Fort Walton Beach Ordinance — 1347--BOA Administration/Enforcement — reading text

READING! DATE lst F-/0 2G aa [S0rV78| ORDINANCE 1347 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, RELATING TO THE LAND DEVELOPMENT CODE; PROVIDING FOR THE AMENDMENT OF ARTICLE III. ZONING, DIVISION 2. ADMINISTRATION AND ENFORCEMENT, SUBDIVISION II. BOARD OF ADJUSTMENT, VARIANCES, APPEALS, ETC., BY DELETING SECTION 20-344, ENTITLED "REVIEW BY COUNCIL" BY ADDING PROVISIONS REGARDING STAY OF WORK AND PROCEEDINGS ON APPEAL; AND ; BY AMENDING SECTION 20-345, ENTITLED "JUDICIAL REVIEW" BY PROVIDING PROVISIONS FOR THE APPEAL OF A BOARD'S DECISION TO A COURT OF COMPETENT JURISDICTION BY WRIT OF CERTIORARI; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION I. AUTHORITY. The authority for enactment of this Ordinance is Section 2, of the City Charter and Section 166.021 (1), Florida Statutes. SECTION II. Amendment to Article III. Zoning, Division 2. administration and enforcement, Subdivision II. Board of Adjustment, variances, Appeals, etc., Section 20-344. Review by council. Article III. Zoning, Division 2. administration and enforcement, Subdivision IT. Board of Adjustment, variances, Appeals, etc., Section 20-344. Review by council is hereby amended to read: Sec. 20-344. Review—by—ceuneit. Stay of Work and Proceedings on Appeal An appeal to the Board of Adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from unless the official from whom the appeal was taken shall certify to the Board of Adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or by a court of competent jurisdiction upon application, upon notice to the officer from which the appeal is taken and for due cause shown. Leved_] lecisien_ef the beard Page 1 of 3 SECTION III. Amendment to Article III. Zoning, Division 2. administration and enforcement, Subdivision II. Board of Adjustment, variances, Appeals, etc., Section 20-345. Judicial Review. Article III. Zoning, Division 2. administration and enforcement, Subdivision II. Board of Adjustment, variances, Appeals, etc., Section 20-345. Judicial Review is hereby amended to read: Sec. 20-345. Judieiali—review. Appeal of Board's Decision. The decision of the Board of Adjustment shall be final and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. SECTION IV. SEVERABILITY. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid, unconstitutional or unenforceable by the valid judgment or decree of the court of competent Jurisdiction, such invalidity, unconstitutionality or Page 2 of 3 unenforceability shall not affect any of the remaining phrases, clauses, paragraphs, and sections of this ordinance. SECTION V. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council and signature by the Mayor. ADOPTED: Mg a2 A OK LY Zi mofetil GQ Qaved The form and legal sufficiency of the foregoing has been reviewed and approved by the Ci Attorney. Vi ATTORNEY ” Words strieken are deletions, words added are underlined perenne {DISPOSITION , City Mor Page 3 of 3 CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ord. 7:00 p.m. on Tuesday, March 24, 1998, in the Council Chambel. Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at wi. the City Council will consider its adoption into law. The ord its entirety may be inspected at the Office of the City Cle regular working hours. All interested parties may appea meeting and be heard with respect to this proposed ordinance. ORDINANCE NO. 1347 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH RELATING TO THE LAND DEVELOPMENT CODE; PROVIDING FOR THE AMENDMENT OF ARTICLE Iii, ZONING, DIVISION 2. ADMINISTRATION AND ENFORCEMENT, SUBDIVISION ITI. BOARD OF ADJUSTMENT, VARIANCES, APPEALS, ETC., BY DELETING SECTION 20-344, ENTITLED "REVIEW BY COUNCIL" BY ADDING PROVISIONS REGARDING STAY OF WORK AND PROCEEDINGS ON APPEAL; AND; BY AMENDING SECTION 20-345, ENTITLED "JUDICIAL REVIEW" BY PROVIDING PROVISIONS FOR’ THE APPEAL OF A BOARD'S DECISION TO A COURT OF COMPETENT JURISDICTION BY WRIT OF CERTIORARI; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Any person who decides to appeal any decision made with respect matter considered at such hearing will need a record of the pro and for such purpose may need to ensure that a verbatim record proceedings is made, which record includes the testimony and ev which the appeal is to be based. The City of Fort Walton Beach adheres to the Americans with Dis Act and will make reasonable modifications for access to this m request. Please call the City Clerk, Helen Spencer at 850-833- a request. For Hearing Impaired 1-800-955-8771 (TDD) or 1-800- (VOICE). Requests must be received at least 48 hours in advance meeting in order to allow the City time to provide requested se Helen Spencer City Clerk 833-9509 Log. 346 Ci OF FOAT WALTON BEACH, FLORIDA . NOTICE OF PUBLIC HEARING A” PUBLIC HEARING will be held on the following pro- — posed ordinance at 7:00 p.m. on Tuesday, March 24, 1998, in: the Council Chamber at Fort Walton Beach City Hall, 107. Miracle Strip Parkway, SW, at which time the City . Council will consider its adop- tion into law. The ordinance in- its entirety’ may in- mt the Office of the City Clerk during regular - working hours. All interested ties may appeor ot the meeting and be ‘heard with respect to this proposed ordi- nence. , ORDINANCE NO. 1347 AN ORDINANCE OF THE City OF FORT WALTON BEACH. RELATING TO THE LAND DEVELOPMENT CODE; PROVIDING FOR THE AMENDMENT OF ARTICLE Ill, ZONING, DIVISION 2. AD- MINISTRATION AND EN- FORCEMENT, SUBDIVISION fl. BOARD OF ADJUSTMENT, “MARIANCES, APPEALS, ETC., BY DELETING SECTION 20- 344, ENTITLED “REVIEW BY COUNCIL” BY ADDING PRO- VISIONS REGARDING STAY OF WORK AND PROCEED- INGS ON APPEAL; AND; BY AMENDING SECTION 20- 345, ENTITLED “JUDICIAL RE- VIEW” BY PROVIDING PRO- VISIONS FOR THE APPEAL OF A BOARD'S DECISION TO A COURT OF COMPETENT JU- RISDICTION BY WRIT OF CER- TIORARI; - PROVIDING FOR SEVERABILITY AND AN EF- FECTIVE DATE. . Any person who decides to appeal any decision with re- spect to. any matter consid- ered such meeting will need a record of the proceedings, and. for such purpose, may need to ensure that a verba- tim record of the proceedings is made, which record in- cludes the testimony and evi- dence upon which the appeal is to be based. The City of Fort Walton Beach adheres to the Americans with: Disabilities Act and will make reasonable modifications for access. to this meeting upon request. Please call the City Clerk, Helen Spencer at 850- 833-9509 to make a request. For Hearing Impaired 1-800- . 955-8771 (TDD) or 1-800- 955-8770 (VOICE). Requests must be received at least 48 hours in advance of the meet- ing in order to allow the City time to provide requested ser- : view. ‘ Helen Spencer City Clerk : 833-9509 Leg. 344 Mar. 13, 1998