Defined terms contained in this section are provided in section 2-4 of this Code.

(Code 1967, § 25-2; Ord. No. 96-8, § 1(B)—(D), 8-8-96; Ord. No. 2004-23, § I, 1-13-05; Ord. No. 2019-07, § 2, 5-9-2019)

Cross reference— Definitions and rules of construction generally, § 1-2 Code of Ordinances.

(a)

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed; provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.

(b)

When a proposed amendment affects the zoning classification of property, and in case of protest against such change is signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending five hundred (500) feet from the street frontage of such opposite lots, and then such amendments shall not become effective except by the favorable vote of three-fourths of the city commission.

(Code 1967, § 25-14)

State Law reference— Ordinance rezoning property, procedure for adoption, F.S. § 166.041.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.

(Code 1967, § 25-15)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes the basis thereof and shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(Code 1967, § 25-16)

Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or any person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1967, § 25-17)

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof than the part so declared to be unconstitutional or invalid.

(Code 1967, § 25-18)

The city commission shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals and other matters pertaining to the chapter. The schedule of fees shall be posted in the office of the administrative official, and may be altered or amended only by the city commission. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Code 1967, § 25-13)

(a)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts.

(b)

It is further the intent of this chapter that the duties of the city commission in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city commission shall have only the duties:

(1)

Of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law;

(2)

Of establishing a schedule of fees and charges as stated in section 4-8; and

(3)

Of hearing and deciding applications for special exceptions.

(Code 1967, § 25-12)