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HomeMy WebLinkAboutMunicipal Zoning A70 WO" CirA= 176 'L(;:ING 176.01 Definitions 176.02 Municipalities may regulate building, density of population, and the location and use of buildings, structures and land and water. 176.03 Division of municipality into districts for purposes of regulation. 176.04 Purposes in view in making regulations. 176.05 Municipality to provide prodedure; regulation, restriction or boundary not effective until after public hearing thereon; publication of notice of hearing • required. 176.06 Regulation, restriction and boundary subject to change . or repeal; protest • of change; vote required to effect change over protest; publication of notice of change required. 176.07 Zoning Commission. 176.08 Board of Adjustment. 176.09 Members of board of adjustment. 176.10 Proceedings of board of adjustment 176.11 Appeals. 176.12 Stay of proceedings. 176.13 Hearing of appeal; notice required. 1?6.11; Powers of Board of Adjustment. 176.15 Decision of board. 176.16 Review, circuit court. 176.17 Writ of certiorari 176.18 Return of writ. 176.19 Decision of the court; it may take evidence or appoint a referee. 176.20 Costs. 176.21 Preference of proceedings. 176.22 Enforcements of Ordinance or regulations under this Chapter; penalities for violation. 176.23 Legal proceedings may be instituted in addition to other remedies provided for violation of Chapter. 176.24 Powers granted in this chapter supplemental and cumulative. 176.01 D rrIT'IOTZS.:::: Wherever the term "municipality" is used in this chapter, it shall mean all cities and towns in the state. wherever the term "governing body" is used in this chapter, it shall mean the city or town commission, council, board of aldermen, or other governing bodies of any form whatsoever by whatsoever name known. 176.02 Municipalities may regulate building, density of population, and the location and use of buildings, structures and land and water.---For the purpose of promoting health, safety, morals or the general welfare of the communities and municipalities of the state, said muni-ipalities may regulate and restrict the heiF ht, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes. Wherever the : overning body of any municipality shall elect to exercise any of the powers granted to it under this chapter, said powers shall be exercised in the manner hereinafter prescribed and in accordance with the charter of such municipality. 176.03 DIVISION 01. 141=TPALITY INTO fTSTRICTS '.FOR PURPOSES OF RPGUTATIPN.--- For any and all said purposes the governing body may divide the corporate area of the said municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or '!.and. All such regulations shall be unifcrm for each -lass or kind of building throughout each district, but the regulations in one district may differ from those in other districts. 176.04 Purposes in view in making regulations.--- Regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to s;;cure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations 'shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout said municipalities. 176.05 NUNICIP ALITY TO PROVIDE P ROCEDURE: REGULATION, RESTRICTION OR BOUNDARY NOT E:'FECTIIE uIL AFTER PUBLIC HEARING THEREON: PUBLICATION OF NOTICE OF ? ARING REQUIRED.----The governing body of the said municipality shall ' provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined., established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in said municipality and if there be no newspaper published within the municipality then three notices bhall be published in at least three conspicuous places within the municipality including the city or town hall as the ease may be. 176.06 REGUT TTION, RESTRICTION AND BOUNDARY SUBJECT TO "RANGE OR REPEAL: PROTEST OF CH: G VOTE REQUIRED TO EFECT CHANGE OVER PROTEST: PUBLICATION OF NOTICE OF CHANGE REQUIRED.---Regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, or repealed. In case, however, of a protest against such change signed by the owners of twenty per cent or more either of the area of the lots included in such proposed change, or of those ircnediately adjacent in the rear thereof extending five hundred feet therefrom, or of those directly opposite thereto extending five hundred feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three-fourths of the governing body of said municipality. The provisions of 176.05 relative to public hearings and official notice shall apply equally to all changes or amendments. 176.07 ZONING COI S'ISSION.--- In order to avail itself of the powere conferred by this chapter, the governing body of said municipality shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the governing body of the said municipality shall not hold its public hearings or take action until it has received the final report of such commission. Where a city municipality ee already exists it may be appointed as the zoning commission. 176.08 PDJUST :ni T'.---The ;overning body of said municipality may provide 17U• i3llt�lLJ OF r +' said , for the appointment of a board of adjustments, and in the regulations and restrictions adopted pursuant to the authority of this chapter may provide that the said board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. 176.09 MEMBERS CF BOARD CF ADJUSTNT NT.-- The board of adjustment shall consist of five members each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. 176.10 ?ROC .ED:MOS OF BOARD OF ADJUST?T NT.---The board shall adopt rules in accor- dance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the board shall be held at the call of the chairman and at such times as the board. may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board 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 immediately filed in the office of the board and shall be a public record. 176.11 ArrEAIS.---Appeals to the board of adjustment may be taken by any person aggrieved or by any Officer, or bureau of the governing body of said municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable times as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forth-with transmit to the board all the papers constituting the reccrd upon which the action appealed from was taken. 176.12 STAY OF PROCEET)IiTGS.---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 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 of adjustment or by a court of record on applications, on notice to the officer from whom the appeal is taken, and on due cause shown. 176.13 H,_ARING OF i-PPEAL: NOTICE RE!UIRED.--- The board of adjustment 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 or by agent or by attorney. 176.3J4 k3:ERS OF BOARD OF ADJUSTI NT.---The Board of adjustment shall have the following powers: (1) 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 chapter or of any ordinance adopted pursuant thereto. (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to r.as:s under such ordinance. (3) 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, and so justice is done. 176.15 DECISIOd OF BOA D.---In exercising the above mentioned powers, such board may, in conformity with the provisions of this chapter, 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 four members of the board 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. 176.16 RFVIi W, CIRCUTT COURT.---Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the governing body of said municipality, may present to a circuit court a petition for issuance of a writ of certiorari, duly verified, setting forth that such decision is ellegal, in whole or in part, specifying the grounds of the illegality in the manner and within the time provided by the Florida appellate rules. 176.17 W.:?IT OIL CERTIORARI.---Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. 176.18 RETURN OF HIT..--- The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. 176.19 DECISION OF THE COURT: IT MAY TAKE EVIDENCE OR APPOINT A REFEREE.-- If, upon the hearing, it shall ap'-ear to the court that the testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constiture a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. 176.20 'CSTS.---Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision a:-:pealed from. 176.21 Pa -,"2LNCE OF hROCEEDII:GS.--- All issues in any proceeding under 176.114 through 176.20, shall have preference over all other civil actions and proceedings. 176.22 ENFORC71,7ENT CF GRDD ANCE OR REGULATTONS U?'DIR THTS CHAPTER; PET!ALTTRS FO1 GIOLATTC?i.--- The governing body o'' said municipality may provide by ordinance for the enforcement of this chapter and of any ordinance or regulation made thereunder. A violation of this chapter or of such ordinance or regulation is declared to be a misdemeanor, and the governing body of scid municipality r^ay provide for the punishment thereof by fine or imprisonment or both, It is also empowered to provide civil penalties for such violation. 176.23 LEGAL PROCEEDINGS MAY BE INSTITuRED IN ADDITION TO OTHER RE; DIES P RCVIDED FOR VIOLATION OF CHArTER.--- In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the governing body of said municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, land, or water, or to prevent any illegal act, conduct, business, or use in or about such premises. 176.24 PO ERS GRANTED IN THIS CHAPTER SUPPLEHEr AL AND CUMULATIVE.-- This chapter shall not be construed to have the effect of repealing, impairing, or modifying any general or special law granting any like or similar powers to any municipality in the state, but the powers herein granted shall be supplemental and cumulative. • •