Board of Adjustment & Appeals By-Laws
City of Tallahassee Land Development Code, Ch. 2, Article III
DIVISION 3. BOARD OF ADJUSTMENT AND APPEALS
Sec. 2-156. Establishment.
There is hereby created the board of adjustment and appeals, which shall be composed of three members appointed by the county commission and three members appointed by the city commission, and a seventh member whose position shall alternately be appointed by the city and the county. All appointees to the board of adjustment and appeals shall be residents of the county.
(Code 1984, ch. 27, § 4.3(A); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-157. Terms of office.
Members of the board of adjustment and appeals shall be appointed for a term of three years (staggered) except in the case of an appointment to fill a vacancy, in which event the appointment shall be for the unexpired term only. Members of the board of adjustment and appeals shall not serve more than two consecutive terms.
(Code 1984, ch. 27, § 4.3(B); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-158. Powers and duties.
The board of adjustment and appeals shall have the following powers and duties under the zoning, housing, building, plumbing, gas, and fire prevention codes (regulatory codes) of the city and the county:
(1) Appeals of administrative decisions. To hear and decide appeals, as set forth in this Code. Whenever it is claimed that the true intent or meaning of any of the regulatory codes referred to in this section or any of the regulations contained therein or promulgated thereunder have been misconstrued or wrongly interpreted, the owner, or his duly authorized agent, may appeal from the decision of the administrative officer of the regulatory code involved to the board of adjustment and appeals. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the responsible administrative officer under the regulatory code.
(2) Variances. To hear and decide variances for single-family and duplex dwelling units. A variance is defined as a relaxation of the terms of the Code or regulation involved where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulatory code involved would result in undue hardship. Establishment or expansion of a nonconforming use shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining districts. No use variances are permitted.
(3) Additional powers. The board of adjustment and appeals shall perform such additional duties as may by ordinance be delegated to it, and which pertain to the above assigned powers.
(Code 1984, ch. 27, § 4.3(C); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-159. Meetings.
(a) The board of adjustment and appeals shall elect a chairperson from its membership and adopt bylaws for the conduct of its affairs not inconsistent with the provisions of law. The board of adjustment and appeals shall hold regular meetings at least once in each calendar month. Special meetings may be held upon the call of the chairperson or upon the written request of any two members. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment and appeals shall be open to the public. The board of adjustment and appeals 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 a record of its examinations and other official actions which shall be promptly filed in the office of the board of adjustment and appeals.
(b) No provisions set forth in this section shall be construed as to require the board of adjustment and appeals to be strictly bound by the rules of evidence in the review of any matters that may be considered.
(Code 1984, ch. 27, § 4.3(D); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-160. Quorum.
Four members of the board of adjustment and appeals shall constitute a quorum and shall be necessary to conduct the business or take any official action; and a majority vote of those members present shall be required to grant a variance or to reverse or to modify an order, requirement, decision or determination of an administrative official.
(Code 1984, ch. 27, § 4.3(E); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-161. Decisions.
(a) Every decision of the board of adjustment and appeals shall be final; subject, however, to such remedies as any aggrieved party might have at law or in equity. The decision shall be in writing and shall indicate the vote taken on the matter. Every decision shall be promptly filed in the office of the planning department, and shall be open to public inspection. A copy shall be sent by mail or otherwise to the appellant or applicant.
(b) The board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. In no case may the board of adjustment and appeals fail to render a decision on the application within five days after the final hearing thereon. Any continuance of a final hearing in which the applicant shall be allowed to submit additional information to the board of adjustment and appeals shall be by public hearing and with notice to the public as directed by the board of adjustment and appeals.
(c) If a decision of the board of adjustment and appeals reverses or modifies a decision, order, requirement of determination of an administrative official, or varies any provision of the regulatory code involved, the affected administrative official shall promptly take action in accordance with such decision.
(Code 1984, ch. 27, § 4.3(F); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-162. Time limits.
The board of adjustment and appeals may establish an expiration date for any variance granted. Where further development permits are required to utilize the variance, the variance shall expire within one year from the date the decision is rendered, unless a permit based upon and incorporating the variance is issued within such one-year period, and substantial construction has begun thereunder. Failure to meet both permitting and construction requirements within the one-year period shall cause such variance to become void.
(Code 1984, ch. 27, § 4.3(G); Ord. No. 95-O-0025AA, 9-13-1995)
Sec. 2-163. Public notice.
For any matter properly before the board of adjustment and appeals, notice of the public hearing shall be given at least five calendar days in advance of the hearing by publication in a newspaper of regular and general circulation in the city and county. In cases affecting 30 or less contiguous parcels of land, additional written notice shall be mailed to the current address of each property owner involved, as shown in the records of the property appraiser and to owners of property and registered neighborhood associations within 200 feet of the parcel which is subject of the hearing.
(Code 1984, ch. 27, § 4.3(H); Ord. No. 95-O-0025AA, 9-13-1995)