(a)

The board of adjustment, consisting of five members who shall serve without compensation, is appointed by the city commission from among the residents of the city, to serve for three years, except for the ensuing three years period during which time the following procedures shall be followed:

Year one—One new member; four existing members.

Year two—Two additional members, leaving two of the existing members.

Year three—Two additional members, leaving none of the existing members.

(b)

Removal for cause. Members of the board shall be removable by the city commission for cause shown upon written charges being filed, after public hearing and finding of probable cause of violation. The written charges shall specify with particularity the allegations against the member being so charged.

(c)

Vacancies. Vacancies occurring in the membership of the board of adjustment by resignations, illness, loss of any of the qualifications, removal for cause or for other reasons, shall be filled by the city commission for the unexpired term of the members involved. In the event that staff is unable, using due diligence, to schedule a hearing of the board of adjustment within a reasonable time after the application(s) is/are filed using due diligence, the city commission shall decide variance cases until the board is capable of being properly empaneled at a meaningful time after a variance application is filed. The city commission shall use all procedures established herein as would the board of adjustment.

(d)

Proceeding of the board of adjustment. The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such times 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 shall be open to the public.

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 examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

The office of the board of adjustment is hereby declared to be the office of the city clerk.

In exercising the powers described in subsection (f) herein, the board 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 ought to be made and to that end shall have all the powers of the official from whom the appeal is taken.

(e)

Appeals; hearings; notice. Appeals to the board of adjustment may be taken by any person aggrieved by the final decision of the sanitation/building commissioner in applying or interpreting this chapter. Such appeal shall be taken within 30 days after rendition of the order, requirement, decision or determination appealed from by filing with the city clerk a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person, or by agent, or by attorney.

(f)

Powers of the board of adjustment. The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, determination, permit or refusal made by the sanitation/building commissioner or other administrative official in the interpretation, application or enforcement of this chapter.

(2)

To 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 special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. In order to authorize any variance from the terms of the ordinance, the board of adjustment must find:

a.

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;

b.

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

c.

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;

d.

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 under the terms of this chapter and would work unnecessary and undue hardship on the applicant;

e.

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

f.

That the grant of the variance will be in harmony with the general intent and purpose of the 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 shall prescribe any conditions or safeguards it deems to be necessary or desirable, and violation of such conditions or safeguards, when made a part of the terms under which a variance is granted, shall be deemed to be violation of this chapter.

(3)

To adopt rules of procedure.

(g)

Judicial review of decisions of the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment may apply to the circuit court in the judicial circuit where the board of adjustment is located 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, which shall be governed by the Florida Appellate Rules.

(h)

Fees. The city commission may establish such fees or charges as it may deem necessary to be paid by the applicant due to the costs incurred by the city for said request for a variance or appeal before the board of adjustment. Said fee shall be paid at the time of the filing of the appeal before the board of adjustment.

(Ord. No. 97-01, § 6, 1-7-97; Ord. No. 08-2021 , § IV, 7-20-21)