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-�
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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