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HomeMy Public PortalAboutOrdinance 1766ORDINANCE: 1766 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, REPEALING AND REPLACING THE CURRENT CHAPTER 102 LAND USE REGULATIONS, ARTICLE II — ADMINISTRATION WITH A NEW LAND DEVELOPMENT CODE, CHAPTER 3, ADMINISTRATIVE PROCEDURES; PROVIDING FOR AUTHORITY; PROVIDING FOR REPEAL OF ALL CHAPTER 102 LAND USE REGULATIONS ARTICLES OR PARTS OF ARTICLES, ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENACTMENT OF THE NEW LAND DEVELOPMENT CODE 2020, CHAPTER 3 - ADMINISTRATIVE PROCEDURES; PROVIDING FOR COMPLIANCE WITH STATE OF FLORIDA STATUTE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this ordinance is Chapter 163, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — REPEAL AND REPLACE. This Ordinance will repeal all of Chapter 102 — Land Use Regulations, Article II. Administration. A new Land Development Code part of the City Charter will be created and Chapter 3 Administrative Procedures added. SECTION 3 — ENACTMENT. The new Chapter 3 Administrative Procedures of the Land Development Code will be enacted upon the effective date of this Ordinance. SECTION 4 — COMPLIANCE WITH STATE OF FLORIDA STATUTE. This Ordinance and the new Chapter 3 Administrative Procedures will be subject to all applicable State of Florida Statutes. SECTION 5 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 7 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Paae 151 of 278 PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF //L. CRESTVIEW, FLORIDA ON THE ATTEST: x„, ELIZM ETH M. ROY City Clerk APPROVED BY ME THIS B. WHITTEN Mayor DAY OF "-)z1-y, 2020. DAY OF , 2020. Paae 152 of 278 - LAND DEVELOPMENT CODE Chapter 3 - ADMINISTRATIVE PROCEDURES 3.01.00 PLANNING AND DEVELOPMENT BOARD Crestview, Florida, Land Development Code Created: 2021-10-26 15:50:02 [EST] Page 1 of 3 3.01.00 PLANNING AND DEVELOPMENT BOARD Pursuant to and in accordance with F.S. § 163.3174 and the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, the City Council finds that land use planning and a continuity of growth management within the City benefits the public's health, safety, and welfare. The City Council further finds that this public purpose can best be achieved by establishing the Planning and Development Board, which is established and designated as the Local Planning Agency (LPA) for the City of Crestview. 3.01.01 Powers and duties. A. Pursuant to and in accordance with F.S. § 163.3174 of the Local Government Comprehensive Planning and Land Development Regulation Act, the City Council finds that there is a public purpose in coordinating the planning of the City with the Okaloosa County School Board. B. The Planning and Development Board/Local Planning Agency (hereinafter Board or PDB) shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory methods and systems for resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Board to carry out functions and powers identified in this Land Development Code. 1. The Board shall use the power and authority conferred upon it by this Land Development Code (LDC) to further its stated public purposes. C. The Board shall receive and hear appeals in cases involving the LDC. D. The Board shall receive and hear applications for special exceptions/uses and variances to the terms of this LDC, and grant relief where authorized under this LDC. The Board shall also hear, determine and decide appeals, reviewable interpretations, applications or determinations made by an administrative official in the enforcement of this LDC, as provided herein. E. The Board shall have any other powers or duties delegated by the City Council. 3.01.02 Membership, vacancy, compensation. A. Membership. The Board shall consist of five core members. All members shall be residents of the City and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. Terms of office shall commence on the first day of March of the year in which appointed. B. Ex officio members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. C. Alternate members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of one year, or until a successor is appointed. Alternate members shall be residents of the City. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. When not substituting for an absent member(s), alternate members shall not vote on any matter, but may Created: 2021-10-26 15:50:02 [EST] Page 2 of 3 participate in all discussions in the same manner and to the same extent as the other members. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever a vacancy occurs on the Board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. D. Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. 1. In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. E. Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. 1. Alternate members may be allowed to miss up to five meetings in a 12-month period without justification. 2. In the event of an absence of any member, the Chairman of the Board shall determine if staff had any contact with the absent member providing the reason for the said absence. With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. F. Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. 3.01.03 Meetings, quorum, required vote. A. Meetings. The Board shall schedule and hold at least one public hearing each month unless there is no business to transact. The Board shall also meet at the call of the chairperson and other times as may be determined by a majority of the Board. B. Quorum. 1. Three voting members of the Board shall constitute a quorum for the transaction of business. A smaller number may act only to adjourn meetings for lack of a quorum. 2. The affirmative vote of a simple majority of the quorum shall be required to pass any action of the Board. 3. A member who is present shall vote unless disqualified. C. Officers. The Board shall annually elect a chairperson and a vice-chairperson from among its members. All officers shall be elected for one-year terms and shall be eligible for re-election. Created: 2021-10-26 15:50:02 [EST] Page 3 of 3 3.01.04 Staff, attorney. A. Staff. Community Development Services shall provide staff support as necessary to the planning functions of the Board, provide secretarial support for the Board in the execution of its duties, and record and transcribe in summary form, the minutes of all Board meetings. B. Staff shall keep minutes of all meetings and records of all transactions and deliberations. Such minutes and records shall be filed in the appropriate offices of the City and shall be public records. C. Attorney. The City Attorney shall serve as legal counsel to the Board. 3.01.05 Rules and records. A. The Board shall adopt its own rules of procedure as deemed necessary; provided such rules shall not be contrary to the spirit and intent of the Land Development Code, to the policies of the City, or to the requirements of the state. B. All meetings of the Board shall be open to the public. C. The Board shall set up rules of procedure to monitor and oversee the effectiveness and status of the Comprehensive Plan in order to make any recommendations to the City Council for revisions to the Comprehensive Plan, consistent with the intent and purpose of the Land Development Code.