While many of us may marvel over some of the innovations of modern life (such as the ability to communicate with every part of the world from any location via fax, phone or internet), we may take for granted the less awe-inspiring yet equally important services and regulations which keep our cities and towns places we are proud to call home. How many of us think about having our garbage collected twice a week? Or notice that the places we shop are landscaped with grass, trees and flowers? Or consciously appreciate that our next door neighbor will not be yet another combination gas station and convenience store? The best way to maintain this worry-free existence, and to ensure that your municipality remains a safe, thriving and desirable place to live is to become involved in one of its many governing boards.
Persons seeking to participate in their city government need not run for a seat on the city or town council in order to make a difference within their community. Municipal government offers many opportunities for residents from all walks of life to become involved in the decision-making process. While the elected body is charged with formulating general policy for the city or town, there are numerous boards and committees that perform specific, essential functions.
One of the most visible citizen boards is the planning and zoning board, which is charged with a number of important responsibilities, including review of all requests for changes in the land use category or zoning district applicable to properties within the municipality. While the two terms are often used interchangeably, land use refers to the broad range of uses which may be appropriate for the property within a certain future time frame (such as "commercial" or "residential") and zoning refers to the more specific regulations applicable to the current use of the property (such as "neighborhood commercial" or "residential multi-family"). Land use is determined as part of the municipality=s overall comprehensive plan for development and the zoning category must be consistent with the land use. The prohibited and permitted uses for the property, as well as other regulations such as setbacks and height limitations, depend on the specific zoning category.
Planning and zoning boards also review applications for new development within the municipality to ensure that all applicable regulations, such as height limitations and landscape requirements, are met. Members of the planning and zoning board are often required to exercise their judgment in determining whether a particular type of building is suitable in a specific area or whether the use proposed by the property owner is compatible with the uses generally surrounding the property. Municipalities often seek to ensure that the members of the planning and zoning board are of diverse backgrounds and experiences, yet generally knowledgeable in the areas of architecture, construction, or real estate.
Another very important citizen board is the code enforcement board, which usually consists of seven members charged with the responsibility of enforcing the codes in effect within the municipality. The State statute authorizing the creation of code enforcement boards also encourages diversity among its membership. The membership shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.
Code enforcement boards are "quasi-judicial boards", meaning that the board hears testimony under oath and renders a decision based upon the evidence presented during the course of a public hearing. The case is presented by a code enforcement officer retained by the municipality to discover and investigate code violations. The officer's testimony is usually accompanied by pictures or some other type of visual evidence, and the person alleged to be in violation of the code is given the opportunity to present testimony and other evidence to rebut what is presented by the code enforcement officer.
Cases before the code enforcement board typically involve property owners who fail to abide by the City code provisions addressing property maintenance or use, such as the failure to properly maintain lawns and landscaping or the parking of large commercial vehicles in residential neighborhoods. The code enforcement board is empowered to impose fines of up to $250 per day for each day a code violation remains after the date the board sets for compliance. The fine rises to $500 per day for persons who repeatedly violate the city code provisions. The board may also hear cases addressing serious safety concerns, such as the property owner who fails to provide any protective barrier around an empty pool, and may order that city personnel take proactive measures to protect the public safety and welfare. Should the property owner fail to pay a fine issued by the code enforcement board, the board has the authority to place a lien against the property owner's real and personal property.
A third type of board common to municipalities is the board of adjustment or zoning board of appeals. The purpose of this board is determine whether a property owner should be granted a Avariance@ from the city codes. A variance is permission to depart from the literal requirements of a zoning ordinance. A common type of variance occurs where a property owner wishes to build a pool or patio, but due to the irregular shape of the lot, cannot meet the required setback. The setback is the distance between the edge of a building or structure and the property line.
A board of adjustment or zoning board of appeals is also a "quasi-judicial board" and the property owner is required to demonstrate, through the presentation of testimony and other visual evidence, that some type of hardship exists so that it would be unfair to enforce the regulation at issue. This hardship cannot be caused by the property owner's own actions, nor can it be purely economic in nature. For example, if pool or patio referenced above can be built on another portion of the property without necessitating a variance from the setback requirements, the property owner should not be granted a variance even if it will cost twice as much to build in the alternate location.
While code enforcement boards and boards of adjustment often meet on a monthly basis, planning and zoning boards in cities with a substantial amount of development may meet at least twice monthly. The meetings are typically held in the evening and require a substantial time commitment, including preparation time to review agendas and reports prepared by city staff.
In addition to the foregoing, most municipalities maintain a number of advisory boards to serve specific functions and render recommendations to the city or town council. By way of example, the City of Palm Beach Gardens has a number of advisory boards, including a Beautification and Environmental Committee, an Education Advisory Board, and an Art Advisory Committee. The Town of Jupiter maintains a Beach Committee. These boards generally meet on a monthly basis and may not require as significant a time commitment as the three primary boards described above.
Municipal government cannot operate without the participation of ordinary citizens who care about their community and are willing to share their knowledge, experience and expertise. The success of a city or town and its ability to provide essential services depends upon the interest and commitment of its residents. Isn't it about time that you made a difference?