§ 50-100. Board of adjustment.  


Latest version.
  • (a)

    The board of county commissioners shall have and will exercise the power to hear and decide special exceptions to the terms of this division relating to areas within the territorial limit of its authority, after recommendation by the planning commission, and in accordance with all other provisions of this chapter governing special exceptions. The Williston Board of Adjustment shall have and will exercise the power to hear and decide special exceptions to the terms of this division relating to areas within the territorial limit of its authority. The county board of adjustment or the Williston Board of Adjustment, as applicable, shall have and will exercise the following powers on matters relating to areas within the territorial limit of their respective authority:

    (1)

    To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this division; and

    (2)

    To hear and decide specific variances.

    (b)

    The board of adjustment shall adopt rules for its governance in harmony with the provisions of this division. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment 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 records of its examinations and other official actions, all of which shall immediately be filed in the office of the appropriate county or city clerk.

    (c)

    The board of adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this division.

    (d)

    The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this division, or to effect variation of this division.

(Ord. No. 77-3, § VII, 9-29-1977; Ord. No. 05-01, § 2, 5-17-2005)

State law reference

Board of adjustment, F.S. § 333.10.

Cross reference

Administration, ch. 2.