of these regulations shall serve until their terms shall expire; provided, further, that members shall serve until their successors are appointed and qualified.

B.

Alternate member. The city commission shall appoint one alternate board of adjustment member. It is preferred that the alternate board of adjustment member have prior experience serving on the board of adjustment. The alternate board of adjustment member will replace one of the five board of adjustment members appointed in accordance with subsection (a), above, on a case-by-case basis when (1) a sitting board of adjustment member is unable to participate because his or her private or personal interests are involved in a matter coming before the board of adjustment, or (2) the sitting board of adjustment member is unable to serve as a fair and impartial decision maker of a quasi-judicial matter that is before the board of adjustment, or (3) illness or unavailability results in an excused absence. The sitting board of adjustment member shall notify the secretary of the board of adjustment (i.e. the director of development services) when he or she will be unable to participate. The alternate board of adjustment member will be notified by the secretary of the board of adjustment when his or her service will be required. The alternate board of adjustment member will be appointed for a term of three years and shall serve until a successor alternate board of adjustment member has been appointed by the city commission. The term "member" as used in this section includes the alternate member.

C.

Qualifications of members. Members of the board of adjustment shall not hold any other public position or office in the government of the city and shall be residents of the city.

D.

Removal of members. Members of the board of adjustment may be removed from office by the affirmative vote of three members of the city commission.

E.

Vacancies. Vacancies in board membership shall be filled by appointment by the city commission for the unexpired portion of the term of the member affected.

F.

Compensation of members. Members of the board of adjustment shall receive no salaries or fees for service on the board but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their duties of office.

G.

Conflicts of interest. If any member of the board of adjustment shall find that his or her private or personal interests are involved in the matter coming before the board, he or she shall disqualify himself or herself from all participation in that matter. No current member of the board of adjustment shall appear before the board of adjustment as agent or attorney for an applicant for a development approval or any other interested person. No former member of the board of adjustment shall appear before the board of adjustment as agent or attorney for an applicant for a variance or any other interested person for a period of one year after leaving the board of adjustment. No former member of the board of adjustment shall appear before the historic preservation board, board of adjustment, planning board, or the city commission as agent or attorney for an applicant for a development approval or any other interested person with regard to any matter upon which the former member voted while seated as a member of the board of adjustment.

(Ord. No. 02-4357, 4-29-02; Ord. No. 08-4799, § 2, 4-28-08; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 22-5396, § 2(Exh. A), 3-7-22)

A.

Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine, on a day to be determined by the board. Meetings that are not regularly scheduled shall not be held without at least 24 hours' notice to each member.

B.

Persons appearing before the board shall have no right of challenge of any board member, provided that this provision shall not prohibit any person appearing before the board from placing in the record a statement alleging bias and requesting disqualification for bias of any member or alternate member.

C.

A quorum for the transaction of business shall consist of three members.

D.

The affirmative vote of three members of the board is required to take final action on a petition for a variance or an administrative appeal. In the event any motion for a final decision on a petition for a variance or an appeal fails to achieve the affirmative vote of three board members, and no further action by the board to achieve three affirmative votes can be obtained, then such petition or appeal shall be automatically continued to the next regularly scheduled meeting or a special meeting scheduled for that purpose. No petition or appeal shall be automatically continued more than once. At the board meeting during which the continued petition or appeal is considered, if any motion for a final decision on the petition or appeal fails to achieve the affirmative vote of three board members, and no further action by the board to achieve three affirmative votes can be obtained, then the petition or appeal shall be referred to a special magistrate, established under article III, division 11, for a hearing de novo, as provided for in article IV, division 6, variances, and division 7, administrative appeals.

(Ord. No. 02-4357, 4-29-02; Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

A.

The board of adjustment shall select a chairman and vice-chairman from among its members and may create such other offices as it may determine necessary.

B.

The board of adjustment shall be provided with such professional assistance as may be deemed necessary to enable the board to perform the functions assigned to it under these land development regulations. The city manager shall provide a secretary for the board.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

A.

The board of adjustment shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the city Charter, state law and these land development regulations. Such rules of procedure shall be in written form and shall be available to persons appearing before the board and to the public.

B.

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member, including the chairman or vice-chairman, or, if such member is absent or fails to vote, indicating such fact.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The historic preservation board shall have the following powers and duties:

(1)

To recommend the designation of historically significant structures and sites and archaeologically significant sites.

(2)

To recommend the designation of historic and archaeological districts.

(3)

To grant, suspend or revoke certificates of appropriateness, except as provided for in section IV-808(a)(7) for historically designated structures, historic districts, historic signs, archeological sites and archeological districts.

(4)

To review and to act upon applications for moving permits for all structures that are:

a.

Designated as historically significant;

b.

Located outside the boundaries of a designated historic district when the proposed move would relocate the structure within the boundaries of a designated historic district; or

c.

Located within the boundaries of a designated historic district whether the proposed move would relocate the structure within the district or outside the district.

(5)

To maintain the Florida master site file of historic places for the city.

(6)

To propose and recommend to the city commission amendments to the historic preservation regulations.

(7)

To designate historically significant signs.

(8)

To take testimony under oath.

(9)

To promote public awareness of historic and archaeological preservation and its community benefits.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4515, § 7, 1-20-04; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 10-4927, § 2(att. 1), 2-22-11)

(a)

Creation. The historic preservation board shall consist of five members to be appointed by the city commission, each for a term of three years; provided that members serving on the board as of the date of adoption of these regulations shall serve until their terms shall expire; provided, further, that members shall serve until their successors are appointed and qualified.

(b)

Qualifications of members. Members of the historic preservation board shall not be city employees and shall not hold an elected public office in city government. At least three of the five members of the board shall be residents of the city or shall own property located within the city. Members of the historic preservation board shall have demonstrated an interest in historic preservation and shall, to the extent it is practical to do so, be chosen as follows:

(1)

One licensed architect from the local chapter of the American Institute of Architects, or one such licensed architect from the local chapter of the American Institute of Landscape Architects or the local chapter of the American Society of Landscape Architects.

(2)

One member who is a general or specialty contractor holding a current certificate of registration in accordance with Ordinance No. 82-2612 (Section 11-31 et seq., City of Sarasota Code of Ordinances), or one member who is a registered professional engineer in the state.

(3)

One member from the local finance or business community.

(4)

One member who is a practicing professional historian or archaeologist or who holds a degree in history, art history, or archaeology.

(5)

One member from the community at large.

(c)

Removal of members. Members of the board may be removed from office by the affirmative vote of three members of the city commission.

(d)

Vacancies. Vacancies in board membership shall be filled by appointment by the city commission for the unexpired portion of the term of the member affected.

(e)

Compensation of members. Members of the historic preservation board shall receive no salaries or fees for service on the board, but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their duties of office.

(f)

Conflicts of interest. If any member of the historic preservation board shall find that his private or personal interests are involved in the matter coming before the board, he shall disqualify himself from all participation in that case. No member of the historic preservation board shall appear before the historic preservation board as agent or attorney for any person or entity appearing before the historic preservation board.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 23-5485, § 2(Exh. A), 8-21-23)

(a)

All meetings of the historic preservation board shall be held at the call of the chairman and at such other times as the historic preservation board may determine, on a day to be determined by the board. Meetings that are not regularly scheduled shall not be held without at least 24 hours' notice to each member.

(b)

A quorum for the transaction of business shall consist of three members.

(c)

The affirmative vote of a majority of the board members present and voting is required to take official action. For purposes of these regulations, a tie vote shall be deemed a denial of the measure voted upon.

(Ord. No. 02-4357, 4-29-02; Ord. No. 23-5485, § 2(Exh. A), 8-21-23)

(a)

The historic preservation board shall elect its chairman and vice-chairman from members who have had prior service on the board. The chairman and vice-chairman shall be elected for a one-year term and may not serve consecutive terms in the same chairmanship position. The chairman shall be responsible for monitoring activities of the board and shall be available to attend scheduled meeting of the city commission to report on the activities and the concerns of the board.

(b)

The historic preservation board shall be provided with such professional assistance as may be deemed necessary to enable the board to perform the functions assigned to it under these land development regulations. The city manager shall provide a secretary for the board.

(Ord. No. 02-4357, 4-29-02; Ord. No. 08-4819, § 2(Att. 1), 7-21-08)

(a)

The historic preservation board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the city Charter, state law and these land development regulations. Such rules of procedure shall be in written form and shall be available to persons appearing before the board and to the public.

(b)

The board shall keep minutes of its proceedings, showing the vote of each member, including the chairman or vice-chairman, or, if such member is absent or fails to vote, indicating such fact.

(Ord. No. 02-4357, 4-29-02)

The public art committee shall have the following powers and duties:

(1)

To review and approve or disapprove proposals to provide public art or public works of art and make recommendations to the city commission.

(2)

To review and approve or disapprove proposals for the off-site location of public art in public places.

(3)

To provide comments and recommendations to the board of county commissioners as to proposed public art for public structures owned by the county located on governmental (G) zoned property in the community redevelopment area depicted on the community redevelopment plan adopted on September 22, 1986.

(4)

To advise the city commission regarding the acquisition, placement and display of works of art and specifically advise the city commission regarding the display of works of art to be placed on properties belonging to the city, after being requested to do so by the city commission on a case-by-case basis.

(5)

To confer with persons or organizations who have offered to donate or loan works of art to the city which may be placed on public property in an endeavor to increase the aesthetic appeal of such public sites and the city in general, after being requested to do so by the city commission on a case-by-case basis.

(6)

To make recommendations to the city commission regarding the expenditure of all monies from the public art fund.

(7)

To advise the city commission regarding all proposed city sponsored visual displays, after being requested to review a particular project by the city commission.

(Ord. No. 02-4357, 4-29-02; Ord. No. 23-5485, § 2(Exh. A), 8-21-23)

(a)

Creation. The public art committee shall consist of five members appointed by the city commission, each for a term of three years; plus one student youth representative from the Sarasota County STAR program, serving a term of one year, as provided in subsection (g) below and section 2-260.1, Sarasota City Code, provided that members serving on the committee as of the date of adoption of these regulations shall serve until their terms shall expire; provided, further, that members shall serve until their successors are appointed and qualified.

(b)

Qualifications of members. Members of the public art committee shall not be city employees and shall not hold an elected public office in city government. At least three committee members shall be residents of the city or shall own real property in the city. At least one committee member shall be an art expert. At least one committee member shall also be a member of a local arts organization. One member of the committee shall be an architect or planner. One member of the committee shall be artist; "artist", for the purposes of this division 5, shall mean a person who practices or has practiced and is skilled in the field of public art or public works of art as such terms are defined in this Zoning Code. One member of the committee shall be a student youth representative. All members of the public art committee shall be persons with knowledge of and appreciation for the visual arts.

(c)

Removal of members. Members of the public art committee may be removed from office by the affirmative vote of three members of the city commission.

(d)

Vacancies. Vacancies in the public art committee membership shall be filled by appointment by the city commission for the unexpired term of the member affected.

(e)

Compensation of members. Members of the public art committee shall receive no salaries or fees for service on the committee, but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their duties of office.

(f)

Conflicts of interest. If any member of the public art committee shall find that his private or personal interests are involved in the matter coming before the committee, he shall disqualify himself from all participation in that matter. No member of the public art committee shall have his or her work of art considered or approved by the public art committee during their term of service on the committee or for one year thereafter.

(g)

Student youth representative. The student youth representative on the committee shall be from the Sarasota County STAR program and appointed as provided in section 2-260.1, Sarasota City Code and shall serve for one or more terms as is provided for in section 2-260.1.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4514, § 2, 1-20-04; Ord. No. 19-5272, § 2(Exh. A), 5-6-19; Ord. No. 23-5485, § 2(Exh. A), 8-21-23)

(a)

Meetings shall be at the call of the chairman, provided the committee shall convene no less often than quarterly. Special meetings shall not be held without at least 24 hours' notice to each member.

(b)

A quorum for the transaction of business shall consist of three of the five non-STAR student members.

(c)

The affirmative vote of a majority of the committee members present and voting is required to take official action. For purposes of these regulations, a tie vote on any matter shall be deemed no action and the matter shall be submitted to the city commission for a final decision.

(Ord. No. 02-4357, 4-29-02; Ord. No. 19-5272, § 2(Exh. A), 5-6-19; Ord. No. 23-5485, § 2(Exh. A), 8-21-23)

(a)

The committee shall elect from among its members a chairman and a vice-chairman who shall serve for terms of one year.

(b)

The public art committee shall be provided with such professional assistance as may be deemed necessary to enable the board to perform the functions assigned to it under these land development regulations. The city manager shall provide a secretary for the board.

(Ord. No. 02-4357, 4-29-02)

(a)

The public art committee shall adopt rules of procedure to govern the conduct of its meetings which are consistent with the provisions of this article necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the city Charter, state law and these land development regulations. Such rules of procedure shall be in written form and shall be available to persons appearing before the committee and to the public.

(b)

The board shall keep minutes of its proceedings, showing the vote of each member, including the chairman or vice-chairman, or, if such member is absent or fails to vote, indicating such fact.

(Ord. No. 02-4357, 4-29-02)

The development review committee (DRC) shall consist of a representative from each of the following departments, as well as any additional members of the administration and any other governmental agencies whom the city manager may from time to time appoint to the committee:

(1)

Neighborhood and development services department.

(2)

Public works department.

The director of neighborhood and development services shall coordinate all applications for development approval reviewed by the DRC.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

A.

A representative of each department which is a member of the DRC will review the applications for development approval, street vacations, and zoning text amendments and prepare comments which address the application of all applicable codes and any other issues with the proposed development. The DRC shall meet as a group to consider the comments of each department.

(1)

The following applications shall be reviewed by the DRC.

a.

Site plans and administrative site plans if requested by the approving authority.

b.

Rezonings.

c.

Preliminary and final plats.

d.

Conditional uses.

e.

Development orders for developments of regional impact.

f.

Developments agreements.

g.

"G" zone waivers.

h.

Vacation of streets, rights-of-way, easements and other non-fee interests of the city.

i.

Zoning text amendments.

B.

The DRC may conduct preapplication meetings.

C.

The DRC may review any other applications for development approval that the city manager may request.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, §§ 18, 21, 6-20-05; Ord. No. 06-4663, § 2, 3-20-06; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The DRC shall meet on a regular basis to review all applications for development approval, street vacations, and zoning text amendments that have been determined to be complete. Such meetings shall be open to the public, but participation shall be limited to committee members, unless a member of the committee requests information of an applicant. At the conclusion of the DRC review, the neighborhood and development services department shall collect the comments of the other departments, and prepare a written staff analysis of the issues.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The neighborhood and development services department shall perform all zoning, building official, code compliance functions, planning functions, technical support and guidance for action applications for development approval, and shall perform such other functions as may be requested by the city manager. The director of neighborhood and development services shall coordinate all applications for development approval reviewed by the DRC.

(Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The director of neighborhood and development services shall be appointed by and serve at the pleasure of the city manager. There shall be a certified building official who shall perform the duties of a building official as prescribed by Florida Statutes, and who shall be appointed by and serve at the pleasure of the city manager.

(Ord. No. 09-4838, § 2(att. 1), 2-17-09)

In addition to the jurisdiction, authority and duties which may be conferred by other ordinances, the director of neighborhood and development services shall have the following jurisdiction, authority and duties:

A.

Act as the enforcing officer of these regulations and make, or cause to be made, periodic inspections of all work authorized by permits issued in accordance with these regulations, issue written notices of violations of these regulations, and take action necessary to ensure compliance with the provisions of these regulations.

B.

Review all applications for permits for the construction, enlargement, structural alteration, conversion, or relocation of any use, building, or structure, or any change in category of use of any building or structure.

C.

Unless otherwise specified in these regulations, the director of neighborhood and development services shall issue all permits and approvals required to be issued by this Code, and make and maintain records thereof, and shall perform such other duties as may be assigned by this Code, the city manager, or the city commission.

D.

Unless otherwise provided in these regulations, the director of neighborhood and development services shall make all determinations and issue all rulings and orders authorized herein or otherwise necessary in the interpretation and enforcement of this Code.

E.

Upon written request for an interpretation, the director of neighborhood and development services shall issue written interpretations of the zoning code. The request shall specifically identify the particular provision or regulation for which an interpretation is requested and shall further identify the real property and the proposed development or redevelopment thereon to which the interpretation will be applied. The director of neighborhood and development services shall forward the written interpretation to the person who requested the interpretation with a copy to the office of the city auditor and clerk. The office of the city auditor and clerk shall give written notice to property owners within 500 feet of the property identified in the request for interpretation and to those persons registered in the office of the city auditor and clerk to receive notice of applications for development approval.

F.

Sign preapplication conference letters of understanding in accordance with these regulations.

G.

Review and provide comments to the DRC on all applications for development approval which require review by the DRC.

H.

Collect the comments of the other DRC departments and prepare a written analysis of the issues raised by the application.

I.

Review and approve consolidation and boundary adjustment plats.

J.

Review and approve, approve with conditions or deny applications for limited administrative variances to certain development standards pertaining to historic resources in accord with [section] IV-601.A. of the zoning code.

K.

Approval of application for certificate of appropriateness for minor work as provided for in section IV-808(a)(6).

L.

Review and approve, approve with conditions or deny applications for adjustments to certain development standards pertaining to the downtown zone districts in accordance with section IV-903 of the zoning code.

M.

Review and approve, approve with conditions or deny all site plans pertaining to properties located in the downtown zone districts.

N.

Review and provide comments on the relationship of site plan applications governed by the City of Sarasota Advisory Community Design Guidelines (Appendix D).

O.

The director of neighborhood and development services shall be the official signatory for all certificates of concurrency issued in connection with development approvals that only require issuance of a building permit and/or a zoning approval and certificates of concurrency that result from development approvals that require planning board action.

P.

Coordinate all local, regional, state and other land development permitting processes affecting development approvals issued by the city.

Q.

Assist in the preparation and review of the Sarasota City Plan, any special area plans, these regulations, and any proposed amendments thereto.

R.

Review and evaluate all transportation issues for the city.

S.

Prepare zoning text amendments as may be directed by the city commission, planning board or city manager.

T.

Maintain the official zoning district map.

(Ord. No. 09-4838, § 2(att. 1), 2-17-09)

In addition to those powers and duties set forth in the city Charter, the city auditor and clerk shall perform certain functions relating to land development approvals, as more fully set forth herein.

(Ord. No. 02-4357, 4-29-02)

The city auditor and clerk shall be appointed by and serve at the pleasure of the city commission.

(Ord. No. 02-4357, 4-29-02)

In addition to the jurisdiction, authority and duties that may be conferred by other ordinances, the city auditor and clerk shall have the following jurisdiction, authority and duties:

(1)

Maintain a registration list of persons or organizations that wish to receive notices of development approval applications.

(2)

Receive all applications for development approval, except for building permits and administrative adjustments, review same for completeness and forward to DRC for review.

(3)

Receive fees associated with development approval applications, except for building permits and administrative adjustments, and administer the city's billable fee system.

(4)

Prepare and mail all notices required by these regulations.

(5)

Receive any appeals relating to development approval applications as set forth in these regulations and forward to the appropriate board.

(6)

Serve as the clerk to the city commission for all land development hearings, and record all official actions.

(7)

Maintain development approval files and other public records of all official actions taken by the department of planning and development with respect to the administration of these regulations.

(8)

Keep a current copy of the official zoning district map.

(Ord. No. 02-4357, 4-29-02; Ord. No. 04-4573, § 21, 6-20-05)

The staff of the department of public works, division of engineering and capital projects, shall perform the engineering functions for the city, shall provide technical support and guidance for action on applications for development approval, and shall perform such other functions as may be requested by the director of public works.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

The director of public works shall be the department head of the department of public works and shall be appointed by and serve at the pleasure of the city manager.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

In addition to the jurisdiction, authority and duties which may be conferred upon the city engineer by other ordinances, the city engineer shall have the following jurisdiction, authority and duties:

(1)

Review all development plans for compliance with the Engineering Design Criteria Manual, Sarasota City Code, state and local regulations; including review of right-of-way issues, storm drainage improvements, erosion control systems, street design, utilities, solid waste/recycling and providing comments to the DRC.

(2)

Review all final plat applications and easements.

(3)

Review and approve or deny preliminary plat applications.

(Ord. No. 02-4357, 4-29-02; Ord. No. 09-4838, § 2(att. 1), 2-17-09)

Each special magistrate shall have the following powers and duties:

A.

To hear and decide appeals of any written order, decision, determination, or interpretation of the director neighborhood and development services in the event final action on an appeal cannot be obtained by the board of adjustment as set forth in section III-303.D.

B.

To hear and grant variances from the terms of the land development regulations in the event final action on a petition for a variance cannot be obtained by the board of adjustment as set forth in section III-303.D. However, a special magistrate shall not be able to grant variances from the terms of these land development regulations pertaining to the following:

1.

Properties located in the government use (G) zone district;

2.

Construction of docks in the marine park (MP) zone adjacent to G-zoned property;

3.

The location or use requirements pertaining to adult use permits;

4.

Minimum building first floor elevations;

5.

Height bonuses as provided under section VI-503(l);

6.

Any standard pertaining to the downtown zone districts;

7.

Allowed uses;

8.

Maximum residential densities;

Exception: A minimum lot area variance and a minimum lot width variance may be granted for nonconforming zoning lots which are described in Section V-108(c);

9.

Maximum building height; or

10.

Maximum floor area ratio.

11.

Minimum zoning lot size and maximum building coverage on coastal islands (see Coastal Islands Overlay).

C.

To take testimony under oath.

D.

A special magistrate shall have the authority to affirm, reverse or modify the written decision or interpretation appealed from, so long as such action is in conformity with the terms of these land development regulations and to that end a special magistrate shall have the powers of the director of neighborhood and development services to make such order, requirement, decision or determination as may be required with regard to appeals.

(Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 09-4888, § 2(att. 1), 11-2-09; Ord. No. 13-5062, § 2(att. 1), 7-15-13)

The code enforcement special magistrate and alternate code enforcement special magistrate appointed by the city commission pursuant to section 2-306(c) of the City Code shall serve as special magistrate with those powers and duties as set forth in the land development regulations.

(Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09; Ord. No. 13-5062, § 2(att. 1), 7-15-13)

(a)

The rules of procedure adopted by the board of adjustment shall be applicable to all hearings heard by the special magistrate.

(b)

Special magistrates shall be provided with such professional assistance as may be deemed necessary to enable them to perform functions assigned to them under these land development regulations. The city manager shall provide a secretary for the special magistrates.

(c)

All hearings shall be recorded. Minutes of all proceedings shall be prepared by the secretary and approved by the special magistrate conducting the hearing.

(Ord. No. 03-4430, § 4, 1-21-03; Ord. No. 09-4838, § 2(att. 1), 2-17-09)