A planning and land development regulation commission is hereby created. It shall be referred to in this article as "the commission." The jurisdiction of the commission shall be throughout the unincorporated areas of Volusia County. It shall have the following membership, powers, duties, responsibilities and limitations:

(1)

Membership, place of residence, terms of office: Except as otherwise provided herein, the commission shall have seven voting members, each of which shall be an elector of the county. The county council shall appoint a board member upon the nomination of a council member for a term of two years ending on March 31 of odd-numbered years. Each district council member shall make one nomination of an elector within the member's district. The at-large member and the county chair shall each make one nomination of an elector within the unincorporated area of the county. At least five of the voting commission members shall reside in the unincorporated area of Volusia County. No elected official, appointed state, county or municipal officer holder, member of two or more other county boards or commissions, or employee of the county government shall be appointed to serve on the commission. In addition, the commission shall have two ex officio, nonvoting members:

a.

One ex officio member shall be appointed by the school board and shall attend those meetings at which the commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application; and

b.

A representative of a military installation shall serve as ex officio member to serve as a representative of all military installations within the county and shall attend those meetings at which the commission considers comprehensive plan amendments and changes to land development regulations which, if approved, would affect the intensity, density or use of the land adjacent to or in close proximity to a military installation.

Ex officio members shall not be considered for purposes of determining quorum.

(2)

Removal from office, vacancies: If any member fails to attend three meetings during any calendar year ending December 31, regardless of the reason, the member's seat shall be deemed vacant. Any voting member of the commission may be removed from office without cause by the county council. A board vacancy shall be filled upon nomination by the council member who shall have made the nomination to the vacated position or the successor to that council member. Appointments to fill any vacancy shall be for the remainder of the unexpired term.

(3)

Officers, employees: The commission shall elect a chairman, vice chairman and secretary from among its voting members. The department shall provide clerical and staff assistance.

(4)

Compensation: Each voting member shall be paid an expense allowance to be set by resolution of the county council.

(Ord. No. 85-27, §§ III—VI, 11-14-85; Ord. No. 86-16, § XLIX, 10-23-86; Ord. No. 87-25, § XXI, 9-10-87; Ord. No. 92-78, § I, 8-13-92; Ord. No. 94-4, § CXV, 5-5-94; Ord. No. 00-09, § II, 2-24-00; Ord. No. 2006-15, § I, 8-17-06; Ord. No. 2007-12, § I, 5-3-07; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-23, § I, 10-1-09; Ord. No. 2018-05, § XIV, 1-18-18)

(a)

The commission shall meet at regular monthly intervals, and at such other times as it may deem necessary, for the transaction of its business. It shall adopt written bylaws and keep a properly indexed public record of its resolutions, transactions, findings and recommendations. The commission may in its bylaws limit the number of new amendments or special exception applications which it shall hear each month. A quorum shall be four members. No recommendations for approval of any amendment to this section, amendment to the official zoning map, or special exception application may be made unless a majority of members present concur. No variance or special exception shall be granted, in whole or in part, unless four members concur. A tie vote shall be grounds for continuance to the next scheduled meeting.

(b)

Continuance of items to be approved by the commission. If the commission requires additional information to make a final determination on an item, then the commission may, on its own motion, continue a properly noticed, heard, and discussed variance to another date no more than four months after the initial hearing, unless force majeure or other extraordinary circumstances prevent the hearing of the item. Items that are not heard and only continued are not subject to this limitation on continuances. An applicant for a privately initiated application may agree to another continuance or a continuance for a longer period, which the commission may grant. The commission is not obligated to grant further continuances. Unless waived in writing by the applicant, the commission shall approve, approve with conditions, or deny the application within the timeframes provided in F.S. § 125.022(1).

(c)

Continuance of items to be approved by county council. If the commission requires additional information to make a recommendation to county council, then the commission may, on its own motion, continue a properly noticed, heard, and discussed comprehensive plan amendment, amendment to this chapter, amendment to the official zoning map, or special exception application one time to another date no more than three months after the initial hearing, unless force majeure or other extraordinary circumstances prevent the hearing of the item. Items that are not heard and only continued are not subject to this limitation on continuances. An applicant for a privately initiated application may agree to another continuance or a continuance for a longer period, which the commission may grant. If the commission is unable to provide a recommendation at the continued hearing, the item will be forwarded to the county council for final action without the commission's recommendation of approval or finding of consistency with the comprehensive plan; however, all previous discussions, evidence, and information presented will be made part of the record for the item and will be forwarded to county council.

(Ord. No. 85-27, § VIII, 11-14-85; Ord. No. 92-6, § LXXVII, 6-4-92; Ord. No. 95-17, § VI, 6-15-95; Ord. No. 98-25, § LIII, 12-17-98; Ord. No. 00-09, § III, 2-24-00; Ord. No. 02-10, § V, 4-18-02; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2018-05, § XV, 1-18-18; Ord. No. 2023-33, § II, 9-5-23; Ord. No. 2025-20, § XV, 8-18-25)

(a)

The commission shall hear applications from the county council, any department or agency of county government, or from any person (see definition of "person") for amendment or special exceptions to this section. If the proposed amendment or special exception relates to a specific area of land, it shall be heard only if it is presented by the person owning 51 percent or more of that land or upon an administrative application by the county council.

(b)

The commission is hereby designated as the local planning agency as required by F.S. §§ 163.3161 et seq. and 163.3174 of the Community Planning Act. It shall prepare, or cause to be prepared, the elements of the comprehensive plan required in F.S. 163.3177 and any other appropriate elements, and shall make recommendations regarding the comprehensive plan to the county council. It shall have the general responsibility for the conduct of the comprehensive planning program. It shall comply with all requirements of the Community Planning Act and shall monitor and oversee the effectiveness and status of the comprehensive plan, and recommend to the county council such changes in the comprehensive plan as may from time to time be required. It shall perform any other duties assigned by the county council, and may prepare and recommend to the county council any other proposals to implement the comprehensive plan. No recommendation for approval of any comprehensive plan amendment may occur unless four members concur.

(c)

As the local planning agency, the commission is hereby designated as the land development regulation commission in accordance with the provisions of F.S. §§ 163.3161 et seq. and 163.3194(2) of the Community Planning Act. The commission shall develop and recommend to the county council land development regulations which implement the comprehensive plan and review land development regulations which implement the comprehensive plan and review land development regulations or amendments thereto for consistency with the adopted plan.

(Ord. No. 85-27, § IX, 11-14-85; Ord. No. 86-16, § L, 10-23-86; Ord. No. 98-25, § LIV, 12-17-98; Ord. No. 00-09, § IV, 2-24-00; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2013-20, § V, 12-12-13)

(a)

An application for amendment of the official zoning map, submitted by any person or persons owning 51 percent or more of the subject land, shall be on a form supplied by the department, which shall be filed with said department, together with any applicable fees. The application shall include the following:

(1)

Current survey of the property prepared by a registered land surveyor licensed to practice in the State of Florida. The survey shall accurately reflect the current status of the parcel and shall have been completed within the past two years, or in lieu thereof a notarized statement from a title insurance company or attorney that a survey more than two years old continues to accurately reflect the current boundaries of the parcel.

(2)

Legal description of the property.

(3)

Notarized authorization of the owner if the applicant is other than the owner or the attorney for owner.

Provided, however, an application for an administrative amendment authorized by the county council shall be filed by the department. This application shall include a copy of the zoning map page depicting the property involved.

(b)

The department shall review the application. The department has three working days from the date the applicant submits the application to determine if it is complete and correct. If the application is found to be lacking any of the requested information or if the data and exhibits are inaccurate, it will not be considered "filed" for the purpose of processing, nor placed on the commission's agenda unless a sufficient application is submitted within three working days after the filing deadline date.

(c)

The department shall submit a written report containing its recommendations on each application to the commission and to the applicant at least one week prior to the meeting of the commission before which the application is to be heard unless an extension is granted by the county council.

(d)

The commission shall hold a public hearing on each application after due public notice, and forward its recommendation to the county council and to the applicant.

(e)

In its review of each application, the commission shall consider:

(1)

Whether it is consistent with all adopted elements of the comprehensive plan.

(2)

Its impact upon the environment or natural resources.

(3)

Its impact upon the economy of any affected area.

(4)

Notwithstanding the provisions of division 14 of the Land Development Code [article III], its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems.

(5)

Any changes in circumstances or conditions affecting the area.

(6)

Any mistakes in the original classification.

(7)

Its effect upon the use or value of the affected area.

(8)

Its impact upon the public health, welfare, safety or morals.

(f)

The county council shall hold a public hearing after due public notice on all recommendations from the commission. The county council shall consider those standards as contained in subsections (e)(1) through (8) in making its determination. It may accept, reject, modify, return or seek additional information on those recommendations. No approval of an amendment to the official zoning map shall be made unless, upon motion, four members of the county council concur. Amendments to said map shall be by resolution of the county council.

(Ord. No. 84-1, § LXIII, 3-8-84; Ord. No. 85-27, § X, 11-14-85; Ord. No. 86-16, § LI, 10-23-86; Ord. No. 87-14, § XXXIV, 6-18-87; Ord. No. 90-34, § 128, 9-27-90; Ord. No. 91-11, § XXXIV, 5-16-91; Ord. No. 94-4, § CXVI, 5-5-94; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2018-05, § XVI, 1-18-18)

The commission shall hear applications for such special exceptions as are specifically authorized under this article, in the following manner:

(1)

Provided, however, an application for a special exception authorized by the county council shall include a copy of the zoning map page depicting the property involved in lieu of a current survey. A written application for a special exception shall be submitted to the department, together with all applicable fees. The application shall include:

a.

Current survey of the property prepared by a registered land surveyor licensed to practice in the State of Florida. The survey shall accurately reflect the current status of the parcel and shall have been completed within the past two years, or in lieu thereof a notarized statement from a title insurance company or attorney that a survey more than two years old continues to accurately reflect the current boundaries of the parcel.

b.

Legal description of the property.

c.

Notarized authorization of the owner if the applicant is other than the owner or the attorney for owner.

d.

Any information or exhibits necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of this article. Such information or exhibits shall include site plans, which is a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

1.

Property lines, location and widths of all streets, alleys and easements.

2.

Proper dimensions on all fundamental features such as lots, buildings, parking spaces and landscaped areas.

3.

The location of setback lines, driveway openings and sidewalks.

4.

All proposed buildings, freestanding sign locations, parking areas and open spaces.

5.

All required landscaping, together with a description of type of material to be used.

6.

A cross section of any required or proposed screening.

7.

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.

8.

Name, address and telephone number of the proponent.

(2)

The department shall review the application. The department has three working days from the date the applicant submits the application to determine if it is complete and correct. If the application is found to be lacking any of the requested information or if the data and exhibits are inaccurate, it will not be considered "filed" for the purpose of processing, or placed on the commission's agenda unless a sufficient application is submitted within three working days after the filing deadline date.

(3)

The department shall submit a written report containing its recommendations on each application to the commission and to the applicant at least one week prior to the meeting of the commission before which the application is to be heard unless an extension is granted by the commission.

(4)

The commission shall hold a public hearing on each application after due public notice. The commission may accept, reject, modify, retain or seek additional information from the department. Except those special exception uses specifically designated as requiring county council approval, special exception uses may be approved by the commission. It may accept, reject, or modify the proposed use. No approval of a special exception shall be made unless, upon motion, four members of the commission concur. The commission will thereafter forward its decision to the applicant.

(5)

Where its approval is required and a recommendation from the commission has been supplied, the county council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return or seek additional information on those recommendations. No approval of a special exception shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant.

(6)

Conditions and safeguards. The commission may impose or recommend and the county council impose on the grant of any special exception any conditions or safeguards not otherwise required, if deemed necessary or desirable in furthering the purpose of this article. Violation of any such condition or safeguard shall be deemed a violation of this section and may result in a revocation of any special exception permit, in addition to any other remedy for such violation provided in this section or by law.

(7)

Reserved.

(8)

Reasons for denial. The commission may deny or recommend denial of any application for a special exception and the county council may deny any application for a special exception for one or more of the following reasons:

a.

It is inconsistent with the purpose or intent of this article.

b.

It is inconsistent with any element of the comprehensive plan.

c.

It will adversely affect the public interest.

d.

It does not meet the expressed requirements of the applicable special exception.

e.

The applicant will not be able to meet all requirements imposed by federal, state or local governments, or by the county council.

f.

Notwithstanding the provisions of division 14 of the Land Development Code [article III], it will generate undue traffic congestion.

g.

It will create a hazard or a public nuisance, or be dangerous to individuals or to the public.

h.

It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.

i.

It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

(9)

Preservation of special exception uses. Existing permitted uses on a particular premises which have become special exceptions under the terms of this section, and which are actually in use, without abandonment, on the effective date of this article, may be continued after the effective date of this article as if a special exception under this section has been expressly granted therefore [therefor], provided any owner of such premises files an affidavit with the zoning enforcement official on such forms as he shall prescribe, within one year after the effective date of this article, that legally describes the parcel, identifies the use, and establishes its existence on the effective date of this article. If no such affidavit is filed within the prescribed period, all other applicable provisions of this article shall govern.

(10)

Expiration or abandonment of special exception uses. If a special exception does not begin to serve the purpose for which it was granted within 12 months from the date of rendition, or if its use is abandoned for 12 consecutive months, it shall expire. Provided, however, that the county council may establish a shorter or longer period of time for a special exception to commence. In addition, the zoning enforcement official may extend the special exception for up to an additional 12-month period of time if the applicant can demonstrate that good-faith reliance has been ongoing to accomplish the approved special exception. Good-faith reliance may include, but is not limited to, the securing of any required permits from other governmental agencies/jurisdictions or the expenditure of substantial funds upon reliance of the approved special exception.

(11)

Amendments. Minor amendments not altering the intent and purposes of the approved special exception may be approved by the zoning enforcement official after such departmental comment as he deems appropriate. Amendments to an approved special exception which the zoning enforcement official deems to be major shall require the submittal of an application and compliance with the review procedures as set forth in this section and as otherwise provided in this article.

(Ord. No. 84-1, § LXIV, 3-8-84; Ord. No. 85-27, § XI, 11-14-85; Ord. No. 86-16, § LII, 10-23-86; Ord. No. 87-14, § XXXV, 6-18-87; Ord. No. 88-2, § XXXIII, 1-19-88; Ord. No. 90-34, § 129, 9-27-90; Ord. No. 92-6, § LXXVIII, 6-4-92; Ord. No. 94-4, § CXVII, 5-5-94; Ord. No. 95-17, § VII, 6-15-95; Ord. No. 98-25, § LV, 12-17-98; Ord. No. 00-05, § III, 3-9-00; Ord. No. 00-09, § V, 2-24-00; Ord. No. 02-10, § VI, 4-18-02; Ord. No. 2004-20, § VII, 12-16-04; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2018-05, § XVII, 1-18-18; Ord. No. 2025-20, § XVI, 8-18-25)

(a)

If it is alleged that the commission or county council, in making a final decision, has overlooked or misapprehended some facts or points of law, a rehearing of the decision may be granted by the commission or county council either on the motion of any member voting on the prevailing side, or on the motion of any person aggrieved by the decision. That motion shall be in writing, shall be filed with the zoning enforcement official within ten working days after rendition of the decision, and shall state its grounds.

(b)

The movant shall serve the motion by certified mail or hand delivery upon the chair of the body whose rehearing is sought, the county manager and all adjoining property owners previously notified of the hearing, together with a notice stating the date, time and place it will be orally presented to the commission or county council.

(c)

If the commission or county council grants the motion, it shall state its reasons for doing so, and set a date, time and place for another public hearing upon due public notice.

(d)

The commission or county council shall not otherwise rehear applications based upon the same facts or issues until at least one year has elapsed from the date of rendition unless at the time it denies an application, it shall do so without prejudice; and in that event the applicant may reapply at anytime thereafter.

(Ord. No. 82-20, § XIX, 12-9-82; Ord. No. 84-1, § LXV, 3-8-84; Ord. No. 86-16, § LIII, 10-23-86; Ord. No. 90-34, § 130, 9-27-90; Ord. No. 95-17, § VIII, 6-15-95; Ord. No. 02-10, § VII, 4-18-02; Ord. No. 2008-25, § II, 12-4-08)

Applications for amendment to this zoning ordinance under section 72-414, or for special exceptions under section 72-415, may be withdrawn by an applicant in the manner set forth as follows:

(1)

An applicant shall withdraw an application by filing a written notice of the withdrawal with the zoning enforcement official and sending a copy of such request for withdrawal by certified mail to all those individuals to whom the applicant was initially required to give notice by mail of his application (see subsection (2), below); provided, however, an applicant may withdraw an application orally only at the time of the commission or county council hearing, and such oral notice of withdrawal shall be sufficient public notice to all persons (see subsection (3), below).

(2)

When an application is withdrawn more than three days prior to the scheduled commission or county council hearing, as the case may be, excluding Sundays and holidays, the withdrawal shall be without prejudice to reapply within a one-year period provided for by section 72-416. In the event the application is withdrawn before the notice of public hearing is forwarded for publication by the zoning enforcement official, the applicant shall be entitled to a refund of all filing fees.

(3)

When an application is withdrawn at the time of the commission or county council hearing, as the case may be, or within three days prior thereto, excluding Sundays or holidays, the withdrawal shall be with prejudice to a further application based upon the same facts or issues within one year from the time of the withdrawal.

(4)

The county council may waive any of the requirements of this section for rezoning or special exception applications upon good cause shown by the applicant. The commission may waive any of the requirements of this section for variance or special exception applications upon good cause shown by the applicant.

(Ord. No. 82-20, § XX, 12-9-82; Ord. No. 85-27, § XII, 11-14-85; Ord. No. 90-34, § 131, 9-27-90; Ord. No. 95-17, § IX, 6-15-95; Ord. No. 02-10, § VIII, 4-18-02; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2025-20, § XVII, 8-18-25)