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.
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(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
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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
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