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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-287Temp Reso #10162 —May 29, 2003 Revision No. 1 — June 25, 2003 Revision No. 2 -- November 6, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT DEPARTMENT'S DEVELOPMENT REVIEW FEE SCHEDULE ELIMINATING REFERENCE TO THE "BOARD OF ADJUSTMENT" TO HEAR VARIANCES AND APPEALS INVOLVED IN THE PROCESSING OF DEVELOPMENT APPLICATIONS FOR THE CITY OF TAMARAC AND AMENDING THE FEE AMOUNT FOR VARIANCE APPLICATIONS FROM $2,000.00 TO $1,000.00 (CASE NO.25-Z-03); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Development Review Fee Schedule was last amended in 2002 via Resolution No. R-2002-296 (attached hereto as Exhibit "A"); and WHEREAS, on June 11, 2003, the City Commission of the City of Tamarac approved Ordinance No. 2003-11 (attached hereto as Exhibit "B") assigning the powers and duties relative to considering and hearing variances and appeals to the Planning Board; and WHEREAS, Community Development staff desires to amend the Development Review Fee Schedule eliminating reference to the Board of Adjustment to hear variances and appeals involved in the processing of development applications in accordance with Ordinance No. 2003-11; and WHEREAS, Community Development staff desires to amend the Development Temp Reso #10162 —May 29, 2003 Revision No. 1 — June 25, 2003 Revision No. 2 — November 6, 2003 Page 2 Review Fee Schedule to reflect a decrease in the fee amount for variance applications from $2,000.00 to $1,000.00; and WHEREAS, the Director of Community Development recommends approval of the amendments to the Development Review Fee Schedule; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to amend the Community Development Department's Development Review Fee Schedule eliminating reference to the "Board of Adjustment" to hear variances and appeals involved in the processing of development applications for the City of Tamarac and amending the fee amount for Variance applications from $2,000.00 to $1,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the following Community Development Review Fee Schedule is hereby amended as follows: E Temp Reso #10162 — May 29, 2003 Revision No. 1 --- June 25, 2003 Revision No. 2 — November 6, 2003 Page 3 Communitv Development Review Fee Schedule Classifications Fees Land Use Planning Large Scale $5,000 Small Scale $3,000 Reserve Units $ 500 Platting Plats $3,000 Delegation Request $1,500 Vacation — Ease me nt/Rig hts-of-Way $1,000 Rezoning Rezoning $1,500 Special Exception $2,000 Sign Waiver $ 200 Site Planning Site Plan (New/Major) $3,000 Site Plan (Minor Revised) $1,250 Site Plan Extension $1,000 Model Sales $1,000 Parking Waiver $2,500 Transportation Action Plan $1,000 BeaFd of Adjustment Variance $2,099 11,000 Staff Research Hourly Rate $ 75 Zoning Verification $ 200 F-� 1 Temp Reso #10162 -- May 29, 2003 Revision No. 1 — June 25, 2003 Revision No. 2 — November 6, 2003 Page 4 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 17th day of December, 2003. ATTEST: r r 't �%J MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved thys ' RESOI-LION form. MITCHELL S. KW CITY ATTO EY commdev\u: \pats\userd ata\wpdata\res\10162 reso ro, _„ V... 11141YOV, Record of Commission Vote: Mayor Schreiber: AYE Commissioner Portner: AYE Commissioner Flansbaum-Talabisco: AYE Commissioner Sultanof: AYE Vice Mayor Roberts: AYE E,KH1Blr A TEMP RESO #10162 July 17, 2002 - Temp. Reso. #9850 Revision No. 1 -- August 8, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-296 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT DEPARTMENT'S DEVELOPMENT REVIEW FEE SCHEDULE TO SUFFICIENTLY COVER THE INCREASING ADMINISTRATIVE COSTS INVOLVED IN THE PROCESSING OF DEVELOPMENT APPLICATONS FOR THE CITY OF TAMARAC (CASE NO. 15-Z-02); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Section 21-5 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a plat; and WHEREAS. Section 10-2(c)4 of the Code of Ordinances authorizes the City to obtain fees for processing applications for approval of a site plan, revised site plaits and site plan extensions; and WHEREAS, Section 24-67(2) of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a rezoning; and WHEREAS, Section 24-552(e) of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a special exception; and WHEREAS, Section 20-111 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approva► of a vacation of easement; and WHEREAS, Section 17-57 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a Land Use Plan Amendment; and 1 July 17, 2002 - Temp. Reso. #9850 2 Revision No. 1 — August 8, 2002 WHEREAS, Section 24-613(c)3 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a model sales permit; and WHEREAS, Section 21-97 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a delegation request; and WHEREAS, Section 24-585 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a limited parking waiver; and WHEREAS, Section 24-39 of the Code of Ordinances authorizes the City to obtain a fee for processing an application for approval of a variance; and WHEREAS, the Development Review Fee Schedule was last amended in 1997 via Resolution No. R-97-253 (attached hereto as Exhibit "A"); and WHEREAS, the Community Development Department's Planning and Zoning staff conducted a userfee study and determined that a fee increase to the current Development Review Fee Schedule was necessary to sufficiently cover the increasing administrative costs involved in processing the development applications; and WHEREAS, the Director of Community Development recommends approval of the Community Development Department's amended Development Review Fee Schedule; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to amend the Community Development Department's Development Review Fee Schedule to sufficiently cover the increasing administrative costs involved in the processing of development applications for the City of Tamarac. 1 July 17, 2002 - Temp. Reso. #9850 3 Revision No. 1 —August 8, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the following Community Development Review Fee Schedule is hereby amended as follows: Community Development Review Fee Schedule Classifications Fees Land Use Planning Large Scale $309A $5,000 Small Scale $2,599 $3,000 Reserve Units $--599 $ 500 Platting Plats $-aBA $3,000 Delegation Request $-I 99f} $1,500 Vacation — Easement/Rights-of-Way $�50 $1,000 Rezoning Rezoning $41WG $1,500 Special Exception $4-,G90 $2,000 Sign Waiver 125 $ 200 Site Planning Site Plan (New/Major) $1117� $3,000 July 17, 2002 - Temp. Reso. #9850 4 Revision No. 1 -- August 8, 2002 Site Plan (Minor Revised) Site Plan Extension Model Sales Parking Waiver Transportation Action Plan Board of Adjustment Variance Staff Research Hourly Rate Zoning Verification $1-,999 $1,250 $--Sw $1,000 S-494 $1,000 g $2,500 $-900- $1,000 $2,000 $ 59 $ 75' $-4a9 $ 200 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. J Ll 1 July 17, 2002 - Temp. Reso. #9850 Revision No. 1 -- August 8, 2002 PASSED, ADOPTED AND APPROVED this 9t" day of October, 2002. ATTEST. MARION SWENSON, CMC CITY CLERK I HERESY CERTIFY that I have approved this RESOLUTION as to form. A` E MITCHELL S. KRAFT CITY ATTORNEY cam mdev\u:\pa ts'.u"rda talwpd 1 tslresk%$Oreso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DISTI: VIM. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 5 EXHIBIT "B" I EMF' RESO #10162 1 1 l Temp Ord #1999 February 20, 2003 Revision No. 1 — March 18, 2002 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- / 1 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, STAR OF WORK UPON APPEAL TO PLANNING BOARD, HEARING AND JUDICIAL REVIEW (CASE 82-03); 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;VuE* 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. T -- 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 11, "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 CODING; Words in sit.,,rk #;P -,n type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 1 1 E 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 11, 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 11 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 t_o„considering and hearing variances and appeals. as defined_ in this chapter. CODING: Words in s L 1hpaug i 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 — Aprii 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. T — 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 6_v Planning Board. �_1 ... Appeals. To and ,e,, clowmq„Q- . , duties: e planning board shall following Powers and a _decide appeals when it Is alleged that there is _error in any _order, requirement, decision o - determination made by an administrative official in the a ing. enforcement off any zonln ordinance ,or regulation adopted: (b) Variances. 1. To authorize U12on appeal such variance from the terms of this chapter and other zoning ordinances -as will not be Contrary to the pu_blico owi9.,.rto..-spec�ial conditions a literalenfcement of such provisions would result in unnecessary-- and undue hardship. In order to authorize any variance from the terms of this chapter and other zoning ordinances the planning . board must find that: 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 5 a. S ecial 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: b. Thespecial conditions and circumstances do not result from the actions of the a licant: c. Granting the_v_ariance repuested will not confer on the applicant any specialprivilege that is denied by _ an law or ordinance to other, lands, buildings- or y— t 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: ee. The variance granted is the minimum_ variance that will make possible the reasonable use of the land. building or structure: and f._ _ The mrant 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 cuianting any variance the i2lanning board may rescribe g2pLogriate conditions and safe wards in conformity with the authority granted under this article. Violation of such conditions and safeguards, when made aapart of the terms under which the variance is granted. shall be deemed a violation of the law or ordinance affected thereby. 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. h — April 28, 2003 Revision No. 5 — May 2, 2003 Revision No, 6 — May 8, 2003 Revision No, i — May 14, 2003 Page 6 3. The planning board may prescribe a reasonable time limit within which the action for which the variance is_Mguired shall be begun „or completed, or both. 4. Under no circumstances, except as permitted in this subsection shall the tannin board grant a variance to ermit a use not enerall or by special exce tion permitted in the -zoning district involved or any use- expressly„or b�! iMplication prohibited by the terms of this chapter or other ordinances in the zoning district. No nonconforming use of --- . --- neighbanngI_ar�ds structures or ,buildingsin ,the. same zoninq district and -no -permitted use of lands, structures or buildings in other zoning districts shall be cnn.qirIAr- rf rounds for the authorization of a variance. 2 Posting of notice. a. The responsibility-foraosting notice of public hearincis on property reguired to be posted, :now or in the future, including without limitations 'special exceptions and _._. rest with variances, shall r the .._, property owner or applicant. Prior to the date when the property is-tobe pasted the applicant or property _owner shall „post with the city department _of_communL development another department designated by _y g q it of sixty dollars 4 the city manager a de os ($60.90} for a sign, which he/she shall past on the property. The property owner _or -applicant shall_ submit to the city, ro_lor_to_a public hearing, an affidavit stating „the location on property (a prominent lo,ion the. - ca i.o able from the -_--_ _ _ readable da_„ roadway_adjoininq the property is re„guired) and the time and date when the notice was osted- and he/she shall submit an affidavit immediately prior to each rt required public hearing that the notice is Still on n the Propertyand 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-applicatibn by anyone in the city. CODING: Words in strU� 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. Subseguenttothe finalpubiic hearing, the applicant or properly owner shall return the si n in ood condition to the department of community development— or other department designated by the -city manager, and shall receive his/her de osit of sixty dollars $60.00 . Failure to return the siqn 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 cif' 3 Review of administrative orders requirements, etc. In exercisin baard may, upon appeal and in conformity with the authority_ granted under this article, reverse or affirm whol!y or partly,or may modify the order, re uirements decision or determination made by administrative official ,in the enforcement of any zoning ordinance or regulation adopted, and „may make any necessary order, re uirement decision or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The concurrin vote of a ma-ori of all the members of the board shall be necessafy 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. (41 Apgeals from decisions of administrative officials — Generally. Appeals to the planning board -may be taken by any person aggrieved or by any officer, board or bureau of the city. affected by any decision of an administrative official under this chapter or arty zoning ordinance enacted. Such appeal shall be taken within thirty QQ ,days after rendition of the order, re uirement decision or determination appealed from by filing with the officer from whom the appeal is taken and with the planning board a notice of appeal s ecif ina the grounds CODING. Words in 6',FU k thmogh type are deletions frorn 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 26, 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 presclibed ty the rules of the board. The administrative official from whom the appeal is taken shall upon notification of the filiag,of the a eat forthwith transmit to the planning board all the_documents,0ans 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 gremises and all proceedings in furtherance of the action appealed from unless the official from whom the a eal 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 roe 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. _ (6) Hearing_ a The planning board shall fix a reasonable time for the hearing of an appeal, at which time any party may appear in person, b a ent or by attorney. At least fifteen 15 days' notice of the time and place of such hearin 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 sub'ect property shall be notified, by certified mail and/or ordinary first class mail at the option and direction of the pia_nning board at least fifteen_-05) days in advance of the.hearincL provided, that when the applicant is the owner of the land not included in the application, and the land not '_ _ _variance is Included as part of or adjoins a -parcel _ or which the re nested the three -hundred -foot re uirement shall be measured from the boundaries of the applicant's ownership, including the land not covered -by the application: if the a eal concerns commercial or industrial property, the three -hundred -foot requirement shall be increased to five hundred (500) feet. CODING: Words in s4w;k ihFeugh 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 resoonsiblity of the applicant to furnish at the a licant'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 progerty,, 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 accuracv of the list of property owners. Omissions shall render anv 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 subiect 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 abpeal. A line shall be drawn on the map showing all parcels to whom' notice is 'required to be provided. The list of property owners must be dated and certified to a date not exceeding thirty (30) daysprior to the date of the filing of the notice of appeal. (7) Judicial review of board's decisions. Any person aggrieved by any decision of the planning board. -or any officer, department, board, commission or bureau of the city- may a I 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 r,4Pw* 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 maybe renumbered or relettered and the word "Ordinance" maybe 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 type are deletions from existing law; Words in underscored type are additions. Temp Ord #1999 1 i SECTION 8: passage and adoption. 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 28t' day of May, 2003. PASSED, SECOND READING this 11' day of June, 2003. JOE SCHREIBER, MAYOR ATTEST: t.mJ--r RECORD OF COMMISSION VOTE: 1st R MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALASIS( DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS I HEREBY CERTIFY that U 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 fl DIST 4: VIM ROBERTS MlTCHE L S. T/ CITY ATTO NE ,-, CODING: Wards in strurk through type are deletions from existing law: Words in underscored type are additions. 1 1 Temp. Ord. #1996 February 3, 2003 1 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. #3 02/10/03 Rev. #4 02111 /03 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003- 04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24 OF THE TAMARAC CODE ENTITLED "ZONING",.BYDELETING 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 &9uGk4hFou0 type are deletions from existing law; Words in underngred type are additions. Temp. Ord. #1996 February 3, 2003 2 Rev. #1 02/05/03 Rev, #2 02/06/03 Rev. #3 02110/03 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 a ku&k--tbraugla type are deletions from existing law; Words in un erscored type are additions. Temp. Ord. 91996 February 3, 2003 3 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. #3 02/10/03 Rev. #4 02111/03 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: r .: a bGaFd Of adjUMMORt GQRrisfinq MQMI;A­ aeffieflh- = a FROM CODING: Words in r-IFusk 14augh type are deletions from existing law; Words In undet1cored•• ■ Temp. Ord. #1996 February 3, 2003 4 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. #3 02/10/03 Rev. #4 02111 /03 CODING 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 CODING:Fea6emble use of the k..114:RS OF . • deletions Words CODING: Temp. Ord. #1996 February 3, 2003 6 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. #3 02/10/03 Rev. 44 02/11 /03 ith the Words in type are deletions from existing Jaw; Words in underscoreQ type are additions. 1.1 Ternp. Ord. #1996 February 3, 2003 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. #3 02/10/03 Rev. #4 02/11/03 116 • •r . , 9#ida oF det-r-1--fiGn, and to that end shall hays all the p9wers gf the CODING: Words in etruok4hKwo type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1996 February 3, 2003 Rev. #1 02/05M Rev. #2 02/06/03 Rev. #3 02/10/03 Rev. #4 02/11/03 ,w. Nam ..M.Pr ....... . ....... L 7 t. i I. A 7. 111; 1 t iz 1, 1. 1 V"d, to. M. W-.,. CODING: Words in &VAK*4hFGWO type are deletions from existing law; Words in underscored type are additions. [7 7, LJ C Temp. Ord. #1996 February 3, 2003 9 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. #3 02110/03 Rev. #4 02111 /03 Temp. Ord. #1996 February 3, 2003 10 Rev. #1 02/05/03 Rev. #2 02/06/03 Rev. 93 02/10/03 Rev. #4 02/11/03 =007-0- - I. - EVVE SECTION 3! That the Board of Adjustment shall be sunsetted 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. CODING! Words in sWask4hrG64k3 type are deletions from existing law; Words in Undgrscorsd type are additions. 1 1 1 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: Wards in slFuGlk through 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 12t' day of February, 2003. PASSED, SECOND READING this 26" day of February, 2003. J ATTEST: SCHREIBER, MAYOR MARION SW NSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to,form. CITY A RECORD OF COMMISSIO VOTE: MAYOR SCHREIBER DIST 1: VIM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANO DIST �4: COMM. ROBERTS CODING: Words in etf4isk4►x9e0 type are deletions from existing taw; Words in underscored type are additions. n 1 CITY OF TAX". FLORID& ORDINANCE NO. ►L -- + AN ORDINANCE PROVIDING POR THE ESTAbLISA- HZNT OF A 9OARD OK AwilSTWNT; PROVIDING A MbTNOD OF AFPOIMWNT AND RX)MAL; PRO- ' VIbING POWERS AND DUTIRS; PROVIDING PROCE- DgRAL WTNODS TO BE FOLLCWED; PROVIDING NzTNOD or APPEAL TO THE BOARD OF ADJUST- MENT AND FROK ITS DECISICNS; REPEALING ORDINANCES IN C6MICT; CONTAININC A SAV- INGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAXARAC, FLORIDA- SSCrioN 1: Board of Adjustment; Creation and Composition: Term; Officers. (1) Creation and c ositioa. - There is hereby created a Board of Adjustment consisting of five members. Members of the Hoard of Adjustment shall be appointed by the City Council. In'additiou, the City Council may appoint cot more than two alternate members, desig- nating them as such. Such alternate members any sat in the temporary absence or disability of any regular member, or may act uhen a regular member is otherwise disqualified in a particular ease that may be pre - seared to the Aoard. No meaber or alternate momber 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 famm office,.yacancLes. - Members of Board of Adjustment shall serve for overlapping terms of three years or theresftar until their succeascrs are appointed; provided, however, subsequent -to the effsctive date of the Ordinance, the first appoinC- cents to the board of Adjustment constituted 'hereunder shall consist of two terms, three years in duration, tvo terms, four years In dur- ation, and one term, five years in duration, Not mars than a minority of the terms of such members shall expire in any one year. Any Aber of the Board of Adjustment say be removed from office for cause by the City Council upon +written charges and after public hearing. Any vacancy accuring during the unexpired term of office of any member shall be filled by the City Council for the remainder of the term. Such vacsncy shall be tilled within thirty days after. the vacancy occurs. (3) officers, rules of pKceadurga_ moloysas.and_salaries_, - The Hoard of Adjustment shall steer 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 Coortls- sion. The Hoard may create and ML such other offices as it may determine to be necessary for the conduct of its duties. Terms of all such office'@ shall be for one year, with eligibility for reelection. The Hoard of Adjustment shall adopt rules for transaction of its bus- iness, and shall keep a record of its resolutions. transactional find - Inge, and determinations, which record shall be a public record. Meetings of the Hoard shall be held at the call of the chairman and at such times'&$ chi board may determine. (4) hggropriAtions, fees and other income..- The City Council is authoTized and empowered to appropriate such funds as it taay see fit for salaries, fact and expenses necessary in the conduct of the work of the board of Adjustment. The City Council in authorised to eat&- blish a achodula of fees to be charged by the Board of Adjustment. The Board shall have the authority to expend all eves$ so appropriated. SBCTIOH 2. Board of AdIggkmontl Hower& d ties The Board of Adjustment shall have the following pavers end duties, (1) To hear and decide appeals when it is alleged that 'hare is error in any order, requirment, decision, or determination made by an administrative official in the enforcemant of any zoning ordinance or regulation adopted. (2) (a) To hear end decide such special exceptions as the Hoard of Adjustment is specifically authorized to pass on under the Curial 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 hsrewny with the purpose and intent of the zoning ordinances of the City of Tamarac, Florids or any ordinance enacted under the authority ;ranted hereunder. - 2 1 (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 Hoard of Adjustment may prescribe appropriate eoaditious and safeguards in conformity with the authority granted hereunder. Violation of such conditions and safeguards, when made a part of the terma under which the special exception is granted, shall be deemed a violation of the ordinance. (d) The.Board of AdjustmenC pay 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 suthorise upon appeal such variance from the terms of the ordinances as will not be contrary to the public.Laterest 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 authorise. any variance from the terms of the ordinances, the'9oard of Adjustment must find: 1. That special conditions and circumstances exist ;which are peculiar to the Land, etructurs, or building involved and which are not applicable to other lands, structures, or buildings in the same aonLna district; 2. That the special conditions and circumstances do not result fror the actions of the applicant; 9. That granting the variants requested will not confer on the applicant any special privilege that in denied by any ordinance to other lands, buildings, or structures in the some zoning district; A. 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 rill 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 is conformity with the authority granted hereunder, -Violation of such conditions and safeguards, w w when mods ■ part of the terse under which the variance is granted, &hell be deemed a vtolaeion of the ordinaaca. (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 complatad or both. (d) Under no circumstances except as permitted above shall the Board of Adjustment grant a variance to permit a use not Boner. ally or by special exception permitted in the zoning district involved or any use exproesly or by replication prohibited by the terms of the ordinances in the zoning district. No nonconforming uae of oeigh- boring lands, structures, or buildings in the sane soning district sod no permitted use of lands, structures, or buildings in other zoning districts @boll be considered grounds for -Cho authorization of a variance. SECTION 3: Board of Adjustment; Review of Administrative orders. In exercising its powers, the Beard of Adjustmant may, upon ' appeal and in conformity with the authority granted hereunder, revarie or affirm, wholly or partly, or may modify the order, requirements, daciaton, or determination made by an administrative official in the enforcement of any coning ordinance at regulation adopted, and may make any necessary order, requirement, derision, or daterniastion, and to that end shall have all the power* of the officer from whom the appeal is token. 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. StgJON 4s Appeals to Board of Adjustowmt from Decision of Adm nistrative official. Appeals to the Board of Adjustment may be taken by any parson aggrieved or by any officer, board, or bureau of the City of Tomarse, Florida affected by any decision of an administrative official under any zoning ordinance enacted. Such appeal shall be taken within thirty - 4 . days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and pith the Board of Adjustment a notice of appeal specifying the grounds thereof. The Appeal shall be in the fares prescribed by the rules of the board. The administrative official from whom the appeal is Lakan shall, upon notification of the filing of the appeal, forthwith transmit to the 8orrd of Adjust - meat all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken. SECTION 5; Sta of Work ind Proceeding on meal. An appeal to Cho Hoard of Adjustment stay& ail work on the promises and all proceedings in furtherance of the action appealed from, unless the official from whoa 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 ease, 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. SECTIpW 6: Board of Ad ustmeot• Hearin of A eals. 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 costa in conpectiou with appeals as may be determined by the City Council through action in setting of fact 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 betisi na Board of Ad ust ant, Any person or persons, jpLntly or severally, aggrieved by any decision of the Board of Adjustment, or any officer, department, board, - 5 - I commission, or bureau of the City of Tourac, Florida, may apply to the circuit court in the judicial circuit where the Board of Adjust- ment is located For judicial relief within thirty days alter rand- ition of the decision by the board of Adjustment, Review in the circuit court shall be either by a trial de nova, which &hall be governed by the Florida Rules of Civil Procedure, or by petition for writ of eextiorari. which &hall be governed by the Florida Appellate Rules, The election of remedies shall lit with the appellant. SECTION 9: .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, asntenee or ward be daclarad by ■ Court of competent juriadiction to be invalid, aucb decision $hall not affect the validity of the rmseiader hereof as a•vhoLa or any port hereof other than the part declared to be invalid. SECTION 10: This ordiosnw becomes effective i.me&ediacely upon its final passage, PASSED FIRST READING THIS QWAdsy of ,1974. PASSED SECOND READING THIS _j4j;day of ,1974. PASSED THIRD HEADING THIS Ia-' dry of .1974. 111EMY CERTIFY that I have approved the form and correetnesa MIR JACOBE or CWCIL van Mayor Johnson C a Vice Mayor Tucker Councilwoman Lange. Councilvawo Massaro Councilman Clicks men PAGE U2 91/31/2003 13:14 �1 Ch . I ri: t f m-ez14 ' CTATIrTrRY WVISION 11'CY:lil;l)4 h:Ktitilh:`TAt commission .11`41 tt�h�uch final re Lift ,a lltriu[ he pecupI a. th rn,nK b yIt npacto • (rrrerntaXe '- f toil that maY be Id1 elution: iel I)enartY,,f v'l which carinua ctasav of i f 1 (;�tpditirm+ a tdvtr•Alnhnue, incl,Idin6 of nnncunf•,rrnitity :ad u•ei'. thertty io .e1 fair a•,d rearnn:able !a:ntdules for � tS • ri and aiaea „f .rtructures h the etimtnati•r( it r Onennform,ng fA► Lit and lit•art to ;irasunrl nr ptriodi< t artaa • u ,rn art)• in 5 in tho• e n that du %qer tt) life on t Y a flondinR• ., ill be tt!raimitrd: and re 0[ pn,p- such arts+ the f erforn,antr: ttan,iarr3b nr u• arty and I„c+ti�,n �:' struct,,res ther<nn. (?) A11 +ueh r I�ti a bv4 nh.i11ehu1rt�utsr n t the r R other throulthnul each 'l diRsr . (runt Shc1+e In the dill rnaY n:,19, (Or the districts. t •.,r eot:) ratlrn=xt indurtr+CA. cammer^ location of trade•+, idrnres. nr buildings de- ciai cnterpri.re:+. e` siycntd fnr wpel'ifii sae+, reKulatc„n+ ma ub?acted thole uses that A i`YementRe.�uf�ia ypeclti) 11111ure• to fea.itnablr ri:tl I,s prohihitld t;s!•i ptrrnittt,t In nee rtiatrii;t rnaY in uth,:r dim, ta. kl„ r i nrl that ,rya;om►ic►ltl,cl 1 Shull prulea , ►ty of uses ct m n,nuted „r relimirlyted. ails •dl ice buundrriC. safety, lativ^s rnxnd ir.liro",t Puhlir: health, rib. prunivte.urdur, at pet`rani:e• crinrenlsn�t• a with cnrofort, welfare rnct '•hall be madx anil generil Other thkntii'• rea+onali1� ,'u,i•y:lr.ratin'�i).erial� •and their 'pt to tht e.li+ruf.ter if the Girl suitabilit>' cur particular saes and wit en - view to ;,user infr a �P<rtr •alut� ?lid cnvralfing the stunt aVpropr,itle sat of land throughout the nrsa. %so c1 M •its e Ito v! the Cornmtsttaa,rl air►tt i[ . urn, mad► by endati,rpa and suKilratiur.s dared the reeotrurl and until it her hold u the AnxernrnK b°dY v ith due public m,- r,t one public l,curirsil hold such add:tit,na; ru. The cn,nrnisalnn mat . Aflor earings a' it rt<a) cnniidt'Lubrnittedt b viIi he final rep4irt ha' been body ,halt s1lRnrd ominissivn, the lo•crninfClav 11 inLere't"d Pe{yci; I e 91o9 V!Itd to n% heard with rcftrenct tAi the prapused Lnni41 t)rdirkance at A public haant►K with Out riublit notice be(orls a np13119 aaia urdlnantrt /T....r.....rlt. f 167Z13 Zoraing, flup9b,vatating or amend• ing the toning ardinanc�udt mr3: amen,l nr it) The Io. erninY by an toning u dinanCo adopted ipurriusum 1.1- by any thin part after referral .and Ir harive-k rnar. rn• of the comm►llion. Proposild he goI ern ng body. by 'he mac m suKYestttd by etition of the owners of hftl• naiarioP, ur by vrsure of tht are+ in�•ul••ta1 ,n line percent r In the iattur tahr, tilt the pniPitiad chrhee'retluiretl ln' r-Kumi taw petitioner+ miY of public nntirE and •rthar Cvat` incidental to the holding If public hexarn „c rcl xtdlr,• i•„I T'ht ,ptanning r hall nr he. ' ChA therrt„n• „f the +r,urCo nf the pr°puaed.' c unK .. a hold r public hearing alit c.rc. with dot putt ics Li-tlbe ninaiAtrtd rnlr the ,, m if rnY" uha^i1 Writing its retommen,iali'.n+ naiadlun• „ubrit" in uverning Ural: A the prt'P""ed titn The to the K tiudl fur o8ic'u1Jlie�herri Ahiheriene own n dale pnhl.:: tgy 71U %uniiitC: pnicxdurt fnr establishing hnlrl a P i+ tO be cunrti4nrrd wrl h+rundaris�: wd'►Penn of rtgulation!i.-- notice• if litty ahangt Via rased change, It the di+tricl r:i'lyF+r KY ('U!dhfiti" halt then act tin lh0 p .Kr+! i7i 'rI: iACIyF• h ll not the rtcommsndutiun u( the eu111Mii„nn to the far to t„ the pr„p,ritd el,anKe. •such a h>,rtrai a ,r a.,tr yfpti�'rentrti.e rrcummnnd:atuttir ay _ i+,riots and sled by the [ by an atCirmalra't the buund►r!us q1 may be Prep• a[ the become rRsCtiva t}iecKntirt rnerrtheryhip of enfur` ed %hail rw"1t initiative .if u( a maiuritY vt c,rrr„ni1 n^ �a.,,rninA body' The Commis- 90vernsng bud,, :after aiue public: nirtira. request o1 ticc W cuf,manary heiarin"', ,ii.uir •-r1r. ch. •r•111. d xivn �hutl hot 1 {tuhlic P. a and P aces and and ci,n(errnct ` at s° it Ina),a determine to be upoit Ruch nor Wil r.•lid the public in nrceis•ary to i:ifarrn rt'etf aThe 114 the t,rcParatl'.n 'Mht`ti, yhatliiinrItadieMthe pro, trntati•'t rep�c '1, V,iitit r,rninif ,rdi°atVU wish rr1a1,� �a' tit the eXplanatury n rtrrialw, +hall 11 m:•d gu..rrnintt h•,rt• U}• thL C„mrnc++ii,n, ,1) rtt'71f.� L'y t;()VY:fttitN BODY .— Withi.1 thirty d.,)r if suet, rsa„►`rrb^glo tt,�IF icy ,ha11 tie fr►td of,un, the K. or tlodit`,r „r the ,n!.i Ianniin><t^mm�lla,4iol1 and tivt rupurt ", thayFh any „uttg�ationr and shall return i1• reconameudoti ln,. to relaye U Rnaf �reportt tie the curnmro+,ir n an, P. P art. pr,l,nuncn ku'der Lhr: evlhvriLy of thin P l after the n.11 report ur7thebcrimm i�iopas gal nnh�IL4 "been reet vied ljv the diverting bi,4. 1:1) J''INA • nj•:110ST ASta nt'rec��.—the t6] �xp hoard of ■dju+tment: creation e^ crrllaPoyilion; ter+es; ufficer`; etc--- ltr Al CULAT1(7ti A �A,ns,fnce of the alining theTlt� ern:nA part lip,l) shall catatt a board o1 adjurtrnc"'' t1•►. board arf rdjuatrncnt st+al ha•'N na't It."" i „f f,ce nor more than ten rn4tm4err• �tembcr. The t,irard tit +djusrtment shall lie. apV+•,n;eti b}• thin gir�'ernin,f t,oliv. In x,tditir,n. It.� K"�, body mad' appoint not m„r•r! tYar :tlttrn,ite mtinbrrr. designating th.�itt :c+ >ure• butt+ ;,itCCnNt< m9mifev, vrt:4y Nat all t�R !rlr purrr5' +bnenrc ur tli,at,ility of tin}' ratlu'al mumhor. or ma•• act %%htn a reintl;ir mi.n•err is uthcrN i>se di•qu4ali6ed in a I,ar:ccul.,,• t.,-r that may be preitnted tt, the b.,:u& SV f n+ her nr ;alternate member W 1111o. Unard ' juwtment shall lit is paid or ?lrcted i,r cmptnren ur the fttr•'ernia� hod•• iut•ulac.l 121 TF Y11M,; OF OFFICE. i1F MON'AI, t'Ri:l�! 1 is bn 6509221431 STAIWORV REVISION WAL*- bi 01 f 31 / 2003 13:14 IITt tv l ri•it con• stint � ld a4• c Too- Itinnal e Alter y the ll sRarrY y S4 EIe J tnninr v public end Ad or i Axed r and to e daiiuns s may bt e cum• i f hfty- r irtd in t se. the a me the it •idental ardlex:r 11, shall harton. t• Civic. le curn- d�Liuns rg tingly y +hall 1 e Dtlhlu d red anti 1[ th4 t-. arlt'erxc halt not. IV.! vale h )1 of the , k: C Nobion and r)N.--At. awt•.ritthe 1st. The Kai than nhers of ppr,inted the it,+%- hiin t—'P ;A+ iurh. he tern- rClrt,tar mem►te r ];or colic :y mism- 1 „{ all. finial or F' let, �,t Ch Iic:L I. 'li(;f)�•kRNmE%TrAI. PltoGRAMS f'h. 16:i d nder the authurity of this } i(� t'A1-ASCIUS.- Members of the bound OF,:" F - 'ustment shall ate a for u�•erlapp,ne terms of adI of not lej.-I than ;until et) eirmauecexror+�tare tail- or thereYat mare than a rrllnurity of the terms pointed• tons pnyumemamGtit3AhjjII tbs. o,ard of railjtrUnentymay AD - be ferntrwed fr•,rn t,tfiCt far cause by the ail- poinUng I[uvrrning bat, y upon written t'horg" and after publ;r. hear:ojl• Any •acrnry occur• t of long durinir the uneapirvtj term 'rt ,.�ircrning any rnernber ahali be titled by the d budy_.C,rn�erne,l Ent th : rt+ttuiAdrr of tied itrin- Such vaca�cY ihx'.1 be Al;ed. within thirty daY.r attar the ,(*%'soar of sirs. toll OFkWElt;. It :LKS OF 1,1t0(;k;l)l.;RF. •dlustme tard of � h ll elect t3 AN o cha}rmun unitr�+ "I" Chairtnrn front pan„n, its members and -[hall appoint r 0CUretary r hn may li¢ an uliiwet or employeu n! ih,+. Niuver ling body ,+r of the plan- nintc Cnrami+-sion• TIN board may carte rnA felt aut:h other othc'ti as it may determine to be T%ECissxry Gig tn. CvniluCl of Its duties. Terms sit all such ;Ill, �s 411311 tiunbe for one year.,," ith eligibility of at113itmetlt shaalt a•..-q[t salts for trillwaCtion of its Iluaints+, and r hall temp a re, „old of it+ tody- mtrtrti ,n.4, which �r, t d sh 11 tlrt ra lt�bliti rerec• eras 'NeetinlC» of th+ board ihuli lies held at the call ,1f the rh.,i •troan god :it .i1t:h tirnen as the looped rout' 1- (•Ir A1,1,9011RIA" IONS, ft:f:4 1►tiU Hill• it*d1ati,l'colpuwr..rrdFayapprujtrriat4holly such funla as it mar see ilt (.or a:.laries. far.., and oxprrnnor. necesarry In the ,:arduct sit the w„rk of the board nt adpistment The pilivrniijir hndy is authorited to eitablilh a schedule of feet to be 1;hsrited fay the I nartl or adjulatment. The board ,.Ball h.tve tbs authtariti• to r19cold all Slims !o apurirpriate I anti other .uni5 made ■vs,t,tllle for it+ u. a from fees •end ether a,,urcen (tor the purp tie and attiwltles author. Iced by this bast. Mup1--IN .0 AP,Ia. IlnArd of adjuMniornt : powers and dutirs.—T)tr i wir,l . r :1tliui(1vicrit �1t,r11 h;av, the f"Iltiwlnp fta,wer. ana dillies: (I) To hear +end ,Itcide appra)n when it in alleged that there i a error sit in,' nrvler, re.- tuirement, 11-isi,•n, fir dcUtrmin,nioli mule by an administr;tlIvv n lii lal itt the e..nhlrvemrnl of any fining •,rain; Haan -sr reguLlti�.n udnpied pursuant to. this flat t. t'2i,at/ T� hear :old ,la�ti,h- +ugh ♦pdrisl eeeeptioni its the bro; rd of sdjtistmlYlt it apecif irally ivath,tritod I-, pars fill under the, term. of tht Yonimr urofin; ni'e: I,, deride ouch truer thin+ ns sire in�•,alrr I in the d!tvrminxliurt ,r when ipecial es%tp.tuns should tit- xranterl end In grant spacial excepti„o, tt•iih t%ppropri ate i;',rrrliti'in..4 and iii(eituar,ls fir to fleny pr.ci.,l rlti7rnti..r,+ %t tits% rUat In h;irflU,ny M ith the paupers and in eat of thi• part nor sin ordinance enaa to ►+ part. ihl In granting any `Penal txttptivn the ver c aaff:t" thenat public intert:'will not ad- versely Orr In XT;anting soil apectal exception. the hnrrd of odluntmtnt may prda:rilre appropri- ate c•,editiuhs and s+f,cituarda in conformity With thin part and any nrdinance enxrttd under it. "inlation of such c4indittont and yaftllitartls• -hill inside a part of the terms under t4l the ailaOn ls granted. shall be ddeemed a ` �latinn of theordinance. rdi The board Not adjustment moiv prtstribe f reiai,tnut,le time limit within which the action for which the special exctptiu+e is required shall be begun ,+r completed •sir both-- T•he Vining urdinunrt shall require that the hnrrd of adjustment Shall confer wAh the plrnrLinIf rr,rratnisalirn got all cases invoiving retluelt-1 for special exceptions. i:!ituj Too adthuritt upon•l►ppeel,such vari- ance er.pro the tgirmso of %ht a publicdinse cur as heel not lie contrary owing to %lierial conditions, r literal enforce- ment of the pntciaiuns tat the ordinance would re',,it in unneeei.ary ;and undue hard11111W !n order top ruthrtrii.e any varlarice from the terms of the ordinarov, the bvard of adjustment must find, 1 That special cuttAitlunr' and a I;Lnd- .G[nev+ ex;st w'h1Ch are peculiar to the land, strict„rc. sir Luiltlinp lnvutt'"'and which art not apf+liri,l,le to 'rthrr lands. structures, or building,, in the jams' tonint district: That the special t•,tnditi..ina and Circum ntarl"s d., nut result from the action, c.f the rppl;cunt: •1. That granting the variunCe re,juetlled will itnL confer on the applicant ant' special pri%iltgd that it denied Isla this urdlnrhce Ln „thrr l:,nd1,, builthrisit, sir s=ructure., in the s%arn,r pining ifidtrict; 1. 'rh3t Itteral interpretati,ln of the prm'i- rivrt.,% art the ,trdinalirr. ,,would deprive the appli- t::tnt ..r right:+ rnmrnnnly enjoytt! by other )trnllerti0i in the tame tuning district under the trans air the ordinance and uvuld work unnvct jury :out undue hardnhip .in the appl,- c•ant: }, I'll.it the, wartxnce gr:utttd is the mini- m%o n wariunve that %••ill 11114116 possible the rcAmwrial+le u:+e u! the Isnd. Luildtnlr or +true- tu r tr . ii. That the grunt of the vntriince will be in harnt.trty ,with the itener:al intent and pur- pt.lpr I,( the ordinanct and that rush variance - will nut be injurious. to the area insolwed or K utherwia,- detrimental t,a the public welfare. 11.1 in xr:+ntinw si%y variance. the tow rd of f adjustment may prescribe ippropriaty t•omi- tiulrs altit +afeguar+is sit r.infvtMl1I, Ni'ith they - part and any rrdinance rnucled under its ;tuthotity. t'ialatinn of such (unditiuits And iraftltuardp, when made n part of the terms r under which the t'arianre is rrranted, xhaN be Illi3R Citation 1986 Fla. Op. Fla. AGO 86-34 (Cite as: 1986 Search Result Atty. Gen. 75 WL, 219767 (Fla.A.G.)) Page 1 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 2110 Park Street Jacksonville, Florida Dear Mr. Rich: - Ten Building 32204-3812 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 HOARD 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 IT of Ch. 163, F.S.1963, 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 IT 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 9. 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. 0 West 2003 No Claim to Orig. U.S. Govt. Works Page 2 1 1986 Fla. Op. Atty. Gen. 75 (Cite as: 198E WL 219767, *1 (F1a.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 1.63.3215, 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 F1a.Jur.2d Statutes s. 209. See, Mernaugh v. City of Orlando, 27 5o. 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 1.63.3174(4)(d), F.S., further provides that such local planning agency shall "[pierform 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- 163.321.5, 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 11 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 11 of Ch. 163, F.5.1983, 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. 0 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 (Fia.A.G.) END OF DOCUMENT Copr, 0 West 2003 No Claim to Orig, U.S. Govt. Works