In accordance with the procedures herein set out, the Town Commission is authorized in particular cases to grant such variance from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Code would result in unnecessary and undue hardship to the end that the spirit of this Zoning Code shall be observed and substantial justice done.

Under no circumstances shall a variance to the terms of this Zoning Code be granted to permit a use not permitted under the terms of this Zoning Code in the zoning district involved, or for any use expressly or by implication prohibited by the terms of this Zoning Code in the said zoning district. Upon the denial of an application for variance, in whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent like application affecting the same property.

(Ord. No. 0-08-97, § 3, 6-16-97)

No variance to this Zoning Code shall be granted unless and until the Town Commission shall find in the specific case that:

a.

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

b.

The special conditions and circumstances do not result from the actions of the applicant for variance;

c.

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

d.

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

e.

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

f.

The grant of the variance will be in harmony with the general intent and purpose of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

Every person requesting a variance shall make written application to the Town Clerk therefor and file the same, with the necessary copies thereof, with the supporting facts and data as required by this Zoning Code. The Planning and Zoning Board shall consider such applications and submit its recommendation to the Town Commission. A notice shall be mailed by regular mail to the owners of the property immediately adjacent thereto and across the street therefrom, at the address shown in the Palm Beach County Tax Collector's records advising of the time of the public hearings on said application before the Planning and Zoning Board and the Town Commission.

The Town Clerk shall also cause to be published in a newspaper of general circulation in the Town a brief summary of said application and the date of the hearing, said notice shall be published once at least ten (10) days prior to the date set for said hearing before the Planning and Zoning Board and the Town Commission, and notice shall be posted on the official bulletin board in the Town Hall and at two (2) other conspicuous locations in the Town.

No application shall be heard less than ten (10) days after mailing to property owners directly affected as herein provided; and all applications will be heard at regular meetings of the Planning and Zoning Board and Town Commission, unless otherwise ordered by the Board or Commission, with statement of the reasons therefor spread on the official minutes.

All costs and expenses in the application and notification to adjacent owners must be paid by the applicant before the hearing on the application of a variance.

Building permits for granted variances must be obtained within six (6) months of variance approval. A single renewable six (6) month period to obtain building permits may be allowed at the discretion of the Town Commission.

Any variance granted by the Town Commission prior to the enactment of Ordinance No. 201 on August 8, 1983, upon which a building permit was required not heretofore issued must be reviewed by the Planning and Zoning Board of Adjustment and Appeal.

The notice required pursuant to F.S. § 286.0105, as amended from time to time, shall appear on all Town public agenda notices.

(Ord. No. 133, § I, 12-24-74; Ord. No. 201, § 1, 8-8-83; Ord. No. 218, § 1, 12-9-85; Ord. No. 226, §§ 1, 2, 8-11-86; Ord. No. 241, §§ 1, 3, 9-14-87; Ord. No. 243, § 1, 10-19-87; Ord. No. 285, § 1, 10-14-91; Ord. No. O-6-22, § 1, 10-24-22)

The Town Commission shall have the power to grant or deny special exceptions as provided for in this section. When an application for Special Exception is submitted to the Town, such application shall be submitted to the Planning and Zoning Board for review and recommendation to the Town Commission. (Ord. No. 0-08-97, § 3, 6-16-97)

Under no circumstances shall a special exception to the terms of this Zoning Code be granted to permit a use not permitted by Special Exception under the terms of the Zoning Code. If a requested use is not specifically set forth under the district regulations as a Special Exception use, such use may not be granted by Special Exception. (Ord. No. 0-08-97, § 3, 6-16-97)

Prior to recommending the approval of a Special Exception to the Town Commission, the Planning and Zoning Board shall find that the following standards have been met. Additionally, prior to granting the approval of a Special Exception, the Town Commission shall insure that the following standards have been met, as well:

(a)

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

(b)

Excessive vehicular traffic is not generated on residential streets;

(c)

A vehicular parking or traffic problem is not created;

(d)

Appropriate drives, walks, and buffers are installed;

(e)

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; and

(f)

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

(Ord. No. 0-08-97, § 3, 6-16-97)

The procedures for requesting a Special Exception use and for the granting thereof shall be the same as for the variances. See Pf. 15.4 for details.

(Ord. No. 0-08-97, § 3, 6-16-97)

State Law reference— Notice requirements, F.S. § 286.0105.