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HomeMy WebLinkAboutORD #202-QORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 202 , AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY'PROVIDING FOR AN' ALTERNATE MEMBER TO BOARD OF ADJUSTMENT; REQUIRING ONE (1) YEAR RESIDENCY; PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF SEBASTIAN HEREBY ORDAINS: SECTION 1. That Section XV of Ordinance 202, of the City of Sebastian, Florida, the Zoning Ordinance is hereby amended to read as follows: Section XV. Board of Adjustment. (1) C'reation. A Board of Adjustment is hereby established.. the word. "Board" when used in this Ordinance shall be construed to mean the Board of Adjustment. (2) Members. The Board shall consist of five (5) members and one (1) alternate member appointed by the Council for two (2) year terms from among the qualified voters who have been a resident for a minimum of one (1) year within the corporate limits of the City. The alternate should attend all meetings and may vote in the absence of a regular member. Said members shall be removable only for cause by the Council upon written charges and. after public hearing. Vacancies shall be filled for the unexpired term of any members whose term becomes vacant. (3) Proceedings. (a) Meetings of the board shall be held at the call of the Chairman and at such time as the board may determine. A quorum shall consist of four (4) members. (b) Ail meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the City Clerk and shall be a public record. (c) The Chairman, or in his absence, the Vice- chairman, may administer oaths and compel the attendance of witnesses. The board shall adopt such other and additional rules as it deems necessary to conduct its business, subject to approval by the City Council, Said rules shall be filed with the office of the City Clerk. (4) Appeals. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, or bureau of the City of Sebastian affected by any decision of the administrative officer. 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 of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (5) Stay of Proceedin~s. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order 'which may be granted by the board 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. (6) Hearing of Appeal; Notice Required. The board of adjustment 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 or by agent or by attorney. -2- (7) Powers of Board o~f Adjustment, The Board of Adjustment shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforce- ment of this ordinance or of any other ordinance adopted pursuant thereto~ (b) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinancet (c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so justice done~ (d) The Board shall not grant exceptions to the provisions of the Section for the personal convenience of any individual, or in the case of new construction for the purpose of granting any substantial variance to these restrictions of the various zoning restrictions as herein contained~ (e) In considering all proposed variances or special exceptions to this ordinance, the Board shall first find and determine that the proposed variance or special exception will not constitute any change in the districts or the adopted Comprehensive Land Use Plan or Zoning Map, and will not impair any adequate sepa~ration between buildings or adequate supply of light and air to adjacent property, or materially increase congestion in public streets, or materially increase the danger of fire or public safety, or materially diminish or impair established property values within the surrounding area, or in any respect impair the public health, safety, morals, and general welfare of the City of Sebastian~ Florida, SECTION II~ This Ordinance shall take effect immediately upon becoming law~ -3- SECTION III. ]]~£ any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. Pat ~lood, Jr., May~ ATTEST: I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the FlorJ. da Statutes, on ~ ~ o ~~ , 1980, in the Vero Beach Press Journal, a newspaper of general circulation in the City of Sebastian, Florida; that said Ordinance passed on first reading on ~~ ......... , 1980, and that said Ordinance passed a second and final reading and was adopted by the City Council of the City of Sebastian, Florida, on [[ , 1980. / (s E ^ - 4 -