(A)

In addition to any general authority granted to City Council by state law, Council shall have the following powers and duties:

(1)

To approve, approve with modifications or deny development orders for developments of regional impact (DRIs);

(2)

To enter into development agreements;

(3)

To execute final plats prior to recording;

(4)

To vacate and annul plats;

(5)

To adopt and amend the Comprehensive Plan after recommendation by the Planning Commission;

(6)

To initiate, review and adopt amendments to this code, after recommendation by the Planning Commission; and

(7)

To take such other action not delegated to the Planning Commission or other appointed citizen board as City Council may deem desirable and necessary to implement the provisions of these regulations and the Comprehensive Plan.

(B)

The Council shall act upon its powers and duties under this code by majority vote in regular or special session unless required by state statute to enact an ordinance.

It is the intent of City Council to designate certain citizen boards and to grant to these boards specific powers and duties under this code. This section describes general requirements for all boards appointed by City Council.

General requirements for membership for each of the citizen boards specified in this code are described below. In addition to these requirements, City Council may impose additional requirements for any specific board. All citizen boards created to administer this code shall be governed by the following provisions:

(A)

Each board shall have a minimum of five members and two alternate members;

(B)

One seat shall be designated to be appointed by each City Council member. Two alternate seats shall be appointed by a majority vote of City Council;

(C)

Members shall be residents of Zephyrhills at the time of and throughout the term of appointment;

(D)

City Council members and city employees are not eligible for board membership;

(E)

Initial appointments shall be made January 1 and be as follows:

(1)

Two members shall be appointed for a term of two years each by the two Council Members who have terms expiring in even numbered years;

(2)

Three members shall be appointed for a term of three years each by the three Council members who have terms expiring in odd numbered years;

(3)

Alternates shall be appointed for a term of two years; and

(4)

Appointments after the initial appointments shall be for terms of two years.

(F)

When a seat becomes vacant before the end of the term, the appointing City Council Member or successor shall appoint a substitute member for the remainder of the unexpired term of office;

(G)

A member whose term expires may continue to serve until a successor is appointed and takes office. Successors shall take office at the next regularly scheduled meeting of the Board;

(H)

If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the Board shall declare the member's seat vacant and notify City Council and the member;

(I)

Members may be removed without notice and without assignment of cause by a majority vote of City Council; and

(J)

Members shall not be compensated, but may be reimbursed for travel and other expenses incurred on Board business under procedures prescribed in advance by City Council.

(A)

Members of a board shall elect a chair and a vice-chair from among its members in January of each year. The chair shall be the presiding officer; the vice-chair shall preside in the absence or disqualification of the chair.

(B)

Officers shall preside for a period of one year, with eligibility for re-election for no more than two consecutive terms.

(C)

The board may create whatever additional offices or committees it deems needed to carry out the purposes of the board. The chair of the board shall annually appoint the membership of each committee from the members of the board.

(A)

The presence of three members or alternates shall constitute a quorum. All members sitting on any matter before the board shall vote.

(B)

Each recommendation or decision must be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.

(A)

Each board shall meet at least once each calendar month, unless cancelled by its chair and more often at the call of the chair or City Council. Called meetings shall be held only after adequate notice to each member and to the public in compliance with Florida law.

(B)

Each board shall keep minutes of its proceedings, indicating the attendance of each member and the decision on each question. The record shall also include resolutions, findings, determinations and other official acts. These records shall be public records and shall be kept on file by the City Clerk.

(A)

Each board shall adopt rules of procedures to carry out its purposes. All rules must conform to this code and state law.

(B)

City Council shall appropriate such funds as are necessary for each board to perform its prescribed functions.

(C)

The City Manager shall appoint a city employee or employees to serve as staff for each board and to provide services as board secretary.

The Planning Commission is hereby established for the purpose of advising City Council on issues related to planning and development. The Planning Commission shall serve as both the Local Planning Agency and the Land Development Regulation Commission described in F.S. § 163.3164. This Board is charged with the responsibility of reviewing the existing Comprehensive Plan and making recommendations to City Council, recommending appropriate planning and development policies and reviewing specified development proposals for conformance to the code. The Board is charged with final approval authority for specified types of proposals (refer to Article XI).

(A)

The Planning Commission shall have the following powers and duties:

(1)

To obtain and maintain information on population, property values, land use and other information necessary to assess the amount, direction and type of development to be expected;

(2)

To prepare, adopt and recommend to City Council for adoption of or amendment to a comprehensive and coordinated plan for meeting existing requirements and such future requirements as may be foreseen;

(3)

To establish principles and policies for guiding action affecting development in the city;

(4)

To prepare, adopt and recommend special studies on the location, adequacy and conditions of specific land use, including, for example, studies on industrial facilities, recreation, public and private utilities, the transportation system and environmentally sensitive areas; and

(5)

To perform such other duties as may be assigned or which may have bearing on the preparation or implementation of the Comprehensive Plan.

(B)

The Planning Commission has been designated as the Land Development Regulation Commission authorized under F.S. Ch. 163, Part II and shall be responsible for any functions and duties designated in the act. In addition, the Planning Commission shall have the following powers and duties:

(1)

To prepare, adopt and recommend to City Council for adoption of or amendment to a Land Development Code containing appropriate regulations for the implementation of the Comprehensive Plan and for promoting orderly development;

(2)

To determine and decide whether specific proposed development conforms to the objectives and policies of the Comprehensive Plan; and

(3)

To perform such other duties as may be assigned or which have bearing on the implementation of this code.

(C)

The Planning Commission shall have the following responsibilities:

(1)

To conduct such public hearings as may be required to gather information to render decisions or make recommendations to City Council; and

(2)

To keep City Council and the public informed and advised on matters delegated to the Planning Commission.

(D)

Alternates for the Planning Commission or for any duties for which they may be responsible (i.e., Local Planning Agency and Land Development Regulation Commission) shall be designated as Alternate I and Alternate II. Designation shall be based on seniority with the alternate having the longer continuous service on the Commission being designated as the Alternate I.

(1)

In the event of the absence of any member, Alternate I may vote on any issue before the Commission on behalf of the absent member.

(2)

In the event that Alternate I is also absent or two members of the Commission are absent, Alternate II may vote on any issue before the Commission.

(Ord. 851-03, passed 6-9-2003)

A Board of Adjustment is hereby established. Its purpose shall be to consider applications for special exceptions as prescribed by PART 2.02.00 of this code and to consider requests for variances as provided by Article XII of this code.

Reserved.

A Code Enforcement Board is hereby established, pursuant to F.S. Ch. 162, for the purpose of hearing and deciding alleged violations of this code. The Board shall not, however, have the authority to deviate or grant variances or waivers from the requirements of this code.

The Board shall have the following powers and duties:

(A)

To adopt rules for the conduct of its hearings;

(B)

To subpoena evidence, witnesses and alleged violators;

(C)

To take testimony under oath; and

(D)

To issue orders, having the force of law, commanding those actions necessary to bring a violation into compliance.

There is hereby created a board whose title shall be the "Zephyrhills Preservation Board" (hereinafter "Board"). The Board is hereby vested with the power, authority and jurisdiction to designate, regulate and administer historical, archaeological and architectural resources in Zephyrhills, as herein prescribed under the direct jurisdiction and legislative control of the City Council.

The Board shall consist of five members and two alternates. Each City Council member shall have the authority to appoint one member of his or her choosing to the Board. Members shall serve without compensation, but shall be reimbursed for actual expenses. In addition, the City Council may appoint a first and second alternate member to the Historic Preservation Board. Such alternates may participate in all authorized function of the Historic Preservation Board; provided, however, such alternates shall have no vote in the administrative or quasi-judicial determinations of the Historic Preservation Board, except in the temporary absence or disability of a regular member or members, or when such regular member or members shall be disqualified from voting in any particular case or cases.

(Ord. 1415-21, passed 5-10-2021)

The Board shall consist of a majority of city residents and persons owning a business registered in the city who shall have knowledge of historical or architectural development within the city or have a deep concern for preservation, development, and enhancement of the historical resources of the city. To the extent available in the community, the City Council shall appoint professional members from the disciplines of architecture, history, archaeology, real estate, building construction or other historic preservation related disciplines. Lay persons who have demonstrated special interest, experience or knowledge in history, architecture or related disciplines shall make up the balance of the Board.

(Ord. 1415-21, passed 5-10-2021)

Members shall serve three-year terms. In order to achieve staggered terms, initial appointments shall be: two members for two years; and three members for three years. Members may be re-appointed on the expiration of their term. Members shall continue in office until the appointment of a successor. Members appointed to fill a vacancy shall serve the remainder of the unexpired term. Initially, one alternate shall be appointed by City Council for two years and one alternate shall be appointed for three years. The Historic Preservation Board alternates shall be appointed prior to the annual installment in June at the beginning of the term.

(Ord. 1206-13, passed 6-10-2013; Ord. 1415-21, passed 5-10-2021)

Members of the Board shall elect officers from among the members to serve as Chairman and Vice Chairman for a period of one year, with election of officers being held at the first regular meeting of the year, with election of officers being held at the first regular meeting of the year.

Vacancies on the Board caused by the expiration of a term, resignation, removal, death or permanent absence from the city or by incapacity of a member, shall be filled by appointment within 60 days. An extension of up to an additional 60 days can be requested by a written request from the Board of the State Historic Preservation Officer.

Members may be removed from the Board only by a four-fifths vote of the entire membership of the City Council; however, whenever a member of the Board shall fail to attend two of three consecutive meetings, without cause and without prior approval of the Chairman, the Board shall declare the member's office vacant and petition the City Council for the appointment of a new member to fill the vacancy.

The Board shall make and prescribe such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of the ordinance codified in this article. The rules and regulations shall conform to the provisions of the ordinance codified in this article and shall govern and control procedures, hearings and actions of the Board. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations by the Board and the same has been approved by the City Council and filed with the City Clerk. Amendments shall be adopted in a like manner. Upon approval by the Council, the rules and regulations shall have the full force and effect of law within the city.

The Board may meet biweekly but shall meet at least four times per year. The Board may also hold special meetings as the Board may determine. All meetings of the Board shall be open to the public and minutes of each meeting shall be kept and made available to the public. No official action may be taken at any special meeting unless a majority of all members concur. Notice of meetings shall be publicly announced and have a previously advertised agenda. Three members shall constitute a quorum for the purposes of meetings and transacting business. No recommendations or formal action of the Board shall be taken without a majority vote of those voting and without the concurrence of at least two members. Failure to receive a majority vote of those voting and at least two affirmative votes shall act as a denial by the Board.

The city shall provide the Board with staff sufficient to undertake the requirements for certification of the state to carry out the duties and responsibilities delegated to certified local governments and the requirements of this ordinance. The City Attorney shall serve as legal counsel to the Board in all matters.

It shall be the responsibility of the Board to:

(A)

Conduct an ongoing historic survey and inventory of historically, culturally, archaeological or architecturally significant resources within the city and to plan for their preservation;

(B)

Designate to the City Council specific buildings, structures, sites, objects or districts to be designated by the ordinance codified in this article as historic properties or historic districts and listed on the local register of historic places;

(C)

Develop and publish design guidelines with periodic review and update. These guidelines shall include the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;

(D)

Review applications for certificate(s) of appropriateness and grant or deny same in accordance with the provisions of the ordinance codified in this article;

(E)

Conduct educational programs on historic properties located in the city and on general historic preservation activities;

(F)

Advise and assist property owners and other persons and groups or organizations on physical and financial aspects of preservation, renovation, rehabilitation of historic and cultural resources and to advise and assist property owners in securing available grant funding and in obtaining federal and state tax incentives;

(G)

Cooperate with and advise local, state and federal government concerning the effects of local government actions on historic and cultural resources;

(H)

Undertake the requirements for certification of the local preservation program by the state's Historic Preservation Officer;

(I)

Work with the state's Historic Preservation Officer on location nominations to the National Register of Historic Places pursuant to the certified local government program;

(J)

Enforce the ordinance codified in this article and take appropriate action for noncompliance; and

(K)

Make reasonable effort to attend the state's Historic Preservation Office Orientation Program and subsequent training programs for certified local governments and any informational or educational meetings, conferences or workshops pertaining to work and functions of the Board scheduled by the state's Historic Preservation Officer or the Florida Conference of Preservation Boards and Commissions.

(A)

The City Council delegates the authority and responsibility for the administration of this code to the City Manager in his or her capacity as chief executive officer of the city. The City Manager may delegate at his or her discretion the powers and duties of administering this code to other city officials in accordance with his or her general authority and the specific provisions of this code.

(B)

For the purpose of this part, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Administrator. Synonymous with the terms City Manager, Director of Development, Building Official, Director of Utilities, their designee or any other official designated by the City Manager or authorized by this code to perform specific duties.

(A)

The Director of Development is responsible for the functions of planning and development review, shall be the primary intake of development order applications.

(B)

The Director of Development or designee, shall have the following duties, responsibilities and powers:

(1)

To oversee the appropriate application of the provisions of this code, state and county laws as they pertain to planning and development in the city;

(2)

To ensure appropriate interdepartmental coordination regarding the review and approval of preliminary plans, plats and final development orders;

(3)

To provide City Council, Planning Commission and SPRC with reports and recommendations concerning applications and their compliance with standards and provisions of this code; and

(4)

To perform such other duties and functions as required by the provisions of this code.

The Director of Codes and Licenses is designated as the Building Official and shall have the following duties and powers:

(A)

To administer building and construction codes and the permitting process to ensure compliance with the codes;

(B)

To ensure compliance with such additional standards and requirement as shall be specified in this code regarding signs, swimming pools, storage buildings, fences, construction standards for accessory uses and buildings;

(C)

To ensure that conditions attached to final development orders shall be met prior to the certification of a building for occupancy; and

(D)

To perform such other duties and functions as required by the provisions of this code.

The city's Department of Utilities is hereby designated as the city agency responsible for the administration and enforcement of part 4.03.00 Wellfield Protection. The Utilities Superintendent shall have the following powers and duties:

(A)

Investigate complaints, study and observe ground water polluting conditions, make recommendations as to the institution of action necessary to abate nuisances caused by ground water pollution and as to recommend prosecution of any violation of this section of the Land Development Code;

(B)

Make appropriate surveys, tests and inspections of property, facilities, equipment and processes operating under the provisions of this code to determine whether the provisions of this code are being complied with and make recommendations for methods by which ground water pollution may be reduced or eliminated. Inspections shall be conducted in accordance with divisions (E), (F) and (G) of this section;

(C)

Maintain, review and supervise all operating records required to be filed with the city by persons operating facilities subject to the provisions of this code;

(D)

Render all possible assistance and technical advice to persons owning and/or operating regulated facilities, except that the Utilities Department and/or its employees shall not design facility systems for any person;

(E)

Any duly authorized representative of the Utilities Department may, at any reasonable time, enter and inspect for the purpose of ascertaining the state of compliance with this code, any property, premises or place, except a building which is used exclusively for a private residence, on or at which a regulated facility is located or is being constructed or installed or where records which are required under the ordinance codified herein are kept;

(F)

Any duly authorized representative may, at reasonable times, have access to and copy any records required under this code; inspect any monitoring equipment or method; sample for any hazardous material which the owner or operator of the source may be discharging or which may otherwise be located on or underlying the owner's or operator's property; and obtain any other information necessary to determine compliance with permit conditions or other requirements of this code; and

(G)

No person shall refuse reasonable entry or access to any authorized representative of the Utilities Department who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection. The owner or operator of the premises shall report, if requested, setting forth all facts found which relate to compliance status.

A Site Plan Review Committee (SPRC) is hereby established for the purpose of providing professional and technical review of all applications for development orders.

(A)

Membership of the SPRC shall include, but not be limited to, the director from each division or department named below. In addition, the City Manager may appoint such additional employees as may be required for a complete and appropriate review of applications for development orders.

(1)

City Manager.

(2)

Director of Development.

(3)

Building Official.

(4)

Public Works Director.

(5)

Director of Utilities.

(6)

Fire Chief.

(7)

Police Chief.

(B)

Additional members (ad hoc) may be required for consideration of proposals which may have interjurisdictional impacts or which require coordination with entities not represented above. At the request of the City Manager the additional members may be asked to participate in a particular issue.

(C)

The City Manager shall serve as Chair of the SPRC.

(A)

The SPRC shall have the responsibility to review and the authority to approve or deny applications for development proposals involving the types of applications prescribed in section 11.00.01 and Table 11.00.01 Type of Procedure by Development Option.

(B)

The SPRC shall have the responsibility to review and make recommendation to the Planning Commission or City Council as applicable, on the types of applications prescribed in section 11.00.01 and Table 11.00.01 Type of Procedure by Development Option.

(C)

The SPRC shall consider any action or decision referred to it by any of its members. In considering the action or decision, the SPRC may exercise the same authority and discretion afforded the referring administrative official.

(D)

The SPRC shall carry out such other duties as may be assigned to it from time to time.

(A)

Regular meetings of the SPRC shall be held at least once per week, at an established time and place. Additional meetings may be scheduled by the Chair.

(B)

Proposals to be reviewed at regular meetings shall be available to committee members at least two working days prior to the regularly scheduled meeting.

(C)

The Chair shall appoint an employee to be responsible for the following:

(1)

Serve as recording secretary, who shall be responsible for a record of the proceedings;

(2)

Prepare and distribute an agenda;

(3)

Distribute applications and proposals;

(4)

Notify applicants of the time and place for consideration of applications; and

(5)

Disseminate results of the meeting.

(D)

A quorum of four members shall be present for the conduct of business.

(E)

Voting shall be by consensus of the members. Denial or disapproval by any one member shall be sufficient for deferral, modification or recommendation for denial of an application. The Committee shall act on all matters brought before it for decision, either by approval, denial or recommendation to an appropriate authority.

(A)

The use of a Hearing Officer is hereby established to provide a means to hear appeals of land use and development decisions. A Hearing Officer may be a person retained as needed or may be obtained from the state's Division of Administrative Hearings as needed.

(B)

The use of a Hearing Officer to hear appeals is designed to accomplish the following purposes:

(1)

Provide a quick and efficient avenue of appeal for property owners and other persons affected by a decision;

(2)

Protect the integrity of the land development regulation system by minimizing the political content of decisions made under the code;

(3)

Minimize the undue consequences of unlawful, arbitrary and unreasonable ministerial and administrative decisions that would damage a property owner and create liability for the city, its employees and officials; and

(4)

Provide a less costly review process by minimizing court review of decisions.

A Hearing Officer shall have the following powers and duties:

(A)

To request briefs to be filed on behalf of any party and prescribe filing and service requirements;

(B)

To hear oral arguments on behalf of any party;

(C)

To adjourn, continue or grant extensions of time for compliance with rules for appeals, either on his or her own motion or upon application of a party, provided that no requirement of law is violated;

(D)

To dispose of procedural requests or similar matters including motions to amend and motions to consolidate; and

(E)

To keep a record of all persons requesting notice of the decision in each case.

(A)

No person who is or may become a party nor anyone appearing on behalf of a party shall communicate ex parte, i.e. outside a hearing, with a Hearing Officer concerning any application pending or proposed, provided, however, a Hearing Officer may consider requests regarding scheduling of hearings when made in writing.

(B)

A person who accepts an appointment as a Hearing Officer is, for a period of two years from the date of termination as a Hearing Officer, expressly prohibited from acting as agent or attorney in any proceeding, application or other matter before any commission, board, agent or officer of city/county government, involving property which was the subject of an application which was pending during the person's term as a Hearing Officer.

(C)

A Hearing Officer shall neither initiate not consider ex parte, i.e. outside a hearing, communications concerning a pending or impending proceeding. A Hearing Officer, however, may obtain the advice of a disinterested expert, other than another Hearing Officer, on law, planning or other subject applicable to a proceeding before him or her if he or she gives notice to the parties of the person consulted and the substance of the advice and affords the parties reasonable opportunity to respond.

The party which fails to prevail in an appeal to the Hearing Officer shall be liable for all direct cost incurred to resolve the dispute.