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HomeMy WebLinkAboutP & Z Board Procedures 4/28/2004CITY OF CAPE CANAVERAL BUILDING DEPARTMENT Date: August 17, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson of the Planning & Zoning Board Re: Resolution 2004-1 Adopting Planning & Zoning Board Rules and Procedures FIL The Planning & Zoning Board reviewed the proposed Resolution, establishing the Board's Rules and Procedures. Following discussion, the Board agreed to recommend adoption of Resolution 2004-1, with the addition that the words "Meetings shall be held at the Cape Canaveral City Hall Annex, or any other location deemed necessary by the Board" be added. Chairperson McNeely noted that the Resolution did not address ex-officio members. City Attorney Garganese responded that ex-officio members will be addressed in a seperate ordinance that has been presented to the City Manager. Please schedule this item on an upcoming meeting agenda. r RESOLUTION 2004-1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD ADOPTING RULES AND PROCEDURES SUPPLEMENTAL TO THE UNIFORM BOARD RULES AND PROCEDURES ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 2-171 OF THE CITY CODE; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR RULES, LIMITATIONS, AND PROCEDURES ADOPTED BY THE PLANNING AND ZONING BOARD, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-171(j), City of Cape Canaveral Code, the Planning and Zoning Board is authorized to adopt additional rules and procedures necessary to conduct Board business providing the rules and procedures are supplemental to and not inconsistent with the rules and procedures adopted by the City Council for all boards and committees conducting business within the City of Cape Canaveral; and WHEREAS, the Planning and Zoning Board desires to adopt supplemental rules and procedures for conducting Planning and Zoning Board meetings; and WHEREAS, the Planning and Zoning Board deems that these supplemental rules and procedures are necessary to conduct efficient and orderly business. NOW, THEREFORE, BE IT DULY RESOLVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Adoption of Supplemental Rules and Procedures. The following rules and procedures are hereby adopted by the Planning and Zoning Board: 1) Regular Meetings. The Planning and Zoning Board of the City of Cape Canaveral shall hold regular meetings at 7:30 p.m. on the second and fourth Wednesday of each month of the year. Meetings will end at 10:00 p.m. unless a majority of the Planning and Zoning Board votes to extend the meeting. Meetings shall be held at the Cape Canaveral City Hall Annex. Meetings may be cancelled by a majority vote of the Planning and Zoning Board at any official meeting. Meetings may also be cancelled by the City Manager if it is known prior to a regularly scheduled meeting that a quorum of the Planning and Zoning Board will not be present at the meeting or the City Manager determines that there is no business to present to the Board. City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 1 of 3 2) Special Meetings. Special meetings may be called by the Chairperson upon recommendation of any two Board members or the City Manager at any time. A minimum of 48 hours advance notice must be given to all Board members. 3) Emergency Meetings. Emergency meetings may be called by the Chairperson or upon recommendation of any two Board members or the City Manager at any time. In case of an emergency, the 48-hour notice provided for special meetings may be waived. 4) Agenda. The agenda for each regular or special meeting shall be posted in City Hall, a minimum of 48 hours before meeting time. Agenda for emergency meetings may be handed to Board members at the time of the meetings. The agenda shall be organized by the Chairperson. Items may be placed on the agenda by any Planning and Zoning Board member, or any City Council member, or the City Manager by calling the item to the attention of the Board Secretary at least one (1) week before any regular meeting or within the 48-hour notice requirement for special or emergency meetings. The agenda shall follow the following outline: I. Call to order. II. Roll call. III. Approval of minutes of previous meeting which have not been approved. IV. New business. V. Old business. VI. General discussion. VII. Adjourn 5) Rules of Conduct at Planning & Zoning Meetings. The most current edition of Roberts Rules of Order shall be followed during any meeting of the Planning and Zoning Board. 6) Attendance. Members of the Planning and Zoning Board shall notify the Chairperson of the Board or the Board Secretary if they cannot attend a meeting. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Rules and Procedures. Any previously adopted rules and procedures of the Planning and Zoning Board are hereby repealed in their entirety. It is the intent and purpose of this resolution to provide a completely new set of supplemental rules and procedures of the Planning and Zoning Board. This resolution shall be deemed supplemental to and in addition to any uniform rules and procedure adopted by the City Council of the City of Cape Canaveral. City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page 2 of 3 Section 5. Conflicts. In the event any provision of this resolution conflicts with any rule adopted by the City Council or provided by law, the rule adopted by the Council or provided by law shall apply. Section 6. Limitations. The failure of the City of Cape Canaveral Planning and Zoning Board to abide by the policies in this resolution shall not have any adverse effect on any final decision made by a majority vote of the Planning and Zoning Board. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City of Cape Canaveral Planning and Zoning Board. Resolved by the City of Cape Canaveral, Planning and Zoning Board, in a regular meeting assembled on this day of , 2004. Beatrice McNeely, CHAIRPERSON ATTEST: Susan Chapman, SECRETARY APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral Planning and Zoning Board Resolution No. 2004-1 Page3of3 c ORDINANCE NO. 12-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city; and WHEREAS, in furtherance of this goal, the City Council desires to establish uniform and consistent procedures and requirements for the various city boards and committees, including but not limited to procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business; and WHEREAS, the City Council of the City of Cape. Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: City of Cape Canaveral Ordinance No. 12-2003 Page 1 of 17 • Recitals. The foregoing recitals are true and correct and are fully Section 1, Rec><t --- incorporated herein by this reference: The City of Cape Canaveral Chapter 2 type Chapter indicates Sect Z, Chapter 2 Code Amendment. the Ordinance of text existing in Chapter Yl> is2 herebyamended as follows: (unde.�ed type from indicates additions and Ce (* * *)indicate a deletion deletions, while gathe that the text in Chapter 2 denoted by the asterisks oano f this Ordinance) et forth in this Ordinance shall It is intended language existing prior to adopt remain unchanged from the lance Chapter 2 - Administration * * * Article IV. Boards, Committees, Commissions Sec. 2-171. Uniform Procedures and Re uirements. section is to enhance the � Pur.ose and intent. Con icts. The e munici ae l services de intent of el at d to and .erfonned b the ublic's res • ect and confidence in th ci boards and committees and to ensure that decisions oof boa os o ecom it ees arm and best interests of the cit The •u .ose of this se a oard consistent rocedures and re • uirements for establishin • and/or ib o ishifl inb board and s and committees and a • • ointin • and removin • members thereof and o committee business. of e To the extent an •rovision of this section conflicts with an oection s vision v 1�sTCod the it is the intent of the cit coh•ted be s of this state or federal law it is the intent of extent the •rovisions of this section are reem the cit council that the •rovisions of state or federal law shall •revail. De znitions. As used in this section the terms or hrases listed in this subsection shall have the following mal eaning: "Re •'stered Voter" shall mean a •erson dul re•istered to vote in Cit of Case Canaveral elections at all times while servin on a board or committee. 2 "Resident" shall mean an erson living within the citl�i months at 1•rior to times while servin• on a board or committee and at least twelve bein nominated elected or a ointed to the board or committee. c Re • uirements o board and committee members. An • erson nominated minat re elected uiror a ointed to serve on a board or committee of the ci shall sates thef City of Cape Canaveral Ordinance No. 12-2003 Page 2 of 17 W Com lete a board or committee a lication as rescribed b the ci council; a) Consent to a standard criminal background check. at the discretion of the ci council: LI)Bea Resident and Re istered Voter as defined b this section unless the city council by unanimous vote waives this re uirement u on a determination that a vacant on _aboard or committee must be filled by aperson with s ecialized skills and trainin and a Resident and Registered Voter with such skills and training cannot be reasonabl found to fill the vacant . If said re uirement is waived the vacant shall onl be filled b a erson who is a resident of the tit or who owns a business or real property within the city and a) Have never been convicted or found it re ardless of ad'udication any iurisdiction unless their civil rights have been restored. Any �- contendere shall be considered a conviction for oses of this ara of a felony in lea of nolo a h. Com lete interviews with the board or committee on which the erson is seekin appointment and with the city council. Limitation on number o nonresidents servin on boards and committees. Notwithstandin the foregoing, the maximum number of persons not satisfying both the residency and registered voter requirements of this Section that can serve on a particular board or committee shall be equal to twenty-five percent (25%) of the total number of voting board or committee members allowed to be appointed or elected to that particular board or committee. Appointment and removal ofinembers. All persons shall be appointed to, and removed from city boards and committees by majority vote of the city council and by resolution, unless otherwise provided in this Section. Board and committee members shall serve at the pleasure of the city council and may be summarily removed at any time with or without cause. A board or committee a ointment shall not be construed as creatin or conferrin upon any person any ri gIA or interest in serving on a board or committee including but not limited, to a contract, liberty, property or vested right. L Term. All board and committee members shall be a ointed to serve three- ear terms and ma be rea ointed b the tit council for subse uent three- ear terms without limitation. Notwithstandin the tit council ma a oint a member to a term of less than three ears in order to sta er the terms of the entire board or committee. If a member is removed or vacates their a ointment for an reason including death. excessive absence or resignation rior to the ex iration of their term the tit council ma at its discretion a oint an individual to serve the remaining ortion of the unex ired term. City of Cape Canaveral Ordinance No. 12-2003 Page 3 of 17 11) Absences. An board or committee member incurring five 5 consecutive absences an regularl scheduled meeting of the board or committee or seven 7 absences from an meeting of the board or committee within a twelve-month eriod. startina with the last absence and countina backward , shall be deemed automaticall removed from the res ective board or committee in which the absences have occurred. An meeting which is cancelled other than for a lack of a uorum. shall not be counted for u oses of determining absenteeism. Absences which occurred rior to the date of rea ointment of an board or committee member shall not be counted toward automatic removal. However if an board or committee is re larl scheduled to meet less than once er month a board or committee member shall be automaticall removed if the member fails to attend fo ercent 40% of the reaularl scheduled meetings within a twelve-month eriod. l� Com.ensation. All board and committee members shall serve without comensation as .rovided in the Cit Code for .er diem subsistence and travel allowances for official travel. Li Rules and Procedures. The ci council ma ado t and amend from time to time b resolution eneral and uasi-'udicial rules and rocedures for boards and committees. All boards and committees shall at all time com 1 with the eneral rules and rocedures and when a licable the uasi-'udicial rules and rocedures. A board or committee ma ado t additional rules and rocedures rovided that such rules or rocedures are su lement in nature and not inconsistent with the rules and rocedures ado ted b the ci council and an federal state or local law. An rule or rocedure ado ted b the board or committee ma be amended or re ealed by the cit council. Chairmanshi•s. Each board and committee shall be res.onsible to elect b ma'orit vote of the members of each board or committee a chaff erson and vice -chaff erson. The election shall occur annuall at the first meetin held in Janu unless there is no Janu meetin then the next meetin held. All newl established boards and committees shall make such elections at their first re larl held meetin and then annuall as stated above. Alternate members as .rovided below shall not be elected to . ositions of chaff .erson or vice -chaff . erson. All meetings shall be as re • ularl scheduled and at the call ofthe chair and at such other times as a ma'orit of the members of an board or committee ma determine iuorum • board actions. A ma'orit of the members of each board or committee shall constitute a . uorum. The affirmative vote of the ma'orit . resent shall be necessa for an board actions• rovided however it shall take three 3 affirmative votes to ass or a rove an action unless a su er-ma'orit is otherwise re wired b local state or federal law. LZ Public meetin s • minutes. All meetin s of boards or committees shall be o en to the ublic. The cit manager shall designate a secreta for each board or committee. whose duties shall City of Cape Canaveral Ordinance No. 12-2003 Paee 4 of 17 include kee in minutes of all the meetings of the board or committee and recordin the actions and/or recommendations of each board or committee, including showing the vote of each member u on each uestion or if absent or failing to vote indicating such fact. The cit manager ma a oint a board or committee member to serve as secreta . The ci shall be custodian of all records of the boards or committees and such records shall be maintained in the same manner as other city records. Lmi Alternate members. At the discretion of the cit council two 2 alternate members ma be a ointed to each cit board or committee. Alternate members shall be rovided with all agendas and documentation rovided to re lar members and shall bepermitted to rovide in ut durin discussions. Alternate members shall not be ermitted to vote on matters before the board unless the have assumed the duties of an absent regular member. The member of the board or committee who has served lon er as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is a ointed as a re lar board member the successor to the first alternate board member shall be that alternate board member with the lon er service as an alternate member. The next a ointed alternate member shall be desi aced as the second alternate board member. In the absence of a re lar member from an official board meetin the first alternate board member shall assume all duties of the absent re lar board member includin the ri ht to vote on an matter before the board at the meetin . If two 2 or more re lar board members are absent from an official board meetin the second alternate member shall assume all duties of the absent re lar member includin the ri ht to vote on an matter before the board at the meetin . In the absence of the first alternate board member from an official board meetin the second alternate board member shall act in the lace of the absent first alternate includingthe right to vote on matters before the board at that meetin if a re lar member is absent at the meeting.. Ad Hoc Committees. The ci council ma create b resolution from time to time tem or ad hoc committees to serve a limited u ose. The resolution ma exem t the committee from all or part of the requirements of this Section b.) Interviews. Prior to a erson beinga ointed to a board or committee the erson shall be interviewed in erson b the board or committee on which the erson is seekin a ointment and b the ci council. The board or committee shall make a recommendation to the cit council on whether the erson should be a ointed to their res ective board or committee based on the re uirements of this Section. Secs. 2.17f2-2-180. Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 5 of 17 Sec. 2-181. Established, (a) ---A beautification board, which shall consist of seven members and -two -them is established.m}rea s Sec. 2-182. Meetings, fa- , , Regular meetings of the beautification board shall be held at least once each month at the city hall, and special meetings of the board shall be held at such times and at such places as the board may direct. , City of Cape Canaveral Ordinance No. 12-2003 Page 6 of 17 , Sec. 2-183. b Reserved. * * * Section 3• Chapter 10 Code Repeal. The City of Cape Canaveral Code, Section 10- 27, is hereby repealed. * * * Sect_ 4• Chapter 22 Code Amendment. ThCity of CapeChapter 22, is hereby amended as follows: (underlined type ndic indicates additions and tVe t t ode, indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existingg in Chapter 22. It is intended that the text inChapter 22 denoted by the asterisks and set forth in thi Ordinance shall remain unchanged from the language existin s g prior to adoption of this Ordinance). Chapter 22 Community Development * * * Article II. Business and Cultural Development Board * * * Section 22-28. Compositionrqualifirations. The business and cultural development board shall consist of five regular members mcmbe�s. rs and-foui al -tam -ate Sec.22-29.Ternrof-efficeReserved. Section 22-30. N7 am-res Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 7 of 17 Sec. 22-31. Remu. al Reserved. Sec. 22-32. dm-es Reserved. * * Article III. Community Appearance Review * * * Sec. 22-37. Board established; membership; qualifications of members. (a) Established. There is hereby established a community appearance board which shall consist offivemembers •• , 2orstatorztlicboard-sha oultil. (b) f e) Qualifications. one iltl,l All members shall be qualified by reason of training or expertise in art, architecture, community planning, land development, real estate, landscape architecture or other relevant business or profession, or by reason of civic interest so as to be considered a sound judge of the aesthetic effect and impact upon City of Cape Canaveral Ordinance No. 12-2003 Page 8 of 17 Voting property values, desirability, and the economic, social and cultural patterns of the community of a proposed building or structure on surrounding areas. Sec. 22-37. Rules of c bvai.,c„ Reserved. keeping-wi p Sec. 22-39. Proceedings of the board. (a) At the iliiti Meetings shall be held on the first and third Monday of each month unless no business is presented to the board for a particular meeting. . The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. r writtcil 1ccord or.�.- , uesti��� e��r�id���mold-- --� ��-_.j•= V11 VUV11 cl d. Such 1 shall be fled with the office of -c secretary of the board Fr= an (b) The city shall provide administrative, legal, architectural and other professional expert services deemed necessary for the board to perform its duties and obligations under this article. * * * Section 5. Chapter 46 Code Amendment. The City of Cape Canaveral Code, Chapter 46, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 46 - Library City of Cape Canaveral Ordinance No. 12-2003 Page 9 of 17 * * * Article II. Library Board Sec. 46-26. Created, w111YvJ1tivu, tt1 ms, .,Ir411111 . (a) There is created a library board to consist of five members and --wc 4;� - -- - . Such is teens strall xpire in the month of October of each yea,: year. Sec. 46-27. 0-,1,.,rul, 91ar`rsl ulcsa►nl 1 cgulativlrs; eExpenditures. {b) The library board shall have exclusive control of expenditures of all monies collected or donated to the credit of the library fund. Sec. 46-28. Amelidiiit of bylaw Reserved. Sec. 46-29. Vacatrvnvf office Reserved. TLr * * * Section 6. Chapter 54 Code Amendment. The City of Cape Canaveral Code, Chapter 54, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 12-2003 Page 10 of 17 Chapter 54 - Parks and Recreation * * * Article II. Recreation Board Sec. 54-26. Established. (a) There is created a recreation board to consist of seven members Such m�rnbers}rip " two-yeai tcrns by ycar. y L:ouncrl. snail cxpirc m the month -of Octobcr of cacti Eai ion. oar a nlcmbcr. The ncxt appointcd a a board member. Sec. 54-27. ' rottongs-in a of" off. c Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 11 of 17 mcn guatca as the scco * * * Section 7. Chapter 58 Code Amendment. The City of Cape Canaveral Code, Chapter 58, is hereby amended as follows: (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 58 - Planning * * * Article II. Planning and Zoning Board Sec. 58-26. Established, (a) The planning and zoning board is established. The board shall consist of scvc�i five members. Five voting rights. Two alternate nicmbci s gularrncnmcrs shall have S Or odic ppointmcnts to the pidiming aintL.nnh!ig Sec. 58-27. Qualifications Reserved. c made by majority vot rvc �ul LOT -pears. ity Council. ni Sec. 58-28. Ex-officio i,iei,dre„ Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 12 of 17 cpL�n' (b) Ex-officio members of the planning and b in which their advice will be soli ,il-cd] E ff ucio 111V111UL1J J11Ql111117I Sec. 58-29. Reserved. l)L Cx-offit,iO m nl,iijgrs 7 Sec. 58-30. Rules of proctdu, a Reserved. majoritrviatu of the 1ITl Sec. 58-31. Quorum Reserved. tiii altcnlatL. mei Sec. 58-32. Reserved. (a) The inelnllei of talc planning a-nd rnatc board 111_a.abr1 l a. City of Cape Canaveral Ordinance No. 12-2003 Page 13 of 17 I.JJui to tnc I1rst a1.L�iliatc VOai mcnlbCI. meeting, the fm1 cd g more--rcgular member-strati aJJ Sec. 58-33. MiliatCb Reserved. 's nn eti iigs and eat ding the I oard's a . tiuiis and i l l�inn:Li enrda runt �}i�z ily t lei * * * Section 8. Chapter 82 Code Amendment. The City of Cape Canaveral Code, Chapter 82, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 82 - Buildings and Building Regulations. * * * Article II. Building Code * * * Sec. 82-32. Establishment of construction board of adjustment and appeals. There is hereby established a board to be called the construction board of adjustment and appeals, which shall consist of five members. (a) fComposition.J Members of the construction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. A boa, 1 iircniburshall not act in a uast, iirwlln,lrljL liaJ a pCrJunal vi financial tiltcrcSt City of Cape Canaveral Ordinance No. 12-2003 Page 14 of 17 el ms. 111 m is slrali lre ttv u--y,. a m fi om the date of fhe-board-thall, from -office. Uricr arm an vattng c members-bllall-t board and shall make -a do of-a-nrember-ter vote -.- Powers. The construction board of adjustments and appeals shall have the power, as further defined in section 82-2-933to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. * * * Section 9. Chapter 110 Code Amendment. The City of Cape Canaveral Code, Chapter 110, is hereby amended as follows: (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 110 - Zoning * * * Article II. Board of Adjustment Division 1. Generally Sec. 110-26. Established, Lull tpobitton, (a) A board of adjustment is established, which shall consist of five members ( mucrs and altcrnatc member oars of adjtrstnlcn residents of the be-rcgistc City of Cape Canaveral Ordinance No. 12-2003 Page 15 of 17 witnesses. Sec. 110-27. Proceedings. fa-1 keepiirg-with-this-ch-dptei. Pvfceti1 s-sh1..0. all be he+d at the __11 V„ f 111- _,-ai_--_ and _ _ , • The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of * * * Sec. 110-32. Decisions. In exercising any of the powers listed in this article, the board of adjustment may, so long as the action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and to that end shall have all of the powers of the building official from whom the appeal was taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the building official_ Section 10. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 11. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 12. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. 12-2003 Page 16 of 17 Section 13. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and as provided by City Charter. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 1st day of July, 2003. ATTEST: SUSAN TILLS, City -Clerk First Reading: 6/17/03 Legal Ad published: 6/21/03 Second Reading: 7/1/03 ROCKY RANDEf S, Mayor For Against Bob Hoog Second Jim Morgan Motion Buzz Petsos X Rocky Randels X Richard Treverton X Approved as to legal form and sufficiency for the City . pe Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Dots\City of Cape Canaveral\Ordinances\Uniform_Board_Ordinance.wpd City of Cape Canaveral Ordinance No. 12-2003 Page 17 of 17 RULES OF PROCEDURE CITY OF CAPE CANAVERAL PLANNING & ZONING BOARD 1. WHEREAS, SECTION VI Ordinance Number 53-73 adopted on the 3rd Day of January 1974 requires that the City of Cape Canaveral, Planning and Zoning Board shall adopt a set of Rules and Procedure, and Rules of Order by majority vote of the permanent board. 2. In accordance with paragraph one above, the City of Cape Canaveral, Planning and Zoning Board adopts this document as the official rules and procedures. Adopted this 25th Day of May, 1977. 3. MEMBERS The Planning and Zoning Board shall consist of Five (5) permanent members and Two (2) alternate members. Terms shall expire in accordance with City of Cape Canaveral Ordinance Number 53-73 or any Ordinance adopted by the City of Cape Canaveral City Council at any later date which this document is approved by the Planning & Zoning Board. 4. EX-OFFICIO MEMBERS The Planning and Zoning Board may appoint -ex-officio members who shall serve the Board in an advisory capacity. Each ex-officio member shall be appointed by majority vote of the Board and shall serve for a term to be determined by the Planning and Zoning Board. (a) Qualification of Ex-Officio Member - Ex-Officio members of the Planning and Zoning Board of the City of Cape Canaveral shall be bonafide residents of Brevard County, but need not be a qualified voter of the City of Cape Canaveral. Ex-Officio members shall be versed by education or experience in the field of municipal planning, zoning or other specified areas in which this advice will be solicited. Ex-Officio members shall not vote on matters before the Planning and Zoning Board. (b) Ex-Officio Members shall serve without compensation unless approved by City Council. -1- CHAIRPERSON The Planning and Zoning Board shall appoint a chairperson from the permanent members who shall be an Ex-Officio member of the City of Cape Canaveral Board of Adjustments. The Planning and Zoning Board chairperson shall be elected by a majority vote of the Planning and Zoning Board members at an official Planning and Zoning Board Meeting. The term of the Chairperson shall be for one year or until his term expires in accordance to cvne Ordinance 53-73,- whichever occurs first. 57 . 6.— (i t 2 )-rear ee+i vl y ocr+er Cep+ is 6. VICE -CHAIRPERSON •l The Planning and Zoning Board shall appoint a Vice -Chairperson from the permanent members who shall act in the absence of the Chairperson. The Planning and Zoning Board Vice -Chairperson shall be elected by a majority vote of the Planning and Zoning Board members present at any official meeting. The term of the Vice -Chairperson shall be for one year or until his term expires, in accordance with Ordinance 53-73, whichever occurs first. 7. QUALIFICATIONS Each person appointed to the Planning and Zoning Board shall meet the following qualifications: - (a) A registered voter of the City of Cape Canaveral. (b) A resident of the City of Cape Canaveral for at least 12 months immediately proceeding appointment. (c) Must have been appointed by the City of Cape Canaveral City Council by resolution in accordance with Ordinance 53-73. 8. QUORUM Three members of the Planning and Zoning Board shall constitute a quorum; however, all official actions of the Board must be by majority vote of all voting members preset, (i.e. permanent members and voting alternate members). -2- 9. ALTERNATE MEMBERS Voting Rights - The alternate Board Members shall have voting rights as follows: (a) Upon the absence of a Permanent Board Member from an official Board Meeting, the first alternate Board Member shall assume all duties of the absent permanent member, including the right to vote on any matter before the Board at that meeting. (b) Upon the absence of two or more permanent Board Members, the second alternate shall assume all duties of an absent permanent member, including the right to vote on any matter before the Board at that meeting. (c) Upon the absence of the First Alternate Board Member from an official Board Meeting, the Second Alternate shall act in place of the First Alternate Board Member, including the right to vote on matters before the Board at that meeting. 10. REGULAR MEETINGS The Planning and Zoning Board of the City of Cape Canaveral shall hold Regular Meetings at seven -thirty (7:30 P.M.) on the second and fourth Wednesday of each month of the year. Meetings shall be at Cape Canaveral City Hall Annex. Meetings may be canceled by a majority vote of the Planning and Zoning Board at any official meeting. All meetings of the Planning and Zoning Board shall be open to the Public, the press and any interested parties. 11. SPECIAL MEETINGS Special Meetings may be called by the Chairperson or upon recommendation of am ttwo permanent or alternate members at any time after a minimum of forty-eight (48) hours advance notice has been given to all Board Members. 12. EMERGENCY MEETINGS In case of an emergency, the forty-eight (48) hour notice may be waived. Emergency meetings may be called by the Chairperson or upon recommendations of any two permanent or alternate members of the Planning and Zoning Board. -3- 13. NOTICE OF MEETINGS Except for Regular Meetings, the Board's Secretary shall by all reasonable means, notify all Board Members of the meeting being called and the reason for calling the meeting. In the event a quorum cannot attend the above meeting, the Board's Secretary shall notify the person or persons who called the meeting. 14. BOARD'S SECRETARY The City of Cape Canaveral shall appoint a permanent Secretary to the Planning and Zoning Board. From time to time, a substitute secretary may be provided. The Board Secretary shall attend all meetings of the Planning and Zoning Board. 15. BOARD SECRETARY DUTIES (a) Take minutes of all Planning and Zoning Board meetings. (b) Provide necessary typing for any permanent or alternate member of the Planning and Zoning Board upon request. All typing must be of official Planning and Zoning Board business. - (c) Mail minutes of all meetings to all members of the Planning and Zoning Board and City Council members at least one week before the scheduled meeting so that they arrive forty-eight (48) hours before any Regular Meeting. (d) Prepare and mail one copy of the approved agenda to each member of the Planning and Zoning Board and each City Council Member and to the City Attorney, at least forty- eight (48) hours before the Regular Meeting. (e) Advise each Planning and Zoning Board member of any Special or Emergency Meeting called. (f) Mail one copy of each Variance, Special Exception, Rezoning and Building Official's request or appeal of Administrative decision to each member of the Planning and P r c or •4-0 h et.74) Zoning Board at least one week regular meeting. 11 t t ' S S C haldizdo -4- (g) Make available to the City Attorney any recommendations that the Planning and Zoning Board has made for changes to the City of Cape Canaveral Zoning Ordinance. Once the recommended changes have been put into Ordinance form by the City Attorney, provide one copy to each Member of the Planning and Zoning Board for final review and adept -icon: record max \cick, on -i a C / C C3v n C-k • (h) Provide _each member of the Planning and Zoning Board one copy of any Ordinance adopted by the City Council which effects the City of Cape Canaveral Zoning Ordinance. (i) 'ro tim- t• time, -.da - the Of-•. Zoni •-.inan refle c . g-: .de by C. Coun (j) Post in City Hall all Agendas, riances, bpeci Admi on the same day that they are mailed to Planning and Zoning Board Members, but not later than forty-eight (48) hours before the meeting. 16. AGENDA The Agenda for each Regular or Special Meeting shall be posted in City Hall, a minimum of forty-eight (48) hours before meeting time. Agenda for Emergency Meetings may be handed to Board Members at the time of the Meeting. The Agenda shall be organized by the Chairperson. Items may be placed on the Agenda by any permanent or alternate Planning and Zoning Board member, or any City Council member calling the item to the attention of the Board Secretary at least one week before the Regular Meeting. The Agenda shall follow the following outline: I CALL TO ORDER II ROLL CALL - III APPROVAL OF MINUTES OF PREVIOUS MEETING WHICH HAVE NOT BEEN APPROVED IV NEW BUSINESS V OLD BUSINESS VI GENERAL DISCUSSION VII ADJOURN -5- 17. RULES OF CONDUCT AT PLANNING AND ZONING BOARD MEETINGS Robert Rules of the current issue shall be followed during any Meeting of the Planning and Zoning Board. *18. ATTENDANCE (1) Members shall notify the Chairman of the Board or the Board Secretary if they cannot attend a Meeting. (2) If a member misses two (2) out of three (3) consecutive regular meetings without cause and without prior approval of the Chairperson, the Board vacancy on the Board shall be filled by appointment by the City Council. APPROVED THIS 14TH DAY OF FEBRUARY, 1996 BY THE PLANNING AND ZONING BOARD BEATRICE MCNEELY, CHAIRPERSON * Amended by Planning and Zoning Board on 1-23-85 and February 14, 1996 -6-