(1)

All applications for rezoning shall be done by application to the village. The application may be initiated by property owners to rezone their own property or by the village manager. Any such application, except by the village manager, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget together with a deposit of the estimated cost of the village processing the application. Upon the village determining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant.

(2)

All applications concerning rezoning shall be upon forms to be supplied by the community development department.

(3)

Whenever, after review, investigation and hearing, any application for a change of district classification has been denied, an application for a like change cannot be reinstated for a period of at least one (1) year after said denial.

(4)

Public notice of all hearings shall be provided as required by section 21-3 of the village Code.

(Ord. No. 2020-06, § 26, 9-24-20)

Editor's note— A copy of the forms to be used are attached to Ord. No. 185-68 as exhibit 1, from which ordinance section 45-49 was derived.

(1)

Generally. All applications for variances to regulations or restrictions established by this chapter or otherwise permitted by this code shall be initiated by application to the village. The application may be made by any property owner or tenant or by a governmental office, department, board or bureau and filed with the community development department of the village. Any such application, except by a governmental agency, must be accompanied by the filing fee established in the master fee schedule adopted annually as part of the village budget.

(2)

Variance application process.

a.

Generally. Upon receipt of an application for a variance, the community development director shall schedule the variance for review and processing. Variances shall be processed and noticed pursuant to section 23-3.

b.

Application requirements. Variance requests shall contain information sufficient in detail to reasonably apprise the community development director or his/her designee, and the planning, zoning and adjustment board of the nature and substance of the proposed variance. Variance requests shall be filed by written application to the community development department. Each application shall be accompanied by the applicable fee and shall contain the following information or as otherwise required on the community development department application submittal checklist:

1.

A legal description of the subject property with a sealed land survey prepared by a registered land surveyor.

2.

A detailed description of the requested variance and a justification statement detailing how the variance meets each of the criteria set forth in subsection (3)b below.

3.

Dimensioned plans showing the improvements that are the subject of the variance request.

4.

The person filing the application must be the property owner or an agent of the property owner. Proof of ownership must be provided. If the applicant is other than the owner of record, a power of attorney from the owner of record to the applicant shall accompany the application affirming that the owner has granted full authority to the applicant to apply for the relief requested in the application. If the applicant representing the property owner is an attorney licensed to practice in this state, no power of attorney shall be required; however, the attorney shall sign the application and indicate his or her representative capacity.

5.

Copy of a list of property owners within five hundred (500) feet of the subject property from the Palm Beach County Property Appraiser's Office and stamped and addressed envelopes for the surrounding property owners within five hundred (500) feet of the subject property.

(3)

Variance standards, notice, guidelines, and review criteria.

a.

Burden of proof. The burden of demonstrating that the request meets the variance review criteria shall be on the applicant.

b.

Public notice. Public notice of the variance application shall be provided as required by section 21-3 of the village code.

c.

Review criteria. A variance is subject to the following criteria unless otherwise specified in this chapter, and shall not be granted unless and until the planning, zoning and adjustment board determines that:

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 ordinance to other lands, buildings, or structures in the same zoning district;

4.

That literal interpretation of the provisions of the subject ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance 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;

6.

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

d.

Conditions and safeguards. In granting a variance, the planning, zoning and adjustment board may prescribe appropriate conditions and safeguards as are, in the board's opinion, necessary to protect the public interest. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

e.

Use variances not authorized. Under no circumstances, except as expressly authorized, shall the planning, zoning and adjustment board grant a variance to allow a use not permitted in the applicable zoning district involved or any use expressly or by implication prohibited in the zoning district by the terms of the code. 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.

(4)

Expiration of variance.

a.

Unless otherwise set forth in the written order, the variance shall expire one (1) year from the date of the planning, zoning and adjustment board's order granting the variance if a building permit, where required by law, has not been issued in accordance with the plans and conditions upon which the variance was granted; and

b.

The variance shall expire if a building permit issued in accordance with the plans and conditions upon which the variance was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of building permits.

(5)

Decision and written order. A concurring vote of four (4) of the seven (7) board members shall be necessary to grant a variance. The planning, zoning and adjustment board's decision on a variance application shall be set forth in a written order. An order granting a variance shall contain all appropriate conditions and safeguards as determined by the board. The order shall be forwarded to the village clerk and shall be sent to the applicant and/or the applicant's agent and shall become part of the public records.

(6)

Judicial review. Any person or persons, jointly or severally, aggrieved by any decision of the planning, zoning and adjustment board may seek judicial review in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida within thirty (30) days after rendition of the decision by the planning, zoning and adjustment board. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the planning, zoning and adjustment board.

(Ord. No. 2020-06, § 26, 9-24-20; Ord. No. 2023-18, § 4, 10-12-23)

(1)

In the C-MU and C-NB zoning districts, waivers may be requested from certain regulations in this Code. An applicant requesting a waiver shall demonstrate that the waiver provides a public benefit, including, by way of example, high-quality architectural design, pedestrian amenities, not cost dedication of rights-of-way, construction of public parking, public art or other improvements adjacent to the property, preservation of environmentally-sensitive lands, provision of public parks and/or open spaces, or mixed uses which reduce impacts on village services.

(2)

An application for such waiver may be made by any property owner or tenant or by a governmental office, department, board or bureau. Such applications shall be filed with the community development director of the village, using forms supplied by the director, who shall transmit the same, together with all the plans, specifications, application materials, and other papers pertaining to the application, to the planning commission. The applicant shall identify each waiver request in writing as part of the application, fully explaining the nature of the request, the extent to which it departs from a standard zoning regulation, and the basis for which it is sought.

(3)

The planning commission will hold a public hearing in conjunction with the site plan and appearance review hearing for the subject property (see sections 6-30—6-60). When evaluating waiver requests, the planning commission will consider the following factors and any additional criteria set forth in the relevant zoning district:

a.

The extent to which the alternate standard proposed by the applicant differs from the code's standard that would be waived;

b.

Whether the granting of the waiver will lead to innovative design in which other minimum standards are exceeded;

c.

Whether the request clearly demonstrates the public benefits to be derived;

d.

Whether the request furthers the goals of the village master plan, and exemplifies the architectural, building, and site design techniques desired within the Village's Appearance Plan;

e.

Whether the requested waiver can be granted in the zoning district;

f.

Any unusual circumstances regarding the property or immediate area, including the location of power lines, specimen trees, or shade trees;

g.

The effect of approving or denying the waiver on the development project and on the surrounding area;

h.

Consistency with the comprehensive plan;

i.

Recommendations of village staff;

j.

Testimony from the applicant; and

h.

Testimony from the public.

(4)

At the end of the public hearing, the planning commission will make a decision on each requested waiver. Approval is contingent on the planning commission making these findings and any additional findings set forth in the relevant zoning district:

a.

The alternate standard proposed by the applicant is acceptable for the specific site and building;

b.

The proposed waiver does not detract from the design principles supporting these zoning districts and the broader intent of this Code;

c.

The proposed waiver will not be injurious to surrounding properties or nearby neighborhoods; and

d.

The proposed waiver is not inconsistent with the Comprehensive Plan.

(5)

The planning commission's action on waivers will be considered a recommendation to the village council instead of a decision if a special exception was requested along with one (1) or more waivers, or if a waiver was requested for an extra story pursuant to 45-31.E.4, or if the concurrent site plan and appearance decision is appealed in accordance with section 6-35. The village council will make a decision on such waivers at the same time that a decision is made on all other aspects of the application.

(6)

The applicant or any interested party may file an appeal to the village council on any decision on waivers. Such an appeal will also function as an appeal of the site plan and appearance application. The appeal shall be filed or made within ten (10) days after decision of the planning commission on forms provided by the village. Appeals shall set forth the alleged inconsistency or nonconformity with procedures, criteria, or standards set forth in this Code. The village council shall decide an appeal within thirty (30) days of the filing of such appeal unless an extension of time is consented to by the applicant, and such filing shall suspend any building permit issued pursuant to the ruling of the planning commission until the village council has decided the appeal. The village council may review any decision of the planning commission and their disposition of the matter shall be final.

(7)

Public notice of all waiver hearings shall be provided as required by section 21-3 of this Code.

(Ord. No. 2020-06, § 26, 9-24-20)

(1)

Review by the planning, zoning and adjustment board. The planning, zoning and adjustment board shall review and decide appeals from any person who has been adversely affected by a decision or order of an administrative official in the interpretation or application of the zoning code or any land development regulation. The planning, zoning and adjustment board may modify, reverse, or affirm the administrative official's decision or order interpreting or applying the provisions of the zoning code or any land development regulation.

(2)

Filing. Administrative appeals shall be filed by written application using the form provided by the community development department. All applications shall be accompanied by the processing fee established by the village council and all supporting evidence pertaining to the appeal. All appeals shall be filed with the community development department within fifteen (15) days of the administrative decision, act, interpretation, or order to which the appeal is directed.

(3)

Processing.

a.

All applications for administrative appeals shall be scheduled for a hearing before the planning, zoning and adjustment board on the next available agenda.

b.

The applicant or the applicant's agent or attorney shall present the appeal at a public hearing before the planning, zoning and adjustment board. The burden of demonstrating an error in such decision or order shall be on the applicant.

c.

The administrative official whose decision or order is being challenged shall present evidence, through testimony, documents or otherwise, supporting in the initial decision or order.

d.

The concurring vote of four (4) of the seven (7) board members shall be necessary to reverse any order, requirement, or decision of an administrative official.

e.

Upon a decision, the planning, zoning and adjustment board shall issue a written order. The order shall be forwarded to the village clerk and shall be sent to the applicant and/or the applicant's agent and shall become part of the public records

(4)

Judicial review. Any person or persons, jointly or severally, aggrieved by any decision of the planning, zoning and adjustment board may seek judicial review in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida within thirty (30) days after rendition of the decision by the planning, zoning and adjustment board. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the planning, zoning and adjustment board.

(5)

Stay of work and proceedings on appeal. An appeal to the planning, zoning and adjustment board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the planning, zoning and adjustment board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by order of the planning, zoning and adjustment board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 2023-18, § 4, 10-12-23)