Article 2

a. Appointing or confirming members of the Planning Commission or Board of Zoning Appeals required under these regulations;

b. Appointing or confirming Code Enforcement special masters as provided in Article VIII, Chapter 2 of the Sarasota County Code;

c. Considering and adopting or rejecting proposed map amendments (rezoning) and text amendments to or the repeal of these zoning regulations;

f. Act as the Land Development Regulation Commission pursuant to Sections 163.3164(22) and 163.3194(2), Florida Statutes.

2.2 Planning Commission

2.2.1. Establishment and Composition

A Planning Commission is hereby re-established, which shall consist of an odd number of not less than seven or more than nine members to be appointed by the Board of County Commissioners, each for a term of four years; provided, however, that not more than a minority of the terms of such Planning Commissioners shall expire in any one year. A representative shall be appointed by School Board of Sarasota County to sit on the Planning Commission as a non-voting member.

2.2.2. Qualifications of Members

No voting member of the Planning Commission shall hold any elective office of or be employed by any municipality or county government in Sarasota County. Members of the Planning Commission appointed after October 27, 2003 shall be residents of the County for at least two years prior to the date of appointment. Members shall be appointed based on the Board’s determination of the type of skills, education or experience best suited to achieve the duties of the Planning Commission as set forth herein.

2.2.3. Vacancies

Vacancies in Planning Commission membership shall be filled by appointment by the Board of County Commissioners for the unexpired term of the member affected. It shall be the duty of the Chairman of the Planning Commission to notify the Chairman of the Board of County Commissioners within 30 days after any vacancy shall occur.

2.2.4. Removal

Members of the Planning Commission may be removed from office for cause by the affirmative votes of three members of the Board of County Commissioners. Where a member has filed to run as a candidate for any public office, their resignation shall be tendered as of the date of filing.

2.2.5. Compensation

Members of the Planning Commission shall receive no salaries or fees for service on the Commission but may receive actual and necessary expenses incurred in the performance of their duties of office.

2.2.6. Proceedings

a. Officers and Voting

The Planning Commission shall select a Chairman and a Vice Chairman from among its members and may create and fill such other offices as it may determine necessary.

b. Rules of Procedure

The Planning Commission shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida law, and these zoning regulations. Such rules of procedure shall be available in written form to persons appearing before the Commission and to the public.

c. Meetings

Meetings shall be held according to the Planning Commission Rules of Procedure, at the call of the Chairman, or at such other times as the Planning Commission may determine. Meetings that are not regularly scheduled shall not be held without proper notice.

d. Quorum; Minutes; Public Records

1. The Planning Commission shall keep records of its proceedings, showing the vote of each member (including the Chairman or Vice Chairman), or if absent or failing to vote indicating such fact. The Commission shall keep records of its official actions, all of which shall be a public record and filed in the Growth Management Business Center.

2. A quorum for the transaction of business shall consist of a majority of the membership, excluding the representative from the Sarasota County School Board.

e. Disqualification of Members

If any member of the Planning Commission shall find that his or her private or personal interests are involved in the matter coming before the Commission, the member shall disqualify himself or herself from all participation in that matter and file a notice of conflict of interest as provided by Florida law. No voting member of the Planning Commission shall appear before the Planning Commission as agent or attorney for any person. No voting member of the Planning Commission shall appear before the Board of Zoning Appeals or Board of County Commissioners as agent or attorney for any person.

2.2.7. Appropriations, Fees and Other Income

The Board of County Commissioners shall make available to the Planning Commission such appropriations as it may see fit for expenses necessary in the conduct of Planning Commission duties. No public funds shall be expended or be caused to be expended by the Planning Commission without express approval of the Board of County Commissioners.

2.2.8. Powers and Duties

1. To acquire and maintain such information and materials as are necessary to understand past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of man‑made and natural physical features of the County, statistics on past trends and present conditions with respect to population, property values, economic base, land use and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the County;

2. To recommend to the Board of County Commissioners for adoption and from time to time recommend amendments and revisions to the Comprehensive Plan for meeting present requirements and such future requirements as may be foreseen, and to act as the Local Planning Agency pursuant to Section 163.3174, Florida Statutes;

3. To recommend principles and policies for guiding action affecting development in the County;

4. To recommend to the Board of County Commissioners the preparation of other planning-related materials or studies.

5. It is the intent of these zoning regulations that all map amendments (rezoning) and special exceptions shall be heard first by the Planning Commission and that the Planning Commission's report and recommendation on such matters shall be advisory only to the Board of County Commissioners.

7. To keep the Board of County Commissioners and the public informed and advised on these matters; and

8. To perform such other duties as may be lawfully assigned to it, or which may have bearing on the preparation or implementation of the comprehensive plan.

b. All County employees shall, upon request by the Planning Commission Chair through the County Administrator and within a reasonable time, furnish to the Planning Commission such available records or information as may be required in its work. The Planning Commission may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized County agents or employees, and shall have such other powers as are required for the performance of official functions in carrying out the purposes of the Planning Commission.

2.3 Board of Zoning Appeals

2.3.1. Establishment and Composition

A Board of Zoning Appeals is hereby re-established, which shall consist of an uneven number of members, not less than five and not more than seven, to be appointed by the Board of County Commissioners, each for a term of four years; provided, however, that not more than a minority of the terms of such members shall expire in any one year.

2.3.2. Qualifications of Members

No member of the Board of Zoning Appeals shall hold any elective office or be employed by any municipality or county government in Sarasota County. New members of the Board shall be residents of Sarasota County for two years prior to the date of their appointment, and appointed from among persons in a position to represent the public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest.

2.3.3. Vacancies

Vacancies in Board of Zoning Appeals membership shall be filled by appointment of the Board of County Commissioners for the unexpired term of the member affected. It shall be the duty of the Chairman of the Board of Zoning Appeals to notify the Chairman of the Board of County Commissioners within 30 days after any vacancy shall occur.

2.3.4. Removal

Members of the Board of Zoning Appeals may be removed from office for cause by the affirmative votes of three members of the Board of County Commissioners. Where a member has filed to run as a candidate for any public office, their resignation shall be tendered as of the date of filing.

2.3.5. Compensation

Members of the Board of Zoning Appeals shall receive no salaries or fees for service on the Board but may receive actual and necessary expenses incurred in the performance of their duties of office.

2.3.6. Proceedings

a. Officers and Voting

The Board of Zoning Appeals shall select a Chairman and Vice Chairman from among its members and may create and fill such other offices as it may determine necessary. The Chairman shall serve a term of one year, and shall not serve consecutive terms. All regular members of the Board shall be entitled to vote in matters before the Board of Zoning Appeals.

b. Rules and Procedure

The Board of Zoning Appeals shall adopt Rules of Procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida law, and these zoning regulations. Such Rules of Procedure shall be available in a written form to persons appearing before the Board of Zoning Appeals and to the public.

c. Meetings

Meetings shall be held at the call of the Chairman and at such other times as the Board of Zoning Appeals may determine. Meetings that are not regularly scheduled shall not be held without at least seven days notice to each member. The Board of Zoning Appeals shall have the power to take testimony under oath and compel the attendance of witnesses.

d. Quorum; Minutes; Public Records

1. The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member (including the Chairman or Vice Chairman), or if absent or failing to vote indicating such fact. The Board of Zoning Appeals shall keep records of its official actions, all of which shall be a public record and filed in the Development Services Business Center.

2. A quorum for the transaction of business shall consist of a majority of the membership.

e. Disqualification of Members

If any member of the Board of Zoning Appeals shall find that his or her private or personal interests are involved in the matter coming before the Board, the member shall disqualify himself or herself from all participation in that matter and file a notice of conflict as provided by Florida law. No member of the Board of Zoning Appeals shall appear before the Board of Zoning Appeals as agent or attorney for any person.

2.3.7. Appropriations, Fees and Other Income

The Board of County Commissioners shall make available to the Board of Zoning Appeals such appropriations as it may see fit for expenses necessary in the conduct of its duties. No public funds shall be expended or be caused to be expended by the Board of Zoning Appeals without express approval of the Board of County Commissioners.

2.3.8. Powers and Duties

a. Administrative Appeals

To hear and decide appeals where it is alleged there is error in any order, decision or determination of the Zoning Administrator in the enforcement of these zoning
regulations in accordance with Section 3.11, Administrative Appeals.

b. Variances

To grant a variance from the terms of these zoning regulations in accordance with the standards in Section 3.10, Variances.

c. Duplicate Building Determination

To hear and decide appeals where it is alleged there is an error in a determination regarding duplicate buildings in accordance with Section 7.7.4.

d. Nonconformities

To grant the approval of changes in nonconforming use in accordance Section 8.2.4.d.

e. Other Powers and Duties

1. To exercise jurisdiction in matters other than the enforcement of these zoning regulations as may be conferred upon the Board of Zoning Appeals by an ordinance duly adopted by the Board of County Commissioners.

2. Notwithstanding the foregoing, the Board of County Commissioners may designate, by ordinance, an alternate body to exercise the jurisdiction herein conferred on the Board of Zoning Appeals.

2.4 Zoning Administrator

2.4.1. General

The Zoning Administrator, as designated by the County Administrator, shall administer and enforce these zoning regulations. The Zoning Administrator is authorized to act through aides and assistants. In the performance of his or her duties, the Zoning Administrator may request the assistance of any appropriate officer or agency of the County.

2.4.2. Powers and Duties

a. Interpretation

The Zoning Administrator is authorized to interpret these zoning regulations where such interpretation is necessary as provided in Section 3.7.

b. Enforcement

The Zoning Administrator shall assist in enforcement proceedings, testifying as necessary.

c. Building Permit

The Zoning Administrator shall be responsible for determining whether applications for Building Permits as required by the building code of the County are in accord with the requirements of these zoning regulations.

d. Temporary Use Permit

The Zoning Administrator may grant or deny a Temporary Use Permit, or may grant a Temporary Use Permit subject to suitable conditions, safeguards and stipulations.

e. Sign Permit

The Zoning Administrator may grant or deny a Sign Permit in accordance with Section 3.5.

f. Administrative Adjustment

The Zoning Administrator may grant or deny an Administrative Adjustment subject to suitable conditions, safeguards and stipulations and the procedures of Section 3.8.

g. Special Exception

The Zoning Administrator, in consultation with the Planning Director, shall determine whether or not proposed development is in substantial compliance with any approved special exception development concept plan. Where a proposed development is determined not to be in substantial compliance with an approved special exception development concept plan, modifications shall require review through the special exception process in Section 3.16.

h. Maintenance of Written Records

2.5 Design Administrator for Duplicate Buildings, Buildings of 60,000 Gross SF or Greater

2.5.1. General

The Design Administrator, as designated by the County Administrator, shall only administer the standards of Section 7.7, Architectural and Design Standards. In the performance of his or her duties, the Design Administrator may request the assistance of any appropriate officer or agency of the County.

2.5.2. Qualifications of Design Administrator

The Design Administrator may be a County employee designated by the County Administrator, or a person under contract with the County who meets the following qualifications.

a. The individual shall not hold any elective office or be an employee of any municipal or county government in Sarasota County. The individual or his or her firm may have other contractual arrangements with any municipality or the County.

b. The individual shall be a licensed architect registered with the State of Florida, with a minimum of five years of experience as a practicing architect.

c. Any person contracted to perform this function shall agree in the contract for employment to be bound by the conflicts and ethics rules of Chapter 112, Fla. Stat.

2.5.3. Powers and Duties

a. Interpretation

The Design Administrator is authorized to interpret the provisions of Section 7.7, Architectural and Design Standards where such interpretation is necessary.

b. Building Permit

The Design Administrator shall be responsible for determining whether applications for building permits as required by the building code of the County are in accord with the requirements of Section 7.7.

c. Evaluation of Duplicate Buildings

The Design Administrator shall review proposed buildings in accordance with Section 7.7 to determine whether or not they shall be considered duplicate buildings in accordance with Section 7.7.4.

d. Evaluation of Large-Scale Commercial Buildings

The Design Administrator shall review all proposed large-scale commercial buildings in accordance with Section 7.7 to determine whether or not they meet or exceed the requirements of Section 7.7.5.

e. Maintenance of Written Records

The Design Administrator shall maintain written records of all official actions with relation to interpretation and administration of Section 7.7.

2.6 Summary of Authority

The authority summarized in the following table does not supersede the regulations of any Section of this Article 2 or Article 3, Development Review Procedures. Additional powers and duties may be included in the previous sections of this Article.

Procedure	Zoning Administrator	Planning Director	Planning Commission	Board of Zoning Appeals	Board of County Commissioners
Zoning Administrator
Temporary Use Permit	Decision				Appeal
Sign Permit	Decision
Master Sign Plan	Decision			Appeal
Written Interpretation	Decision			Appeal
Administrative Adjustment	Decision			Appeal
Board of Zoning Appeals
Variance	Report			Decision
Administrative Appeal	Report			Decision
Board of County Commissioners
Zoning Map Amendment (Rezoning)	Review	Report	Recommend		Decision
Zoning Text Amendment	Review	Recommend	Recommend		Decision
Special Exceptions	Review	Report	Recommend		Decision

2.1 Board of County Commissioners

2.1.1. Duties of Board of County Commissioners

a. Officers and Voting

b. Rules of Procedure

c. Meetings

d. Quorum; Minutes; Public Records

e. Disqualification of Members

a. Officers and Voting

b. Rules and Procedure

c. Meetings

d. Quorum; Minutes; Public Records

e. Disqualification of Members

a. Administrative Appeals

b. Variances

c. Duplicate Building Determination

d. Nonconformities

e. Other Powers and Duties

a. Interpretation

2.5.1. General

2.5.2. Qualifications of Design Administrator

2.5.3. Powers and Duties

a. Interpretation

b. Building Permit

c. Evaluation of Duplicate Buildings

d. Evaluation of Large-Scale Commercial Buildings

e. Maintenance of Written Records