For the purpose of review of development applications within the town, development procedures are established in this article, as summarized in Table 30-1.

Table 30-1
Development Application Review ⁽¹⁾

NOTES.

• = Decision Making Authority

C = Completeness Review

A = Advisory Review

B of A = Board of Adjustment and Appeals

Blank = Not Applicable

(1) In the event of a conflict between this table and the text of the zoning code, the text of the zoning code shall prevail.

(2) Approved in same manner as original application.

(Ord. No. 684, Art. III, § 1, 7-25-00; Ord. No. 18-008, § 5, 10-2-18; Ord. No. 19-008, § 4, 11-5-19)

The provisions of this article shall apply to all applications for development approval submitted to the Town of Highland Beach, including, but not limited to, the following: future land use plan map amendment, comprehensive plan text change, special exception, rezoning, zoning code text change, site plan—multifamily and nonresidential, site plan—single-family, site plan—major modifications, site plan—minor modifications, development order change—nonadministrative, development order change—administrative, variance, and subdivision of land. For applications not included above, the town may establish a miscellaneous development review application and procedure.

(Ord. No. 684, Art. III, § 2, 7-25-00)

Requirements for applications for development order approval are described below. The building official shall determine the information required for each application and number of copies to be submitted.

(a)

Application. Application forms as provided by the building department.

(b)

Aerial photograph. An aerial photograph of the appropriate section, township and range of the town, outlining the subject property and delineating all contiguous zoning districts.

(c)

Architectural elevations of buildings. Illustrations of major architectural elevations of all sides of all buildings for style of architecture, height in stories, type of materials, unusual features, entries, windows, roof line, and other elements as may be required by the town.

(d)

Area location map. Vicinity map of the area within one-half mile surrounding the site, including the following:

(1)

Principal roadway network, including mass transit routes;

(2)

Major public facilities such as public schools, town and county parks and recreation areas, hospitals, public buildings, etc.; and

(3)

Municipal boundary lines.

(e)

Authority. A statement of the applicant's interest in the property and:

(1)

If joint and several ownership, a written consent to petition by all owners of record;

(2)

If a contract purchase, written consent of the seller or owner;

(3)

If an authorized agent, a copy of the agency agreement or written consent of the owner;

(4)

If a lessee, a copy of the lease agreement and written consent of the owner;

(5)

If a corporation, partnership, or other business entity, the name of the officer or person responsible for the application and written proof that the representative has authority to represent the corporation, partnership, or business entity or, in lieu thereof, written proof that such person is in fact an officer of the corporation; or

(6)

If a group of contiguous property owners, all the owners of the property described in the petition must provide written consent.

(f)

Certified boundary survey. A certified boundary survey by a surveyor licensed by the State of Florida. The survey shall have been completed within one year of the date the application is submitted. The survey shall be prepared at a scale of not less than one inch equals two hundred (200) feet, or as required by the building official, containing the following:

(1)

An accurate legal description of the property affected by the development order application; and

(2)

A computation of the total acreage of the parcel.

(g)

Concurrency:

(1)

New projects. Written confirmation from the town and other service providers of the availability of all necessary facilities and systems, including: stormwater management, potable water, sanitary sewer, solid waste disposal, fire protection, recreational and park areas, and road capacity.

a.

Utility statement. A statement from the town, or other lawful service provider, that the proposed development will be able to connect to the central system and that there is sufficient capacity available to meet adopted levels of service for potable water and sanitary sewer.

b.

Drainage statement. A drainage statement by the applicant's engineer that the site drainage system will be designed to meet the stormwater management requirements of the South Florida Water Management District and the town's regulations. The statement also will demonstrate provision of legal positive outfall meeting the adopted level of service. Additional supporting calculations for larger projects may also be required by the building official.

c.

Park services statement. A statement from the town that the proposed project will not exceed the levels of service for public parks.

d.

Fire protection. A statement from the town's fire service provider that the proposed project will not exceed the levels of service for fire protection.

e.

Solid waste. A statement from the Solid Waste Authority of Palm Beach County that the proposed project will not exceed the adopted levels of service standards for solid waste disposal.

f.

Traffic statement. A traffic statement as indicated below.

g.

201 or more trips per day (TPD). A statement from the county engineering department that the project, if generating two hundred one (201) or more average daily trips, conforms to the countywide traffic performance standards, as amended, and that the project-generated trips are reserved. A statement from the town's engineering consultant that the proposed project complies with the town's level of service standards.

h.

200 or less TPD. A statement from the town's consulting engineer that the proposed project, if generating less than two hundred (200) average daily trips, conforms to the traffic performance standards adopted by both the county and the town, and that the project-generated trips are reserved.

i.

Less than 200 trips. For projects less than two hundred (200) trips, a traffic statement may be submitted for review, rather than a complete traffic impact study.

(2)

Exemptions. The following are exempt from the concurrency requirements of this Code:

a.

Properties possessing a development order approval by virtue of a judicial settlement;

b.

Properties with an unexpired development order approval that was granted prior to the approval of town or county concurrency requirements;

c.

Single-family lots platted prior to the approval of town or county concurrency requirements;

d.

Lots of record existing prior to the approval of town or county concurrency requirements; and

e.

Redevelopment of existing lots provided the nature of development remains the same.

(h)

Environmentally sensitive lands. Environmental assessment addressing the requirements of all applicable environmental ordinances.

(i)

Filing fee. The applicant shall pay the official filing fee, as required by the town, at the time of application filing.

(j)

Landscape plan. A landscape plan which is consistent with the requirements of this Code.

(k)

Other documentation. Other documentation or professional studies necessary to permit satisfactory review of a development order application consistent with the following: the policies of the town's comprehensive plan and the requirements of this Code. The determination of the need for such other documentation shall be made by the building official.

(l)

Property owners' list. A complete list of all property owners and mailing addresses for all property within five hundred (500) feet of the subject parcel as provided in section 30-46.

(m)

Signs. A sign plan illustrating the architectural elevations of all signs on the site indicating the location, size, landscaping, design lettering, types of materials, colors, and other features.

(n)

Site plan. A site plan illustrating the proposed site improvements, structures, etc., including the information listed below.

(1)

Name, address and proposed nature of project.

(2)

Names, dimensions, and pavement elevations of adjacent road rights-of-way.

(3)

Location of driveways, streets, and intersections adjacent to and across from site.

(4)

Proposed points of ingress and egress, and fire lanes.

(5)

Easements, if any.

(6)

Vicinity sketch illustrating the approximate footprint of buildings, perimeter landscaping, fences or walls, driveways, and similar features of all adjacent properties. The sketch shall be prepared within one year of submission of the application.

(7)

Lot size, site area, and dimensions.

(8)

All proposed and existing building locations, dimensions, setbacks, and building heights, including accessory structures.

(9)

Number of gross square feet of all principal and accessory structures that are air conditioned.

(10)

Gross floor area, minimum habitable floor area, and floor area of all principal and accessory structures that are under roof.

(11)

Proposed minimum finished floor elevation, based on North American Vertical Datum of 1988 (NAVD 88).

(12)

Actual dimensions on parking stalls, and aisle width, where required.

(13)

Location of off-street loading spaces, including accessibility, buffering, and screening.

(14)

Refuse service areas, including dumpsters, recycling containers, and compacting equipment, and proposed buffering and screening.

(15)

Signs, including permanent signs, directional signs, and other accessory signs, consistent with the requirements of chapter 23.

(16)

Number of units and density per gross acre.

(17)

Size, location, and types of open space and recreation areas.

(18)

Future land use plan and zoning designations of the site and all abutting properties.

(19)

Architectural drawings of the proposed structures including the roof, front, sides, and rear elevations, including elevations of roof-top mounted equipment and proposed screening for such equipment;

(20)

Statement regarding availability of potable water, wastewater and drainage services, and conceptual location of utilities.

(21)

Landscape plan, including trees, shrubs, and vegetation, consistent with the requirements of chapter 28 of this Code.

(22)

Exterior lighting plan, including building mounted and freestanding light standards. Plan to include fixture types and bulb intensities.

(o)

Statements. Statements of plan consistency, planning assumptions, and use, as indicated below.

(1)

A statement of special reasons or basis of the application for development order approval for the property, including the intended use.

(2)

A narrative describing how the intended plan of development complies with the Town of Highland Beach comprehensive plan.

(3)

A statement by the applicant of the major planning assumptions and objectives of the development project, including, but not limited to:

a.

Proposed ownership and form of organization to maintain common open space facilities; and

b.

Proposed density and land use for each parcel within the project, if applicable.

(p)

Warranty deed. A warranty deed with an affidavit from the applicant that the deed represents the current ownership.

(q)

Survey. A survey of the property containing the information listed below:

(1)

Prepared within one year prior to submission to the town, signed and sealed by a surveyor licensed by the State of Florida.

(2)

The survey shall include the information listed below:

a.

Property lines and dimensions;

b.

Property elevation or elevations;

c.

Public or private easements of record;

d.

Rights-of-way, public or private;

e.

Existing improvements, including dimensions and setbacks;

f.

The elevation of the dune crest line;

g.

The dune vegetation line;

h.

The state coastal construction control line;

i.

The shoreline of the Intracoastal Waterway;

j.

Elevation of adjacent rights-of-way; and

k.

Such other information as may be required by the town staff.

(Ord. No. 684, Art. III, § 3, 7-25-00; Ord. No. 2021-007, § 2, 6-1-21)

(a)

Completeness review. All development order applications shall be reviewed for completeness by the building official prior to being processed for development review. If an application is deemed incomplete, the applicant shall be notified in writing of all deficiencies. An application may be deemed incomplete for one or more of the following reasons:

(1)

Failure to submit all required information;

(2)

Failure to submit the required number of copies;

(3)

Failure to provide required information, including construction plans, supporting documents, other plans, or professional studies that are prepared in a professionally acceptable manner;

(4)

Failure to comply with all town concurrency requirements; and

(5)

Failure to pay all necessary fees.

(b)

Failure to complete. If an applicant fails to remedy an incomplete application within ninety (90) days following written notification by the building official, the application shall be considered null and void. The fee shall not be reimbursed.

(Ord. No. 684, Art. III, § 4, 7-25-00)

The town commission, town manager, or building official may withhold issuance of a development approval, building permit, administrative approval, site plan approval, occupational license, or similar forms of approval if costs incurred by a town expert have not been fully reimbursed by the applicant.

(Ord. No. 684, Art. III, § 5, 7-25-00)

(a)

Special exceptions. The town commission shall be the final authority to grant a development order application for special exception approval unless otherwise provided in this Code. In such cases when the town commission is the final authority, the town commission, following an advisory recommendation by the planning board, may approve, approve with conditions, or deny a request for special exception approval. The planning board shall review and be the final authority on applications involving seawalls, bulkheads, retaining walls (or other structures detailed in chapter 6 of this Code) and accessory marine facilities. The planning board, may approve, approve with conditions, or deny a request for special exception relating to seawalls, bulkheads, retaining walls (or other structures detailed in chapter 6 of this Code) and accessory marine facilities. However, if the application is part of a site plan submittal or other application requiring town commission approval, then the town commission shall be the final authority on the site plan or other application and the seawall, bulkhead, retaining wall (or other structures detailed in chapter 6 of this Code) or accessory marine facility submittal.

(b)

Application. An application for special exception approval shall be filed with the building official, including all fees and information as required in this article.

(c)

Planning board public hearing. The planning board shall hold a public hearing for each request for special exception approval. If the planning board is recommending approval to the town commission, then at the conclusion of the hearing, the planning board shall recommend approval, approval with conditions, or denial of the application. If the planning board is the final authority on the special exception, then it shall approve, approve with conditions, or deny the application.

(d)

Final public hearing. A public hearing must be held for all decisions relating to an application for special exception.

(1)

At the public hearing, any party may appear in person, or be represented by an agent or attorney.

(2)

Final approval of an application for special exception shall be based on a determination the request is consistent with the criteria listed below:

a.

Comprehensive plan. The proposed use is consistent with the town's comprehensive plan.

b.

Code requirements. The proposed use is consistent with all applicable requirements of this Code.

c.

Permitted and conditional use standards. The proposed use is consistent with the permitted and conditional use standards as provided in section 30-63.

d.

Public welfare. As applicable, the proposed use provides for the public health, safety, and welfare by:

1.

Providing for a safe and effective means of pedestrian access;

2.

Providing for a safe and effective means of vehicular ingress and egress;

3.

Providing for an adequate roadway system adjacent to and in front of the site;

4.

Providing for safe and efficient onsite traffic circulation, parking, and overall control; and

5.

Providing adequate access for public safety purposes, including fire and police protection.

e.

Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as:

1.

Noise;

2.

Glare;

3.

Odor;

4.

Perimeter, interior, and security lighting;

5.

Signs;

6.

Waste disposal and recycling;

7.

Outdoor storage of merchandise and vehicles;

8.

Visual impact; and

9.

Hours of operation.

f.

Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties.

g.

Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the Code.

h.

Compatibility. The overall compatibility of the proposed development with adjacent and area uses, character of area development, and density and intensity of adjacent uses, including such items as the following:

1.

Off-street parking and loading areas;

2.

Location of refuse collection, recycling, and related service areas;

3.

Signs;

4.

Proposed lighting;

5.

Ingress and egress to the property and structures;

6.

Pedestrian circulation, safety and convenience;

7.

Overall traffic flow; and

8.

Public safety access in case of fire or catastrophe.

i.

Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this Code and the goals, objectives, and policies of the town.

j.

Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use.

k.

Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands.

(e)

Findings. The town commission, or the planning board, as applicable, shall adopt findings which shall include, but is not limited to, the following: a statement that it is empowered to grant the special exception; one or more findings as to how the application is either consistent or not consistent with applicable comprehensive plan and zoning code requirements; the reasons for approval or denial of the special exception; and any conditions or limitations placed upon the approval, if granted.

(f)

Time limitations. Among other conditions and safeguards, the town commission, or the planning board, as applicable, may prescribe reasonable time limits as provided in section 30-21. The town commission, or the planning board, as applicable, also may prescribe reasonable time limits within which an approved use of property shall commence. Failure to establish an approved use of property within such time limits shall render such approval null and void.

(g)

Violations. Violation of any conditions, limits, or safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this Code.

(h)

Public notice. Public notice for special exception public hearings shall be provided as required in section 30-46 of this Code.

(i)

Appeals. An appeal of a final decision of the town commission or the planning board shall be filed in the Fifteenth Circuit Court in Palm Beach County. Appeals must be filed within thirty (30) calendar days of the final decision.

(Ord. No. 684, Art. III, § 6, 7-25-00; Ord. No. 20-001, § 4, 2-4-20)

(a)

Site plan review. Site plan review of all multifamily dwelling units and all nonresidential structures shall be processed be processed as indicated below.

(1)

An application for development order approval shall be filed with the building official. The application shall be consistent with the requirements of section 30-33.

(2)

Receipt of permits and approvals from other governmental agencies does not guarantee town approval of a development order application.

(3)

Review, as applicable, of proposed site plans and related documents by the building official, town staff, police department, fire service provider, and other agencies as deemed necessary by the town.

(4)

Review of application by planning board.

(5)

Recommendations to town commission for approval, approval with conditions, or denial of the application from the planning board, and building official.

(6)

Town commission approval, approval with conditions, or denial of the application for site plan review.

(7)

Following town commission approval, building permits may be issued. Prior to issuance of a building permit, the building official may require an applicant to submit revised site plans. The revised site plans shall include all changes or amendments approved by the town commission.

(Ord. No. 684, Art. III, § 7, 7-25-00)

(a)

Single-family dwellings. Site plan review of all single-family dwellings and certain other uses as defined herein shall be processed as indicated below.

(1)

An application for development order approval shall be filed with the building official. The application shall be consistent with the requirements of section 30-33.

(2)

All federal, state, county, and other governmental approvals and permits must be obtained before submitting plans to the building department. Alternatively, phasing of building plans and permits may be allowed, when dependent upon permits or approvals issued by other governmental agencies.

(3)

Receipt of permits and approvals from other governmental agencies does not guarantee town approval of a development order application.

(4)

Review, as applicable, of proposed site plans and related documents by the building official, town staff, police department, fire service provider, and other agencies as deemed necessary by the town.

(5)

Review of application by planning board.

(6)

The planning board approve or deny the site plan application. The approval may include conditions which clarify, but do not exceed, the requirements of this Code.

(7)

After receiving approval from the planning board, the building official shall issue the site plan approval. Following site plan approval, a building permit may be issued.

(Ord. No. 684, Art. III, § 8, 7-25-00)

(a)

Major and minor building modifications. Modifications to existing single-family, multifamily, and nonresidential structures shall be processed as indicated below.

(1)

Major modifications that alter existing principal or accessory structures, including but not limited to the building footprint, number of square feet, building height, number of dwelling units, parking requirements, change in exterior facade, change of use, change of roof line, change of elevation, all exterior walls, balconies, foundations, accessory structures, and similar substantial improvements as determined by the building official.

(2)

Minor building modifications are alterations or improvements that are not considered major building modifications, such as the following:

a.

Interior alterations;

b.

Changes to windows and doors;

c.

Changes that do not affect existing building setbacks; and

d.

Similar changes that do not affect the intensity or density of an existing use.

(b)

Review:

(1)

Major building modifications are to be reviewed in the same manner as an original structure or use as required by this chapter.

(2)

Minor building modifications shall be approved by the building official. The building official may determine that a proposed modification or the cumulative effect of prior modifications should be reviewed in the same manner as the original structure or use.

(3)

All federal, state, county, and other governmental approvals and permits must be obtained before submitting plans to the building department. Alternatively, phasing of building plans and permits may be allowed, when dependent upon permits or approvals issued by other governmental agencies.

(4)

Receipt of permits and approvals from other governmental agencies does not guarantee town approval of a development order or building permit application.

(5)

The town may require modification of an approved site plan, subdivision plan, or similar document, prior to issuance of a building permit for an approved alteration.

(Ord. No. 684, Art. III, § 9, 7-25-00)

Applications for variance approval shall be reviewed as provided herein.

(a)

Purpose. The purpose of a variance is to grant a reduction in the dimensional requirements of this chapter, including, but not limited to, lot width, lot depth, lot size, size or percentage of open space, building coverage, building height, building setbacks, or required number of parking spaces.

(b)

Board of adjustment and appeals/town commission. Requests for approval of some variances shall be considered by the board of adjustment and appeals in order to make a recommendation to the town commission. The board of adjustment and appeals and the town commission, as applicable, may approve, approve with conditions, or deny a request for a variance from the requirements of this chapter as set forth below.

(1)

Types of variances to be determined by the board of adjustment and appeals.

(i)

All variance requests for new and existing single-family homes.

(ii)

All variance requests for existing multi-family units.

(2)

Types of variances to be reviewed by the board of adjustment and appeals and determined by the town commission. All requests for variances not listed in subsection (b)(1) above, shall be reviewed by the board of adjustment and appeals, and a recommendation from the board of adjustment and appeals shall be forwarded to the town commission for a final decision.

(c)

Applications. Applications shall contain the information as may be required by and shall comply with the requirements of section 30-33.

(d)

Public notice. Public notice for public hearings to consider variance applications shall be provided as required in section 30-46 of this Code.

(e)

Consideration of applications. As a basis for consideration of an application for variance approval, the board of adjustment and appeals and the town commission must determine an application is consistent with the criteria listed below:

(1)

Special conditions. 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)

Hardship. The special conditions and circumstances truly represent a hardship, and are not created by any actions of the applicant.

(3)

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

(4)

Special privileges. The grant of a variance will not confer upon the applicant any special privilege denied to any other owner of land, buildings, or structures located in the same zoning district.

(5)

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

(6)

Purpose and intent. The grant of the variance will be in harmony with the general intent and purpose of this chapter.

(7)

Financial hardship. Financial hardship is not to be considered as sufficient evidence of a hardship in granting a variance.

(8)

Public welfare. The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(f)

Approvals. In granting a variance, the board of adjustment and appeals and the town commission may approve such conditions and safeguards deemed necessary to conform to the intent and purpose of this Code. Violations of such conditions shall be deemed a violation of this chapter. The board of adjustment and appeals and the town commission may also prescribe a reasonable time limit to initiate the action granted by the variance and to complete such action. Failure to initiate and complete an approved variance shall render such approval null and void, and the approval shall expire.

(g)

Required vote. As applicable, the vote of at least four (4) members of the board of adjustment and appeals or a majority of the town commission is necessary to grant a variance from the requirements of this chapter.

(h)

Run with the land. A variance, when implemented in accordance with the approval granted by the board of adjustment and appeals or the town commission, shall run with the land in perpetuity. Unless a lesser time is approved by the board of adjustment and appeals or the town commission, a variance that is not implemented shall expire eighteen (18) months following approval. Extensions of variance approvals shall not be granted by the board of adjustment and appeals or the town commission.

(i)

Variance null and void. A variance granted by the board of adjustment and appeals or the town commission shall automatically be null and void in any of the following circumstances:

(1)

Demolition of structure which was granted a variance;

(2)

Removal of a structure which was granted a variance; or

(3)

Other similar action which eliminates the reason for granting the variance.

(j)

Use variances prohibited. The board of adjustment and appeals, the town commission or any other body, unless specifically authorized by this chapter, shall not grant a variance to establish or expand a use not allowed as a permitted use or special exception use in any zoning district, or a use not allowed within a residential planned unit development.

(k)

Other lands and uses. Evidence of nonconforming use of neighboring lands, structures, or buildings in the same zoning district or the permitted use of lands, structures, or buildings in other zoning districts shall not be considered grounds for the authorization of a variance.

(l)

Variance from development standards prohibited. The board of adjustment and appeals or the town commission, unless specifically authorized by this Code, shall not grant a variance from the development standards regarding uses as set forth in Table 30-4.

(m)

Findings:

(1)

The board of adjustment and appeals and/or the town commission, as applicable, shall make findings that an application for variance approval has complied with the requirements of this section.

(2)

The board of adjustment and appeals and/or the town commission, as applicable, shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(3)

The board of adjustment and appeals and/or the town commission, as applicable, shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(n)

Appeals of variances. Appeals of the final decisions of the board of adjustment and appeals or the town commission, as applicable, regarding variances, shall be filed with the Fifteenth Circuit Court in and for Palm Beach County. Appeals shall be filed within thirty (30) calendar days following the final decision by the board of adjustment and appeals or the town commission.

(o)

Limitations. Whenever the board of adjustment and appeals/town commission has acted on a request for administrative review or variance, the board of adjustment and appeals and town commission shall not consider any request for substantially the same action for a period of one year from the date of the initial decision.

(p)

Interpretations, decisions, and appeals:

(1)

Appeals of a decision, order, requirement, determination, or interpretation of the building official or other town official regarding the provisions of this chapter, or a determination of the public works director regarding the regulations governing town rights-of-way, shall be filed with the board of adjustment and appeals.

(2)

Appeals shall be filed on an application established by the building official.

(3)

The appeal shall be considered by the board of adjustment and appeals not more than thirty (30) days following receipt of a complete application by the building official.

(4)

The vote of at least four (4) members of the board of adjustment and appeals is necessary to grant an appeal or to reverse the decision, order, requirement, determination, or interpretation of the building official or other town official.

(5)

An aggrieved person may appeal a final decision of the board of adjustment and appeals regarding a decision, order, requirement, determination, or interpretation, as set forth in subsection (p)(1) within thirty (30) days of a decision or order, by seeking judicial review of the final decision with the Fifteenth Circuit Court in and for Palm Beach County. Aggrieved persons may include the applicant, an affected party, or the city manager.

(Ord. No. 684, Art. III, § 10, 7-25-00; Ord. No. 18-008, § 6, 10-2-18; Ord. No. 19-008, § 5, 11-5-19; Ord. No. 2021-018, § 5, 12-7-21)

Administration of residential planned unit developments (RPUDs) existing or approved as of the effective date of this chapter shall be governed as provided below:

(a)

Town commission approval. During the existence of any RPUD previously approved by the Town of Highland Beach, any agreements, contracts, deed restrictions, sureties, or other documents or actions related to, required by, or affecting land use in the RPUD shall be submitted by the owner and approved by the town commission.

(b)

Site plan review:

(1)

The site plan review procedure in section 30-46 is required for all RPUDs.

(2)

Building permits or certificates of occupancy shall not be issued for any construction within an RPUD zoning district unless and until final plans and reports have been submitted, in such detail as is necessary for determination of compliance with RPUD regulations and requirements, and such plans have been approved by appropriate officials as complying with such regulations and requirements, as applying generally at the time of adoption of the RPUD ordinance and amendments thereto. Such final plans and reports shall be for the development as a whole or for stages and priorities approved by the town commission in its amending action. No structure or use other than as indicated in approved final plans or reports shall be permitted.

(c)

Amendments to existing RPUDs:

(1)

The planning board may approve amendments to an existing, approved RPUD, subject to the limitations listed below:

a.

The proposed amendments are consistent with comprehensive plan and zoning code requirements in effect at the time the requested is submitted to the town.

b.

The proposed amendments do not:

1.

Increase the number of dwelling units granted by the current RPUD approval;

2.

Increase the number of square feet granted by the current RPUD approval;

3.

Relocate more than five (5) percent of the building footprint as contained in the current RPUD approval;

4.

Increase the height of the building contained in the current RPUD approval;

5.

Change the nature of the original intended use or uses as provided in the current RPUD approval; or

6.

Propose a change deemed to be significant by the building official.

(2)

Any amendments not included in subsection (b) above shall require approval by the town commission, subject to an advisory recommendation by the planning board.

(d)

Appeal of time limits:

(1)

Appeals from the original RPUD time limits as set by the town commission shall be considered by the planning board. The planning board shall review the appeal, and recommend to the town commission one of the following:

a.

RPUD zoning for the entire area should be continued with revised time limits;

b.

RPUD zoning should be continued for part of the area with revised time limits, and the remainder rezoned to an appropriate category; or

c.

The entire area should be rezoned from RPUD to another zoning district, consistent with the comprehensive plan.

(2)

In any cases where legislative intent concerning administration of any particular RPUD is unclear, reference may be made to Ordinance No. 253 (Zoning Ordinance of November 15, 1974).

(Ord. No. 684, Art. III, § 11, 7-25-00)

(a)

Building and site plan review procedures. Buildings and site plans shall be reviewed as provided below:

(1)

A building or other structure requiring a permit shall not be erected, moved, demolished, expanded, or structurally altered without approval of the applicable development order and issuance of a building permit.

(2)

A building permit shall be issued only for one specific building or improvement. The issuance of a permit for one building or improvement on a lot shall not grant permission for construction of any other building or improvement, even an identical building or improvement on the same lot.

(3)

Separate piling or foundation permits shall not be issued.

(4)

Demolition permits will not be construed as building permits for the purpose of this section. Issuance of a demolition permit does not guarantee issuance of a building permit to construct a replacement structure or other improvement.

(5)

All federal, state, county, and other applicable governmental approvals and permits must be obtained before submitting final building permit plans to the building department.

a.

Phasing of building plans and permits may be allowed, when dependent upon permits or approvals issued by other governmental agencies.

b.

Building permits shall not be issued until all required federal, state, county, or other applicable governmental approvals and permits have been obtained.

(b)

Time of issuance. For the purposes of administration, a building permit shall be considered to be issued forty-eight (48) hours after the applicant has been notified by the building department that the permit has been approved.

(Ord. No. 684, Art. III, § 12, 7-25-00)

The town commission may amend the official zoning map, subject to the requirements and procedures listed below:

(a)

Proposed amendments. Proposed amendments may be suggested by the town commission, by the planning board, or by petition of the owners of more than fifty (50) percent of the area involved in the proposed change.

(b)

Public notice. Public notice of planning board and town commission public hearings to consider proposed official zoning map amendments shall be provided as required in section 30-46.

(c)

Planning board. The planning board shall hold one or more public hearings to consider a request for official zoning map amendments. The recommendation of the planning board shall be provided to the town commission within ninety (90) days after completion of the required public hearing.

(d)

Town commission. Within ninety (90) days following adoption of the planning board recommendation, the town commission shall hold one or more public hearings to consider the request. The town commission may approve or deny the request for official zoning map amendments. The town commission, in any decision, shall comply with the requirements listed below:

(1)

Only the land area advertised in the public notice may be rezoned to a different zoning district.

(2)

Land affected by the request may not be rezoned to a less restrictive zoning district than advertised in the public notice.

(3)

Any change to the proposed amendment which is substantially different from the advertised amendment shall not be considered. Public notice of the substantial change must be provided consistent with section 30-46, including a properly advertised planning board public hearing.

(4)

Any request for an official zoning map amendment shall be consistent with the criteria listed below:

a.

The proposed amendment is consistent with the comprehensive plan.

b.

The proposed amendment is consistent with the requirements of this Code.

c.

The proposed amendment will not be detrimental to the public health, safety, and welfare.

d.

The proposed amendment is compatible with, and will protect the property values of adjacent properties.

e.

A change in the zoning classification of land shall not be considered which involves less than forty thousand (40,000) square feet of land area and two hundred (200) feet of street frontage. This limitation shall not apply to a request to extend the boundary of an existing zoning district, or unless otherwise provided for herein.

f.

Approval of a request to amend the official zoning map shall not contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is rezoned.

(e)

Planning board recommendation for denial. If the planning board recommends denial of any proposed official zoning map amendment, such amendment shall not become effective except by the affirmative vote of a majority of the entire membership of the town commission.

(f)

Reconsideration:

(1)

Whenever the town commission has changed the zoning classification of property, the town shall not accept or consider petition for rezoning of all or any part of the same property for a period of one year from the effective date of the amendment changing the zoning classification.

(2)

Whenever the town commission has denied a petition for rezoning of property, the town commission shall not thereafter:

a.

Accept or consider any further petition for substantially the same rezoning of all or any part of the same property for a period of eighteen (18) months from the date of such denial; or

b.

Accept or consider any petition for any other kind of rezoning on all or any part of the same property for a period of one year from the date of such action.

(3)

The limitations of this section shall not prevent the initiation of official zoning map amendments by the town commission or the planning board.

(Ord. No. 684, Art. III, § 13, 7-25-00)

State Law reference— Ordinance adoption procedures, F.S. § 166.041.

The town commission may amend the text of the zoning code, subject to the requirements and procedures listed below:

(a)

Proposed amendments. Proposed text amendments may be suggested by the town commission, by the planning board, or by request of any member of the public.

(b)

Public notice. Public notice of planning board and town commission public hearings to consider proposed text amendments shall be provided as required in section 30-46.

(c)

Planning board. The planning board shall hold one or more public hearings to consider a request for zoning code text amendment. The recommendation of the planning board shall be provided to the town commission within ninety (90) days after completion of the required public hearing.

(d)

Consistency with comprehensive plan. The planning board, sitting as the local planning agency, shall determine any proposed amendment to the zoning code is consistent with the comprehensive plan, as required by F.S. § 163.3194.

(e)

Town commission. Within ninety (90) days following adoption of the planning board recommendation, the town commission shall hold one or more public hearings to consider the request. The town commission may approve, modify, or deny the request for an amendment to the zoning code text. The town commission, in any decision, shall comply with the requirements listed below:

(1)

The proposed text amendment shall be consistent with the comprehensive plan.

(2)

The proposed text amendment is consistent with the zoning code.

(3)

Any change to the proposed zoning code text amendment which is substantially different from the advertised text amendment shall not be considered. Public notice of the substantial change must be provided consistently with section 30-46, including a properly advertised planning board public hearing.

(Ord. No. 684, Art. III, § 14, 7-25-00)

State Law reference— Ordinance adoption procedures, F.S. § 166.041.

Subdivisions of property shall be approved by the town commission subject to the site plan approval process as provided in section 30-33.

(a)

Compliance. Applications for subdivision approval shall comply with the minimum requirements of F.S. ch. 177 and chapter 26 of this Code.

(Ord. No. 684, Art. III, § 15, 7-25-00)

(a)

Public hearings for zoning matters:

(1)

Public notice for public hearings for the development applications listed below shall comply with the requirements of this section:

a.

Official zoning map amendment (rezoning);

b.

Special exception;

c.

Variance;

d.

Amendment to an approved RPUD;

e.

Zoning code text changes; and

f.

Any other action requiring public notice as provided herein.

(2)

Written notice of the public hearings shall be provided as follows:

a.

At least fifteen (15) days before the planning board or board of adjustment and appeals public hearing; and

b.

At least ten (10) days before the first town commission public hearing, and if two (2) public hearings are required, at least five (5) days before the second town commission public hearing. Written notice for zoning map amendments (rezonings) initiated by the town shall be provided as required by F.S. § 166.041, as amended.

(3)

Written notice shall be provided to the owner of each parcel of property located within five hundred (500) feet of the affected property, excluding parcels of property owned by the applicant. Notification distances shall be measured on an arc from the corners of the property. If a parcel of property located within five hundred (500) feet of the affected property is subject to, or owned by, a condominium association, written notice is not required to each unit owner; rather, written notice may be provided only to the association president and the association's registered agent, who shall post the notice on the association's bulletin board or other places of public notification.

(4)

Written notice shall include a description of the development approval requested, the location of the property affected, the body to be conducting the public hearing, and the date, time, and location of the public hearing.

(5)

Written notice shall be sent by first class mail. The applicant for development order approval shall be responsible for obtaining the property owner's list and for all expenses associated with the written notice. The property owner (or applicant) shall be responsible for providing the town at least forty-five (45) calendar days before the scheduled hearing date with a list of all property owners that fall within the arc identified in item (3) above. The list shall be in electronic format, and must be obtained from a database provided by the Palm Beach County Property Appraisers' Office; the town will administer the process of mailing.

(6)

Newspaper advertising, in a newspaper of general circulation, of the public hearings shall be provided as follows:

a.

At least ten (10) days before the planning board or board of adjustment and appeals public hearing;

b.

At least ten (10) days before the town commission public hearing for a special exception or an amendment to an RPUD; and

(7)

Newspaper public notice advertisements for planning board or town commission public hearings to consider official zoning map amendments (rezonings) and zoning code text changes shall comply with the requirements of F.S. § 166.041, as amended.

(8)

Public notice for planning board or town commission public hearings to consider multifamily and nonresidential site plan approvals, single-family site plan approvals, subdivisions or plats, or similar development orders shall be provided as may be required by the town commission.

(b)

Comprehensive plan amendments:

(1)

Public notice of amendments to comprehensive plans shall comply with the requirements of F.S. § 163.3174, as amended, for local planning agency hearings and F.S. § 163.3184, as amended, for town commission hearings.

(2)

Unless otherwise provided herein, public notice for planning board or town commission public hearings to consider amendments to the text of the comprehensive plan or to the future land use map shall be provided in a newspaper of general circulation. The public notice shall contain the following information, and such other information as required by state law:

a.

Date, time, and location of meeting;

b.

Location of property affected by the development order application; and

c.

The nature of the proposed comprehensive plan text amendment or change to the future land use map.

(3)

Newspaper advertising of the public hearings shall be provided as required by state law.

(4)

Public hearings for comprehensive plan amendments shall be held on a weekday.

(5)

An applicant requesting a comprehensive plan amendment shall be responsible for all public notice and advertising costs association with such application.

(6)

Written notice of public hearings to consider changes to the future land use map of the comprehensive plan shall be provided as follows:

a.

At least fifteen (15) days before the planning board public hearing;

b.

At least fifteen (15) days before the first town commission public hearing, or as otherwise required by F.S. § 163.3184 and F.S. § 163.3187, as amended; and

c.

At least ten (10) days before the second town commission public hearing, or as otherwise required by F.S. § 163.3184 and F.S. § 163.3187, as amended.

(7)

Written notice shall be provided to the owner of each parcel of property located within five hundred (500) feet of the affected property, excluding parcels of property owned by the applicant. If a parcel of property located within five hundred (500) feet of the affected property is subject to, or owned by, a condominium association, written notice is not required to each unit owner; rather, written notice may be provided only to the association president and the association's registered agent, who shall post the notice of the associations' bulletin board or other places of public notification.

(8)

Written notice shall include a description of the nature of the proposed comprehensive plan amendment requested, the location of the property affected, the body to be conducting the public hearing, and the date, time, and location of the public hearing.

(9)

Written notice shall be sent by first class mail. The applicant for a comprehensive plan amendment shall be responsible for obtaining the property owner's list and for all expenses associated with the written notice. The property owner (or applicant) shall be responsible for providing the town at least forty-five (45) calendar days before the scheduled hearing date with a list of all property owners that fall within the arc identified in item (3) above. The list shall be in electronic format, and must be obtained from a database provided by the Palm Beach County Property Appraisers' Office; the town will administer the process of mailing.

(c)

Withdrawals and postponements:

(1)

A development order or comprehensive plan amendment application may be withdrawn at any time by an applicant. If withdrawn, any subsequent application shall be considered a new application, subject to the public hearing and public notice requirements of this chapter.

(2)

A development order or comprehensive plan amendment application may be postponed at the request of the applicant or by action of the town commission. If a postponement is requested, the town commission may:

a.

Require additional written and advertised public notice, to be provided at the applicant's expense; or

b.

Schedule the postponed matter for a public hearing at a specific date, time, and location.

(d)

Posting of property. The town, for items listed in subsections (a) and (b) above and for site plans and site plans involving major modifications, shall post notice on the affected property by placing one placard visible from each adjoining right-of-way or on each street block face, at least seven (7) days before the scheduled hearing. The placard shall be prepared by the town and shall identify the action to be considered and state the time and place of the hearing(s). Applicants shall be responsible for the costs associated with posting.

(Ord. No. 684, Art. III, § 16, 7-25-00; Ord. No. 10-002, Exh. A, 6-1-10; Ord. No. 13-002, § 2, 9-3-13; Ord. No. 16-002, § 2, 3-1-16; Ord. No. 19-004, § 2, 9-19-19)