There is hereby established a planning commission to be known hereafter as the Town Planning Commission. The planning commission shall be composed of five (5) members and two (2) alternate members who have been appointed by the Town Council.

(a)

Compensation. Members and alternates of the Town Planning Commission shall be residents and electors of the Town and shall serve without compensation.

(b)

Term. Members shall serve for a term of three (3) years from date of appointment.

(c)

Alternates. Alternates shall be called upon to sit in place and substitute for any absent regular commission members in order to ensure the availability of a full five-member commission at all meetings.

(d)

Vacancies. Vacancies on the commission shall be filled by appointment by the Town Council in accordance with section 2-18.

(e)

Absences and removal. Any member, including the alternate members (when called upon to serve) shall be automatically removed from the commission for lack of attendance pursuant to section 2-18 of this Code. Additionally, any member may be removed at any time by a majority vote of the Town Council. No member of the commission shall be an official or employee of the Town.

(Ord. No. O-11-2012, § 1, 7-9-12)

Editor's note— Ord. No. O-11-2012, § 1, adopted July 9, 2012, repealed § 23-60, in its entirety and enacted new provisions to reads as herein set out. Prior to this amendment, § 23-60, pertained to similar subject matter. See Code Compartive Table for derivation.

(a)

Local planning agency. The town planning commission is hereby designated as the local planning agency within the meaning of F.S. § 163.3161 et seq. As such, the Town Planning Commission sitting as the local planning agency shall review all comprehensive plan amendments, rezonings and local land development regulations of the Town of Lantana, in accordance with F.S. ch. 163, and Article II of this chapter.

(b)

Zoning board of appeals. The town planning commission shall also sit as the zoning board of appeals and shall have all powers and duties as set forth in section 23-62 et seq.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

The zoning board of appeals shall adopt rules necessary to conduct its affairs, keeping with the provisions of this chapter. The board shall elect a chairman and a vice-chairman; terms of these officers shall be for one (1) year, with eligibility for re-election during the organizational meeting held annually in October. The board shall keep a record of its resolutions, transactions, findings and determinations which shall be a public record. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote due to a declared conflict of interest, indicating such fact. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine are necessary. Three (3) members shall constitute a quorum. A simple majority vote shall be sufficient to take action on any item before the board. Minutes of the board shall be filed promptly with the Town clerk and shall be on file for inspection by the public.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-13-2019, § 3, 5-13-19)

The zoning board of appeals shall have the following powers and duties:

(a)

Administrative review. To hear and make recommendations to the Town Council when it is alleged there is an error in any order, requirements, decision or determination made by administrative officials in the enforcement of this chapter.

(1)

Public hearing, zoning board of appeals. Administrative appeals shall be taken within thirty (30) days of the order, requirement, decision, or determination appealed from, by filing with the zoning board of appeals a written application specifying the grounds of the appeal. The appeal shall be in such form as prescribed by the rules of the zoning board of appeals. After such filing of the appeal, the Town clerk shall forthwith transmit to the board all materials constituting the record upon which the action appealed from was taken. The board shall fix a reasonable time for hearing and give due public notice thereof.

(2)

Public notice. Public notice shall be deemed sufficient when a notice is published once in a newspaper of general circulation within the Town, ten (10) days before the public hearing date. A copy of such notice shall be mailed by certified mail to the parties in interest and to all property owners as shown on the records of the county property appraiser within three hundred (300) feet of the property involved in the application. If the property involved in the application is a condominium, then the required notice shall be by certified mail to the condominium association and by regular mail to the individual owners.

(3)

Public hearing, Town Council. The zoning board of appeals shall transmit its written recommendation to the Town Council within ten (10) days of the hearing with a copy to the applicant, which shall include the date of the final hearing before the Town Council. The Town Council shall hold a final public hearing on all applications for administrative review submitted from the zoning board of appeals after a hearing has been held the Town Council shall consider the recommendations of the zoning board of appeals but shall not be bound thereby. The date for the public hearing before the Town Council shall, whenever feasible, be set at the same time the hearing date is set for the zoning board of appeals and may be included in the advertisement for the zoning board of appeals hearing, if known. Notice of the public hearing before the Town Council shall be published in a newspaper of general circulation within the Town ten (10) days prior to the final public hearing. The Town Council shall make a final determination of approval, approval with conditions attached, or denial at the final public hearing and a written order shall be issued within ten (10) days of the hearing date.

(b)

Variances. The zoning board of appeals shall have the duty and authority to hear applications for variances as set forth herein and make recommendations to the Town Council within the guidelines in this chapter. When an application for variance is submitted to the Town, such application shall be submitted to the plan review committee for recommendation to the zoning board of appeals. Upon determination by the Town that the application is complete, a public hearing shall be set in accordance with the procedures set forth herein.

(1)

Public hearing, zoning board of appeals. A public hearing shall be held by the zoning board of appeals on all applications for variances. In considering recommendations of approval or denial of the application, the zoning board of appeals must consider that variances may only be permitted where there are unusual and practical difficulties in carrying out the provisions of this chapter due to an irregular shape of the lot, topographical irregularities, or other specific site conditions. The zoning board of appeals shall consider, whether, owing to these special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the zoning board of appeals must find that:

a.

Special conditions and circumstances exist which are peculiar to the land structure or building involved and that these conditions and/or circumstances are not applicable to other lands, structures or buildings in the same zoning district.

b.

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

c.

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

d.

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.

e.

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

f.

The grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In recommending variances to the Town Council, the zoning board of appeals may prescribe appropriate conditions and safeguards in conformity of this chapter.

(2)

Public notice. Notice requirements for public hearings on variance applications before the zoning board of appeals shall be the same as those for administrative review, as specifically set forth in section 23-63(a)(2) above.

(3)

Public hearing, Town Council. The zoning board of appeals shall transmit its written recommendation to the Town Council within ten (10) days of the hearing with a copy to the applicant, which shall include the date of the final hearing before the Town Council. The Town Council shall hold a final public hearing on all applications for variances submitted from the zoning board of appeals after a hearing has been held by that board. The Town Council shall consider the recommendations of the zoning board of appeals but shall not be bound thereby. The date for the public hearing before the Town Council shall, whenever feasible, be set at the same time the hearing date is set for the zoning board of appeals and may be included in the advertisement for the zoning board of appeals hearing, if known. Notice of the public hearing before the Town Council shall be placed in a local newspaper approximately ten (10) days prior to the final public hearing. In making a final determination on approval, approval with conditions attached, or denial of any application for variance, the Town Council shall follow the same procedures and standards utilized by the zoning board of appeals as set forth herein. A final determination shall be made by the Town Council at the final public hearing and a written order shall be issued within ten (10) days of the hearing date.

(4)

Violations; time limitations. Violations of such conditions and safeguards as prescribed by the Town Council when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and the variance shall be considered void. Variances shall become void if not exercised within six (6) months of the date granted. Before this six (6) month period has expired, the applicant may make a written request to the Town Council for an additional six (6) months extension. Any further extensions of time shall require a new application to be processed as a new case.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-17-2019, § 8, 11-25-19; Ord. No. O-02-2020, § 2, 3-23-20)

(a)

Special exceptions authorized by Town Council. The Town Council shall have the power to grant or deny special exceptions as provided for in this chapter. When an application for special exception is submitted to the Town, such application shall be submitted to the development services director for review and recommendation to the Town Council. Upon receipt of the development service director's recommendation, a public hearing shall be set in accordance with the procedures set forth herein. A determination shall be made by the Town Council on each application for special exception at the public hearing and a written order shall be issued within ten (10) days of the hearing date.

(b)

Standards for granting special exceptions. Prior to granting a special exception, the Town Council shall ensure that:

(1)

All structures shall be separated from adjacent and nearby uses by appropriate screening devices.

(2)

Excessive vehicular traffic if not generated on residential streets.

(3)

A vehicular parking or traffic problem is not created. A traffic analysis of the proposed special exception use shall be submitted in accordance with section 23-47(g).

(4)

Appropriate drives, walks, and buffers are installed.

(5)

The proposed use will make a substantial contribution to the neighborhood environment and will not infringe on the rights of properties in the vicinity of the excepted use.

(6)

The proposed use does not endanger, restrict, or impair public safety.

In granting special exceptions, the Town Council may prescribe reasonable conditions and safeguards as are appropriate under this chapter.

(c)

Public notice. Notice requirements for public hearings on special exception applications before the Town Council shall be the same as those for administrative review as specifically set forth in section 23-63(a)(2).

(d)

Conditions of approval. In granting special exceptions, the Town Council may prescribe reasonable conditions and safeguards as are appropriate under this chapter. A final determination shall be made by the Town Council on each application for special exception at the final public hearing and a written order shall be issued within ten (10) days of the hearing date.

(e)

Violations; time limitations. Violations of such conditions and safeguards as prescribed by the Town Council, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and the special exception shall be considered void. Special exceptions shall become void if not exercised within six (6) months of the date granted. Before this six-month period has expired, the applicant may make a written request to the Town Council for an additional six (6) months' extension. Any further extensions of time shall require a new application to be processed as a new case.

(Ord. No. O-17-2019, § 9, 11-25-19; Ord. No. O-02-2020, § 3, 3-23-20)