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

8.01.01. Establishment of position. There is hereby established the position of zoning director to be appointed by the mayor and ratified by the city commission.

8.01.02. Duties. The zoning director shall perform duties and responsibilities prescribed by this code, and shall possess the professional ability and experience deemed by the city to be adequate for the position.

Cross reference— Departments, officers and employees, § 2-111 et seq.

8.02.01. Establishment of position. There is hereby established the position of city planner to be appointed by the mayor and ratified by the city commission.

8.02.02. Duties. The city planner shall perform duties and responsibilities prescribed by this code, and shall possess the professional ability and experience deemed by the city to be adequate for the position.

Cross reference— Departments, officers and employees, § 2-111 et seq.

8.03.01. Authority. This section is enacted pursuant to and in accordance with the provisions of F.S. ch. 163, generally known as the Local Government Comprehensive Planning and Land Development Regulation Act.

8.03.02. Designation and establishment. Pursuant to and in accordance with F.S. § 163.3174, the city commission is hereby designated and established as the local planning agency for the incorporated territory of Sweetwater, Florida.

Cross reference— City commission, § 2-26 et seq.

8.03.03. Duties and responsibilities. The local planning agency, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. §§ 163.3161—163.3215, shall:

a.

Conduct the comprehensive planning program and prepare the comprehensive plan or elements or portions thereof for the city;

b.

Coordinate said comprehensive plan or elements or portions thereof with the comprehensive plans of other appropriate local governments in the state;

c.

Recommend said comprehensive plan or elements or portions thereof to the city commission for adoption; and

d.

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the city commission such changes in the comprehensive plan as may be required from time to time.

8.03.04. Organization, rules and procedures. Members of the local planning agency shall continue to be elected and follow such rules of procedure, method of choosing officers, setting of public meetings, providing of financial support, and accomplishing its duties as provided in the existing ordinances of the city.

8.03.05. Public meetings and records. All meetings of the local planning agency shall be public meetings, and all agency records shall be public records. The local planning agency shall encourage public participation.

8.03.06. Financial support. The city commission shall appropriate funds at its discretion for the local planning agency for expenses necessary in the conduct of its work. The local planning agency may, in order to accomplish the purpose and activities required by the Local Government Comprehensive Planning and Land Development Regulation Act, expend all sums so appropriated and other sums made available for use from fees, gifts, state of [or] federal grants, state or federal loans and other sources; provided, acceptance of loans or grants must be approved by the city commission.

State Law reference— Local planning agency, F.S. § 163.3174.

8.04.01. Creation. A planning and zoning board is hereby established, which shall consist of seven members.

8.04.02. Appointments; terms of office.

A.

Members of the planning and zoning board shall be residents and electors of the city who have resided within the city not less than two years, and be U.S. Citizens. Each member of the commission shall nominate one member of the planning and zoning board. Members shall serve a term not to exceed one year, or until their resignations are accepted and their successors appointed. Members of the planning and zoning board may be removed by a majority vote of the city commission.

All appointments to the planning and zoning board shall expire at the regular meeting of the city commission in June in each year. Nothwithstanding, members shall continue to serve in office until their successors are sworn.

Each member shall receive a stipend of $100.00 per meeting. Members shall receive no stipend for absences.

B.

Members of the planning and zoning board may be removed if they miss two consecutive meetings of the said board (regular or special meetings) and have not been excused prior to such meetings. The chair of the planning and zoning board shall have the authority to excuse members. Removal of members shall require a majority vote of the city commission after a hearing at which the member shall be granted an opportunity to be heard. Removal proceedings shall not be initiated against a member of the board until the commission member who appointed such board member shall have an opportunity to deal with the problem.

(Ord. No. 4038, Art. 1, 6-1-2015; Ord. No. 4870, § 2, 9-12-2022, eff. 9-25-2022)

8.04.03. Officers and procedure.

A.

A quorum of the planning and zoning board shall consist of a [at] least four members. At the initial meeting following their appointments, the city clerk shall convene the meeting and the board shall elect from among its members a chair who shall serve at the pleasure of the board. In the event the chair is absent or removed, and a quorum is present, the city clerk shall convene the meeting and the members of the board present shall appoint a chair pro tem, and if the chair has been removed, shall elect a new chair.

B.

The board, by resolution or motion, shall make recommendations to the city commission and shall be governed by the provisions of this section of the code, F.S. ch. 286 and financial disclosure provisions of F.S. ch. 112. The board may, by resolution, adopt procedures not in conflict with those provisions.

8.04.04. Responsibilities. The planning and zoning board shall have the following responsibilities:

1.

The planning and zoning board shall review and make advisory recommendations to the city commission for the following:

a.

Changes to the land development code text;

b.

Zoning districts boundaries;

c.

Changes to the comprehensive master plan.

2.

The board may grant the following:

a.

Non-use variances.

b.

Determinations of administrative interpretations of this code by city officials.

c.

Determine questions of zoning in the granting of occupational licenses.

3.

Such other matters as deemed appropriate by the city commission may be referred to and considered by the board.

8.04.05. Meetings. The planning and zoning board shall meet at least once each month on a date not in conflict with a regular or special meeting of the city commission. Meetings shall be scheduled upon the call of the chair or the city clerk. The regular monthly meetings of the board may be canceled by the chair and the city clerk if there is no business to be considered on the agenda for same.

8.04.06. Rules of procedure—Generally. The planning and zoning board shall adopt rules of procedure necessary to the conduct of their business provided that said procedures do not conflict with any requirements of this code. A quorum for the conduct of business shall not be less than four members.

8.04.07. Rules of procedure—Specific. The following specific procedures shall be followed in meetings of the planning and zoning board.

1.

All board meetings shall be open to the public.

2.

At the discretion of the chair, the zoning director and/or city planner may be required to attend meeting(s) as advisor and be permitted to propound questions, give evidence and make recommendations.

3.

No action shall be taken on any applications unless a quorum is present and only upon a majority vote of all members present and voting. No member shall be permitted to abstain from voting unless he or she has a conflict of interest as defined in accordance with F.S. ch. 112, as may be amended from time to time.

4.

Minutes shall be kept of all meetings and proceedings and shall include the vote of each member on each question, and the motion shall state the reason or reasons being based upon the prescribed guides and standards of good zoning and planning principles. If a member is absent or abstains from voting, the minutes shall so indicate. The minutes should reflect that all prerequisites for board action have occurred, including, where applicable, advertisements, notices and posting.

5.

The board shall keep accurate records of its minutes, which shall be filed with the city clerk, and the same shall be open for public inspection as [at] reasonable times and hours.

6.

All board decisions shall be by motion or resolution and roll call vote.

7.

If the matter before the planning and zoning board requires an affirmative vote greater than a majority of those members present to grant or recommend relief, then the applicant, if it is requested, shall be entitled to a continuance until a full seven-member board shall be present to consider the matter.

8.

If an applicant requests that a matter be considered at a special meeting of the planning and zoning board and the request is granted, the applicant shall be required to pay an additional administrative fee to the city of $250.00 before such special meeting is scheduled and noticed.

9.

In the event the planning and zoning board fails to achieve a quorum for a hearing to consider a matter previously scheduled and noticed to the public, the applicant may request the matter be considered and acted upon by the city commission at its next regular meeting.