This division sets forth procedures and standards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for architectural/site plan review. The purpose of these provisions is to promote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social, and economic compatibility with neighboring developments and conditions, as well as with the community at large and to prevent detrimental impacts to the natural environment on and off the site by providing for review and evaluation of site and building plans for all developments of the types listed in this division and elsewhere in this chapter. Although certain minimum standards are prescribed by specific provisions of this article and other sections of this Code, architectural/site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose specified for each zoning district while insuring privacy and safety on all levels.

(Ord. No. 95-1, § 2, 1-30-95)

For purposes of administering the requirements of this article, development projects are classified as follows:

(1)

Projects requiring level 1 architectural/site plan review.

a.

Minor accessory structures, with the exception of any detached, habitable structures;

b.

Expansions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to exceed 300 square feet;

c.

Demolitions of existing primary or accessory structures of up to ten percent of the existing total floor area on the property but not to exceed 300 square feet;

d.

Changes in exterior wall, roofing, window, door, mailboxes, awning, or column material, which are significantly different in color, texture, or appearance than the existing materials.

e.

Changes in exterior wall, roofing, window or door colors which do not require a building permit;

f.

Increases or decreases in impervious surface areas or changes in impervious surface materials;

g.

Walls, fences and driveway gates not within the North Ocean Boulevard Overlay District.

h.

Removal of up to two trees over eight inches in caliper, provided that reasonable replacement tree(s) are proposed. This section shall not be applicable to clubs located within the town which maintain golf courses which require removal and replacement of trees as a matter of maintenance and improvement of the golf course. This exemption shall not apply, however, in the event of the removal and replacement of trees located within a perimeter of 100 feet of any boundary of the golf course.

(2)

Projects requiring level 2 architectural/site plan review.

a.

Detached, habitable, minor accessory structures;

b.

Expansions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the property, but not larger than 50 percent;

c.

Demolitions of existing primary or accessory structures of greater than 300 square feet or ten percent of the existing total floor area on the property but not more than 50 percent;

d.

Removal of more than two trees of over eight inches in caliper, or removal of any trees where replacement trees are not proposed. This provision shall not be applicable to clubs located within the town which maintain golf courses which require removal and replacement of trees as a matter of maintenance and improvement of the golf course. This exemption shall not apply, however, in the event of the removal and replacement of trees located within a perimeter of 100 feet of any boundary of the golf course. Notwithstanding the foregoing, removal or alteration of more than 50 percent of vegetation on a site requires level III approval.

e.

New entrance gates along A1A, major landscaping additions or removal, applications that seek to use or increase the use of artificial turf, and all projects within the 50-foot North Ocean Boulevard Overlay district;

f.

Changes in exterior wall, roofing, window, door, mailboxes, awning, or column material, which are significantly different in color, texture, or appearance than the existing materials;

g.

Development proposals which otherwise would require a level 1 architectural/site plan review but which, in the opinion of the planning and building administrator, warrant a level 2 architectural/site plan review due to the development's potential impacts.

(3)

Projects requiring level 3 architectural/site plan review.

a.

New primary structures;

b.

Expansions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property;

c.

Demolitions of existing primary or accessory structures of greater than 50 percent of the existing total floor area on the property;

d.

Development proposals which require a variance;

e.

Development proposals which require a special exception;

f.

Development proposals which are the subject of a development agreement;

g.

Development proposals which require a subdivision;

h.

Development proposals which require an amendment to the official zoning map;

i.

Development proposals which require an amendment to the future land use map of the comprehensive plan;

j.

Development proposals which are deemed developments of regional impact pursuant to F.S. § 380.06 or which are subject to review for extra-jurisdictional impacts under the provisions of the intergovernmental coordination element of the adopted comprehensive plan;

k.

Clearing of more than 50 percent of a site's existing vegetation;

l.

Development proposals which otherwise require a level 2 architectural/site plan review but which in the opinion of the architectural review and planning board warrant a level 3 architectural/site plan review due to the project's potential impacts.

(Ord. No. 95-1, § 2, 1-30-95; Ord. No. 00-1, §§ 10—13, 3-10-00; Ord. No. 10-1, § 2, 9-10-10; Ord. No. 18-4, § 1, 9-14-18; Ord. No. 22-1, § 1, 3-11-22; Ord. No. 23-2, § 2, 8-11-23)

(a)

Level 1 architectural/site plan review. The planning and building administrator shall act as the final review authority on all applications for level 1 architectural/site plan reviews pursuant to the provisions of the section.

(b)

Level 2 architectural/site plan review. The architectural review and planning board shall act as the final review authority on all applications for level 2 architectural/ site plan reviews pursuant to the provisions of the section after receipt of a recommendation from the planning and building administrator.

(c)

Level 3 architectural/site plan review. The board of adjustment shall act as the final review authority on all applications for level 3 architectural/site plan reviews pursuant to the provisions of the section after receipt of recommendations from the planning and building administrator and the architectural review and planning board.

(Ord. No. 95-1, § 2, 1-30-95)

(a)

Level 1 architectural/site plan review. The planning and building administrator shall hear, review and consider each application for a level 1 architectural/site plan review and take one of the following actions:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the planning and building administrator deems proper and consistent with the applicable standards for architectural/site plan review approval.

(5)

Establish such conditions as the planning and building administrator deems necessary to ensure conformance with the applicable architectural/site plan review standards.

(6)

Return the application to the applicant with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with the applicable architectural/site plan review standards.

(b)

Level 2 and level 3 architectural/site plan review.

(1)

The applicable review authority shall hear, review and consider each application for a level 2 or level 3 architectural/site plan review and shall recommend or take one of the following actions:

a.

Grant the application in full.

b.

Deny the application in full.

c.

Grant the application in part.

d.

Grant a modification of the application in such form as the review authority deems proper and consistent with the applicable standards for architectural/site plan review approval.

e.

Establish such conditions as the review authority deems necessary to ensure conformance with the applicable architectural/site plan review standards.

f.

Return the application to a recommending review authority or applicant with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with the applicable architectural/site plan review standards.

g.

Continue the consideration of the application to a time certain.

(2)

The final review authority shall take final action on an application within 60 days of the close of its public hearing on the application.

(Ord. No. 95-1, § 2, 1-30-95)

(a)

Level 1 architectural/site plan review. The planning and building administrator shall employ the following standards when reviewing an application for a level 1 architectural/site plan review. The proposed project and plans shall comply with:

(1)

The building standards contained in chapter 42 of this Code;

(2)

The concurrency management system standards contained in chapter 44 of this Code;

(3)

The flood prevention and protection standards contained in chapter 48 of this Code;

(4)

The marine facilities, structures and places standards contained in chapter 52 of this Code;

(5)

The planning and development standards contained in chapter 58 of this Code;

(6)

The subdivision standards contained in chapter 62 of this Code;

(7)

The zoning standards contained in chapter 66 of this Code, including the Gulf Stream Design Manual;

(8)

The goals, objectives, polices and future land use map contained in the adopted comprehensive plan.

(b)

Level 2 and level 3 architectural/site plan review. The applicable recommending and final review authorities shall employ the following standards when reviewing an application for a level 2 or level 3 architectural/site plan review:

(1)

The proposed project and plans shall comply with the building standards contained in chapter 42 of this Code.

(2)

The proposed project and plans shall comply with the concurrency management system standards contained in chapter 44 of this Code.

(3)

The proposed project and plans shall comply with the flood prevention and protection standards contained in chapter 48 of this Code.

(4)

The proposed project and plans shall comply with the marine facilities, structures and places standards contained in chapter 52 of this Code.

(5)

The proposed project and plans shall comply with the planning and development standards contained in chapter 58 of this Code.

(6)

The proposed project and plans shall comply with the subdivision standards contained in chapter 62 of this Code.

(7)

The proposed project and plans shall comply with the zoning standards contained in chapter 66 of this Code, including the Gulf Stream Design Manual.

(8)

The proposed project and plans shall comply with the goals, objectives, polices and future land use map contained in the adopted comprehensive plan.

(9)

The arrangement and use of structures, mechanical equipment, patios, driveways, walkways, on-site utilities, walls, fences, landscaping and other site plan elements and improvement shall meet the following standards:

a.

Harmonious and efficient organization. All elements of a plan shall be organized harmoniously and efficiently in relation to topography, the size and type of the property affected, the character of adjoining property, and the type and size of buildings. The site shall be developed in a manner that will not impede the normal and orderly development or improvement of surrounding property for uses permitted in this Code.

b.

Preservation of natural conditions. The landscape shall be preserved in its natural state, to the degree practical, by minimizing tree and soil removal and by other appropriate site planning techniques. Terrain and vegetation shall not be disturbed in a manner likely to increase significantly either wind or water erosion within or adjacent to a development site.

c.

Screening and buffering. Fences, walls, or vegetative screening shall be provided where needed to protect residents and users from undesirable views, lighting, noise or other adverse off-site effects and to protect residents and users of off-site development from on-site adverse effects.

d.

Exterior lighting. Exterior lighting shall not interfere with the quiet enjoyment of adjacent properties or the safety of public rights-of-way.

e.

Access to public ways. All development sites shall have safe and convenient access to public rights-of-way and/or other areas dedicated to common use. The location, size, and numbers of access drives to a site will be arranged to minimize any negative impacts on public and private ways and on adjacent private property. Traffic improvements shall be provided where they will significantly improve safety for vehicles and pedestrians.

f.

Emergency access. Structures and other site features shall be arranged to permit access by emergency vehicles to all buildings.

(10)

The character, design, architectural style, form, mass, scale, and the location and use of exterior architectural elements, exterior materials, and exterior colors of proposed structures and improvements shall meet the following standards:

a.

Consistency of design and materials. Proposed structures and improvements shall utilize architectural forms, elements and materials which are typically associated and consistent with the proposed architectural style.

b.

Consistency with other on-site structures. Proposed structures and improvements shall be designed and utilize architectural forms, elements and materials in a manner consistent with existing or proposed on-site structures.

c.

Consistency with surrounding off-site structures. Proposed structures and improvements shall be designed and utilize architectural forms, elements and materials in a manner consistent with, but not identical to, existing or proposed off-site structures in the surrounding area.

d.

Consistency with Gulf Stream Design Manual. Proposed structures and improvements in single-family zoning districts shall be designed and utilize architectural forms, elements and materials in a manner consistent with the standards contained in the Gulf Stream Design Manual.

e.

Consistency with good design. Proposed structures and improvements shall be in conformity with good taste, good design, and in general contribute to the image of the Town as a place of beauty, spaciousness, balance, taste, fitness, charm and high quality.

f.

Excessive similarity. Proposed structures shall not be excessively similar to any other structure existing or for which a permit has been issued within 250 feet in respect to one or more of the following features of exterior design and appearance:

1.

Apparently visible identical front or side elevations;

2.

Substantially identical size and arrangement of either doors, widows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement; or

3.

Other significant identical features of design such as, but not limited to, materials, roof line and height or other design elements.

g.

Excessive dissimilarity. Proposed structures shall not be excessively dissimilar to any other structure existing or for which a permit has been issued within 250 feet in respect to one or more of the following features of exterior design and appearance:

1.

Height of building or height of roof;

2.

Other significant design features including, but not limited to, materials or quality of architectural design;

3.

Architectural compatibility;

4.

Arrangement of the components of the structure;

5.

Appearance of mass from the street or from any perspective visible to the public or adjoining property owners;

6.

Diversity of design that is complimentary with size and massing of adjacent properties;

7.

Design features that will avoid the appearance of mass through improper proportions; or

8.

Design elements that protect the privacy of neighboring property.

(11)

The following shall be considered when reviewing proposed demolition plans:

a.

Date of demolition;

b.

Proposed date of new construction;

c.

The future use of new construction and its consistency with the criteria set forth herein;

d.

The landmark status, if any, of the structure proposed for demolition;

e.

The conditions of the demolition relating to maintenance and landscaping of the site during and after demolition.

(12)

Proposed site, structural and improvement plans shall not adversely affect the health, safety or welfare of on-site or off-site occupants and shall provide the following protection:

a.

Protection of residential privacy. The proposed plan shall provide reasonable visual and auditory privacy for all dwelling units located within and adjacent to the site. Fences, walls, barriers and vegetation shall be arranged to protect and enhance the property and to enhance the privacy of on-site and neighboring occupants.

b.

Protection of property values. All elements of the proposed plan shall be designed and arranged to have a minimal negative impact on the property values of adjoining property.

c.

Protection of use and enjoyment. All elements of the proposed plan shall be designed and arranged to have a minimal negative impact on the use and enjoyment of adjoining properties.

(95-1, § 2, 1-30-95; Ord. No. 97-2, § 1, 7-18-97; Ord. No. 04-1, § 1, 7-16-04; Ord. No. 22-2, § 1, 3-11-22)

(a)

Level 1 architectural/site plan review. The planning and building administrator shall receive, review and process applications for level 1 architectural/site plan review in accordance with the following:

(1)

Optional simultaneous processing with building permit application. At the option of the applicant, applications for level 1 architectural/site plan review may be processed as a part of and simultaneously with applications for building permits.

(2)

Optional pre-application conference. At the option of the applicant, a pre-application conference can be arranged with staff members of the planning and building department to review the proposed project, applicable codes and regulations, and application procedures.

(3)

Dates. Applications for level 1 architectural/site plan review may be submitted at any time during the regular business hours of the planning and building department.

(4)

Fees. The town commission shall establish fees for level 1 architectural/site plan review.

(5)

Contents. Application content requirements shall, at a minimum, be the same as those required to obtain a building permit. However, additional drawings, documents and information may be required where necessary for the planning and building administrator to determine compliance with the applicable architectural/site plan review standards.

(6)

Application sufficiency. The planning and building administrator shall have three working days to determine if an application is sufficient and includes data necessary to evaluate the application. If the application is deemed insufficient, the planning and building administrator shall notify the applicant of the needed information and materials.

(7)

Withdrawal of application. Applications for level 1 architectural/site plan review may be withdrawn at any time without prejudice.

(8)

Action by the planning and building administrator. The planning and building administrator shall have five working days from the date the application is deemed sufficient to take action pursuant to section 66-143 of this division.

(9)

Notice of action. The planning and building administrator shall notify the applicant of the final action taken on the application within one working day of taking the action. Such notification may be in writing or given orally.

(10)

Effective period of approved applications. Approved applications for level 1 architectural/site plan review shall be effective for a period of 60 days from the date of approval during which time a complete application for a building permit shall be submitted. Failure to make application for a building permit within the prescribed time period or to obtain approval of a building permit application submitted within the prescribed time period shall result in the automatic expiration of the level 1 architectural/site plan review approval.

(11)

Resubmittal of application. Applications that are withdrawn, denied, or expired may be resubmitted at any time, provided that all such applications shall be reviewed for compliance with all regulations prevailing at the time the application is resubmitted.

(12)

Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the planning and building administrator on an application for a level 1 architectural/site plan review may appeal the decision to the board of adjustment pursuant to the requirements of division 5 of article V of this chapter, provided such appeal is submitted within 30 calendar days of the date of final action on the application by the planning and building administrator.

(b)

Level 2 architectural/site plan review. The planning and building administrator shall receive, review and process applications for level 2 architectural/site plan review in accordance with the following:

(1)

Mandatory simultaneous processing with related development permit applications. In those instances where a project requires approval of a level 2 architectural/site plan review in addition to approval of other development permits, the application for level 2 architectural/site plan review shall be processed simultaneously with the applications for the other required development permits. In the event the application procedures and requirements of this section conflict with those required for other development permits processed simultaneously, the more stringent provisions shall prevail.

(2)

Mandatory pre-application conference. At least 15 days prior to submitting an application, the applicant shall arrange for and attend a pre-application conference with staff members of the planning and building department to review the proposed project, applicable codes and regulations, and application procedures.

(3)

Deadlines. The architectural review and planning board shall approve a schedule of application deadlines provided, however, that applications shall be submitted at least 15 days prior to the architectural review and planning board hearing, but not more than 60 days prior to the hearing. In accordance with section 66-74 of this Code, the architectural review and planning board shall not meet in the month of August. Accordingly, any time period specified herein that would require the architectural review and planning board to meet or take action in the month of August is hereby extended by 30 days.

(4)

Fees. The town commission shall establish fees for level 2 architectural/site plan review.

(5)

Contents. Application forms and a list or requirements shall be prepared by the planning and building administrator and approved by the architectural review and planning board provided, however, that any such forms and lists in use as of the date of adoption of this article shall be approved for use until such time as they are changed pursuant to this section.

(6)

Application sufficiency. The planning and building administrator shall have ten working days to determine if an application is sufficient and includes data necessary to evaluate the application. If the application is deemed insufficient, the planning and building administrator shall notify the applicant of the needed information and materials.

(7)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the final action on the application by the architectural review and planning board. Requests for withdrawal received by the planning and building administrator five working days prior to the hearing shall automatically be granted without prejudice. Applicants shall not be entitled to a refund of any fees. Thereafter, the architectural review and planning board may accept the withdrawal without prejudice or with prejudice. With prejudice bars the filing of a successive application which is not materially different for one calendar year.

(8)

Written report by the planning and building administrator. The planning and building administrator shall provide a written recommendation to the architectural review and planning board and the findings upon which the recommendation is based, prior to the hearing at which the application is to be considered. Failure of the planning and building administrator to provide such a recommendation shall result in a recommendation of approval without conditions.

(9)

Public hearing. The architectural review and planning board shall hold at least one public hearing on a weekday, on an application for a level 2 architectural/site plan review.

(10)

Notice. Notice of the public hearing shall be given pursuant to the following:

a.

Content. A written (text only) notice shall be prepared for each application which shall include, in no particular order, the following:

1.

A general description of the proposed project;

2.

The street address of the proposed project;

3.

The owner of record of the project site;

4.

The agent of record, if different from owner;

5.

The type(s) of approval required to permit the project;

6.

The date, time and place the proposed project will be considered, the actions to be taken and the review authorities taking the actions;

7.

The date, time and place that interested persons may appear and be heard concerning the proposed project;

8.

The times and place where complete project plans may be inspected;

9.

A disclaimer advising that should any interested party seek to appeal the decision of one or more review authorities with respect to a proposed project, that such party may need to insure that a verbatim record of the proceedings is made.

b.

Combined notice. Notices for additional applications for development permits which are processed simultaneously with the application for level 2 architectural/site plan review may be combined into a single notice.

c.

Preparation. The town clerk shall prepare, sign, date, mail, and post the required notice in accordance with this section.

d.

Mailing and posting. Required notice shall be mailed via first class mail to all recipients defined herein at least ten days previous to the date of the first hearing at which the proposed project is to be considered. Notice also shall be posted in a conspicuous location at the town hall.

e.

Recipients. All private property owners of record within 600 feet of a proposed project site shall be sent notice as prescribed in this policy. In the event that a condominium or cooperative association development, as defined by laws of the state, exists within 600 feet of a proposed project site, notification to the association board shall be permissible in lieu of notifying individual members of the association. Property owners of record shall be those recorded in the latest official tax rolls in the county courthouse or the latest tax roll available at the town hall. Properties outside the town limits shall not require notification.

(11)

Action by the architectural review and planning board. The architectural review planning board shall have 60 days from the close of its public hearing on the application to take action pursuant to section 66-143 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(12)

Notice of action. The town clerk shall notify the applicant in writing of the final action taken on the application within ten working days of the final action.

(13)

Effective period of approved applications. Approved applications for level 2 architectural/site plan review shall be effective for a period of one calendar year from the date of approval during which time a complete application for a building permit shall be submitted. Failure to make application for a building permit within the prescribed time period or to obtain approval of a building permit application submitted within the prescribed time period shall result in the automatic expiration of the level 2 architectural/site plan review approval.

(14)

Extension. An extension of the effective period of an approved application of up to one additional calendar year may be granted by the architectural review and planning board provided the applicant can show sufficient cause as to why a building permit application cannot be submitted or approved in a timely manner and a finding that development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

(15)

Resubmittal of application. Applications that are withdrawn with prejudice or denied may not be resubmitted for a period of one calendar year from the date of withdrawal or denial.

(16)

Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the architectural review and planning board on an application for a level 2 architectural/site plan review may appeal the decision to the board of adjustment pursuant to the requirements of division 5 of article V of this chapter, provided such appeal is submitted within 30 calendar days of the date of final action on the application by the architectural review and planning board.

(c)

Level 3 architectural/site plan review. The planning and building administrator shall receive, review and process applications for level 3 architectural/site plan review in accordance with the following:

(1)

Mandatory simultaneous processing with related development permit applications. In those instances where a project requires approval of a level 3 architectural/site plan review in addition to approval of other development permits, the application for level 3 architectural/site plan review shall be processed simultaneously with the applications for the other required development permits. In the event the application procedures and requirements of this section conflict with those required for other development permits processed simultaneously, the more stringent provisions shall prevail.

(2)

Mandatory pre-application conference. At least 15 days prior to submitting an application, the applicant shall arrange for and attend a pre-application conference with staff members of the planning and building department to review the proposed project, applicable codes and regulations, and application procedures.

(3)

Deadlines. The town commission shall approve a schedule of application deadlines provided, however, that applications shall be submitted at least 15 days prior to the architectural review and planning board hearing, but not more than 60 days prior to the architectural review and planning board hearing. In accordance with section 66-74 of this Code, the architectural review and planning board shall not meet in the month of August. Accordingly, any time period specified herein that would require the architectural review and planning board to meet or take action in the month of August is hereby extended by 30 days.

(4)

Fees. The town commission shall establish fees for level 3 architectural/site plan review.

(5)

Contents. Application forms and a list of requirements shall be prepared by the planning and building administrator and approved by the architectural review and planning board provided, however, that any such forms and lists in use as of the date of adoption of the ordinance from which this article derives shall be approved for use until such time as they are changed pursuant to this section.

(6)

Application sufficiency. The planning and building administrator shall have ten working days to determine if an application is sufficient and includes data necessary to evaluate the application. If the application is deemed insufficient, the planning and building administrator shall notify the applicant of the needed information and materials.

(7)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the final action on the application by the board of adjustment. Requests for withdrawal received by the planning and building administrator five working days prior to the architectural review and planning board hearing shall automatically be granted without prejudice. Applicants shall not be entitled to a refund of any fees. Thereafter, the architectural review and planning board or board of adjustment may accept the withdrawal without prejudice or with prejudice. With prejudice bars the filing of a successive application which is not materially different for one calendar year.

(8)

Written report by the planning and building administrator. The planning and building administrator shall provide a written recommendation to the architectural review and planning board and the findings upon which the recommendation is based, prior to the architectural review and planning board hearing at which the application is to be considered. Failure of the planning and building administrator to provide such a recommendation shall result in a recommendation of approval without conditions.

(9)

Public hearings. The architectural review and planning board and board of adjustment shall each hold at least one public hearing on a weekday, on an application for a level 3 architectural/site plan review.

(10)

Notice. Notice of the public hearings shall be given pursuant to the following:

a.

Content. A written (text only) notice shall be prepared for each application which shall include, in no particular order, the following:

1.

A general description of the proposed project;

2.

The street address of the proposed project;

3.

The owner of record of the project site;

4.

The agent of record, if different from owner;

5.

The type(s) of approval required to permit the project;

6.

The date, time and place the proposed project will be considered, the actions to be taken and the review authorities taking the actions;

7.

The date, time and place that interested persons may appear and be heard concerning the proposed project;

8.

The times and place where complete project plans may be inspected;

9.

A disclaimer advising that should any interested party seek to appeal the decision of one or more review authority with respect to a proposed project, that such party may need to insure that a verbatim record of the proceedings is made.

b.

Combined notice. Notices for additional applications for development permits which are processed simultaneously with the application for level 3 architectural/site plan review may be combined into a single notice.

c.

Preparation. The town clerk shall prepare, sign, date, mail, and post the required notice in accordance with this section.

d.

Mailing and posting. Required notice shall be mailed via first class mail to all recipients defined herein at least ten days previous to the date of the architectural review and planning board hearing at which the proposed project is to be considered. Notice also shall be posted in a conspicuous location at the town hall.

e.

Recipients. All private property owners of record within 600 feet of a proposed project site shall be sent notice as prescribed in this policy. In the event that a condominium or cooperative association development, as defined by laws of the state, exists within 600 feet of a proposed project site, notification to the association board shall be permissible in lieu of notifying individual members of the association. Property owners of record shall be those recorded in the latest official tax rolls in the county courthouse or the latest tax roll available at the town hall. Properties outside the town limits shall not require notification.

(11)

Action by the architectural review and planning board. The architectural review planning board shall have 60 days from the close of its public hearing on the application to take make a recommendation to the board of adjustment pursuant to section 66-143 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(12)

Action by the board of adjustment. The board of adjustment shall have 60 days from the close of its public hearing on the application to take action pursuant to section 66-143 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(13)

Notice of action. The town clerk shall notify the applicant in writing of the final action taken on the application within ten working days of the final action.

(14)

Effective period of approved applications. Approved applications for level 3 architectural/site plan review shall be effective for a period of one calendar year from the date of approval during which time a complete application for a building permit shall be submitted. Failure to make application for a building permit within the prescribed time period or to obtain approval of a building permit application submitted within the prescribed time period shall result in the automatic expiration of the level 3 architectural/site plan review approval.

(15)

Extension. An extension of the effective period of an approved application of up to one additional calendar year may be granted by the board of adjustment provided the applicant can show sufficient cause as to why a building permit application cannot be submitted or approved in a timely manner and a finding that development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

(16)

Resubmittal. Applications that are withdrawn with prejudice or denied may not be resubmitted for a period of one calendar year from the date of the withdrawal or denial.

(17)

Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the board of adjustment on an application for a level 3 architectural/site plan review may apply for judicial relief by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, within 30 calendar days of the date of the final action.

(Ord. No. 95-1, § 2, 1-30-95; Ord. No. 23-1, § 1, 6-9-23)

A violation of any condition of approval granted pursuant to this division shall be considered a violation of this Code and shall be rectified prior to any public hearing or meeting on the issuance of any subsequent development order or permit. Unless otherwise specified in the final approval, an approved use must comply with all conditions prior to implementing the approval.

(Ord. No. 95-1, § 2, 1-30-95)

If there is evidence that an application for an architectural/site plan review was considered wherein there was misrepresentation, fraud, deceit, or a deliberate error of omission, the town shall initiate a rehearing to reconsider the application. The town shall re-approve, approve with new conditions, or deny the application at the rehearing based on the standards in this division. If evidence of misrepresentation or neglect is discovered during the application review and approval process, the application shall be decertified and remanded to sufficiency review.

(Ord. No. 95-1, § 2, 1-30-95)

Applications for revisions to plans approved pursuant to this article shall be processed and reviewed in accordance with the magnitude of the revision. The revision application shall be processed and reviewed in the same manner as if the revision were a separate project except in those instances where the revision materially alters the approved plans or is inconsistent with a specific condition of approval. In these instances, the revision application shall be processed and reviewed in the same manner as was used to process and review the original application.

(Ord. No. 95-1, § 2, 1-30-95)

This division sets forth procedures and standards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for variances. Variances are deviations from the terms of this Code that would not be contrary to the public interest when owing to special circumstances or conditions, or when the literal enforcement of the provisions of this Code would result in undue and unnecessary hardship.

(Ord. No. 95-1, § 2, 1-30-95)

Pursuant to the provisions of this division, variances may be granted to any land development regulation contained in this Code provided that the regulation pertains only to the location or physical attributes of a structure or improvement. In no case shall a variance be granted which is counter to any stated purpose or intent of this Code or which would permit something that is expressly prohibited.

(Ord. No. 95-1, § 2, 1-30-95)

The board of adjustment shall act as the final review authority on all applications for variances pursuant to the provisions of the section after receipt of recommendations from the planning and building administrator and the architectural review and planning board.

(Ord. No. 95-1, § 2, 1-30-95)

(a)

The review authorities shall hear, review and consider each application for a variance and recommend or take one of the following actions:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the review authority deems proper and consistent with the variance standards.

(5)

Establish such conditions as the review authority deems necessary to ensure conformance with the variance standards.

(6)

Return the application to a recommending review authority or applicant with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with the variance standards.

(7)

Continue the consideration of the application to a time certain.

(b)

The board of adjustment shall take final action on an application within 60 days of the close of its public hearing on the application.

(Ord. No. 95-1, § 2, 1-30-95)

When recommending or taking final action on applications for variances, the review authority must find that:

(1)

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)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, buildings, or structures in the same zoning district.

(4)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Code and would work unnecessary and undue hardship on the applicant.

(5)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

Granting the variance would not permit to be established or re-established any use prohibited in that zoning district.

(7)

Granting the variance is consistent with the goals, objectives and policies and future land use map of the adopted comprehensive plan.

(8)

Granting the variance will be in harmony with the general intent and purpose of this Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Ord. No. 95-1, § 2, 1-30-95)

The planning and building administrator shall receive, review and process applications for variances in accordance with the following:

(1)

Mandatory simultaneous processing with related development permit applications. In those instances where a project requires approval of a variance in addition to approval of other development permits, the application for a variance shall be processed simultaneously with the applications for the other required development permits. In the event the application procedures and requirements of this section conflict with those required for other development permits processed simultaneously, the more stringent provisions shall prevail.

(2)

Mandatory pre-application conference. At least 15 days prior to submitting an application, the applicant shall arrange for and attend a pre-application conference with staff members of the planning and building department to review the proposed project, applicable codes and regulations, and application procedures.

(3)

Deadlines. The town commission shall approve a schedule of application deadlines provided, however, that applications shall be submitted at least 30 days prior to the architectural review and planning board hearing, but not more than 60 days prior to the hearing. In accordance with section 66-74 of this Code, the architectural review and planning board shall not meet in the month of August. Accordingly, any time period specified herein that would require the architectural review and planning board to meet or take action in the month of August is hereby extended by 30 days.

(4)

Fees. The town commission shall establish fees for variances.

(5)

Contents. Application forms and a list or requirements shall be prepared by the planning and building administrator and approved by the town commission provided, however, that any such forms and lists in use as of the date of adoption of the ordinance from which this article derives shall be approved for use until such time as they are changed pursuant to this section.

(6)

Application sufficiency. The planning and building administrator shall have ten working days to determine if an application is sufficient and includes data necessary to evaluate the application. If the application is deemed insufficient, the planning and building administrator shall notify the applicant of the needed information and materials.

(7)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the final action on the application by the board of adjustment. Requests for withdrawal received by the planning and building administrator five working days prior to the architectural review and planning board hearing shall automatically be granted without prejudice. Applicants shall not be entitled to a refund of any fees. Thereafter, the architectural review and planning board or board of adjustment may accept the withdrawal without prejudice or with prejudice. With prejudice bars the filing of a successive application which is not materially different for one calendar year.

(8)

Written report by the planning and building administrator. The planning and building administrator shall provide a written recommendation to the architectural review and planning board and the findings upon which the recommendation is based, prior to the architectural review and planning board hearing at which the application is to be considered. Failure of the planning and building administrator to provide such a recommendation shall result in a recommendation of approval without conditions.

(9)

Public hearings. The architectural review and planning board and board of adjustment shall each hold at least one public hearing on a weekday, on an application for a variance.

(10)

Notice. Notice of the public hearings shall be given pursuant to the following:

a.

Content. A written (text only) notice shall be prepared for each application which shall include, in no particular order, the following:

1.

A general description of the proposed project;

2.

The street address of the proposed project;

3.

The owner of record of the project site;

4.

The agent of record, if different from owner;

5.

The type(s) of approval required to permit the project;

6.

The date, time and place the proposed project will be considered, the actions to be taken and the review authorities taking the actions;

7.

The date, time and place that interested persons may appear and be heard concerning the proposed project;

8.

The times and place where complete project plans may be inspected;

9.

A disclaimer advising that should any interested party seek to appeal the decision of one or more review authorities with respect to a proposed project, that such party may need to insure that a verbatim record of the proceedings is made.

b.

Combined notice. Notices for additional applications for development permits which are processed simultaneously with the application for a variance may be combined into a single notice.

c.

Preparation. The town clerk shall prepare, sign, date, mail, and post the required notice in accordance with this section.

d.

Posting. Notice shall be posted in a conspicuous location at the Town Hall at least ten days prior to the architectural review and planning board hearing at which the application is to be considered.

e.

Publication. Notice shall be published in a newspaper of general circulation within the community in accordance with the following:

1.

At least ten days prior to the architectural review and planning board hearing at which the application is to be considered;

2.

Not less than 14 days and then again at least five days prior to the board of adjustment hearing at which the application will be considered.

f.

Mailing. All property owners of record within 600 feet of the proposed project site shall be sent notice. Property owners of record shall be those recorded in the latest official tax rolls in the county courthouse. Properties outside of the town limits shall not require notification.

(11)

Action by the architectural review and planning board. The architectural review planning board shall have 60 days from the close of its public hearing on the application to take make a recommendation to the board of adjustment pursuant to section 66-154 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(12)

Action by the board of adjustment. The board of adjustment shall have 60 days from the close of its public hearing on the application to take action pursuant to section 66-154 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(13)

Notice of action. The town clerk shall notify the applicant in writing of the final action taken on the application within ten working days of the final action.

(14)

Effective period of approved applications. Approved applications for a variance shall be effective for a period of one calendar year from the date of approval during which time a complete application for a building permit shall be submitted. Failure to make application for a building permit within the prescribed time period or to obtain approval of a building permit application submitted within the prescribed time period shall result in the automatic expiration of the variance approval.

(15)

Extension. An extension of the effective period of an approved application of up to one additional calendar year may be granted by the board of adjustment provided the applicant can show sufficient cause as to why a building permit application cannot be submitted or approved in a timely manner and a finding that development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

(16)

Resubmittal. Applications that are withdrawn with prejudice or denied may not be resubmitted for a period of one calendar year from the date of withdrawal or denial.

(17)

Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the board of adjustment on an application for a variance may apply for judicial relief by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, within 30 calendar days of the date of the final action.

(Ord. No. 95-1, § 2, 1-30-95; Ord. No. 23-1, § 2, 6-9-23)

A violation of any condition of approval granted pursuant to this division shall be considered a violation of this Code and shall be rectified prior to any public hearing or meeting on the issuance of any subsequent development order or permit. Unless otherwise specified in the final approval, an approved use must comply with all conditions prior to implementing the approval.

(Ord. No. 95-1, § 2, 1-30-95)

If there is evidence that an application for a variance was considered wherein there was misrepresentation, fraud, deceit, or a deliberate error of omission, the town shall initiate a rehearing to reconsider the application. The town shall re-approve, approve with new conditions, or deny the application at the rehearing based on the standards in this division. If evidence of misrepresentation or neglect is discovered during the application review and approval process, the application shall be decertified and remanded to sufficiency review.

(Ord. No. 95-1, § 2, 1-30-95)

This division sets forth procedures and standards for the appropriate review authorities to review and approve, approve with conditions, or deny applications for special exceptions. Special exceptions are those uses or structures that generally are compatible with other uses or structures permitted in a district, but that require individual review of their location, design, configuration and intensity and density of use, structures, and may require the imposition of conditions pertinent thereto in order to ensure the appropriateness and compatibility of the use or structure at a particular location.

(Ord. No. 95-1, § 2, 1-30-95)

Pursuant to the provisions of this division, special exceptions may be granted where specifically referenced in the district standards contained in article VI of this chapter.

(Ord. No. 95-1, § 2, 1-30-95)

The board of adjustment shall act as the final review authority on all applications for special exceptions pursuant to the provisions of the section after receipt of recommendations from the planning and building administrator and the architectural review and planning board.

(Ord. No. 95-1, § 2, 1-30-95)

(a)

The review authorities shall hear, review and consider each application for a special exception and recommend or take one of the following actions:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the review authority deems proper and consistent with the applicable special exception standards.

(5)

Establish such conditions as the review authority deems necessary to ensure conformance with the applicable special exception standards.

(6)

Return the application to a recommending review authority or applicant with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with the applicable special exception standards.

(7)

Continue the consideration of the application to a time certain.

(b)

The board of adjustment shall take final action on an application within 60 days of the close of its public hearing on the application.

(Ord. No. 95-1, § 2, 1-30-95)

When recommending or taking final action on applications for special exceptions, the review authority must find that:

(1)

The proposed use or structure is a permitted special exception use or structure within that zoning district.

(2)

The proposed use or structure is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be protected.

(3)

The proposed use or structure will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

(4)

The proposed use or structure will be compatible with adjoining development and the character of the district where it is to be located.

(5)

Adequate landscaping and screening is provided as required herein.

(6)

Adequate off-street parking and loading space is provided and ingress and egress is so designed as to cause minimal interference with traffic on abutting streets.

(7)

The use or structure conforms with all applicable special exception specific standards for review as contained in article VI of this chapter.

(8)

The use or structure conforms with all applicable regulations governing the district wherein it is located and that approval of a variance is not required.

(9)

The use or structure is consistent with the goals, objectives and policies and future land use map of the adopted comprehensive plan.

(Ord. No. 95-1, § 2, 1-30-95)

The planning and building administrator shall receive, review and process applications for special exceptions in accordance with the following:

(1)

Mandatory simultaneous processing with related development permit applications. In those instances where a project requires approval of a special exception in addition to approval of other development permits, the application for a special exception shall be processed simultaneously with the applications for the other required development permits. In the event the application procedures and requirements of this section conflict with those required for other development permits processed simultaneously, the more stringent provisions shall prevail.

(2)

Mandatory pre-application conference. At least 15 days prior to submitting an application, the applicant shall arrange for and attend a pre-application conference with staff members of the planning and building department to review the proposed project, applicable codes and regulations, and application procedures.

(3)

Deadlines. The town commission shall approve a schedule of application deadlines provided, however, that applications shall be submitted at least 30 days prior to the architectural review and planning board hearing, but not more than 60 days prior to the hearing. In accordance with section 66-74 of this Code, the architectural review and planning board shall not meet in the month of August. Accordingly, any time period specified herein that would require the architectural review and planning board to meet or take action in the month of August is hereby extended by 30 days.

(4)

Fees. The town commission shall establish fees for special exceptions.

(5)

Contents. Application forms and a list or requirements shall be prepared by the planning and building administrator and approved by the town commission provided, however, that any such forms and lists in use as of the date of adoption of the ordinance from which this article derives shall be approved for use until such time as they are changed pursuant to this section.

(6)

Application sufficiency. The planning and building administrator shall have ten working days to determine if an application is sufficient and includes data necessary to evaluate the application. If the application is deemed insufficient, the planning and building administrator shall notify the applicant of the needed information and materials.

(7)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the final action on the application by the board of adjustment. Requests for withdrawal received by the planning and building administrator five working days prior to the architectural review and planning board hearing shall automatically be granted without prejudice. Applicants shall not be entitled to a refund of any fees. Thereafter, the architectural review and planning board or board of adjustment may accept the withdrawal without prejudice or with prejudice. With prejudice bars the filing of a successive application which is not materially different for one calendar year.

(8)

Written report by the planning and building administrator. The planning and building administrator shall provide a written recommendation to the architectural review and planning board and the findings upon which the recommendation is based, prior to the architectural review and planning board hearing at which the application is to be considered. Failure of the planning and building administrator to provide such a recommendation shall result in a recommendation of approval without conditions.

(9)

Public hearings. The architectural review and planning board and board of adjustment shall each hold at least one public hearing on a weekday, on an application for a special exception.

(10)

Notice. Notice of the public hearings shall be given pursuant to the following:

a.

Content. A written (text only) notice shall be prepared for each application which shall include, in no particular order, the following:

1.

A general description of the proposed project;

2.

The street address of the proposed project;

3.

The owner of record of the project site;

4.

The agent of record, if different from owner;

5.

The type(s) of approval required to permit the project;

6.

The date, time and place the proposed project will be considered, the actions to be taken and the review authorities taking the actions;

7.

The date, time and place that interested persons may appear and be heard concerning the proposed project;

8.

The times and place where complete project plans may be inspected;

9.

A disclaimer advising that should any interested party seek to appeal the decision of one or more review authority with respect to a proposed project, that such party may need to insure that a verbatim record of the proceedings is made.

b.

Combined notice. Notices for additional applications for development permits which are processed simultaneously with the application for special exceptions may be combined into a single notice.

c.

Preparation. The town clerk shall prepare, sign, date, mail, and post the required notice in accordance with this section.

d.

Filing and posting. Required notice shall be mailed via first class mail to all recipients defined herein at least ten days previous to the date of the architectural review and planning board hearing at which the application is to be considered. Notice also shall be posted in a conspicuous location at the town hall.

e.

Recipients. All private property owners of record within 600 feet of a proposed project site shall be sent notice as prescribed herein. In the event that a condominium or cooperative association development, as defined by laws of the state, exists within 600 feet of a proposed project site, notification to the association board shall be permissible in lieu of notifying individual members of the association. Property owners of record shall be those recorded in the latest official tax rolls in the county courthouse or the latest tax roll available at the town hall. Properties outside the town limits shall not require notification.

(11)

Action by the architectural review and planning board. The architectural review planning board shall have 60 days from the close of its public hearing on the application to take make a recommendation to the board of adjustment pursuant to section 66-163 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(12)

Action by the board of adjustment. The board of adjustment shall have 60 days from the close of its public hearing on the application to take action pursuant to section 66-163 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(13)

Notice of action. The town clerk shall notify the applicant in writing of the final action taken on the application within ten working days of the final action.

(14)

Effective period of approved applications. Approved applications for a special exception shall be effective for a period of one calendar year from the date of approval during which time a complete application for a building permit shall be submitted. Failure to make application for a building permit within the prescribed time period or to obtain approval of a building permit application submitted within the prescribed time period shall result in the automatic expiration of the special exception approval.

(15)

Extension. An extension of the effective period of an approved application of up to one additional calendar year may be granted by the board of adjustment provided the applicant can show sufficient cause as to why a building permit application cannot be submitted or approved in a timely manner and a finding that development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

(16)

Resubmittal. Applications that are withdrawn with prejudice or denied may not be resubmitted for a period of one calendar year from the date of withdrawal or denial.

(17)

Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the board of adjustment on an application for a special exception may apply for judicial relief by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, within 30 calendar days of the date of the final action.

(Ord. No. 95-1, § 2, 1-30-95; Ord. No. 23-1, § 3, 6-9-23)

A violation of any condition of approval granted pursuant to this division shall be considered a violation of this Code and shall be rectified prior to any public hearing or meeting on the issuance of any subsequent development order or permit. Unless otherwise specified in the final approval, an approved use must comply with all conditions prior to implementing the approval.

(Ord. No. 95-1, § 2, 1-30-95)

If there is evidence that an application for a special exception was considered wherein there was misrepresentation, fraud, deceit, or a deliberate error of omission, the town shall initiate a rehearing to reconsider the application. The town shall re-approve, approve with new conditions, or deny the application at the rehearing based on the standards in this division. If evidence of misrepresentation or neglect is discovered during the application review and approval process, the application shall be decertified and remanded to sufficiency review.

(Ord. No. 95-1, § 2, 1-30-95)

This division sets forth procedures for the appeal of final actions on applications for development permits taken by the planning and building administrator or architectural review and planning board.

(Ord. No. 95-1, § 2, 1-30-95)

Any aggrieved or adversely affected person aggrieved by a final action of the planning and building administrator or the architectural review and planning board with regard to any application for development permits may appeal such action to the board of adjustment.

(Ord. No. 95-1, § 2, 1-30-95)

The board of adjustment shall act as the final review authority on all applications for appeal pursuant to the provisions of the section.

(Ord. No. 95-1, § 2, 1-30-95)

(a)

The board of adjustment shall hear, review and consider each application for an appeal and take one of the following actions:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the board of adjustment deems proper and consistent with the applicable development permit standards.

(5)

Establish such conditions as the board of adjustment deems necessary to ensure conformance with the applicable development permit standards.

(6)

Return the application to the final review authority to reconsider the original application with specific instructions to reconsider information, evidence, or testimony relative to the original finding(s) and action.

(7)

Continue the consideration of the application to a time certain.

(b)

The board of adjustment shall take final action on an application within 60 days of the close of its public hearing on the application.

(Ord. No. 95-1, § 2, 1-30-95)

In order for the appeal to be granted, the applicant shall show that the final review authority:

(1)

Acted in a manner inconsistent with the provisions of this Code or other applicable local, state or federal law;

(2)

Made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; or

(3)

Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations.

(Ord. No. 95-1, § 2, 1-30-95)

The planning and building administrator shall receive and process applications for appeals in accordance with the following:

(1)

Deadlines. Applications for appeal shall be submitted within 30 days of the date the subject final action was taken.

(2)

Fees. The town commission shall establish fees for appeals.

(3)

Contents. Application forms and a list of requirements shall be prepared by the planning and building administrator and approved by the town commission provided, however, that any such forms and lists in use as of the date of adoption of the ordinance from which this article derives shall be approved for use until such time as they are changed pursuant to this section.

(4)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to final action on the application by the board of adjustment. Requests for withdrawal received by the planning and building administrator five working days prior to the board of adjustment hearing shall automatically be granted. Applicants shall not be entitled to a refund of any fees. Thereafter, board of adjustment may accept the withdrawal.

(5)

Transmittal of record of proceedings. Prior to the board of adjustment hearing, the planning and building administrator shall transmit to the board of adjustment the entire record of proceedings from the original review process.

(6)

Public hearings. The board of adjustment shall each hold at least one public hearing on a weekday, on an application for an appeal.

(7)

Notice. Notice of the public hearings shall be given pursuant to the same notice requirements as were used to process the original application.

(8)

Action by the board of adjustment. The board of adjustment shall have 60 days from the close of its public hearing on the application to take action pursuant to section 66-172 of this division. Time periods during a continuance requested by the applicant shall be exempted from this requirement.

(9)

Notice of action. The town clerk shall notify the applicant in writing of the final action taken on the application within ten working days of the final action.

(10)

Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the board of adjustment on an application for an appeal may apply for judicial relief by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, within 30 calendar days of the date of the final action.

(Ord. No. 95-1, § 2, 1-30-95)

If there is evidence that an application for an appeal was considered wherein there was misrepresentation, fraud, deceit, or a deliberate error of omission, the town shall initiate a rehearing to reconsider the application. The town shall re-approve, approve with new conditions, or deny the application at the rehearing based on the standards in this division. If evidence of misrepresentation or neglect is discovered during the application review and approval process, the application shall be decertified and remanded to sufficiency review.

(Ord. No. 95-1, § 2, 1-30-95)