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.
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(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
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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,
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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