Ordinance 1986-004 Creating a Planning Commission & a Board of AdjustmentORDINANCE NO. 4-86
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CREATING A PLANNING COMMISSION FOR THE VILLAGE OF
NORTH PALM BEACH, CREATING A BOARD OF ADJUSTMENT AS PART OF THE
ZONING COMMISSION OF THE VILLAGE OF NORTH PALM BEACH, SETTING
' FORTH THE POWERS AND RESPONSIBILITIES OF THE PLANNING
COMMISSION AND THE ZONING BOARD OF ADJUSTMENT, REGULATING NEW
OR AMENDED SUBDIVISIONS WITHIN THE VILLAGE OF NORTH PALM BEACH,
AND GENERALLY CREATING BY ORDINANCE THOSE COMMISSIONS, BOARDS,
POWERS AND RESPONSIBILITIES FORMERLY CONTAINED IN CHAPTER
163.215 THROUGH 163.300, FLORIDA STATUTES, WHICH PROVISIONS
WERE REPEALED BY ACT OF THE FLORIDA LEGISLATURE, EFFECTIVE
10/01/85, AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. Section 21-1 of the Village of North Palm
Beach Code is hereby repealed.
' Section 2. Section 21.11. Planning Commission
Membership; Term; Meetings.
A Planning Commission for the Village of North Palm
Beach is hereby created.
(1) The Planning Commission shall consist of five (5)
members who shall serve for two-year terms and two (2)
alternates who shall serve for one-year terms. At the first
appointment of members to the Planning Commission, three (3)
regular members shall be appointed for a term of two (2) years,
two (2) regular members shall be appointed for a term of one
year, and thereafter each appointment shall be for two-year
terms. All terms shall take effect on the first day of May of
' each year. Alternate members of the Commission shall be
appointed on the same day that regular members are appointed.
The Planning Commission shall consist of one land use planner
or architect, one architect, one civil engineer, one person
engaged in business within the corporate limits of the Village
of North Palm Beach, and a fifth member who need not be engaged
in any particular business or profession. All vacancies on the
Planning Commission shall be filled within thirty (30) days so
as to maintain the composition of the Commission as set forth
above. Alternate members of the Planning Commission shall be
' appointed as first alternate and second alternate and shall
serve in that order when necessary. The members shall serve at
the pleasure of the Village Council.
The members of the Planning Commission shall elect a
Chairman from among its members. The presence of three (3) or
more members shall constitute a quorum of the Planning
Commission. The members shall serve without compensation.
The Planning Commission shall meet at least once each
month on a date to be determined by the Planning Commission.
(2) The Planning Commission shall have the following
powers and duties:
(a) Perform any duties which lawfully may be
assigned to it by the Village Council;
(b) Perform any other duties which may be
assigned to it under the Village of North Palm Beach Code.
(c) The Planning Commission of the Village of
North Palm Beach is hereby designated as the governmental
entity to act as the "local planning agency" in accordance with
Chapter 163, Florida Statutes.
Section 3. Section 21-12 of the Village of North Palm
Beach Code is hereby amended to read as follows:
Section 21-12.
(1) The Village Council may amend or supplement the
regulations and districts fixed by any zoning ordinance adopted
' pursuant to this act after referral and recommendations of the
Planning Commission. Proposed changes may be suggested by the
Village Council, by the Planning Commission, or by the petition
of the owners of 51 percent or more of the area involved in the
proposed change. In the latter case, the petitioners may be
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required to assume the cost of public notice and other costs
incidental to the holding of public hearings.
(2) `Phe Planning Commission, regardless of the source
of the proposed change, shall hold a public hearing or hearings
thereon, with due public notice, but shall in any case, if any
' change is to be considered by the Planning Commission, submit
in writing its recommendations on the proposed change to the
Village Council for official action. The Village Council shall
hold a public hearing thereon, with due public notice, if any
change is to be considered and shall then act on the proposed
change. If the recommendation of the Planning Commission is
adverse to the proposed change, such change shall not become
effecive except by an affirmative vote of a majority of the
entire membership of the Village Council, after due public
notice.
Section 4. Section 21-21 of the Village of North Palm
Beach Code is hereby amended to read as follows:
' Section 21-21. Board composition; terms.
A Board of Adjustment for the Village of North Palm
Beach is hereby created.
The Board of Adjustment shall have the following
powers and duties:
(1) To hear and decide appeals when it is alleged
that there is error in any order, requirement, decision or
determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted
pursuant to this part.
(2)(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:
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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 structure;
6. (a) 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.
(d) Under no circumstances except as permitted
above shall the Board of Adjustment grant a variance to permit
a use not generally permitted in the zoning district involved
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or any use expressly or by implication prohibited by the terms
of the ordinance in the zoning district. No nonconforming use
of neighboring lands, structures or buildings in the same
zoning district and no permitted use of lands, structures or
buildings in other zoning districts shall be considered grounds
' for the authorization of a variance.
(3) Board of Adjustment; review of administrative
orders.
In exercising its powers, the Board of Adjustment may,
upon appeal and in conformity with provisions of this part,
reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination made by an
administrative official in the enforcement of any zoning
ordinance or regulation adopted pursuant to this part, and may
make any necessary order, requirement, decision or
determination, and to that end shall have all the powers of the
officer from whom the appeal is taken. The concurring vote of
a majority of all the members of the Board shall be necessary
' to reverse any order, requirement, decision or determination of
any such administrative official or to decide in favor of the
applicant on any matter upon which the Board is required to
pass under any such ordinance.
(9) Appeals to Board of Adjustment from decision of
administrative official.
Appeals to the Board of Adjustment may be taken by any
person aggrieved or by any officer, board or bureau of the
governing body affected by any decision of an administrative
official under any zoning ordinance enacted pursuant to this
part. Such appeal shall be taken within thirty days after
rendition of the order, requirement, decision or determination
appealed from by filing with the officer from whom the appeal
' is taken and with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The appeal shall be in the
form prescribed by the rules of the Board. The administrative
official from whom the appeal is taken shall, upon notification
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of the filing of the appeal, forthwith transmit to the Board of
Adjustment all the documents, plans, papers or other materials
constituting the record upon which the action appealed from was
taken.
(5) Stay of work and proceedings on appeal.
An appeal to the Board of Adjustment stays all work on
' the premises and all proceedings in furtherance of the action
appealed from, 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 a court of record on
application, on notice to the officer from whom the appeal is
taken and on due cause shown.
(6) Board of Adjustment; hearing of appeals.
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, by agent or by attorney. Appellants may be
required to assume such reasonable costs in connection with
appeals as may be determined by the governing body through
action in setting of fees to be charged for appeals.
(7) Judicial review of decisions of Board of
Adjustment.
Any person or persons, jointly or severally, aggrieved
by any decision of the Board of Adjustment, or any officer,
department, board, commission or bureau of the governing body,
may apply to the Circuit Court in the judicial circuit where
' the Board of Adjustment is located for judicial relief within
thirty days after rendition of the decision by the Board of
Adjustment. Review in the Circuit Court shall be either by a
trial de novo, which shall be governed by the Florida Rules of
Civil Procedure, or by petition for writ of certiorari, which
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shall be governed by the Florida Appellate Rules. The election
of remedies shall lie with the appellant.
(8) The Board of Adjustment shall consist of five (5)
persons who shall serve for three-year terms and two (2)
alternates who shall serve for one-year terms. At the first
' appointment of .members to the Board of Adjustment, two (2)
regular members shall be appointed for a term of three (3)
years, two (2) regular members shall be appointed for a term of
two (2) years, and one regular member shall be appointed for a
term of one year. Thereafter, each appointment shall be for a
three-year term. All terms shall take effect on the first day
of May of each year. Alternate members of the Board of
Adjustment shall be appointed on the same day that regular
members are appointed. Alternate members of the Board of
Adjustment shall be appointed as first alternate and second
alternate and shall serve in -that order when necessary. The
members shall serve at the pleasure of the Village Council.
Members shall serve without compensation. The Board of
Adjustment shall meet as often as the demand necessitates.
Section 5. Section 1-8 of the Village of North Palm
Beach Code is hereby amended by adding a subparagraph (d) to
read as follows:
Section 1-8.
(d)(1) The Village Council shall provide for the
enforcement of a zoning ordinance enacted pursuant to this
part. A violation of the Zoning Code, being Sections 45-1
through 45-67 of the Village of North Palm Beach Code, is
declared to be a misdemeanor of the first degree, punishable as
provided in Sections 775.082 or 775.083, Florida Statutes.
' Each day such offense continues after written notice shall be
deemed a separate offense. This is in addition to penalties
described in Section 45-6 of the Village of North Palm Beach
Code.
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(2) In case any building or structure is erected, constructed,
reconstructed, altered, repaired or maintained or any building, structure,
land or water is used in violation of this part or any ordinance or other
regulation made under authority conferred hereby, the proper local authorities,
in addition to other remedies, may institute any appropriate action or pro-
ceedings in a civil action in the Circuit Court to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, and to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure, land or water, and to prevent any•
illegal act, conduct of business, or use in or about such premises.
Section 6. This Ordinance shall take effect immediately upon
passage.
PLACED ON FIRST READING AND READ IN FULL THIS 24TH DAY OF APRIL ,
1986.
PLACED ON SECOND READING, AND PASSED ON AN EMERGENCY BASIS THIS 24TH
DAY OF APRIL 1986.
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ATTEST:
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