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HomeMy WebLinkAboutOrdinance 180 Board of Adjustment ORDINANCE NO. 180 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, EXPANDING THE POWERS AND DUTIES OF THE BOARD OF ADJUST- MENT; AMENDING CERTAIN OF THE PROCEDURES OF THE BOARD OF ADJUSTMENT; AUTHORIZING THE GRANTING OF SPECIAL EXCEPTIONS IN CERTAIN CIRCUMSTANCES; AMENDING SECTION 44.21 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 44.21.1 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 44.22 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR SEVER- ABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been determined by the City Council of the City of Winter Springs, Florida, that the powers, duties and procedures of the Board of Adjustment should be amended and that the special excep- tions which may be granted should be given more definition. NOW, THEREFORE, the City Council of the City of Winter Springs, Florida, hereby ordains: Section 1: Section 44.21 of the Code of Ordinances of the City of Winter Springs, Florida, is amended and substantially recorded to read as follows: SECTION 44.21 - DUTIES AND POWERS -- GENERAL. The Board of Adjustment shall serve to grant any variances or special exceptions as delineated in this code. 1. The Board of Adjustment shall have the additional following specific powers and duties: A. To hear and decide only appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted. B. To hear and decide special exceptions as authorized under the terms of the City's zoning ordinances; to decide such questions as are involved in determining when special exceptions should be granted; and to grant special excep- tions with appropriate conditions and safeguards, or to deny special exceptions when not in harmony with the purpose and intent of the zoning regulations. In granting any special exceptions, the Board shall find that such grant will not adversely affect the public interest. In granting any special exception with appropriate conditions and safeguards, violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. The Board of Adjustment may prescribe a rea- sonable time limit within which the action for which the special exception is required shall be begun or completed, or both. The Board of Adjustment is authorized to grant special exceptions when the applicant is seeking a minor deviation from zoning requirements so long as the granting of such special exception does not cause a change of character in the neighborhood, does not constitute a re- zoning of the property in question or does not create a hardship for any of the adjacent property. The Board of Adjustment may also grant special exceptions within C-l Neighborhood Commercial Districts when the applicant has not sought a use listed in Section 44.47, when the use sought will not cause an undue hardship to the area of City, will not create a hazard or threat to the health, safety and welfare of the community, will generally comply with the character of the neighborhood and when the use is in harmony with the intent of the zoning ordinances of the City of Winter Springs. C. To authorize upon appeal 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 and undue hardship. In order to authorize any variance from the terms of the ordinance, the Board of Adjustment must and shall find: (i) 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; (ii) That the special conditions and circumstances do not result from the actions of the applicant; (iii) 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; (iv) 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 and would work unnecessary hardship on the applicant; (v) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; (vi) That the grant of the variance will be in harmony with the general intent and purpose of the ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 2. In granting any variance, the Board of Adjustment may pre- scribe appropriate conditions and safeguards. Violations of such con- ditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. 3. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally or by special exception per- mitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of the ordinance in the said zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning classification or district, and no permitted use of lands, structures or buildings in other zoning classifications or districts shall be considered grounds for the authorization of a variance. 4. The Board of Adjustment may promulgate such rules of pro- cedure as are necessary and not in conflict with the provisions of the Code of Ordinances of the City of Winter Springs or those Statutes of the State of Florida which are specifically applicable to municipali- ties. 5. In exercising its powers, the Board of Adjustment may, upon appeal and in conformity with provisions of this regulation, reverse or affirm, wholly or partly, or may modify the order, requirement, de- cision or determination as ought to be made, and to that end shall have all the powers of the officers from whom the appeal is taken. A majority vote of all members of the Board shall be necessary to re- verse 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 Board is required to pass under these regulations. Section 2: Section 44.21.1 of the Ordinances of the City of Winter Springs, Florida, is amended and substantially reworded to read as follows: Section 44.21.1 - PROCEDURES. 1. Upon receipt, in proper form and with appropriate fees, of an application for a variance or special exception, the Board of Adjustment shall agenda such application for consideration at a public meeting. 2. All such applications will be processed within sixty (60) days of receipt of same. 3. All meetings for consideration of a variance or special exception shall be noticed for at least seven (7) days prior to the date of the meeting with the following manner: A. Posting the affected property with a notice of the meeting which indicates the matter to be considered. B. Posting at City Hall a notice of the meeting which indicates the property affected and the matter to be considered. C. At least seven (7) days prior to the meeting, the Board of Adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet of the property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance or special exception requested and must require proof of delivery. 4. All interested persons shall be entitled to be heard at such meetings or to be heard by written statement submitted at or prior to such meeting. 5. In the event a special exception or variance is not authorized by the Ordinances of the City of Winter Springs, the person requesting the unauthorized action must submit an application pursuant to Section 44.16 of this Code. 6. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning re- gulations. Such appeal shall be taken within thirty (30) days after such decision is made 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 appeal shall be in such form as prescribed by the rules of the Board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith, transmit to the Board of Adjustment all the documents, plans, papers or other materials 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 well as due notice to the parties in interest and decide same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception shall be handled by the Board of Adjustment the same as for appeals. 7. Any variance or special exception which may be granted by the Board of Adjustment or City Council shall expire six (6) months after the effective date of such action by the Board of Adjustment or City Council unless a building permit based upon and incorporating the variance or special exception is obtained within the aforesaid six (6) month period. However, the Board of Adjustment or City Council may renew such variance or special exception for one (1) additional period of six (6) months; provided good cause is shown and the application for extension shall be filed with the Board at least thirty (30) days prior to the expiration of the aforesaid six (6) month period. Any renewal may be granted without public hearing; however, a reapplication fee may be charged in an amount not exceed the amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance or special exception previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed and a building permit based upon and incorporating the aforesaid variances or special exceptions has not been issued prior to expiration of such time limit. Section 3: Section 44.22 of the Code of Ordinances of the City of Winter Springs, Florida, is amended to read as follows: Section 44.22 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT.- 1. Any person, or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may, within thirty (30) days after the filing of any decision in the office of the Board of Adjust- ment, but not thereafter, apply to the City Council for administrative relief. After a hearing before the City Council, an aggrieved party may, within thirty (30) days after the decision of the City Council, file an appeal with a Court of a competent jurisdiction over the sub- ject matter. An appeal to the City Council shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the City Council after the notice of appeal shall have been filed with him that by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to lives or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City Councilor by a court of record on application, on notice to the officer or Board from which the appeal is taken, and on due cause shown. The City Council 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 appeal. Due public notice, as used in this section, involves the following requirements: At least fifteen (15) days' notice of the time and place of such hearing required under this action which shall be pub- lished one (1) time in a newspaper of general circulation in the area; provided, however, that if the hearing applies to a single lot, parcel or tract of land rather than to all of the lands within a planning area, governmental jurisdiction, zoning district, or other planning or governmental subunit, such notice shall also be posted in a con- spicuous place on such lot, parcel or tract of land. The notice shall state the time and place of the hearing, or the times and places of the hearings, the nature of the matter to be discussed, that written comments, filed with an appropriate designated official will be con- sidered and that persons appearing will be heard orally and may state that the hearings will be continued from time to time as may be found necessary. Affidavit proof of the required publication shall be presented at the hearing. Section 4: SEVERABILITY: If any section, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or in- validity shall not affect the remaining portions of this Ordinance, and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. Section 5: EFFECTIVE DATE: This ordinance shall take effect upon its final reading, passage and adoption by the City Council of the City of Winter Springs, Florida. PASSED and ADOPTED this 12th day of November, 1978. CITY OF WINTER SPRINGS, FLORIDA BY: Troy J. Piland Mayor ATTEST: Mary T. Norton City Clerk First Reading 10/10/78 Posted 10/11/78 Second Reading 10/31/78 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at the City of Winter Springs Community Building on Tuesday, October 31, 1978, at 7:30 p.m., or as soon thereafter as possible to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, EXPANDING THE POWERS AND DUTIES OF THE BOARD OF ADJUST- MENT; AMENDING CERTAIN OF THE PROCEDURES OF THE BOARD OF ADJUSTMENT; AUTHORIZING THE GRANTING OF SPECIAL EXCEPTIONS IN CERTAIN CIRCUMSTANCES; AMENDING SECTION 44.21 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 44.21.1 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 44.22 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR SEVER- ABILITY AND PROVIDING AN EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in the City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 11th day of October, 1978. CITY OF WINTER SPRINGS, FLORIDA B ~~;r~ Y M~~y-~ Norton, City Clerk CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at the City of Winter Springs Community Building on Tuesday, October 31, 1978, at 7:30 p.m., or as soon thereafter as possible to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, EXPANDING THE POWERS AND DUTIES OF THE BOARD OF ADJUST- MENT; AMENDING CERTAIN OF THE PROCEDURES OF THE BOARD OF ADJUSTMENT; AUTHORIZING THE GRANTING OF SPECIAL EXCEPTIONS IN CERTAIN CIRCUMSTANCES; AMENDING SECTION 44.21 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 44.21.1 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 44.22 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR SEVER- ABILITY AND PROVIDING AN EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in the City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 11th day of October, 1978. CITY OF WINTER SPRINGS, FLORIDA By ~r ~ Mary . Norton, City Clerk Evening Herald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared..........,.............,.. Ruth F. Rowley . . . . . . . . . who on oath says that she is Office Manager..........,.... .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a. ...Legal Notice......................... .in the matter of Public Hearing Re: Ordinance Expanding the Powers and Duties of the Board of Adjustment in the Circuit Court. as published in said newspaper in the issues of.... . . .October 15, 1978 Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 16th day of October A.D. 1978 Ruth F. Rowley (SEAL,) Notary Public . CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at the City of Winter Springs Com. munity Building on Tuesday, Oc. tober 31,1978,or as soon thereafter as possible to consider an Ordinance entitled as follows; AN ORDINANCE OF THE CITY OF WINTER SPRINGS ,FLORIDA, EXPANDING THE POWERS AND DURITES OF THE BOARD OF AD JUSTMENT CODE OF 9R~If\jA THE CITY OFW ,FLO. RIDA; "',~.I)!.~..~4kri~.T;ION 44.21.1 OF'. H'EHt'!)T)'~' pit OR. DINANCESOfTH!:~f~:OF WIN. TER SPRINIl~iID~,dlf\DA; A' MENDING SECTION 44.22 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING. FOR SEVERABILITY AND PROVID. ING AN EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of the City of Winter Springs, Florida.. F esiring to exa re invited to a TH the gen (1) ti pr ior' to hearing. DATED this 11th day of October, 1978. City of Winter Springs, Florida By, Mary T. Norton, City Clerk Publish- October 15, 1978 DEC68 bl ished in spa per of City, one (15) days 'the public '"