2019-01 Code Amendment - Boards and CommitteesORDINANCE NO. 2019-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, RELATING TO VILLAGE BOARDS AND
COMMITTEES; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2,
"ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 2-1, "BOARDS AND COMMITTEES," TO INCREASE
THE NUMBER OF MEMBERS AND ELIMINATE ALTERNATE MEMBERS,
MANDATE THE START TIME OF MEETINGS, AND CLARIFY PROVISIONS
REGARDING VACANCIES, REMOVAL, APPOINTMENT AND MEETINGS;
AMENDING DIVISION 2, "AUDIT COMMITTEE," OF ARTICLE III,
"ADMINISTRATIVE CODE," OF CHAPTER 2 OF THE VILLAGE CODE TO
REVISE THE MEMBERSHIP AND TERMS AND REMOVE REDUNDANT
LANGUAGE; AMENDING ARTICLE IV, "WATERWAYS BOARD," OF
CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE CODE
OF ORDINANCES TO REVISE THE MEMBERSHIP AND TERMS AND
REMOVE REDUNDANT LANGUAGE; AMENDING ARTICLE II,
"MINIMUM CONSTRUCTION STANDARDS," OF CHAPTER 6,
"BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE
OF ORDINANCES TO REPEAL SECTION 6-18, "CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS;" AMENDING ARTICLE II,
"GOLF ADVISORY BOARD," OF CHAPTER 9, "COUNTRY CLUB," OF
THE VILLAGE CODE OF ORDINANCES TO REVISE THE MEMBERSHIP
AND TERMS AND REMOVE REDUNDANT LANGUAGE; AMENDING
C' ARTICLE VIII, "BUSINESS ADVISORY BOARD," OF CHAPTER 17,
"LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE
VILLAGE CODE OF ORDINANCES TO REVISE THE MEMBERSHIP AND
TERMS AND REMOVE REDUNDANT LANGUAGE; AMENDING ARTICLE
III, "RECREATION ADVISORY BOARD," OF CHAPTER 20, "PARKS,
PLAYGROUNDS AND RECREATION," OF THE VILLAGE CODE OF
ORDINANCES TO REVISE THE MEMBERSHIP AND TERMS AND
REMOVE REDUNDANT LANGUAGE; AMENDING CHAPTER 21,
"PLANNING AND DEVELOPMENT," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING ARTICLE II, "PLANNING COMMISSION,"
TO REVISE THE MEMBERSHIP AND TERMS, REMOVE REDUNDANT
LANGUAGE, AND PROVIDE FOR ADDITIONAL DUTIES AND BY
AMENDING ARTICLE 111, "BOARD OF ADJUSTMENT," TO PROVIDE
THAT THE PLANNING COMMISSION SHALL SERVE THIS FUNCTION
AND REQUIRE THAT A CONCURRING VOTE OF A MAJORITY OF ALL
MEMBERS IS REQUIRED TO GRANT A VARIANCE; CREATING A NEW
ARTICLE IV OF CHAPTER 24, "STREETS, SIDEWALKS AND PUBLIC
PLACES," OF THE VILLAGE CODE OF ORDINANCES TO CREATE AN
ENVIRONMENTAL COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP
AND DUTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to revise the requirements applicable to Village boards and
committees, dissolve the Construction Board of Adjustment and Appeals, have the Planning Commission
assume the duties of the Board of Adjustment and create a new Environmental Committee; and
Page 1 of 21
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Chapter 2,
"Administration," of the Village Code of Ordinances as follows (additional language underlined
and deleted language st-Fi eke Offo i g )
Sec. 2-1. Boards and committees.
(a) Purpose. The purpose of this section is to establish procedures for
village boards and committees. Except as specifically provided by law or ordinance,
all boards and committees are advisory only and the existence of such advisory
boards and committees does not diminish or alter the statutory or constitutional
authority of the village council.
(b) Scope. The provisions of this section shall apply to all village
boards and committees and shall govern the conduct of all members of such boards.
(c) Creation of advisory boards. The village council may, by ordinance,
create a board or committee in connection with any function of the village. The
ordinance creating such board shall specify the purpose, powers, and duties of the
` - -- board. Nothing set forth herein shall prevent the village council from creating ad hoc
committees of limited duration by resolution.
(d) Records. Each board and committee shall maintain attendance
records and voting records of each member and shall forward such information to
the village clerk. The records shall include the reason given by the board or
committee member for any absence.
(e) Compensation of members. Board and committee members shall
serve without compensation except as may be provided by ordinance or resolution
of the village council.
(f) General provisions. Members of village boards and committees:
(1) Shall serve at the pleasure of the village council and may be
removed with or without cause by a vote of the village council;
(2) Shall be a resident of the village and maintain residency in the village
during the term of appointment (unless waived by the village council)
and meet such other eligibility requirements as may be established
by the village council;
(3) Shall not hold any employment or office in village government or
any contractual relationship with the village;
Page 2 of 21
(4) Shall serve on only one village board or committee where
membership on two boards or committees would violate the
constitutional dual office -holding prohibition;
(5) Shall not appear before the board or committee on which they serve or
the village council as an agent or attorney on behalf of any person or entity;
(6) Shall not have or hold any employment or contractual relationship
that will create a continuing or frequently recurring conflict between
their private interests and the performance of their public duties or
that would impede the full and faithful discharge of their public duties;
(7) Shall not initiate any grievance or complaint against any person
appearing before the board or committee on which they serve
without the approval of the village manager; and
(8) Shall attend all meetings in person and shall not participate as a
member of any board or committee or vote on any matter by
telephone, video conferencing, or any other electronic means.
(g) Number of members. Unless otherwise provided by law or ordinance,
each advisory board or committee shall have fwe seven regi members and two
alter -native membefs, designated as the first alternate and the seeond .At
the b0lrrtY1Y11Y1lt of eae meeting, the nhnirr er-so of the _boafd r- eemmit4ee
publiely annatinee whether- first. alternate and/or the seeend a4ternate will
paffieipating ivyyoteStaken by the
board rd or eemmitteet.
(h) Terms of members.
(1) The terms of members shall be established in the ordinance
creating the board or committee. Notwithstanding the foregoing,
the village council may, at the time of appointment, modify the
term of any member in order to provide for staggered terms.
(2) Members whose terms have expired shall continue to serve until
their successors are appointed.
(3) Board and committee members may be reappointed to successive terms.
Appointments to fill vacancies on any board or committee shall be
for the remainder of the unexpired term.
(i) Officers.
(1) All boards and committees shall, at a meeting during the month of May,
elect a chairperson, a vice -chairperson, and any other officers as
the board deems necessary. The chairperson shall preside at board
meetings and shall be the official spokesperson for the board.
(2) The vice -chairperson shall assume the duties of the chairperson in
the absence of the chairperson. At any meeting where the chairperson
and the vice -chairperson are absent, the board or committee shall appoint
a chairperson pro tempore to assume the duties of the chairperson.
Page 3 of 21
(j) Rules. Each board and committee shall adopt rules and regulations
regarding the manner of conducting its meetings, which shall be consistent with the
rules and regulations prescribed by the village council. Each board and committee
shall adhere to the basic rules of parliamentary procedure, which require that:
(1) All items of business and motions that are properly before the
board or committee are fully and freely discussed;
(2) Only one issue or motion be considered at a time;
(3) All members direct their remarks to the chairperson and wait to be
recognized by the chairperson;
(4) While majority rules, the rights of the minority are protected by
assuring them the ability to speak and vote; and
(5) All members refrain from making personal remarks or otherwise
attacking the motives of other members.
(k) Meetings.
(1) All village boards and committees shall endeavor to schedule a
regular meeting once per month. Meetings shall be held at the call of
the chairperson, at such other times as the board or committee may
determine, or as otherwise provided by law or ordinance. Special
meetings may be called by the chairperson or by written notice signed
by a majority of all members and shall not be held unless at least 48
hours notice is given to each member and to the village clerk.
(2) Members shall notify the chairperson if they are unable to attend a
meeting. If a quorum will not be present, the scheduled meeting
shall be cancelled.
(3) Minutes shall be kept of the proceedings at each meeting and shall
record the official acts taken by the board or committee. Minutes
shall be transmitted to, and maintained by, the village clerk.
(4) All meetings and public hearings of village boards and committees
shall be open to the public. All meetings shall be governed by
Government -in -the -Sunshine Law, as set forth in section 286.011,
Florida Statutes, as may be amended.
Absent exigent circumstances, no board or committee meeting
shall begin prior to 5:30 p.m. and all meetings shall be adjourned
on or before 11:00 p.m. on the date when the meeting convened.
(1) Quorum and required vote.
(1) Unless otherwise provided by law or ordinance, a quorum for the
transaction of business shall consist of +1� four members.
(2) The affirmative vote of a majority of those present shall be
necessary to take official action. If any motion fails to achieve the
affirmative vote of a majority of those present, then such petition
or other matter shall be deemed denied.
Page 4 of 21
(m) Removal of members.
(1) Unless waived by the village council, any member who no longer
resides within the village during his or her term shall automatically
cease to be a member of the board or committee and shall inform
the village clerk's office.
(2) If any member of a board or committee is absent from three
consecutive regular meetings or 25 percent of the regular meetings
within any 12 -month period (from May 1St to April 30th), the
ehai per- villageerk shall notify the village council of such
absences in writing. Upon consideration of the circumstances
pertaining to the member's absences, the village council may retain
the member or declare the member's office vacant and promptly
fill such vacancy for the unexpired term of office.
(n) Resignation of members. Members of boards or committees may
resign at any time, by submitting a written letter of resignation to the village clerk.
(o) Clerical/technical support. The village manager may furnish the
board or committee necessary clerical services and technical assistance.
(p) Dissolution of boards. Unless otherwise provided by law or ordinance,
the village council may dissolve a board or committee if the village council
determines that the board is no longer needed to meet the purposes for which it
was established.
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Section 3. The Village Council hereby amends Division 2, "Audit Committee," of Article III,
"Administrative Code," of Chapter 2, "Administration," of the Village Code of Ordinances as
follows (additional language underlined and deleted language s rieke ,-1.,fough):
See. 2-51. Created.
An audit committee (hereinafter referred as the committee) for the village
is hereby created.
Sec. 2-52. Composition; terms; vacancies.
(a) Composition. The audit committee shall consist of five (5) seven
members and two (2) alternate members. The membership of the audit
committee shall consist of fiv@ (5) village residents with educational and/or
practical experience in the fields of finance or business.
Page 5 of 21
(b) Terms. The village council shall appoint thin etn members on
an annual basis during April of each year to take effect the following May 1 of
each year. At the - 4st .,Y.pe rtmeiA of he fe^-(4) resident members, „np r)
X -L . ited for a term of two (2) yea-Fs; and two (2) members sha4l be appainte
one (1) yea-F. Ther-e-aAe-r-, r-esideiA members sha4l be appoi for staggered terms
of three (3) years as determined by the village council. Altemate members s
be appoii4ed on the same day that i:egulaf members are appointed a-ad on —8n.
ani+ual basis dur-ing April of eaeh yeaf to take effeet the following May I of
Yeaf and sha4l have the diity to sit for- any r-egular- member- that is absent, ineludiffg
the member- eouneilman. Alter-nate members sha4l be appointed as f4st alter-fial-e
and seeend alter-na4e a-ad shall ser-ve in that order- when required. The members
shall ore» t the vlenTLre of the village eounnil
Section 4. The Village Council hereby amends Article IV, "Waterways Board," of Chapter 5,
"Boats, Docks and Waterways," of the Village Code of Ordinances as follows (additional
language underlined and deleted language strievo„ +4,„o„n:
See. 5-102. Created.
A waterways board (hereinafter referred as the "board") for the village is
hereby created.
Sec. 5-103. Composition; terms; .
(a) Composition. The waterways board shall consist of f;�� seven
members andtavw (2) a'*e''' "'+o m emhos+c. Who shall be village residents.
Page 6 of 21
serve at pleasure E)f the village eo - The village council
shall appoint members on an annual basis during April of each
year to take effect the following May 1 of each year for staggered
terms of three (3) years as determined by the village council.
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Sec. 5-1054. Duties.
The waterways board shall have the following missions and responsibilities:
(1) The mission of the waterways board is to ensure that the
waterways located within the Village of North Palm Beach
and the marina located at Anchorage Park are maintained,
operated and improved to provide the safest, most efficient,
economical and environmentally -sound water transportation
route in the village and to provide sound use of village
waterways that serve business, commercial fisheries and
recreation.
(2) The board shall identify, analyze, address and publicize issues
that affect the village waterways, village citizens and users.
(3) The board shall endeavor to build a growing community of
support through education of its members, prospective members,
community groups and relevant government officials.
(4) The board shall make recommendations to the village council
as to recommended improvements and establishment of policies.
Page 7 of 21
Section 5. The Village Council hereby amends Article II, "Minimum Construction
Standards," of Chapter 6, "Buildings and Building Regulations," of the Village Code of
Ordinances by deleting Section 6-18 in its entirety (deleted language s rieker thr-,ug );
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Section 6. The Village Council hereby amends Article II, "Golf Advisory Board," of
Chapter 9, "Country Club," of the Village Code of Ordinances as follows (additional language
underlined and deleted language str;^vo„ throug ):
Sec. 9-17. Composition and terms.
(a) Composition. The village council shall appoint five (5) seven 7
re^ -cul members and two (2) alternate mom to serve on the advisory board.
The council shall appoint one (1) regular advisory board member from the village
men's golf association and one (1) reglrLla advisory board member from the
village women's golf association, each of whom shall be golf members of the
country club. Each association shall recommend a person to serve as its
representative on the board; however, such recommendation shall not be binding
on the council. If no association member wishes to serve in this capacity, the
association members may be replaced with golf members of the country club. As
to the remaining three (3) five 5 regi advisory board members, one (1) shall
be a resident golf member of the country club and one (1) three 3 shall be either
a resident or non-resident golf member of the country club. There is no
membership or residency requirement for the wird fifth regular non -association
representative member. Eaeh vfthe -ct ierl%`tte-b^^r,a memberc. r1,^11 Le golf members.
(b) Terms.
(1)Upon initial appoiflAment of the advisory board members, the The
two (2) association representatives shall serve until April 30, 2009
Thereafter-, 'hese members shall serve terms of one (1) year.
(2) The remaining advisory board members shall serve staggered
terms of two
(2) years.Upon initia4 appointment of the"ser"
board members, the three'
3) re Cisv1�iS-1eg ulart-I1ZLTttber_cCT h t
serve ulAil April
20, 2010. Thereafter, these membersshall serve
terms of two (2) year_c
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Page 10 of 21
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eer-s. At the first —o-rganizati oNIL.7ITCLI meeting,the
advisor -y boal:d
i ledin c.ubseetio
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Section 7. The Village Council hereby amends Article II, "Library Board," of Chapter 16,
"Library," of the Village Code of Ordinances as follows (additional language underlined and
deleted language striekeN tluet g ):
ARTICLE II. LIBRARY ADVISORY BOARD
Sec. 16-16. Established.
There is hereby established a library advisory board for the village.
Sec. 16-17. Composition; appointment; term of office.
04 The library advisory board shall consist of five (5) seven 7
members_. and o ( �alter-nates who—sshalshall d
by
vil the e�ive date of this a inanee the three
(3 - embefs th� �1N.L.Lvg on the Qeafd a2T'CCNN�ose term expiroc.
April 30, 1996, d the two (2) members
glen serving on the bard
an :,A�e +e term expires April 20 1997, shall ee tine and
n Not �e
ageete.a by this ordinanee Thefeaft , fegulffif The village council
shall appoint members on an annual basis during April of each
year to take effect the following Mqy 1 of each year members of
the board shall be appok te,a for a staggered terms of two (2) years
as determined by the village council er until their- sueeessor-s tilne
been
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See. 16 20. Service without eompensatio-nv
ffTTi�,hO ",C% -ed as a member of stieh board.
Sec. 16-2418. Organization.
eonstitute . The board may make and adopt such bylaws, rules and regulations
for their own guidance and for the government and operation of any municipal library
and reading room in the village as they may deem expedient, subject to the approval,
supervision and control of the village council and not inconsistent with law.
Sec. 16-2-219. Powers and duties.
(1) The board shall serve in an advisory capacity to the village council
and make recommendations as to present and future activities,
planning, programs, capital improvements and facilities and other
matters relating to the overall function and operation of the
municipal library of the village. The board is not charged with the
duty of ascertaining costs or method of implementation of their
proposed plans; however, the board should consider the needs of
all residents of the village. The board shall have the power to call
upon the village manager, or his designee, for information and advice.
The board's recommendations to the village council shall be in
writing and shall state the basis or reasons for such recommendations.
(2) The board shall also perform any other duties which may be assigned
to it by the village council and the board shall act within thirty (30)
days of the date of reference, unless the village council otherwise states.
Page 12 of 21
Section 8. The Village Council hereby amends Article VII, "Business Advisory Board," of
Chapter 17, "Licenses and Miscellaneous Business Regulations," of the Village Code of Ordinances
as follows (additional language underlined and deleted language str-ie ,o„ thioug ):
Sec. 17-71. Created.
A business advisory board (hereinafter referred to as board) is hereby created.
Sec. 17-72. Composition; terms; vaeaneies.
(a) Composition. The board shall be appointed by the village council
and shall consist of five (5) seven 7 members and two
agate members. The board members shall be comprised
primarily of owners or operators of store -front businesses along the
village's main commercial corridors, namely, Northlake Boulevard,
U.S. Highway One and Alternate AIA. Members shall not be required
to be residents of the village and shall, to the extent practicable,
consist of. a representative from a retail business, a professional
services business and a personal services business; a commercial
realtor or business broker; and a commercial property owner.
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the effeetive date . -■ ..Y .f the . . ■Y■ -
(2) The terms of t:vw (2) members S-h..A eVire on April 30, 2014; an
The
Subsequent
. . . . Upon
expiration
of the tefms set
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each subsequent appoiRtment to the board shall be for- a tefm of three
A4emate members.-:"
reg lar ,,.,o,., bef is abbe + The village council shall appoint members
on an annual basis during April of each year to take effect the
following May 1 of each year for staggered terms of three (3) years
as determined by the village council.
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Sec. 1744 73. Mission; duties.
(a) Mission. The board shall serve in an advisory capacity to the village council,
and its mission shall be to promote business development and to support and
sustain existing businesses within the village by identifying business
opportunities and acting as a liaison between the owners of businesses within
the village and the village council.
Page 13 of 21
(b) Duties. The board's duties shall consist of the following:
(1) Advise the village council as to recommended improvements
to, and the establishment of, village policies and procedures
impacting the business community;
(2) Review and recommend appropriate communication strategies
to disseminate village information to the business community;
(3) Solicit and facilitate business input in matters of significance
to the village;
(4) Endeavor to build an expanding community of support
through education of its members, prospective members,
community groups and government officials;
(5) Advise the village council and village administration on
business development opportunities within the village;
(6) Identify, analyze and address legislative issues that may
impact the business community; and
(7) Any additional duties as may be assigned by the village council.
Section 9. The Village Council hereby amends Article III, "Recreation Advisory Board," of
Chapter 20, "Parks, Playgrounds and Recreation," of the Village Code of Ordinances as follows
(additional language underlined and deleted language strieke +i,r,,,,gh
Sec. 20-61. Created.
A recreation advisory board (hereinafter referred to as board) for the village
is hereby created.
Sec. 20-62. Composition; terms; .
(a) Composition. The board shall be appointed by the village council
and shall consist of five (5) seven 7 members �� ,o
alternates who shat be resident'7-of the X 11 .
(b) Terms.
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May 1, 1 The village council shall appoint members
on an annual basis during April of each year to take effect the
following May 1 of each year for staggered terms of two (2) years
as determined by the village council.
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Page 14 of 21
Sec. 20-66 63. Duties.
(a) The board shall serve in an advisory capacity to the village council
and make recommendations as to present and future recreation
activities, planning, recreation programs, capital improvements and
facilities and other matters relating to the overall recreational activity
of the village other than its waterways. The board is not charged with
the duty of ascertaining costs or method of implementation of their
proposed plans; however, the board should consider the needs of all
residents of the village. The board shall have the power to call upon
the village manager, or his designee, for information and advice.
The board's recommendations to the village council shall be in writing
and shall state the basis or reasons for such recommendations.
Page 15 of 21
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Sec. 20-66 63. Duties.
(a) The board shall serve in an advisory capacity to the village council
and make recommendations as to present and future recreation
activities, planning, recreation programs, capital improvements and
facilities and other matters relating to the overall recreational activity
of the village other than its waterways. The board is not charged with
the duty of ascertaining costs or method of implementation of their
proposed plans; however, the board should consider the needs of all
residents of the village. The board shall have the power to call upon
the village manager, or his designee, for information and advice.
The board's recommendations to the village council shall be in writing
and shall state the basis or reasons for such recommendations.
Page 15 of 21
(b) The board shall also perform any other duties which may be assigned
to it by the village council and the board shall act within thirty (30)
days of the date of reference, unless the village council otherwise states.
Section 10. The Village Council hereby amends Article II, "Planning Commission," of
Chapter 21, "Planning and Development," of the Village Code of Ordinances as follows
(additional language underlined and deleted language s rieker, t4o„rrl-,):
Sec. 21-11. - Composition; conduct generally.
(a) Created. A planning commission for the village is hereby created.
(b) Membership; terms..
Terms; G )-alternate
members.
nnn,nn 1,rs. The planning
commission shall consist of five (5) seven 7 members
whosha4l serve
f-^r t year tei: . The village council
shall appoint members on an annual basis during April of
each ,year to take effect the following May 1 of each year
for staggered terms of two (2) years as determined by the
village council. A two (2) alter es who shat serer
one yea -F terms. t the �c.t appointment o f members to the
-� � {zlrGzr�v�rri��irrrv'vra -!.v 1.11V
r.l r,;, -,rt nomm;c,c,ior, three ('11 re�'„lnr moral-�orc. c+l��ll leo
V 1111111. J iyefl, {.MVV (3) r-eguiW1 111embeiv shall e
appointed for a terZ2T-o\two / V��o (2) regular
2r����] P�1��y. �� years, �
members shar1be�ted for a term of
one (1) year,
e ST
i
theretr,��err�1e-�tFn,�'1-�Q-�3�9Q-H�{3����,,�.i �b�$ W1 1.V1111J. 1111
terms shall effeet-on the Arst day of N4ay of
eae year.
�\ Alternatemembers of the - - ionshall be appo;nt�
on t11a same
d!]t7 that regular- '1'l e-rs a fe appointed --.
The
planning commission sallconsist of Gone (1) land use
planner or architect, one (1) architect, one (1) civil
engineer, one (1) person engaged in business within the
corporate limits of the village, and a fifth three 3
members who need not be engaged in any particular
business or profession. All vae—amc�res, on the
no Sn3,iov, shall be
filled within thirty (30) days so as to
maintain nompoc,t�.fthe nommiss ov, as
set �ortl,
rrrR ��virrmr,.rsrvrr�—���rvr-rrr
above—Alte-FnL`tte members ot the planning nom+"LF ; c. c.; 0r,
shall be appointed as first niternateav,i'l senor,i-1 alternate
Cali TLGCG J�GGrr�-I.�'�i'Ci �7TR -
and Sht`lil sem-H%that `udder- wizen-neeessafy.. The memQe'-s
shall serve at thensure- of the village ..,,,,,,,.;1.
.. .. . . ....
�- - 0 a- . -
(c) Meetings. The planning commission shall meet at least once each
month on a date to be determined by the planning commission.
(d) Powers, duties. The planning commission shall have the following
powers and duties:
Page 16 of 21
(1) Perform any duties which lawfully may be assigned to it by
the village council.
(2) Perform any other duties which may be assigned to it under
this Code.
(3) The planning commission of the village is hereby designated
as the governmental entity to act as the "local planning agency"
in accordance with chapter 163, Florida Statutes.
The planning commission shall serve as the village's board
of adjustment to consider variances and administrative appeals.
Section 11. The Village Council hereby amends Article III, "Board of Adjustment," of
Chapter 21, "Planning and Development," of the Village Code of Ordinances as follows
(additional language underlined and deleted language stfievor +4,,,,gh :
Sec. 21-21. Composition; conduct generally.
(a) Created. A board of adjustment for the village is hereby created.
(b) Membership; ternis; alternatesT eempensation. The members of
the planning commission shall serve as the board of adjustment
•sist of five (5) • • • • serve
- • • (2) altemates - • sen,e for
one
yea-F terms. At the first
app• of
• of adjustment, ■ • - •
regular-ular-
members sha4l be appointed fer- a tefm of t4ee (3) years, two (2)
members appointed •r- a term of • an •
- - • -r- shall be - •
Thereafier, eaeh appoint-ment shaH be for- a #wee year term. All terms
shall take effeet on the first day of May of eaeh yean Aftemat
members of the boafd of adjustment shall be appointed on the same
• • •ar- members LX . - • of
-
board appointed as first altemate • • see
altemate • •
• • shall serve in that •
shall _ of
village •tmeil. Members shall se -r -
•out • • • of
adjustmepA shall meet as
often
the• • - •
(c) Powers, duties. The board of adjustment shall have the following
powers and duties:
Page 17 of 21
(1) Appeals. 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 —ii --nee of land development
regulation adopted pursuatA to this paA.
(2) Variances.-
a.
ariances:
a. To authorize upon
appea4 such variances from the
terms of the ordinaneo this code 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 ter of t
of ifia 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 the ordinance to other lands,
buildings or structures in the same zoning district;
4. That literal interpretation of the provisions of the
subject 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. 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
[eha tee and any ordinane_e
Penaeted under its a„thori�z code. 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 ordi nanee this code.
Page 18 of 21
C. The board of adjustment may prescribe a reasonable
time limit within which the action for which the
variance is required shall begin or be begun er
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 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.
e. The concurring vote of a majority of all members of
the board shall be necessarygrant a variance
pursuant to this section.
(d) Review of administrative orders. In exercising its powers, the board
of adjustment may, upon appeal and in conformity with provisions of
this [chapterl, 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.
(e) Appeals to board 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 (30) 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 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.
Page 19 of 21
(f) 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.
(g) Hearing of appeals. The board of adjustment shall fix a reasonable
time for the hearing of the appeal and decide the same within a
reasonable time. Public notice of all hearings shall be provided as
required by section 21-3 of this Code. 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.
(h) Judicial review of decisions of board. 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 (30) days after rendition of the decision by the
board of adjustment. Such an appeal shall not be a hearing de
novo, but shall be limited to appellate review of the record created
before the board of adjustment.
Section 12. The Village Council hereby amends Chapter 24, "Streets, Sidewalks and Public
Places," of the Village Code of Ordinances by adopting a new Article IV, "Environmental
Committee," to read as follows (additional language underlined):
ARTICLE IV. ENVIRONMENTAL COMMITTEE
Sec. 24-61. Created.
An environmental committee for the village is hereby created.
Sec. 24-62. Composition; terms.
La� Composition. The committee shall consist of seven (7) members.
Terms. The village council shall appoint members on an annual
basis during April of each year to take effect the following May 1
for staggered terms of two (2) years as determined by the council.
In order to provide for staggered terms, the initial terms of four (4)
members may be extended by one 1) year.
Page 20 of 21
See. 24-63 Duties.
The committee shall have the following duties and responsibilities:
The committee shall act in an advisory capacity to the village
council and recommend programs and activities to promote and
conserve the village's natural environment and enhance the
overall appearance of the village, including, but not limited to,
public facilities, swales, open spaces and rights-of-way;
The committee shall ensure that the existing and future village
programs and public improvements are, to the fullest extent
practicable, environmentally friendly and utilize and promote
native, drought -tolerant plant species;
The committee shall identifX, analyze and address issues
relating to the overall aesthetics of the village and recommend
methods to encourage and recognize the beautification of
privately owned commercial and residential properties; and
Any other dILty or responsibility assigned by the village council.
Section 13. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach.
- Section 14. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
r any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 15. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 16. This Ordinance shall take effect April 1, 2019.
PLACED ON FIRST READING THIS 28TH DAY OF FEBRUARY, 2019.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14TH DAY OF MARCH, 2019.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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1
� MAYOR