O95-44ORDINANCE NO. O95-¢Z'~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 2 ZONING. OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
BOYNTON BEACH, CREATING A NEW SECTION 10
ENTITLED "BOARD OF ZONING APPEALS";
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the evolution of statutory and judicial treatment of matters which
relate to variances have changed so significantly; and
WHEREAS, the City Commission of the City of Boynton Beach has deemed
it to be in the best interests of the citizens and residents of the City of Boynton
Beach to create a new board entitled "Board of Zoning Appeals".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 2." Z_0.Q[Qg" of the Land Development Regulations is
hereby amended by deleting Section 10. Board of Adjustment in its entirety and
creating a new Section 10, as follows:
Section 10. Board of Zoning Appeals.
A. COMPOSITION AND PROCEDURE:
1. The Board of Zoning Appeals shall consist of five (5) regular
members and two (2) alternate members, who shall be appointed by
the City Commission. Two (2) members shall serve for a term of one
(1) year from the date of appointment; and three (3) members shall
serve for a term of two (2) years from the date of appointment.
Vacancies created after expiration of these terms shall be filled by
appointments for three-year terms. One (1) alternate shall serve for
a term of one (1) year from the date of appointment; the other
alternate shall serve for a term of two (2) years from the date of
appointment. Vacancies on the Board shall be filled by appointment
bythe City Commission. Members of the Board may be removed by
a majority of the total members of the City Commission. Members
and alternates of the Board shall be electors of the City.
2. Meetings of the Board shall be noticed by the City Clerk.
3. All hearings shall be quasi-judicial and no order of the Board
is final until a written order is issued.
4. Minutes will be kept of all meetings of the Board and shall
include the vote of each member on each question.
B. POWERS AND DUTIES: The board of zoning appeals shall
have the following powers and duties:
1. To hear and decide appeals when it is alleged that there is
error in any order, requirement, decision, or determination made by
an administrative official in the enforcement of any zoning ordinance
or regulation adopted pursuant to this chapter (ordinance).
2. To hear and decide requests for special exceptions. To decide
such questions as are involved in the determination of when such
special exceptions should be granted. To grant special exceptions
with appropriate conditions and safeguards or to deny such special
exceptions when not in harmony with the purpose and intent of this
ordinance. The following standards apply to the Board power to grant
special exceptions:
a. in granting any special exception, the board shall
find that such grant will not adversely affect the public
interest.
b. In granting any special exception, the board may
prescribe appropriate conditions and safeguards in
conformity with this chapter. Violation of such
conditions and safeguards, when made part of the
terms under which the special exception is granted,
shall constitute grounds for the revocation of the
special exception and the certificate of occupancy or
occupational license associated therewith.
c. The board of zoning appeals may prescribe a
reasonable time limit within which the action for which
the special exception is required shall be begun or
completed or both.
3. To authorize upon appeal such variance from the terms of this
ordinance as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of the provisions of this
ordinance would result ~n unnecessary and undue hardship. In order
to authorize any variance from the termS of this ordinance, the board
must find:
a. That special conditions and circumstances exist
which are peculiar to the land, structure, or building
involved and which are not appl cab e 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
ordinance to other lands, buildings, or structures in the same
zoning district.
d. That literal interpretations of the provisions of
this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
zoning district under the terms of the ordinance 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 such variance will not be injurious to the area
involved or otherWise detrimental to the public welfare.
g. For variances to minimum lot area or lot frontage
requirements, that properiy is not available from
adjacent properties in order to meet these
requirements, or that the acquisition of such property
would cause the adjacent property or structures thereon
to become nonconforming. The applicant for such
variances shall provide an affidavit, with the application
for variance, stating that the above mentioned
conditions exist with respect to the acquisition of
additional property.
4. In granting variance:
a. The board may prescribe appropriate conditions
and safeguards in conformity with this ordinance.
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 ordinance.
b. The board may prescribe a reasonable time limit
within which the action for which the variance is
required shall be begun or completed or both.
c. Variances to lot area and maximum densities
specified in comprehensive plan. Where variances to
lot area requirements are requested, and such a
variance, if granted, would cause the density to exceed
the density shown on the future land use map of the
city's comprehensive plan, the density created shall be
construed to be in conformance with the comprehensive
plan, if the board finds that the variance meets the
conditions set forth in this section for granting same,
and the variance would only allow for the construction
of a single-family detached dwelling.
C. EXCEPTIONS.
Under no circumstances except as permitted above shall the
board grant a variance to permit a use not generally or by special
exception permitted in the zoning district involved or any use
expressly or by implication prohibited by the terms of this ordinance
in the zoning district. No nonconforming use of neighboring lands,
structures, or buildings in the same zoning district and no permitted
use of lands, structures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
D. REVIEW OF ADMINISTRATIVE ORDERS. In exercising its
powers the board may, upon appeal and in conformity with provisions
of this section, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination made by an
administrative official in the enforcement of any zoning ordinance or
regulation adopted pursuant to this ordinance, and may make any
necessary order, requirement, decision or determination, and to that
end shall have all the powers of the officer from whom the appeal is
taken. A majority vote shall be necessary to reverse any order,
requirement, decision or determination of any such administrative
official or to decide in favor of the applicant on any matter upon which
the boards is required to pass under this section.
E. APPEALS FROM DECISION OF ADMINISTRATIVE
OFFICIAL. Appeals to the board may be taken by any person
aggrieved or affected by any decision of an administrative official
interpreting any zoning ordinance. Such appeal shall be taken within
thirty (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, a notice of appeal specifying the
grounds thereof. The appeal shall be in the form prescribed by the
rules of the board.
F. STAY OF WORK AND PROCEEDING ON APPEALS. An
appeal to the board stays all work on the premises and all
proceedings in furtherance of the action appealed from, unless the
official from :whom the appeal was taken shall certify to the board that
by reason of facts stated in the certificate, a stay would cause
imminent peril of life or property. In such case, proceedings or work
shall not be stayed except by a restraining order which may be
granted by the Board, or by a court of record on application, on notice
to the officer from whom the appeal is taken and on due cause
shown.
G. HEARING OF APPEALS. The board 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. Upon the hearing, any party may appear in person,
by agent or by attorney. Applicants shall be required to file a proper
form (supplied by the Planning Department), a current certified survey
accompanied by a fee as adopted by resolution of the City
Commission. For procedural purposes, an application for a special
exception shall be handled by the board as for appeals.
H. REVIEW OF DECISIONS OF BOARD OF ZONING APPEALS.
Any person may appeal the decision of the Board to the City
Commission of the City of Boynton Beach within thirty (30) days after
rendition of the decision by the board. The Decision of the City
Commission shall be deemed final subject only to review by writ of
certiorari to the Palm Beach County Circuit Court.
WITHDRAWAL OR DENIAL OF APPLICATION.
1. Upon the denial of an application for relief
hereunder, in whole or in part, a period of one (1) year
must run prior to the filing of a subsequent application
affecting the same property or any portion thereof.
2. Upon the withdrawal of an application, in whole
or in part, a period of six (6) months must run prior to
the filing of a subsequent application affecting the same
property or any portion thereof, unless, however, the
decision of the board is without prejudice; and provided
that the period of limitation shall be increased to a two-
year waiting period in the event such an application, in
whole or in part, has been twice or more denied or
withdrawn.
3. An application may be withdrawn without
prejudice by the applicant as a matter of right; provided
the request for withdrawal is in writing and executed in
a manner and on a form prescribed by the board and
filed with the board at least one (1) week prior to any
hearing scheduled concerning the application;
otherwise, all such requests for withdrawal shall be with
prejudice. No application may be withdrawn after final
action has been taken. When an application is
withdrawn without prejudice, the time limitations for
reapplication provided herein shall not apply.
Section 2. Each and every other provision of Chapter 2 not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 3. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any
portion thereof be declared by a .court ;of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6 This Ordinance shall become effective January 1, 1996.
FIRST READING this ~/ day of November, 1995.
SECON!D, FINAL READING AND PASSAGE this ~.~ day of December,
1995.
CITY OF
)N BEACH, FLORIDA
Mayor
Vice Mayor
ATTEST:
Cit~Clerk
.~Commiss
Bd.zONINGaPPEALS
11117195Rev. 12/1/95, Rev. 12/5/95