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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-0111 Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003- / AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED "ZONING", ARTICLE II "ADMINISTRATION", DIVISION 3 "PLANNING BOARD", SECTION 24-64 "POWERS AND DUTIES" ASSIGNING RESPONSIBILITY TO HEAR VARIANCES AND APPEALS TO THE PLANNING BOARD; DELETING SECTION 24-65 "EFFECT ON POWERS AND DUTIES OF BOARD OF ADJUSTMENT" IN ITS ENTIRETY, IN ACCORDANCE WITH ORDINANCE 0-2003-04; CREATING A NEW SECTION ENTITLED, "REVIEW AND CONSIDERATION OF VARIANCES AND APPEALS BY PLANNING BOARD" SPECIFYING THE PLANNING BOARD'S POWERS AND DUTIES TO HEAR VARIANCES AND APPEALS, PROVIDING FOR NOTICE, REVIEW OF ADMINISTRATIVE ORDERS, APPEAL, STAY OF WORK UPON APPEAL TO PLANNING BOARD, HEARING AND JUDICIAL REVIEW (CASE 8-Z-03); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Tamarac Ordinance 74-34, passed and adopted on July 10, 1974, created a Board of Adjustment pursuant to F.S. Section 163.220; and WHEREAS, F.S. Section 163.220, entitled "Board of Adjustment; creation and composition; terms; officers; etc", was repealed in 1985; and WHEREAS, Attorney General Opinion (AGO) 86-34, issued April 28, 1986 states that since F.S. Section 163.220 was repealed in 1985, a separate Board of Adjustment and Planning Board is no longer required, and a municipality may now use a single Planning CODING: Words in type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 --- April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 2 and Zoning Board rather than a Planning Commission and a separate Board of Adjustment; and WHEREAS, the Board of Adjustment was sunsetted February 26, 2003 by the City Commission via Ordinance No. 0-2003-04; and WHEREAS, the powers and duties previously assigned to the Board of Adjustment relative to considering and hearing variances and appeals should be assigned to the Planning Board as these functions are necessary to conduct municipal business; and WHEREAS, the Director of Community Development recommends amending Chapter 24 of the City of Tamarac Code of Ordinances assigning powers and duties of the former Board of Adjustment relative to hearing variances and appeals to the Planning Board; 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 to amend Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning", Article II, "Administration", Division 3 "Planning Board", Section 24-64 "Powers and Duties" assigning responsibility to hear variances and appeals to the Planning Board; Delete Section 24-65 "Effect on Powers and Duties of Board of Adjustment" in its entirety; Create a new Section entitled, "Review and Consideration of Variances and Appeals by Planning Board" providing for notice, review of administrative orders, appeal, and stay of work upon appeal to the Planning Board. CODING: Words in rtFwE thpeugh type are deletions from existing law; Words in underscored type are additions. 1 n 1 Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 3 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 revising Article II, Administration, Division 3, Planning Board as follows: Sec. 24-64. Powers and duties. (a) The planning board shall have, in addition to the powers prescribed in this division, all powers and duties of a planning board as provided by part II of F.S. chapter 163. Nothing in this article shall grant to the planning board any power or duty which is inconsistent with or prohibited by the provisions of state law with respect to planning boards. The planning board shall be responsible for all duties and powers as they relate to considering and hearing variances_ and appeals, as defined in this chapter. CODING: Words in 6truck through type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 4 SECTION 3: That, Section 24-65 "Effect on powers and duties of board of adjustment" is deleted in its entirety in accordance with Ordinance 0-2003- SECTION 4: That a new section entitled "Review and consideration of variances and appeals by Planning Board" be created assigning powers and duties as they pertain to hearing variances and appeals to the Planning Board as follows: Section Review and Consideration of variances and appeals b Planning Board. 1)The olannina board shall have the followina powers and duties: (a) Appeals. 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. b) Variances. 1. To authorize upon appeal such variance from the terms of this chapter and other zoning ordinances as will not be contra[M to the public interest, when, owing to special conditions, a literal enforcement of such provisions would result in unnecessary and undue hardship. In order to authorize anv variance from the terms of this chapter and other zoning ordinances, the planning board must find that: CODING: Words in str„^k througli type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 -- April 9, 2003 Revision No. 3 -- April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 5 a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not a licable to other lands structures or buildings in the same zoning district b. The special conditions and circumstances do not result from the actions of the applicant; C. Granting the variance requested will not confer on the applicant any special privilege that is denied by any law or ordinance to other lands, buildings or structures in the same zoning district: d. Literal interpretation of the provisions_ of this chapter or other ordinances would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of such provisions and would work unnecessary and undue hardship on the applicant; e. The variance granted is the minimum variance that will make possible the reasonable use of the land; building or structure; and f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and other ordinances and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 2. In granting any variance, the planning board may prescribe appropriate conditions and safeguards -in conformity with the authority _ ranted under this article. Violation of such conditions and safeguards, when made _a part of the terms under which the variance is granted, shall be deemed a violation of the law or ordinance_ affected_ thereby, CODING: Words in 6tFUGk throwqI4 type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 -- April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 -- May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 6 3. The Ip anninq board may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. 4. _ Under no circumstances, except as permitted in this subsections_ shall the planning board grant a variance to permit a use not generallyor by special exception permitted in the zoning_ district involved or any use expressly or by implication prohibited by the terms of this chapter or other ordinances in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zonincLdistricts shall be considered grounds for the authorization of a variance. (2) Posting of notice. a. The responsibility for postina notice of public hearinas on property re uired to be posted, now or in the future including without limitations special exceptions and variances, shall rest with the property owner or applicant. Prior to the date when the property is to be posted, the applicant_ or p=erty owner shall post with the city department of community development or other department designated by the city manager a deposit of sixty dollars ($60.00) for a sign, which he/she shall post on the property. The property owner or applicant shall submit to the city, prior to a___public hearing, an affidavit stating the location on the property (a prominent location readable from the roadway adjoining the property is required) and the time and date when the notice was posted; and he/she shall submit an affidavit immediately prior to each required public hearing that the notice is still on the property and that it does not appear to have been disturbed since the time it was posted. Failure to submit the affidavit shall prohibit consideration of the application by anyone in the city_ CODING: Words in 6tFUGk through type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 -- May 14, 2003 Page 7 b. If a matter is to be considered by both the planning board and by the city commission, separate notices of hearings before each body are to be posted. c. Subsequent to the final public hearing, the applicant or property owner shall return the sign in good condition to the department of community development, _ or other department designated by the city manager,_ and shall receive his/her deposit of sixty dollars ($60.00). Failure to return the sign within five (5)_working_days of the date of final public hearing in good condition shall _cause the applicant or property owner to forfeit the deposit, and the sign will be retrieved by an appropriate employee of the city. (3) Review of administrative orders, requirements, etc. -- In exercising its powers, the planning board_ may, upon appeal and in conformity with the authority granted under this article, reverse or affirm wholIV or partly, or may modify the order, re uirements 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, re uirement 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 or regulation. (4) Appeals from decisions of administrative officials — Generally. App eals to the lannin board may be taken b an person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under this chapter or any zoning ordinance enacted. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision or determination aooealed from by filina with the officer from whom the armeal is taken and with the planning board a notice of appeal specifying the grounds CODING: Words in etr„GU th.9Wgh type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 8 therefore. 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 planning., board all, the documents, plans papers or other materials constituting the record upon which the action appealed from was taken. (5) . Stay of work and proceedings. An appeal to the planning board 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 _b_y_a court of record on _application, on notice to the officer from whom the appeal is taken and on due cause shown. (a) The planning board shall fix a reasonable time for the hearing of an appeal, at which time any party may appear in person, by agent or by attorney. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. Notice of the hearing shall be posted on the property „in. question and all property owners within a three - hundred -foot radius of the boundaries of the subiect_property shall be notified by certified mail and/or ordinary first class mail at the option and direction of the planning board -at least fifteen (15) days in advance of the hearing; provided, that when the applicant is the owner of the land not included in the application, and the land not included as part of or adjoins a parcel for which the variance is requested, the three -hundred -foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by the application; if the appeal concerns commercial or industrial gror)ertv. the three -hundred -foot reouirement shall be increased to five hundred (500) feet. CODING: Words in c4riin4 threugh type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 9 (b) It shall be the responsibility of the applicant to furnish, at the applicant's expense, a list, certified by the applicant or his representative, of all property owners within the three -hundred -foot distance of the boundaries of the subject property, or five -hundred - foot distance for industrial or commercial property. The applicant may use the latest county tax records on file at the county courthouse in compiling this information. The applicant shall be responsible for the accuracy of the list of property owners. Omissions shall render any approvals voidable in the discretion of and by the planning board. The list and a map showing the tax folio numbers of all parcels of property within the three -hundred -foot distance of the boundaries of the subject property, or five -hundred -foot distance for industrial or commercial property, shall be submitted to the planning board at the time of the filing of the notice of appeal. A line shall be drawn on the map showing all parcels to whom notice is reauired to be provided. The list of property owners must be dated and certified to a date not exceeding thirty (30) days prior to the date of the filing of the notice of appeal. 7) Judicial review of board's decisions. Anv person aggrieved b any decision of the planning board, or any officer, department, boards commission or bureau of the city, may apply to the circuit court- in the judicial circuit where the planning board is located for judicial relief within thirty (30) days after rendition of the decision by the board of adjustment. Review in the circuit court shall be either by a trial de novo, which shall be 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. CODING: Words in StFUGk through type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 10 SECTION 5: 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. SECTION 6: 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 7: 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 c4riin4 through type are deletions from existing law; Words in underscored type are additions. 1 1 0 SECTION 8: passage and adoption. Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18. 2003 Revision No. 2 — April 9, 2003 Revision No. 3 — April 22, 2003 Revision No. 4 — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No. 6 — May 8, 2003 Revision No. 7 — May 14, 2003 Page 11 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 28th day of May, 2003. PASSED, SECOND READING this 11th day of June, 2003. JOE SCHREIBER, MAYOR ATTEST: RECORD OF COMMISSION VOTE: 1st Re MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC, DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Re"ing AYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF /1 DIST 4: V/M ROBERTS MITCH L S. A rj CITY ATTOVVE CODING: Words in S+F,,Gu through type are deletions from existing law; Words in underscored type are additions.