A request for rezoning that changes the actual zoning map designation of a parcel or parcels of land and is initiated by an entity or an individual other than the town shall be considered pursuant to the following procedure:

(1)

Application.

a.

Petitioner must complete an application for rezoning using a form provided by the community development department.

b.

The completed application shall be submitted to the community development department together with the application fee established by resolution of the town commission. The application fee is intended to cover any administrative costs and the costs of complying with the notice requirements of this section.

c.

If the application is determined to be complete and technically sufficient by the community development director, the community development department shall schedule the rezoning request for hearing before the planning and zoning board.

d.

At the hearing on the application, the planning and zoning board shall consider the rezoning application and request, the staff report and the recommendations of staff, and shall receive testimony and information from the petitioner, the owner, town staff, and public comment. At the conclusion of the hearing, the planning and zoning board shall make a recommendation on the rezoning request to the town commission. The town shall give reasonable advance public notice of the planning and zoning board meeting.

e.

Within a reasonable time after the planning and zoning board meeting, and in accordance with the notice requirements of this section and F.S. § 166.041, the town commission shall conduct a quasijudicial public hearing following the procedures set forth in section 2-2 of this Code. The town commission shall consider the petitioner's requests, the recommendations of the planning and zoning board, the staff report and the recommendations of town staff, as well as public comment and other documentary evidence and testimony deemed relevant by the town commission.

(2)

Reading requirements. The proposed ordinance shall be read by title at two separate town commission meetings. The ordinance may be adopted at the meeting where the second reading takes place.

(3)

Notice requirements. Notice of the proposed ordinance must be published in a newspaper of general circulation in the town at least ten days prior to adoption of the ordinance. The notice of the proposed ordinance shall state the date, time, and place of the meeting, the title or titles of the proposed ordinance, and the place or places within the town where such proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting where the ordinance will be read and be heard with respect to the proposed ordinance.

(Ord. No. 6-1996, § II, 8-21-1996; Code 1978, § 32-103)

A request for rezoning that changes the actual zoning map designation of a parcel or parcels of land and is initiated by the town shall be considered pursuant to one of the following procedures:

(1)

Less than ten acres. An ordinance that changes the actual zoning map designation for a parcel or parcels of land involving less than ten contiguous acres shall be enacted pursuant to the following procedure:

a.

Staff report.

1.

The community development department shall prepare a staff report that describes the substance of the proposed rezoning ordinance and that contains recommended actions to be taken, which shall be submitted to the planning and zoning board. The community development department shall schedule a hearing on the proposed rezoning before the planning and zoning board.

2.

After the hearing on the proposed rezoning, the planning and zoning board shall consider the proposed rezoning, the staff report, and the recommendations of staff, and shall receive testimony and information from the town staff and public comment. At the conclusion of the hearing, the planning and zoning board shall make a recommendation to the town commission. The town shall give reasonable advance public notice of the planning and zoning board meeting.

3.

Within a reasonable time after the planning and zoning board meeting, and in accordance with the notice requirements of this section and F.S. § 166.041, the town commission shall conduct a quasijudicial public hearing following the procedures set forth in section 2-2 of this Code. At the public hearing on the proposed ordinance, the town commission shall consider the recommendations of the planning and zoning board, the staff report and the recommendations of town staff, as well as public comment and other documentary evidence and testimony deemed relevant by the town commission

b.

Reading requirements. The proposed ordinance will be read by title at two separate town commission meetings. The ordinance may be adopted at the meeting where the second reading takes place.

c.

Notice requirements.

1.

Mail notice. A written notice of the proposed rezoning shall be mailed by the town clerk to each real property owner whose land the town will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall be mailed at least 30 days before the town commission public hearing. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for the public hearing on the ordinance. A copy of the notice shall be kept available for public inspection during the regular business hours of the town clerk's office.

2.

Newspaper notice. Notice of the hearing on the proposed ordinances must be published in a newspaper of general circulation in the town at least ten days prior to the adoption of the ordinance. The notice of the proposed ordinance shall state the date, time, and place of the meeting and the title of the proposed ordinance and the place or places within the town where the proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(2)

Ten acres or more. An ordinance that changes the actual zoning map designation for a parcel or parcels of land involving ten contiguous acres or more shall be enacted pursuant to the following procedure:

a.

Staff report.

1.

The community development department shall prepare a staff report that describes the substance of the proposed rezoning ordinance and contains recommended actions to be taken, which shall be submitted to the planning and zoning board. The community development department shall schedule a hearing on the proposed rezoning before the planning and zoning board.

2.

At the hearing on the proposed rezoning, the planning and zoning board shall consider the rezoning request, the staff report and the recommendations of staff, and shall receive testimony and information from the town staff and other interested parties, and at the conclusion of the hearing shall make a recommendation to the town commission. The town shall give reasonable advance notice of the planning and zoning board meeting.

3.

Within a reasonable time after the planning and zoning board meeting, and in accordance with the notice requirements of this section and F.S. § 166.041, the town commission shall conduct a quasijudicial public hearing following the procedures set forth in section 2-2 of this Code. At the public hearing on the proposed ordinance, the town commission shall consider the recommendations of the planning and zoning board, the staff report and the recommendations of town staff as well as public comment and other documentary evidence and testimony deemed relevant by the town commission.

b.

Required public hearings. The town commission shall hold two advertised public hearings on the proposed ordinance. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first public hearing and shall be advertised at least five days prior to the second public hearing.

c.

Advertisement requirements. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall be placed in the Palm Beach Post or other newspaper of general paid circulation in the town and of general interest and readership not one of limited subject matter. The advertisement should appear in a newspaper that is published at least five days a week. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

d.

Text of advertisement.

1.

The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

 The Town of Lake Park proposes to adopt the following ordinance:  (title of the ordinance) . A public hearing on the ordinance will be held on  (date and time)  at  (meeting place) .

2.

The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

3.

In lieu of publishing the advertisement set out in this section, the town may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place and location of any public hearing on the proposed ordinance.

e.

Reading requirements. The proposed ordinance will be read by title at two separate town commission meetings. The ordinance may be adopted at the meeting where the second reading takes place.

f.

Public hearings before the town commission.

1.

The first public hearing shall be held no sooner than seven days after the day that the first advertisement is published.

2.

The second public hearing shall be held no sooner than ten days after the first public hearing and not sooner than five days after the advertisement is published.

(Ord. No. 6-1996, § II, 8-21-1996; Code 1978, § 32-104)

Ordinances that change the actual list of permitted, conditional or prohibited uses within a zoning category shall be enacted pursuant to the following procedure:

(1)

Staff report. The community development department shall prepare a staff report with recommendations to be submitted to the planning and zoning board that describes the substance of the proposed rezoning ordinance. The community development department shall schedule a hearing on the proposed rezoning before the planning and zoning board.

(2)

Consideration and recommendation of board. At the hearing on the proposed rezoning, the planning and zoning board shall consider the rezoning request, the staff report, and the recommendations of staff, and shall receive testimony and information from the town staff and other interested parties, and, at the conclusion of the hearing, shall make a recommendation to the town commission. The town shall be given reasonable advance notice to the planning and zoning board meeting. Within a reasonable time after the planning and zoning board meeting, and in accordance with this section and F.S. § 166.041, the town commission shall consider the applicant's requests, the recommendations of the planning and zoning board and town staff as well as public comment and such other considerations as deemed relevant by the town commission.

(3)

Required public hearings. The town commission shall hold two advertised public hearings on the proposed ordinance. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first public hearing and shall be advertised at least five days prior to the second public hearing.

(4)

Advertising requirements. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall be placed in the Palm Beach Post or other newspaper of general paid circulation in the town and of general interest and readership not one of limited subject matter. The advertisement should appear in a newspaper that is published at least five days a week. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

(5)

Text of advertisement.

a.

The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

 The Town of Lake Park proposes to adopt the following ordinance:  (title of the ordinance) . A public hearing on the ordinance will be held on  (date and time)  at  (meeting place) .

b.

In lieu of publishing the advertising set out in this section, the town may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place and location of any public hearing on the proposed ordinance.

(6)

Reading requirements. The proposed ordinance will be read by title at two separate town commission meetings. The ordinance may be adopted at the meeting where the second reading takes place.

(7)

Public hearings before the town commission.

a.

The first public hearing shall be held no sooner than seven days after the day that the first advertisement is published.

b.

The second public hearing shall be held no sooner than ten days after the first public hearing and not sooner than five days after the advertisement is published.

(Ord. No. 6-1996, § II, 8-21-1996; Code 1978, § 32-105)

(a)

Application requirements. The applicant shall be required to submit the following as part of a special exception use application:

(1)

In accordance with section 67-38 of the Code submit a location map identifying the general area of the proposed special exception use, including the area within a 300-foot radius of the subject property.

(2)

A site plan which identifies the site characteristics of the property upon which the proposed special exception use is located. The site plan shall be inclusive of both interior and exterior activity notations. The site plan shall identify all proposed uses, provide square footage information, and demarcate the required parking spaces, including handicap parking for the property.

(3)

Aerial photographs of the subject property and abutting properties showing existing structures, terrain and vegetation as viewed from all lot lines and street lines of the application property. The photographs shall be clearly dated and labeled as to the location and direction from which the photographs were taken. The use of digital photography is preferred, in which case a disk containing those digital photographs shall also be provided.

(4)

Upon the determination of the director of community development, the applicant may be required to submit additional data, studies, or site characteristics depending upon the type of use proposed.

(5)

A statement of use which explains the use that is proposed for the property, including any accessory uses.

(b)

Criteria for the evaluation of special exception uses. A special exception use shall not be approved unless an applicant establishes that all of the following criteria are met:

(1)

The proposed special exception use is consistent with the goals, objectives, and policies of the town's comprehensive plan.

(2)

The proposed special exception is consistent with the land development and zoning regulations and all other portions of this Code.

(3)

The proposed special exception use is compatible with the character and use (existing and future) of the surrounding properties in its function; hours of operation; type and amount of traffic to be generated; building location, mass, height and setback; and other relevant factors peculiar to the proposed special exception use and the surrounding property.

(4)

The establishment of the proposed special exception use in the identified location does not create a concentration or proliferation of the same or similar type of special exception use, which may be deemed detrimental to the development or redevelopment of the area in which the special exception use is proposed to be developed.

(5)

The proposed special exception use does not have a detrimental impact on surrounding properties based on:

a.

The number of persons anticipated to be using, residing, or working on the property as a result of the special exception use;

b.

The degree of noise, odor, visual, or other potential nuisance factors generated by the special exception use; and

c.

The effect on the amount and flow of traffic within the vicinity of the proposed special exception use.

(6)

That the proposed special exception use:

a.

Does not significantly reduce light and air to adjacent properties.

b.

Does not adversely affect property values in adjacent areas.

c.

Would not be a deterrent to the improvement, development or redevelopment of surrounding properties in accord with existing regulations.

d.

Does not negatively impact adjacent natural systems or public facilities, including parks and open spaces.

e.

Provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking.

(c)

Procedural requirements for special exception use applications.

(1)

Upon the determination of the community development department that the special exception use application and the accompanying site plan are complete, it shall prepare a staff report evaluating the anticipated impacts of the proposed special exception use. Thereafter, the community development department shall schedule a public hearing of the planning and zoning board for its consideration of the application. It shall be the applicant's responsibility to provide a courtesy notice pursuant to section 55-64 of the Code which notifies owners of property within 300 feet of the property which is the subject of the application for special exception use of the date and time that a public hearing of the planning and zoning board and commission's consideration of the proposed special exception use application.

(2)

The planning and zoning board shall conduct a public hearing to consider the proposed special exception use. At that hearing, the board shall receive any public comments, testimony and information from the town staff, any affected third parties, and the public which is relevant to the application. At the conclusion of the hearing, the planning and zoning board shall make a recommendation to the town commission.

(3)

Within a reasonable time after the planning and zoning board meeting wherein it makes its recommendation to the commission, and in accordance with the notice requirements of section 55-64 of the Code and § 166.041, F.S., the town shall provide for and publish a notice that a quasi-judicial public hearing will be held to consider the proposed special exception use application in accordance with the procedures set forth in section 2-2 of this Code.

(d)

Notice requirements.

(1)

Courtesy certified mail notice required. At the applicant's expense, a courtesy notice of the proposed special exception use and site plan shall be mailed by the town return receipt requested to the owners of record of properties within a radius of 300 feet of the property which is the subject of the application, at least ten days prior to the planning and zoning board meeting and shall include the date of the town commission meeting. The notice shall state the date, time and place of the planning and zoning board and commission meetings, the name of the owner of the property, the name of the project and/or applicant, and a general written description of the request and the location, or specific street address of the property. Failure to receive such notice, however, shall not affect any action or proceeding taken thereon, nor is it intended to supplement the required notice provisions of state law for due process or any other purposes. A copy of the notice shall be retained for public inspection during regular business hours in the town clerk's office.

(2)

Newspaper notice. Notice of the meetings wherein the proposed special exception use application will be considered shall be published in a newspaper of general circulation in the town at least ten days prior to the planning and zoning board and town commission hearings. The notice of the proposed public meetings wherein the special exception use application and site plan will be considered shall state the date, time, and place of the meetings and general description of the special exception being proposed, as well as the place or places within the town where the proposed special exception use application may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed special exception use application.

(e)

Conditions. The town commission may impose such conditions of approval as it deems necessary to mitigate the adverse impacts of the proposed special exception use. The conditions may require the applicant to exceed the minimum zoning or land development regulations established by this Code. Conditions of approval may include, but are not limited to, the following:

(1)

Limit the manner in which the use is conducted, including restricting the time an activity may take place and/or restraints to minimize such effects as noise, vibration, air pollution, glare and/or odor.

(2)

Establish a special setback, open space requirement, and/or lot area or dimension.

(3)

Limit the height, size, and/or location of a building or other structure.

(4)

Designate the size, number, location and/or nature of access points (vehicle and pedestrian).

(5)

Designate the size, location, screening, drainage, type of surfacing material and/or other improvement of a parking and/or loading area.

(6)

Limit or otherwise designate the number, size, location, height and/or lighting of signs.

(7)

Require the use of, and designate the size, height, location and/or landscaping materials which may be necessary to screen, buffer, or protect adjacent properties from the potential adverse impacts of the special exception use. This may include designating standards for installation and/or maintenance of the facilities.

(8)

Require the protection and/or relocation of additional trees, shrubs, hedges, or other vegetation, water resources, wildlife habitat and/or other appropriate natural resources.

(9)

Require specific architectural details and/or design to produce a physical development which is compatible in appearance with the uses permitted by right in the zoning district.

(10)

Specify other conditions of approval to permit development of the special exception use in conformity with the intent and purpose of this Code and the town's comprehensive plan.

(f)

Enforcement. The violation of any conditions, when made a part of the terms under which the special exception use is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of this Code.

(Ord. No. 29-2002, § 3, 12-18-2002; Code 1978, § 32-106; Ord. No. 12-2013, § 2, 9-10-2013)

(a)

Jurisidiction. The planning and zoning board as established by the town Code shall hear and decide requests for variances. Any person aggrieved by a final decision of the planning and zoning board may appeal the decision to the circuit court in accordance with the state rules of appellate procedure.

(b)

Application. An applicant for a variance must complete the application form provided by the community development department and submit a technically sufficient and complete application form together with an application fee as prescribed by resolution of the town commission. In order for the variance application to be scheduled for hearing before the planning and zoning board, the community development director must determine that the application is technically sufficient and complete. Applications which are deemed technically insufficient or incomplete will not be processed. In addition, the applicant shall pay all advertising costs and publication costs related to the variance application no later than one week prior to the hearing on the variance request.

(c)

Notice. Notice of the requested variance shall be given at least 15 days before the planning and zoning board public hearing in a newspaper of general circulation, and courtesy notice shall be given by certified mail, return receipt requested, to all landowners within 300 feet of the perimeter of the lot on which the variance is requested at least 15 days before the planning and zoning board public hearing. The notice shall contain a brief description of the property to be varied, the proposed variance, and the time and place of the planning and zoning board hearing on the proposed variance. Proof of publication of such notice shall be filed with the town clerk prior to meeting of the planning and zoning board on the requested variance. For the purpose of this section, the measurement of 300 feet shall be taken in straight lines from the perimeter of the property upon which the variance is requested. The provision for notice to all landowners within 300 feet may be dispensed with upon presentation to the planning and zoning board of a "waiver of notice" signed by all persons entitled to notice hereunder, which such waiver shall comply with the provisions of this chapter. Failure to receive such notice, however, shall not affect any action or proceeding taken hereon, nor is it intended to supplement the required notice provisions of state law for due process or any other purposes.

(d)

Variance criteria. In order to authorize any variance from the requirements of this chapter, the planning and zoning board must conduct a quasijudicial hearing in accordance with the requirements of section 2-2 of this Code, and must make findings of fact that all of the following criteria have been satisfied:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

(2)

That the special conditions and circumstances do not result from the actions of the applicant;

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the this chapter to other lands, buildings or structures in the same zoning district;

(4)

That 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;

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and

(6)

That the grant of the variance will be in harmony with the general intent and purpose of the land development regulations of the Code, and that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(7)

That the variance would not be contrary to the comprehensive plan of the town.

(e)

Conditions of approval. In granting any variance, the planning and zoning board may impose appropriate conditions of approval. Violation of any conditions of approval, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and enforceable through code enforcement and/or any other legal means available.

(f)

Time limit. The planning and zoning board may prescribe a reasonable time limit, not exceed 180 days from the granting of the variance, within which the action for which the variance is required shall be started or completed or both.

(g)

Restrictions. Under no circumstances shall the planning and zoning board grant a variance to permit a use not permitted by right or by special exception in the zoning district involved or any use which is expressly or by implication prohibited by the terms of this chapter for a zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(a)

Jurisdiction. The planning and zoning board, as established by the this Code, shall hear and decide appeals of administrative orders when it is alleged that there is an error in any requirement, decision, or determination made by the community development director in the enforcement or administration of this chapter. In exercising its powers, the planning and zoning board may, upon appeal and in conformity with provisions of this part, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this part, and may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the administrative officer from whom the appeal is taken.

(b)

Application. Any appeal must be filed within 30 days after the rendition of the order, requirement, decision or determination to be appealed. The appellant must complete an appeal application on a form provided by the community development department and submit the complete application together with an application fee as shall be prescribed by resolution of the town commission.

(c)

Record. The administrative official from whom the appeal is being taken shall, upon notification of the filing of the appeal, transmit to the planning and zoning board all documents, papers, reports and other materials constituting the record upon which the action appealed from was taken.

(d)

Automatic stay. An appeal to the planning and zoning board shall result in an automatic stay of all work on the premises and all proceedings in furtherance of the action appealed unless the administrative official who rendered the decision that is the subject of the appeal certifies in writing to the planning and zoning board that, by reason of facts stated in the code, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by restraining order which may be granted by the planning and zoning board or by a court of competent jurisdiction, upon advance written notice to the administrative official from who the appeal is taken or on good cause shown.

(e)

Vote. The concurring vote of at least three of the members of the planning and zoning board shall be necessary to reverse any order, requirement, decision or determination of any the administrative official, or to decide in favor of the applicant on any matter upon which the board is required to determine. Any person aggrieved by a final decision of the planning and zoning board may appeal the decision to the circuit court in accordance with the state rules of appellate procedure.