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Fort Walton Beach Council agenda — 09-12-2006 (workshop) — reading text
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general public may be given an opportunity to present oral or written
communications. If the agency proposes to consider such material, then all parties shall be
given an opportunity to cross- examine or challenge or rebut it. The board may consider any
evidence, including evidence of the general reputation of the place or premises. All testimony
shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and shall govern the proceedings. Orders of the
board shall be based on competent and substantial evidence.
2. 07. 0350rderofthe Board
All orders of the board shall be, by motion, approved by a majority of those members present
and voting, except that at least four ( 4) members of the board must vote in order for the action
to be official. An order shall expire after one year or at such earlier time as stated in the order.
The board shall, retain jurisdiction to modify its orders prior to the expiration of such orders.
2. 07. 036Appeals
An aggrieved party, including the city administration, may appeal a final administrative order of
the nuisance abatement board to the circuit court of the First Judicial Circuit. Such appeal shall
not be a hearing de novo but shall be limited to appellate review of the record created before the
board. An appeal shall be filed within thirty ( 30) days of the date of the written order appealed
from.
Sec. 2. 07. 04. Rights Reserved.
When any nuisance, as defined in section 823. 05, F. S., exists, the city attorney or any citizen of
the county may sue in the name of the state on his or her relation to enjoin the nuisance, the person or
persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists.
This division does not restrict the right of any person, the board or the city to proceed under section
60. 06, F. S., against any public nuisance.
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Fire Fighter Retirement Fund Board
FWB Code of Ordinances 2. 08. 01- 2. 008. 02
CHAPTER 2. 08. FIRE FIGHTERS RETIREMENT FUND BOARD Page 1 of 1
CHAPTER 2.08. FIRE FIGHTERS RETIREMENT FUND BOARD
Sec. 2. 08. 01. Establishment.
The city' s Firefighters' Retirement Fund Board of Trustees shall consist of five members and be
solely responsible for administering the firefighters' trust fund. The membership composition,
appointments, and succession shall be governed by chapter 175, F. S., as amended. The trustees shall
by a majority vote elect from their number a chair and a secretary. The secretary of the board shall
keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall
not receive any compensation as such, but may receive expenses and per diem as provided by Florida
law.
Sec. 2. 08. 02. Powers and Duties.
The board of trustees shall meet at least quarterly each year. The powers and duties of the
board of trustees shall derive from those enumerated in chapter 175, F. S., as amended.
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Historic Sites and Structures Advisory Board
FWB Code of Ordinances 2. 09. 01- 2. 09.04
CHAPTER 2. 09. HISTORIC SITES AND STRUCTURES ADVISORY BOARD Page 1 of1
CHAPTER 2. 09. HISTORIC SITES AND STRUCTURES ADVISORY BOARD
Sec. 2. 09. 01. Establishment.
There is hereby established an historic sites and structures advisory board.
Sec. 2. 09. 02. Purpose.
The purpose of the historic site and structures advisory board shall be to advise the council on
rules and governing various situations relating to historic sites and structures in the city and
regulations
to recommend structures and sites to the city council for consideration as locally significant historical or
archaeological resources. The board shall cooperate with the state department of state and the division
of historic resources in the identification of historic and archaeological resources in the city.
Sec. 2. 09. 03. Composition.
The historic sites and structures advisory board shall consist of seven persons. Whenever
possible, these persons shall include an environmental lawyer, an architect historian, an archaeologist
and an American Indian.
Sec. 2.09. 04. Chairperson.
The historic sites and structures advisory board shall designate one of its members as
chairperson for each calendar year.
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Municipal Planning Board
FWB Code of Ordinances 2. 011. 01- 2. 11. 13
CHAPTER 2. 11. MUNICIPAL PLANNING BOARD Page 1 of 4
CHAPTER 2. 11. MUNICIPAL PLANNING BOARD
Sec. 2. 11. 01. Establishment.
There is hereby established a municipal planning board.
Sec. 2. 11. 02. Powers and Duties.
The municipal planning board shall have the following powers and duties under the provisions of
the Land Development Code:
1) To serve as the local planning agency ( LPA), as required by ~ 163. 3174, F. S.;
2) To prepare or cause to be prepared the comprehensive plan, or any element or
portion thereof;
3) To prepare or cause to be prepared the land development code ( LDC);
4) To initiate, review, hear, consider and make recommendations to the city council to
approve, approve with conditions, or deny applications to amend the text of the
comprehensive plan;
5) To initiate, review, hear, consider and make recommendations to the city council to
approve, approve with conditions, or deny applications to amend the future land use
map of the comprehensive plan;
6) To initiate, review, hear, consider and make recommendations to the city council to
approve, approve with conditions or deny applications to amend the LDC;
7) To initiate, review, hear, consider and make recommendations to the city council on
applications for development permits to approve, approve with conditions, or deny
amendments to the official zoning map of the city;
8) To hear, review, consider and make recommendations to the city council to
approve, approve with conditions or deny applications for development approval for
developments of regional impact ( DRI) or substantial deviations to previously approved
developments of regional impact or proposed essentially built- out agreements for DRI' s;
9) To hear, review, consider and make recommendations to the city council to
approve, approve with conditions, or deny applications for development permits for a
planned unit development, subdivision plat or zero- lot line subdivision;
10) To hear, consider, and approve, approve with conditions, or deny applications for
development permits for development or redevelopment located in areas of the city
outside of the redevelopment area as required by the land development code;
11) To hear, consider, and approve, approve with conditions, or deny applications for
development permits for conditional uses;
12) To hear, consider, and approve, approve with conditions, or deny applications for
development permits to expand, enlarge or change a nonconforming building, structure
or characteristic of use.
f~
13) To hear, consider, and make recommendations to city council to approve, approve
with conditions, or deny proposed development agreements, according to the procedure
specified in the Land Development Code;
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CHAPTER 2. 11. MUNICIPAL PLANNING BOARD Page 2 of 4
14) To serve as the land development regulation commission pursuant to ~ 163. 3194
2), F. S.;
15) To make its special knowledge and expertise available upon written request and
authorization of the city council to any official department, board, commission or agency
of the city, state or federal govemments;
16) To recommend to the city council rules of procedure not inconsistent with this
section to govern the municipal planning board' s proceedings; and
17) To make studies of the priorities, resources, possibilities and needs of the city and
to report its findings and recommendations, with reference thereto, from time to time, to
the city council.
Sec. 2. 11. 03. Membership Qualifications.
Members of the municipal planning board shall be a resident of the city for two years prior to
appointment, and a qualified elector. No member of the city councilor a city employee shall serve on
the municipal planning board. Although no specific experience shall be necessary as a prerequisite to
appointment, consideration shall be given to applicants who have experience or education in planning,
architecture, law, natural resource management, real estate and related fields.
Sec. 2. 11. 04. Membership Composition.
The municipal planning board shall be composed of seven members, to be appointed by the city
council. In addition to the seven members appointed by the city council, the local planning agency shall
include an ex officio member who is a representative of the Okaloosa County School District appointed
by the Okaloosa County School Board as a nonvoting member. The municipal planning board shall
include: an ex officio member who represents Eglin Air Force Base as a nonvoting member; and an ex
officio member whorepresents Hurlburt Field as a nonvoting member.
The school board representative shall attend those meetings at which the local planning agency
considers comprehensive plan amendments and rezonings that would, if approved, increase residential
density on the property that is the subject of the application. Neither the school board representative
nor the representatives of Eglin Air Force Base or Hurlburt Field shall be counted in the quorum.
Sec. 2. 11. 05. Terms of Office.
All members serving on the municipal planning board on the effective date of the LDC shall
complete their terms according to their prior appointments. The term of office of each member
appointed under the LDC shall be for 48 months, which term shall commence at a time specified by the
city
