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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. Page 1 of 10 (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 Y Y gg C)Y 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 l.t,J L11V � 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 , Page 2 of 10 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): ��io��-�r�r:�•/ii�i�•n�a�••/ii•!�.•azt&ULLM MME"Mr. "MAN .. i-"' . r.• . . . • .. .. . • i •=q��•i�7i�� �Sl7ii► i�. 2. That the speeia can itions andeiirr-eu TTl.anees do ne4 f result fro... tI.-Z` potions of the appliea-PPA-,, 3 That rf o "I i nr1 no r este will not eo er w the appheant any speeial ri�ethz is denied by Page 3 of 10 orlair�a»ne to of er lands, buildings lir c.C'TY,CFiC es in the `vTRTrItCIZG�Cv v''LTTGI�T.CII 3�DLCI name zoning distrie 9 4. That literal iRter-pr-etation of the provisions of the subjeet ordinaneI6 would deprive the app�iea-ipA of rights nommn.nly enjoyed by other- o n in the name zoning lain4rtl.+ under- the tefms o +he--ordina ee Aa would GTlCf'V' ork U.11neelessary and tmdue hardship on the C • -- • -. w;1m, UNG. .. . .. -WAVAIR 0 W.- NEVA WO X. - .::::Y.:• I•: -• :- - • • RVANNE - - - - Wl ME oil III ilia• • - -- - - - - WE - - • - - I - I • - ww • - - • • • - - t - - • • • • Emmm. film• • - I - - • - • - • - • • RVANNE - - - - Wl ME oil III ilia• • - -- - - - - WE - - • - - I - I • - - • Rf MA- - • MA • OLWON!WZW%MA.• - t - - • - • - . - • - v VAN • •RAI- • - - YI • - • • - - • Page 4 of 10 ::. PiloI: . • -- - - - -- .. - - : -.■' -NOW - . :.. . . . :. . . . All- :. '.. �11M I VERDE :M. .. : .• M. . .• .. t SLILILLI Mw- - EMP t • . I • . • • .A 11 a 11 RM -7.5p.1% M.1 •onot . • . . 1 a o-Zillill . III III 11111 - to N III• .n • toI t • ■ 111M I • . I t . I - . . . I . • t . • ■ • I - . . • . . Milt NXIM Y • • • I I MW . . • • . • • • - • . - . - . • . .PIM . . I I • • - . . • . I . . . Y Y . • I . t I .. • . • • t • . . t . • • • I • I . . - • • 531=011111 MMFM • • . 1 -mm I I I • . •MM . mm"I I - I I I I I ••• • O • . . t . . • I.• ■ Y t . I t • • •kw I . • . • t • - • • omlvAwmvAii I• • . • • • . • . . . . • . . • . • . Y • . . . • I . • • - . M.M. fffflp. . . Mul Y . . aff. . EF.M.W4 fflr. . 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 M.M. 11MINAMIR. t SLILILLI . . . I . • t WANSENNUMMIMILVA111 11: • • • . . • - . . • . - . - • . . - • : . • t•All I . • t . • . 41 111 t • • • • • • . • •MNIIIIIIIIMLWAMIIIKW • . . . t . I II. . • • • . . . - . 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 Page 6of10 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; Page 7of10 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. Page 8of10 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 Page 9of10 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. Page 10 of 10