§ 24.1. Generally.


Latest version.
  • A board of adjustment is hereby established [as provided in article IV of chapter 20 of the Code of Ordinances.] The word "board" when used in this chapter [article] shall be construed to mean the board of adjustment.

    The board shall consist of five (5) members appointed by the city commission [as provided in article IV of chapter 20 of the Code of Ordinances.] The organization and procedure of the board, its meetings, method of handling appeals and other related matters, shall be [as provided in article IV of chapter 20 of the Code of Ordinances] in conformity with Part II of Chapter 163, Florida Statutes.

    Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, appeals to the board may be taken by any person aggrieved.

    The board shall have the following duties and powers:

    1.

    To hear and decide appeals where it is alleged there is error in any order, requirement, interpretation, decision, or determination made by administrative officials in the enforcement of this ordinance.

    2.

    To authorize, upon appeal in specific cases, such variances from the terms of this 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 hardships; and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising the above mentioned powers, the Board by the concurring vote of four (4) members may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made.

    In considering all proposed variations to this ordinance, the 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 any 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 of the City of South Bay, Florida.