Loading...
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