§ 30-42. Board of zoning adjustment—Establishment, composition, etc.

(a)

Created; membership. As part of the zoning regulations, the board of county commissioners shall create a board of zoning adjustment to act in an advisory capacity to the board of county commissioners and shall appoint the members thereto. The board of zoning adjustment shall consist of seven (7) members; one (1) member to be appointed from each of the county commissioners' districts upon recommendation of the district commissioner and one (1) member to be appointed at large upon recommendation of the county chairman. 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 confirmation by the board, then 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.

(1)

The members of the board of zoning adjustment shall receive no salaries for their services thereon, but may receive mileage at the per-mile rate established by the county while on official business in the county and actual expenses when on official business outside the county, if funds are available for this purpose and such expenses are approved by the board of county commissioners.

(2)

In the discretion of the board of county commissioners, not more than two (2) members of the board of zoning adjustment may also be members of the planning and zoning commission.

(b)

Terms of office. The terms of office of members of the board of zoning adjustment shall be for two (2) years and 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; however, any such appointments shall continue to be effective until their successors are chosen.

A member of the board of zoning adjustment shall not serve for more than four (4) consecutive terms.

(c)

Removal from office. Any member of the zoning board of adjustment may be removed from office for failure to regularly attend the meeting of the board of zoning adjustment 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 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 board of zoning adjustment shall elect a chairman and vice-chairman from among its members, and may create and fill such other offices as it may determine. Terms of all officers shall be for one (1) year, with eligibility for reelection.

(f)

Quorum; voting. A quorum shall consist of four (4) 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.

(g)

Rules of procedure. The board of zoning adjustment shall adopt rules for the transaction of its business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. The rules of procedure shall provide that meetings shall be held at the call of the chairman and at such times as the board of zoning adjustment may determine. The chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of zoning adjustment shall be open to the public. The board of zoning adjustment shall keep minutes of its meetings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of zoning adjustment and shall be a public record.

(h)

Staff. The employed staff of the planning and zoning commission shall serve as the employed staff of the board of zoning adjustment.

(i)

Appropriations, fees; other income. The board of county commissioners is hereby authorized and empowered to make such appropriations as it may determine for salaries, fees and expenses necessary in the conduct of the work of the board of zoning adjustment, and also to establish a schedule of fees to be charged by the board of zoning adjustment. The board of zoning adjustment shall have the authority to expend all sums so appropriated and budgeted by the board of county commissioners for the activities authorized by this article.

(Code 1965, § 37-12; Laws of Fla. ch. 63-1716, § 12; Laws of Fla. ch. 74-550, § 1; Ord. No. 91-10, §§ 2, 3, 4-29-91; Ord. No. 92-21, § 15, 10-1-91; Ord. No. 93-09, § 2, 4-20-93; Ord. No. 98-02, § 4, 1-27-98; Ord. No. 2003-17, § 3, 11-11-03; Ord. No. 2009-03 , § 1, 2-17-09; Ord. No. 2015-05 , § 5, 6-2-15)

Charter reference

Board of zoning adjustment, § 502.

Cross reference

Boards, commissions, authorities, etc., § 2-136 et seq.