Loading...
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