2009-16 Amending Notice Requirements for Land Use Changes• ORDINANCE 2009-16
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING
AND DEVELOPMENT," ARTICLE I, "IN GENERAL," OF THE VILLAGE
CODE OF ORDINANCES TO ENACT A NEW SECTION 21-3, "PUBLIC
NOTICE REQUIREMENTS FOR DEVELOPMENT ORDER APPLICATIONS
AND APPROVALS;" AMENDING SECTIONS 5-86, 6-111, 21-21, 45-35.1, 45-49
AND 45-50 OF THE VILLAGE CODE OF ORDINANCES TO INCORPORATE
THE PUBLIC NOTICE REQUIREMENTS AND TO UPDATE THE
TERMINOLOGY; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to amend Chapter 21, "Planning and
Development," Article I, "In General," of the Village Code of Ordinances to adopt a new section
21-3 to provide mailing, publishing and posting requirements for various types of development
order applications and approvals; and
WHEREAS, the Village Council wishes to incorporate these new requirements into
existing sections of the Village Code applicable to development order applications and
approvals; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
best interests of the residents and citizens o f the V illage 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 Chapter 21, "Planning and Development,"
Article I, "In General," of the Village Code of Ordinances by enacting a new Section 21-3 to
read as follows (additional language underlined):
Sec. 21-3. Public notice requirements for development auotications and
approvals
(a Requirements. In addition to those requirements imposed by state
law, yublic notice shall be provided as set forth below:
•
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Planning Commission/LPA/
Zoning Board of Adjustment Village Council
Mail* Newspaper* Post* Mail* Newspaper Post*
Rezonine 10 7 15 10 Statutory
notice for 15
ordinance
adoption
Large-scale
Comprehensive 10 7 15 10 Statutory
notice for 15
Plan Amendment ordinance
adoption
Small-scale
Comprehensive 10 7 15 10 Statutory
notice for 15
Plan Amendment ordinance
ado to ion
Variance** 7 7 10 N/A N/A N/A
Planned Unit
Development 10 7 15 10 Statutory
notice for
ordinance 15
ado to ion
* Number of calendar days prior to date of public hearing.
** The notice requirements for variances shall include alI variances
relating to the zonin code Chapter 45), the dock and waterway
regulations fChapter 5~, and the si n regulations Chapter 6,2
(b) Mailing requirements.
f 1) Contents. Unless otherwise required herein, mail notice of
a public hearing shall contain the following information:
a. Title and substance of pr_posed ordinance or
development order;
b. Time, date and location of the public hearing;
c. Location of the property affected by the application
with reference to the nearest intersection of two or
more streets:
d. Name, address and telephone number of the office
where additional information can be obtained; and
e. Location and times where proposed ordinance or
development order application may be reviewed.
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(2) All notices shall be provided by first-class mail
unless otherwise required by community
development du-ector. Mail notice shall be
postmarked no later than the minimum number of
calendaz days' as required in subsection (a) above
3) Mail for all privately initiated _ applications shall be
provided to all property owners of record excluding
property owned by the applicant within 500 feet of the
property to which the development order application or
amendment relates.
(4) The list of property owners shall be derived from the most
recent offiicial tax roll of Palm Beach Countv. The
applicant shall provide an affidavit attesting to the
completeness and accuracy of the property owner's list
(5) The applicant shall provide and mail all required notices
and provide an affidavit that notice was sent to all pro~ertY
owners included in the property owner's list.
(c) Postin requirements.
(1) The applicant shall provide the signs sub1ect to the criteria
for size and contents established by the community
development director.
(2) The applicant shall install the signs in a workmanlike
manner. All signs should be installed so as to withstand
normal weather events.
(3) The applicant shall post one sign per 500 feet of lineal
right-of--way with a minimum of one sign per frontage
(4) The applicant shall provide at least 3 days prior to the
public heazing, a photogt~h of the sign and an affidavit
attesting to the date of installation and the number of signs
(d) Newspaper requirements The applicant shall be responsible for
all costs associated with newspaper advertisements.
Section 3. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
Article III, "Construction Requirements," Division 4, "Docks and Piers," of the Village Code of
Ordinances by amending Section 5-86 to read as follows (additional language is underlined):
i
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Sec. 5-86. Variances.
The board of adjustment created and described in section 21-21 of this
Code shall have the power to authorize upon appeal such variance from the terms
of section 5-85(3) as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of the provisions of those sections of the
village Code as they pertain to properties located on Lake Worth will result in
unnecessary and undue hardship. In order to authorize any vaziance from the
terms of those sections of the village Code, the board of adjustment must find the
factors set forth in F.S. section 163.225(3)(a), (b), (c):
***
Public notice of all hearings conducted in accordance with this section
shall be provided as required by section 21-3 of the Village Code.
Section 4. The Village Council hereby amends Chapter 6, "Buildings and Building
Regulations," Article V, "Signs and Outdoor Displays," of the Village Code of Ordinances by
amending Section 6-111 to read as follows (additional language is underlined):
Sec. 6-111. General provisions.
(E) Vas-iance.
(1) Permanent sign. Dimensional restrictions outlined in this Code or
viewing obstacles shall be considered the only grounds of a
hardship for appeal from the regulations described herein. Any
increase in the height or size of a sign or setback thereof in the
granted variance shall not exceed thirty (30) percent of the
requirements of this code.
(2) The board of adjustment shall hear and rule on all applications for
variance to this Code. All the provisions of Article III, Chapter 21 of
the Village Code, shall apply to applications for variance to this code.
(3) All applications for variances to regulations established by this
article shall be filed with the Communitv
Development Director upon a form supplied by the village. The
application shall be accompanied by a filing fee of one hundred
fifty dollars ($150.00).
(4) Public notice of all hearings conducted in accordance with this section
shall be provided as required by section 21-3 of the Village Code.
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Section 5. The Village Council hereby amends Chapter 21, "Planning and Development,"
• Article III, "Boazd of Adjustment," of the Village Code of Ordinances by amending Section 21-21
to read as follows (additional language is underlined and deleted language is ):
Sec. 21-21. Composition; conduct generally.
***
(g) Hearing of appeals. The board of adjustment shall fix a reasonable
time for the hearing of the appeal~~e phis-~~~tl~eree~-a~rell-~-~~_~
+° +'~° ~°~~~°~ ~~ ~~~°~°~+, and decide the same within a reasonable time. Public
notice of all hearings shall be provided as required by section 21-3 of the village
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.
Section 6. The Village Council hereby amends Chapter 45, "Zoning," Article III, "District
Regulations," of the Village Code of Ordinances by amending Section 45-35.1 to read as follows
(additional language is underlined):
Sec. 45-35.1. Planned unit development.
VI. Effect of approval of village council. The approval of the application
by the village council shall allow the building official to issue a building permit in
conformity with the application as approved. This permit shall specify with
particularity the exact modifications to the provisions of this chapter which have
been approved. The holder of this permit may then proceed with his project in
conformity with said permit. No deviations from the conditions of the permit shall
be allowed except those which shall be in conformity with the basic provisions of
this ordinance as they apply to the zoning district in which the project is located.
VII. Public Notice. Public notice of all hearings conducted in accordance
with this section shall be provided as required by section 21-3 of the villa a code
Section 7. The Village Council hereby amends Chapter 45, "Zoning," Article VI,
"Amendments -Fees; Waiting Periods," of the Village Code of Ordinances by amending
Sections 45-49 and 45-50 to read as follows (additional language is underlined):
Sec. 45-49. Applications for rezoning, etc.
(1) All applications for rezoning and all applications to amend,
supplement, modify or repeal the boundaries, districts, regulations or restrictions
established by this chapter shall be done by application to the planning
• commission of the village. The application to the planning commission may be
made by any property owner or tenant or by a governmental office, department,
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board or bureau. Such applications shall be filed with the buffing community
development department of the village, which shall transmit the same, together
with all the plans, specifications, apphcation blank and other papers pertaining to
the application, to the planning commission. Any such application, except by a
governmental agency, must be accompanied by a filing fee of three hundred
dollars ($300.00) together with a deposit of the estimated cost of the village
processing the application. Upon the village determining the actual costs,
applicants shall pay the balance, if any, in full of such costs including advertising
prior to final consideration of the application. If the deposit exceeds actual costs,
the balance shall be refunded to applicant.
(2) All applications to the planning commission concerning rezoning shall
be upon forms to be supplied by the ~ communit development department.
(3) Whenever, after review, investigation and hearing, any application
for a change of district classification has been denied, an application for a like
change cannot be reinstated for a period of at least one (1) year after said denial.
(4) Public notice of all hearings shall be provided as required by
section 21-3 of the villa a code.
Sec. 45-50. Application for variances.
(1) All applications for variances to regulations or restrictions established
by this ordinance shall be done by application to the board of adjustment of the
village. The application to the board of adjustment may be made by any property
owner or tenant or by a governmental office, department, board or bureau. Such
applications shall be filed with the ec~er community development
director of the village, who shall transmit the same, together with all the plans,
specifications, application blank and other papers pertaining to the application, to
the board of adjustment. Any such application, except by a governmental agency,
must be accompanied by a filing fee of two hundred dollars ($200.00).
(2) All applications to the board of adjustment concerning variances
shall be upon forms to be supplied by the community
development department.
(3) Public notice of all hearings shall be provided as required by
section 21-3 of the villa eg code.
Section 8. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 9. If any section, paragraph, sentence, clause, phrase or word of this Ordinances 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 the Ordinance.
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Section 10. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
• herewith are hereby repealed to the extent of such conflict.
Section 11. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 22nd DAY OF OCTOBER 2009.
PLACED ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF
NOVEMBER 2009.
(VillageSeaY~
ATTEST:
_-
~~_
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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