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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 All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. Page 1 of 2 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 Page 2 of 2 y [1R Page 2 of 2