Board of Adjustment

Members must file a financial disclosure form with the State each year.

Duties & Responsibilities

Board Established

1. A board of adjustment is hereby established, which shall consist of five members and two alternate members to be appointed by the city council. During the month of February, 1971, five members and two alternates shall be appointed to the following terms:
   1. One member to a one-year term.
   2. Two members to two year terms.
   3. Two members to three year terms.
   4. Two alternate members to a one year term.
      Thereafter, as each term shall expire, all reappointments or new appointments shall be for a term of three years. Members of the board of adjustment may be removed from office by the city council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the city council for the unexpired term of the member affected.
2. The alternate member will serve as a member when due to the absence of one or more members, his attendance is necessary to constitute a quorum on the board for a meeting.
3. A member of the city council shall attend as ex-officio member at all board of adjustment meetings.

Proceedings

1. The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the city manager or chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings 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 examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the city manager.

Hearings / Appeals / Notices / Fees

1. Appeals to the board of adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved by any decision of the administrative official. Such appeals shall be taken within thirty days of the decision so appealed by filing with the city clerk 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.
2. The board of adjustment shall hear and decide appeals, at the next meeting which can be reasonably called with a minimum of ten days public notice thereof as well as a minimum of ten days’ (?) 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 attorney.
3. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is 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 other 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 administrative official from whom the appeal is taken and on due cause shown.
4. Fees are required with applications for change of zoning, special exception and variance, schedule to be set by resolution.

Powers & Duties

The board of adjustment shall have the following powers and duties: 

Administrative Review
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. 

Special Exceptions
To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the board of adjustment unless and until: 

• A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
• The owner of the property requesting a special exception and all other owners of property within one hundred feet of the premises for which the special exception is requested shall be notified by mail of the public hearing, date and time, to consider such request, at least ten days before the date of such hearing.
• The public hearing shall be held. Any party may appear in person, or by agent or attorney. A special exception shall not be granted unless the board of adjustment makes the following findings of fact:
• The proposed use will make a contribution to the neighborhood environment and will not detract from the general appearance of the surrounding community.
• The intended use will provide a needed service or fulfill a needed function compatible with the long range zoning goals of the city.
• Excessive vehicular traffic and traffic congestion will not be generated on surrounding residential streets.

Special Exceptions / Safeguards
In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this chapter, shall automatically render the special exception null and void and shall be punishable under Section 15-12 of this chapter. The special exception, if granted, must be exercised within six months from the date of the order granting same or it will automatically expire and will be rendered null and void. One six-month extension may be granted by the board of adjustment if a written request for same is received prior to the expiration date. Any special exception granted prior to the date of adoption of this subsection upon which no time limits were previously imposed and which have still not been exercised, shall have six months from the effective date of this subsection within which they must be exercised or they shall automatically expire and shall be rendered null and void. 

Variances
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 would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board of adjustment unless and until A written application for a variance is submitted demonstrating:

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 district.
2. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
3. That the special conditions and circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
   • No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
   • Notice of public hearing shall be given as in subsection (d)(2)b.
   • The public hearing shall be held. Any party may appear in person, or by agent or attorney.
   • The board of adjustment shall make findings that the requirements of subsection (d)(4)a. have been met by the applicant for a variance.
   • The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
   • The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

Variance Safeguards

1. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations 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 chapter, shall automatically render the variance null and void and shall be punishable under section 15-12 of this chapter. The variance, if granted, must be exercised within six months from the date of the order granting same or it will automatically expire and will be rendered null and void. One six-month extension may be granted by the board of adjustment if a written request for same is received prior to the expiration date. Any variances granted prior to the date of adoption of this subsection upon which no time limits were previously imposed, and which have still not been exercised, shall have six months from the effective date of this subsection within which they must be exercised or they shall automatically expire and shall be rendered null and void.
2. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

Decisions of the Board of Adjustment

1. In exercising the above mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this chapter, 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 powers of the administrative official from whom the appeal is taken.
2. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.

Appeals from the board of adjustment.  Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State of Florida.

Code of Ordinances Referenced

• Ordinance Number 96, Section .09, 3-30-77
• Ordinance Number 222, Sections 17 and 18, 7-18-90
• Ordinance Number 367, Section 6, 6-15-05