2023-18 Code Amendment - Create Planning, Zoning and Adjustment BoardORDINANCE NO. 2023-18
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING AND
DEVELOPMENT," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING ARTICLE II, "PLANNING COMMISSION," TO CREATE A
PLANNING, ZONING AND ADJUSTMENT BOARD AND REPEALING
.ARTICLE III, "BOARD OF ADJUSTMENT," IN ITS ENTIRETY; AMENDING
ARTICLE VI, "REZONING, VARIANCES AND WAIVERS," OF CHAPTER 45
(APPENDIX C), "ZONING," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 45-505 "VARIANCES," TO PROVIDE PROCEDURES
FOR VARIANCES AND ADOPTING A NEW SECTION 45-52,
"ADMINISTRATIVE APPEALS;" REPLACING ALL VILLAGE CODE
REFERENCES TO THE PLANNING COMMISSION WITH THE PLANNING,
ZONING AND ADJUSTMENT BOARD; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council wishes to revise Chapter 21, "Planning and Development," and
Chapter 45 (Appendix C), "Zoning," of the Village Code of Ordinances to create a Planning, Zoning
and Adjustment Board and transfer the criteria and procedures for variances and administrative
appeals from Chapter 21 to Chapter 45; and
WHEREAS, on September 12, 2023, the Planning Commission, sitting as the Local Planning Agency,
conducted a public hearing to review this Ordinance and provided a recommendation to the Village
Council; and
WHEREAS, having considered the recommendation of the Planning Commission and conducted all
required advertised public hearings, the Village Council determines that the adoption of this
Ordinance is in the interests of the health, safety, and welfare of the residents 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 II, "Planning Commission," of Chapter
21, "Planning and Development," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is s rieke +h,.,,,,,�1,):
ARTICLE II. PLANNING, ZONING AND ADJUSTMENT BOARD COMMISSION
Sec. 21-11. Composition; conduct generally.
(a) Created. A planning, zoning and adjustment board ^^mom issi for the
village is herebycreated.
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(b) Membership; terms. The planning, zoning and adjustment board
shall consist of seven (7) members. The village council shall appoint
members on an annual basis during April of each year to take effect the
followingMay 1 of each year for staggered terms of two 2 ears as
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determined by the village council. The planning, zoning and adjustment
board eem i ssi en shall consist of one (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 three (3) members who need not be
engaged in any particular business or profession.
(c) Meetings. The planning, zoning and adjustment board shall meet
at least once each month on a date to be determined by the planning
eemmiss board.
(d) Powers, duties. The planning, zoning and adjustment board shall
have the following powers and duties:
(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 zoning and adjustment board iee of the village
is hereby designated as the governmental entity to act as the "local
planning agency" in accordance with chapter 163, Florida Statutes.
(4) The planning, zoning and adjustment board shall serve
as the "'"a no's beat a of ^Ea ustmei + to eoiisi e f have the authority to
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rant variances in accordance with section 45-50 and consider and
adjudicate administrative appeals in accordance with section 45-52.
(5) The planning, zoning and adjustment board has
additional duties that include site plan and appearance review (see
sections 6-30 through 6-60); the responsibility to make
recommendations on special exceptions (see section 45-16.2); and the
authority to approve waivers on land in the C -MU and C -NB zoning
districts only (see section 45-51).
Sec. 21-12. Changes to zoning ordinances.
(a) The village council may amend or, supplement the regulations and districts
established by this Code after receiving the recommendation of the planning,
zoning and adjustment board eammissi . Proposed changes may be
suggested by the village council or the village manager. Changes to zoning
district boundaries may be requested in accordance with section 45-49.
(� (b) The planning, zoning and adjustment board eefamissi , 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, zoning and adjustment board eemmissi ,
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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_,
zoning and adjustment board eemmissi is adverse to the proposed change,
such change shall not become effective except by an affirmative vote of a
majority of the entire membership of the village council, after due public
notice.
Section 3. The Village Council hereby deletes Article III, "Board of Adjustment," of Chapter 21,
"Planning and Development," of the Village Code of Ordinances in its entirety (deleted language is
stricken through):
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Section 4. The Village Council hereby amends Article VI, "Rezonings; Variances; Waivers," of
Chapter 45 (Appendix C), "Zoning," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is stfi ,vo„ +h, ettgi,):
ARTICLE VI. REZONINGS; VARIANCES; WAIVERS; ADMINISTRATIVE APPEALS
Page 5of10
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Section 4. The Village Council hereby amends Article VI, "Rezonings; Variances; Waivers," of
Chapter 45 (Appendix C), "Zoning," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is stfi ,vo„ +h, ettgi,):
ARTICLE VI. REZONINGS; VARIANCES; WAIVERS; ADMINISTRATIVE APPEALS
Page 5of10
Sec. 45-50. Variances.
(1) Generally. All applications for variances to regulations or restrictions
established by this or -d nave -e chapter or otherwise permitted by this code shall
be initiated by application to the village. The application may be made by any
property owner or tenant or by a governmental office, department, board or
bureau and filed with the community development department of the village.
Any such application, except by a governmental agency, must be accompanied
by the filing fee established in the master fee schedule adopted annually as part
of the village budget.
(2) Variance application process.
a. Generally. Upon receipt of an application for a variance, the
community development director shall schedule the variance for
review and processing. Variances shall be processed and noticed
pursuant to section 23-3.
b. Application requirements. Variance requests shall contain information
sufficient in detail to reasonably gpprise the community development
director or his/her designee, and the planning zoning and adjustment
board of the nature and substance of the proposed variance.
Variance requests shall be filed by written application to the
community development department. Each application shall be
accompanied by the applicable fee and shall contain the following
information or as otherwise required on the community development
department application submittal checklist:
1. A legal description of the subject property with a sealed land
survey prepared by a registered land surveyor.
2. A detailed description of the requested variance and a
justification statement detailing how the variance meets each of
the criteria set forth in subsection (3)b below.
3. Dimensioned plans showing the improvements that are the
subject of the variance request.
4. The person filing the application must be the property owner or
an agent of the property owner. Proof of ownership must be
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provided. If the applicant is other than the owner of record, a
power of attorney from the owner of record to the applicant
_shall accompanytpplication affirming that the owner has
anted full authority to the applicant to ppply for the relief
requested in the application. If the applicant representing the
property owner is an attorney licensed to practice in this state,
no power of attorney shall be required; however, the attorney
shall sign the application and indicate his or her representative
capacity_
5. Copy of a list of property. owners within five hundred (500) feet
of the subject property from the Palm Beach County Property
Appraiser's Office and stamped and addressed envelopes for
the surrounding_ property owners within five hundred (500) feet
of the subject property_
(3) Variance standards, notice, guidelines, and review criteria.
a. Burden of proof The burden of demonstrating that the request meets
the variance review criteria shall be on the applicant.
b. Public notice. Public notice of the variance application shall be
provided as required by section 21-3 of the village code_•
C. Review criteria. A variance is subject to the following criteria unless
otherwise specified in this chapter, and shall not be granted unless and
until the planning, zoningand nd adjustment board determines that:
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. Thatrg anting 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 subiect
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;
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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.
d. Conditions and safeguards. In granting a variance, the nlannin
zoning and adjustment board may prescribe appropriate conditions and
safeguards as are, in the board's opinion, necessary to protect the public
interest. Violations of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be deemed
a violation of this chapter.
e. Use variances not authorized. Under no circumstances, except as
expressly authorized, shall the planning, zoningand nd adjustment board
grant a variance to allow a use not permitted in the applicable zoning
district involved or any use expressly or by implication prohibited in
the zoning district by the terms of the code. No nonconfon-ning 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.
(4) Expiration of variance.
a. Unless otherwise set forth in the written order, the variance shall expire
one (1) year from the date of the planning, zoning and adjustment
board's order gjanting the variance if a building permit, where required
by law, has not been issued in accordance with the plans and conditions
upon which the variance was granted; and
b. The variance shall expire if a building permit issued in accordance with
the plans and conditions upon which the variance was granted expires
and is not renewed pursuant to the applicable provisions regarding
renewal of building_ permits.
5) Decision and written order. A concurring vote of four (4) of the seven (7
board members shall be necessary to grant a variance. The planning, zoning
and adjustment board's decision on a variance application shall be set forth in
a written order. An orderrg anting a variance shall contain all appropriate
conditions and safeguards as determined by the board. The order shall be
forwarded to the village clerk and shall be sent to the applicant and/or the
applicant's agent and shall become part of the public records.
(6) Judicial review. Any person or persons, jointly or severally, aggrieved by any
decision of the planning, zoning and adjustment board may seek judicial
review in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
within thirty (30) days after rendition of the decision by the planning, zoning
and adjustment board. Such an appeal shall not be a hearing de novo, but shall
be limited to appellate review of the record created before the planning, zoning
and adjustment board.
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Sec. 45-52. Administrative appeals.
1) Review by___ the planning, zoning and adjustment board. The nlannina. zonin
and adjustment board shall review and decide appeals from any person who
has been adversely affected by a decision or order of an administrative official
in the interpretation or application of the zoning code or any land development
regulation. The planning, zoningand adjustment board may modify, reverse,
or affirm the administrative official's decision or order interpreting or applying
the provisions of the zoning code or any land development regulation.
(2) Filing. Administrative appeals shall be filed by written application using the
form provided by the community development department. All applications
shall be accompanied by the processing fee established by the village council
and all supporting evidence pertaining to the appeal. All appeals shall be filed
with the community development department within fifteen (15) days of the
administrative decision, act, interpretation, or order to which the appeal is
directed.
(3) Processin.
a. All applications for administrative appeals shall be scheduled for a
hearing before the plannin , zoning and adjustment board on the next
available agenda.
b. The applicant or the applicant's agent or attorney shall present the
appeal at a public hearing before the planning, zoningand nd adjustment
board. The burden of demonstrating an error in such decision or order
shall be on the applicant.
C. The administrative official whose decision or order is being challenged
shall present evidence, through testimony, documents or otherwise,
supporting in the initial decision or order.
d. The concurring vote of four (4) of the seven (7) board members shall
be necessary to reverse any order, requirement, or decision of an
administrative official.
e. Upon a decision, the planning zoning and adjustment board shall issue
a written order. The order shall be forwarded to the village clerk and
shall be sent to the applicant and/or the applicant's agent and shall
become part of the public records
(4) Judicial review. Any person or persons, jointly or severally, aggrieved by M
decision of the planning, zoning and adjustment board mawjudicial
review in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida
within thirty (30) days after rendition of the decision by the planning, zoning
and adjustment board. Such an appeal shall not be a hearing de novo, but shall
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be limited to appellate review of the record created before the planning, zoning
and adjustment board.
5 Stay of work and proceedings on 9ppeal. An appeal to the planning, zoning
and adjustment board 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 planning, zoning and adjustment board
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 order of the planning, zoning and adjustment board or by a court of
record on application, on notice to the officer from whom the appeal is taken
and on due cause shown.
Section 5. All other references to the Planning Commission or to the Board of Adjustment in the
Village Code of Ordinances, to the extent not specifically addressed in this Ordinances, shall be
changed to the Planning, Zoning and Adjustment Board.
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach, Florida.
Section 7. 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 8. 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 9. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 28TH DAY OF SEPTEMBER, 2023.
PLACED ON SECOND, FINAL READING AND PASS
rqR A
ATTEST:
ILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
S 12TH DAY OF OCTOBER, 2023.
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