2023-03 Comprehensive Plan Amendment - Future Land Use ElementORDINANCE NO. 2023-03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH
PALM BEACH COMPREHENSIVE PLAN TO ADOPT A NEW PROPERTY
RIGHTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature recently updated Section 163.3177(6)(i)1, Florida Statutes, to
require each local government to include in its Comprehensive Plan a Property Rights Element to
ensure that private property rights are considered in local decision-making; and
WHEREAS, the Village wishes to amend its Comprehensive Plan to add a Property Rights
Element as required by Florida law; and
WHEREAS, on November 1, 2022, the Planning Commission, sitting as the Local Planning
Agency, conducted a public hearing to review the proposed amendment to the Village
Comprehensive Plan and provides a recommendation of approval to the Village Council; and
WHEREAS, having conducted all of the duly advertised public hearings required by Chapter 163,
Florida Statutes, the Village Council wishes to amend its Comprehensive Plan and determines that
the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents
and property owners 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 revises the Village of North Palm Beach
Comprehensive Plan by adopting a new Property Rights Elements attached hereto as Exhibit "A"
and incorporated herein by reference.
Section 3. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
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 5. This Ordinance shall be effective thirty-one (3 1) days after the Department of
Economic Opportunity notifies the Village that the plan amendment package is complete or, if
timely challenged, this Ordinance shall be effective upon entry of a final order by the Department
of Economic Opportunity or the Administration Commission determining the adopted amendment
to be in compliance.
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14.0 PROPERTY RIGHTS
14.1 INTRODUCTION
Section 166.3177(6)(i)1, Florida Statutes, requires each local government to include in its
Comprehensive Plan a Property Rights Element to ensure that private property rights are
considered in local decision making.
14.2 VILLAGE GOAL STATEMENT
The Village will make planning and development decisions with respect for property rights
and with respect for people's rights to participate in decisions that affect their lives and
property.
14.3 OBJECTIVE AND POLICY
OBJECTIVE 1: The Village will respect judicially acknowledged and constitutionally
protected private property rights.
Policy 1.1: The Village will consider the following rights in its decision making:
a. The right of a property owner to physically possess and control his or her interests
in the property, including easements, leases, or mineral rights.
b. The right of a property owner to use, maintain, develop, and improve his or her
property for personal use or for the use of any other person, subject to state law
and local ordinances.
C. The right of a property owner to privacy and to exclude others from the property to
protect the owner's possessions and property.
d. The right of a property owner to dispose of his or her property through sale or gift.
PLACED ON FIRST READING THIS 8TH DAY OF DECEMBER, 2022.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF FEBRUARY, 2023.
ATTEST:
A
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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