Ordinance No. 90-87-117 v ORDINANCE NO. 90-87-117
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24,
SECTION 24-17, TO RE-DEFINE PLANNING AGENCY AND
VARIANCE TO ELIMINATE REFERENCE TO THE ADVISORY
PLANNING BOARD AND BOARD OF ADJUSTMENT; AMENDING
SECTION 24-47, SUBPARAGRAPH 6 AND 10 TO REPLACE THE
BOARD OF ADJUSTMENT WITH THE COMMUNITY DEVELOPMENT
BOARD; AMENDING SECTION 24-48 TO PROVIDE THE COMMU-
NITY DEVELOPMENT BOARD AS THE LOCAL PLANNING AGENCY;
AMENDING SECTION 24-49 TO REPEAL THE PROVISIONS
HAVING TO DO WITH THE BOARD OF ADJUSTMENT AND
SETTING FORTH THE POWERS AND DUTIES OF THE COMMUNITY
DEVELOPMENT BOARD AS PROVIDED FOR IN CHAPTER 14 OF
THE CODE; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida, as follows:
Section 1. Chapter 24, Sections 24-17, 24-47, 24-48 and 24-49
are hereby amended to read as follows:
CHAPTER 24
ZONING AND SUBDIVISION REGULATIONS
4111*
Section 24-17. Definitions
Planning Agency shall mean the Advisery- -1-a ri rg--Beard Community
Development Board , or any other agency designated by the City, through
Ordinance, to prepare and monitor the comprehensive plan and implement-
ing Ordinances.
Variance. Any modification of the zoning Ordinance regulations
must be authorized by the Bead--t3€-A -t t. Community Development
Board and must meet the criteria as stated in this chapter. A variance
may be authorized only for height, area, size of structure or size of
yards and open spaces. Establishment or expansion of a use otherwise
prohibited shall not be allowed by a variance, nor shall a variance be
granted because of the presence of nonconformities in the zoning dis-
trict or in adjoining district.
Section 24-47. The Administrative Official
(6) To conduct necessary field inspections required to adequately
advise the-p-1$xx4ig--egeee , the City Commission and the Beard
e€-Adiestment Community Development Board on zoning matters;
(10) To mail notices of zoning requests to be considered at the
regularly scheduled meetings of the glannAng--agei3c�y--er--rhe
•
Beard--64-Adi-urs+ffetirt Community Development Board to respective
members at least seven (7) days prior to the meeting date to
allow members ample time to review the requests;
Section 24-48. Planning Agency
The Advlsery-Plaartleg-Beafd Community Development Board, as estab-
lished by the City Commission eadef-the-G y-Ghaetef, shall serve as the
planning agency and shall have the following duties and responsibil-
ities:
(1) To review those matters referred to the planning agency and to
hold regularly scheduled meetings for the purpose of reviewing
such documents;
(2) To review site plans for all proposed subdivision development
redevelopment, including planned unit developments, in the
City;
(3) To transmit to the proper governmental bodies, agencies or
departments the written recommendation of the planning agency,
where the recommendations are called for by this chapter;
(4) To provide for internal procedures, with the assistance of the
administrative official, required to carry out the intent of
this article. Such procedures shall include deadlines for
filing applications prior to regularly scheduled meetings to
allow time for adequate review and the preparation of a
written report and recommendation of each application.
Section 24-49. Beard-a€-Adiestmeet Community Development Board.
The Beard-a€-Adiestmeet Community Development Board, as-eetabl}shed
1,y-4 --C-Ii-a e shall be appointed by the City Commission. The
organization and procedures under which this board operates, its ar-
rangement of meetings, adoption of rules and its method of handling
appeals, variances or other related matters shall be in conformity with
the provisions of the-Ghaetef Chapter 14 of this Ordinance Code.
(1) Power and Duties. The--
The Community Development Board
may:
a. Te Hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or deter-
mination made by the administrative official in the
enforcement of this chapter;
b. Te Authorize, upon appeal in specific cases, and upon
findings of fact, such minor variances from the terms of
this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal
enforcement of the provisions of this chapter will result
in unnecessary hardship. In order to authorize any
variance from the terms of this chapter, the Beafd-orf
Adiestment Community Development Board must find that:
1 . Special conditions and circumstances exist which are
peculiar to the land, structure or building involved
and which are not applicable to other lands, struc-
tures or buildings in that same district.
c. In granting any variance, the $ea d-e€-Adjestmeet Commu-
nity Development Board may prescribe appropriate con-
ditions and safeguards in conformity with this division
and any ordinance enacted under its authority. Violation
of the conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be
deemed a violation of this chapter.
d. Under no circumstances, except as permitted above, shall
the Beard-e€-Adiestmeat Community Development Board grant
a variance to permit a use not generally permitted or
permitted by exception in the zoning district involved or
any use expressly or by implication prohibited by the
terms of this chapter in the zoning district. No noncon-
firming use of neighborhood lands, structures or build-
ings in the same zoning district and no permitted use of
lands, structures or buildings in other zoning districts
shall be considered grounds for authorization of a
variance.
e. In exercising its powers, the Beafd-a€-Adiestment Commu-
nity Development Board may, upon appeal and in conformity
with provisions of this division, reverse or affirm,
wholly or partly, or may modify the order, requirement,
devision or determination being appealed, and to that end
shall have the powers to direct the issuance of the
necessary permit.
2. Appeals of Administrative Actions. Appeals to the Beard--of
Adiestment Community Development Board may be taken by any
person aggrieved or by any officer, board or department of the
city affected by any decision of the administrative official
under this article. Such appeal shall be taken within thirty
(30) days after rendition of the order, requirement, decision
or determination appealed from by filing with the officer from
whom the appeal is taken and with the Beafd--of-A j-trst-itrer7t
Community Development Board a notice of appeal specifying the
grounds thereof. The appeal shall be in the form prescribed
by the rules of the board. The administrative official shall,
upon notification of the filing of the appeal, transmit to the
Beafti---ef--Ad-j-tts-tinettt Community Development Board, all the
documents, plans, papers or other materials constituting the
record upon which the action appealed from was taken.
a. Stay of work. An appeal to the Beatd- e -Atlitts-t -t
Community Development Board stays all work on the prem-
ises and all proceedings in furtherance of the action
appealed from, unless the administrative official shall
certify to the Beard-a€-yrs-tart Community Developmeny
Board that, by reason of facts stated in the certifi-
cate, a stay would cause imminent peril to life or
property. In such case, proceedings or work shall not be
stayed except by a restraining order, which may be
granted by the Beefd-a€-Adiesme tt Community Development Board
of- -e--(MIME--&€-Yeeeffl-ax after application;-e --to-t4-ee
to the officer from whom the appeal is taken and on due
cause shown.
b. Hearings of Appeals. The Beard-orf--j-tretiareitt Community
Development Board 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, by agent or by attorney.
3. Appeals of Decisions of the Beed--o€-At4-us-tiem-t Community
Development Board. Any person or persons, jointly or several-
ly, aggrieved by any decision of the Bearel- €- j-u&t-men-t
Community Development Board or any taxpayer, or any officer,
department, board or bureau of the City Commission, may
present to e--eery --o£--r-e;_ ; the City Commission a petition,
duly verified, setting forth that such decision is illegal, in
whole or in part, specifying the grounds of the illegality.
The petition shall be presented to the eeett Commission within
thirty (30) days after the filing of the decision in the
office of the board.
4. In exercising the powers granted by this ellaptei section, the
Beefd--ef--Adirtstmeat Community Development Board, by the
concurring vote of the majority of members, may reverse or
affirm, wholly or partly, or modify the order, requirement,
decision or determination appealed from, and may make such
order, requirement, decision or determination as should be
made, and to that end shall have all the power of the official
from whom the appeal is taken. Rulings and decisions of the
Bead- (94.-Adj-trgt ertt Community Development Board shall become
effective ten (10) days after the date of such ruling or
decision.
Section 2. This Ordinance shall take effect upon its adoption.
* * * * * * * * * * * * * * *
Approved by the City Commission on first reading February 23, 1987
Approved by the City Commission on second & f'nal reading March 9, 1987
Wi' 'am . Howell, Mayor, P -siding Officer
Approved as to form and correctness:
audt L. Mullis, Ci y A to ey
ATTEST
Adelaide R. ucker, City Clerk