The City Manager or the City Manager's designee is designated and authorized to enforce this Chapter.

(Code 1977, § 111.30)

The City Commission may from time to time amend, supplement, change or repeal the regulations, restrictions or district boundaries set out in this Chapter in the manner prescribed in the statute authorizing the City to zone.

(Code 1977, § 111.28)

State Law reference— Procedures for zoning amendments, F.S. § 166.041.

An application shall be approved, approved with conditions or disapproved. The goal for plan review and a decision upon any permit under this Chapter shall be 15 days. Failure to decide upon a permit under this Chapter within said 15-day period following the date of receipt of the application, fee and application, not counting the day of receipt and not counting any Saturday, Sunday or legal holiday which falls upon the 15th day, shall be deemed a disapproval of the application, unless said period is extended at the request of the applicant. An application which is materially incomplete or which is not accompanied by the required fee shall not be deemed to be accepted and the time for review of the application shall not commence until a complete application accompanied by the required fee is filed with the Planning and Zoning Department.

(Ord. No. 1-2003, § 1, 1-13-2003; Ord. No. 33-2004, § 2, 9-13-2004)

The City Manager may establish a schedule for service charges for services performed by the Planning and Engineering Departments; provided however, that such schedule of service charges shall not exceed an amount representing the City's actual costs of providing such services.

(Ord. No. 37-2004, § 1, 9-27-2004; Ord. No. 33-2006, § 1, 10-9-2006)

For the purposes of this Chapter, a Board of Adjustment is established.

(Code 1977, § 111.25(a))

(a)

The Board of Adjustment shall consist of five members appointed by the City Commission.

(b)

Members of the Board of Adjustment shall serve for staggered terms of three years. Any member may be reappointed by the City Commission. Appointments to fill any vacancy on the Board of Adjustment shall be for the remainder of the unexpired term of office.

(c)

The Board of Adjustment shall adopt rules of procedure regarding organization and procedure of the Board of Adjustment, its meetings, method of handling appeals and other related matters, which shall be in conformity with this Division and Division 3 of this Article and other applicable law.

(d)

When any member of the Board of Adjustment has three consecutive unexcused absences from regular Board meetings, the position shall become vacant. Absences shall be deemed unexcused, unless, at the next regular meeting of the Board of Adjustment following a member's absence, a majority of the members of the Board of Adjustment present determine that the absence was excused. In the event that the position becomes vacant, the City Clerk shall report said vacancy to the City Commission at the next regular City Commission meeting.

(Code 1977, § 111.25(b); Ord. No. 8-2007, § 1, 2-26-2007)

(a)

The Board of Adjustment shall have the duty and power to:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Planning and Zoning Director, the Building Official or other administrative official in the interpretation, application or enforcement of this Chapter.

(2)

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

(3)

Adopt rules of procedure.

(b)

In exercising the powers in subsection (a) of this Section, the Board of Adjustment, by the concurring vote of three members, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as sought to be made and to that end shall have all the powers of the official from whom the appeal is taken.

(Code 1977, § 111.25(d), (e))

Cross reference— Signs, ch. 102.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any department of the City affected by any decision of the administrative official. Such appeal shall be taken within 30 days after rendition of the order, requirement, decision or determination appealed from by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The appeal shall be heard by the Board within 30 days of the date of the filing of the notice of appeal and the decision shall be rendered by the Board within seven days of the conclusion of the evidentiary hearing.

(Code 1977, § 111.25(c); Ord. No. 1-2003, § 2, 1-13-2003; Ord. No. 33-2004, § 3, 9-13-2004)

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment of the City may apply to the Circuit Court of the Thirteenth Judicial Circuit for judicial relief within 30 days after rendition of the decision by the Board of Adjustment. Review in the Circuit Court shall be by petition for writ of certiorari.

(Code 1977, § 111.25(i))

(a)

A variance may only be allowed by the Board of Adjustment in cases involving practical difficulties or unnecessary hardship, when substantial evidence supports all of the following:

(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 district;

(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 Chapter to other lands, buildings or structures in the same zoning district;

(4)

That literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district 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 Chapter and the Comprehensive Plan and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

All of these findings of fact shall be made by the Board of Adjustment, which is not empowered to grant a variance without an affirmative finding of fact on all the above categories specified above.

(Code 1977, § 111.25(f)—(h))

Subject to the provisions of all applicable state and local laws and ordinances, permission may be granted by the Planning Board for the establishment of uses listed under uses requiring special approval, such uses to be considered for approval only within the zoning district for which they are specifically listed. Approval shall be granted by the planning board only after the board finds from the evidence produced in support of any such proposed use and after a study and recommendation from the planning board staff:

(1)

The proposed use does not adversely affect the general plans for the physical development of the city, as embodied within this Chapter and within any overall master plan of development or portion thereof which has been adopted by the city commission;

(2)

The proposed use will not be contrary to the stated purpose of this Chapter;

(3)

The proposed use will not adversely affect the health and safety of residents and workers in the city;

(4)

The proposed use will not be detrimental to the use or development of adjacent properties or properties within the general neighborhood;

(5)

The proposed use will not be adversely affected by the existing use of adjacent properties;

(6)

The proposed use will be placed upon a lot of sufficient size to satisfy the space requirements of the use; such lot in no case to be smaller than the minimum prescribed for the zoning district in which the use will be located;

(7)

The proposed use will be adequately served by public utilities in accordance with the requirements of the city;

(8)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use its facility or because of vehicular movement, noise or fume generation, or type of physical activity;

(9)

All standards and provisions set forth for each particular use for which a permit may be granted will be met; and

(10)

Provided that:

a.

The planning board may pose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood;

b.

The proposed use shall be subject to the minimum area, setback, and other locational requirements of the zoning district in which it will be located;

c.

The proposed use shall be subject to the off-street parking and service requirements of this Chapter;

d.

Wherever the planning board shall find, for any permit granted pursuant to this Chapter, that any of the terms, conditions, or restrictions upon which the use was granted are not being complied with, the board shall have authority to rescind and revoke the permit after giving due notice to all parties concerned and granting full opportunity for a public hearing; and

e.

Any approval granted by the board for a use requiring a special approval under this Chapter shall become null and void unless work thereon is substantially underway within six months of the date of approval of the use by the planning board.

(Code 1977, § 111.23(10))