HomeMy WebLinkAbout431 Establishing Board of Adjustments ORDINANCE NO. 431
9,4, o ‘ py) AN ORDINANCE OF THE CITY OF ZEPHYRHILLS
ESTABLISHING A BOARD OF ADJUSTMENT;
' ' , DESCRIBING POWERS AND DUTIES ; PROVIDING FOR
y
0 O' APPEALS ; REPEALING ANY CONFLICTING
„i0 ORDINANCE AND/OR REGULATION OF THE CITY OF
}113 ZEPHYRHILLS .
BE IT ORDAINED by the City Council of the City of
Zephyrhills , sitting in regular session as follows :
SECTION 1 : SHORT TITLE. This Ordinance may be referred
to by short title as "The Zephyrhills Board of Adjustment
Ordinance" .
SECTION 2 : PURPOSE. A Board of Adjustment is created to
provide a means of appealing decisions of administrative
officials .
SECTION 3 : FUNCTIONS OF THE BOARD OF ADJUSTMENT. The
Board of Adjustment may hear an appeal from any person or by
any officer of the City, or by any board of commission
created by City Council adversely affected by any decision of
an administrative official pertaining tcprovision(s) of the
City of Zephyrhills Zoning Ordinance.
SECTION 4: POWERS OF THE BOARD OF ADJUSTMENT. The Board
of Adjustment shall have the following powers and duties :
A. To hear and decide appeals when it is alleged '
that there is error in any order, requirement , decision, or
determination made by an administrative official in the
enforcement of the zoning ordinance or any zoning regulation.
B. To authorize upon appeal such variances from the
terms of the Ordinance as will not be contrary to the public
interest when owing to special conditions ; a literal
enforcement of the provisions of the Ordinance would- result
in unnecessary and undue hardship . Variances are assigned to
specific properties when compliance with the regular zoning
standards is not feasible. In order to authorize any
variance from the terms of the Ordinance , the Board of
Adjustment must find:
1 . That conditions and circumstances are
peculiar to the land, structure, or building involved, and
te, �a ��' I O. R. 1643 PG 0020
are not applicable to other lands , structures , or buildings
involved in the same zoning district ; and
2 . That the special conditions and
circumstances do not result from the actions of the
applicant ; and
3 . That granting the variance requested will
not confer on the applicant any special privilege that is
denied by this Ordinance to other lands , buildings , or
structures in the same zon7_ng; district ; and11/
4. That literal interpretation of the
provisions of . the Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same
zoning district under the terms of the Ordinance and would
work unnecessary and undue hardship on the applicant ; and
5 . That the variance granted is the minimum
variance that will make possible the reasonable use of land,
building or structure; and
6 . That the grant of the variance will be in
harmony with the general intent and purpose of the Ordinance
and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare; and
In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards . Violation
of such conditions and safeguards , when made a part of the
terms under which the variance is granted, shall be deemed a
violation of this Ordinance.
The Board of Adjustment shall prescribe a reasonable time
limit within which the action for which the variance is
required shall be begun or completed or both.
Under no circumstances shall the Board of Adjustment
grant a variance to permit a use not generally permitted in
the zoning district involved. No nonconforming use of
neighboring lands , structures or buildings in the same zoning
district , and no permitted use of lands , structures or
buildings in other zoning districts shall be considered
grounds for the authorization of variance.
SECTION 5 : ORGANIZATION OF BOARD OF ADJUSTMENT.
A. City Council shall create a Board of Adjustment
and appoint five (5) residents of the City, none of whom are
officers or employees of the City, and at least one of whom
is a licensed building contractor.
B. In addition, City Council may appoint an
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alternate member. The alternate may act in the temporary
absence or disability of any regular member, or may act when
a regular member is otherwise disqualified in a particular
case that may be presented to the Board.
C . Members of the Board of Adjustment shall serve
for overlapping terms of three (3,) years . One (1) term shall
end after the firstyear of this Ordinance., , two (2) the
second year and two (2) the third, so as to establish
staggered terms . .D. Any member of the Board of Adjustment may be
removed from office by the City Council upon written charges
and after public hearing for just cause including, but not
limited to absence without valid excuse of more than. three
(3) meetings annually.
E. Any vacancy occurring during the unexpired term
of office of any member shall be filled by an appointment by
the City Council for the remainder of the term. The vacancy
shall be filled within thirty (30) days of its occurrence.
F. The Board of Adjustment shall elect a
chairperson and a vice-chairperson from among its members. A
qualified City employee shall serve as Secretary. The terms
of all such offices shall be for one (1) year, with
eligibility for re-election. The Board of Adjustment shall
adopt rules for transaction of its business and shall keep
public record of its Resolutions , transactions , findings and
determinations . Meetings shall be held at the call of the
chairperson and at such times as the Board shall determine.
G. Legal Counsel for the Board of Adjustment shall
be the City Attorney, except when a conflict should be deemed
111 to exist . At that time the City Council may authorize the
appointment of an attorney for that limited purpose only.
Members of the Board of Adjustment who may be brought to
Court for cases arising from their participation in ordained
responsibilities shall be represented by the City Attorney.
SECTION 6 : APPEAL PROCESS :
O.R. 1643 PG 0022 ;
A. The Board of Adjustment may, upon appeal and in
conformity with provisions of this Ordinance, reverse or
affirm wholly or partly, or may modify the order,
requirement , decision, or determination made by an
administrative official in the enforcement of the. City of
Zephyrhills Zoning Ordinance and related regulations and may
make any necessary order, requirement , decision of
determination and to that end shall have all the powers of
the administrative official against ,whom the appeal is filed.
The concurring vote of a majority of all the members of the
Board of Adjustment. shall be necessary to reverse any order,
requirement , decision, or determination of any such
administrative official , or to decide in favor of the
applicant on any matter upon which the Board of Adjustment is
required to pass under this Ordinance.
B. An appeal shall be submitted to the Building
Official within thirty (30) days after rendition of the
oruer, requirement , decision, or determination being
appealed. Appeal shall be in the form prescribed by the
rules of the Board of Adjustment .
C. The administrative official against whom the
appeal is filed shall , upon notification of the filing of the
appeal , :.forthwith transmit to the Board of Adjustment all the
documents , plans , papers , or other materials constituting the
record upon which the action appealed was taken.
D. Any appeal to the Board of Adjustment stays all
work on the premises and all proceedings in furtherance of
the action appealed unless the official against whom the
appeal was filed shall certify to the Board of Adjustment
that by reason of facts stated in the certificate, . a stay
would cause imminent peril to life or property. In such
case, proceedings or work shall not be stayed except by a
restraining order which may be granted by the Board of
Adjustment or by a Court of record on application; on notice
to the officer from whom the appeal is taken and on due cause '
O.R.. 1643 PG 0023
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,
shown.
E. The Board of Adjustment shall fix a reasonable
timefor the hearing of the appeal , give public notice
thereof, as well as due notice to the parties in interest ,
and decide the same within a reasonable time. Upon the
hearing.,. any party. ,may- appear in person, by agent or 'by ,
attorney. :Appellants may be required to assume .. such'
reasonable costs in connection with appeals as may . be
determined by the governing,body.
F. Any person or persons , jointly or severally,-
adversely affected by any decision - of the Board-.__ of
or any officer, department , board, -or cominissio
of the City, may apply to the Circuit Court fori , judicial
relief within thirty (30) days after rendition , of the
decision by the Board of Adjustment . Review in the Circuit
Court shall be either by a trial de novo, which shall be
either governed by the Florida Rules of' Civil Procedure ,. or
IIIby petition for• writ of certiorari, which shall he::- govetnee''
by the Florida Appellate Rules . _
The electionof remedies'
shall lie. with the Appellant . -
SECTION 7 : ENFORCEMENT OF ORDINANCES AND,REGULATIONS .
_r -
Violation of this Ordinance or any Ordinance!-'. en:aQted-;
pursuant to this Ordinance shall be deemed a misdemeanor,
punishable as provided by law. The City Council shall have
recourse to such legal remedies as may be necessary to insure
compliance with the provision of any Ordinance or regulation
•enacted pursuant to this act .
--1 SECTION 8: REPEAL OF CONFLICTING ORDINANCES :.AND/OR REGU•
`LATIONS OF THE CITY OF ZEPHYRHILLS'. All previously adopted-
.III _Ordinances or regulations of the City of Zephy-r-hills in --
conflict with this Ordinance are hereby repealed .
SECTION 9 : VALIDITY. If any section, part of a section,
paragraph, sentence, clause, phrase or word of this Ordinance
is, for any reason, held or declared to be unconstitutional ,
inoperative, or void, such holding or invalidity shall not
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affect the remaining portions of this Ordinance and it shall
be construed to have been the intent to pass this Ordinance
without such unconsitutional , or inoperative part therein.
The above and foregoing Ordinance No. 431 was read
and passed on its first reading in open and regular meeting
on this 10th (lay of August A.L . , 1987 , III
Zephyrhills , Florida.
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° r / GLORIA BROWN
`r' President of City Council
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bidira�ocve and foregoing Ordinance No . 431 was read
and passed on its second reading in open and regular meeting
on this 24th day of August , A.D. , 1987 ,
Zephyrhills , Florida.
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GLO-IA BROWNiii
/ President of City Council
��I'T`&Yi-1 %v im _16,•,/ RECORD VERIFIED
I. - '„,, ~' p-y Qlerk JED PITTMAN
- ''< 6 _ _
- , ` ,,� _ �; Clerk Circuit Court, Pasco County
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By. 4 //di
The above and foregoing Ordinance No . 431 was read
and passed on its third reading in open and regular meeting
on this 14th day of September A.D. , 1987 ,
Zephyrhills , Florida.
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17 GLORIA BROWN
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The foregoing Ordinance No. 431 was approved by me
on this 14th day of September , A.D. , 1987 . "'
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