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.
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' (Village Seal)
ATTEST:
VICE MAYOR
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Village Clerk