Editor's note— Ord. No. 2019-05, § 2(r)(4), adopted 2019-05, repealed app. G, § 14-68, which pertained to the board of adjustments created and its composition and derived from Ord. No. 98-16, § 9, adopted May 27, 1998 and Ord. No. 2016-12, § 2, adopted Dec. 13, 2016.

14-69.1.

Powers and Duties.

(a)

When acting as a body making quasi-judicial decisions under the Land Development Code; the Board of Adjustments shall hear and decide such special exceptions as the Board of Adjustments is specifically authorized to pass on under the terms of the zoning regulations; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate condition and safeguards or to deny special exceptions when not in harmony with the purpose and intent of this ordinance or any regulation enacted under the authority of the Land Development Code.

(b)

When acting as the Fire Code Board of Adjustment and Appeals shall have the power to hear appeals of decisions and interpretations of the Fire Marshal and to consider alternatives to the Florida Fire Prevention Code. Such decisions shall be based on whether the alternatives or interpretations being appealed provide for relates to special situations arising from historic, geographic or unusual conditions; or if the alternative requirements result in a level of protection to life, safety or property equal to or greater than the applicable minimum fire safety standards. Decisions shall be rendered at the hearing and shall include the reasons for the decision. Such decisions shall be final, but subject to such remedy as may be available at law or in equity. All appeals granted must be exercised within six (6) months of the order or they shall be automatically deemed null and void. One (1) six (6) month extension may be granted by the Board if a written request for an extension has been submitted to the city in writing prior to the expiration of the six (6) month period.

(c)

In terms of exercising its authority under the provisions of the Land Development Code, the Board of Adjustments shall adhere to the following:

1.

In granting any special exceptions the board shall find that such grant will not adversely affect the public interest.

2.

In granting any special exception, appropriate conditions and safeguards may be imposed which are consistent with the protection of the public health, safety, morals or general welfare. Violation of such conditions and safeguards when made a part of the development order under which a special exception is granted shall be deemed a violation of the Land Development Code.

3.

The Board of Adjustments may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both.

4.

The following standards shall be applicable in determining whether the Board of Adjustment shall grant or deny a special exception.

a.

The grant of a special exception shall be in harmony with the purpose and intent of the Land Development Code, particularly those applicable to the zoning classification in which the special exception is located.

b.

The Board of Adjustment may not grant a special exception unless the applicant has demonstrated his compliance, or ability to comply with, the conditions imposed.

c.

The Board of Adjustments must find that the applicant has submitted sufficient evidence to assure that he, she, they or it is or will be able to comply with all requirements of the.

d.

The Board of Adjustments shall find that the proposed use will not generate an undue amount of traffic congestion which would tend to create a hazard or danger to the public or to persons in the vicinity from such use, or create a public nuisance.

e.

The Board of Adjustment shall find that the special exception will not materially alter the character of the surrounding neighborhood or adversely affect the value of surrounding lands, buildings or natural resources.

f.

The Board of Adjustment shall find that the special exception will not adversely affect the natural environment, natural resources or scenic beauty, or give rise of any pollution of the air, land or water, or cause unnecessarily injurious heat, noise or odor.

14-69.2.

Authorization Criteria Upon Application for a Variance from the Terms of the Land Development Code; Appeals.

(a)

The Board of Adjustments may authorize, after due public notice, the time and place of the meeting, and application upon a form prescribed by the Building Official, such variance or variances from the terms of this ordinance as will not be contrary to the public interest when, owning to special conditions, the literal enforcement of the provisions of the Land Development Code would result in unnecessary hardship or practical difficulty. Such variance application shall be heard only if it is presented by a person owning fifty-one (51) percent or more of the specific area of land involved or upon administrative application by the city.

1.

To justify any variance, the applicant must demonstrate all of the following:

a.

Special conditions or circumstances exist which are peculiar to the land, structure or building involved and which are not applicable generally to other lands, structures or buildings in the same zoning classification.

b.

The special conditions or circumstances do not result from the actions of the applicant and are not primarily economic or financial in nature.

c.

Literal interpretation or enforcement of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification under the terms of the Land Development Code.

d.

The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.

e.

The variance sought will not authorize or extend any nonconforming use or other nonconformity with respect to the land or structures in question.

f.

The granting of the variance will be in harmony with the general intent and purpose of the Land Development Code, will not be injurious to the area involved or surrounding properties and will not authorize a use of the property not permitted by its zoning classification.

g.

The variance sought will be consistent with the city's Comprehensive Plan.

2.

In granting any variance, the Board of Adjustments may prescribe appropriate conditions and safeguards in conformity with of the Land Development Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of the Land Development Code.

3.

The Board of Adjustments may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.

4.

No nonconforming use of neighboring lands, structures or buildings in the same zoning classification and no permitted use of lands, structures or buildings in other zoning classifications shall be considered grounds for the authorization of a variance.

(b)

Appeals of decisions of the Board of Adjustments may be made to the City Commission upon the filing of a written appeal detailing the asserted errors of the decision within thirty (30) days of the date of the rendering of the decision. Appeals shall be heard de novo.

14-69.3.

Appeals of Administrative Action.

(a)

The Board of Adjustments may hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Land Development Code.

(b)

Appeals of decisions of the Board of Adjustments may be made to the City Commission upon the filing of a written appeal detailing the asserted errors of the decision within thirty (30) days of the date of the rendering of the decision. Appeals shall be heard de novo.

14-69.4.

Exceptions.

No lot coverage or maximum north-south width variance or variances shall be granted from the terms of the T or RMF-1 zoning regulations.

(Ord. No. 98-16, § 10, 5-27-98; Ord. No. 2006-23, § 8, 9-27-06; Ord. No. 2016-12, § 2, 12-13-16)

Editor's note— Ord. No. 2016-12, § 2, adopted Dec. 13, 2016, amended App. G, § 14-69 and in so doing changed the title of said section from "Board of adjustment's powers, duties and responsibilities" to "Board of adjustment's powers, duties and responsibilities; to serve as the fire code board of adjustment and appeals," as set out herein.

Editor's note— Ord. No. 2019-05, § 2(r)(4), adopted 2019-05, repealed app. G, § 14-70, which pertained to the procedures of the board of adjustments and derived from Ord. No. 98-16, §§ 11, 12, adopted May 27, 1998 and Ord. No. 2016-12, § 2, adopted Dec. 13, 2016.