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Planning & Zoning Board - 04-20-2009 EXHIBIT "A" CITY OF EDGEW A TER PLANNING AND ZONING BOARD BY-LA WS ARTICLE I: Official Name The official name of this Board shall be the Planning and Zoning Board of the City of Edgewater, FL, hereinafter referred to as "P & Z Board". ARTICLE II: Purpose and Intent The purpose and intent of these By-Laws is to set forth a uniform set of procedures whereby the City of Edgewater Planning and Zoning Board may regulate the manner in which it elects officers, conducts meetings and otherwise carries out its functions. The By-Laws will serve as a guideline in handling all affairs pertaining to the Edgewater Panning and Zoning Board. ARTICLE III: Membership A. Voting Members and Appointments I. The P&Z Board shall have seven (7) voting members, each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by City Council. The terms of appointment shall be staggered. 2. A quorum shall consist of five (5) members. All recommendations and actions of the Board shall require the affirmative vote of a majority of the members present. 3. Prior to appointments, prospective members shall submit a City application, stating therein a brief synopsis of their education, experience and reason for their interest in serving on the P&Z Board. 4. To be eligible for appointment, a prospective member shall be a resident of the City of Edgewater. 5. No member of the P&Z Board shall receive compensation for their service, provided, however, that members may be reimbursed for out-of-pocket expenses as approved by the City. 6. One (1) non-voting member shall be appointed by the Volusia County School Board per Florida Statute Section 163.3174(i). The member shall serve without compensation from the City and shall be exempt from residency and attendance requirements. The school board member shall comply with all other procedural standards relating to the P&Z Board. B. Vacancies I. During the term of appointment, should a member of the P &Z Board change residence to the extent he or she would not be eligible for appointment to the P&Z Board, the member shall forfeit the office and it shall be deemed vacant. 2. If a P&Z Board member is absent for three (3) consecutive regular meetings, or is absent for four (1) total meeting during any calendar year. said member shall forfeit 3 the office and it shall be deemed vacant. If a P&Z Board member is absent from three (3) consecutive regular meetings without being excused by the Chairman, said member shall forfeit the office and it shall be deemed vacant. If a board member is absent for five (5) total meetings during any calendar year, said member shall forfeit the office and it shall be deemed vacant unless a maioritv vote of the remaining Board recommend retention. 3. City Council may remove any member of the P&Z Board from office at any time. 4. Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The P&Z Board shall review applications and make a recommendation to City Council. The vacancy shall be filled as soon as practical after it occurs, for the remainder of the term. C. Voting Conflicts I. No member of the P&Z Board shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained or by any relative or business associate. 2. No member of the P&Z Board shall appear for or represent any person in any matter before the P&Z Board other than him or herself. No past member shall appear before the P&Z Board except when representing him or herself for a period of twelve (12) calendar months after his or her service has ended. ARTICLE IV: Election of Officers A. Chairman 1. The Chairman shall serve as the presiding officer at all meetings and hearing of the P&Z Board and appoint any committees from the P&Z Board membership that are deemed necessary. 2. The Chairman shall be elected by a majority of the voting membership at the first regular meeting in January each year. The Chairman shall be eligible for re-election. B. Vice Chairman I. The Vice Chairman shall be elected by the P&Z Board from among its regular members in the same manner as the Chairman and shall be eligible for re-election. 2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chairman. 3. In the event of death, resignation or removal from office ofthe Chairman, the Vice Chairman shall perform the various duties until such time the P&Z Board shall elect a new Chairman and Vice Chairman. C. Other Presiding Officers The members of the P&Z Board may select an additional member to preside over the meeting(s) in the absence of the Chairman and Vice Chairman D. Board Coordinator 1. The board coordinator shall be provided by the City and be a City employee. 4 2. The board coordinator shall prepare and distribute agendas, correspondence and minutes on the Friday before the meeting and shall establish and maintain files to ensure they are properly kept. All recorded meeting tapes shall be provided to the City Clerk for safekeeping. 3. Any correspondence prepared by a member of the P&Z Board shall be provided to the board coordinator for distribution to the P&Z Board members. E. Professional Support The City shall provide professional support to the P&Z Board as may be necessary. ARTICLE V: Meetin2lHearin!!:s A. Regular Meetings Regular scheduled meeting of the P&Z Board shall be held the second Wednesday of each month. B. Special Meetings Special meetings or hearing of the P&Z Board may be called by the Chairman. C. Requirements All meetings shall be open to the public, provide due public notice, and follow Roberts Rules of Order and the Florida Sunshine Laws. ARTICLE VI: Powers and Duties A. The P&Z Board shall exercise the following powers and duties: 1. Be the responsible agency to initiate review and/or amendments to the City's Comprehensive Plan and recommend such to City Council. 2. Review all proposed amendments to the City's Land Development Code and make recommendations to City Council as to the consistency of proposed amendments to the Comprehensive Plan. 3. Monitor the effectiveness of the Comprehensive Plan by the formal periodic evaluation process described in Chapter 163.3191, FS. 4. Provide recommendations to City Council regarding applications for the following: a. Subdivisions and plats; b. Development and zoning agreements; c. Proposed annexations; d. Proposed rezonings; e. Site Plans over twenty-five thousand square feet (25,000 sq. ft.) of building area; f. Text amendments; g. Mining agreements; h. Abandonment/Vacations; and/or i. Land Use amendments. 5. Provide a coordinated planning effort between the City and the Volusia County School Board per Florida Statutes Sec. 163.31777. 5 B. The P&Z Board shall have final authority to approve, modify and/or deny, unless appealed to City Council: 1. Conditional Use Permits 2. Variance Applications. C. Appeals Any person aggrieved by the decision of the P&Z Board shall appeal such decision to City Council in the manner and form required by City Council. ARTICLE VII: Amendments The By-Laws may be amended at a regular or special meeting of the P&Z Board, provided that written notice shall have been sent to each member at least thirty (30) fifteen (15) days in advance of the vote, which notice shall contain the proposed amendment. Adopted by the Board this 8[}U1 daYOf~11 CA ,20_. f~ p.Y:~.;=~ Attest: ~t,---eUWUA-, Board Coordinator 6