No amendment shall be enacted or reviewed that would be contrary to the general purpose and intent of these regulations. Any amendment shall adhere to the following provisions:

(1)

Board action. Amendments to these regulations shall be proposed by the planning and zoning board or shall be submitted for approval or suggestions of the planning and zoning board before being enacted.

(2)

City council action. The city council may adopt amendments to these regulations providing that it shall hold a public hearing, notice of which shall be given in at least two (2) weekly publications in a newspaper of general circulation.

(3)

Failure of passage. No amendment, failing of passage in its first proposal shall be resubmitted in the same twelve-month period.

(Ord. No. 1974-C, § 100.100, 9-17-74)

(a)

The district boundaries may be amended on the motion of the planning and zoning board, the city council, or upon the petition of the owners of the property in the area involved. Any person desiring a change or amendment to the district boundaries shall submit the same in writing, and on forms furnished by the city clerk, giving the following information:

(1)

Legal description of the property (as shown on an up-to-date survey, deed, or tax receipt);

(2)

A plot plan on a sheet of paper at least eight and one-half (8½) inches by one (1) inch in size, drawn to scale and including the following information:

a.

Name, address and telephone number of the applicant;

b.

North arrow, date and scale;

c.

Property lines, existing structures, proposed structures and contiguous streets;

d.

A description of the proposed structural usage.

(3)

Approximate acreage including the number of acres in the property as well as physical features; i.e., swamp, grove, lake, etc.;

(4)

Present zoning;

(5)

Requested action;

(6)

Names and addresses of abutting property owners. Abutting property owners shall be considered as those owners of any property lying within one hundred fifty (150) feet of the outside perimeter of the property being considered under the application, including across any street or road;

(7)

Applicant's signature and/or owner of record unless a power of attorney or letter authorizing the applicant to act as the duly authorized agent for the owner is submitted with the application.

(b)

A filing fee, which is nonrefundable, shall be paid at the time of filing for the requested action.

(c)

The application must be filed in the city clerk's office on or before 5:00 p.m. on the first working day of the month in which it is to be heard by the planning and zoning board. In addition, it shall be duly advertised for public hearing and shall be scheduled for hearing. The recommendations of the planning and zoning board will be forwarded to the city council for its consideration. The hearing may be postponed from time to time as found necessary, provided that unless a specific time and date for rehearing is scheduled at the public hearings involved, the time and date of the rehearing shall be readvertised.

(d)

Applications which have been denied without prejudice may be refiled after three (3) months. Other applications may not be refiled for a period of one (1) year. An application not specifically denied without prejudice shall be deemed denied with prejudice.

(Ord. No. 1974-C, § 100.101, 9-17-74)

State Law reference— Zoning amendment procedures, F.S. §§ 163.3184, 166.041.

All property or properties annexed into the city shall be brought in as R-18 zoning classification property, unless otherwise stipulated by the city council.

(Ord. No. 1974-C, § 100.11, 9-17-74)

(a)

Continuation of use. A use, building, or structure, lawfully in existence on September 17, 1974, which shall be made a nonconforming use, may be continued except as otherwise provided in this section.

(b)

Enlargement, extension, reconstruction, etc. No existing uses or structures devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted, or structurally altered except when changed to a conforming use or when required to do so by law as follows:

(1)

Restoration. Any nonconforming structure which has less than seventy-five (75) percent of its previously existing floor area made unsafe or unusable may be restored, reconstructed, or used as before, provided that the floor area of the use, building or structure, shall not exceed the floor area which existed prior to the damage. All repairs shall be completed within six (6) months after damages occur or the use shall not be rebuilt except as a conforming use.

(2)

Repairs. Normal maintenance, repair and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume or space occupied by the nonconforming use.

(c)

Termination.

(1)

Abandonment. A nonconforming use not used for a period of six (6) months or the change of a use to a more restricted or conforming use for any period of time shall be considered to be an abandonment thereof and the nonconforming use shall not thereafter be revived.

(2)

Partial destruction. When seventy-five (75) percent or more of the existing floor area of a nonconforming use, building, or structure is destroyed by fire or other casualty or act of God, and as a result becomes unsafe or unusable, the use of the nonconforming use shall thereafter be terminated.

(Ord. No. 1974-C, § 100.12, 9-17-74)

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, or convert or demolish any building or structure in the jurisdiction of this chapter, or cause the same to be done, without first obtaining a separate building permit for the buildings or structures from the city clerk. All permits are not transferable and must be issued to a specific owner and location. Construction must begin within ninety (90) days after the issuance of the permit and continued signs of advancement in construction must be obvious in order for the permit to remain valid. If no construction occurs for a period of more than thirty (30) days after the initial construction has been started, the permit will become null and void and a new permit must be applied for in order to complete construction.

(Ord. No. 1974-C, § 100.13, 9-17-74)

(a)

Any person requesting a conditional use permit shall file an application as required in section 60-401.

(b)

The planning and zoning board and the city council may, by ordinance, grant a conditional use permit if it is found, from the evidence presented at the hearing that:

(1)

The proposed use is desirable at the particular location;

(2)

That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity;

(3)

That the proposed use will comply with the regulations and conditions specified in the codes for such use;

(4)

That the granting of the conditional use permit will not adversely affect the general goals and policies of the city.

(c)

In granting a conditional use permit, the planning and zoning board and the city council may impose such conditions as they deem necessary and desirable to protect the health, welfare, and safety of the community in accordance with the purpose and intent of this chapter.

(d)

In granting or denying a conditional use permit, the planning and zoning board shall make a written finding which shall specify facts relied upon by the planning and zoning board in rendering its decision and in attaching conditions and safeguards, and shall fully set forth therein the facts and circumstances which fulfill or fail to fulfill the requirements of this subsection. A copy of this finding of facts shall be filed with the city clerk's office.

(e)

The effectiveness of the conditional use permit is expressly conditioned upon, and the conditional use permit shall not become effective for any reason unless and until the following events have occurred:

(1)

Permittees shall have agreed to each and every condition by properly executing and signing the conditional use permit.

(2)

The conditional use permit executed as indicated shall have been filed in the city clerk's office within three (3) months of its having been approved by the city council. Upon expiration of this period the permit shall become null and void and the permittee or permittees must apply for rehearing.

(f)

In the event of failure of the permittee to fulfill development in substantial accord with the plans as submitted to the planning and zoning board and the city council, comply with the codes of the governmental agencies having lawful and appropriate jurisdiction, or if the permittee violates any of the terms of the conditional use permit, the permit may be revoked after due public hearing before the planning and zoning board and the city council.

(Ord. No. 1974-C, § 100.14, 9-17-74)

(a)

Establishment. Pursuant to Florida Statutes and other applicable laws, as amended, a zoning board of adjustment is hereby established in the city.

(b)

Appointment of members. Appointments shall be made to the board of adjustment as provided for under F.S. § 163.220.

(c)

Officers. The board of adjustment shall elect from within the board a chairman who shall be the presiding member, a vice-chairman who shall preside in the chairman's absence or disqualification, and shall appoint a secretary, and any officers as deemed necessary by the board of adjustment. Terms of all officers shall be for one (1) year, with eligibility for re-election.

(d)

Meetings and quorum. The board of adjustment shall meet at regular intervals at the call of the chairman, at the written request of three (3) or more members, or within thirty (30) days after receipt of a matter to be acted upon by the board. Four (4) members of the board shall constitute a quorum.

(e)

Voting. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end the board shall have all the powers of the official from whom the appeal is taken.

(f)

Appeals, functions, powers, and duties. The board of adjustment will have the powers and duties as provided by F.S. § 163.225 as follows:

(1)

Interpretation of chapter. To interpret this chapter at the request of the planning and zoning board.

(2)

Granting of variances. To authorize upon appeal such variance from the terms of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, 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;

f.

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

The board of adjustment may make the granting of a variance conditional upon such alternative and additional restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purpose of these regulations. Violations of those conditions when made a part of the terms under which a variance is granted shall be deemed a violation of this chapter. In considering all proposed variations to this chapter, the board of adjustment shall, before making any findings in a specific case, first determine the proposed variation shall not constitute any change in districts shown on the zoning map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire or safety, or materially diminish or impair established property values within surrounding areas, or in any respect impair the public health, safety and general welfare of the city.

(3)

Appeals.

a.

Appeals to the board may be taken by any person affected by any zoning decision within thirty (30) days after the decision involved. The appeal shall be filed in writing at the city clerk's office, giving the same information as required under sections 60-401 and 60-402.

b.

A filing fee, which is nonrefundable, shall be paid at the time of filing. Filing shall be done in a manner similar to that in section 60-402(c).

c.

Final decision of the board of adjustment shall be made within thirty-five (35) days of the last public hearing at which it was considered, and shall be in the form of a resolution which shall set forth the reasons for the determination made, and if in favor of the applicant, shall set forth any conditions or safeguards required or any time limitations prescribed.

d.

Application for rehearing may be made in the same manner as the original appeal, provided however, that such application for rehearing may be denied by the board, if, from the record, it shall appear that there has been no substantial change in facts, evidence or conditions.

(Ord. No. 1974-C, §§ 100.15—100.17, 9-17-74)

Cross reference— Administration, Ch. 2; boards and commissions generally, § 2-276 et seq.

Any person, or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any officer, department, board or commission of the city, may apply to the circuit court in the judicial circuit where the board of adjustment is located for judicial relief within thirty (30) days after rendition of the decision by the board of adjustment. The proceedings in the circuit court shall consist of either a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by Florida Appellate Rules. The election of remedies shall be with the appellant.

(Ord. No. 1974-C, § 100.18, 9-17-74)