A Board of Zoning Appeals is hereby established and its members shall be the members of the Town Commission, with an alternate or alternates to be appointed by the Town Commission, who shall serve only in the absence of a member of the Town Commission. All alternate members shall serve for a 1-year term and shall be appointed annually at the first regular Town Commission meeting following the re-organizational meeting. If 2 or more alternates are appointed, 1 of the appointees shall be designated as the primary alternate, who will be contacted first should the service of an alternate be required. The word BOARD when used in this article shall be construed to mean the Board of Zoning Appeals.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 1) (Ord. 172, § 3, passed 12-1-1992; Am. Ord. 202, § 1, passed 6-5-2001)

The Board of Zoning Appeals shall elect its own Chairperson, Vice Chairperson and Secretary, and shall fix and prescribe the duties of each of them. All meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. The Chairperson, or in his or her absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meeting of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the votes of each member present and upon each question; or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation or amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be immediately filed in the office of the Board, and shall be and remain a public record.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 2)

(A)

Appeals may be taken to and before the Board of Zoning Appeals by any person aggrieved, or by an official of the town. The appeal shall be taken within such time as shall be prescribed by the Board of Zoning Appeals by general rule, by filing with the officer from whom the appeal is taken who shall forthwith transmit to the Board of Zoning Appeals, all of the papers constituting the record upon which the action appealed from was taken.

(B)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Town Clerk shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board, or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

(C)

The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give due notice thereof to the parties, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer from whom the appeal is taken. The concurring vote of ⅘ of all the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Town Clerk or to decide in favor of the applicant any matter upon which the Board is required to pass.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 3)

The Board of Zoning Appeals shall have the following powers and it shall be its duty:

(A)

Appeal hearings and decisions. To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Town Clerk in the enforcement of this chapter;

(B)

Appeal exceptions. In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:

(1)

Permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this chapter;

(2)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan; and

(3)

Permit the erection and use of a building or the use of premises for public utility or municipal purposes.

(C)

Authority on variances. The Board shall have the authority to grant the following variances.

(1)

Yard requirements. Permit a variance in the yard requirement of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variations will not seriously affect any adjoining property or the general welfare.

(2)

Instances of hardship. Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alterations of buildings or structures, or the use of land will impose upon him or her unusual and practical difficulties or particular hardship, such variances of land will impose upon him or her unusual and practical difficulties or particular hardship, such variances of the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of the variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter, and at the same time, the surrounding property will be properly protected.

(3)

Additional provisions. In consideration of all appeals and all proposed exceptions or variances to this chapter, the Board shall, before making any exceptions or variations from the chapter in a specific case, first determine that it will not impair an adequate supply of light, air and sunshine to adjacent property or unreasonably increase the congesting in streets or highways or increase the danger of fire or endanger the public safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the Town of Hillsboro Beach.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 4)

Any person or persons jointly or severally aggrieved by any decision of the Board, or any official of the Town of Hillsboro Beach may appeal to any court having appropriate jurisdiction in Broward County, Florida.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 5)

A fee of $100.00 shall be paid to the Town Clerk at the time the notice of appeal is filed, which the Clerk shall forthwith pay over to the Town Treasurer to the credit of the general revenue fund of the Town of Hillsboro Beach. The Town Clerk shall be required to mail or to send out a notice of the appeal to all residents of the Town of Hillsboro Beach in a manner to be prescribed by the Board of Commissioners.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 6)

Any variance granted under this chapter shall have a time limitation for completion of necessary work, and this completion date shall be set by the Board of Zoning Appeals at the time the variance is approved. In the event necessary work on this variance is not completed prior to the expiration date, the Board of Zoning Appeals shall have the right to require the owner or owners to replace the property to its original condition as it existed prior to the granting of the original variance, or to grant an extension if the extension is warranted to serve the best interests of the Town of Hillsboro Beach.

(1976 Code, Ch. 12, Div. 5, Art. XIV, § 7)