House Bill 1647 Chapter 19688- No. 693 vI,ru`
4,"
N
CHAPTER 19688 -- (No. 693),
HOUSE BILL NO. 1647
AN ACT Authorizing the Town of Atlantic Beach, Duval County, Florida,
to Provide for, and Prescribe, Zoning Regulations; and Repealing
Clnapt r 1631a, Laws of Florida, 3Yesial Acts of 1933, Entitled
An Act to Provide and Authorize the Town of Atlantic Beach, Duval
County, Florida, to Provide and Prescribe Zoning Regulations."
Be It Enacted by the Legislature of the State of Florida:
Section 1. GRANT OF POWER. -- For the purpose of promoting health,
safety morals or the general welfare of the Town of Atlantic Beach,
Duval County, Florida, the Town Council of the said Town is hereby
empowered to regulate and restrict the height, number of stories, and
size of buildings and other structures, the peroen:age of the lot that
may be occupied the aims of yards, courts, and other open spaces, the
density of population, and the location and use of buildings, structures,
and land for trade, industry, residence, or other purposes.
Section 2. DISTRICTS. -- For any or all of said purposes the said
Town Council may divide the said Town into districts of such number,
shape and area as may be deemed beet suited to carry out the purposes
of this /at; and within such districts It may regulate and restrict
the erection, construction, reconstruction, alteration, repaid, or use,
of buildings, structures, or land, All such regulations shall be
uniform for each class or kind of buildings throughout each district,
but the regulations in one district may differ from those in other
districts.
Section 3, PURPOSES IN VIEW. -- Such regulations shall be in ac-
cordance with a comprehensive plan and designed to lessen congestion
in the streets; to secure safety from fire, panic, and other dangers;
to promote health and the general welfare; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue oonoen-
tration of population; to faoilitate the adequate provisions of trans-
portation, water, sewerage, schools, parks, and other public require-
ments. Such regulations shall be ,,,mgde, eith reasonable consideration,
among other things, to the aharseter of the district and its peouuar
suitability for particular uses, and with a view to conserving the
value of buildings, and encouraging the most appropriate use of land
throughout the said Fern.
Seotion 4. METHOD OF PROCEDURE. -- The Town Council of the said
Town shall provide for the manner in Which such regulations and re-
striotions 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, restriotion, or boundary
shall become effective until after a public hearing In relaiion 4hvvee-
to, at which parties in interest and citizens shall have an opportu-
nity to be heard. At least 15 days' notice of the time and, place of
such hearing shall be published in 'a newspaper of general circulation
in said County.
y..
Section 5, CHANGES. -- Such regulations, restrictions, and boun-daries may from time to time be amended, supplemented, changed, mofi-fied, or repealed. In (lase, however, of a protest against such change,
signed by the owners of 20 percent or more either of the area of thelotsincludedinsuchproposedchange, or of those immediately adja-cent in the rear thereof extending 180 feet therefrom, or of those
directly opposite thereto extending 180 feet from the street frontage
of such opposite lots, such amendment shall not become effective sz-aept 'by thee favorable vote of three fourths of all the members ofthesaidTownCouncil. The provisions of the previous Section rela-
tive to public hearings and official notioe shall apply equally to allchan8esoramendments.
Section 6. ZONING C ISSION. -- In carder to avail itself of the
powers conferred by this Act, the said Town Council shall appoint a
commission, to be known as the zoning commission, to reoommend the
boundaries of the various original di*triots and appropriate regula-
tions to be enforced therein. Such commission shall make a prelimi-
nary report and hold pnblio hearings thereon before submitting itsfinalreportandthesaidTownCouncilshallnotholditspublic
hearings or take action until it has received the final report of
such commission.
Section 7, BOARD OF ADJETSTIiT. -- The said Town Council may
provide for the appointment of a Board of Adjustment, and in the
ri8ulatione and reetriet$ena s4opted pursuant to the authority ofthisActmayprovidethatthesaidBoardofAdjustmentmay, in
appropriate oases and subject to appropriate conditions and safe-
guards, make special exceptions to the terms of the ordinance in
harmony with its general purpose and intent and in accordance with
general or specific rules therein contained.
The Board of Adjustment shall consist of five members, each to
be appointed for a term of three years and removable for cause bytheappointingauthorityuponwrittenchargesandafterpublichear-
ing. Vacancies shall be filled for the uiiexpireu term of any memberwhosetermbecomesvacant.
The Board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this Act. Meetings of the
Board shall be held at the call of the chairman and at such othertimesastheBoardmaydetermine. Such chairman, or in his absencetheactingchairman, may administer oaths and compel the attendance
of witnesses, Ali meetings of the Board shall be open to the public.The Board shall keep minutes of its proceedings, showing the vote of
iMfl o
1 ; rsaiifinfB$ ;1 afiasiAiti fig.p40081agolfortiaalmfagitatep
and other official actions, all of whioh shall be immediately filedintheofficeoftheBoardandshallbeapublicrecord.
Appeals to the Board of Adjustment may be taken by any personaggrievedorbyanyofficer, or by any officer, department, board or
2
p 3
bureau of the said Town affected by any decision of the administra-tive officers. Such appeal shall be taken within a reasonable time,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 ofappealspecifyingthegroundsthereof. The officer from whom the
appeal is taken shall forthwith transmit to the Board all papers oon-
stituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action gip-pealed from unless the officer from whom the appeal is taken certifiestotheBoar! of Adjustment after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate a staywould, in his opinion, eause imminent peril to life or property. In
case such prooeedings shall not be stayed otherwise than by a restrain-
ing order which may he granted by the Boa;kd of Adjustment or by a Court
of Record on application on notice to the officer from whom the appeal
is taken and on due cause shown.
The Board of Adjustment shall fix a reasonable time for hearing
of the appeal, give public notice thereof, as well ay sue notice to
the parties in interest, and decide the same within a reasonable time.
Upon the hearing any party may appeal in person or by agent or by
attorney.
The Board of Adjustment shall have the following powers :
14, To hear aad decide appeals whore it is alleged there is error
in any order, requirement, decision, or determination made by an ad-
ministrative official in the enforcement of this . .ot or of any ordi-
nance adopted pursuant thereto.
a. To hear and decide special exceptions to the terms of the
ordinance upon which suoh board is required to pass under such ordi-
nance.
3. To authorize upon appeal in specific oases such variance
from the terms of the ordinance as will not be contrary to the publicinterest, where, owing to special conditions a literal enforcement
of the provisions of the ordinance will result in unnecessary hard-
ship, nd so that the spirit of the ordinance shall be observed and
substantial Justice done.
In exercising the above mentioned owers such board may, in
conformity with the provisions of this Act, reverse or affirm whollyor, part1Y, or as modify the order, requirement, decision, or deter-
mination 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 nett-
salary to reverse any order, requirement, decision, or determination
of the applicant on any matter upon which it is required to pass
under any such ordinance, or to effect any variation in such ordi-
nance.
3
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 said Town, may present to a Court
of Record a petition, duly verified, setting forth that such a decision
is illegal, in whole or in part, specifying the grounds of the illegality.
riling
shall be presented to ths court within 30 days after the
f ng of he decision n the office of the Board.
Upon presentation of euoh petition the oourt 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 10 days and may be extended by
the court. The allowance of the writ shall not stay proceedings upon
the division appeale4. from, but the court may, on application, on
notice to the Board and on due cause shown, grant a restraining order.
The Board of Adjustment shall not be required to return the orig.
inal papers acted upon by it, but it shall be euffioient to return
certified or sworn copies thereof or of such portions thereof as may
be called for by such writ. The return shall concisely net forth such
other facts as may be pertinent and material to show the grounds of
the deoieion appealed from and shall be verified.
If, upon the hearing, it shall appear to the court that testimony
is neesses for the proper disposition of the matter, it may
evidence or appoint a referee to take such evidence as it may direct
and report the sane to the court with his findings of fact and con.
elusions of law, Which shall oonstitu*_e 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 deol,sion brought
up for review.
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 deoieion appealed from.
All issues in any proceeding under this section shall have pref-
erence over all other civil actions and prooeedings.
3eet on B. WORCZNENT AND RB I . -- P.he said Town Cou oil
may provide by ordinance for the enforcement of this Act and of any
ordinance or regulation made thereunder. A violation of this Act or
et sash ew4inanee or **gelation is hereby declared to be a misde-
meanor, and the said Town Council may provide for the punishment
thereof by fine or imprisonment or both. It is also empowered to
provide civil penalties for each violation.
In ease, any building or structure is erected, constructed, re-
constructed altered, repaired, converted, or maintained, or any
building, structure, or land is used in violation of this Act or of
any ordinance or other regulation made under authority conferred
4
r
hereby, the proper local authorities of the said Town, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alter-
ation, repair, conversion, maintenance, or use, to restrain correct,
or abate, such violation, to prevent the occupancy of said building,
structure, or land, or to prevent any illegal act, conduct, business,
or use in or about such premises.
Section 9. CONFLICT WITH OTUXR LAWS. -- Wherever the regula-
tions made under authority of this Aot require a greater width or height
of building or less number of stories, or require a greater percentage
of lot to be left unoccupied, or impose other higher standards than
are required in any other statute or local ordinance or regulation,
the provisions of the regulations made under authority of this Lot
shall govern. Wherever the provisions of any other statute or local
ordinance or regulation require a greater width or size of yards, courts,
or other open spaces, or require a lower height of building or a less
number of stories, or require a greater percentage of lot to be left
uhoocupied, or impose other higher standards than are required by the
regulations made under authority of this Act, the provisions of such
statute or local ordinaenoe or regulatioh shall govern.
Section 10. Chapter 16313 of the Laws of Florida, Special Acts
of 1933, is hereby repealed; but no zoning ordinance heretofore
passed by the said Town Council of the said Town under the authority
of said Chapter 16313 shall by the repealing provision of this Section
be finial idat t *ad said cu4ina ae hall soatinwe in i reo Owd
effect until the said Town Council enacts those certain zoning regu-
lations and restrictions, and establishes those certain boundaries.
contemplated in and by the foregoing Sections of this ."mot provided,
however, that such regulations and restrictions be enaoted, and such
boundaries be established, within ninety days subsequent to the tak-
ing effect of this Act.
Section 11. If any provisions of this Act, or the application
thereof to any person or circumstance, is held invalid the remain-
der of the Act and the application of such provisions to other
persons or circumstances shall not be ,affected thereby.
Section 12. This Aot shall not become operative or effective
until ratified or approved at a referendum election to be called
and held in the said Town ofAtlantis Beach, Duval County, Flar iaa,
as provided by general law,
Bevis* a law without the Governor's approval.
Filed in Office Secretary of State, June 12, 1939.
5