§ 72-411. Creation.

A planning and land development regulation commission is hereby created. It shall be referred to in this article as "the commission". The jurisdiction of the commission shall be throughout the unincorporated areas of Volusia County. It shall have the following membership, powers, duties, responsibilities and limitations:

(1)

Membership, place of residence, terms of office: Except as otherwise provided herein, the commission shall have seven voting members, each of which shall be an elector of the county. The county council shall appoint a board member upon the nomination of a council member for a term of two years ending on March 31 of odd-numbered years. Each district council member shall make one nomination of an elector within the member's district. The at-large member and the county chair shall each make one nomination of an elector within the unincorporated area of the county. At least five of the voting commission members shall reside in the unincorporated area of Volusia County. No elected official, appointed state, county or municipal officer holder, member of two or more other county boards or commissions, or employee of the county government shall be appointed to serve on the commission. In addition, the commission shall have two ex officio, nonvoting members:

a.

One ex officio member shall be appointed by the school board and shall attend those meetings at which the commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application; and

b.

A representative of a military installation shall serve as ex officio member to serve as a representative of all military installations within the county and shall attend those meetings at which the commission considers comprehensive plan amendments and changes to land development regulations which, if approved, would affect the intensity, density or use of the land adjacent to or in close proximity to a military installation.

Ex officio members shall not be considered for purposes of determining quorum.

(2)

Removal from office, vacancies: If any member fails to attend three meetings during any calendar year ending December 31, regardless of the reason, the member's seat shall be deemed vacant. Any voting member of the commission may be removed from office without cause by the county council. A board vacancy shall be filled upon nomination by the council member who shall have made the nomination to the vacated position or the successor to that council member. Appointments to fill any vacancy shall be for the remainder of the unexpired term.

(3)

Officers, employees: The commission shall elect a chairman, vice chairman and secretary from among its voting members. The department shall provide clerical and staff assistance.

(4)

Compensation: Each voting member shall be paid an expense allowance to be set by resolution of the county council.

(Ord. No. 85-27, §§ III—VI, 11-14-85; Ord. No. 86-16, § XLIX, 10-23-86; Ord. No. 87-25, § XXI, 9-10-87; Ord. No. 92-78, § I, 8-13-92; Ord. No. 94-4, § CXV, 5-5-94; Ord. No. 00-09, § II, 2-24-00; Ord. No. 2006-15, § I, 8-17-06; Ord. No. 2007-12, § I, 5-3-07; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-23, § I, 10-1-09; Ord. No. 2018-05, § XIV, 1-18-18)