The purpose and intent of this article is to provide for rules and procedures for the administration of this chapter in a fair and just manner; provide a clear procedure for the interpretation of the chapter; provide rules of procedure for the public review of development proposals; and to provide clear standards to the public.

(Ord. No. 220, § 300, 5-20-86)

The interpretation and application of the regulations and provisions of this chapter shall be reasonable and uniformly applied to all property within the incorporated area of the village.

The provisions of this chapter are the minimum requirements necessary to accomplish the purposes of this chapter. Whenever the requirements of this chapter are at variance with the applicable requirements of any other statute, rule, regulation or ordinance, the most restrictive requirements shall apply.

The director of planning and zoning shall interpret the provisions of this chapter as they may be applied to any real property or improvement thereon located in the village.

(Ord. No. 220, § 301, 5-20-86; Ord. No. 507, § 2, 10-3-96)

This chapter shall be administered and enforced by the village council, planning and zoning commission, and the director of planning, zoning and building in accordance with their specific roles as set forth in the Village Code of Ordinances.

No annexation, comprehensive plan amendment, zoning district boundary change, change in district or other regulations, modification of council-imposed requirements, special exception, site plan approval, variance, administrative appeal, building permit or certificate of occupancy shall be granted by the village council, planning and zoning commission, director of planning, zoning and building or any other agency, commission, or employee of the village except in compliance with the provisions of this chapter or pursuant to an order issued by a court of competent jurisdiction.

(Ord. No. 220, § 302.1, 5-20-86; Ord. No. 507, § 3, 10-3-96; Ord. No. 667, § 1, 5-13-03)

Any and every violation of the provisions of this chapter shall constitute a separate code violation for each and every day that the violation is found to be in existence. Such violations shall be the subject of notice, hearing, corrective and punitive actions by the village, pursuant to the provisions for code enforcement adopted by the village under the authority of Chapter 162, Florida Statutes.

Persons charged with such violations may include:

(a)

The owner, agent, lessee, tenant, contractor, or any other person using the land, building or premises where such violation has been committed or exists.

(b)

Any person who knowingly commits, takes part or assists in such violation.

(c)

Any person who maintains any land, building or premises in which such violation is found to exist.

The village's code enforcement remedies available under this section are not exclusive, but may be made in conjunction with or in addition to any other legal or administrative remedies available to the village under this chapter.

(Ord. No. 220, § 302.2, 5-20-86; Ord. No. 940, § 2, 1-19-17)

In addition to the penalties and enforcement procedures available to the code enforcement board or code enforcement special magistrate, and any other administrative remedies available to the village, the village council may institute any lawful civil action or proceeding to prevent, restrain or abate the following:

(a)

The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure, land, property or premises; or

(b)

The occupancy of such building, structure, land, property, premises or water.

(c)

The illegal act, conduct, business, or use, in or about such building, structure, land, property or premises; or

(d)

Each and every violation of the provisions of this chapter.

(Ord. No. 220, § 302.3, 5-20-86; Ord. No. 940, § 2, 1-19-17)

In addition to the penalties and enforcement procedures available to the code enforcement board or code enforcement special magistrate, and the village's ability to pursue legal remedies, the village may pursue the following administrative remedies for any and all violations of this chapter:

(a)

Cease and desist orders. The building official shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, structure, land, property or premises, and/or to his agent, lessee, tenant, contractor, or to any person using the building, structure, land, property or premises where a violation exists or has been committed.

(b)

Building permits and certificate of occupancy.

(1)

Issuance: No building permit or certificate of occupancy and use shall be issued for any purpose except in compliance with the provisions of this chapter and other applicable ordinances and laws, or pursuant to an order issued by a court of competent jurisdiction.

(2)

Revocation. The village may revoke a building permit or certificate of occupancy in those cases in which an administrative determination has been made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based, or in those cases in which an administrative determination has been made that a property owner, his agent, lessee, tenant, contractor or any person using the building, structure, land, property or premises has failed to comply with a cease and desist order issued by the building official.

(3)

Suspension. The village may suspend a building permit or certificate of occupancy where an administrative determination has been made that an error or omission, attributable to either the permit applicant or the village, existed in the issuance of the permit or certificate approval, or in those cases in which an administrative determination has been made that a property owner, his agent, lessee, tenant, contractor or any person using the building, structure, land, property or premises has failed to comply with a cease and desist order issued by the building official.

A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

(4)

Notice and administrative appeal. All decisions concerning the issuance, revocation or suspension of building permits and certificates of occupancy shall be stated in a written official notice to the permit applicant, and the owner if different from the permit applicant. Any administrative decision may be appealed to the village council with a recommendation from the board of adjustment.

(c)

Modifications and revocations of special exception use approvals.

(1)

Grounds. A special exception use approval may be modified or revoked by the village council for any of the following reasons:

a.

The applicant has misrepresented, or failed to disclose material facts or information to the village as part of its special exception use application;

b.

The applicant has violated village, county, state or federal laws relating to the special exception use activity on the premises, and has failed or refused to cease or correct the violation after having been notified to cease or correct the violation by the village within a time specified;

c.

The applicant has breached or failed to comply with the terms or conditions contained in the special exception use approval or upon which the approval was granted.

d.

The premises have been condemned by the local health authority for failure to meet sanitation standards;

e.

The applicant is conducting a business from a premises which does not possess a valid and current business tax receipt or other required governmental approval; or

f.

The activity, use or business being conducted on the premises has become detrimental to the health, safety and welfare of the public or community in general due to adverse effects generated, caused or created by the activity, use or business including, but not limited to, noise, traffic, odor, dust, change/modification to the previously approved full occupant load, square footage, acreage, floor plan, or site plan, or significant history of law enforcement response to reported incidents of criminal and/or illegal acts at the premises.

(2)

Procedures.

a.

Notice. Upon a determination by the village that one (1) or more of the grounds outlined above has occurred, the village shall schedule a hearing before the village council to consider modification or revocation of the previously approved special exception use. The village shall send the applicant written notice of such hearing at least twenty (20) calendar days prior to the hearing date. The written notice shall set forth specifically the grounds of the violation(s), the place where the hearing shall be held and the time and date thereof. All such notices shall be sent to the applicant by certified mail, and at the option of the village return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database. If no such address exists because the applicant is not a property owner, then such notice shall be sent to the address on file with the village that was listed on the special exception use application, the address on file with the village associated with the applicant's most recent business tax receipt, the physical address of the premises at issue, or the mailing address for the applicant's business listed with the Florida Department of State, Division of Corporations. Alternatively, hand delivery or any other manner of notice as provided in section 2-91 of the Village Code may be utilized. For purposes of this section, the applicant is the person or entity listed on the special exception use application, or if that person or entity no longer has an interest in the subject business, premises or real property, then the applicant shall mean the current owner of subject real property as listed by the county property appraiser. The village shall make an effort to provide this same notice to the owner(s) of the real property if different than the applicant. The lack of notice to such other interested parties, however, shall not prevent the village from proceeding with the public hearing to modify or revoke the previously approved special exception use.

b.

Public hearing before the village council. The public hearing before the village council to modify or revoke a previously approved special exception use shall be conducted as follows:

i.

Minutes shall be kept of all hearings, specifically including the vote of each councilmember upon each question, and all hearings and proceedings shall be open to the public.

ii.

All testimony shall be under oath and shall be recorded. The village council shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

iii.

All relevant evidence shall be admitted if, in the opinion of the village council, it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affair. The village council may exclude irrelevant or unduly repetitious evidence.

iv.

Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross examine opposing witnesses, impeach witnesses and rebut evidence.

v.

The alleged violator has the right at his own expense to be represented by an attorney at the hearing before the village council.

vi.

If notice of the public hearing has been sent to an alleged violator in accordance with this section, then the hearing may be conducted and an order rendered in the absence of the violator.

vii.

At the conclusion of the hearing, the village council shall issue a written order that includes findings of fact based on evidence of record and conclusions of law. As part of its order, the village council may modify all or a portion of the special exception approval, revoke all or a portion of the special exception approval, impose additional conditions on the special exception approval, or leave the special exception approval as-is.

viii.

The village council's order shall constitute the final administrative action of the village for purposes of judicial review under state law.

ix.

A certified copy of such an order may be recorded in the public records of Palm Beach County and shall constitute notice to any subsequent purchasers, successors in interest or assigns.

x.

Any continuance of the public hearing, if stated at the public hearing shall not require additional notice to the applicant or the public.

(3)

Appeals. Any person, firm or corporation claiming to be injured or aggrieved by final action of the village council under this section may present to the Circuit Court of Palm Beach County a petition for writ of certiorari to review such final action, as provided for under the Florida Rules of Appellate Procedure. Such petition shall be presented to the court within thirty (30) days after the date of such final action by the village council.

(4)

Miscellaneous.

a.

No refunds. No fees shall be refunded if a special exception use approval is modified or revoked, or if a business is closed pursuant to this section.

b.

Enforcement. If the applicant fails to seek timely appellate review of the village council's order, or fails to comply with such order, the village may pursue enforcement remedies including the closure of a business.

(Ord. No. 220, § 302.4, 5-20-86; Ord. No. 507, § 4, 10-3-96; Ord. No. 940, § 2, 1-19-17; Ord. No. 976, § 2, 10-4-18)

(a)

Types of petitions to be accepted. The application requirements and procedures in this chapter shall apply to the following types of petitions:

(1)

Voluntary annexations;

(2)

Comprehensive plan amendments;

(3)

District boundary changes (rezonings);

(4)

Special exceptions;

(5)

Site plan review by village council (required for all development applications for three (3) or more single-family units, multifamily developments, commercial and industrial structures and all other structure proposed to be developed in the village except a single-family home or duplex.)

(6)

Variances;

(7)

Zoning regulation text changes (text amendment of the zoning ordinance);

(8)

Modification of requirements imposed by village council on development orders.

(b)

General application requirements.

(1)

All properties included in a single application must be contiguous and immediately adjacent to one another. If properties do not meet these criteria, then they must be the subject of separate petitions and filing fees.

(2)

No application shall be accepted unless it is presented on the official forms provided by the village, accompanied by the required fee for that application which shall be set by resolution of the village council, and is in compliance with all information requirements enumerated herein, as amended from time to time.

(3)

No application for a development order shall be accepted by the village unless the application is consistent with the comprehensive plan. If a proposed development order is inconsistent with the comprehensive plan, then the applicant shall be required to petition for and obtain an amendment to the comprehensive plan prior to approval of any application under this chapter.

(4)

No application for a rezoning, special exception or site plan approval shall be accepted by the village unless such application is consistent with all applicable regulations of the zoning district in which the subject property is located, or to which it is proposed to be rezoned. The application must also meet all other requirements of this chapter as may be applicable. An application for a special exception not permitted in the zoning district in which the subject property is located must be accompanied by a petition to rezone the subject property to a zoning district in which the proposed special exception is permissible or for a text change in the zoning ordinance to allow the requested special exception in the zoning district in which the property is located. An application which requires a variance from the height, bulk, area, setback or other design requirements of the district in which the subject property is located may be accepted by the village, provided it is accompanied by an application for such variance and that no final site plan may be approved for the subject property until a required variance has been approved for the subject property by the village council.

(5)

An applicant may submit simultaneous applications for rezoning, special exception approval, and site plan approval, or any combination thereof.

(6)

All applications for development orders shall contain information and documentation sufficient to confirm the availability of public services and facilities. The burden of proving compliance with the levels of service requirements established by the village's comprehensive plan shall be upon the applicant seeking development approval. In order to be considered, applications for development order approval shall provide information sufficient to demonstrate compliance with the standards established in the comprehensive plan.

(7)

With the exception of requirements for personal or record notice, the village planning, zoning and building director may waive or modify any application requirement in this zoning code, upon request by the applicant, where such requirement is clearly not applicable to the subject application.

(8)

All applications for development orders or comprehensive plan amendments submitted under this chapter [section] may be subject to review by the village's traffic consultant. The applicant shall reimburse the village for the cost of that review and the reimbursement shall be made prior to council review.

(c)

Preapplication conference. All applicants are encouraged to meet with the village planning, zoning and building director and such other village staff as required to determine the feasibility and suitability of the proposed development and its relationship to the comprehensive plan and zoning ordinance. The purpose of the preapplication conference is to allow the developer and the village staff the opportunity to consult informally prior to the preparation of the formal application.

(d)

Application and review procedure.

(1)

All petitions subject to the provisions of this section shall be on and in accordance with the official forms provided by the village, and accompanied by the appropriate application fees. In addition to the application fees, all costs for legal advertisements and public notices to surrounding property owners shall be paid by the village and reimbursed by the applicant prior to placement on the applicable commission or village council agenda for final action.

(2)

Within seven (7) calendar days of receipt of an application, the village planning and zoning director shall schedule a meeting of technical staff to be held not more than twenty-one (21) days from the date of receipt of such application.

a.

The village manager shall designate technical staff to review applications submitted pursuant to this section.

b.

The village planning and zoning director shall review each application provided for under this section, shall certify applications to move forward to the planning and zoning commission or village council as applicable, and shall provide written recommendations to the planning and zoning commission or village council empowered to review the applications.

(3)

The village planning and zoning director may request the applicant to amend or revise the application to meet the requirements and regulations of this zoning code before certifying the application for inclusion on the official agenda of the village planning and zoning commission or the village council, as applicable. The village planning and zoning director's certification of applications shall be a prerequisite to action on applications by the planning and zoning commission or the village council as applicable. Prior to the planning and zoning director's certification, the applicant shall obtain written confirmation from each technical staff person that their comments to the application have been addressed, either by plan revision or by recommended condition(s) of approval. An initial determination of concurrency will occur during the technical staff review of applications for development approval; concurrency determinations are indicated to the applicant at the technical staff review meeting.

(4)

Within forty-five (45) days of certification by the planning and zoning director of applications subject to the provisions of this section, a public hearing on said application shall be held by the planning and zoning commission. The planning and zoning commission, or its members acting as the local planning agency, shall hold a public hearing and act upon the application and recommend to the village council approval, approval with changes and/or conditions, or denial of the application, as is appropriate for that application.

(5)

The planning and zoning commission shall, when applicable and prior to village council consideration of the application, review the application and provide comments and recommendations to the village council regarding the materials and colors used on exterior elevations and the landscape plan; and approval of signage pursuant to sections 2-75.27 and 20-27. Where the planning and zoning commission has final approval authority over an application pursuant to chapter 2 at division 6 of this Code of Ordinances, violations of any or all conditions of approval imposed by the planning and zoning commission on said application may subject the applicant, owner, his agent, lessee, tenant, contractor or any person using the building, structure, land, property or premises to the penalties outlined in sections 26-29—26-31.

(6)

Within thirty (30) days of the planning and zoning commission hearing, a public hearing on said application shall be held by the village council. The village council shall deny the application; approve the application; approve the application with conditions; continue consideration of the application; or return the application to the technical staff, the planning and zoning commission, or the AARC for further deliberation and recommendations, as is appropriate for that application. The village clerk shall advise the applicant of the action taken. All applications must receive approval by a majority vote of the members of the village council voting on the application. The village council may add any conditions of approval deemed by the council to ensure the health, safety or welfare of the public on petitions for special exceptions, site plan, site plan modification or variance approvals. Violations of any or all conditions of approval may subject the applicant, owner, his agent, lessee, tenant, contractor or any person using the building, structure, land, property or premises to the penalties outlined in sections 26-29—26-31.

(7)

Due public notice for such public hearing shall include:

a.

At least ten (10) days prior to the planning and zoning hearing, the village planning and zoning department personnel shall send by regular mail a notice to property owners within three hundred (300) feet of the property which is the subject of the application. Such notice shall include the date, time and purpose of the hearing and the anticipated date of the village council hearing. Proof of mailing such notice will be by an affidavit placed in the application file of the person mailing the notice which will include a copy of the notice mailed and the date and places of the regular mailing.

b.

At least fifteen (15) days prior to the planning and zoning commission public hearing, there shall be a publication of notice of the time, place and purpose of each hearing once in a newspaper of general circulation in the village.

c.

At least ten (10) days prior to the village council hearing when final action concerning variances, special exceptions, site plan reviews/modifications, and modifications of requirements imposed by village council on development orders will occur, there shall be a publication of notice of the time, place and purpose of each hearing once in a newspaper of general circulation in the village.

d.

Notice requirements for hearings before the village council on voluntary annexations, comprehensive plan amendments, rezonings, and zoning regulation text changes shall be as specifically set forth in F.S. Ch. 163, Ch. 166 and Ch. 171.

(8)

Withdrawal or postponement; denial of petitions.

a.

Any withdrawal or postponement of any application must be requested by the applicant in writing submitted to the director of planning, zoning and building no less than one (1) day prior to any scheduled meeting or hearing on the subject application.

b.

Failure to comply with this requirement may result in the application being heard by the village council with or without the presence of the applicant. Any subsequent consideration of a withdrawn application shall require submission of a new application with all requisite fees. Should postponements require additional advertisement or staff review, the applicant shall bear all costs incurred by the postponement.

c.

Upon the denial of an application by the village council, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof for the same type of application.

d.

Inactivity on an application for a period of six (6) months shall result in the application being automatically deemed withdrawn. Any subsequent consideration of a withdrawn application shall require submission of a new application will all requisite fees. Inactivity shall include, but not be limited to, an applicant's failure to resubmit an application after receiving technical staff comments so that the application can be placed on another technical staff review meeting agenda, an applicant's request to postpone an application from further review by technical staff, or an applicant's request to postpone an application from being scheduled for public hearing before the planning and zoning commission or the village council.

(e)

General application requirements for annexation, future land use amendments, and development orders. All applications for these types of petitions shall be required to submit the following:

(1)

Authority to seek approval. A statement of the petitioner's interest in the property, which shall consist of a copy of the last recorded warranty deed, plus one (1) or more of the following (choose the applicable categories):

a.

Generally, if the petition is brought by the owners, then a written consent to the petition by all owners of record is required. For a planned development, written consents are required only from the owners making the petition. However, written notice shall be provided to all owners within a nonresidential planned development for any site plan review/modification petition that requires village council approval at least fifteen (15) days prior to required village council hearings and shall be sent by regular mail to the property address listed in the Palm Beach County Property Appraiser's ("PAPA") office for tax notices. All other public notices shall be provided in accordance with subsection (d)(7)a. The costs of all notices shall be paid by the petitioner. If the amendment is proposing an enlargement to the existing planned development with no parcels under separate ownership, the written consent from the property owners' association governing the entire planned development plus the consent of the owners of the new property which is proposed to be added is required. However, consent of all owners is a prerequisite for any voluntary annexation and the petition requirements for any involuntary annexation as set forth in F.S. ch. 171, must be satisfied.

b.

If the petition is brought by a contract purchaser, a copy of the purchase contract (if it contains a specific grant of authority from the owner(s) to seek the specific approval) is required in addition to the documents required in sub-paragraph a. above.

c.

If the petition is brought by an authorized agent, a copy of the agency agreement is required in addition to the documents required in subparagraph a. above.

d.

If the petition is brought by a lessee, a copy of the lease agreement (if it contains a specific grant of authority from the owner(s) to seek the specific approval) or written consent to the petition by all owners of record.

e.

If the petition is brought on behalf of a corporation or other business entity, an affidavit stating: The name of the officer or person responsible for the application along with written proof that said representative has been delegated the authority to represent the corporation or other business entity, or in lieu thereof; written proof that he is in fact an officer of the corporation is required in addition to the documents required in subparagraph a. above.

(2)

Public notice documents to include:

a.

A complete list of all property owners, mailing addresses and property control numbers for all property within three hundred (300) feet of the subject parcel as recorded in the latest official tax rolls in the Palm Beach County Courthouse.

b.

A copy of the property tax appraiser's tax map indicating the location of the subject property and properties within three hundred (300) feet of the subject parcel.

c.

List of all jurisdictions adjacent to the village.

d.

Envelopes with required postage with the names and addresses of each of the property owners and planning and zoning departments of the local adjoining jurisdictions indicated in [subsections] a. and c. above. Proof of mailing such notices will be by an affidavit placed in the application file of the person mailing the notices which will include a copy of the notices mailed and the date and places of the regular mailing.

(3)

Completed application form.

(4)

Appropriate filing fees.

(5)

An accurate legal survey, signed and sealed by a surveyor registered in the State of Florida, showing an accurate legal description of the property to the nearest one-tenth ( 1/10 ) of an acre no older than one (1) year. This survey will show the location of the subject parcel, and the existing streets and water bodies on or adjoining the subject parcel.

(f)

Specific application requirements for annexations, comprehensive plan amendments, and development orders. Applications for these types of petitions shall be required to submit, in addition to the items listed in section 26-32(e) above, the following:

(1)

Voluntary annexation petitions shall include:

a.

All information listed under section 26-32(e).

b.

Statement of use and justification to describe how the proposed annexation is consistent with Florida Statutes, chapter 171.

c.

Such other information as may be required by Florida Statutes, chapter 171, or as may be required by the village manager or his designee.

d.

A graphic depiction of lands proposed to be annexed, indicating their location, character, continuity to municipal boundaries, present use, access via existing and proposed public roads, the existing county land use plan category assigned to the subject lands, the existing county zoning category assigned to the subject lands, the location of the municipal boundary to which the proposed lands are contiguous, an indication of the existing village comprehensive plan land use category, the existing zoning category of village lands adjoining the lands proposed to be annexed, the present use of such lands and a legal description in metes and bounds.

e.

The standards of review of a voluntary petition for annexation to be considered by the planning and zoning commission and the village council are set forth in Florida Statutes, chapter 171.

f.

Upon adoption of an ordinance voluntarily annexing lands into the village, the village clerk shall file a copy of such ordinance with the clerk of the circuit court of the county, the chief administrative officer of the county and with the department of state.

(2)

Future land use amendments to the comprehensive plan shall include:

a.

All information listed under section 26-32(e).

b.

Statement of use and justification: a statement of the basis of the request. Such statement shall include information sufficient to indicate:

1.

Whether the action requested will contribute to a condition of public hazard as described in the sanitary sewer, solid waste, drainage and potable water subelements of the comprehensive plan;

2.

Whether the action requested will exacerbate any existing public facility capacity deficits as described in the traffic circulation element; sanitary sewer, solid waste, drainage, potable water element and recreation and open space element of the comprehensive plan;

3.

Whether the action requested will generate public facility demands that may be accommodated by capacity increases planned in the five-year schedule of improvements established by the comprehensive plan;

4.

Whether the action requested conforms with future land uses as shown on the future land use map of the future land use element of the comprehensive plan;

5.

If public facilities are developer-provided, will the action requested accommodate public facility demand based upon adopted LOS standards;

6.

If public facilities are provided in part or whole by the village, is the action financially feasible subject to the capital improvement element of the comprehensive plan.

c.

Map of the village indicating existing and proposed future land use plan designations;

d.

All other requirements of F.S. Ch. 163 for such applications which are not otherwise listed herein.

(3)

Rezonings. Every application for a rezoning involving a change in district boundaries shall include the following information:

a.

All information listed under section 26-32(e).

b.

Statement of use and justification: A statement of the basis of the request, the intended use and the reasons why it should be approved. Such statement shall include information sufficient to indicate:

1.

If the action requested will contribute to a condition of public hazard as described in the sanitary sewer, solid waste, drainage and potable water subelements of the comprehensive plan;

2.

If the action requested will exacerbate any existing public facility capacity deficits as described in the traffic circulation element; sanitary sewer, solid waste, drainage, potable water element and recreation and open space element of the comprehensive plan;

3.

If the action requested will generate public facility demands that may be accommodated by capacity increases planned in the five-year schedule of improvements established by the comprehensive plan;

4.

If the action requested conforms with future land uses as shown on the future land use map of the future land use element of the comprehensive plan;

5.

If public facilities are developer-provided, will the action requested accommodate public facility demand based upon adopted LOS standards;

6.

If public facilities are provided in part or whole by the village, is the action financially feasible subject to the capital improvement element of the comprehensive plan.

c.

A letter from the Palm Beach County Traffic Engineering Department confirming compliance with the countywide traffic performance standards ordinance provided that such rezoning, if approved, is deemed by the village to be a site-specific development order pursuant to the definition of such at F.S. § 163.3164.

d.

Written confirmation of the availability of public services to include: Solid waste disposal, fire protection, police protection, public and private recreation (as applicable), public infrastructure and any other services that may be required to serve the development. Such confirmation shall include information sufficient to determine that the project can meet the adopted levels of service standards for such services and infrastructure as stated in the village's adopted comprehensive plan.

e.

Confirmation of the ability of the proposed project to meet the adopted level of service standard for stormwater management as stated in the village's adopted comprehensive plan. Such confirmation shall include as a minimum a drainage statement and conceptual drainage plan prepared by an engineer licensed by the state to prepare such plans and statements as well as a statement regarding the existing drainage conditions of the subject parcel.

f.

Confirmation of the ability of the project to meet the requirements of the Palm Beach County Wellfield Protection Ordinance.

g.

A proposed site plan is not required to accompany an application to rezone. However, applicants are encouraged to provide as much information in support of an application to rezone as is practicable. The applicant bears the burden of establishing by substantial, competent evidence that a rezoning should be granted.

h.

Such other information as the director, the planning and zoning commission and the village council determine is reasonably necessary to evaluate the application.

(4)

Special exception applications. Every application for a special exception shall include the following:

a.

All information listed under section 26-32(e).

b.

Statement of use and justification: A statement of the basis of the request, the intended use and the reasons why it should be approved. Such statement shall include information sufficient to indicate:

1.

The proposed special exception is consistent with the policies and standards of the village comprehensive plan; or

2.

The proposed special exception complies with all applicable development regulations of the Village Code; or

3.

The proposed special exception does not have adverse environmental impacts which cannot be prevented by the imposition of conditions; or

4.

The proposed special exception does not have adverse vehicular or pedestrian traffic impacts which cannot be prevented by the imposition of conditions; or

5.

The proposed special exception does not have an adverse impact upon public facilities, including, but not limited to, impacts on police and fire protection, drainage systems, refuse disposal, water, sewers, and schools, which cannot be prevented by the imposition of conditions; or

6.

The design of the proposed special exception does not have adverse impacts on adjacent properties or is detrimental to their use and peaceful enjoyment and will cause objectionable noise, vibrations, [and/or] fumes; [or]

7.

The proposed special exception is compatible with the character and living conditions of the existing neighborhood in which it is to be located; [or]

8.

The proposed special exception does not have an adverse impact on property values in adjacent areas which cannot be prevented by the imposition of conditions; or

9.

The proposed special exception is not a deterrent to the improvement or development of adjacent property, in accordance with applicable Village Code development regulations, which cannot be prevented by the imposition of conditions; or

10.

The proposed special exception will not seriously reduce the quality or quantity of light and air available to adjacent properties which cannot be prevented by the imposition of conditions.

The village council may grant, deny or attach such conditions to a special exception approval as are necessary to carry out the purposes of this chapter and of the comprehensive plan and to safeguard the public health, safety and general welfare based upon a review and consideration of the ten (10) standards set forth hereinabove.

(5)

Site plan review applications (required for all development applications for three (3) or more single-family units, multifamily developments, commercial and industrial structures and all other structure proposed to be developed in the village except a single-family home or duplex.) every application for site plan shall include the following:

a.

All information listed under section 26-32(e).

b.

A proposed site plan, drawn to an appropriate scale on twenty-four-inch by thirty-six-inch sheets and oriented with the northernmost portions of the subject site at the top of the drawing (unless the configuration of the site is such as to render this impractical), showing, but not limited to, the following:

1.

Name of the project.

2.

Name, address and telephone number of the applicant and owner.

3.

North arrow, date and scale.

4.

Legal description.

5.

Location of existing street, easements, and other reservations of land.

6.

Location of existing or proposed water bodies.

7.

Location of all proposed buildings and structures, indicating their setback distance from the property lines.

8.

Intended use of all buildings and structures.

9.

Existing and proposed means of vehicular and pedestrian ingress and egress to the subject property. Indicate traffic flow and sidewalks and show how vehicular traffic will be separated from pedestrian traffic.

10.

Location of off-street parking and loading areas and the dimensions of parking spaces, loading areas, driving aisles and driveways.

11.

Location and area dimensions of the proposed open space system, including recreation use, recreational facilities and amenities.

12.

Location of all buffers, fences, screens and walls, showing height and size, lighting and type of materials used.

13.

Location of all signs, indicating height, size, lighting and type of materials used.

14.

Location of outdoor lighting, showing direction, height and type.

15.

Location of solid waste and recycling containers indicating dimensions, type of materials used and screening.

16.

Location of storm drainage, sanitary sewer and water lines.

17.

Topography map showing existing and proposed contours with intervals of two (2) feet or less, extending fifty (50) feet beyond the subject property and final spot elevations.

18.

Site development data, including:

(aa)

Land use designation;

(bb)

Zoning district;

(cc)

Area of subject property (square feet, acres);

(dd)

Type of development;

(ee)

Parking spaces required (including handicapped);

(ff)

Parking spaces provided (including handicapped);

(gg)

Ground floor building area (square feet, percentage of site);

(hh)

Total floor area (square feet, percentage of site);

(ii)

Landscape area (square feet, percentage of site);

(jj)

Building height (feet and stories);

(kk)

Pervious area (square feet, percentage of site);

(ll)

Impervious area (square feet, percentage of site).

If proposed project is a residential development the following additional data shall be shown:

(mm)

The number of dwelling units;

(nn)

Gross density;

(oo)

Number type and size, including number of bedrooms;

(pp)

Floor area (square feet) of each type of dwelling unit;

(qq)

Indicate the total areas (square feet, percentage of site) of the following:

(i)

Principal buildings;

(ii)

Accessory buildings;

(iii)

Recreation areas;

(iv)

Water bodies;

(v)

Golf courses;

(vi)

Pervious area;

(vii)

Parking;

(viii)

Impervious areas.

19.

Off-site road improvements required pursuant to the county-wide traffic performance standards.

c.

Standard developers agreement for potable water and sanitary sewer to be executed by the applicant and considered by council on the next available agenda after site plan approval. Guaranteed revenues established under the agreement must be paid in order for the site plan to remain valid.

d.

A soils analysis with classifications consistent with the USDA soil classifications.

e.

A landscape plan, prepared, signed and sealed by a landscape architect registered in the State of Florida, including at a minimum the following information:

1.

Overall preliminary landscape plan for the entire project, showing the location, type and size of all plantings or group of plantings.

2.

Typical landscape plan for each type of building, showing the location, name, height, and distance of large and small trees, bushes, shrubs, and ground cover.

3.

Typical landscape plan for all parking areas if not already shown in subsection b. above.

4.

Layout and location of the irrigation system.

f.

Building elevations and floor plans.

g.

Any development proposed to be located within an area designated as environmentally sensitive shall meet all requirements set forth in article IV of chapter 18 of the Village Code of Ordinances.

h.

No site plan approval or building permit shall be granted to an applicant who proposes a development which requires a variance. Prior to obtaining final site plan review or a building permit, such applicant shall be required to secure a variance from the village council after review and recommendation by the planning and zoning commission.

(6)

Variances.

a.

All information listed under subsection (e).

b.

Justification statement: A statement of the basis of the request and the reasons why it should be approved. This statement must address the following criteria which will be considered by the planning and zoning commission in making its recommendations to village council and the village council when making its final decision to grant, deny or grant with conditions the proposed variance:

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

4.

That a literal interpretation of the provisions of this division would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this division 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 this division.

7.

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

(g)

Modifications of requirements originally imposed by council upon a special exception. Every application for a modification of the requirements imposed originally by the village council upon a site plan or special exception shall contain the following information in addition to the completed application and fee. The village council may impose additional requirements or conditions upon a site plan or special exception when reviewing applications for modifications of requirements:

(1)

The information and exhibits required for a rezoning, if different from that originally submitted. If the condition sought to be modified does not concern traffic impact or construction of off-site road improvements, no traffic impact analysis is required.

(2)

A statement justifying the request, based upon change of circumstances, inability of compliance, present inapplicability, and relevant grounds.

(3)

A statement detailing the exact condition or requirement, or part thereof, which has been imposed by a final decision adopted by resolution or ordinance or otherwise, which is sought to be changed, and the reason for such request for change.

(h)

Zoning regulation changes (ordinance amendment). Every application for changes in zoning regulations involving amendments to this chapter shall be made upon an official application for zoning regulation amendment and shall be brought in the name of the director.

(i)

Expedited permitting program; purpose, intent, applicability and benefits. The expedited permitting program affords qualified projects an efficient and accelerated permitting process. The expedited permitting program is available to qualifying businesses that are expanding operations, relocating, or establishing a new business within the village and in conjunction with certain buildings as identified below. Notwithstanding the general application and review procedures set forth in this section, there are two (2) ways that a certain business or a specific building can qualify for an expedited permitting program. Either the business itself must qualify or the type of building must qualify.

(1)

Qualifying businesses. The business must fall into one (1) of the following targeted industry clusters:

a.

Aviation/aerospace/engineering;

b.

Business/financial service (nonretail);

c.

Bioscience;

d.

Communications/IT research and development;

e.

Corporate headquarters;

f.

Medical or pharmaceutical research and development; and

g.

Education related to the above industry clusters.

(2)

Qualifying buildings. Buildings obtaining a leadership in environmental engineering and design (LEED) certification shall qualify for expedited permitting. At the time of application for the expedited permitting program, that applicant shall provide a letter from the U.S. Green Building Coalition (USBC) stating that the applicant has submitted the design phase application and listing the anticipated credit achievement for the project. LEED buildings meeting these criteria are eligible for expedited permitting regardless of their compliance with subparagraphs (1) and (3) of this subsection.

(3)

Additional requirements for qualified businesses. The following additional requirements must be met by business seeking acceptance into the expedited permitting program:

a.

The business shall demonstrate the capability to create new employment positions in the Village of Royal Palm Beach within the first two (2) years of operation or within two (2) years of expansion of its operation within the village;

b.

New employment positions shall be value-added employment based on the average salary paid by the employer. Value-added employment is defined as the average salary for new employment positions created being at least ten (10) percent higher than the current per capita income level in Palm Beach County as reported by the Bureau of Economic and Business Research, University of Florida; and

c.

The business shall submit sufficient financial information to the village manager or designee to establish solvency and status as an ongoing business prior to acceptance into the program. Due diligence reports may include a Dun & Bradstreet report or such other reports as deemed necessary by the village.

(4)

Benefits for qualified businesses or buildings. Businesses or buildings that have been accepted into the expedited permitting program shall receive the following benefits:

a.

The village manager or designee shall designate a village employee as the single point of contact who shall have the responsibility of assisting the applicant throughout the development application and permitting process. This individual shall be responsible for coordinating all matters relating to the review of the project by the village and shall provide a periodic status report to the business's project manager;

b.

The planning and engineering department shall establish the necessary steps required for project approval and permitting in a preapplication meeting and subsequently prepare a timetable within three (3) business days for the project's completion of the development application review and permitting process. The village and the applicant shall make a mutual commitment to provide the necessary development information in a timely manner in order to meet the established timetable;

c.

The project shall receive priority at every phase of the development application review and permitting process by village staff, including "face-to-face" or "stand-up" meetings to conduct reviews with the applicant present to have an efficient interaction during the review, to get answers immediately to questions, and/or to make expectations clear on how issues will be addressed. Public hearing scheduling shall be expedited, if applicable to an application;

d.

Comments relative to the village's development application review shall be provided to the applicant within seven (7) business days of the submission of a sufficient development application by the applicant. The village and the applicant shall make a mutual commitment to provide development application review comments and plans or revisions thereto in a through and timely manner; and

e.

Should any issues arise at any point during the development application review and permitting process, a "face-to-face" or "stand-up" meeting between the village staff and applicant's representatives shall be conducted within three (3) business days of the applicant's notification of the issues.

(Ord. No. 220, § 303, 5-20-86; Ord. No. 260, § 1, 4-17-89; Ord. No. 9-21-89; Ord. No. 342, § 2, 6-21-90; Ord. No. 404, § 2, 4-4-91; Ord. No. 416, § 2, 9-19-91; Ord. No. 448, §§ 1, 2, 6-3-93; Ord. No. 507, § 5, 10-3-96; Ord. No. 544, § 1, 4-16-98; Ord. No. 545, § 1, 4-16-98; Ord. No. 612, § 1, 8-16-01; Ord. No. 667, § 2, 5-13-03; Ord. No. 688, § 2, 4-15-04; Ord. No. 724, § 1, 8-18-05; Ord. No. 754, § 1, 10-19-06; Ord. No. 787, § 1, 5-3-07; Ord. No. 826, § 1, 11-5-09; Ord. No. 900, § 1, 2-6-14; Ord. No. 940, § 3, 1-19-17)

The planning and zoning commission shall review all applications within their jurisdiction as set forth in chapter 2 at division 6 of this Code of Ordinances and make recommendations to the village council prior to final action by the village council.

(Ord. No. 220, §§ 304.1—304.3, 5-20-86; Ord. No. 260, § 1, 4-17-89; Ord. No. 416, § 2, 9-19-91; Ord. No. 434, § 3, 9-3-92; Ord. No. 507, § 6, 10-3-96; Ord. No. 544, § 1, 4-16-98; Ord. No. 545, § 1, 4-16-98; Ord. No. 787, § 2, 5-3-07)

An accepted application shall become a part of the records of the village and shall not be returnable.

(Ord. No. 220, § 304.4, 5-20-86)

Upon receiving final site plan approval from the village council, the applicant may proceed to furnish the necessary information as set forth in applicable Code sections and ordinances, as amended, to the appropriate village departments, including, but not limited to, the engineering department and the utilities department. Upon written approval from the applicable departments, the applicant may proceed with submitting the necessary information for obtaining building permits. The building officials shall not issue a building permit unless such permit conforms to the application and plans approved by the village council, engineering department, utilities department and any other applicable department.

Final plat approval based on an approved plan shall be required prior to the issuance of a building permit.

(Ord. No. 220, § 304.5, 5-20-86; Ord. No. 260, § 1, 4-17-89; Ord. No. 342, § 2, 6-21-90)

Editor's note— Ord. No. 667, § 3, adopted May 13, 2003, repealed § 26-36, which pertained to review standards for special exceptions and derived from Ord. No. 220, § 305, adopted May 20, 1986; and Ord. No. 260, § 1, adopted April 17, 1989.

Editor's note— Former § 26-37 pertained to time periods for which approvals are effective, was repealed by § 2 of Ord. No. 342, adopted June 21, 1990, and originated from Ord. No. 220, adopted May 20, 1986.

(1)

Designation. The boundaries of each district are designated and established as shown on the official zoning map. The boundaries of the districts shown upon the official zoning map are hereby adopted and approved and the regulations of this chapter governing the use of land and water and buildings, the height of buildings, lot area setbacks, floor areas, lot coverage, parking and loading requirements are hereby declared to be in effect upon all land and water included within the boundaries of each and every district shown upon the official zoning map.

(2)

Rules for interpretation. When uncertainty exists as to the boundaries of zoning districts on the official zoning map, the following rules shall apply:

(a)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, and alleys shall be construed to follow such lines.

(b)

Lot, section and tract lines. Boundaries indicated as approximately following platted lot lines, section or tract lines shall be construed as following such lot lines.

(c)

Political boundaries. Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries.

(d)

Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shorelines shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, or other bodies of water shall be construed to follow such centerlines.

(e)

Parallel lines. Boundaries that are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys, or the centerlines or right-of-way lines of highways shall be construed as being parallel thereto at such distance therefrom as is indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

(f)

Bisecting lines. Boundaries that approximately bisect a block, lot or tract shall be construed to follow the median lines of such block or tract, as indicated by rear property lines or as measured between the center lines of boundary streets in the absence of rear property lines or in the absence of both of the above, by use of the scale appearing on the zoning map.

(g)

Uncertainties. Where features existing on the ground are at variance with those shown on the official zoning map, or in case any other uncertainty exists, the board of adjustment shall interpret the intent of the official zoning map at the location of the district boundaries.

(h)

Street abandonments. Where a public road, street or alley is officially vacated or abandoned, the regulation applicable to the property to which it reverted shall apply to such vacated or abandoned road, street or alley.

(i)

Excluded areas. Where parcels of land and water areas are annexed into the village, said parcels shall be assigned a zoning category at the time of annexation.

(Ord. No. 220, § 307, 5-20-86)

When uncertainty exists concerning the allowance of a specific use in a specific zoning district the following procedure shall be used to determine its appropriateness:

(a)

If the use is specifically listed as permitted in any zoning district, then it is interpreted to be prohibited in any district in which it is not listed.

(b)

If the specific use is not listed in any zoning district, the director shall make a determination whether similar uses are listed within certain districts and whether this use would likewise be appropriate to these districts. The director shall consider the intent and purpose of the district in making this determination. The director's decision may be appealed to the planning and zoning commission.

(Ord. No. 220, § 308, 5-20-86; Ord. No. 667, § 4, 5-13-03)

Cross reference— Board of zoning adjustment, § 2-70 et seq.

Minor amendments to previously approved site plans may be approved administratively by the director, subject to the following provisions and criteria:

(a)

Minor amendments defined. A minor amendment(s) to a previously approved site plan is defined as follows:

(1)

An increase or decrease of up to five (5) percent of the total building square footage previously approved for commercial or industrial use; or

(2)

An increase or decrease of up to five (5) percent of:

a.

Previously approved open or recreational space;

b.

Previously approved parking spaces; and/or

c.

Previously approved residential density (the maximum total number of dwelling units).

(3)

Modifications to a site plan to provide for outdoor seating areas which equal no more than ten (10) percent of the enclosed seating area, or three hundred (300) square feet in area, whichever is less, subject also to the requirements of section 26-72.

(4)

Minor field adjustments, not changing the footprint of the structure including, but not limited to, the following:

a.

Relocation of fences or walls in landscape buffer areas;

b.

Relocation of dumpster enclosures;

c.

Relocation of pedestrian walkways; or

d.

Substitution of a maximum of twenty (20) percent of the approved species of landscape materials due to site constraints caused by conflicts with fire equipment utility easements and similar site constraints.

(5)

The installation of bus shelters as accessory structures on private or public property which has a previously approved site plan.

(b)

Application procedure. Requests for minor amendments to previously approved site plans shall be submitted to the director on forms approved by the director. Once the director has determined that the application submittal is complete, a decision on the minor amendment shall be rendered by the director within ten (10) working days. Factors to be considered by the director when reviewing requests for minor amendments to previously approved site plans include, without limitation, the impact of the proposed minor amendment on:

(1) Traffic generation;

(2) Infrastructure such as potable water and sanitary sewer;

(3) On-site circulation;

(4) Landscape and buffer requirements;

(5) Compatibility with adjacent uses and zoning districts;

(6) Protection of existing native vegetation; and

(7) Municipal services, such as police and fire-rescue.

(c)

Documentation required. Any proposed increase to approved square footage or approved residential density shall, prior to consideration by the director, include sufficient documentation, such as a traffic impact statement or traffic impact study, demonstrating that the proposed increase is in compliance with the Palm Beach County Countywide Traffic Performance Standards Ordinance.

(d)

Appeals. The decision of the director shall be final. Appeals must be submitted in writing to the chairman of the planning and zoning board within ten (10) days of the director's decision. The planning and zoning board will then convene a hearing in order to make recommendations to the village council for final action.

(Ord. No. 606, § 1, 3-15-01; Ord. No. 754, § 2, 10-19-06; Ord. No. 800, § 1, 12-20-07; Ord. No. 861, § 2, 3-15-12; Ord. No. 997, § 1, 11-21-19)

(1)

Scope and intent. It is the intent of this section to permit the continuation of those uses of land and buildings which were lawful at the time they were permitted but which would be prohibited, regulated or restricted under the terms of the current zoning code or future amendments thereto, until they are removed or discontinued for a set period of time but to discourage their survival.

Nonconforming uses shall not be enlarged upon, expanded or extended, nor shall they be used as a basis for adding other buildings or uses prohibited elsewhere in the same district. Relief in the form of a variance may be sought for nonconforming buildings.

(2)

Nonconforming uses of land. The lawful use of land existing at the time it was permitted may be continued even though it does not conform to the provisions of the current zoning code or amendments thereto, subject to the following provisions.

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of this chapter; unless such use is changed to a use permitted in the district in which such use is located.

(b)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the adoption of this chapter.

(c)

If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in such land is located.

(d)

No building which does not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(3)

Nonconforming lots. A single-family residence and customary accessory buildings may be erected on a single lot, tract or parcel of land notwithstanding limitations imposed by other provisions of this Code, if:

(a)

The erection of such a single-family residence was permissible prior to the adoption of this chapter; and

(b)

1.
The single lot, tract or parcel of land was of record or was the subject of an agreement for deed or other instrument of conveyance properly executed prior to the effective date of the adoption of this chapter; or

2.

The single lot, tract or parcel of land was shown on an unrecorded map, plat, drawing or survey prior to the adoption of this chapter; or

3.

The single lot, tract or parcel of land shown on an unrecorded map, plat, drawing or survey, which was either registered with the department of business regulation, division of Florida land sales, prior to the effective date of the adoption of this chapter or was certified by a land surveyor or engineer duly licensed by the State of Florida, prior to the effective date of the adoption of this chapter; and

(c)

The single lot, tract or parcel of land shall meet the minimum property development regulations that are generally applicable in the district except, however, the single lot, tract or parcel or land need not meet the minimum lot area and dimensions, minimum yard setback requirements, maximum lot coverage and maximum total floor area, but shall conform to the following regulations:

1.

Minimum Yard Setback Requirements:

2.

Maximum Lot Coverage: 40% of total lot area

(4)

Nonconforming buildings. The lawful existence of a building at the effective date of adoption of this chapter, although such building does not conform to the property development regulations of this chapter for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area, lot coverage and minimum floor area requirements or other characteristics or the building, or its location on the lot, may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

Nonconforming buildings may be enlarged upon, expanded or extended subject to all the property development regulations, excluding minimum lot area and dimensions, of the district in which the building is located. No such building shall be enlarged upon or altered in any way which increases its nonconformity. Such building or portion thereof may be altered to decrease its nonconformity except as may be hereafter provided.

Such nonconforming buildings shall not be used as a basis for adding other buildings or uses prohibited elsewhere in the same district.

(b)

Should such building be destroyed by any means to an extent of more than fifty (50) percent of its assessed value at the time of destruction, as determined by the Palm Beach County tax assessor, it shall not be reconstructed except in conformity with the provisions of this chapter.

(c)

Should such building be destroyed by any means to an extent less than fifty (50) percent but more than thirty-five (35) percent of its assessed value, it may be restored only upon application to the board of adjustment.

(d)

Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the property development regulations for the district in which it is located after it is moved.

(5)

Nonconforming buildings, uses and premises in combination. If a lawful use, involving individual buildings and/or premises in combination thereof, exists at the effective date of adoption of or amendment to this chapter that would not be allowed in the district in which it is located under the terms of this chapter or subsequent amendment, the lawful use involving buildings and/or premises may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No existing building devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the building to a use permitted in the district in which it is located except as may otherwise be provided herein.

(b)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(c)

Any building or building and premises in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such building is located, and the nonconforming use may not thereafter be resumed.

(d)

When a nonconforming use of a building, or building and premises in combination, is discontinued or abandoned for six (6) consecutive months the building, or building and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(e)

When nonconforming use status applies to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land unless the land itself is in a nonconforming use. Destruction for the purpose of this section is defined as damage to an extent of more than fifty (50) percent of the assessed value of the building at the time of destruction.

(6)

Nonconformities due to governmental action. In the event a legal lot or building becomes nonconforming due to an Eminent Domain action, the structures and improvements located upon such lots, and the lot itself, shall be deemed to be legal nonconforming uses, lots and/or structures and shall be allowed to continue. Improvements shall include, but are not limited to, landscaping material, parking lots and/or structures and architectural features. Signs located in reduced set backs due to the Eminent Domain action shall be allowed to remain unless the sign is closer than five (5) feet from the right-of-way line or encroaches into safe sight corners.

(7)

Alteration, construction, repair and maintenance.

(a)

Alterations. A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law. Repairs such as plumbing or the changing of partitions or other interior alterations are permitted.

(b)

Construction. This chapter shall not be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of the passage of/or amendment to this chapter and upon which actual building construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of any existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. In no event, shall the time of such construction exceed a period of one year except upon approval of the village council.

(c)

Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty (20) percent of the current assessed value of the building, provided that the cubic volume of the building as it existed at the time of passage of/or amendment to this chapter shall not be increased.

(Ord. No. 220, § 310, 5-20-86; Ord. No. 533, §§ 1—5, 11-20-97)