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HomeMy WebLinkAbout662 ORDINANCE NO. 6~ AN ORDINANCE OF THE CITY OF SANFORD~ FLORIDA~ AMENDING ORDINANCE NUMBER 362 OF SAID CITY~ AS AMENDED~ SAID ORDINANCE ESTABLISHING A ZONING PLAN WITHIN THE CITY OF SANFORD~ SAID AMENDMENT AMENDING SECTION 16 THEREOF~ BOARD OF ADJUSTMENT. WHEREAS~ Ordinance No. 362 of the City of Sanford~ Florida passed and adopted December 26, 1944~ as amended, provided in Section 16 thereof for the creation of a Board of Adjustment and prescribed the makeup, powers and duties thereof~ and WHEREAS~ the City Charter of the City of Sanford, Florida being chapter 26210 Laws of Florida, Acts of 1949, passed in 1949~ is in conflict with the aforesaid Section 16~ and the said Section 16 in the judgment of the City Commission of the City of Sanford~ Florida should be amended, NOW THEREFORE~ BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD~ FLORIDA: SECTION 1: That Section 16~ Board of Adjustment, of Ordinance No. 362 of the City of Sanford, as amended, be and the same is hereby altered and amended to read as follows: SECTION 16 - BOARD OF ADJUSTMENT A. PROCEDURE A Board of Adjustment is hereby established, which shall consist of five members to be appointed by the City Commission, each for a term of three years. Members of the Board of Adjustment may be removed from office by the City Commission for cause upon written charges and after public hearing. Vacancies shall be filled by appointment of the City Commission for the unexpired term of the member affected. 1. Proceedings of the Board of Adjustment The Board of ~djustment shalI adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the 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. Ail meetings 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 a public record and be immediately filed in the office of the City Clerk. 2. Hearings; Appeals; Notice Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official. Such appeals shall be taken within three (3) days after the date of receipt of written notification by the interested party or parties of the decision of the en- forcement official, by filing with the administrative official and with the Board of Adjustment a notice of appeal specifying the grounds thereof, and depositing with the Board of Adjustment a sum sufficient to cover cost of notice and posting. The administrative official 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 welI as due notice to the parties in interest, and decide the same within a reasonable rime. At the hearing, any party may appear in person or by agent or attorney. 3_a. Stay of Proceedings An appeaI 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 shali 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,, r)n notice to the administrative official from whom the appeal is taken and on due cause shown. ,.B.. POWER & DUTIES OF BOARD OF ADJUSTMENT The Board of Adjustment shall have the foIIowing powers and duties. 1. Administrative Review To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning & Planning Commission or any administrative official in the enforcement of this ordinance. 2 (b) (c) (d) (e) 2. Variances;~Conditions Governing A~plications~; Procedures T o authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the pubIic interest where, owing to special conditions, a literaI enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from less and until: the terms of this ordinance shall not be granted by the Board of Adjustment un- (a) A written application for a variance is submitted demonstrating: (i) That special conditions and circumstances exist which are peculiar to the land, structure, or building invoIved and which are not applicable to other lands, structures, or buildings in the same district; (2) That literal interpretation of the provisions of this ordinance wouId deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; (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 ordinance to other lands, structures, or buildings in the same district. No non-conforming 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 Hearings: The Board shall give public notice of the hearing in a newspaper of general circulation in the city of Sanford at least five (5) days prior to the date thereof. The Board shall also cause to be posted, on the building or property concerned, a public notice of the hearing at least five (5) days prior to the date thereof. The Board shall further notify the applicant, or his agent or attorney in writing, of the time and place of the hearing at Ieast five (5) days prior to the date thereof. The public hearing shalI be held. Any party may appear in person, or by agent or by attorney: The Board of Adjustment shall make findings that the requirements of Section 16, B, 2 (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 wilI make possible the 3 reasonable use of the land, building, or structure; (f) The Board of Adjustmerr shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In .granting any variance, the Board of Adjustment may prescribe appro- priate conditions and safeguards in conformk~y with this ordinance. Violation of such conditions and safeguards, when mada a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under this ordinance. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally or exception permitted in the by special district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district. 3. Decisions of the Board of Adjustment In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, 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. The concurring vote of four manbers of the Board shall be necessary to reverse any order, requirement, decision, or determi- nation of the administrative official, or to decide in favor of the applicant on any matter upon which it is required ro pass under this ordinance, or to effect any variation in the application of this ordinance. G._z. AI~PEALS FRO~M .THE BOARD OF ADJUSTMEN-i' 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 and particularly by the Charter of the City of Sanforck Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the City Clerk of the City of Sanford, Florida. Upon the presentation of such petition, the court may allow a writ of certiorari, or other proper writ, directed to the Board of Adjustment to review such decision of the Board of Adjustment. The allowance of said writ of certiorari, or other writ, shall not act as a supersedeas except upon special order entered by the court allowing the writ of certiorari or other proper writ. Do DUTIES OF ADMINISTRATIVE OFFICIALs BOARD OF ADJUSTMENT~ AND COURTS ON MATTERS OF APPEAl. It is the intent of this ordinance that all questions of inter- pretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by the Charter of the City of Sanford. SECTION 2: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: That this ordinance shall become effective immediately upon its passage and adoption. Attest: ~ ity 'C lerk~~~ PASSED AND ADOPTED this 27th day of October, A.D. 1958. Mayo~ .... Xs the City Commission of the City of Sanford, Florida 5