There is hereby created a Planning and Zoning Board (PZB) which shall consist of seven (7) members, and one (1) alternate member, to be selected by the City Commission and whose duties shall be set out hereinafter in this Article. Except for a Broward County School Board or any ex-officio member, the membership of the PZB shall consist of residents who have resided within the City for at least six (6) months prior to submission of an application for appointment to the board. The PZB, from its membership, will elect a chair and a vice-chair and each member shall serve without compensation.

(A)

The PZB shall perform the following duties:

(1)

Conduct hearings on proposals for changes to the official zoning map, vacations of public rights-of-way, and trafficway plan amendments, and report its findings and recommendations on such proposals to the City Commission;

(2)

Make recommendations on plats presented to the City Commission for approval;

(3)

Act as the Local Planning Agency (LPA) in carrying out the duties required of it pursuant to F.S. Chapter 163.

(4)

Serve as ex officio members of the Historic Preservation Board pursuant to Section 180-100 ULDR. By serving in such capacity, the duties and responsibilities of the PZB members serving on the Historic Preservation Board are in addition to and as part of the duties and responsibilities of the office as PZB members. It is intended that this ex officio designation imposing the duties of serving on the Historic Preservation Board upon PZB members shall not violate the dual office holding prohibition of Art. II, Sec. 5(a), Florida Constitution, and any authority granted to the Historic Preservation Board shall be interpreted consistent therewith.

(5)

To authorize conditional uses pursuant to Article 105, Conditional Uses.

(6)

To authorize variances pursuant to Article 120.

(7)

Perform such other duties as may from time to time be assigned to the PZB by the City Commission.

(B)

The PZB shall be charged with the review and approval of Payments In Lieu of Landscaping (PILL) and with major site plan applications. The PZB approval shall be final and is not advisory in nature, unless otherwise specified within the ULDR. Final decisions of the PZB regarding site plans may be appealed to the City Commission. All decisions shall be on an appropriate form in triplicate, so that the PZB shall keep one copy, one copy shall be forwarded to the City Clerk to become a public record, and one copy shall be forwarded to the applicant.

(Ord. No. 848, 10-14-03; Ord. No. 2021-001, § 11, 2-23-21; Ord. No. 2021-012, § 3[4], 10-12-21; Ord. No. 2023-006, § 2, 8-22-23)

(A)

The City Commission shall by resolution appoint four (4) members of the PZB to serve for a term of one (1) year, and shall appoint three (3) members of said Board to serve for a term of two (2) years and shall appoint one (1) alternate member to serve for a term of two (2) years; thereafter, as the respective terms of the members of said PZB expire, successive appointments will be made by resolution of the City Commission for terms of two (2) years each. In the event a vacancy is created in the unexpired term of office of a member, the alternate member shall automatically fill said vacancy for the remainder of the unexpired term.

(B)

Pursuant to F.S. Chapter 163.3174(1) as amended, the Local Planning Agency shall include a representative of the Broward County School District appointed by the Broward County School Board as a nonvoting member of the Local Planning Agency to attend those meetings at which the LPA considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application.

(Ord. No. 848, 10-14-03; Ord. No. 2023-006, § 2, 8-22-23)

If any regular member of the PZB shall miss three (3) consecutive regular meetings without being excused in advance by the Chairperson, or shall resign, then a vacancy shall be declared by the Chairperson of the PZB, and the remainder of the unexpired term created by the vacancy shall be filled by the alternate member.

In case of temporary absence or disqualification of any regular member of the PZB, the alternate shall serve as a substitute on the PZB during the continuance of such absence or disqualification; but no alternate shall serve in such capacity for a longer period than three (3) consecutive regular meetings. While serving, alternates shall have the same powers as regular members.

If any alternate member of the PZB shall miss three (3) consecutive regular meetings without being excused in advance by the Chairperson, shall automatically fill a vacancy for the unexpired term of a regular member, or shall resign, then a vacancy shall be declared by the Chairperson of the PZB, and the remainder of the unexpired term created by the vacancy shall be filled by the City Commission.

(Ord. No. 848, 10-14-03; Ord. No. 2023-006, § 2, 8-22-23)

The regular monthly meeting of the PZB shall be held on the Monday following the first Tuesday of each month in the City Hall at 7:00 p.m. In the event such date falls on an observed holiday, the Chairperson may designate another meeting date. On two (2) weeks notice, the Chairperson may designate other meetings or meeting times for the purpose of carrying out the PZB duties. The Chairperson may call special meetings at other times and at other locations provided the Secretary or Clerk notifies each member at least two (2) days in advance and notice is posted pursuant to Florida law, but no public hearings may be conducted at such special meetings unless adequate public notice of the hearing is provided pursuant to Article 70, Public Hearing Notice, and Florida Law.

(Ord. No. 877, § 2, 8-23-05; Ord. No. 2023-006, § 2, 8-22-23)

The City shall provide a PZB secretary, whose duties shall be to prepare and advertise the meeting agenda and individual agenda items for the PZB as required by law, attend the meetings of the PZB, directly take down and transcribe the official actions of the PZB, and keep the official minutes of the PZB. Minutes of the meetings shall be electronically recorded and preserved pursuant to state regulations and filed with the City Clerk.

(Ord. No. 848, 10-14-03; Ord. No. 2023-006, § 2, 8-22-23)

A quorum of the PZB shall be four (4) members, and a majority vote of a physical quorum then present shall be required for a decision on matters before the PZB. The alternate member may be included to establish a quorum.

(Ord. No. 2023-006, § 2, 8-22-23)

The Community Development Services Director shall serve as advisor to the PZB. The advisor shall provide the PZB with technical and background information as to items before the PZB for consideration.

(Ord. No. 2023-006, § 2, 8-22-23)

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.

(Ord. No. 2023-006, § 2, 8-22-23)

Any member of the PZB who is not present at a meeting shall be required to have recorded in the minutes of the next meeting the reason for absence. Any member whose absences are unexcused for at least twenty-five (25) percent of the meetings during a calendar year or for three (3) consecutive meetings, whichever occurs first, does thereby automatically resign the member's position on the board and the member's seat shall be filled as provided for in Section 130-030 ULDR. In the event that any member of the PZB serving in an ex officio status as a Historic Preservation Board member has absences that are unexcused for three (3) consecutive meetings of the Historic Preservation Board, that member automatically resigns from both the PZB and the Historic Preservation Board. After providing advance notification, the absence of any member shall be deemed excused under the following circumstances:

a.

When the member is performing an authorized alternative activity relating to outside board business that directly conflicts with the meeting;

b.

The death of a member's immediate family member, defined as a spouse, father, mother, brother, sister, stepparent, one who has stood in the place of a parent (in loco parentis), child, or stepchild of a member;

c.

The death of a member's domestic partner, or domestic partner's father, mother, brother, sister, stepparent, one who has stood in the place of a parent (in loco parentis) of a domestic partner, child, or stepchild of a domestic partner;

d.

The member's hospitalization or other type of illness that might be contagious;

e.

When the member is summoned to jury duty;

f.

When the member is issued a subpoena by a court of competent jurisdiction; or

g.

When the member is observing a religious holiday.

(Ord. No. 2016-007, § 6, 7-26-16; Ord. No. 2018-03, § 6, 2-13-18; Ord. No. 2021-001, § 12, 2-23-21; Ord. No. 2021-012, § 3[4], 10-12-21; Ord. No. 2023-006, § 2, 8-22-23)

The committee should be composed of representatives of the various City departments having a direct interest in new development. Membership of the committee shall be appointed by the City Manager. The committee may select one of its members to serve as chairman, who shall have the right to make such rules as are necessary for the orderly conduct of its meetings.

(A)

The committee, as to all proposed development applications, may make a statement to the PZB and City Commission assessing the adequacy of the proposal as to all City codes and ordinances. Such statements may be considered by both the PZB and the City Commission.

(B)

Each member of the committee may have the responsibility to recommend approval or disapproval of those aspects of the submitted application which come under his department's jurisdiction, based upon compliance with all applicable laws and regulations.

(Ord. No. 848, 10-14-03; Ord. No. 2014-007, § 3, 12-9-14)