(A)

There is created and established a Board of Adjustment which shall consist of five regular members appointed by the Mayor and Councilmembers for staggered three-year terms. Members shall be qualified electors of the City. Upon the expiration of a Board member's term, the City Council member making the original appointment, or that City Council member's successor in office, shall appoint the Board member to serve during the new Board term. If for any reason, an appointment should not be made to fill an expired term, the incumbent will continue to serve until his successor has been appointed.

(B)

In the event of the death or resignation of a member or his failure to attend any three meetings within a 12-month period, a successor shall be appointed to fill the unexpired term by the Councilmember making the original appointment. In the event the original Councilmember is no longer in office, his successor shall fill the unexpired term.

(C)

The Board of Adjustment shall prescribe and adopt rules and regulations for proceedings hereunder.

(1)

Meetings of the Board shall be open to the public.

(2)

The Board of Adjustment 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 proceedings and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(D)

All consultant or support services to be furnished to the Board must be requested from and approved by the City Council or their designee prior to the services being secured.

(E)

An additional member shall be appointed to the Board and designated as the "alternate member," who shall be appointed by the Mayor and Councilmembers in the same manner as regular Board members are appointed, with the Mayor having the first appointment, and so on, as noted in division (A) above. The alternate member shall be required to attend all Board meetings and shall be subject to the same appointment, terms, and vacancy provisions as are regular Board members.

(1)

In the temporary absence or disability of a regular member, or in an instance where a regular member is otherwise disqualified to sit on a particular matter, the alternate member shall sit as a Board member to obtain a full membership, or, as nearly as possible, a full membership. When so acting, the alternate member shall have full rights of participation and voting as regular members; his vote shall be deemed that of a member in reaching a decision on a matter.

(2)

In instances where the alternate member is not sitting as a member, he shall have the right to participate in Board discussions and to ask questions, but shall have no right to vote or make motions. When the alternate member has been required to sit as a member on a particular matter the alternate shall continue to sit as a Board member through the disposition of the matter; and he shall not be replaced until the hearing on the matter is concluded.

(F)

The Board of Adjustment meets on the first Monday of every month on a regular basis. Emergency meetings can be called by action of the Mayor, Chairman of the Board, any City Council person, or the City Manager.

(G)

To permit the City staff sufficient time for review, research, posting, citizen notification, and other preparation that may be required, all applications to the Board must be received by the first day of the month for the application to be scheduled for hearing before the Board at its next regular meeting to be held on the first Monday of the following month. All applications received after the first day of the month shall be scheduled for hearing before the Board at succeeding monthly regular meetings. However, any Board application may be scheduled at an earlier Board meeting than provided herein, if the director of building and zoning and the City Manager determine that the City staff has sufficient time to prepare the application for hearing, that an expedited hearing will not prejudice the rights or interests of any party involved in the application, and that permitting the application to be heard on an expedited basis will be in the best interests of the City.

(H)

The City Building and Zoning Department shall furnish all required secretarial assistance to the Board.

(1)

Regardless of the number of Board members actually present at any meeting, all decisions of the Board must be passed by a majority of the entire Board.

(Code 1962, § 25-32; amend. Ord. 184, passed 2-8-54; amend. Ord. 723-87, passed 6-29-87; amend. Ord. 765-90, passed 6-25-90; amend. Ord. 852-99, 6-14-99; amend. Ord. 910-04, passed 3-22-04)

(A)

When there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, appeals to the Board may be taken by any person aggrieved, or by and department of the governing body of the City, affected by any decision of the administrative official. In its determination of what shall constitute such hardship as to warrant relief on appeal, the Board shall not be bound by financial considerations affecting the appellant.

(B)

The Board shall have the following duties and powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter.

(2)

To authorize upon appeal in specific cases the variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

(3)

In exercising the powers set forth in divisions (1) and (2), the Board shall act on all matters upon a majority vote of the entire Board, a majority of the Board being necessary for a quorum, but less than a quorum may adjourn to a specific time. The Board may reverse or affirm any 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 official from whom the appeal is taken.

(4)

In considering all proposed variations to this chapter, the Board shall, before making any findings in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map, and will not impair an adequate supply of light and air to adjacent property, or materially increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, and general welfare of the City.

(5)

Any variance granted either by the Board of Adjustment or by the City Council shall be null and void if the applicant does not obtain a building permit and commence construction within one year of the date of the granting of the variance. If unusual circumstances exist, and the applicant applies to the Board of Adjustment or the City Council, whichever granted the variance, for an extension, the variance may be extended by the Board or the council for an additional six-month period. No extensions beyond the time periods specified above are authorized.

(6)

Following the denial of an application for a variance by the City Board of Adjustment, no variance relief may be filed with the City and heard by the Board of Adjustment until after six months have elapsed from the date of the Board's denial.

(C)

The Chairman of the Board will advise all applicants that the Board's recommendation will be considered by the City Council, which will make a decision on the application. The Chairman of the Board will instruct all applicants that, if they wish to appeal, they must file a Notice of Appeal with the City Clerk within ten business days of the Council's decision. All appeals must be accompanied by the payment of an appropriate fee, which shall be established from time to time by City Council Resolution and included within the "Schedule of Charges" maintained and utilized by the City Building Department, and which amount shall pay the cost of all additional notices, posting and other preparations.

(Code 1962, § 25-33; amend. Ord. 184, passed 2-8-54; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 724-87, passed 6-29-87; amend. Ord. 762-90, passed 6-11-90; amend. Ord. 964-08, passed 1-28-08; amend. Ord. 1092-2017, passed 8-14-17)

(A)

No application to the Board of Adjustment shall be considered unless the applicant shall have first paid a fee to the City Finance Department of an appropriate amount which shall be established from time to time by City Council Resolution and included within the "Schedule of Charges" maintained and utilized by the City Building Department, required to cover the cost of making the investigations necessary to a consideration of the matter, the mailing of notices, and the preparation of documents for the building inspector, as may be considered sufficient to facilitate the proper consideration of the application by the Board.

(B)

At or before the time of the hearing, the applicant shall also submit a recent survey of the property in question showing the boundary lines, together with the boundaries of the proposed additions, for which the variance is applied for. In the event the building inspector deems it reasonably necessary to a proper consideration of the application, he may require the applicant to furnish, in addition to the above matters, a photograph measuring eight inches by ten inches of the property in question.

(Code 1962, § 25-33.1; amend. Ord. 184, passed 2-8-54; amend. Ord. 184.30, passed 2-27-61; amend. Ord. 437, passed 11-11-69; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 964-08, passed 1-28-08)

(A)

Intent. All decisions of the Zoning and Planning Board and Board of Adjustment are recommendations for action by the City Council. All such Board decisions must be affirmed by City Council motion prior to becoming final. In addition, no other provision or procedure set forth in the Code of Ordinances shall in any manner restrict or interfere with the power of the City Council to set aside, annul, or modify any decision of the Board of Adjustment or Zoning and Planning Board.

(B)

Review and appellate procedure. The following are the procedures to be followed in the review and appeal from recommendations of the Zoning and Planning Board and Board of Adjustment.

(1)

Following the meetings of the Zoning and Planning Board and Board of Adjustment conducted on the first Monday of every month, the recommendations of the Boards shall be reviewed and/or appealed in accordance with the following procedures:

(a)

All case recommendations of the Zoning and Planning Board shall be separately reviewed, as a matter of right, by the City Council at a regular or special City Council meeting following the determination of the City planner and City Manager that any such case is ready for presentation to the City Council for final review.

(b)

All case recommendations of the Board of Adjustment shall be reviewed at the next regular City Council meeting following the rendering of any such case recommendations by the Board.

(i)

At this time, the City Council shall either affirm the case recommendation of the Board by motion, or any City Council member may request a further meeting to be conducted on any board recommendation before the City Council, sitting as a board of appeals, on the last Wednesday of each month, which request shall be voted upon and may be granted upon an affirmative majority vote of the City Council.

(ii)

The motion to affirm the case recommendation of the Board of Adjustment shall constitute final City Council action on each case unless an Appellant, as defined herein, files a written "notice of appeal", accompanied by the appropriate appellate administrative fee (which shall be established from time to time by motion of the City Council) with the City Clerk within ten business days following the rendering of any case decision by the City Council.

For purposes of appeals before the City Council acting as the Board of Appeals, an "Appellant" shall be defined as:

any property owner of record within a 500-foot radius of a residential property that is the subject of an application;

any property owner of record on the same block as a residential property that is the subject of an application but who is not within the 500-foot radius of the subject property; or

for appeals of a non-residential property that is the subject of an application, any property owner of record within the City limits.

(iii)

The appellate administrative fee shall, however, not be required when a further meeting is approved as part of the City Council review process as provided in a subsection (i) above.

(iv)

Upon the receipt of any appropriate "notice of appeal" and appellate administrative fee for any board case, the City Clerk shall notify the City Planning Department and City Manager of the need to schedule a board of appeals meeting on the last Wednesday of the month. However, if no such "notice of appeal" is received within the required time on any board case which has been previously affirmed by City Council motion, then all such case decisions shall be final.

(v)

Notice of all board of appeals meetings shall be provided in the same manner as other board meetings of the City. However, the City planning department shall provide the applicant, the appellant, and all attorneys, representatives and other interested parties with adequate notice of the meeting in accord with § 150-114.5, so that sufficient opportunity is provided to prepare appropriate presentations for the board of appeals meetings.

(vi)

Notwithstanding the foregoing, the City Council retains the sole and exclusive discretion regarding the scheduling of appeals of Board of Adjustment case recommendations before the board of appeals.

(c)

Further appeals from any final decisions of the City Council in regard to any case recommendations of the Zoning and Planning Board or Board of Adjustment shall be maintained in accordance with the applicable appellate rules and procedures established by the laws of the State of Florida.

(Code 1962, § 25-33.2; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 861-2000, 2-14-00; amend. Ord. 910-04, passed 3-22-04; amend. Ord. 1092-2017, passed 8-14-17)

(A)

Upon recommendation from the City Zoning and Planning Board, or on its own motion, the City Council may, from time to time, amend, supplement, change, or repeal the regulations, restrictions, or district boundaries set out in this chapter in accordance with § 1.04(3)(a), (b), and (c) of the City Charter.

(B)

Notwithstanding any other provisions contained in this Code, the City Manager or the City Council may impose building and zoning moratoria in accordance with the procedures herein established.

(Code 1962, § 25-35; amend. Ord. 184, passed 2-8-54; amend. Ord. 552, passed 11-26-73; amend. Ord. 599-77, passed 3-28-77)

(A)

Except where modified by specialized procedures elsewhere in the Code, all variance requests shall be considered at public hearings, which shall be noticed as follows:

(1)

Adjoining owners. At least ten days before the public hearing, the City shall send notices of the proposed variance to the property owners of record within a 500-foot radius of a residential property or a 1,000-foot radius of a non-residential property which is the subject of the application. Such notices shall include the date, time and place of the public hearing before the Board of Adjustment, along with a clear and concise description of the proposed variance. Distances for purposes of mailed notice requirements shall be measured from the perimeter of the property subject to development approval, except that where the owner of the subject property owns contiguous property, the distance shall be measured from the perimeter of the boundary of the contiguous property. This subsection shall not be construed to mean that notice must be provided to property owners located outside of the City's boundaries.

(2)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the City at least 15 days prior to the hearing, with a second publication to be at least five days prior to the hearing. Notice shall also be posted in a conspicuous location at the City Hall, and may be posted at other public locations at the discretion of the City.

(3)

Applicant bears burden of cost. All costs of publication, mailing and posting shall be borne by the applicant.

(4)

Re-noticing. All costs of re-noticing the public hearing shall be borne by the party failing to comply with the applicable notice requirements, requesting the deferral or continuance, or whose actions are responsible for the deferral or continuance which may require re-noticing of the hearing. Continuances to a date certain, announced at the originally noticed meeting, shall not require re-notice of the new public hearing date. Continuances to unspecified dates or substantive changes to an application request during the period an application has been continued, shall require re-noticing for the new public hearing date.

(Ord. 1092-2017, passed 8-14-17)

(A)

The building inspector and code enforcement officer are designated and authorized to enforce this chapter under the direction of the City Manager.

(B)

Any person violating any of the provisions of this chapter shall be guilty of an offense against the City. The owner of any buildings or premises or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, or person employed in connection therewith, and who may have assisted in the commission of any violation, shall be guilty of a separate offense.

(C)

Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be punished as provided in § 10-99. Each day that a violation is permitted to exist shall constitute a separate offense.

(Code 1962, § 25-36) Ord. 184, passed 2-8-54; amend. Ord. 352, passed 4-25-66; amend. Ord. 599-77, passed 3-28-77)

(A)

Whenever it shall be made to appear to the City Manager that it is in the public interest to make a comprehensive determination as to whether existing zoning districts applying to a portion of the area of the City are appropriate, and it is further made to appear to him that the existing zoning districts may be detrimental to the area should they continue to remain applicable, and building permits be issued predicated thereon, notwithstanding any other provision to the contrary, the City Manager shall immediately instruct the City Clerk to call an emergency meeting of the City Council within 12 hours to consider the imposition of a moratorium, and the City Manager shall further instruct the City Clerk to post public notice of the meeting in an appropriate place in the recreation center, the field house, the public library, and, unless otherwise forbidden, in a conspicuous place in the United States Post Office in the City, and in such other locations as the council may direct, and to advise the news media of the meeting. If a majority of the council members present at the meeting concur in the determination of the City Manager, then they shall be resolution delineate the area in question, and prohibit the issuance of building permits thereon. If a meeting of the City Council cannot be called because a quorum of the City Council, as defined in the Charter and Code of the City, cannot be present at the meeting, or if the meeting is called and a quorum of the City Council is not present at the scheduled time and place, then the City Manager may immediately issue his administrative order delineating the area in question, and prohibiting the issuance of building permits thereon. The City Manager's determination shall be predicated on a consideration of the comprehensive plan, and shall be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

(B)

Any resolution or administrative order issued pursuant to division (A) shall be complied with by all City personnel, and shall be effective until reversed, modified, or superseded by order of the City Council.

(C)

Immediately upon issuance of any resolution or administrative order pursuant to division (A), the City Manager shall notify the City Clerk, whose duty it shall be to place the matter before the City Council for consideration and review following a public hearing as soon as is reasonably practicable.

(D)

The clerk shall give reasonable notice by publication in a newspaper of general circulation in the City of the public hearing which he has scheduled before the City Council.

(E)

At the public hearing, the City Council shall inquire into the propriety of a building moratorium, and may reverse, modify, or supersede any moratorium order previously issued. The council's determination shall be predicated upon the reasonable necessity for a detailed comprehensive analysis of the area in question, and the probability of detriment to the character of the area by the continued application of the existing zoning districts.

(F)

Should the City Council determine that a building moratorium is reasonably necessary, it shall order the same, and direct that no building permits be issued within the affected area. The council's order shall fix a time within which the City Manager shall report back to council with his recommendations relating to appropriate zoning districts for the affected area. the time limitation shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area. The initial council moratorium shall be for a period not to exceed 120 days. The council on its own motion or otherwise may continue any moratorium for a longer period of time, if reasonably necessary. This provision is supplemental to division (G) hereof.

(G)

Should the City Manager be unable to report back to the council within the time period prescribed by its moratorium order, upon timely request by the City Manager, and after public hearing on the need therefor, the council may reasonably extend the time limitation. The City Manager shall submit his report to the City Council and the Zoning and Planning Board. The Zoning and Planning Board shall make its findings and recommendations after public hearing to the City Council.

(H)

Upon the submission of the Zoning and Planning Board findings and recommendations to the City Council the City Clerk shall follow all public hearings as required in § 1-04(3)(a),(b), and (c) of the City Charter. After the public hearing, the council shall make its determination as to whether the zoning district shall remain the same or shall be changed. Should the council determine that the zoning districts shall remain the same, it shall immediately issue its order terminating the building moratorium. Should the council determine that the applicable zoning districts should be changed, or new districts created therefor, or special exceptions, variances, conditional use permits, and the like, altered or revoked, it shall issue its order continuing the building moratorium, and shall immediately take the actions required to accomplish the same.

(I)

Upon the completion of all zoning district changes relating to the affected area, the City Council shall issue its order terminating the building moratorium.

(J)

If any planning study performed by City officials or employees or a specially hired or appointed City agency indicated the necessity for zoning changes, the provisions of §§ 150-116—150-119 may be utilized to restrict the issuance of building permits until the changes have been finally considered by the City Council.

(Code 1962, § 25-37; amend. Ord. 552, passed 11-26-73; amend. Ord. 599-77, passed 3-28-77)

(A)

Should any person make written application to the City Manager for the issuance of an administrative order provided by § 150-116(A), and the City Manager refuses to issue the order or fails to take action thereon within 15 days, the person may make written application to the City Council for the issuance of a building moratorium by the council. Application to the council shall be filed with the City Clerk, whose duty it shall be to place the matter before the City Council as soon as is reasonably practicable for the council's determination as to whether a public hearing shall be called thereon. The City Manager shall be notified by the clerk of the date that the matter is to be considered by the council. The word PERSON as used in this division includes, but is not limited to, any individual, firm, corporation, and governmental entity.

(B)

Should the council determine that a public hearing should be held as to whether a building moratorium is appropriate, it shall call the same as called for in § 1-04(3)(a), (b), and (c) of the City Charter.

(C)

The procedure to be followed for this section, after the completion of the steps provided in division (A) and (B) above, is that set forth in § 150-116(E) through (I) of this Code.

(Code 1962, § 25-38; amend. Ord. 552, passed 11-26-83; amend. Ord. 599-77, passed 3-28-77)

Notwithstanding the issuance of any moratorium order, the City Manager may authorize the issuance of building permits for nondeleterious items including, but not limited to, fences, repairs, and the like matters, if he determines that the permit will not affect the outcome of the planning study, and the items are not subject to the approval of any other board or agency of the City.

(Code 1962, § 25-39; amend. Ord. 552, passed 11-26-73)

During the existence of any building moratorium, no applications for variances, special exceptions, or zoning district changes, minimum square footage requirement changes, unusual and new uses, modifications or elimination of conditions, or restrictions or limitations within the affected area shall be acted upon by any City agency, except as provided in § 150-116.

(Code 1962, § 25-40; amend. Ord. 552, passed 11-26-73)

(A)

Whenever it shall be made to appear to the City Manager that it is in the public interest to make a comprehensive determination as to whether the existing zoning map or partial master plans on file or hereafter to be prepared and adopted, and all future adopted master plans for the City (hereinafter referred to as the "City master plan"), as it applies to a portion of the area of the City, is outdated, and of little or no use in formulating correct zoning patterns in relation thereto, or as to whether existing zoning districts are compatible with existing or proposed growth patterns and land uses, notwithstanding any other provisions to the contrary, the City Manager shall immediately instruct the City Clerk to call an emergency meeting of the City Council within 12 hours to consider the imposition of a moratorium, and the City Manager shall further instruct the City Clerk to post public notice of the meeting as provided by § 150-116(A). If a majority of the councilmen present at the meeting concur in the determination of the City Manager then they shall by resolution delineate the area in question, and prohibit the consideration by a City department, board, or agency of any zoning amendment, modification, variance, special exception, or other zoning change, in the area. If a meeting of the City Council cannot be called because a quorum of the City Council, as defined in the Charter and this Code, cannot be present at the meeting, or if the meeting is called, and a quorum of the City Council is not present at the scheduled time and place, then the City Manager may immediately issue his administrative order delineating the area in question, and prohibiting the consideration by any City department, board, or agency of any zoning amendment, modification, variance, special exception, or other zoning change in the area. The City Manager's determination shall be predicated on a consideration of the comprehensive plan, and shall be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

(B)

Any resolution or administrative order issued pursuant to division (A) shall be complied with by all City departments, boards, and agencies, and shall be effective until reversed, modified, and superseded by order of the City Council.

(C)

Immediately upon issuance of any resolution or administrative order pursuant to division (A), the City Manager shall notify the City Clerk, whose duty it shall be to place the matter before the City Council for consideration and review following a public hearing as soon as is practicable, ten days after publication once in a newspaper of general circulation in the City of the public hearing which he has scheduled before the City Council.

(D)

At the public hearing, the City Council shall inquire into the propriety of the zoning moratorium, and may reverse, modify, or supersede the zoning moratorium order previously issued. The council's determination shall be predicated upon the need for a detailed and comprehensive analysis of the area in question which would enable the council to correct any deficiencies in the master plan or to provide any changes necessary or desirable in the master plan.

(E)

Should the City Council determine that a zoning moratorium pending the preparation of a detailed and comprehensive analysis of the area in question is necessary or desirable, it shall order the continuance of the City Manager's zoning moratorium order. The council's order shall fix a time within which the City Manager shall report back to the council with his recommendations in relation to modifying or correcting the City master plan as to the affected area. The time limitation shall be a reasonable one predicated upon the time needed for a comprehensive analysis of the area by the City Manager, and all planning agencies of the City.

(F)

Upon the submission of the City Manager's report and recommendations to the City Clerk, the clerk shall call a public hearing thereon before the City Council at the earliest practicable time, after reasonable notice as provided by § 150-116(A). After the public hearing, the council shall either amend the master plan and terminate the zoning moratorium order, or, if it finds no amendment in order or necessary, terminate the zoning moratorium.

(Code 1962, § 25-41; amend. Ord. 552, passed 11-26-73)

(A)

Should any person make written application to the City Manager for the issuance of an administrative order as provided by § 150-120(A), and the City Manager refuses to issue the order or fails to take action thereon within 15 days, the person may make direct application in writing to the City Council for the issuance of a zoning moratorium order. The application to the council shall be filed by the City Clerk, whose duty it shall be to place the matter before the City Council as soon as is reasonably practicable for the council's determination as to whether a public hearing should be called thereon. The word PERSON as used in this division includes, but is not limited to, any individual, firm, corporation, or governmental entity.

(B)

Should the council determine that a public hearing should be held on whether a zoning moratorium is appropriate, it shall call the same for the earliest practicable date and give ten days notice by the publication once in a newspaper of general circulation in the City as provided in § 150-116(A). Pending the public hearing, the council may issue an order prohibiting the consideration by any City department, board, or agency of any zoning amendment, modification, variance, special exception, or other zoning change in the area.

(C)

The procedure to be followed for this section, after the completion of the steps provided in divisions (A) and (B) above, is that set forth in § 150-120.

(Code 1962, § 25-32; amend. Ord. 552, passed 11-26-73)