Editor's note— Ord. No. 2011-007, § 2, adopted May 22, 2012, repealed § 24-55, which pertained to site plan and special exception approvals and derived from Ord. No. 198, adopted March 13, 1990.

Any applicant requesting and obtaining a public hearing on an application for change of zoning or other amendment to this chapter, site plan or special exception approval, or for a variance pursuant to this chapter, shall pay to the village clerk upon the adoption of the resolution calling the public hearing required hereby, the sum specified in the village fee ordinance as cost of advertising, publishing, and mailing the notices required by this chapter.

(Ord. No. 198, 3-13-90)

(a)

A certificate of occupancy, either for the whole or a part of a new building or for alteration of an existing building, shall be applied for coincident with the application for a building permit and shall be issued within three days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this chapter.

(b)

A certificate of occupancy for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building, shall be applied for and issued before any such land shall be occupied or used, or changed in use, and such certificate shall be issued within three days after application has been made, provided such proposed use is in conformity with the provisions of this chapter.

(c)

A certificate of re-occupancy is required by section 5-65 [see section 24-20 of this chapter] of the Code of Ordinances in the case of any transfer of ownership of a dwelling.

(d)

No land shall be occupied or used, and no structure hereafter erected, constructed, reconstructed or structurally altered shall be used or changed in use until a certificate of occupancy shall have been issued by the development administrator.

(e)

A record of all certificates of occupancy shall be kept on file in the office of the village clerk, and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. No. 198, 3-13-90)

In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of health, safety, morals or general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annual any easements, covenants or other agreements between parties, provided however, that where this chapter imposes a higher standard upon the use of building or premises, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall control.

(Ord. No. 198, 3-13-90)

(a)

Upon its own initiative, or upon the petition of the owners of a majority of frontage in any area, the village council may, after having held a public hearing following at least a 15 days' notice of a time, place and object of such hearing posted in three public places in the village amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established.

(b)

In case, however, of a protest against such change signed by the owners of record of 20 percent or more, either of an area of lots, included in such proposed change, or those immediately adjacent in the rear thereof, extending 375 feet therefrom, or those directly opposite lots, such amendment shall not become effective except by the favorable vote of four-fifths of all the members of the council of said municipality.

(c)

The provisions relative to public hearings and official notices shall apply equally to all changes or amendments.

(Ord. No. 198, 3-13-90)

(a)

A board of adjustment is hereby established. The word "board" when used in this chapter shall be construed to mean the board of adjustment.

(b)

The board shall consist of the members of the council, who shall serve ex officio during their term as councilmen.

(c)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the board of adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such chapter relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.

(d)

Meetings of the board shall be held at least once monthly, or at such other times as the board may determine, or upon call of the chairman. All meetings of the board shall be open to the public. The board shall adopt its own rules of procedure and keep minutes of its proceedings, showing its actions on each question considered. All records of the board and its official actions shall be filed in the office of the board and shall be a public record.

(e)

An appeal from the decision of the administrative offices may be taken to the board of adjustment by any person aggrieved, or by any officer, department or board of the village affected by such decision. The board shall also hear and decide all matters referred to it, or upon which it is required to pass.

(f)

The board shall prescribe by general rule a reasonable time within which a notice of appeal shall be filed with the board specifying the grounds thereof, and the officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken.

(g)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the board of adjustment after the notice of appeal shall have been filed with them, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property, in such case proceedings shall not be stayed otherwise than 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.

(h)

The board shall fix a reasonable time for the hearing of the appeal taken within the time specified by its rules, give public notice thereof as well as due notice to the parties in interest, and decide same within a reasonable time. Upon the hearing, any person may appear in person or by agent or by attorney.

(Ord. No. 198, 3-13-90)

The El Portal comprehensive plan shall be amended only in conformance with F.S. Ch. 163 as may be amended and chapter 17 of the Code of Ordinances.

(Ord. No. 198, 3-13-90)

This code shall be amended only in conformance with F.S. Ch. 166 as may be amended.

(Ord. No. 198, 3-13-90)