(a)

The planning and zoning commission (Commission), set forth in section 5.11 of the Charter, shall consist of five members nominated by the mayor and appointed by the town council (Council) pursuant to town Charter section 12.

(b)

The planning and zoning commission shall serve as the local planning agency (LPA) as described under F.S. ch. 163, as may be amended from time to time.

(Code 2015, ch. 15, art. I, § 1; Ord. No. 2011-01, § 1, 3-9-2011)

(a)

The functions, powers, and duties of the commission shall include the power to identify the need for, and review proposals for, hold public hearings, and make recommendations to the town council for amendments to the town's comprehensive plan and land development regulations (LDRs).

(b)

The commission shall gather and maintain information and materials necessary for town planning including data and analysis, past and present conditions, trends and changes in conditions and expected population. Such information and material may include the following:

(1)

Maps and photographs of manmade and natural physical features of the area;

(2)

Statistics on past and present conditions with respect to population, property values, economic base, land uses and future trends; and

(3)

Obtain any other information concerning or relevant to town planning, including the amount and type of development within the town.

(c)

The commission shall hold at least one public hearing on any application to amend the description, text or map of the comprehensive plan generated by the town (town-generated) or by an applicant (applicant-generated) and submit a recommendation to the council for approval or denial or approval with conditions or changes.

(d)

The commission shall hold at least one public hearing on any town-generated or applicant-generated application to amend the description, text or map of the LDRs and submit a recommendation to the council for approval or denial or approval with conditions or changes.

(e)

The commission shall review and certify the zoning official (ZO) recommendation for all major developments and subdivision plats under article XVI of this LDC, to ensure the site plan complies with the plan before issuing construction permits or zoning certificates.

(1)

The council must act upon all major projects after commission certification before issuing construction permits or zoning certificates.

(2)

If voter referendum is also required, it shall occur after the council has acted upon the major development.

(f)

The commission shall coordinate with the board of adjustment (BOA) where the town code requires BOA approval for a variance, vested right, beneficial use or development.

(g)

The commission may, if desired, as part of its review of plan amendments or LDC amendments or major projects, request an applicant, staff or consulting expert conduct any special studies on the location, condition, and adequacy of proposed amendments, including the availability or levels of service regarding specific facilities in the area, including, but not limited to, housing needs, commercial and industrial uses, conditions and facilities, public and private utilities, traffic, transportation, parking, environmental resources or other planning factors. Review of town-generated application by professional experts shall be paid for by the town. Review of applicant-generated application by professional experts shall be paid for by the applicant unless the town specifically, voluntarily agrees to pay for a review of an applicant-generated application by professional experts.

(Code 2015, ch. 15, art. I, § 2; Ord. No. 2011-01, § 1, 3-9-2011)

(a)

The commission shall annually in March elect a chair and a vice-chair from among its members.

(b)

The town clerk shall keep a record of the proceedings, notify members, and post appropriate notices of meetings.

(c)

The commission shall meet when requested by the town clerk and may meet at other times as the chair may determine or commission may decide by motion and vote.

(d)

The commission may adopt procedural rules for the transaction of its business.

(e)

The town clerk shall keep a record of the commission's resolutions, transactions, findings, and determinations, which shall be subject to Florida's Public Records Act, F.S. ch. 119.

(f)

All meetings of the commission shall be held in accordance with Florida's Sunshine Act, F.S. ch. 286.

(Code 2015, ch. 15, art. I, § 3; Ord. No. 2011-01, § 1, 3-9-2011)

(a)

Members of the commission shall be appointed, pursuant to the town Charter section 12, for staggered terms of three years, and shall serve until the expiration of their terms, or until their successors are appointed after the expiration of their terms.

(b)

The council may remove any member for cause after written notice and public hearing.

(c)

Vacancies leaving an unexpired term are filled, pursuant to the town Charter section 12.

(Code 2015, ch. 15, art. I, § 4; Ord. No. 2011-01, § 1, 3-9-2011)

(a)

The commission, upon approval of the council, is hereby authorized and empowered to recommend appropriations for staff, salaries, fees, and expenses necessary in the conduct of the work of the commission and to recommendations to the town council for amendments to the schedule of fees charged by the town for applications heard by the commission.

(b)

To accomplish the purposes and activities authorized by this part, the commission, with the approval of the council, has the authority to expend all sums so appropriated and other sums made available for its use from fees, donations, state or federal grants, state, or federal loans, and other sources.

(c)

Acceptance of federal or state grants or loans must be approved by the town council.

(Code 2015, ch. 15, art. I, § 5; Ord. No. 2011-01, § 1, 3-9-2011)