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HomeMy WebLinkAbout1954-10-18 (88) Regulating Building Heights ORDINANCE, NO. AN ORDINANCE 'REGULATING"•AND RESTRICTING .THE HEIGhhT, NUMBER .OF STORIES, AND SIZE OF BUILDINGS AND OTHER -STRUCTURES,, THE PR- CENTAG?E "OF LOT THAT ?SAY BE OCCUPIED, THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES: THE DENSITY OF POPULATION, AND' THE LOCA- TION . AND USE OF BUILDINGS,- STRUCTURLS, AND LAND AND .W ATER FOR TRADE, INDUSTRY, RESIDENCE A'ND• OTHER PURPOSES-'WITHIN• THE CITY OF Z:;PHYRHILLS., FLORIDA. BE IT ,Ki OWN: THAT WHEREAS, it has been-found and determined by the City' Council•• of the City of`.'Zephyrhills that in the promotion and preservation of the health, safety, morals and/or •the general welfare of the City- of Zephyrhills, the City Council should regulate and restrict the :hei'g'ht, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied', the size" of yards, courts, and other open spaces, the. density ,of population, the location and . use of buildings, structures," and land and water for trade, industry, residence and other purposes within the City :of Zephyrhills. NOW, TFEREFORE, , T3J IT ENACTED AND;.ORDAINED.BY THE CITY COUNCIL OF THE CITY" OF `ZEPHYRHILLS, FLORIDA: Sec. 1 (a) ESTABLISHMENT 'OF DISTRICTS: ' For..•the purpose of,- this .Ordinance in promoting' the public health, safety, morals ' and .general welfare of the community,. the City of Zephyrhills, Pasco County, Florida is hereby divided into -six (6) types of districts: (1) Residential A-1 districts'; (2) Residential A-2 districts; ' . 1 (3) Residential A-3.-districts ;. , (�+) Residential B-1 districts; • (5) Business districts; . "(6) 'Business and Industry districts. , The boundaries of each of these, districts are hereby defined and established' as shown on, in arid: by: the . comprehensive zone plan .tap entitled:,'"Zoning Nap of the City of Zephyrhills, Pasco County, JFlorida" ,which, .together withail explanatory matter, accompanied by the written description ,'f the zoning definitions and -restrictions: attached.hereto:, was, submitted.: to, the City Council on the '.: A. D. ..l.9 ,. and.: is on file with ;the. City. Clerk and is hereby :adopted,, established, and ordained - to be the, official: zoning; plan of,-and for the City of -Zephyr.hills, :'Pasco County, ' Florida, and is hereby declared to be -a part of this Ordinance'. '(b) INTERPRETATION 0 ' :DISTRICT BOUNDARIES: Where uncertainty exists with respect to .'-the oundar .es of any of the: aforesaid districts as shorn on: the zoning "-map, the following rules shall. apply: d;(l): Where' the.:district` boundaries : are indicated ,as approximately following the, center -lines of streets, . highways :.. or alleys,".or their extensions, street lines highway right-of- way lines, railroad_ rightof-way lines-, or alley lines of' their extensions', - such center lines or their: extensions, ` street'- lines, .right-of-.way• lines., alley:lines or their. extensions as"they. existed- on U 1954 shall. be _ construed to be such boundaries. (2) ' Where -district boundary- .lines are.. so indicated' that° they approximately follow: the lot lines or their extensions, such lot, lines shall be construed to be said boundaries (3) Where district ,-Boundaries "obviously- do not coincide with 'any of the+l aforesaid lines, ' and- are so', indicatea ,that' they are approximately` parallel. to the center lines,. or street -lines. of ,-streets-'or. alleys or projections thereof, or -:tile center lines or.. right-of-way -lines of highways or railroads or projections ,thereon, or the lot lines or: projection thereof, such district boundaries -:shall ' be construed as being parallel thereto and at such. distance therefrom' as indicated on .the zoning,-`'map. If no - 2 - i y' y 1 . distance is given, such dimensions ':shall be'.:,;detera.ined by the use :of the, scale shown on said zoning inapt (4) here' the boundary of,.a -'district- follo•�is' a , stream, lake., or .other body of water, said sa d boundary line shall, be deemed to be :at: the limit: of the : jurisdiction of tie' City of 2ephyrhi ls, Pasco County Florida, unless otherwise indicated'. " -Sec.. 2 DEFINITIONS: Certain terms or words in this ordinance shall be defined, :for:.the purpose" thereof;:as follows: l) TENSE::':' •Words."used in the . resent. tense; shall -be understood to include;':the:`.future "..tense unless-'otherwise' clearly indicated (2) SINGtJLA.R INCLUDES PLURAL: The singular number , includes':the "plural ,and the plural the singular. (3) PERSON INCLUDES CORPORATION: The word "parson", includes, a corporation, , association'.or .•company .as well: as an individual. (4) LOT INCLI7 v., rLor: The word "lot;'. includes the word '11plot" {or•.."parcel. ",. = (5) S #1LL ' IS MANDATORY, The .term "shall" is always : mandatory. . 6) :USED OR OCCUPIES:' The word .' used" or :"occupied" as applied to any land, ,building or "structure "shall, be construed to in- clude the words "intended., arrange , ;or designed: to be us'edr>or occupied ea. (7) Ar Lay:";: .A..permanent.aerv3 ceway providing a secondary means.' of access to abutting properties For the . purpose of ,this ordinance,, any ,street ,or=Wane' less than.- twenty--five (2.5)' feet ',wide`:,, (8) BUILDING: Any;.: structure having -a. roof' supported_ by columns or by walls and intended•,for: the', shelter,. ,ho nnsing, or enclosure. of persons, animals or .:chattel., ' ' Building" •includes "structure".. (9) BUILDING, .ACCESSORYs A .subordinate building, or portion of •the main` building ,on ,a lot, the use of :which is customarily incidental to that, of the :main. or principal'; building. - 3 - (ZO).. . BUILDING, FRONT LINE OF: The .line of the face of: the building nearest the front or .street..line. of '-tne' lot. . .°: This face includes sun, parlors and covered porches whether enclosed or un-enclosed. :but does not include. steps. (11) BUILDING,_ PRIUCIPAL : .A 'budding' in which is .'• conducted the .-main, or Drincipal .use of the', lot on :which- said building .is situated 3 -in the case of certain, residential di'stricts', the building located ;most; ndarly-"adjacent,`to. the . front lot or street. line, (12)'' DISTRICT: Any section-of the City of Zephyrhills, JF16rida,': for:wG_ich the regulations governing the .uses of buildings and premises or the height and area of buildings are uniform: (13). DWELLING: A bvilding-'designed:'or used exclusively as the living quarters for one or,: more.: families:' (])+) LINE,, STREET: ' _ ,The dividing line between. the street` and the lot. (1 ) LOS,"" FRONT LINE OF; The street line upon which. the lot abuts. In the case of' a corner'. lot the 'front" of the lot shall be. -taken as,t1n t.I-abu'tting..the ' street .line.:upon .which. the lot: has .the least- frontage where' the ;width- or lesser; 'dimension of the lot is lass than ;ninety (90) ..per "cent.of the . depth or greater dimension. i1here the width is equal to or greater..: than ninety (9 0) per cent of the the owner may elect to call either street line the .front .of. the.. 1st.,-'if, said', election: conforms to the requiremeints., of-. this ordinance. (16) ": NON-COs FOR4 Ia USE: A structure . or, land lawfully° occupied by a use that does- not,'aconform -to the regulations of, the district in ,which-' it iv$ situated;,' (1?.) DEFINITION OF-.-SECONDARY-.BUILDING -OR DWELLING: :A dwelling for, one family. built in the near portion of the lot and erected-:either": simultaneously.with or .after' the erection of another dwelling on the front of the lot, (18) :USES BUSINESS: .Moans' that tne :use of: the land and the .structures thereon:.pertaining..to .activities . (1)a which I are not -strictly" ,commercial ire, character,; " such as those' activities conducted in offices and establishments rendering personal services; and (2) which are strictly con ercial- in character indicating an exchange.. of goods, wares or property by purchases .or :sale. (l9) USfl, -INDUSTRIAL:.: ,,Means '-that use of. the land and.. the structures: thereon pertaining "`to those. manufacturing ,or. :. other operations throughi which marketable corn&odities are produced. (.;20) USE, RESIDENTIAL: Means, that :use of the land... and the • structures- thereon dominantly for, dwellings;ie:;,.:'.for, living and seeping .occupancy thereof by persons. (21). :YARD. An open space on the, same lot' •with' a buildings unoccupied°:.and. unobstructed from .the •ground upwards except, -as otherwise .:provided, herein: . In .ieasuring .a' 'yard for the ,.purpo'se of -deters fining .a side yard the, depth of a. front yard or the depth of a rear yard, the minimum horizontal distance between _the lot line,and the: main, .building shall be 'used. (22)'- .YARD, FRONT: An open unoccupied snag; on the same lot with .a main building, extending the full width of the lot,' and, situated -between••the "street line . and.the. front' line of the building ,=prof ected to the side:!lines, of .thhelot.. .The ,depth of the• front yard. sha?.l ,be, measured between the front line;•, of! the building and . the street line. . Covered- porches,,, whether enclosed or ,unenclosed, and ":bay w ndows, shall,.be.':considered as part of the, main building and "shall not. project" ,:into a required. front yard: (.23). YARD, SIDE: An_open .,space unoccupied (except for: open: •air -off-•'street parking) on ' the .same lot with a; main building, situated between .the ••side line of, the building ands the adjacent side .line of- the "lot.and •extending' from the rear line, .of the :front.:yard to :the front,, line .,of the rear.:.yard.'• If no front yard is, red@�,: the front boundary of the side yard:., shhal be the front line :of the lot::and if no, rear yard ,is required the "rear" 'boundary of the :s+de `yard shall be t.,e rear - 5 - line of .-the, lot: Sec. 3' . . GEL RAL"_PROVISIONS A. tVPLICATION:-OF REGULATION'S 1 ., ;,;.No building .or premises_' shall be erected; altered moved, or used for .any other than a- purpose-:permitted in' the district;in which such building shall ,'be erected, except in conforr 9:ty.;with the regulations herein described an :the district; in. which :such building is to >e "loc toa. ' This section shall in, no wise -be considered -as retroactive. 2. No building shall hereafter be .erected .or al.tere: (a) `-To •occupy a. greater percentage of lot' area or (b) To have narrot�er, or smaller front yard or side ' yards, than .. than is specified herein herein `:for the district .in which :such build.. ing is located. 3.: No .part of a yard- or other open space required about any `uuilding .for the,purpose of :comp.lying, .with the provisions of this .ordnnance shali be included as a part of: ai .;yard.,or" other;'oiler...' sn .ce ;similar.ly:,required for• another, building. -. Reduced''-Lot, Area no lot. shall' be so ,reduced -'3:n area: that.. any required open ,space. will be•-smaller, than •prescribed �'.;.in: the regulations for the district in which .said..:lot.. s located When eneri, such, reduction_ in lot. area occurs, .any building "located' on said lot srallf not thereafter`, be used until such building is altered; : r:econstructe'd, or relocated so as to comD1 with.°the area and yard.:°requirements'._applicable 'thereto 5• ' Traffic visibility across corners- In any residential district:,herein':provided, no .,fence, public utility s.tructr `, sign or any planting , shall :be ,maintained °within . (30), thirty feet /of any corner street' curb line intersection so as to interfere a7ith traffic visibility across the corner. This, does not apply -to fences: or bushes on private,.property less than thr.ee. (3) feet' high i above` the curb level. 6. '. Accessory building No 'part' of any _accessory build- ing•. .'shall 'be less than seventy (70) :fe,et of any front street line" - - nor shall extend within ten (10) :.feet .of any side ,.street 'line, nor less: than seven and one;'half+ (7*) feet from .,inside' :lot line, nor les's than ten (10) feet: from; rear lot .line': B. N0I4'_CONI`GRV ING USES. 1. Continuation - The lawful: use cf'`:any building or land' existing;-at the time•'of the . enactment..of ..this ordinance may be continued although such use does not conform with the provisions ;of oral nance. 2. Abandonment t1 zenever -a :nonconforming use' has ;been discontinued;:for a,period of one (1)-:year, . such' use shall not tlier.eaf-ter be re=established', and. any Future:. use •shall- be n conformity with the provisions of .this' ordinance. 3. ,, Alterations::�- A nonconforming building may not be; r,ecoristructet or .structurally. aitered' 'during. it,s life to an extent :.in aggregate cost exceeding twenty-five . (25) per cent of the assessed value of the' building at , the ,,date ;-of''passage of this ordinance unless said bui1'ding is changed to a conforming use; :- Changes *. No building or land :once, changed to a conforming use shall"' be perm t;ted to revert to a nonconforning use: 5. Displacement - No nonconforming :.use..shall be extended to displace, a .coni or ing use.. • D1Str ct Changes Whenever the; boundaries of a district• shall be changed so as to .transfer an' area from one; district to'- another district ,:of: a different classification, the foregoing provisions shall also•'apdyy to any nonconforming use existing therein 7: 'Unsafe structures,.. -.. Any.structure or port :on thereof -declared unsafe .by•.a proper authority may be rebtored to a safe condition.' - 7 - C. ISCELLANEOUS., REGULATIONS 1 .,` -All structures, except in industrial districts, must at least conform :to other structures ;in: the areal in which they are .to;.: be : constructed. and .shall be of.a nature that in no way could_"bo• 'considered,.detrimental, to . that area or detrimental'' to the city in whole or part: Sec. RESIDENCE A 1.�A)ISTfICTS (a)'. Uses: ttJithin any Residence :A-l..distr.ic t' as indicfte : :on the zone plan no building or � ' premises..-shall• be' used and no .building or structure shall be greeted which is }r intended .or 'designed- to be used , in prole: or in part for:, any industry, trade'., manufacturing ox commercial' purposes ' or other than the -following specified purposes• . A single, .one family' dwelling. 2 Public Parks 3. Public 'Libraries. public fiu'sBums;;: 'provided..however, these is no display visible frori the street or advertising` on the premises . ':Churches and other. ' places of•.worsn'ip, far.-ish houses .and SundaySchool Buildings (b) Lot Area: £esidence A-1 district lots :shall be not , less than six' Thousand,. Five_•Hundred (6, o) square feet in.Y area.: with"a minimum width of. a Fifty feet' (50) ; ° (c) Build ' real '' No principal building. shad be erected tn Residence' . -1 district Frith less than Nine Hundred Sixty (960) square .feet of area. 'the aroa-'of the building;' shall be computed from the outside :finish :dimensions of the -building, including attae _ed garage's-, breezeways,' .and porches, according to th-e.. following described method, of -ca .dilation. The area of •screen;e porches:, -scree 4d breezeways:-and- garages,:designed" and, built integral -with the'.''nain: pr.otion of the; -residence may be included and shall be calculated" on a' basis ;of Fifty ( O) A '' cent of the actual; area cave age. The area of open porches ;and Porte coch;eres designed.,and guilt integral with the main'-,portion of the re'si'dence may ,be " included .;and shall be calculated.'on a r. 4 basis of thirty--five (35) per, cent of the actual area coverage. • The area of. the main portion,:of the principal. .building , other than that specifically described above, shall be calculL>ted on a basis of. One undred (100) er, cent of the actual �r'.a :covered thereby. (d) Percentage of Lot Coverage: All buildings , . shall not cover more than thirty-five (35) per cent o f° t1i.a area of the lot'. (c) Front Yards (1) A 'front yard .shall bc' ' provided 'Zvith a depth of not less. .tl sn twe.atj (,20) feet from the street line, provided, that no story-or part of any building shall be erected nearer to the street .line, of any street it faces than the average building .frost line of the. corresponding stories or pasts of existing buildings within ttvo hundred' (200): feet on each side of the lot and- within the same block and district. Uncovered porches, .paved- patios and terraces ray. project not more i.tan tent,�-five (25) per cent of the required front yard depth in front of the front wail of. the rain building. (2) On corner lot, the. 'Duild3.ng,'side .linne along ti"Ale secondary street shall be not less than ten :(10), feet. (.a) Side Yards': There shall be "a side .yard along each s i'de lot' "line. No .story or part 'of any uiZ':a.irg' sl all be erected nearer Lo' the side lot line than seven and one-half (7*) feet except as provi.aed "for corner:' lots: (b) Parking ;3ppacess 'The above provisions, not with-- standing every principal'. single, family dwelling use" shall provide, in."connection there.:=itb , garage parking or' storage space for. off-street parking, or a combinatio . .of both, for " not less than two (2) automobiles (c) 3.econoary Dwellings: No secondary dwelling shall be permitted in .tf.e P-A-1 .Area. RT�I DENCE, .B-1: A. Uses: . Within any residence B-1 distract, as indicated on the-, BLildin Zone Plan,. no building or prerr�ises shall be used, andd, no building or 'structure shall be Prec"ted 9 v which: is intended or designed to :be ,used, in whole or in part, for any industry, .trade, manufactures • or coMa-ercial: purposes or:-for:.other. than one or. mnot',e. of:.the'.'following specified purposes: 1. - any use permitted in: Residence A-1 subject to all 'the previsions ':specified: for such Residence` A-1.` A'.,building for two::families detached,,' semi-detached,'' or .oetween party walls.', -3.: The renting,' of rooms or . the furnishing of •table board` aceom ®dating' not more than ten:, (10) ,persons -i'n-ia dwelling occupied as"'a- •private residence.ii- , ,' The office of .a P'nysicien or Surgeon, Dentist, Musician Lawyer, Architect, or other ,like professional person residing ;can the premises; provided that there is no _external evidence of such ,occupation and :no display, visible from the: street :nor' ad vert.ising except a small "professional. name -,plate',. such office shall not .occupy more than one fourth ( ) o;f.' the floor area of .• the: residence : . . .: :Customary home occupations, such as .millinery, dress taking',' or •hairdressing, L '"there is. no external evidence of , , •, L •; a .. .'i ` ': such: occupations, such as ,display of goods visible from,:the street . 1 and exterior advertising, :except for a small -announcement.,- or professional nog-illuminated sigh, provided that such occupation be, carried.. on by °'a person only within' the dwelling used y bar him as his private residence, and'.. provided further', that such occu- pation shall not occupy more •than one third (1/3) of the floor area of his residence and provided ,further th'.t such occupation shall riot oe,..carried. on i_n'•,an accessory :building .or secondary dwelling: B. Lot area; The lot.. 'area. shall :be the same as its Residence,:.: -i' district. C-; ' Building' ' red; No principal building shad be�;, erected wx•th. an- area less than nine hundred sixty' :(960) squae- feet, except as provided for single family residence. which shall be computed, the , same as in- R-:P-1 "district. ` ,.,The area of the building shall be computed from the outside finished - 10' r dimensions of the building proper, exclusive' of porches and breezeways, Scree, or op(n. garages or ,pote GOcheres, attached o, detacbe:i, and Who area 'of said. building proper shall b calcaGrp on a basis of hundred (100) per cent of the actual ar_ a covered thereby. No Lar;3ily living unit shall contain less than four hundred -(-00) stare feet of floor area.. - D. $econdary dwellings : there a lot has a ceps n of 35 feet width not less, •{-ham 60 feet, a secondary dwelling, .L .�V�V and �.'��'.A Jti V L ti.1f�L�1 which ay be co'ibined with a private garage, ttaay be built, in the roar of the principal :'wo1' iii"ig, provided,' it is not. more than .we t r (2O) feet nigh, th t there are not loss than twenty (20) feet between principal and secondary dwellings , tat . _4:e side yard regulations apply to the aides and .boar of the secondary dwell- ing and that a driveway, or •oaseu ont not less than ten (1.0) feet wid@ 3^' maintained to 'give access t._eroto from the street. or', alley, provided however that no such secondary dwelling shall certain loss than x'•00 square feet. " E. r arl 'tng s dace: For. ,every principal dwelling- or multiple dwelling or secondary dwelling there shall be provided parhing. space" for at least one car for each fa roily unit. 1.d3IiENLE -2 A. Uses: All uses 7,,a: initted i:, E,sidence B-1 districts and subject to all the rrbvisions specified fflr such PLesidonce B-i districts, ith' tt-,e. exception of sub•-section "C as follows: G. Building ~area: Nd principal building shall be erected in residence.' A--2 districts with loss than seven hundred fifty (7O) square feet f area. The area of the building 7 shall be computed the same. as for residence n-1 districts. DJ 0S_ A-3 ' . " ', . ' A, Uses : 11_l uaes permitted n '{esidence & l , 8-1, and =`1._2 """is,rJLcts and subject to all the a.rov1sions specified for such residence in tI-).e said. districts with the exernrtiori of sub--section as. fO ti rJ 4S TIlT. 4. S C. Building Area: No ,:rincipal bixild_in-g shall he erected in .Residence -3 ':1isuricts wt ft than' five hundred. e.igLtJ ( 8o) sc'ua.r .fe'f t of ar . The a't,. a of ache bu.ilaig shall bo cop .t ;d the sarne.'as "or residence A.- . � l and residence • 4-2 districts. A. Uses ith1n any. Dusine^s 'r'istr$ct, no building or. pre--:lees shall Ike Dr led, used, arraz ed, or designed to be . .seed in- ':hole or In part for other than one or more -of the f ollowing spec-i f led .uses e i : .1 . All R sider}ce A--1, ,%�2- '-3, and B-? district uses, subject, to . all the- .provisions s-pecified for such. :'esi4ence _g-1,' 41-2, A-3,. and .B-'' di-strict,' .oxcopt that all- residences constructed in' a ousiness district shall. c.onorrn to the requirements of he nee. est adjacent re:slaential ,clistrict. '. .2. >tbros a.nd•. shops for tie -conducting of any retail or l*bi.olesale is o.siness. a. 3-an?;s, offices, studios,. hotels, :Newspaper business and adrnin.istra Gi ve, off ices' Touriwt-scour-s -or r,oteis. +. Open air automobile parking -Lots not used car lots) . Tr,ansporcation pssnger st ti®ns and depots. 6. Movie pictures or theatres, billiard or pool', parlors , boz.rl;n; alleys, skating rinks, or similar recr e,-,ti'on uses. ;or places of assembly ' • 7. , a4estaur .nts, tea rooms, afos, drive-ins, and other :.laces serving• food or beverages. Private , schools conducted for ..gain. 9. Undertaker. 10. Telephone -;t-Qlegraph,, and express : office.. •- ,. FilUng :stations. 12. aking, caterer, eonfectlonarur, dr essnalc:s.r g, tailoring, vein, dry cleanu_n.7 and laundry receiving and. deliver, job printing, carpet, rug or bag cleaning, uphos.s.tering I and, ,similar enterprises, . metal. working., bla.cksmithing, tinsinithing, plumbing, gas, stearn or -water -pipe fitting, enameling, japanning or lacquering hand brush , tpli.ed, stone or monument display and' sales only, and all retail business of a similar and no:snore" objectionable ciiarsc'tei . subject to the followin provisions,. 13. Public garages. Sec. ,5. INDUSTRIAL .:�.1`aD� 1USIN aSS DISTR1:CTS A. ;;ses. x 11 uses not othe.iise prohibited by law or ,as otherwise .specifi.cally provided.. 3. o1esale or storage of petroleum products, subject to the National Boa ,d. of F1r , Underwriters standards and subsequent amonaments thereto. C. The follotiring shall "'ce prohibited: L. any trade, . i ndusll,ry: or use the operation of which is.~.noxious, offense, or injurious to the -properties,.. or. the occupants .thereof, in districts".- of higher restrictive classification •,:by..reason off° the omission .of odor, dust, dirt, awo�Le, gas,, cinders, fumes, noise, refuse matter, varor, vibration, radio- activity., ;-or other iii_milar substances or conditions. An;; in iustry or use the operation of \rhich may cause a.. blight .to the other areas , of -.t e Ctj or. to he area upon. : which said operation shall occur unless provisions are estan-- lished and maintained for the control of .such blight producing substances , conditions or operations, and in the case of temporary operations producing blighted conditions, to the, land upon which said operations shall occur unless said. 1rma.nd . shall be reconverted to ,its previous condition- of stability. Sec. 7 Ei FORCEMEN T. it sia11 bc. the duty of the Building Inspector to :enforce Lhe provisions of this ordinance . He shall refs i to • grant .a permit for the use of' premises or the. construction or alteration of any building if the use of the buildng as constructed or altered would , be violation of any ,of the provisions 13 of this ordinance. thy misstatement or inaccuracy on the application fors a permit'':or any violations of the provisions of, this ordinance- will be sufficient- grounds for the revocation,' of the permit. by the , Building.'inspector.'' Sec, 8 FILING ?LAT.,. PLAN: .All .applications for building permits !ade shall be accompanied. by "plans:•endorc-ed by the applicant, in duplicate, dram to scales shoring the actual dimensions, radii's and an les: of the:;lot' be built .,upon, the exact size;.and* location on the lot of. the building and accessorj buildings to be erected and such other information as :may be necessary to determine• and. provide ' for the enforcement 'of this .'ordinance. 0ne copy of: such ,clans shill', be roturned when _approved: by the Building : Inspector, to the .Owner. Sec.9. . _ a BOARD OF .DJUSTMEL T: ., A. ORGANI7ATIoN 1., A•,Board of _A'd justmeht• is '-hereby-established In accordance wit the provisions of the Florida -Statutes, Chapter '. 176, Municipal Zoning, applicable thereto and tray make special exceptions to the:,terms',of the ordinance in harmony with its general purpose and intent and it accordance with general or specified rules therein contained, ' • 2. The Board of Adjustment shall consist of five (5) members appointed ,by ;the Mayor and :approved by the City. Council, each to " serve for m ;term of two (-2_) . year:s. such l: members to be appoInted as soon; after this -ordinance takes effect as is practical, as follows: _ -I Two members. appointed for one year terms Three .members appointed for two year terms , and that thereafter such members°.will : be appointed for two year ,'.terms., as above:provided and such members ,:;shall be removable; for : . : cause ..by the appointing- authority;upon written •charges and after public hearing-. . Vacancies= occurring :in said Board of Adjustment shall ::be filled .in a ,like manner. Vacancies „shall be f'ill'ed for the ,unexpired period.,only of the unexpired term- of any member whose ;term .becomes, vacant. .. 3. The Board shall adopt rules in accordance with the :. provisions of any ordinance adopted tacdopted' pursuant to. Law. Meetings of the Board shall.-be, held at the call of the ,'chairman and at such times as the Board, may determine. : Such chairman, , or in his absence, ,.the .acting :chairman may administer oaths and compel !' the attendance of witnesses.:, All..meetings ..of the Board shall- be open .to the, public'. The Board shall keep minutes of it proceedings, .'showing:-the. vote of each member upon each question, or if absent. or: -failing to, vote, indicating; such fact, and shall keep records`of its examinations and. ,other official actions,, all of which' shall .be:,immediately filed in the office of the -Board and: shall. be ..a public .:record; it ; The .concurring:vote` of four (. ) members of the Boar' shall -be. -necessary to decide , in, favor ot.o the' applicant any, "matter upon which said Board Is :required.' to. pass ..under. the .'provisions: of this ordinaries. B:: APPEALS, HOW TAKEN 1. Appeals to ,the .Board of'.Adjustment may be taken. by any pe R son aggrieved or, by any ,of leer or bureau of the City of Zephyrhulls af ee.ted by any ,decision'of .the -Building 'Inspector. 2.' Such appeal shall be,.taken within -a, .reasonable. time as shall be prescribed by the Board of, Adjustment .by 'general` rule,.. by;filing with the Bull di: Inspector, from ,whom the ,appeal is . taken .,and with the ;card ' of Adjustment a notice. of, ap :,sal specify.i:rig, the :,grounds .:thereof. 3.` The Building` Inspector. from whoa the .appeal is taken '.shall orthwith' transmit to the Board all the papers constituting the record upon. which•,the,-'acti 3n. appealea from was taken: -1. 15 � .: , . C, POYJEIRS OF T 2 BOA RP The Board of adjustment shall have the following powers : 1, To hear and decide appeals where it is alleged there is error in any order, requwromont, decdsions, or determ nation made by an administrative official: in the - enforcement of this chapter :or of any ordinance adopted pursuant theeto. 2. To hear and dec '..de speci :l exceptions to the terms of the ordinance upon which' such Board is.-required to pass under' such ordinance. 3. To authorize upon appeal in speci..ic cases such variance froir the ter +s of the .ordinance as will not .be contrary to the :^ublic- interest', where owing to special conditions, a literal, enforcement of the' provisions of the ordinance will., result inunnecessary hardship, and so justice be one. P. PECI SIOT,I OF .THE :'GAS In exercising the . above ~ entioned powers, such Board may, in conformity with the rovision:s of 4h" s chapter, reve;:°se or affirm, wnol.ly or partly, or may rodiy tt:a order , requirement, decision, or eterfnination appealed from and mty' make such order, requirement, decision or deter ina,tionas' ought to be made, .and to than end shall have all the powers of the oCficers from whom the a peal is taken. The concurring vote of four. ()-) members ' of the Board shall be -necessary .to . reverse -any order, requir'oment, decision or determination ,of any such administrative, official, or to deei<1.e in favor of the applicant on any matter upon, which it is:'required to pass.- under any such ordinance, or to effect any variation in. such ordinance-, D. PENALTY- FOR VIOLi'IC ti Any person who shall violate any of the provisions of this ordinance or fail to: comply therewith or with any: of the requirements thereof, or fho' snail build or alter any building in violation of any detailed statement or-' Ian submitted, and approved hereunder, shall for each and every violation o1 - 16 - non-compliance ,be.; guilty of ,a misdemeanor, <and, :upon c°,onvictiori thereof,; .shall be'. fined not more than five hundred dollars ',($500) or, be imprisoned for not 'iore than sixty" (6C). days : and each , day such violation is per ritted ,to exist shall constitute;'a separate offense. : The owner:.or: .o ners of ,any' building or premises or part . thereof,' 'wher.e::anyt►4l.ng in violation ,of this ordinance shall be: places.,or may be ;caused to ;,exist, and any architect, builder, contractor, agent or :person 'employed.- in con ,ec,tion :therewith,.` and who may have`-,assIs.ted in:'t the commission of any violation .shall. each be''guilty' of 'a separate. offense and, upon conviction thereof, shall be punished shed as herein provided, F.• VALIDITY: Should `any .section, paragraph, clause word.or provision of this ordinance be decided by the `courts :to be unconstitutional or invalid, ,such decision '.shall not affect 'the validity of. the ordinance" as a- whole or any part thereof other than the part so decided to be unconstitutional '©r . invalid. All ordinances. or, parts of ordinances ' in conflict. herewith or•..•ihconsis'tent. with the prow{s:fons `of' this •ordinance ar"e;`hereby ;repealed: PASSED AND ::CEBTI;FIFD -A TO PASSAGE. THIS, the / day of A• :D• , 195+.. .. The foregoing Ordinance: No was read and passed on :its first reading by t_he. City Council of of ;t _-� City of. Zephyr- hills, .i'lori a, on the -4 _,_•day of e' ?. l95+. PreAident of City ,Co i1 -Attest; :. Cit Clerk . ' 17. . The .foregoing Ordinance No`, tea≥> read and passed; on its sec:odd, reading by the :City' Council, of, t1 i of. ; Ze hyrhills; .. Florida, on the 02O day of __ 195 • President of City Couril I : : .: Attest: The foregoing Ordinance No. - was read and passed' on its third reading by the Cityouncil' of th ity of Zephyrhills, 'F?orida', on the /1 day of l95+. - k _ • ' �� � Jam, -� .. • , - President of City Counc4l ttesti .{ Ci y Clerk - ;'a The fo g"aing Ordinance: IJo. was approved by me this -.-tho-. � L day of , 954 . I, FRE➢. G. BOEGE, as City Clerk of'the :City of Zephyr- hills co hereby certify :that a- cony of the above Ordinance -was• o / posted'at •_t e' ity Hall and 'at on the /' day ::of 195+.,• and thV he: same a remains :posted it eacof said places until• the day of • c ` . C ty Clerk• J ' .. _fit - "_ - .a l:_:.., •_ - - , - f`i ,