§ 2.2. Planning Board.

A.

Establishment. The Planning Board is hereby established in accordance with Article III, Section 6, of the Charter of the City of Daytona Beach, and State law.

B.

Powers and Duties. The Planning Board shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To act as the City's local planning agency in accordance with State law and assume general responsibility for compliance with the City's comprehensive planning program, including the consistency of development regulations with the comprehensive plan;

b.

To work in conjunction with City staff to prepare the City's comprehensive plan and plan amendments, and to make final recommendations to the City Commission regarding the adoption or amendment of the plan;

c.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

d.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Applications for a Development Permit. To review and decide applications for a Major Site Plan (Section 3.4.I.2.b.i) when they involve land outside a Redevelopment district.

3.

Decide Appeals. To review and decide an Appeal of any development order, requirement, or determination by City staff, where the appeal alleges an error in interpretation of the meaning of a provision of this Code, or pertains to a City staff decision to modify exterior color and building design standards (Section 3.4.X).

4.

Make Recommendations on Applications for a Development Permit. To review and make a recommendation on the following applications for a development permit:

a.

Text Amendment (Section 3.4.B);

b.

General Zoning District Map Amendment (Section 3.4.C);

c.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

d.

Historic Overlay Zoning District Map Amendment (Section 3.4.E);

e.

Planned Development (Section 3.4.F);

f.

Special Use Permit (Section 3.4.G);

g.

Public or Semipublic Use Permit, unless proposed by the City (Section 3.4.H);

h.

Major Subdivision Preliminary Plat (Section 3.4.K.3); and

i.

Right-of-Way Vacation (Section 3.4.AA).

C.

Membership, Appointment, and Terms of Office.

1.

The Planning Board shall consist of seven voting members appointed by the City Commission as a whole.

2.

The Planning Board shall also include one nonvoting member appointed by the Volusia County School Board, to attend those meetings at which the board considers the following types of applications, if the application proposes increasing the residential density of land:

a.

Comprehensive plan amendment;

b.

General Zoning District Map Amendment (Section 3.4.C);

c.

Site-Specific Zoning District Map Amendment (Section 3.4.D); or

d.

Planned Development (Section 3.4.F).

3.

The board shall include at least one voting member from among the residents of each City Commission zone.

4.

All voting board members shall be residents of the City and qualified electors.

5.

Voting board members shall be appointed for four-year, staggered terms and may be reappointed to successive terms. All members shall continue to serve until their successors are appointed.

6.

Vacancies among voting members occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only. Replacement members shall be appointed from among residents of a City Commission zone that has only one current resident member on the Planning Board.

7.

Board members shall serve without compensation.

D.

Attendance. If a member of the Planning Board fails to attend three regularly scheduled board meetings during any 12-month period, the Planning Board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.2.C.6.

E.

Removal. Planning Board members serve at the will of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.2.C.6.

F.

Chair and Vice-Chair.

1.

The Planning Board shall elect a Chair and a Vice-Chair from among its voting members, each to serve a one-year term. No member shall serve more than two consecutive terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Planning Board and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Planning Board shall adopt a schedule establishing the date, time, and location of regular meetings. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

2.

Official Record. The Planning Board shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Planning Board meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Planning Board shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Four members of the Planning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Planning Board members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Planning Board may adopt rules of procedure governing its procedures and operations.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.