This Code shall be administered by the Building Inspector for the City until a Zoning Official is specifically designated by the City Commission. Throughout this Code, "designated Zoning Official" shall mean the Building Inspector, or a zoning official subsequently designated by the City Commission. Except as otherwise provided in this Code, the designated Zoning Administrator shall:

A.

Administer and enforce this Code;

B.

Receive applications;

C.

Inspect premises for Code compliance;

D.

Issue permits and certifications;

No building permit or certificate of occupancy shall be issued by the designated Zoning Administrator except where compliance with the provisions of this Code have been met.

A.

Purpose. A Municipal Planning and Zoning Commission is hereby established for the purpose of interpretation of this Code, approving certain actions, receiving requests for modifications to this Code and re-zoning, and making recommendations to the City Commission concerning matters pertaining to zoning within the City.

B.

Administrative review and interpretations.

1.

The Planning and Zoning Commission shall review an administrative action of the designated Zoning Administrator when it is alleged that there is an error in the order, requirement, determination, or refusal made by the designated Zoning Administrator and reverse, affirm, or modify the administrative action.

2.

The Commission shall interpret this Code when the designated Zoning Administrator is in doubt as to the exact meaning of the text.

3.

The Commission shall interpret the Official Planning and Zoning District Map in accordance with the standards set forth in the Comprehensive Planning and Zoning Code when the designated Zoning Administrator is uncertain as to the exact boundary of a District shown on the Official Planning and Zoning District Map.

C.

Powers and duties.

1.

Recommend to the City Commission either approval, denial or modification of a request for annexation, special use permit, variance, subdivision, zoning, amendment of this Code, or any other land use consideration within the planning and zoning jurisdiction of the City.

2.

Grant final approval or denial of a home occupation or conditional use permit after public meeting, provided there is not an appeal to the City Commission within fifteen (15) days in accordance with Article 7 of this Code.

D.

Composition of the Planning and Zoning Commission. The Planning and Zoning Commission shall consist of five (5) members each to be appointed by a simple majority of the City Commission. Eligibility requirements for membership shall be established by the City Commission. Members shall serve staggered terms of two (2) years each. A recording secretary shall be provided to assist the Planning and Zoning Commission by the City. The recording secretary shall not be a member of the Planning and Zoning Commission and shall be only responsible for those duties requested by the Planning and Zoning Commission and approved by the City Manager.

E.

Organization of the Planning and Zoning Commission. The Planning and Zoning Commission shall elect a chairman, vice-chairman, and second vice-chairman in July of each year, or as required due to unforeseen vacancies. They shall serve for one (1) calendar year following their elections.

F.

Voting. A simple majority vote of a quorum of the Planning and Zoning Commission is required for approval of all Planning and Zoning Commission actions. A quorum requires at least three members of the Commission present.

In order for a vote to be valid on a particular issue, a quorum must actually vote regarding the measure. A member who abstains from voting on an issue is deemed to have not voted on the issue.

G.

Findings of facts for recommendations and decisions. In considering all requests, the Planning and Zoning Commission shall review applicable plans and determine whether the request will:

1.

Impair an adequate supply of light and air to adjacent property;

2.

Unreasonably increase the traffic in public streets;

3.

Increase the danger of fire or endanger the public safety;

4.

Deter the orderly and phased growth and development of the community;

5.

Unreasonably impair established property values within the surrounding area;

6.

In any other respect impair the public health, safety and general welfare of the City; or

7.

Constitute a spot zone and therefore adversely affect adjacent property values.

All actions or recommendations by the Planning and Zoning Commission shall be based on Findings of Facts as to the impacts of the proposal, using the criteria listed in numbers 1 through 7, above. The Planning and Zoning Commission shall review each of the above listed factors and accord each factor the necessary weight on a case-by-case basis in making its determination.

H.

Report to the City Commission. The Planning and Zoning Commission shall provide written minutes, with recommendations as necessary, to the City Commission on all matters that are brought before the Commission. Such minutes shall include a statement of the findings of facts that were the basis of any decision or recommendation made by the Planning and Zoning Commission.

The City Commission shall make all final decisions concerning amendments to this Code, original zoning, re-zoning, variances, appeals, and special use permits, and subdivisions.

All actions by the City Commission shall be based on and stated as a Findings of Facts of the impacts of the proposal, using the criteria listed in Section 1-2-2 H1 through 7, above. The City Commission shall review each of the above listed factors and accord each factor the necessary weight on a case-by-case basis in making its determination.