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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on July 10, 1974, created a Board of Adjustment (attached hereto as Exhibit "A"); and and WHEREAS, F.S. 163.220 was repealed in 1985 (attached hereto as Exhibit "B"); WHEREAS, Attorney General Opinion (AGO) 86-34, issued April 28, 1986 states that since F.S. 163.220 was repealed in 1985, a separate Board of Adjustment and CODING: Words in GtFUGk through type are deletions from existing law; Words in underscored type are additions.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. ------------: _ ... 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 o 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 VIEW lip1 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. 11 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 12 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� 1 [1 (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. - 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 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 - 4 - 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, - 5 - r 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 - 6 - 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 i2r Tr:1tHs OF't)F'FICF:, Rk:�tO,.'A(, 1. fi in �X9/4// "Z �.0, /Yid 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