(a)

The board of adjustment of the city, consisting of five (5) members, is hereby created and established. The five (5) members now serving on the board of appeals of the city at the time the Charter is enacted shall continue to serve as the board of adjustment until the term of office for which each respectively was appointed shall expire or until their successors shall be appointed. Vacancies in the board of adjustment shall be filled by motion of the city commission and such new appointees shall serve for a period of three (3) years from the date of appointment. Each member of the board of adjustment shall be a resident, freeholder and qualified elector of the city. The board from its membership shall elect a chairman, vice-chairman and secretary. Members of the board shall serve at the pleasure of the city commission. The board shall meet regularly at such times as may be provided by ordinance, rules and regulations.

(b)

In case of temporary absence or disqualification of any member of the board of adjustment, the chairman of the board shall have the right and authority to designate any qualified person to serve as a substitute on the board of adjustment during the continuance of such absence or disqualification; but no substitute shall serve in such capacity for a longer period than one (1) month, nor shall more than two (2) substitutes serve on the board of adjustment at any time. In cases where substitutes are designated to serve for such limited periods, such fact shall be recorded in the official minutes of the board of adjustment before such substitute shall act in any matter presented to the board, and while serving, substitutes shall have the same powers as regular members.

(Code 1967, § 29-13; Ord. No. 88-3, § I, 2-22-88)

Robert's Rules of Order shall be used with reference to procedures of and before the board of adjustment and shall be consistent with the provisions of this Code and the provisions of the Charter. All meetings of the board shall be open to the public, and the board shall keep minutes of its proceedings showing the vote of each member upon each question submitted to it, or, if a member is absent or fails to vote, such fact shall appear upon its minutes. Copies of its minutes shall be immediately filed with the city clerk and shall become a public record.

(Ord. No. 88-3, § II, 2-22-88)

The board of adjustment is created for the purpose of receiving applications and hearing appeals in cases involving zoning regulations and, subject to appropriate conditions and safeguards, to make special exceptions to the literal enforcement of zoning ordinances of the city as will not be contrary to the public interests, and intent of the zoning ordinances, where owing to special conditions, a literal and exact enforcement of the provisions of zoning ordinances will result in unnecessary hardship in the use of property involved provided that any self-created condition shall not constitute a hardship; and to hear, determine and decide appeals from any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinances.

(Ord. No. 88-3, § III, 2-22-88)

The board of adjustment, acting only within the scope of its purposes as provided by ordinance, shall have the exclusive jurisdiction and power to perform the following duties:

(a)

The duty to hear and power to decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of zoning ordinances, and the power to modify or reverse such ruling; except that such power does not extend to orders regarding development permits as defined by F.S. Ch. 163, resulting from a quasi-judicial hearing which may only be appealed as provided by the state law and under the state court rules of civil procedure.

(b)

The duty to hear and power to authorize and grant variances in specific cases where such variance will not be contrary to public interests and the intent of the zoning ordinances; and only after consideration and review of the following standards after public notice has been published in a newspaper of general circulation at least ten (10) days prior to a quasi-judicial, public hearing on the proposed variance request:

(1)

Special conditions exist which are peculiar to the land, structure or building involved such that a literal and exact enforcement of the provisions of the zoning ordinances will result in unnecessary hardship in the use of property involved; and

(2)

The special conditions and circumstances do not result from the actions of the applicant; and

(3)

The granting of the variance shall be in harmony with the intent and the general purposes sought to be accomplished by zoning ordinances; and

(4)

The granting of the variance will not confer upon the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; and

(5)

The granting of the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(Ord. No. 88-3, § IV, 2-22-88; Ord. No. 06-01, § 2, 5-15-06)

Every appeal to the board of adjustments shall be in writing, on forms supplied by the city, accompanied by a nonrefundable fee of two hundred dollars ($200.00). Also, at the time of submitting an appeal to the board of adjustments, the appellant must pay an additional fee for estimated costs, including, but not limited, to certified mail. The costs shall be determined at the time of submission of the appeal, which will be a minimum payment of two hundred dollars ($200.00). If there are any additional costs incurred for certified mail, it is to be paid in full to the city upon approval or denial of appeal. Should the costs be less than the estimated amount, it is to be returned to the appellant at the completion of the appeal process.

(Ord. No. 88-3, § V, 2-22-88; Ord. No. 00-7, § 1, 8-7-00)

The order and decision of the board in every case submitted to it for consideration shall be in writing and in conformity with the decision made and contained in the minutes of the board. The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of any official upon zoning matters, or to grant a variance or special exception to the provisions of any existing zoning, building, or use ordinance. In granting any variance the board shall record in its minutes the circumstances and conditions constituting the hardship or practical difficulty upon which the variance is based. Any appeal considered by the board and receiving less than three (3) affirmative votes is automatically deferred until the next board meeting at which five (5) members are present.

(Ord. No. 88-3, § VI, 2-22-88)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, may present to the circuit court of the county by an action in chancery for declaratory decree or equitable relief a complaint of petition duly verified in the manner provided by law and setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality, provided the complaint is filed within thirty (30) days after such decision.

(Ord. No. 88-3, § VII, 2-22-88)

Editor's note— Ord. No. 06-01, § 3, adopted May 15, 2006, repealed § 31-318, which pertained to trailers, mobile homes and modular homes; exceptions prohibited and derived from Ord. No. 88-3, § VIII, adopted Feb. 22, 1988.