§ 5-106. Board of adjustment.

(a)

Whenever the Board of County Commissioners of St. Lucie County shall have determined to exercise the powers conveyed by this act [division], it shall thereupon be the duty of the said board to appoint by resolution a county board of adjustment for such county. Said board of adjustment shall consist of one member from each county commissioner's district to serve for a term to coincide with the term of the county commissioner of the district from which such member is appointed. The members of such board shall serve without compensation, but may receive necessary travel and other expenses while on official business for the board of adjustment outside of St. Lucie County. The board of county commissioners may provide for the board of adjustment such secretarial and professional assistance as may be necessary.

(b)

Such board of adjustment shall adopt rules in accordance with the provisions of any order or resolution adopted by the board of county commissioners pursuant to this act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public and shall be held in the St. Lucie County courthouse. The board 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 be immediately filed in the office of the Board of County Commissioners of St. Lucie County and shall be a public record.

(c)

Appeals to the board of adjustment may be taken by any person or party aggrieved or by any officer, department, board or bureau affected by any decision of the administrative offices. Such appeal shall be taken within a reasonable time as provided by the rules of the board, by filing with the officer from which the appeal is taken and with the board of adjustment a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(d)

When an appeal from the decision of the administrative official has been taken and filed with the board of adjustment, all proceedings and work on the premises concerning which the decision was made shall be stayed 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 the court on application, on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(e)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by any administrative official in the enforcement of this act or any order or resolution adopted pursuant thereto.

(2)

To hear and decide special exceptions to the terms of the order or resolution upon which such board is required to pass under such order or resolution.

(3)

To authorize upon appeal in specific cases such variance from the terms of the order or resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the order or resolution will result in unnecessary hardship, and so that the spirit of the order or resolution shall be observed and substantial justice done.

(f)

In exercising the above mentioned powers such board may, in conformity of the provisions of this act [division], reverse or affirm, wholly or partly, or may modify the order, resolution, requirement, decision or determination, appealed from, and may make such order, resolution, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officers or board from whom the appeal is taken.

(g)

The concurring vote of three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or board, or to decide in favor of the applicant on any matter upon which it is required to pass under any such order or resolution or to effect any variation in such order or resolution.

(h)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer or any officer, department, board or bureau of such county may, within (30) days after the filing of any decision in the office of the board of adjustment, but not thereafter, apply to the courts for relief. Appeals from decision of the board of adjustment shall lie only to the courts.

(Laws of Fla. (1955) ch. 31235, § 7; Laws of Fla. ch. 59-1805, § 4; Ord. No. 71-5, § 2, 9-21-1971)