Kenneth City is looking for "Board of Adjustment" and "Planning and Zoning" Boards
The Town of Kenneth City is looking to re-fill the primary and alternate representative members of both the Board of Adjustment and Planning & Zoing Board. Both Boards are explaned below. You can also visit municode directly for our Code of Ordinances, Charter and other governing documents. Lastly you may call the Town Clerk for more information or to request to be added to the list of potential individuals to fill these roles. This list will be provided to the Town Council for their decision to fill the primary and alternates.
The Town Clerk (Ana Cabezas) can be contact at here email or by phone at 727-498-8948 you are also welcome to talk with the Town Manager (Pete Cavalli) at his email or 727-498-8948.
Board of Adjustment
The Board of Adjustment shall consist of five members, and two alternate members all of whom shall be property owners residing in the town appointed by the town council upon the nomination by the councilmember in charge of the department of regulations. The term of office of the board members shall be for three years, with vacancies being filled for the unexpired term only. Members may be removed for cause by the town council upon written charges by a member of the town council or board of adjustment and after a public hearing.
The town council shall adopt rules of procedure for the board by resolution in accordance with the provisions of this article and amendments thereto. The board shall elect its own chairman and vice chairman annually. All meetings of the board shall be open to the public and conducted as quasi-judicial proceedings. It shall have the power to administer oaths and compel the attendance of witnesses. The board shall keep written and electronically recorded minutes of the proceedings showing the vote of each member upon each question. Each member in attendance at a meeting of the board shall be required to vote on each issue and appeal coming before the board unless he shall have a conflict as defined by state law. The board shall keep a record of all its official actions regarding any appeal before the board which shall be filed with the town clerk and town council and shall be a public record.
The board of adjustment shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged that there is an error or unnecessary hardship or practical difficulty in carrying out any order, decision, requirement or determination made by the building director in the enforcement of this chapter. Any application for variances from the terms of this chapter shall be made by the owner of record of the property involved or his/her duly authorized representative.
(2) To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the zoning district wherein subject property is located, consistent with applicable goals, objective, and policies of the town comprehensive plan.
(3) To authorize, upon appeal in specific cases, variances from the requirements of this chapter as will not be contrary to the public interest as follows:
a. To permit the reduction of the width of a side yard by not more than 20 percent of the required minimum width of such yard;
b. To permit the reduction in the area of a lot by not more than five percent of the required minimum area of such lot;
c. To permit the increase in total building coverage of a lot by not more than ten percent of the maximum permitted building coverage.
(4) No variance shall be granted unless it is determined by the board that a practical difficulty or unnecessary hardship exists in the way of carrying out the strict letter of this chapter and that the spirit of this chapter shall be observed, substantial justice done, and that such variance will not be contrary to the public interest.
(5) To review and act upon applications for special exception permits, subject to the following criteria:
a. Any outstanding charges, fees, interest, fines, or penalties owed to the town by the applicant or owner of subject property, under any section of this code, must be paid in full prior to consideration by the board of any proposed special exception use.
b. The proposed use must be specifically allowable by special exception in the applicable zoning district and future land use category.
c. The proposed use must meet all applicable concurrency requirements, per chapter 62 of this code, with regard to all public services and facilities for which level-of-service standards have been adopted in the town comprehensive plan.
d. The proposed use must conform with all applicable regulations governing the zoning district in which it is to be located, unless a variance is granted.
e. The proposed use must be compatible with adjacent development and the planned character of the surrounding area, and shall not interfere with the legitimate use of nearby properties.
f. The proposed use must be separated and screened from adjacent uses by adequate structural setbacks and landscaped buffers, as required in the land development regulations.
g. Adequate off-street parking and loading shall be provided, and ingress and egress shall be so designed as to minimize interference with traffic on abutting streets. The proposed use shall not generate excessive vehicular traffic on residential streets.
h. If a variance is desired and/or required in conjunction with the proposed special exception use, then a separate application shall be submitted concurrently with the special exception application.
(6) In approving any special exception use, the board may prescribe appropriate conditions and safeguards, consistent with the land development regulations. Violation of specific conditions of special exception approval shall be deemed a violation of the land development regulations. The board may also prescribe a reasonable time limit within which construction or other activities for which the special exception is granted must be commenced and/or completed.
Planning and Zoning Board
The council shall appoint five new members to the board, two for terms of three years and three for terms of two years. At the same time, the council shall appoint two alternates to serve for two-year terms, one alternate being designated as first alternate and the other as second alternate and so on in like fashion every two years thereafter. Appointees shall be those persons whose private interests are not likely to conflict with those of the general public.
The members of the planning and zoning board shall appoint their own chairman, vice chairman and secretary and provide for their own rules of procedure, dates and times of their meetings and any related procedures which they may choose to adopt in order to effectively and efficiently carry out their duties; providing, however, that the members of the planning and zoning board shall meet no less than bimonthly and keep a record of their resolutions, findings and determinations which shall be available to the public. The town building director, at the invitation of the board, shall attend meetings as directed. He shall be present in an advisory capacity only and shall not have a vote in the deliberations of the board. All members shall serve without compensation unless otherwise provided by the town council. However, they may be reimbursed for out-of-pocket expenses incurred in discharging their responsibilities and the duties of their office.
All decisions and disposition on any matter that comes before the planning and zoning board shall be subject to the approval of the town council. Recommendations of the board rejected by council shall be accompanied by a reason for such rejection. The planning and zoning board particularly is empowered to consider and make recommendations pertaining to the following:
(1) In its capacity as the local planning agency, to propose, review, and/or make recommendations regarding amendments to the town future land use plan map, subject to the following criteria:
a. Whether the proposed future land use plan designation is consistent with and furthers the adopted goals, objectives, and policies of the comprehensive plan, including but not limited to the following:
1. If a mixed-use Residential/Office General (R/OG) designation is requested, whether the proposed or likely development of subject property would be mixed-use rather than single-use, and would help to achieve the adopted citywide percentage goal of 30 percent residential within that land use category.
2. In general, whether the proposal would promote redevelopment and/or revitalization of existing land uses.
3. In general, whether the proposal would be consistent with any specific goals, objectives, or policies relating to the land use plan designation being requested.
b. Whether the proposed land use plan designation would allow development of sufficient density and/or intensity as to cause unacceptable degradation of levels-of-service, as adopted in the comprehensive plan, for public facilities and services. In particular, no increase in allowable density or intensity should be approved along roadways with existing or projected level-of-service deficiencies.
c. Whether the proposed land use plan designation would allow development of sufficient density and/or intensity as to cause an unacceptable additional burden upon the city's provisions for emergency shelter and/or evacuation.
d. Whether the uses allowable in the proposed future land use category are appropriate for subject property and compatible with existing and planned uses in the immediate vicinity.
e. Whether the proposed future land use plan designation would adversely affect environmentally sensitive areas or recognized habitats for protected species.
f. Whether the current future land use map designation or boundary was logically assigned or drawn in relation to existing conditions on subject property.
g. Any other facts or considerations deemed by the local planning agency to be relevant to the case.
(2) Make recommendations pertaining to platting and subdividing real property and parcels of land within the town.
(3) Adopt a zoning plan and recommend or disapprove any proposed changes in the plan.
(4) Promote public interest in and understanding of the master plan of planning and zoning.
(5) Prepare with the assistance of the town council any planning or zoning involving capital projects for the next succeeding five years beginning October 1, 1989, and each succeeding year thereafter.
(6) Make recommendations for the replatting, reconstruction or redevelopment of any area or district which may be destroyed in whole or in part or seriously damaged for any reason, particularly as a result of fire, hurricane, flood or other disaster. The recommendations from the planning and zoning board shall be subject to the approval of the council. The council is empowered to modify or change these recommendations or refer the same back to the planning and zoning board for reconsideration; and, in turn again, these matters are referred to the town council for its final approval.
(7) No real property or parcels of land shall be contracted for housing or for any housing project, and no housing shall be constructed unless all matters pertaining to the same are first approved by the planning and zoning board and submitted to the town council for its approval; provided, however, that in the event that such project is disapproved by the board, the town council by majority vote of its members shall have the power to overrule such disapproval or make such other changes and recommendations that it may desire.