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Orange County |
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Code of Ordinances |
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Chapter 30. PLANNING AND DEVELOPMENT |
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Article II. PLANNING AND ZONING ENABLING LEGISLATION |
§ 30-34. Planning and zoning commission—Establishment, composition, etc.
(a)
Establishment and composition. The board of county commissioners is hereby empowered to establish a planning and zoning commission and appoint the members thereto to act in an advisory capacity to the board of county commissioners on planning and zoning in the county. The planning and zoning commission shall consist of ten (10) members, to be appointed in the following manner:
(1)
Six (6) members as follows: One (1) resident from each of the county commissioners' districts. Each district commissioner shall make the recommendation of an appointee from residents within the commissioner's district.
(2)
One (1) member to be appointed from the county at large. The county chairman shall make the recommendation of this appointee.
(3)
Two (2) members to be appointed at large from residents living within the county. The board of county commissioners and the county chairman shall submit the recommendation of these appointees.
(4)
One (1) nonvoting member to be appointed by the Orange County School Board to attend those meetings at which the planning and zoning commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application.
(5)
Each recommendation of an appointee shall take effect only if confirmed by vote of the board of county commissioners. If for any reason a recommendation fails to attain a confirmation by the board, a new recommendation shall be made by the same district commissioner or by the chairman, as appropriate. The new recommendation shall likewise require confirmation by the board.
(6)
Each such appointee shall be a resident of the county for at least the two (2) years immediately prior to his or her appointment.
(7)
Members of the planning and zoning commission shall not receive any pay for serving on the commission.
(b)
Terms of office. The terms of office of the planning and zoning commission members shall be for two (2) years; and the terms of the seven (7) members referenced in subsections (a)(1) and (a)(2) above shall expire at midnight of December thirty-first of even-numbered years, except that if a newly-elected county commissioner's or county chairman's recommendation is confirmed by the board of county commissioners prior to December thirty-first of an even-numbered year, the incumbent member's term shall expire, and the newly-appointed member's term shall begin as of the date of confirmation by the board of county commissioners; and terms of office of the two (2) "at-large" members referenced in subsection (a)(3) above and the school board's appointed member referenced in subsection (a)(4) above shall expire at midnight on December thirty-first of odd-numbered years; however, any such appointments shall continue to be effective until their successors are chosen.
A member of the planning and zoning commission shall not serve for more than four (4) consecutive terms.
(c)
Removal from office . Any member of the planning and zoning commission may be removed from office for failure to regularly attend the meetings of the commission without just cause, or for any other just cause, by a four-sevenths ( 4/7 )vote of the board of county commissioners; provided the member shall be entitled to a public hearing before such vote is taken.
(d)
Vacancies. Any vacancy occurring during the unexpired term of office of any member of the planning and zoning commission shall be filled by the board of county commissioners for the remainder of the term within thirty (30) days after the vacancy occurs.
(e)
Officers. The planning and zoning commission shall elect a chairman and vice-chairman from among the members of the commission. The planning and zoning commission may create and fill such other offices as it may determine. The terms of all offices shall be for one (1) year, with eligibility for reelection. In the absence of the chairman, the vice chairman shall preside and have the same powers and duties.
(f)
Quorum; voting. A quorum shall consist of five (5) voting members. Assuming a quorum exists at a meeting, a majority vote is necessary to pass a motion. For purposes of this subsection, the term "majority vote" means more than half of the votes cast by members entitled to vote, excluding abstentions. These same quorum and voting requirements shall apply to the local planning agency as well.
(g)
Meetings; rules of procedure. The planning and zoning commission shall hold regular monthly meetings open to the public at a time to be set by the planning and zoning commission; shall adopt rules for the transaction of its business; and shall keep a record of its resolutions, transactions, findings and determinations, attendance and voting records of its members, which record shall be a public record.
(h)
Staff. The board of county commissioners may employ, and discharge, such experts, inspectors, technicians, attorneys and staff as may be deemed proper, and pay their salaries and such other expenses as are necessary to conduct the work of the planning and zoning commission. The employees under the provisions of this article shall be under the control and supervision of the chief administrative official employed by the board of county commissioners and to be known as the planning and zoning director, and he shall make recommendations to the board of county commissioners for the employment or discharge of such employees. An additional administrative official, to be known as the county planner, may be employed under such chief administrative official to perform and supervise all planning functions provided for by this article.
(i)
Departments, officials. If only one (1) administrative official is designated to supervise all planning and zoning functions, his or her duties shall include all of the functions set forth in section 30-41. However, the board of county commissioners may establish separate planning and zoning divisions to carry out all planning and zoning functions and procedures provided for by this article. In such event, a zoning manager and a planning manager may be designated to supervise the respective divisions. Duties and responsibilities of such officials shall be as set forth in section 30-41, and any and all references in this article to the title "planning and zoning director" shall then refer to and include only the zoning manager. Furthermore, wherever in this Code, particularly in chapters 38, 30 and 31.5, the terms "manager of the zoning, division," "manager of the zoning department," and "zoning director" are referenced, those terms shall be deemed to be the term "zoning manager."
(Code 1965, § 37-4; Laws of Fla. ch. 63-1716, § 4; Laws of Fla. ch. 65-1999, § 2; Laws of Fla. ch. 67-1831, § 2; Laws of Fla. ch. 71-795, § 1; Ord. No. 91-11, §§ 2—4, 4-29-91; Ord. No. 91-21, § 14, 10-1-91; Ord. No. 93-09, § 1, 4-20-93; Ord. No. 94-3, § 1, 2-1-94; Ord. No. 2003-17, § 2, 11-11-03; Ord. No. 2009-03 , § 1, 2-17-09; Ord. No. 2015-05 , § 4, 6-2-15)