Appeals from Community Development Board City of Atlantic Beach
Appeals from the Community Development Board
Quasi-judicial proceedings are not controlled by strict rules of evidence and procedure, but
certain standards of basic fairness must be adhered to in order to afford due process. In quasi-
judicial zoning hearings the parties must be able to present evidence, cross-examine witnesses and
be informed of all of the facts upon which the Commission acts. The hearing must be fair and
impartial and contain the following requirements:
o Notice
o Quasi-judicial Hearings can be very informal. The record must be made at the hearing and
the parties must be able to comment on the evidence or to introduce contrary evidence
o Written decision. The decision must be based on the record as it is produced at the hearing,
and should include an analysis of the applicable statutes, ordinances, regulations, and policies
as well as the facts
o Fairness protections require an unbiased decision maker, which in turn requires protecting
the decision maker and the process from ex parte contacts and from political influence
Suggested Procedure:
o Disclosure, if applicable, by the Commission of any Ex-Parte communications (per
resolution 95-26, each Commissioner must disclose the subject of the communication and
the identity of the person, group or entity who made the communication before final action.
o Staff presents the subject matter and timeline of the application, decision of the Community
Development Board and appeal,
o Interested Property Owners (Dr. & Mrs. Roy) present the appeal, argument and witnesses
o Applicant (Dr. Doward) responds
o Staff, Interested Property Owners and Applicant provide any rebuttal
o Closing arguments, if any
o Commission Decision, which will be memorialized in writing
See the Back Side of this Page for Related Ordinances
Related Ordinances
Sec. 24-49(b) -Appeals.
Appeals of administrative decisions made by the community development director and appeals of final decisions of the
community development board may be made by adversely affected person(s) in accordance with the following provisions.
Appeals shall be heard at public hearing within a reasonable period of time with proper public notice, as well as due notice to
the interested parties.At the hearing, any party may appear in person,by agent or by attorney.
Appeals of decisions of the community development board. Appeals of a decision of the community development
board may be made to the city commission by any adversely affected person(s), any officer, board or department of
the city affected by any decision of the community development board made under the authority of this chapter. Such
appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order,requirement,
decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified,
setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part,
specifying the grounds of the conflict or violation.The petition shall be presented to the city commission within thirty
(30) days after the filing of the appeal with the city clerk.
Sec. 24-64. -Variances.
A variance shall not reduce minimum lot area,minimum lot width or lot depth, and shall not increase maximum height of
building or impervious surface area as established for the various zoning districts. Further,a variance shall not modify the
permitted uses or any use terms of a property.
(c) Grounds for denial of a variance.No variance shall be granted if the community development board,in its discretion,
determines that the granting of the requested variance shall have a materially adverse impact upon one (1) or more of the
following:
(1)Light and air to adjacent properties.
(2) Congestion of streets.
(3) Public safety,including traffic safety,risk of fire, flood,crime or other threats to public safety.
(4) Established property values.
(5)The aesthetic environment of the community.
(6)The natural environment of the community,including environmentally sensitive areas,wildlife habitat,protected
trees,or other significant environmental resources.
(7)The general health,welfare or beauty of the community.
Variances shall not be granted solely for personal comfort or convenience,for relief from financial circumstances or for relief
from situations created by the property owner.
(d) Grounds for approval of a variance.A variance may be granted,at the discretion of the community development board,
for the following reasons:
(1) Exceptional topographic conditions of or near the property.
(2) Surrounding conditions or circumstances impacting the property disparately from nearby properties.
(3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the
area.
(4) Onerous effect of regulations enacted after platting or after development of the property or after construction of
improvements upon the property.
(5) Irregular shape of the property warranting special consideration.
(6) Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the
property.
Sec. 24-88(b)Adjoining two-family or townhouse dwellings units shall be constructed of substantially the same architectural
style,colors and materials.
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