(A) Board of Adjustment created. Pursuant to the authority of F.S. Ch. 166 entitled the Municipal Home Rule Powers Act, the town hereby designates and establishes the Board of Adjustment of the town, which shall have the functions, powers and duties as hereinafter provided.
(B) Composition. The Board of Adjustment shall consist of the six members who serve as the Mayor and Council members of the Town Council. The Board shall function under the same voting procedures and requirements applicable to the Town Council. The members of the Town Council shall serve as members of the Board during the duration of each of their terms of office as Mayor and Council members, and thereafter their membership on the Board shall pass to their respective successors in office on the Town Council.
(C) Functions, powers and duties. The functions, powers and duties of the Board of Adjustment shall be to hear and determine appeal of administrative decisions and decide applications for variances as hereinafter set forth.
(D) Appeal of administrative decisions. The Board of Adjustment shall have the power and authority to hear and decide appeals brought by any person aggrieved by any administrative decision interrupting the Land Development Code. Such administrative appeals shall be processed on a summary basis and shall be made by the aggrieved party’s direct application to the Board in such cases where it is alleged there is an error in any order, requirement, decision or determination made by the town’s Building Official or Zoning Official in the enforcement of the Land Development Code.
(E) Authority of Board on administrative appeals. All decisions of the Board shall be by a motion. The decision of the Board of Adjustment shall be rendered within 30 days after review and shall be final and binding action on all parties as to administrative decisions.
(F) Deciding applications for variances. The Board of Adjustment shall have the power and authority to hear and decide applications for a variance, brought by any person submitting an application showing grounds for such relief. The Board is authorized, upon application in specific cases, to issue a variance from the terms of the Land Development Code as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary hardship; however, the Board of Adjustment shall not be empowered or authorised to grant a variance to permit a use in a zone or district in which such use is not permitted by this code.
(G) Authority of Board of Adjustment on variances. In exercising the above mentioned powers, said Board may, in conformity with the provisions of this subchapter, reverse or affirm, or modify the order, requirement, decision or determination as ought to be made. The decision of the Board of Adjustment shall be rendered within 30 days after review and such decision by the Board shall be final and binding town action on all parties thereto.
(H) Meetings and procedures are public. All meetings of the Board of Adjustment shall be advertised public hearings open to the public.
(I) Testimony of witnesses. The Board Chairperson, or Vice Chairperson, or acting Chairperson, may administer oaths and compel the attendance of witnesses and their testimony concerning the matters of the proceedings in the same manner prescribed in the Circuit Court.
(J) Minutes of proceedings. Minutes will be kept of all public meetings and proceedings of the Board and shall include and state the vote of each member on each question. The motions made shall state the reason upon which it is made, and such reason or reasons shall be based upon the prescribed guides and standards of good planning and zoning principles. If a member is absent or abstains from voting, the minutes shall so indicate.
(K) Public records. The Board shall keep accurate records of its public hearings, together with its minutes and resolutions, and the same shall be open for public inspection at reasonable times and hours.
(Ord. 1-90, passed 1-31-1991)