1.

Board Established: A Board of Adjustment is hereby established, which shall perform its duties as provided by law in such a way that the objectives of this Ordinance shall be observed, public safety, health, and welfare secured, and substantial justice done.

2.

Personnel and Organization: The Board of Adjustment shall consist of five (5) regular members appointed by the Town Council. In addition thereto, the Council shall have the authority to appoint up to two (2) alternate members to the Board of Adjustment. The members shall be appointed for terms of office to be determined by the Town Council. Vacancies in the Board membership by resignation, illness or other causes shall be filled by the Town Council for the unexpired term of the member involved. Members of the Board of Adjustment may be removed from office by the Town Council upon written charges and after public hearing. The Board of Adjustment shall select its own chairman and vice-chairman annually at the first meeting.

3.

Qualifications: All members of the Board of Adjustment shall be qualified electors of the Town.

4.

Proceedings of the Board of Adjustment: The Board shall adopt rules of procedure for the conduct of its business, consistent with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the chairman, and at such time as the Board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board and its files or records shall be open to the public.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

5.

Appeals from Decisions of Administrative Officials; Hearing; Notice: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, or bureau of the governing body of the Town affected by the decision of the administrative officer charged with the enforcement of the Zoning Ordinance. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the secretary of the Board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action was taken.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest as required by Florida State Statute, and decide the same within a reasonable time. Upon the hearing any party may appear in person, by agent or by attorney.

In any matter brought before the Board and upon which it is required of making a decision, the parties in interest shall be given notice by mail of the time, place and subject matter of the hearing. For this purpose, the owner of the property shall be deemed to be the person shown on the current tax assessment roll as being the owner, and such notice shall be sent to the address given on such assessment roll for that person.

6.

Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and 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 course shown.

7.

Powers and Duties of the Board: The Board of Adjustment shall have the following powers:

a.

To 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 this Ordinance or of any ordinance adopted pursuant thereto;

b.

[Reserved]

c.

To authorize upon appeal in specific cases such variance from the terms of the Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so justice done. The power to grant any such variance shall be limited by and contingent upon a finding by the Board:

1.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning districts;

2.

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

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in this same zoning district;

4.

That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant;

5.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

6.

That the grant of the variance will be in harmony with the general intent and purpose of this Ordinance, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. 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 this Ordinance. The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. Non-conforming use of neighborhood lands, structures or buildings in other zoning districts shall not be considered grounds for the authorization of a variance.

The Board of Adjustment is authorized to make findings of facts and conclusions relating to any variances, and to impose any reasonable conditions relating to such variances.

8.

Decisions of the Board. In exercising the above mentioned powers, such Board may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any decision, order, requirement, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinances, or to effect any violation in such ordinance. Any request denied by the Board shall not be resubmitted to the Board for a period of forty-five (45) days after the date of the denial, unless an appeal of such order is taken as provided herein.

9.

Appeals from the Board.

(a)

Within thirty (30) days of a denial of a rehearing by the Board of Adjustment, any person aggrieved or affected by such denial may file an appeal to be heard by the Town Council.

(b)

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment and the Town Council, or any taxpayer, or any officer, department, board or bureau of the governing body of the Town, may present to a circuit court a petition for issuance of a writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and within thirty (30) days of the filing of the decision of the Town Council.

10.

Filing Fee. A filing fee must accompany each request for the purpose of covering the costs of investigation, notification, publication and other operations incidental to the consideration of a matter by the Board of Adjustment or Town Council. The amount of the fee shall be set by Resolution.

11.

Reserved.

(Ord. No. 7-78-261, § 1, 7-18-78; Ord. No. 4-82-329, § 1, 4-6-82; Ord. No. 3-84-369, § 1, 3-20-84; Ord. No. 12-89-501, § 1, 12-19-89; Ord. No. 1-93-530, § 1, 2-2-93; Ord. No. 5-95-554, § 1, 6-6-95; Ord. No. 8-96-559, § 5, 9-4-96; Ord. No. 04-01, §§ 1—3, 6-15-04; Ord. No. 05-02, § 1, 4-5-05)