§ 101.01. Powers and Duties.

The City Council (the "Council") shall have the following powers and duties in addition to those specifically provided elsewhere in this ordinance or by state law. The Council's authority shall include but not be limited to approval, approval with conditions or modifications or denial. The Council shall have the authority to:

A.

Appeals: The Council shall hear and decide appeals where it is alleged that an error has been committed in any order, requirement, decision or determination made by the PC pursuant to the LDRs, except where state or City Code specifically provides otherwise, according to the procedures outlined in Article 17 "Appeals" of Chapter 102.

B.

Conditional Uses: The Council shall hear and grant or deny a request for a conditional use in certain districts as specified in Article 13 "Conditional Use Permit" in Chapter 102.

C.

Beneficial Use and Vested Rights: The Council may deny or grant with or without conditions, relief pursuant to the recommendation by the Hearing Officer regarding beneficial use and vested rights of a property as provided in Article 18 "Beneficial Use Determination" and Article 19 "Vested Rights Determination" of Chapter 102.

D.

Administrative Relief: The Council shall hear and grant or deny requests for administrative relief from the provisions of the permit allocation system pursuant to the requirements of Article 1 "Building Permit Allocation System" of Chapter 107.

E.

Appointments: The Council shall appoint members of the Planning Commission, boards or committees.

F.

Comprehensive Plan Amendments: The Council has the authority to adopt, adopt with changes, or reject proposed amendments to the Comprehensive Plan as provided in Article 6 "Comprehensive Plan Amendment" of Chapter 102 and any Evaluation and Appraisal Reports (EARs) prepared to update the Comprehensive Plan. The Council shall also have the authority to repeal ordinances adopted to amend the Comprehensive Plan including amendments to the FLUM map without prior review of the repealer ordinance by the Planning Commission.

G.

LDR Amendments: The Council has the authority to approve, approve with changes or deny amendments to the text of the LDRs in accordance with the provisions of Article 7 "Land Development Regulation Text Amendments" of Chapter 102. The Council shall also have the authority to repeal ordinances adopted to amend the LDRs including amendments to the official zoning map without prior review of the repealer ordinance by the Planning Commission.

H.

Zoning Map: The Council shall adopt and amend the official zoning map in accordance with the procedures outlined Article 11 "Rezoning" of Chapter 102.

I.

Consideration of Other Actions: The Council has authority to approve, approve with conditions or deny the development applications and other proposed actions listed below:

1.

Such action deemed desirable and necessary to implement the provisions of this chapter and the comprehensive plan, including acting as the local planning agency for the City under Fla. Stat. § 163.3174;

2.

Development agreements as provided in Fla. Stat. ch. 163.3220;

3.

Developments of Regional Impact (DRI) as provided in Fla. Stat. ch. 380;

4.

Final subdivision review. Review final subdivision development plans and approve final plat for recording in accordance with the procedures of Article 12, "Subdivision Regulations" of Chapter 102; and

5.

Review requests for borrowing of allocations, banking plans and good cause extensions.

J.

Transitional Provision: Effective midnight February 13, 2007, all of the Planning Commission's current functions relating to review of development permit requests, except as provided in Section 101.02, shall be transferred to the Council, except for the completion of the PC's then pending docket.

(Ord. No. 2014-22 , § 2, 1-13-2015)