Board Members:
The Planning Board acting as the local planning agency, in accordance with the Local Government Comprehensive Planning and Land Development Regulations Act, F.S. 163.3161 et seq., shall be responsible for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:
The Planning Board should have the following additional duties and responsibilities whenever it acts as an advisory body to the Town Council on variances:
a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same land development district.
b. The special conditions and circumstances do not result from the actions of the applicant.
c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same land development district.
d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same land development district under the terms of this chapter and would work unnecessary and undue hardship on the applicant.
e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.
f. The grant of the variance will be in harmony with the general intent and purpose of this chapter.
g. Such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.
In granting any variance, the Town Council may prescribe appropriate conditions and safeguards, which also may be suggested by the Planning Board prior to final determination by the Town Council. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. Under no circumstances shall the Town Council grant a variance to permit a use not allowed in the applicable zoning district as a permitted or special exception use. No nonconforming or grandfathered use of neighboring lands, structures or buildings in the land development district shall be considered grounds for the authorization of a variance. Financial hardship shall not be considered as sufficient evidence of a hardship for the grant of a variance. A variance granted under the provisions as set forth herein shall automatically lapse if building construction, in accordance with the plans for which such variance was granted, has not been initiated within six (6) months from the date of granting of such variance by the board, or, if judicial proceedings to review the board's decision are instituted, from the date of entry of the final order in such proceedings, including all appeals. However, one six-month extension may be granted administratively if the written request for same is received prior to the expiration date.
(2) Appeals from decisions of Administrative Official.
a. An appeal taken from the requirement decision or determination made by an Administrative Official charged with the enforcement or interpretation of any land development regulation adopted pursuant to this Code shall be filed with the Town Clerk for presentation to the Planning Board. The appeal shall be filed by a person aggrieved by the decision of the Administrative Official and specify the grounds thereof and shall be filed in writing within ten (10) days of the decision being appealed.
b. The Administrative Official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the Town Clerk all documents, plans and papers constituting the record of the action from which the appeal was taken. Such documents shall be forwarded to the Planning Board for the public hearing to be held on the matter.
(Code 1996, § 2-154; Ord. No. 255, § 1, 6-22-2010; Ord. No. 280, § 1, 6-23-2015)
Sec. 2-155. - Application for Variances and Appeals.
(a) All requests for variances and/or appeals of administrative decisions shall be initiated by filing with the Town an application on forms prescribed by the Town. Such application shall be executed and sworn to by the owners of the property described in the application, or by the tenants, with the owner's written, sworn-to consent, or by duly authorized agents, evidenced by a written Power of Attorney or other type of written authorization if not a member of the Florida Bar; or by contract purchasers with the owner's consent. Appeals of administrative decisions shall be filed in writing within ten (10) days of the decision made by the Planning Board.
(b) All properties described in one application for an appeal or variance pursuant to this section must be contiguous and immediately adjacent to one another.
(c) Only applications over which the Town Council and/or the Planning Board has jurisdiction shall be accepted for filing, and no application for an appeal or variance pursuant to this division shall be considered or construed to be filed until the required fee has been paid.
(Code 1996, § 2-155; Ord. No. 255, § 1, 6-22-2010; Ord. No. 280, § 1, 6-23-2015)
Sec. 2-156. - Public Hearing Required; Notice.
(a) No action shall be taken on any application for a variance or appeal from a decision of the administrative official until a public hearing has been held with due public notice described as follows:
(1) There shall be publication of notice of the time, place, and purpose of the hearing in a newspaper of general circulation in the area, at least ten (10) days prior to any hearing.
(2) A courtesy notice for any variance application containing substantially the same information as the published notice may be mailed by the Town Clerk, to the condominium/co-op associations or single-family homeowners of record, if applicable, within a radius of 300 feet of the property described prior to the hearing before the town council. However, failure to mail or receive this courtesy notice shall not affect any action or proceeding taken pursuant to such notice.
(b) Within 45 days after the town certifies an application for inclusion on the Town Council's or the Planning Board's official agenda, a public hearing shall be held by the Town Council or the Planning Board, whichever is applicable.
(c) Any hearing may be continued from time to time or postponed; however, the Public Hearing shall be concluded within 90 days after the date of the first public hearing on the matter still at issue by either the planning board or the Town Council.
(Code 1996, § 2-156; Ord. No. 255, § 1, 6-22-2010; Ord. No. 280, § 1, 6-23-2015)
Sec. 2-157. - Withdrawal, Denial, Continuance or Postponement of Application.
(a) Upon the denial of an application under this division, in whole or in part, a period of one year must run prior to the filing of a subsequent application affecting the same property or any portion thereof.
(b) Upon the withdrawal of an application for a variance under this division, in whole or in part, a period of six months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless, however, the decision of the planning board is without prejudice. Applications for administrative appeals may be withdrawn, but, if so, may not be refiled. The period of limitation for variances shall be increased to a two-year waiting period if such an application, in whole or in part, has been twice or more denied or withdrawn.
(c) An application under this division may be withdrawn without prejudice by the applicant as a matter of right, provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the town, and filed with the town within the two-week period subsequent to the deadline for filing an application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after final action has been taken. When an application is withdrawn without prejudice, the time limitations for reapplication provided in this section shall not apply.
(d) An application under this division may be continued or postponed at the request of the applicant or the planning board by majority vote, but the public hearing shall be concluded within 90 days after the date of the first public hearing.
(Code 1996, § 2-157; Ord. No. 255, § 1, 6-22-2010)
Sec. 2-158. - Meetings and Procedures.
(a) All meetings of the town council and the Planning Board shall be open to the public, as provided by law.
(b) The administrative official or his designee shall attend all meetings and be permitted to propose questions and give evidence and make recommendations.
(c) The Town Clerk or the designated Deputy Clerk may administer oaths, and the chairperson or acting chairperson may compel the attendance of witnesses in the same manner as prescribed in the circuit court.
(d) No action shall be taken on any application under this division unless a quorum of three members of the town council or the planning board is present, and action shall be taken only upon a majority vote of all members present and voting. No member shall be permitted to abstain from voting unless he has a conflict of interest pursuant to the provisions of F.S. ch. 112.
(e) Minutes will be kept of all public meetings and proceedings of the Town Council and the Planning Board and shall include and state the vote of each member on each question, and the motion shall state the reason upon which it is made, such reason being based upon the prescribed guides and standards of good land development and planning principles. If a member is absent or abstains from voting due to a conflict of interest as noted above, the minutes shall so indicate.
(f) The Town Council and the planning board shall keep accurate records of its public hearings, which shall be filed, together with its minutes, with the town, and the records shall be open for public inspection at reasonable times and hours.
(g) The Administrative Official shall furnish from the town such staff as may be necessary to assist and advise the town council or the planning board in the fulfillment of its duties, and is authorized to retain a qualified reporter or Clerk to record and transcribe the public proceedings of the hearings, if necessary.
(h) All decisions at the hearings shall be by motion. The decision of the planning board shall be final as to administrative action on an appeal from decisions made by an administrative official of the Town. Appeals of final determinations by the Town Council on variance applications shall be as provided under law for quasi-judicial actions.
(Code 1996, § 2-158; Ord. No. 255, § 1, 6-22-2010; Ord. No. 280, § 1, 6-23-2015)
Sec. 2-159. - Staying of Work on Premises.
When an appeal from the decision of an administrative official has been taken and filed with the planning board, all proceedings and work on the premises concerning which the decision was made shall be stayed.
(Code 1996, § 2-159; Ord. No. 255, § 1, 6-22-2010)
Sec. 2-160. - Review of Decisions; Precedence; Costs of Actions.
(a) No person aggrieved by any decision of the town council or the planning board may apply to the court for relief unless he has first exhausted the remedies provided for in this division and taken all available steps provided by this division. The decision of the council or the board may be reviewed by the appropriate court in accordance with the law.
(b) No change of venue from the area in which the premises affected is located shall be had in any cause arising under the provisions of this division.
(c) In any court action appealing the decision of the town council or the planning board, the town attorney shall provide for legal defense in such action. If the Town Council shall challenge a decision of the board, the planning board shall be entitled to independent special counsel, paid for by the Town Council, to defend the action, which action may be brought by the Town Attorney on behalf of the Town Council.
(Code 1996, § 2-160; Ord. No. 255, § 1, 6-22-2010; Ord. No. 280, § 1, 6-23-2015)
Sec. 2-161. - Exhaustion of Remedies.
No person aggrieved by any land development decision, order, requirement, resolution, or determination of an Administrative Official, or by any decision of the Town Council, may apply to the court for relief unless the person has first exhausted the remedies provided for in this division and taken all available steps provided by this division.
Appealing a Decision:
If any person desires to appeal any decision with respect to any matter considered at these meeting, such person may need a record of the proceedings; for this purpose, such person may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based.
