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HomeMy WebLinkAboutOrdinance_503_10/12/1995• ORDINANCE NO. X03 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355 OF THE VILLAGE, THE COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, AT SECTION XIII, BOARD OF ADJUSTMENT, AMENDING SAID SECTION SO AS TO PROVIDE THAT THE BOARD OF ADJUSTMENT SHALL CONSIDER AND HEAR APPEALS AND VARIANCES RELATING TO SINGLE FAMILY STRUCTURES IN THE SINGLE FAMILY ZONING DISTRICTS OF THE VILLAGE; FURTHER PROVIDING THAT THE VILLAGE COUNCIL SHALL CONSIDER APPEALS AND VARIANCES RELATING TO ALL OTHER ZONING DISTRICTS AND PROPERTIES NOT UNDER THE JURISDICTION OF THE BOARD OF ADJUSTMENT; ESTABLISHING PROCEDURES; PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF • TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section XIII of Ordinance No. 355, as amended, is hereby amended to provide a new Section XIII to read as follows: "SECTION %III. APPEALS AND VARIANCES, BOARD OF ADJUSTMENT AND VILLAGE COIINCIL (A) Appeals and Variances. Appeals and variances described herein shall be considered by either the Board of Adjustment or the Village Council. The Board of Adjustment shall consider appeals and variances relating to single family properties and structures located within the R-1-A and R- 1 Single Family Dwelling Districts of the Village. The Village Council shall consider appeals and variances relating to all other properties not within the jurisdiction of the Board of Adjustment, including properties within the R-1-A and R-1 Single Family Dwelling Districts which are not single family, structures and properties in all other zoning districts of the Village, and appeals and variances relating to subdivisions in any zoning district. L~ • (B) Board of Adjustment. (1) A Board of Adjustment is hereby established, which shall perform its duties as provided by law in such a way that the objectives of this ordinance shall be observed, public health safety, and welfare secured, and substantial justice done. (2) The Board of Adjustment shall consist of five (5) regular members appointed by the Village Council and who shall serve without compensation and for a term of three (3) years. In addition to the regular board members, two (2) additional members, to be designated as Alternate #1 and Alternate #2, shall be appointed to serve in that order at meetings of the board when necessary on said board as a quorum. In the case of only three (3) members present, all present shall have to vote in favor of a variance to make it effective. Alternate members shall serve for two (2) years, but of the first appointed alternate members, one (1) shall serve for (1) year, and one (1) shall serve for two (2) years. Thereafter, alternate members shall be appointed for two- year terms. (3) Vacancies in the board membership by resignation, illness or other causes shall be filled by • the Village Council for the unexpired term of the member involved. Members of the Board of Adjustment may be removed from office by the Village Council upon written charges and after public hearing. The board shall select its own chairman and vice-chairman annually at the first meeting of the calendar year. The building official or his designated representative shall serve as clerk and advisor to the board. (4) All members of the Board of Adjustment shall be qualified electors of the Village. (5) The Board of Adjustment shall adopt rules of procedure for the conduct of its business, consistent with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairman, and at such time as the board may determine. Such chairman, or in his absence, the vice-chairman or acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board and its files or records shall be open to the public. (6) The Board of Adjustment shall also keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent, indicating such fact, and shall keep records of its examinations and other official • 2 • actions, all of which shall be immediately filed in the office of the board and shall be a public record. (C) Appeals, Hearing, Notice. (1) Appeals to the Board of Adjustment or the Village Council may be taken by any person aggrieved or by any officer, or bureau, or department of the governing body of the Village affected by any decision of the administrative officer charged with enforcement of that portion of the zoning ordinance relating to the powers and duties of the Board of Adjustment or the Village Council. Such appeal shall be taken within a reasonable time as provided by the rules of the board or the council, by filing with the clerk of the board or the council a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board or the council all of the papers constituting the record upon which the action was taken. (2) The board or the council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, by sending notice through regular mail to property owners of record within a three hundred foot radius of the outermost perimeter of the subject property • and by publication in a newspaper of general circulation within the community, 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. (3) In any matter brought before the board or the council and upon which it is required to make a decision, the parties in interest shall be given notice by mail of the time, place and subject matter of the hearing. For this purpose, the owner of the property shall be deemed to be the person shown on the current tax assessment roll as being the owner, and such notice shall be sent to the address given on such assessment roll for that person. (D) Stay of Proceedings. (i) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment or the Village Council after the notice of appeal shall have been 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 otherwise than by a restraining order which may be granted by the board or • 3 the council or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (E) Powers and Duties of the Board of Adjustment and the Village Council. (1) The Board of Adjustment and the Village Council shall have the following powers in regard to appeals and variances within their jurisdiction as defined under Section A of this ordinance: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto. (b) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. The power to grant any such variance shall be • limited by and contingent upon a finding by the board or council: 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 zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. 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; 4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance • 4 • and would work unnecessary and undue hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (c) In granting any variance, the Board of Adjustment or Village Council may prescribe appropriate conditions and safeguards in conformity with this section and any ordinance enacted by the Village Council. Violation 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. (d) In reviewing matters brought before it pursuant to the provisions of this section, neither the Board of Adjustment nor the Village Council shall exercise • authority or jurisdiction over matters which are specifically reserved to other officers, boards or agencies of the Village. Where site plan review is necessitated pursuant to the provisions of this ordinance, no decision of the Board of Adjustment or the Village Council with respect to a variance, or other matter, pertaining to the property in questions shall obviate the necessity for such site plan review. Where a requested building permit has been withheld by the building official for want of compliance with applicable laws and ordinances beyond the jurisdiction of the Board of Adjustment or the Village Council, no building permit shall be issued regardless of any decision of the board or council until the requirements of said laws and ordinances have been met. (e) Under no circumstances shall the Board of Adjustment or the Village Council 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 • 5 • be considered grounds for the authorization of a variance. (F) Decisions of the Board of Adjustment or the Village Council. In exercising the above mentioned powers, the board or the council may, in conformity with the provisions of this section, 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 all the powers of the officer from whom the appeal is taken. The concurring vote of three (3) members of the board or the council 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 it is required to pass under any such ordinance, or to effect any variation in such ordinance. Any request denied by the board or the council shall not be resubmitted for a period of ninety (90) days after the date of denial. (G) Appeals from the Board of Adjustment or the Village Council . • Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or the Village Council, or any taxpayer, or any officer, department, board or division of the governing body of the Village, may present to a circuit court a petition setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and such presentment shall be made within thirty (30) days of the filing of the decision. (H) Time Limitation. The Board of Adjustment or the Village Council may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. However, if no time limit is specified by the board or the council, then the variance shall expire within six (6) months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the aforesaid six month period and construction has begun thereunder. • 6 . (I) Filing Fee. (1) Upon filing an application to the Board of Adjustment or the Village Council, the applicant shall pay a fee to the Village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances, shall not be reimbursable, and is intended to defray the costs of administering, processing and reviewing the application. (2) The building official may waive the filing fee when the applicant seeks a variance to replace an existing screened swimming pool enclosure with a new screened swimming pool enclosure having the same dimensions but a greater height than the existing screened swimming pool enclosure." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other • ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Schauer who moved its adoption. The Ordinance was seconded by Councilmember Hansen and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION William E. Burckart Joseph N. Capretta Carl C. Hansen • ~ • Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Ordinance duly passed and adopted this 12th day of October , 1995. MAYOR OF TEQUESTA ,~C,L, ~ `7'~')Gw~ Ron T. Mackail ATTEST: V llage Clerk JCR\131530RD\BOA • • $