(a)

No action shall be taken on any application until a public hearing has been held, with due public notice.

(b)

The village council shall either approve or disapprove the application as submitted; approve the application as amended or conditioned; or defer action as council determines.

(c)

Representations made at the public hearing by the applicant, including graphic materials or oral commitments, that relate to additions or deletions from the site plan application or additional conditions of approval, shall be made part of the record and considered an amendment to the application that is before the village council for action, and subject to enforcement under the provisions of this Code.

(Ord. No. 2020-08, § 2, 1-9-2020)

(a)

Members; terms; compensation. A planning and zoning board for the village is hereby established, consisting of five regular and two alternates, collectively referred to as "members" in this section. The alternate members shall attend all meetings, but shall not vote unless a regular member is absent, with the senior alternate member having priority to vote over the junior alternate member if both are present. Members shall be appointed by a majority vote of the village council from the citizens at-large of the village and shall serve without compensation. The village council shall designate senior and junior alternates. All members shall be appointed for terms of three years, including alternates. The planning and zoning board shall elect a chairman and vice-chairman. The village clerk shall act as the recording secretary for the board.

(b)

Vacancies. Any vacancy occurring on the planning and zoning board shall be filled by the village council as expeditiously as possible.

(c)

Meetings. Meetings of the planning and zoning board shall be held at the call of the chairman or at other times as the planning and zoning board or planning, zoning and building director may determine. The planning and zoning board shall fix by rule the way the chairman shall issue any call for a meeting and the amount of notice required for any call. The planning and zoning board shall also fix by rule the manner, including the amount of notice, in which meetings other than those at the call of the chairman may be held.

(d)

Power and duties. The planning and zoning board shall have the authority and duty to consider and make recommendations upon applications submitted for district boundary changes, special exceptions, land development district changes (amendments) and others set forth in this section after first considering the recommendations thereon of the village manager or his representative, and after a determination of the fact that the application would not generate excessive noise or traffic; tend to create a fire, disease or other equally or greater dangerous hazard; provoke excessive crowding or over concentration of people; be in harmony and compatible with the present and future developments of the area concerned; provide for the appropriate use of land and water; provide light and air in amounts adequate to promote the health of the community; promote such a distribution of population and such a classification of land uses, development and utilization as will tend to facilitate and provide adequate provisions for public requirements and improvements; would not be disruptive to the character of the neighborhoods or adverse to playgrounds, parks, schools and recreation areas; and would not be adverse to the promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare. The planning and zoning board's duties shall also include the following:

(1)

Hear applications for district boundary changes.

(2)

Hear applications for changes in the regulations.

(3)

Hear applications for special exceptions permitted by this article.

(4)

Acquire, maintain, and update basic data, statistics, charts, maps and any other information necessary to accurately depict and record existing conditions for the purpose of analyzing, interpreting and projecting trends and future potentialities with respect to population, economic base, property values, building construction, tourist and traffic impact, transportation, housing, public facilities, utilities, recreation and land use of the village and related area.

(5)

Recommend principles and policies for guiding action in the development of the area.

(6)

Conduct public hearings, as required, to gather information necessary for the drafting, establishment and maintenance of the comprehensive plan and any additional public hearings that are specified and required by other ordinances.

(7)

Make or cause to be made, any special studies related to the adequacy of public related facilities in the area.

(8)

Review, pass upon and recommend to the village council all preliminary plats for the subdivision of land within the village and recommend subdivision regulations and subsequent amendments thereto to the village council.

(9)

Review and make recommendations to the village council on all acquisitions of property for public purposes, all sales or dispositions of public property and all allocations or changes of use of public property.

(10)

Conduct all public hearings necessary for the proper performance of its duties as may be assigned to the planning and zoning board by the village council or the terms of this article.

(11)

Hear applications for variances from the village's land development code.

(12)

Hear appeals from decisions of the planning, zoning and building director that relate to the village's land development code.

(13)

Hear applications for minor site plans. For the purposes of this subsection, the term "minor site plan" means one in which the requested approval or revision involves:

a.

Residential projects of three to five dwelling units;

b.

Nonresidential projects, including change of use requests, not exceeding 3,000 square feet in floor area; or

c.

Site plan amendments affecting less than 10,000 square feet of floor area.

(Ord. No. 2020-08, § 2, 1-9-2020)

(a)

Minor site plans. Applications for minor site plan considerations shall conform to the requirements of division 5, site plan.

(1)

The planning and zoning board may approve, approve with conditions, or deny an application for minor site plan consideration.

(2)

Appeal. If an application for a minor site plan is denied or is approved with conditions unacceptable to the applicant by the planning and zoning board, the applicant must file a letter requesting an appeal, within 15 days of the decision, to appeal to the village council for review of the decision. The appeal shall be made by letter to the village clerk and a copy filed with the planning, zoning and building director. In such event, the planning and zoning board's denial shall act as a recommendation and the application will be automatically placed on an upcoming village council meeting. The village council shall hold a public hearing to consider the application and may reject, approve, or amend the decision of the planning and zoning board. Appeal from a final decision by the village council shall be to the circuit court by filing a petition for writ of certiorari within 30 days of the decision.

(b)

Variances.

(1)

The planning and zoning board shall authorize, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship, including any alterations to nonconforming or grandfathered uses or structures. In order to authorize any variance in the terms of this chapter, the land development board must and shall find 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, structures or buildings in the same land development district.

b.

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

c.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same land development district.

d.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same land development 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.

g.

Such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(2)

In granting any variance, the planning and zoning board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation 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. The planning and zoning board may also prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. Under no circumstances, except as permitted in this section, shall the planning and zoning board grant a variance to permit a use not generally permitted in the land development district involved. No nonconforming or grandfathered use of neighboring lands, structures or buildings in the land development district shall be considered grounds for the authorization of a variance. Financial hardship is not to be considered alone as enough evidence of a hardship in the grant of a variance. A variance granted under the provisions of this chapter shall automatically lapse if building construction, in accordance with the plans for which such variance was granted, has not been initiated within one year from the date of granting of such variance by the planning and zoning board, or, if judicial proceedings to review the land development board's decision are instituted, from the date of entry of the final order in such proceedings, including all appeals.

(c)

Appeals from decisions of planning, zoning and building director.

(1)

Initiation of appeal. An appeal by an aggrieved party taken from any interpretation, requirement, decision or determination made by the planning zoning and building director or her/his designee who is charged with making the final determinations in the enforcement of any land development regulations adopted pursuant to this chapter, shall be filed in writing, with the village clerk within 30 days after the rendition of the written decision, interpretation, or determination of the planning zoning and building director. The secretary for the board shall immediately provide written notice of the appeal to the planning zoning and building director of the decision being appealed. The failure of an aggrieved party to file an appeal within the 30-day period shall render the appeal untimely and the appeal shall be summarily dismissed by the board and may not be heard by the board.

(2)

Application for appeal.

a.

All appeals of administrative decisions shall be made by completing and submitting a technically complete appeal form, using forms prescribed by the village together with the payment of the appeal filing fee. The appeal filing fee is an administrative cost that has been established by resolution of the village council and which may be amended from time to time. The aggrieved party may provide additional information and documentation in addition to the information requested on the village form. The appeal shall specify at a minimum the following:

1.

A detailed description of the decision, interpretation, requirement, or determination which is being appealed.

2.

A copy of the written decision, interpretation, requirement, or determination which is being appealed which also reflects the date when such action was taken by the planning zoning and building director.

3.

The form of relief that the aggrieved party ("appellant") is requesting.

4.

A statement as to whether any code enforcement proceedings have been initiated by the village that involve the subject matter of the appeal and if the subject of the appeal has been heard and ruled upon by the village's special magistrate.

5.

The sections of the village land development code that are at issue.

6.

The appeal application form must be executed, sworn to under oath, and notarized by the owners of at least 75 percent of the property affected by the decision appealed. If the appeal is submitted by an agent of the property owner or an agent of a tenant or a contract purchaser, or other person aggrieved by the decision, the appeal must be accompanied by a written power of attorney appointing the agent to act on behalf of the aggrieved party or appellant in the proceedings. The power of attorney shall be subject to review as to form and legal sufficiency by the village attorney and may be rejected if the document is not deemed legally sufficient in the sole discretion of the village attorney.

7.

Attach all documents and other tangible evidence to support your position in the appeal.

b.

If an aggrieved party or appellant fails to submit a technically sufficient appeal using the application form provided by the village, the appeal will not be scheduled for hearing until a technically complete appeal has been submitted. The submission of an appeal that is not technically sufficient, does not toll the running of the 30 days appeal period, and unless a sufficient appeal is received with the 30-day period, the appeal will be forever time barred.

c.

All properties described in one application must be contiguous and immediately adjacent to one another, and the administrative official may require more than one application if the property concerned contains more than ten acres or if the fee paid for one application would not equal the cost of processing the application.

d.

Only applications which the land development board is authorized to consider and act upon shall be accepted for filing, and no application shall be considered or construed to be filed until the required fee has been paid.

(d)

Notice for quasi-judicial hearings. Every application to the village council or other village board shall include a list of all properties and their owners within 300 feet of the subject property with addressed, stamped envelopes for each property owner on said list. The address provided for each property owner shall be the same address provided for in the most current Palm Beach County property tax rolls. The stamped envelopes shall include sufficient postage to cover regular mailing costs for a one-page notice to be sent by village staff to each property owner. Said courtesy notice shall generally describe the application to be considered and the date and time of the meeting considering said application. Costs of the courtesy notice and copying thereof shall be borne by the applicant and be in addition to the application fee. Failure of a property owner to receive said courtesy notice shall not invalidate the decision of the council or board. Due public notice for all applications to the council or board shall be considered provided when village staff mails out the courtesy notice in the addressed, stamped envelopes provided by the applicant and the applicant posts the subject property.

(e)

Quasi-judicial hearing procedures.

(1)

All quasi-judicial hearings of the council or board shall be open to the public, as provided by law.

(2)

The planning zoning and building director or designee shall attend all meetings quasi-judicial hearings and be permitted to propose questions, give evidence, and make recommendations.

(3)

The village clerk or his/her designated deputy clerk may administer oaths, and the chairman or acting chairman may compel the attendance of witnesses in the same manner as prescribed in the circuit court.

(Ord. No. 2020-08, § 2, 1-9-2020)

Pursuant to the provisions of F.S. § 163.3174, the village council is hereby designated as the local planning agency for the village.

(Ord. No. 2020-08, § 2, 1-9-2020)

(1)

Appointment. There is hereby established a board to be called the construction board of adjustment and appeals, which shall consist of five members and two alternates. The village council shall appoint the board.

(2)

Membership and terms.

(a)

Membership. The construction board of adjustment and appeals shall consist of five members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, if possible, an architect. engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category or building inspectors, plans examiners, or building officials licensed by F.S. ch. 468. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest.

(b)

Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve three-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12-month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office.

(c)

Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this Code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, shall be required. If regular members are unable to attend a meeting, the alternate members, if appointed, shall vote.

(d)

Secretary of board. The village clerk or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote.

(3)

Powers. The construction board of adjustments and appeals shall have the power, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes.

(4)

Appeals/variances.

(a)

Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the construction board of adjustment and appeals whenever any one of the following conditions are claimed to exist:

1.

The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2.

The provisions of this Code do not apply to this specific case.

3.

That an equally good or more desirable form of installation can be employed in any specific case.

4.

The true intent and meaning of this Code or any of the regulations hereunder have been misconstrued or incorrectly interpreted.

(b)

Variances. The construction board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following:

1.

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

2.

That the special conditions and circumstances do not result from the action or inaction of the applicant.

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system.

4.

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system.

5.

That the grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare.

(c)

Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of the conditions of a variance shall be deemed a violation of this Code.

(d)

Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. The failure of an aggrieved party to file an appeal within the 30-day period shall render the appeal untimely and the appeal shall be summarily dismissed by the board and may not be heard by the board.

(e)

Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period.

(5)

Procedures of the board.

(a)

Rules and regulations. The board may establish rules and regulations for its own procedure not inconsistent with the provisions of this Code.

(b)

Application for appeal.

1.

All appeals of administrative decisions shall be made by completing and submitting a technically complete appeal form using forms prescribed by the village together with the payment of the appeal filing fee. The filing fee is an administrative cost that has been established by resolution of the village council and which may be amended from time to time. The aggrieved party or appellant may provide additional information and documentation in addition to the information requested on the village form. The appeal shall specify at a minimum the following:

a.

A detailed description of the decision, interpretation, requirement or determination which is being appealed.

b.

A copy of the written decision, interpretation, requirement or determination which is being appealed which also reflects the date when such action was taken by the building official.

c.

The form of relief that the aggrieved party ("appellant") is requesting.

d.

A statement as to whether any code enforcement proceedings have been initiated by the village that involve the subject matter of the appeal and if the subject of the appeal has been heard and ruled upon by the village's special magistrate.

e.

The sections of the village code and/or the Florida Building Code that are at issue.

f.

The appeal application form must be executed, sworn to under oath and notarized by the owners of at least 75 percent of the property described in the application. If the appeal is submitted by an agent of the property owner or an agent of a tenant or contract purchaser, or other person aggrieved by the decision, the appeal must be accompanied by a written power of attorney appointing the agent to act on behalf of the appellant in the proceedings. The power of attorney shall be subject to review as to form and legal sufficiency by the village attorney and may be rejected if the document is not deemed legally sufficient in the sole discretion of the village attorney.

g.

Attach all documents and other tangible evidence to support your position in the appeal.

2.

If an aggrieved party/appellant fails to submit a technically sufficient appeal using the application form provided by the village, the appeal will not be scheduled for hearing until a technically complete appeal has been submitted. The submission of an appeal that is not technically sufficient, does not toll the running of the 30-day appeal period, and unless a sufficient appeal is received with the 30-day period, the appeal will be forever time barred.

3.

All properties described in one application must be contiguous and immediately adjacent to one another, and the administrative official may require more than one application if the property concerned contains more than ten acres or if the fee paid for one application would not equal the cost of processing the application.

4.

Only applications which the board is authorized to consider and act upon shall be accepted for filing, and no application shall be considered or construed to be filed until the required fee has been paid.

(Ord. No. 2020-08, § 2, 1-9-2020)

(a)

Authority.

(1)

The land development director is hereby granted the power and authority to grant administrative and ministerial approval and to vary the provisions of this chapter only as provided in this section. Generally, such procedure is to provide for an efficient and effective review and approval process for certain minor aspects of development in the village. Pursuant to the following, the land development director may review and approve, approve with conditions or deny:

a.

Yard setbacks. Any yard setback variance request which does not exceed 110 percent of the requirement set forth in this chapter (for example, where a yard setback is 15 feet and the variance request does not exceed 1.5 feet of relief or a reduction to a 13.5-foot setback).

b.

Fences, walls and hedges. Any variance request for a fence, wall or hedge height or location, or other buffer screening matter.

c.

Other administrative approvals, minor chapter variances and site plan amendments. Any other de minimus approval or minor chapter variance (not including setback variances or fences, walls and hedges as set forth in subsections (a)(1) and (a)(2) of this section) or any minor site plan revision or amendment for items including, but not limited to, those affecting drainage, easements, bulkheads, docks, flood elevation, curbing and curb cuts, medians, solid waste collection, principal or accessory structures or lots, signage, landscape, lighting, parking, driveways or utilities, and including a change of use from one permitted use to another permitted use. For the purposes of this subsection, the term "de minimus approval", "minor chapter variance" or "site plan revision" means one in which the requested approval or change:

1.

Consists only of a single-family or duplex residence;

2.

Does not increase or enlarge the density, intensity of use, footprint or any dimension of the overall plan by more than five percent;

3.

Does not increase or enlarge the footprint of commercial or multifamily (five or more dwelling units) buildings by more than 1,000 square feet of building or more than 1,000 square feet of additional impervious area;

4.

Does not increase or enlarge the footprint of multifamily (four or fewer dwelling units) buildings by more than 360 square feet of building or more than 360 square feet of additional impervious area; and

5.

Does not violate the scope and intent of a site plan previously approved by the village council.

(2)

When authority to do so is conferred as a condition of zoning approval, plat approval or site plan approval by the village council, the land development director may approve, approve with conditions or deny any final development plan.

(b)

Intent. By adoption of the ordinance from which this section is derived, the village council intends that the planning zoning and building director shall use the provisions of section 34-603 as a guide. Because the nature of the variances permitted in this section are minor, the strict adherence to the hardship requirements for a variance of this chapter granted by the land development board shall not pertain, and the land development director shall be free to use reasonableness, as well as an awareness of community needs and aesthetics, in addition to the criteria set forth in section 34-603, as a basis for all decisions.

(c)

Procedure not exclusive. Nothing contained in this section shall require that an applicant submit any variance request to the planning zoning and building director for consideration. It is the intent of the village council that the procedure set forth in this section shall be summary in nature and nonexclusive, and that any applicant shall be free to apply to the planning and zoning board or use other available administrative or legal process.

(Ord. No. 2020-08, § 2, 1-9-2020)

(a)

The planning and zoning board shall review all requests for special exception uses, with the exception of minor special exception uses, except on appeal, and forward their recommendations on the request to the village council for their consideration. The village council shall hear and decide requests for special exception uses in a quasi-judicial proceeding. Any person aggrieved by a decision of the council may appeal the final order of the council in accordance with the Florida Rules of Appellate Procedure.

(b)

In reviewing a request for a special exception use, the village council shall take into consideration all technical, relevant factors and the factors and criteria set forth herein. A special exception use shall not be approved unless an applicant establishes that all the following criteria are met:

(1)

The proposed special exception use is consistent with the goals, objectives, and policies of the village'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.

(7)

The proposed use would enhance and/or promote redevelopment of the village, fulfill redevelopment objectives, and/or have a positive economic impact on the village, including creating new jobs, economic growth and provide needed community-serving (neighborhood retail and commercial) uses and businesses.

(c)

Should the village council determine that the proposed special exception use is not consistent with the criteria outlined hereinabove, it may either deny the application or impose such conditions of approval as it deems necessary to mitigate the adverse impacts of the proposed special exception use. The conditions of approval 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 way 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 materials for berms, screening, landscaping and/or other facilities to protect and/or buffer adjacent or nearby property, including designating standards for installation and/or maintenance of the facilities.

(8)

Require the protection and/or relocation of additional trees, vegetation, water resources, wildlife habitat and/or other appropriate natural resources, and/or off-site landscape mitigation, dedication of park land or open space.

(9)

Require specific architectural details and/or design that produces 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 village's comprehensive plan.

(d)

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.

(e)

Minor special exception uses. Uses permissible in each land development district as a special exception use, comprising 3,000 square feet or less in floor area, including outdoor seating area, may be reviewed and approved by administrative decision of the planning zoning and building director, with the exception of the following uses which are not considered minor regardless of size: nightclub, bar, place of assembly (which may include, but is not limited to, a club, church, and meeting hall) any use with drive-in/drive-thru window service, medical marijuana treatment center and dispensary, adult entertainment, vehicle sales, and assisted living facility or community residential home.

(1)

The planning zoning and building director may solicit village staff, consultants and others that may be deemed appropriate to review and comment on the application and supporting technical and relevant factors. A minor special exception use shall not be approved unless an applicant establishes that all of the criteria of subsection 34-607(b) are met.

(2)

Should the planning zoning and building director determine that the proposed minor special exception use is not consistent with the criteria outlined in subsection 34-607(b), he/she may either deny the application or impose such conditions of approval as she/he deems necessary to mitigate the adverse impacts of the proposed special exception use. The conditions of approval 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, those outlined in subsection 34-607(c).

(3)

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

(4)

Appeal. Any person or entity who applies for a minor special exception use and is denied by the planning zoning and building director may appeal to the planning and zoning board for a minor special exception. Such appeal application shall be filed with the planning zoning and building director within 30 days of the planning zoning and building director's written denial. Any person or entity who applies for a minor special exception use and is denied by the planning and zoning board may appeal the planning and zoning board's decision to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the planning and zoning board. An appeal shall be filed within 30 days of the planning and zoning board's decision.

(f)

Special exception period of validity.

(1)

Every application for special exception shall conform to requirements established in section 34-684 and section 34-607 and be subject to the site plan review requirements established within this article.

(2)

If an applicant fails to effect a special exception within 18 months of the date of the final action of the village council, the special exception shall become null and void, and the uses permitted shall be limited to the permitted uses of the land development district in which the proposed use is located unless the property owner has applied for and received a time extension from the village council. No such time extension shall exceed one additional year.

(3)

An approved special exception use, including those on annexed properties originally approved by the county, that has ceased, been terminated, or is unutilized for a 12-month period after it is first effected per subparagraph (b) above, shall expire and become null and void, and use of the property shall be limited to the permitted uses of the land development district.

(Ord. No. 2020-08, § 2, 1-9-2020)

No person aggrieved by any planning and zoning decision, order, requirement, resolution, or determination of an administrative official, or by any decision of the village council, may apply to the court for relief unless the person has first exhausted the remedies provided for in this article and taken all available steps provided by this article.

(Ord. No. 2020-08, § 2, 1-9-2020)