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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AND RESPONSIBILITIES FORMERLY CONTAINED IN CHAPTER 163.215 THROUGH 163.300, FLORIDA STATUTES, WHICH PROVISIONS WERE REPEALED BY ACT OF THE FLORIDA LEGISLATURE, EFFECTIVE 10/01/85, AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.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 Section 21-1 of the Village of North Palm Beach Code is hereby repealed.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 2 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: 3 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 4 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 5 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 6 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. 7 (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. ..,~_ ATTEST: ViT~age erc