Ordinance No. 95-93-59 v PN 8-q-q3
&ko-r PA s5
ORDINANCE NO. 95-93-59
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 1, GENERAL PROVISIONS, BY ADDING NEW
SECTION 1-12, TO PROVIDE A PROCEDURE FOR OBTAINING A CODE
VARIANCE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Atlantic Beach Code, consisting of twenty-four
(24) chapters, provides, in Chapter 24 thereof, a procedure for
obtaining a zoning variance, and
WHEREAS, the City Commission desires to provide a procedure
for obtaining a variance from the other provisions of the Atlantic
Beach Code as contained in Chapters 1 through 23 .
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the
City of Atlantic Beach, Florida:
SECTION 1. The Code of Ordinances of the City of Atlantic
Beach, Florida, is hereby amended by adding a new section to be
numbered Section 1-12 , which section shall read as follows:
"Sec. 1-12 Code variances.
(a) To request a variance from the regulations contained
in Chapters 1 through 23 of the Atlantic Beach Code, because
there are practical difficulties or unnecessary hardships in
following or carrying out the strict letter of any such regu-
lation, applications can be obtained from the administrative
official under the following conditions:
(1) If the applicant is other than all owners
of a particular property or business, written consent
signed by all owners shall be attached.
(2) An application for any variance shall be
submitted, containing a complete legal description of the
premises or description of the business or activity for
which the variance is requested. The application shall
be accompanied by payment of the official filing fee as
set by the City Commission and a survey or plot diagram
indicating setbacks and proposed construction.
(3) The administrative official shall refer
the request to the Community Development Board. In
considering all proposed variations of this chapter, the
Community Development Board shall, before making any
finding in a specific case, first determine that the
proposed variation will not constitute any change in the
districts shown on the zoning map and will not impair an
adequate supply of light and air to adjacent property, or
materially increase the congestion in public streets, or
increase the public danger of fire and safety, or
materially diminish or impair established property values
within the surrounding area, or in any other respect
impair the public health, safety, morals and general
welfare.
(4) The Community Development Board will fix
a reasonable time for matters referred to it and shall
hold a public hearing on each such matters referred to it
with due public notice.
(5) At the hearing, any party may appear in
person or be represented by an agent or attorney. Where
there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the Code,
appeals to the Community Development Board may be taken
by any person aggrieved or by any department of the City
affected by any decision of the administrative official.
(6) If an application is disapproved by the
Community Development Board, thereafter the board shall
take no further action on another application for
substantially the same proposal on the same premises or
business or activity until after twelve (12) months from
the date of such last disapproval.
(b) The Community Development Board may authorize,
upon findings of fact, variances from the regulations
contained in Chapters 1 through 23 , as will not be
contrary to the public interest, where, owing to special
conditions, a literal enforcement of such regulations
will result in unnecessary hardship. In order to
authorize any variance from the regulations contained in
Chapters 1 through 23 , the Community Development Board
must find that:
(1) Special conditions and circumstances exist
which are peculiar to the land, structure, building,
business or activity involved and which are not appli-
cable to other lands, structures, buildings, businesses
or activities in the same zoning district;
(2) The special conditions and circumstances
do not result from the actions of the applicant;
(3) Granting the variance requested will not
confer on the applicant any special privilege that is
denied by the Code to other lands, buildings, structures,
businesses or activities in the same zoning district;
(4) Literal interpretation of the provisions
of the Code would deprive the applicant of rights
commonly enjoyed by other persons in the same zoning
district under the terms of the Code and would work
unnecessary and undue hardship on the applicant;
(5) The variance granted is the minimum
variance that will make possible the reasonable use of
the land, building, structure, business or activity; and
(6) The granting of the variance will be in
harmony with the general intent and purpose of the Code
and the variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
(c) In granting any variance, the Community
Development Board may prescribe appropriate conditions
and safeguards in conformity with the Code. 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 the Code.
(d) Any person aggrieved by a decision of the
Community Development Board may appeal such decision to
the City Commission. The appeal shall be presented to
the administrative official, or his designee, within
thirty (30) days following the decision of the Community
Development Board, and the City Commission shall consider
such appeal at the next regularly scheduled meeting. "
Section 2 . This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this 26th
day of July , 1993 .
PASSED by the City Commission on second and final reading this
day of , 1993 .
ATTEST:
MAUREEN KING WILLIAM I. GULLIFORD, JR.
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
• C. IASEN, ESQUIRE
City At o ey