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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1974-034CITY OF TAMARAC, FLORIDA ORDINANCE NO. '1 t.J S + AN ORDINANCE PROVIDING FOR THE ESTABLISH- MENT OF A BOARD OF ADJUSTMENT; PROVIDING A METHOD OF APPOINTMENT AND REMOVAL; PRO- VIDING POWERS AND DUTIES; PROVIDING PROCE- DURAL METHODS TO BE FOLLOWED; PROVIDING METHOD OF APPEAL TO THE BOARD OF ADJUST- MENT AND FROM ITS DECISIONS; REPEALING ORDINANCES IN CONFLICT; CONTAINING A SAV- INGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION 1: Board of Adjustment; Creation and Composition; Terms; Officers. (1) Creation and com osition. - There is hereby created a Board of Adjustment consisting of five members. Members of the Board of Adjustment shall be appointed by the City Council. In addition, the City Council may appoint not more than two alternate members, desig- nating them as such. Such alternate members 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 pre- sented to the Board. No member or alternate member of the Board of Adjustment shall be a paid or elected official or employee of the City of Tamarac, Florida. (2) Terms of office, removal from office, vacancies. - Members of Board of Adjustment shall serve for overlapping terms of three years or thereafter until their successors are appointed; provided, however, subsequent to the effective date of the Ordinance, the first appoint- ments to the Board of Adjustment constituted hereunder shall consist of two terms, three years in duration, two terms, four years in dur- ation, and one term, five years in duration. Not more than a minority of the terms of such members shall expire in any one year. Any member of the Board of Adjustment may be removed from office for cause by the City Council upon written charges and after public hearing. Any vacancy occuring during the unexpired term of office of any member shall be filled by the City Council for the remainder of the term. Such vacancy shall be filled within thirty days after the vacancy occurs. (3) Officers rules of procedure, employees and salaries. - The Board of Adjustment shall elect a chairman and a vice-chairman from among its members and shall appoint a secretary who may be an officer or employee of the City of Tamarac, Florida or of the Planning Commis- sion. The Board may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all such offices shall be for one year, with eligibility for reelection. The Board of Adjustment shall adopt rules for transaction of its bus- iness, and shall keep a record of its resolutions, transactions, find- ings, and determinations, which record shall be a public record. Meetings of the Board shall be held at the call of the chairman and at such times as the Board may determine. (4) Ap2ropriations, fees and other income. - The City Council is authorized and empowered to appropriate such funds as it may see fit for salaries, fees and expenses necessary in the conduct of the work of the Board of Adjustment. The City Council is authorized to esta- blish a schedule of fees to be charged by the Board of Adjustment. The Board shall have the authority to expend all sums so appropriated. SEr*TION 2: Board of Adjustment; Powers and Duties. The Board of Adjustment shall have the following powers and duties: (1) 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 any zoning ordinance or regulation adopted. (2) (a) To hear and decide such special exceptions as the Board of Adjustment is specifically authorized to pass on under the terms of the zoning ordinances; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when not in harmony with the purpose and intent of the zoning ordinances of the City of Tamarac, Florida or any ordinance enacted under the authority granted hereunder. 2 - (b) In granting any special exception, the Board shall find that such grant will not adversely affect the public interest. (c) In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the authority granted hereunder. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. (d) The Board of Adjustment may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both. (3) (a) To authorize upon appeal such variance from the terms of the ordinances as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the prov- isions of the ordinances would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinances, the Board of Adjustment must find: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by any ordinance to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the provisions of the ordinances would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinances and would work unnecessary and undue hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinances and that such variance will not be injurious to the area involved or other- wise detrimental to the public welfare. (b) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the authority granted hereunder.,,Violation of such conditions and safeguards 3 - when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. (c) The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. (d) Under no circumstances except as permitted above shall the Board of Adjustment grant a variance to permit a use not gener- ally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinances in the zoning district. No nonconforming use of neigh- boring 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 a variance. SECTION 3: Board of Adjustment; Review of Administrative Orders. In exercising its powers, the Board of Adjustment may, upon appeal and in conformity with the authority granted hereunder, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all the members of the Board 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 is required to pass under any such ordinance. SECTION 4: Appeals to Board of Adjustment from Decision of Administrative Official. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, board, or bureau of the City of Tamarac, Florida affected by any decision of an administrative official under any zoning ordinance enacted. Such appeal shall be taken within thirty MJW days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the Board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the Board of Adjust- ment all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken. SECTION 5: Stay of Work and Proceedings on Appeal. An appeal to the Board of Adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken 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 shown. SECTION 6: Board of Adjustment• Hearing of A eats. The Board of Adjustment shall fix a reasonable time for 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 City Council through action in setting of fees to be charged for appeals. For procedural purposes, an application for a special exception shall be handled by the Board of Adjustment as for appeals. SECTION %: Judicial Review of Decisions of Board of Adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any officer, department, board, - 5 - F1 commission, or bureau of the City of Tamarac, Florida, may apply to the circuit court in the judicial circuit where the Board of Adjust- ment is located for judicial relief within thirty days after rend- ition of the decision by the Board of Adjustment. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: Should any section or provision of this ordinance or any portion hereof or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 10: This ordinance becomes effective immediately upon its final passage. PASSED FIRST READING THIS day of __ �, ,1974. PASSED SECOND READING THIS day of 11974. PASSED THIRD READING THIS (Ca`6!. day of -4 '_�,1974. I HEREBY CERTIFY that I have approved the form and correctness RECORD OF COUNCIL VOTE a ►�'''� ����� Mayor Johnson I Vice Mayor Tucker F 5 Councilwoman Lange Councilwoman Massaro Councilman Gl icksman R 0