HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-0041
L7
Temp. Ord. #1996
February 3, 2003
1
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2003- Oq-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 24 OF THE TAMARAC
CODE ENTITLED "ZONING", BY DELETING IN ITS ENTIRETYARTICLE II
"ADMINISTRATION", DIVISION 2, BOARD OF ADJUSTMENT, SECTION
24-36 ENTITLED "CREATION; MEMBERS"; SECTION 24-37 ENTITLED
"TERMS; REMOVAL OF MEMBERS; VACANCIES"; SECTION 24-38
ENTITLED "OFFICERS; RULES OF PROCEDURE; RECORDS;
MEETINGS"; SECTION 24-39 ENTITLED "FUNDING; EXPENDITURES;
APPLICATION FEES"; SECTION 24-40 ENTITLED "POWERS AND
DUTIES GENERALLY"; SECTION 24-41 ENTITLED "REVIEW OF
ADMINISTRATIVE ORDERS, REQUIREMENTS, ETC."; SECTION 24-42
ENTITLED "APPEALS FROM DECISIONS OF ADMINISTRATIVE
OFFICIALS — GENERALLY"; SECTION 24-43 ENTITLED "SAME — STAY
OF WORK AND PROCEEDINGS"; SECTION 24-44 ENTITLED "SAME —
HEARING; COSTS"; SECTION 24-45 ENTITLED "JUDICIAL REVIEW OF
BOARD'S DECISIONS"; PROVIDING FOR SUNSETTING OF THE BOARD
OF ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Ordinance 74-34, passed and adopted on July 10, 1974, created a
Board of Adjustment (attached hereto as Exhibit "A"); and
and
WHEREAS, F.S. 163.220 was repealed in 1985 (attached hereto as Exhibit "B");
WHEREAS, Attorney General Opinion (AGO) 86-34, issued April 28, 1986 states
that since F.S. 163.220 was repealed in 1985, a separate Board of Adjustment and
CODING: Words in GtFUGk through type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1996
February 3, 2003
2
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
Planning Board is no longer required, and a municipality may now use a single Planning
and Zoning Board rather than a Planning Commission and a separate Board of Adjustment
(attached hereto as Exhibit "C"); and
WHEREAS, it has not been necessary for the Board of Adjustment to meet more
than four times over the past three years, with two of those meetings for the sole purpose
of electing a chair and vice chair to the Board; and
WHEREAS, Chapter 24, Article II, Division 2 of the Tamarac Code provides for
filling of vacancies on the Board of Adjustment within 30 days of the occurrence of the
vacancy, which would be a moot issue in light of the fact that the Board of Adjustment is to
be sunsetted; and
WHEREAS, it is the desire of the City Commission to sunset the Board of
Adjustment effective February 26, 2003; and
WHEREAS, the City Manager, Director of Community Development and City Clerk
approve sunsetting of the Board of Adjustment; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac that Chapter 24 of the
Tamarac Code, Article II Administration, Division 2 Board of Adjustment be deleted in its
entirety, and provide for sunsetting of the Board of Adjustment on February 26, 2003.
CODING: Words in type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1996
February 3, 2003
3
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing whereas clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
SECTION 2: That Chapter 24 of the Tamarac Code is hereby amended by
deleting Article II, Administration, Division 2, Board of Adjustment, in its entirety as follows:
Ir
- - - mate Rqe
NIGMeMbeF eF altemate me -r re f t h -
--
of the Gity--
(a) Members ef the beard ef - - _
No Text
Temp. Ord. #1996
February 3, 2003
5
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
Id depriv
haFdshpp OR the app1!GXnXr1nr'C-',
5— The varlaRGe- the mwnimw
FeaseRable use Gf the land; building
CODING: Words in struGk through type are deletions from existing law;
Words in underscored type are additions.
CODING:
Temp. Ord. #1996
February 3, 2003
6
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
i:t
IRWIN—
wo.
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Words in 6tFUGk thFeW914 type are deletions fromexisting
Temp. Ord. #1996
February 3, 2003
7
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
WINE
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CODING
Temp. Ord. #1996
February 3, 2003
8
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11/03
..
Ser.-. 2_44Came VealFuRg•f GG6t6.
Words in StFUGk throwqI4 type are deletions from existing law;
Words in underscored type are additions.
No Text
Temp. Ord. #1996
February 3, 2003
10
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
I I
1
Mid
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SECTION 3: That the Board of Adjustment shall beysunsetted on February
26, 2003.
SECTION 4: It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to -
"Section", "Article" or such other word or phrase in order to accomplish such intention.
1
CODING: Words in StFUGk througli type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #1996
February 3, 2003
11
Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
SECTION 5: All Ordinances or parts of Ordinances, and Resolutions or parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 6: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
CODING: Words in stFWGk +ham type are deletions from existing law;
Words in underscored type are additions.
SECTION 7:
passage and adoption.
Temp. Ord. #1996
February 3, 2003
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Rev. #1 02/05/03
Rev. #2 02/06/03
Rev. #3 02/10/03
Rev. #4 02/11 /03
This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this 12th day of February, 2003.
PASSED, SECOND READING this 261h day of February, 2003.
ATTEST:
MARION SWItNSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have aooroved this
10,/) ,
O.
RECORD OF COMMISSIO VOTE:
MAYOR SCHREIBER
DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANO
DIST 4: COMM. ROBERTS
a
CODING: Words in 6tFUGk thFOUgh type are deletions from existing law;
Words in underscored type are additions.
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 7 t1. 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 ONFLICT; 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.
F�
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(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) Appropriations, 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.
SECTION 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 9: 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
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0
a .
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: StaX 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 Appe.als.
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 7: 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 curcuit 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 ,1974.
PASSED THIRD READING THIS (Ga"e day of .1974.
ATTEST:
7 Q do e el -[7a fak3/
CITY C RK
i HEREBY CERTIFY that I have
approved the form and correctness
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RECORD OF COUNCIL VOTE -Al -ie
Mayor Johnson I
Vice Mayor Tucker
Councilwoman Lange
Councilwoman Massaro
Councilman Glicksman
PAGE d2
01/31/2003 13:14 85992214
C'h. ilia
CTATl iTnPv RFVTSTnw
tN'1 t:itc;(�L Matt.
t nmrnlsnion shall then make a o
A reps rt t
verning body• Such final ntik it ,hall nut
led: the unlit it hay Cnn•
space;'. , f lot that may ha trccuP be
(d) t'ereentage ulution:
re) 1)ennitl• of 1) D which sari„ua clrae� oifh
ifs �nntiitl"1t+ i, 1Jer
of noncunf„rinitie� : ' - ,:untinble --il dole au-
tie
�et fair a ,d re:i4r,n:►ble schedules for ea
thority to • nonconforming u+en'.
>ina and ty': ''1 and +izea of .structures he
the ell 1:.,ie „n trf eriodic th
er to life and Prol)erty in co
in(t oae areas uh eat to seasonal or al
flvodinR. ,n that du rµ h
Hoch area:+ •oils be minimized: and ye Of Prup
Ferfnrmutu' standards f„r u• o
(h) r,� structures thereon.
erty and lu,-atinn b.
f?) All Ouch r ;guiatlbut the lrcµulatiotn+r n
}tout each d'.-trict, other
thr� di t Jdist from �h�'aterl inother
the i
one dtytrit't rni y district Je�,R
districts. F'•' eat de-
r lyuilding-
locat�ntOf erprisr..•1,y. e�idrncesn oust yiesctYrrrecify
vial ific oyes, regulation May %petted
signed for :+Pee
thu.e ecial nature-
i tlyCs that ,I a,11 be excltrt e, a
erTAilP in Inc district rnav he Proh,hited
to rea4onalrle real, iremcnta u a
Lso, D tit,! ,:nil that imt:nmpatibtl
III 1,th,-r rfi�tn, Protect.
ity of uses is m n,mi:etl or elim' all ego
unJ di.,v let h„und li,cyhealth, psafety,
I'tivnu ve t art 1.
pr„astute. an,i u'..pro P with
comfort, t)rder. al pe.,t•ant:e• c'tnvenienmaden
anti general welrure and +hull b�)ther thfnK".
re,,10"},lo ,'t�11si lr.rutinn. amunFt
or P:,rtit:olar u+eti and with a .
It, the r.h:.rar.ter of the tfistricts rod their *Ape-
ciul suitability' truPerty ;:slues and en -
view' to cun-er inv fa co ri:ite u'k of iand
�oura0nlC the aunt pP P
throughout the urea.
e,.,to
gr' the comrnlssl"n
nt;►de by endati1)p and suKKe.�tiur.s
;red the re... ...body and until it has livid at
the govern" bt'dy• with due public no -
public pj1E public hturinK• hold such add:tiunai
e. The commission may.
;rings ay it may- t'rinsider de%irable. Afir.r
e final 2' rt has been submitted by the
,nmis:tiun, the governing body ih:tlf ;Hord
1 intereYLed persons an opportunity to hr•
e ird with reference to the proprtyed zoninµ
cJinance at a Public hearing with due public
otice before adopting said ordinance.
1Pp0tr,-111. tn. ..'17/.
16:f.Z13 Zonir►g: iyuPPlrmenti►►6 or amend-
ng the zoni�6 ordlr►rnce•— maY amend or
(1) The gva'erning body.
eu(1) T e the rrguwtlons and districts, 5xotl
by any zoliinir Ordinance adopted men a ti tt•
this Part after referral and rec•ommendatinl;r
of the commission, pcon,ntt bo#JY 0' theacon,-
suggested by the 8�.'
niisaton, ,r by petition of the owners of ftfty
()Ile percent Air more of the ;ratter cttse d the
the. P,Upo.,ed chrnae. In th� l' tiume tae
peti[ionec+ may lye require) to as
gnat of public nnti►•e Ane,'bIjL hear nK�v utCiden1al
t,) the holding of Du
t•, i [tie ,planning c<�v m; ccit� chanK� r shall
if the source t,f the P nr, hearings thereon•
hold r public hes,ri*►g YT, a• C,ye.
with due ltubr its tat be considered ihy the "'In -
if any' chanK vwritrnY its recommentlati,.nit
n,iyz•lun, submit in overninil 11"�•`
on the pruponed change to the g Body +has•.
tar utli�.ia1 action. The gi,aerning ubli::
tn.•�•+._tie `, thereon, with due p
IF:S.21t1 (,unii,R; procedure for extablisthing bolas d public hearir.tt
uon of reKulatinns.^- notice, if any I, nil to tt, be cclls}d v rlf the
hrrdndarity: nduP 11 thin act on the pruP„sed thong %or e
district le"It" oPt in 4 1iY ('()V1>vllti_ ;ha
(ri TF:.-T X e. ,Such changt! ;,h:,11 not
latinrrs to recnrnn1endatton of the cummis71On r, ai ,,R!
s , —q entuti rec„mm' nd:►►u)n+ as to the to the pr,rP-Sed chants ba, an atFirmatia'e
,caries of ,iitrict; and the regu he
boun be prepared by the become ef<ectit•t 1}irtrntire membership of l
be' enforced th:rein 01", inttiative or :it slit of a ma►juntY of Public Wit"'
cl)mmiv�ion Uri its . The Ommts' gt,verning body. after due p
rprlu,!st of slit K,,,erviin body.
relimrnary hearing'+ di.un. 1t7. t.1,. as•iro. mind
lion 'hall hall Public P. nd P aces anti
and c"nferenc,,, at such ttayjert termine to be
uQon such no,n:C a• it may
ublic in
necvsnary to i:rfurrn itself a,ttl the Ptrt. The
the Prt.Parrti, n „f the tent:,tia•e rep ro
the P rvc repo t, Khich shall ilieWde the, P
rifled zolong ordinance avith maps and ether
eXplanutory r, :,tr,rialy. %hall be mad►! to slit:
gpvprni ,it h,,,`, i Ira• the commiAnioti,
r'll p('TI(. I:Y G()Vr:R�INC. B01.)Y.—
Within thirty' d.iy r or l :ruck r goverable
1ng times
Within
p'y shall Ile a;reed ap„n, the g.
or bodies „f hetareah1, pfanininggnrrRlntl%` the
ti.ve report with any +uKKegtions and
shall return it. r•nmmi rsiun so that
recanlmenrlati )ns. to ree.rc n final report. tiv
the cumm,;tyii n may P, D'
.•,rdlnnncu W ilea flit! authority of this part.
ib 11 be pa} rtl until after the final report
d'f the comm alkali I , ,, been receited by the
giiverninK 1)1)4
(,i1 F•INA , REPORT AND A(7710 .—The
161.220 Hoard of ad)uarltent: rreatton
composit,on; terms: uf�icrrr: etc-- As
i l 1 C'ItF;.a'i ltyN AND (.'f)}tPOSll'10ti.-
part of the tr>ning urdinatice- the graern:n6
sleds shall treats It board of adju�trrie T)"
board of adjustment shall have not leb t"'`~
ten meml,rer:t. �1eml,cr:' c
five ,or more than 1 ,•ir
the board of adjustment shall br•'• t.•
It, the governing bolo•. ]n a,iditintl. Il c I-.V.a
caning body m<ry' appoint not m,•te tl.ar.utr
:titernatc merribrr`, desiKna6119 there a�
.Such rltcrnutc m%rn)lery rah}' :►: t 1n slit •rrr'
ptirari- absence or tliyt►bility of :tn� r krr- er
member. or ma• act tahen a regul:,r mtcrr••trr
is others lse dreientefie�t. lthe b..'arttl N,, rc' 0'
that may be P f a i
ilea ur ;,Itcrnate member of Ir tetlJ> tit ial ur
jutitment ,hill Ire °`erninpaid nrt,utf> intnlie,i.
ernpin}•ee of the g. K R,)�l
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STATUTORY REVISION
PA6L b3
01/31/2003 13.14
Ft t0
11 H•,t
l' l'OR-
ntior s
etd at,
is n0-
1 itiunal
e After
y the
11 aflord
y to Ve
J 24ning
, public
ind or
s fixed
,ant to
dationa
may be
1e cum•
if fifty-
Ived in
se. the
me the
:idental
tardles:►
e, sha11
thereon.
ly ceYi.
he .:om-
,dtctians
Fig b'tdy
ly ♦hall
e public
read and
�it ths•,
ad+'erse
shall not
ivy vote
p of the
ce.
tion and
()ti,--A1,
,ivernii,g
ent. The
ess than
nbers of
I,pointetl
the gov-
han t%%n
as such.
;he tem-
Mr it l is r
member
Iar (W)e
o:,jo mem-
'1 of itd-
Ilicial or
rv.!'t.
I'ltoM
ch. 1 h:1
8509221431
Ch. 163
I^I'TF:It(:llVF:K�1ti7F:ti'1'.',1. PH()(:R.1r1ti
OFFIf,E. VA('AN(.:[ES-. Memberi of the, board
of adjustment ,shall ser a fur Iverlapptng tvrma
of not less than three )r more than live years
p tte . Nlot more tithan arminurlty ofstheare
tertns
ap-
pointed. -
pnyum rroemb�fathe b4 ardiof radju- me"tyear.
may
AP -
be removed fr•,rn ufric: rnr cause by the gei
pointing gout--rning b,n y upon written ' h>t cur
and satcer Puri herring• Any vac.uncy
of
ring during the unc psretl termhe f g »rerning
any member +hall be rifled by
bu.dY..,C0.Pcernccl for th : remainder af: Lhe term_ .
Such- vacs-'cy MA9 be: fll,ed.. t►�ithin. thirty days
after the vairnrr ors.
(;1•, ()FFII'Eltti. It ,LE b OF I'RO(1J)t;RF:
Eylrf.t7yF:ES Atilt S—LA1tIF:S.•--Thu hoard of
aidjustment shall elecl a chairman unit A vice-
chairman from Am••nl its member;+ and shall
appoint a secretary- v ho may, he an officer or
employee of the Rover Ling body or of the plan-
ning commission. Th - board may create and
btermine to
e surpech
Other
th r{tinc�th aconduct yof Bits duties.
r one
Terms of all such tl�c(`clrhtionall hThethuar<1
year, with eligibility
oI adjustment lwll I'•.•.,p[ rules for tran:tactiun
of its business, Mill . hall keep a record of its
re+ulutiuny, tr:uimacti ins. hndin((s, and deter-
mination+, which rrr.t rd ahatl he a Pcsl,lic rec-
ord. ti(eetings tsf the board shall lit! held at
the call of the t'hai Ina and at sttc:b times
as the lionrd may ,t, turmill-
1•1, APP80PRIA7, l(Mi. FF;F.5 AND OTil-
Eft tti( f� t1F:.•-Thi governing body IS author-
ized and empowered 'o apPf011riiite such funds
a3 it may i(cC tit fur + •laries, fel!.%. and expenses
nece4sery in the cor duct of the work of the
board of adjtstment The go%orning htidy in
author)fed to eitabliih a schedule of fees to
be r:harged by the I hard of adjustmcnt. The
board .hall h:.ct: tbi authority' to expend I'll
04ma io appropriate 1 and other sunti made
avail"lilt; for it+ u e from fees and other
soorces for the purp ise :u,d acticitie:q atithor-
ized by thi;i tout,
wso•.r....tu, cl, e•-sa•.
163.225 hoard of adjuritmvnt; powers and
dutiv.:+.�- the hwird , t adjustictcnt - 1oll hovv
the f„flowing power . and duties:
(l 1 fo hear and decide appeals when it i,
alleged thin there it error ill any order, re
quiremelit. decisi,•tl• ,or Itt:terminati•in made h
an admini+trA6%'1kt :i lirial ill the, enhlrcemvn
of any zoning ordin: ni:t: or reglikitit,n adopter
purmoant to this Past.
I',,i,isI T„ hear :ind t4v6dr duck spec•ia
exceptions a+ the ho; rd of adjustment is apecif
ically iutthorized to par♦ tin undr:r the, term
of the zoning urilin; Ave; In tleCitle .4U,'h tlue'S
tion,t ny ore inv,)lv•; I in the dr.terminetion r,
when spec.i.0 excep.iun.r should he granted
grid trt grant special exception~ with uuprnpri
ate i:onrliti!my and safeguards •,r to den
-proviso vxrepti.,n.r rt hell 11•Jr, in hArmnny with
the ps,rpove and in ent Of ti,iv part or an
ordinance enacted under the authority of this
part' ecial exception. the
I b 1 In granting any P
buard shall find that 5cich grant Will not ad-
versely a(rect the public interest.
(iI In aranting anv FIRM-') exception, the
.
hoard of ltdjuetmentr�fcKuardsc thein [rarpprrpi iy
ate coy hi:1 ns and ordinance enacted
with thin part and any
under A. vi(ilation of such conditlone and
safeguard-4. `+hen m"tie a Part of the terms
under which the special exception is granted.
%hall be deemed a violation of the ordinance.
rdi the board of adjustment may prescribe
a rea-unable time limit within which the action
for which the 'peelal exctption is required
.shall be begun „r completed ur both.
(e • The zoning Ordinance shall require
that the board of adjustment shall confer with
the plunning commission ill Mies invo;ving
requests for special except
(:i I (a) To authorize upon appeal, such ari-
ance frorm the terms of the ordinance As will
blic
not lie to trarecial [conditioiw the ns. a literalsenforcet when,
-
owing l
ment of the provisions of the Ordinance would
result in unnece5yary and undue hardship. to
Terser to ttuthurize any variance from the terms
of the ordinance• the board of adjustment
must find:
1. 'that special ccrnditiun+ and cireum-
.tanct:+ exist Which are Peculiar to the land,
rtruc:turc. or building involved and
tdt>wh cturr ,are
not itp,tlk able to othvr lands.
or
buildings in the same zoning district:
•? That the special cunditiorns and circum-
atances dti nut result from the actions i,f the
appheant :
•I. That granting the variance requeated
will not confer an the Applicant any yPCcial
Pric ilege that is denied hy' thilt ordinance to
other l:uui buildings, or s_ructures in the
s;imc Pining district;
4. 'that literal interpretation of the provi-
siun+tnf the ordinance would deprive the appli-
cant of rights common1v enjoyed by other
properties in the saint: zoning district under
the terms of the ordinance :ind Mould work
unnCc CS:A:sry ad undue hardship on the Appli-
cant;
y $, 1"hst the variance granted is the mini-
mum variance that %sill make possible the
y reasur,able use of the land, building Or struc-
ture.
:
1 ii. That the grunt of the Variance will be
in harmony with the general intent and pur-
1 ptjst: t,f the ordinance :end that ruch variance
will not be injurious to the area Involved or
s otherwise detrimental to the public welfare.
t 1, 1 In granting any variance. the board of
f adjustment may prescribe appropriltr Condi-
tions :►nit +afeguards in confurmlty with this
part and Tiny' ordinance enacted under its
y itutho.rity. Violation of such conditiuns and
h "aft•guards, when made a part of the term9
Y uliffer which the variance is granted, ~hall be
ti:Y!I
Page 1
Citation
1986 Fla. Op.
Fla. AGO 86-34
(Cite as: 1986
Search Result
Atty. Gen. 75
WL 219767 (F1a.A.G.))
Rank 5 of 5 Database
FL -AG
Office of the Attorney General
State of Florida
*1 AGO 86-34
April 28, 1986
Re: MUNICIPALITIES--ZONING--municipality which elected to proceed under Part
II of Ch. 163, F.S.1983, no longer required to maintain separate planning
commission and board of adjustment. s. 163.3174, F.S.; ss. 19 and 20, Ch.
85-55, Laws of Florida.
Mr. C. Edward Rich
Attorney
Town of Orange Park
Suite One, Twenty One Ten Building
2110 Park Street
Jacksonville, Florida 32204-3812
Dear Mr. Rich:
This is in response to your request for an opinion on substantially the
following question:
MAY A MUNICIPALITY WHICH PREVIOUSLY ELECTED TO PROCEED UNDER THE PROVISIONS
OF PART II OF CH. 163, F.S.1983, NOW UTILIZE A SINGLE PLANNING AND ZONING BOARD
RATHER THAN A PLANNING COMMISSION AND A SEPARATE BOARD OF ADJUSTMENT?
In AGO 84-50, this office advised the Town of Orange Park that a municipality
which elects to proceed under the provisions of Part II of Ch. 163, F.S.1983,
may not utilize a single planning and zoning board to act as a planning
commission and a board of adjustment. This opinion was based upon a review of
the provisions of Part II of Ch. 163 evincing a legislative intent to separate
the respective functions of such boards and in further view of s. 163.315,
F.S.1983, authorizing a municipality to elect to proceed under the statutory
scheme and requiring administration of local resolutions and ordinances in such
electing municipalities in accordance with the provisions of Part II of Ch. 163.
Subsequently, the 1985 Legislature enacted Ch. 85-55, Laws of Florida, the Local
Government Comprehensive Planning and Land Development Regulation Act, amending
and repealing certain provisions of Part II of Ch. 163, effective October 1,
1985. Specifically, s. 19 of Ch. 85-55, supra, repealed those provisions of
Part II of Ch. 163 on which AGO 84-50 relied, particularly those portions of the
statutory scheme relating to the functions of planning commissions and boards of
adjustment, as well as s. 163.315. Section 20 of Ch. 85-55, supra, provides as
follows:
It is the intent of the Legislature that the repeal of the sections 163.160
through 163.315, Florida Statutes, by this act shall not be interpreted to limit
or restrict the powers of municipal or county officials, but shall be
Copr. C West 2003 No Claim to Orig. U.S. Govt. Works
Page 2
1986 Fla. Op. Atty. Gen. 75
(Cite as: 1986 WL 219767, *1 (Fla-A.G.))
interpreted as a recognition of their broad statutory and constitutional powers
to plan for and regulate the use of land. It is, further, the intent of the
Legislature to reconfirm that sections 163.3161 through 163.3215, Florida
Statutes, have provided and do provide the necessary statutory direction and
basis for municipal and county officials to carry out their comprehensive
planning and land development regulation powers, duties, and responsibilities.
The general rule is that where a statute is repealed without limitation, the
repealed statute in regard to its operative effect is considered as if it had
never existed. 49 Fla.Jur.2d Statutes s. 209. See, Mernaugh v. City of
Orlando, 27 So. 34, 36 (F1a.1899), stating that a "repeal removes the law
entirely...." See also, 82 C.J.S. Statutes s. 282 ("express repeal is the
abrogation or annulment of a previously existing law"). Moreover, s.
163.3174(1), F.S., provides that "[t]he governing body of each local government
... shall designate and by ordinance establish a 'local planning agency,' unless
the agency is otherwise established by law.... The agency may be a local
planning commission, the planning department of the local government, or other
instrumentality...." Section 163.3174(4)(d), F.S., further provides that such
local planning agency shall "[p]erform any other functions, duties, and
responsibilities assigned to it by the governing body or by general or special
law." Additionally, this office noted in AGO 85-71 that, as of October 1, 1985,
the effective date of Ch. 85-55, Laws of Florida, "a municipality may proceed to
exercise its home rule powers pursuant to Ch. 166, F.S., for zoning,
subdivision, and planning regulations provided such regulations are consistent
with the requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, s. 163.3161- 163.3215, F.S., as amended by Ch.
85-55, Laws of Florida."
*2 Accordingly, it is my opinion that a municipality which previously elected
to proceed under the provisions of Part II of Ch. 163, F.S.1983, pursuant to s.
163.315, F.S.1983, may now utilize a single planning and zoning board rather
than a planning commission and a separate board of adjustment in view of the
express repeal of those provisions of Part II of Ch. 163 evincing a legislative
intent to separate the respective functions of such boards and requiring
administration of local resolutions and ordinances in municipalities electing to
proceed under the statutory scheme in accordance with the provisions of Part II
of Ch. 163.
Therefore, unless and until legislatively or judicially determined otherwise,
it is my opinion that a municipality which previously elected to proceed under
the provisions of Part II of Ch. 163, F.S.1983, may now utilize a single
planning and zoning board rather than a planning commission and a separate board
of adjustment.
Sincerely,
Jim Smith
Attorney General
Prepared by:
Copr. '�' West 2003 No Claim to Orig. U.S. Govt. Works
Page 3
1986 Fla. Op. Atty. Gen. 75
(Cite as: 1986 WL 219767, *2 (F1a.A.G.))
Kent L. Weissinger
Assistant Attorney General
1986 Fla. Op. Atty. Gen. 75, Fla. AGO 86-34, 1986 WL 219767 (F1a.A.G.)
END OF DOCUMENT
Copr. ° West 2003 No Claim to Orig. U.S. Govt. Works