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Ordinance 1982-001 Power to Grant Variances to the Board of Adjustment ORDINANCE N0. 1-82 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE BY ADDING SECTION 5,86 WHICH WOULD PERMIT THAT VARIANCES MAY BE GRANTED FROM THE CODE SECTIONS INVOLVING DOCKS AND WHARFS OF PROPERTIES BORDERING ON LAKE WORTH WHERE A LITERAL INTERPRETATION OF ' THE VILLAGE CODE MAY CREATE A HARDSHIP TO CERTAIN WATERFRONT OWNERS WHOSE PROPERTY IS UNIQUE AND MAY BE ENTITLED TO A VARIANCE TO PERMIT A DOCK AND WHARF WHICH DOES NOT COMPLY WITH THE LITERAL LANGUAGE OF THE VILLAGE CODE, AND BY ASSIGNING THE POWER TO GRANT VARIANCES TO THE DOCKS AND WHARFS SECTIONS OF THE VILLAGE CODE TO THE VILLAGE BOARD OF ADJUSTMENT. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village of North Palm Beach Code is hereby amended by adding thereto Section 5-86 to read as follows: Section 5-86 Variances. The Board of Adjustment created and described in Section 21-21 of the Village of North Palm Beach Code shall have the power to authorize upon appeal such variance from the terms of Sections 5-69 through 5-96, both inclusive of the Village of North Palm Beach Code, as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of those sections of the Village of North Palm Beach Code as they pertain to properties located on Lake Worth will result in unnecessary and undue hardship. In order to authorize any variance from the terms of those sections of the Village of No-th Palm Beach Code, the Board of Adjustment must find the factors set forth in Chapter 163.225 (3) (a)(b)(c) Florida Statutes: "(3) (a) To authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order ' to authorize any variance from the terms of the ordinance, the board of adjustment must find: "1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; "2. That the special conditions and circumstances do not result from the actions of the applicant; "3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; ' "4. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; "5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; "6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. "(b) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this part and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. "(c) The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both." Section 2. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 14th DAY OF JANUARY, 1982. PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF JANUARY, 1982. .~~a-ri 1~~~-~-.,~v-_ ' (Village Seal) ATTEST: VICE MAYOR --~vr Village Clerk