1. a.
   To recommend to the city commission principles and policies for guiding action in the physical development of the city;
2. b.
   To advise and consult with the planning and zoning administrator in the preparation of a comprehensive plan; to consider it and amendments formulated, as well as proposed ordinances and regulations designed to promote orderly development consistent with the plan;
3. c.
   To recommend whether or not specific proposed developments conform to the principles and requirements of the comprehensive plan as to growth and improvement;
4. d.
   To keep the city commission and the general public informed and advised as to the physical development of the city;
5. e.
   To conduct such public hearings as may be required to gather information necessary for the preparation, establishment, and maintenance of the comprehensive plan, as well as all other public hearing required by these regulations or required by the city commission;
6. f.
   To consider all general plans for major landscaping proposed by the city or to be located on city property and to make recommendations with each plan;
7. g.
   To consider all major plats which subdivide lands and recommend acceptance, modification, or rejection of them, and to recommend regulations for the subdivision and plating of land;
8. h.
   To consider all questions involving the location, removal, or alteration in any works of art belonging to the city, including monuments, memorials, and statuary, that are not kept indoors or assigned hereby or by ordinance of the jurisdiction of another agency; and prior to the acceptance or rejection of any proposed gift to the city in the form of a monument or memorial, to approve or recommend modification or rejection of a sketch or plan thereof and the proposed location thereof;
9. i.
   To prepare in conjunction with the planning and zoning administrator, the city engineer, and the director of finance a list of capital improvements recommended for construction during the next fiscal year and the succeeding four fiscal years. This list shall show recommended order of priority, the year recommended for beginning and completing construction, and the estimated costs for each recommended improvement;
10. j.
    To advise and recommend on the preparation and adoption of a comprehensive plan for the city pursuant the Charter, as amended, and by F.S. § 163.3161;
11. k.
    To provide advice and recommendations to the city commission on each application for a Class A special use permit;
12. l.
    To provide advice and recommendations to the city commission on each application for a change to the official zoning map;
13. m.
    To provide continual examination and analysis of the adequacy and sufficiency of the text of the zoning code;
14. n.
    To provide advice and recommendations to the city commission on each application for a zoning code text amendment;
15. o.
    To review and discuss all proposed abandonments within newly proposed planned development districts;
16. p.
    Approve, with or without conditions or deny applications for proposed developments subject to special review within a mixed-use district;
17. q.
    Approve, with or without conditions or deny applications for a Class B special use permits for properties located within a mixed-use district;
18. r.
    Approve, with or without conditions, or deny applications for variances and waivers for properties located within a mixed-use district; and
19. s.
    Make recommendations to the city commission on request for abandonment of city owned rights-of-way or alleys located within a mixed-use district.

1. a.
   The zoning board of appeals shall consist of five members and two alternate members to be appointed by the mayor, each for a term of three years. Members of the zoning board of appeals may be removed from office by the mayor. A vacancy shall be filled by the mayor for the remainder of the unexpired term. All members of the zoning board of appeals shall be residents of the city and shall serve without compensation.
2. b.
   The members of the zoning board of appeals shall continue in office until their respective terms expire and their successors are appointed and duly qualified by law. Alternate members of the zoning board of appeals may attend all meetings of the zoning board of appeals but shall act only in the absence, disability, or disqualification of a regular member.
3. c.
   When an alternate member acts in any meeting, the minutes of the zoning board of appeals shall reflect the name of the absent, disabled, or disqualified member in whose place the alternate is acting. The absence of a member or the alternate member, for three consecutive meetings without an excuse approved by the chair of the zoning board of appeals and noted in the minutes, shall be deemed cause for removal by the mayor. If a vacancy occurs in the membership of the zoning board of appeals, the mayor within 20 days shall fill the vacancy for the unexpired term. If the mayor appoints the alternate as a member, the resulting vacancy in the position of alternate shall be filled as provided in this section.

1. a.
   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the zoning officer in the enforcement of this chapter;
2. b.
   To reverse or affirm, in whole or in part, or modify the appeal from any order, requirement, decision, or determination of the administrative officer;
3. c.
   To interpret the provisions of these regulations in such a way as to carry out the intent and purpose of the zoning map and comprehensive plan;
4. d.
   To grant variances;
5. e.
   To compel the attendance of witnesses at hearings or meetings and to administer oaths;
6. f.
   To consider, and approve or disapprove, applications for Class B special use permits; and
7. g.
   To hear and decide appeals from any order, requirement, decision or determination made by the plans and plats review committee.
8. h.
   Approve, with or without conditions, or deny applications for demolition of existing buildings within the Coleman Park overly district, when such demolition is being requested prior to the issuance of a building permit which affects the vertical construction of a new structure in its place.

1. a.
   The board shall establish rules of procedures, subject to any limitations prescribed by law. Five members shall constitute a quorum for the transaction of business.
2. b.
   The board shall select a chairman and other officers and shall prescribe their duties and powers. The historic preservation planner or designee shall act as secretary of the board and shall attend and keep minutes of all meetings, acting in an advisory capacity and participating fully in board discussions, but having no right to vote. A planner in the historic preservation division may serve as the historic preservation planner's designee.
3. c.
   A city attorney shall attend all meetings, acting in an advisory capacity and participating fully in board discussions, but having no right to vote. The mayor, city administrator and the planning director shall be ex officio members of the board and may attend any of its meetings or hearings and participate in its discussions, but shall have no right to vote.
4. d.
   The board shall keep minutes of its proceedings, record the vote on each question, and keep records of its discussions, recommendations and other official actions.

1. a.
   To recommend to the city commission the following:

   1. 1.
      Adoption, modification, or replacement of the Design Guidelines Handbook;
   2. 2.
      Nomination of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government;
   3. 3.
      Nominations of properties and districts to the West Palm Beach Register of Historic Places.
2. b.
   To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or properties within districts;
3. c.
   To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National Register of Historic Places;
4. d.
   To call upon available city staff members and the preservation planners as well as other experts for assistance and/or technical advice;
5. e.
   To testify before all boards and commissions on any matter affecting historically, culturally and architecturally significant properties;
6. f.
   To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers;
7. g.
   To recommend amendments or changes to the historic preservation provisions of this chapter or to the historic preservation element of the city's comprehensive plan;
8. h.
   To inform and educate the citizens of the city concerning the historic, cultural and architectural heritage of the city; and
9. i.
   To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of the historic preservation provisions of this chapter.
10. j.
    Approve, with or without conditions, or deny applications for variances, special exceptions and class B special use permits. Any persons aggrieved by a decision of the historic preservation board for a variance, special exception or class B special use permit may appeal by common law writ of certiorari to a court of competent jurisdiction for judicial relief within 30 days after a decision by the historic preservation board. The election of remedies shall lie with the appellant.

1. a.
   Statement of purpose. The DAC is established to oversee the development of the area governed by the Downtown Master Plan (DMP).
2. b.
   Composition. The DAC shall consist of seven members and two alternate members who shall serve without compensation and who shall be appointed by the mayor as follows:

   1. 1.
      Five design or planning professionals, who may include registered architects, landscape architects, certified urban planners or urban designers. At least two different disciplines shall be appointed from this group at all times; only one member from this group may serve as an alternate member;
   2. 2.
      One downtown business owner, developer, real estate agent, or builder;
   3. 3.
      One downtown residential property owner;
   4. 4.
      One downtown nonresidential property owner;
   5. 5.
      A ninth member who may fit any of the requirements above or a city resident-at-large.

   Alternate members shall act only in the absence, disability or abstention of a member.

3. c.
   Quorum. Four members shall constitute a quorum to conduct the business of the committee. A minimum of four votes is required for the approval or denial of variances, extension of variances, class B special use permits, and administrative appeals.
4. d.
   Terms of office. The mayor shall appoint each member for a term of three years. Each member shall hold office for the term for which they are appointed and until their successor is appointed, unless such member is removed or resigns. Any member of the board may be removed by the mayor. If a vacancy occurs in the membership of the DAC, the mayor may fill the vacancy for the unexpired term.
5. e.
   Officers and their duties. The officers shall consist of a chairperson and a vice chairperson. A minimum of four votes is required to select the chairperson and vice-chairperson. The recording secretary shall be designated by the planning director. The chairperson, or the vice-chairperson in the chairperson's absence, shall conduct the meetings. In the absence of a chairperson and a vice-chairperson, the remaining members of the board may elect a temporary chairperson.

1. a.
   Approve, with or without conditions, or deny applications for proposed developments subject to special review.
2. b.
   Approve, with or without conditions, or deny applications for variances and class B special use permits.
3. c.
   Hear and decide administrative appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the planning director in the enforcement of the urban regulations, the comprehensive plan, or Florida Statutes.
4. d.
   Approve, with or without conditions, or deny applications for demolition of existing buildings.
5. e.
   Approve or deny applications for the transfer of development rights.
6. f.
   Make recommendations to the city commission on amendments to the DMP element of the comprehensive plan, the DMP urban regulations, and the DMP zoning atlas. Any amendments to the DMP urban regulations or the DMP zoning atlas shall be evaluated pursuant to the standards contained in subsection 94-32(a).
7. g.
   Make recommendations to the city commission on any proposed improvements to public rights-of-way and urban open spaces.
8. h.
   Make recommendations to the city commission on requests for abandonment of city owned rights-of-way or alleys.
9. i.
   Compel the attendance of witnesses at hearings and administer oaths.
10. j.
    Waivers shall not be authorized by the board, unless expressly allowed by this article.

1. a.
   Within ten working days following the submission of a zoning code amendment application and required fees, the planning and zoning administrator shall determine whether or not the application contains sufficient information for substantive reviews. The application shall be notified if any deficiencies exist and the nature of the information necessary before review of the application will commence.
2. b.
   Following the planning and zoning administrator's determination that there is sufficient information to permit appropriate consideration of an application to amend the text or map of this zoning code, the application and related information shall be reviewed, and a written recommendation shall be prepared regarding the amendment.
3. c.
   In the event the planning and zoning administrator determines that additional information is necessary to complete substantive review of a zoning code amendment application, the applicant shall be notified of the nature of the information necessary to complete the review, and the applicant shall have 60 days to furnish such additional information.

1. a.
   Grant the application in full;
2. b.
   Deny the application in full;
3. c.
   Grant the application in part;
4. d.
   Grant a modification of the application in such form as deemed proper. However, if such modification involves rezoning of a greater area of land or involves rezoning of land to allow a more intensive use than designated in the advertisement for the public hearing, the planning board then shall hold an additional public hearing on its recommended modification of the proposed amendment;
5. e.
   Return the application to the planning and zoning administrator with specific instruction as to additional information, evidence, or testimony desired in order to make a decision consistent with the comprehensive plan and the public health, safety, and welfare;
6. f.
   Authorize withdrawal of the application without prejudice; and
7. g.
   Authorize further consideration of the application, to occur within 60 days of the close of the public hearing.

1. a.
   Make a written finding of the application as "consistent" or "not consistent" with the comprehensive plan, including the factual basis for the finding;
2. b.
   Forward copies of this finding to the applicant, the planning board, and the city commission; and
3. c.
   Attach a copy of the finding to the application.

1. a.
   Changed projections. Changed projections (e.g., regarding public service needs) in the comprehensive plan, including but not limited to amendments that would ensure provision of public facilities;
2. b.
   Changed assumptions. Changed assumptions (e.g., regarding demographic trends or land availability) in the comprehensive plan, including but not limited to the fact that growth in the area, in terms of the development of vacant land, new development, and the availability of public services, has altered the character of the area such that the proposed amendment is now reasonable and consistent with the land use characteristics;
3. c.
   Data errors or updates. Data errors, including errors in mapping and natural features, or data updates of a significant nature in the comprehensive plan;
4. d.
   New issues. New issues that have arisen since the adoption of the comprehensive plan; and
5. e.
   Additional detail or comprehensiveness. Recognition of a need for additional detail or comprehensiveness in the comprehensive plan.

1. a.
   Level I: Subject to informal site plan review; and
2. b.
   Level II: Subject to formal site plan review.

1. a.
   All multifamily residential dwelling units (four or more units);
2. b.
   New commercial and industrial structures of 1,001 or more gross square feet;
3. c.
   Accessory structures of more than 1,000 gross square feet in commercial and industrial zoning districts;
4. d.
   Attached or detached additions of 1,000 or more gross square feet to an existing residential and nonresidential structures;
5. e.
   All new surface parking facilities with 21 spaces or more;
6. f.
   All additions greater than 25 percent to existing surface parking facilities with more than 21 spaces;
7. g.
   All class B special use applications;
8. h.
   All "permitted uses with extra conditions";
9. i.
   All replacements of nonconforming structures in excess of 1,001 gross square feet;
10. j.
    Community gardens and urban market gardens; and
11. k.
    Other similar activities as determined by the planning and zoning administrator.

1. a.
   All applications for planned unit development;
2. b.
   All applications for planned communities;
3. c.
   All plans affecting public parks and publicly owned lands;
4. d.
   All applications for Class A special use;
5. e.
   All applications for building permits in the special impact zone notation on the future land use map not included within level I;
6. f.
   All applications for building permits in the commercial incentive district land use category;

1. a.
   Grant the application in full;
2. b.
   Deny the application in full;
3. c.
   Grant the application in part;
4. d.
   Grant a modification of the application in such form as the city commission deems proper and consistent with the applicable standards for special use approval and the comprehensive plan;
5. e.
   Return the application to the planning and zoning administrator with specific instruction as to additional information, evidence, or testimony desired in order to make a decision consistent with standards for special use approval and the comprehensive plan;
6. f.
   Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the 12-month time limitation;
7. g.
   Continue the consideration of the application to a special date;
8. h.
   Establish such conditions as the city commission deems necessary to ensure conformance with the special use requirements.

1. a.
   Future uses. The use exactly as proposed at the location where proposed will be in harmony with the uses which, under zoning ordinance and land use plan, are most likely to occur in the immediate area where located.
2. b.
   Surrounding uses. The use exactly as proposed at the location where proposed will be in harmony with existing uses in the immediate area where located.
3. c.
   Public benefit. The use exactly as proposed at the location where proposed will not result in substantially less public benefit nor greater harm than would result from use of the site for some use permitted by right or by some other special use permitted on the site.

1. a.
   Traffic.

   1. 1.
      The proposed use will not generate traffic that will reduce the level of service on any road to a lower level than would result from a use permitted by right;
   2. 2.
      The proposed use will not require extension or enlargement or any other alteration of the street system in a manner resulting in higher net public cost or earlier expenditure of public cost than would result from a use permitted by right;
   3. 3.
      The property or structure for the proposed use will be located, designed, and constructed so that the access and egress standards of section 94-273 are satisfied for uses subject to those standards.
2. b.
   Utility systems. The proposed use will be so located in relation to water lines, sanitary sewers, storm sewers, surface drainage systems, and other utility systems that neither extension nor enlargement nor any other alternation of such systems in a manner resulting in higher net public cost than would result from a use permitted by right will be required.
3. c.
   Public safety. The proposed use will not place a demand on municipal police or fire protection services beyond the capacity of those services, a demand which does not exceed that likely to result from a use permitted by right.

1. a.
   Location. The location of the special use will not be hazardous to or inconvenient to the predominantly residential character of the area in which it is to be located or to the long-range development of the district for the residential purposes intended.
2. b.
   Size and intensity. The size of the special use and the nature and intensity of the operations involved will not be hazardous or inconvenient to the residential character of the area in which it is to be located. The long-range development and maintenance of the district for residential purposes shall not be affected adversely.
3. c.
   Contiguous residential uses. The location of the special use (exception) will not result in the isolation of a small existing or planned residential area from other residential developments by its being completely or largely surrounded by arterial streets or nonresidential land uses.
4. d.
   Residential character. Building for special use in a residential district shall be designed and constructed in a manner similar to other neighborhood residential structures. Design factors shall include building mass, height, materials, window arrangement, yards, and similar considerations.

1. a.
   Compliance. Conditions and requirements stated as part of the approval of a special use shall be a continuing obligation of holders of approval. The planning and zoning administrator shall make periodic inspections of special uses to determine continuing compliance with all required conditions.
2. b.
   Termination of special uses. Special use approval may be withheld upon a determination by the planning and zoning administrator of the following:

   1. 1.
      Failure to comply with conditions or requirements of the special use approval.
   2. 2.
      Failure to correct violations of conditions or requirements of special use approval within 30 days following issuance of a citation or notice of violation.
3. c.
   Conditions for approval. All plans, specifications, and statements submitted with the applicant for a special use approval shall become, with any changes ordered by the special use review authority, a part of the conditions of any approval.
4. d.
   Site plan review. All applications for special use approval will include a site plan prepared pursuant to section 94-35.

1. a.
   All of the following shall be considered development of significant impact:

   1. 1.
      Commercial, office, or industrial developments of 50,000 or more gross square feet of enclosed building area, including renovations of existing structures when a change to a more intensive use is anticipated.
   2. 2.
      Residential development of 100 or more dwelling units, including renovations of existing structures when a change to a more intensive use is anticipated.
   3. 3.
      Approved planned development districts not possessing a complete site plan, including the footprint of all proposed principal structures.
2. b.
   The following shall be exempt from the provisions of this section: all approved planned development districts possessing an approved, completed site plan, including the foot print of all proposed principal structures, all applications for planned development district approval, all approved developments of regional impact, and all applications for development of regional impact approval.

1. a.
   A detailed site plan prepared pursuant to section 94-35.
2. b.
   A detailed traffic impact analysis prepared pursuant to section 94-312.
3. c.
   A statement of the proposed use of land within the development site, including the location and function of all areas proposed to be dedicated for community or public use.
4. d.
   A survey and written legal description of the proposed development site.
5. e.
   A statement, which may be in tabular form and included within the required site plan, containing the following information:

   1. 1.
      The total acreage of the project site.
   2. 2.
      The total gross square footage of floor area contained within all buildings and structures to be located on the development site.
   3. 3.
      The total square footage of gross floor area devoted to residential use, commercial use, and industrial use, respectively.
   4. 4.
      The number and type of dwelling units, if any, and the overall project density in dwelling units per gross acre of development site.
   5. 5.
      The total acreage of the project site devoted to coverage by buildings and structures, open space, on-site parking, and landscaping.
6. f.
   A detailed stormwater drainage plan.
7. g.
   A statement concerning the manner in which connections will be made to utility services, especially potable water and sanitary sewers.

1. a.
   Major amendments to approved developments of significant impact shall only be determined by the city commission following the procedure set out in section 94-32. Major amendments shall include the following requests:

   1. 1.
      An increase in the total square footage of any building by more than ten percent; the number of structures, the number of residential dwelling units, or the densities as specified by the adopted site plan;
   2. 2.
      Any boundary change of the development of significant impact;
   3. 3.
      Any change in the conditions of approval;
   4. 4.
      Relocation of more than ten percent of the total square footage indicated as being covered by structures; or
   5. 5.
      Any increase in traffic in excess of either: (i) 3 percent of the average daily traffic (ADT), or (ii) 100 ADT trips, over the traffic impacts for the project as established in the original master plan approved by the city commission.
2. b.
   Minor amendments to an approved development of significant impact shall be approved by the planning and zoning administrator. Such minor amendments shall include all amendment requests which do not meet any of the thresholds listed in subsection (f)(3)a. of this section.

1. a.
   Identification of the specific provisions of this chapter from which a variance is sought and the decision of the planning and zoning administrator which requires the application;
2. b.
   The nature and extent of the variance requested and an explanation of why it is necessary; and
3. c.
   The grounds relied upon to justify the proposed variance.

1. 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 zoning district;
2. b.
   The special conditions and circumstances do not result from the action of the applicant;
3. c.
   Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, buildings, or structures in the same zoning district;
4. d.
   Literal interpretation of the provisions of the regulations of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant;
5. e.
   The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure;
6. f.
   The granting of a variance will be in harmony with the general intent and purpose of these regulations and the comprehensive plan;
7. g.
   The variance will not be injurious to the area involved or otherwise detrimental to the public welfare;
8. h.
   The property cannot be put to a reasonable use which fully complies with the requirements of this chapter;
9. i.
   Nonconforming use of neighboring lands, structures, or buildings in the same zoning district and the permitted use of lands, structures, or buildings in other zoning districts shall not be considered grounds for the authorization of a variance; and
10. j.
    Financial hardship is not the only evidence of a hardship considered in the authorization of a variance.

1. a.
   The right to be represented by a counsel or by an agent.
2. b.
   The right to present witnesses.
3. c.
   The right to cross-examine all witnesses.
4. d.
   The right to cross-examine and reproduce any documents produced at the hearing. Such rights shall be subject to the discretion of the body conducting the hearing and may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

1. a.
   Any application for an amendment to the text of this chapter or the official zoning map, for a comprehensive plan consistency review, for a site plan review, an approval of a special use, for an appeal, or for a variance authorization may be withdrawn by an applicant or designated representative by giving written notice to the planning director, or designee. An application may be withdrawn at a public hearing at the request of the applicant or designated representative. After the conclusion of the public hearing concerning an application, it may be withdrawn only upon a majority affirmative vote of the review authority.
2. b.
   An application for any approval required by this chapter may be amended prior to the publication of notice of public hearing. A written request for amendment to the application shall be made in writing, to the planning director, or designee. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and shall be considered at the next appropriate public hearing.

1. a.
   If only four members vote on a decision and the vote is tied, a motion to reconsider may be made by any member of the city commission at the next meeting at which all five commissioners are present;
2. b.
   On any decision other than that described in subsection (h)(1)(a) of this section, a motion to reconsider may be made only by a city commission member who voted on the prevailing side.

1. a.
   Signs. Signs shall be provided by the applicant at a size generally at a minimum of three feet in width and four feet in length, with specific language provided by the planning department.
2. b.
   Posting. The property shall be posted by the applicant no further than 15 feet from the frontage property line, or as specified by the planning department based on site constraints. The failure of any such posted notice to remain in place after it has been posted shall not be deemed a failure to comply with this requirement or be grounds to challenge the validity of any decision made by the approving authority.
3. c.
   Installation. Signs shall be posted in a workmanlike manner, able to withstand normal weather events.
4. d.
   Minimum posting requirements. Privately-initiated applications require that at least one sign be posted per 500 lineal feet of all property located along a public right-of-way, with a minimum of one sign per frontage, or as otherwise required by the planning and zoning administrator based on site constraints. In the event of unique circumstances affecting a property, additional signs shall be posted as required by the planning and zoning administrator. City-initiated applications require that one sign be posted per frontage along a public right-of-way at a size provided by the public works department.
5. e.
   Deadline. Signs shall be posted at least 15 days prior to the first public hearing.
6. f.
   Affidavit. An affidavit, including photographs, attesting to the date of installation and number of signs installed shall be provided by applicant to the planning department at least five days prior to the public hearing.
7. g.
   Removal. The applicant shall remove the posting no more than 30 days after the final city commission decision on the subject application.
8. h.
   Exceptions to posting. The posting requirement shall not apply to city-initiated future land use map amendments and re-zonings which will impact more than four parcels.

1. a.
   Format. The application shall be in accordance with the form prescribed by the planning and zoning administrator and approved by the mayor, copies of which may be obtained from the appropriate department. 
2. b.
   Filing. Applications shall be filed at such times as prescribed by the planning and zoning administrator.
3. c.
   Fees. Fees for all applications required by this chapter shall be established and amended by resolution of the city commission. Fees shall be charged in an amount to compensate the city for costs incurred to process an application. Such costs include, but are not limited to, public notice advertisements; public notice postage; and planning, engineering, scientific, technical, and related professional and staff services necessary to process the application.
4. d.
   Disclosure of ownership. Applications may be submitted by the property owner, a representative of the owner, or a prospective purchaser. Applications submitted by a representative of the property owner must be accompanied by a written power of attorney authorizing that person to submit the application. A potential purchaser of a property who has executed a purchase and sale agreement with the current property owner may submit an application with respect to the property provided, either a power of attorney from the current property owner or a copy of the purchase contract accompanies the application; however, any approvals granted shall be conditioned upon providing proof of transfer of title prior undertaking the development activity. All applications shall include a verified statement showing each person having a legal, equitable, or beneficial ownership interest in the property for which the application is submitted. However, corporations shall provide only the names and addresses of the corporation and principal executive officers.
5. e.
   Submission of fee and application prior to action by city. Prior to action taken by a department or official body of the city concerning a specific amendment or development activity, an applicant must submit the proper fee and an official application to the planning and zoning administrator.

1. a.
   The location of present property and section lines, boundaries of incorporated areas, streets, buildings, lakes and watercourses.
2. b.
   Any existing or proposed sanitary and storm sewers, water mains and culverts within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat.
3. c.
   The proposed location and width of streets, alleys, lots, building and setback lines and easements, and the proposed width and grade of street paving.
4. d.
   The title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract.
5. e.
   The names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsubdivided land.
6. f.
   North point, scale and date.
7. g.
   The contours of the land, based on the city datum.

1. a.
   The boundary lines of the area being subdivided, with accurate distances and bearings. The correct legal description of the property being subdivided shall be shown on the plat.
2. b.
   The lines of all proposed streets and alleys with their width and names.
3. c.
   The accurate outline of any portions of the property intended to be dedicated or granted for public use.
4. d.
   The lines of adjoining streets and alleys with their width and names.
5. e.
   All lot lines, together with an identification system for all lots and blocks.
6. f.
   The location of all building lines and easements provided for public use, services or utilities.
7. g.
   All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and any other areas for public or private use. Linear dimensions are to be given to the nearest one-hundredth of a foot.
8. h.
   The radii, arcs, chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.
9. i.
   The location of all survey monuments and bench marks, together with their descriptions.
10. j.
    The name of the subdivision, the scale of the plat, points of the compass and the name of the owner or subdivider.
11. k.
    The certificate of the surveyor, attesting to the accuracy of the survey and that permanent reference monuments have been established according to law.
12. l.
    Private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
13. m.
    Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting or dedicating or easements required.

1. a.
   Street improvements. All streets and public ways shall be graded to their full width, including side slopes, and to the appropriate grade, and shall be surfaced in accordance with applicable standard specifications of the city or county. Such construction shall be subject to inspection and approval by the city engineer.
2. b.
   Sidewalks. Concrete sidewalks shall be constructed along both sides of all streets; except, that it shall be within the discretion of the city commission, upon sufficient cause being shown, to waive the requirement of sidewalks on one side of the street in residential areas.
3. c.
   Water lines.

   1. 1.
      Where an approved public water supply is reasonably accessible or procurable, each lot within the subdivision area shall be provided with a connection to such water supply. Fire hydrants shall also be installed in all subdivisions.
   2. 2.
      In areas outside the city limits, pending availability of a public water supply, the subdivider shall construct wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. The water supply system shall be constructed under supervision of the county health officer and shall comply with all regulations of the state board of health.
4. d.
   Sanitary sewers.

   1. 1.
      Where an adequate public sanitary sewer is reasonably accessible, each lot within the subdivided area shall be provided with a connection to such sanitary sewer. All connections and the subdivision sewer system shall comply with regulations of the state department of health and shall be approved by the city engineer.
   2. 2.
      Where sewers are not accessible and no plans for sewers have been prepared, the subdivider shall install individual sewage disposal devices for each lot. All such individual sewage disposal systems shall be constructed in accordance with regulations and requirements of the state department of health, and under the supervision of and approval by the county health officer.
5. e.
   Drainage. All necessary facilities, either underground pipe, canals or drainage ditches, shall be installed to provide adequate disposal of surface water and to maintain any natural watercourses.
6. f.
   Street lights. Street lights shall be so located as to illuminate the area adequately during hours of darkness.

1. a.
   Preserve, protect, enhance and perpetuate resources which represent distinctive and significant elements of the city's historical, cultural, social, economical, political, archaeological, and architectural identity; and/or serve as visible reminders of the city's culture and heritage;
2. b.
   Ensure the harmonious, orderly, and efficient growth, prosperity and development of the city through retention and reuse of its historic and cultural resources;
3. c.
   Strengthen civic pride and cultural stability through neighborhood conservation;
4. d.
   Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its resources;
5. e.
   Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided;
6. f.
   Promote the use of resources for the education, pleasure, and welfare of the people of the city;
7. g.
   Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions within the city's historic districts and neighborhoods;
8. h.
   Protect and enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the city;
9. i.
   Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty and special architectural features of the city;
10. j.
    Avoid demolition, or other adverse effect on historic properties (properties) and districts, which would cause an irreparable loss to the city;
11. k.
    Assist neighborhoods to achieve a positive neighborhood identity and sense of place.

1. a.
   Association with events that have made a significant contribution to the broad patterns of the city's history; or
2. b.
   Association with the lives of persons significant in the city's past; or
3. c.
   Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
4. d.
   Has yielded, or may be likely to yield, information important in prehistory or history.

   1. 1.
      Ordinarily cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, buildings or structures that have been moved from their original locations, reconstructed historic buildings or structures, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the West Palm Beach Register of Historic Places. However, such a property will qualify if it is an integral part of a district or if it meets any of the following descriptions:

      1. i.
         A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
      2. ii.
         A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving resource most importantly associated with a historic person or event; or
      3. iii.
         A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with such figure's productive life; or
      4. iv.
         A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events; or
      5. v.
         A reconstructed building or structure when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
      6. vi.
         A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own exceptional significance; or
      7. vii.
         A property achieving significance within the past 50 years if it is of exceptional importance.

1. a.
   Association with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad patterns of the city's history and from which an understanding and appreciation of those patterns may be gained; or
2. b.
   Association with the important lives of persons significant in the city's past; or
3. c.
   Properties that represent some great idea or ideal of the American people; or
4. d.
   Embodies a high level of historic integrity of the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
5. e.
   Properties that are composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition, but collectively compose an entity of exceptional historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture.
6. f.
   Has yielded, or may be likely to yield information, of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over areas of the United States. Such sites are those which have yielded, or which may reasonably be expected to yield, data affecting theories, concepts and ideas to a major degree.

1. a.
   A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
2. b.
   A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving resource most importantly associated with a historic person or event; or
3. c.
   A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with such figure's productive life; or
4. d.
   A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events; or
5. e.
   A reconstructed building or structure when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
6. f.
   A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own exceptional significance; or
7. g.
   A property achieving significance within the past 50 years if it is of exceptional importance.

1. a.
   Applications for historic designation or landmark status may be initiated by only the following:

   1. 1.
      Historic preservation board.
   2. 2.
      City commission.
   3. 3.
      Preservation planners.
   4. 4.
      A property owner for designation of a site.
   5. 5.
      A majority of property owners (51 percent) for designation of a district.
2. b.
   Only the board or the city commission may initiate designation of a property or district owned by the city, county or state or by an entity created by state law. For district designations, each property shall be allotted one vote. The identity of the property owners shall be determined by the most current county property tax rolls.

If the division does not grant administrative approval of an application, the application will be referred to the board for review. Any applicant may request referral to the board rather than administrative review. An application referred by the division or an applicant will be considered in accordance with the application review schedule contained in this section.

1. a.
   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. b.
   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3. c.
   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. d.
   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5. e.
   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. f.
   Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. g.
   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of buildings or structures, if appropriate, shall be undertaken using the gentlest means possible.
8. h.
   Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. i.
   New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10. j.
    New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

1. a.
   New construction and alterations. The following design elements and features should be visually compatible with resources in the surrounding buildings.

   1. 1.
      Setting, orientation and setbacks. The building should be situated approximately the same distance from the street as adjacent buildings, to create a continuous street edge. The orientation of the building should be consistent with that of the surrounding buildings. The setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways and accessory structures.
   2. 2.
      Building height. The height of the building at street level should be visually compatible with the height of surrounding buildings.
   3. 3.
      Design styles. New buildings should take their design cues from the surrounding buildings. Traditional or contemporary design standards and elements should relate to the surrounding buildings.
   4. 4.
      Proportion of openings. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the surrounding buildings.
   5. 5.
      Rhythm of solids to voids. The relationship between solids (walls) and voids (windows and doors) of a building should be visually compatible with the surrounding buildings.
   6. 6.
      Rhythm of spacing along the street. The relationship of buildings to the open space between them should be compatible with the other buildings on each side of the street in that block.
   7. 7.
      Relationship of materials and textures. The materials and textures of a building should be chosen with the predominant materials of the historic district in mind. Simplicity in such use is preferable.
   8. 8.
      Roof shapes. The roof shape of a building is a major distinguishing feature. The roof shape of a new building should be compatible with those of the buildings in the historic district.
   9. 9.
      Size, scale, bulk, mass and volume. The physical size, scale, bulk, mass and volume should be compatible with the surrounding buildings without overwhelming them.
2. b.
   Demolition.

   1. 1.
      Certificate of appropriateness. No building or structure on a property or located within a district shall be demolished without first receiving a certificate of appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the board simultaneously. The requirement of a certificate of appropriateness for new construction may be waived by the board upon a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the property owner. A showing of good cause may include, but is not limited to, evidence that the property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. Upon approval by the board of a certificate of appropriateness for demolition, the demolition permit shall not be issued until all demolition and new constructions plans for the property have received all other required governmental approvals.

      1. i.
         Any non-contributing primary structure that is 35 years old or older within a historic district that was surveyed, designated or redesignated more than five years ago must obtain an independent review of an historic preservation consultant (contracted through the city meeting the National Park Service Professional Qualification Standards for Historic Preservation) to determine if the structure would contribute to the district if the district was resurveyed.
   2. 2.
      Denial. The existence of one or more of the following conditions may be the basis for denial of a demolition application:

      1. i.
         The resource contributes significantly to the historic character of designated property or district.
      2. ii.
         The resource is listed on the National Register.
      3. iii.
         The resource is one of the last remaining examples of its kind in the neighborhood or city.
      4. iv.
         The resource is capable of being repaired and reused in a practical and feasible manner.
      5. v.
         Retention of the resource would promote the general welfare of the city by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage.
      6. vi.
         Granting a certificate of appropriateness for the demolition would result in an irreparable loss to the city of a significant resource.
      7. vii.
         The plans for the simultaneous new construction (if the demolition is granted) are not compatible with the property or district.
      8. viii.
         The report provided to the Historic Preservation Board by an Historic Preservation Professional meeting the National Park Service Qualification Standards for Historic Preservation indicates the property may be considered contributing.
   3. 3.
      Demolition delay period. The board may grant a certificate of appropriateness for demolition which may contain a delayed effective date. The effective date will be determined by the board based on the relative significance of the resource and the probable time required to arrange a possible alternative to demolition. The board may delay demolition for up to three months. During the demolition delay period, the board may take such steps as it deems necessary to preserve the resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the property by public or private bodies, or agencies; and exploration of the possibility of moving the resource.
   4. 4.
      Salvage and preservation of specific features. The city commission upon recommendation by the board may require the property owner, at city expense, to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like.
   5. 5.
      Initiation of designation. If an undesignated property warrants it and it is otherwise authorized under the historic preservation provisions of this chapter, the preservation planners may initiate, or recommend that the board initiate, the designation application and review process. The preservation planners may further request that the board require that the issuance of a demolition permit be stayed pending the board's review of the application and the city commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this subsection (c)(4)b.5. of this section is 120 days, unless extended by the city commission.
3. c.
   Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application:

   1. 1.
      The historic character or aesthetic interest of the resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or district.
   2. 2.
      There are no definite plans for the area to be vacated.
   3. 3.
      There are definite plans for the area to be vacated that may adversely affect the character of the district.
   4. 4.
      The resource cannot be moved without significant damage to its physical integrity.
   5. 5.
      The proposed relocation area is not compatible with the historic, cultural, and architectural character of the resource.
   6. 6.
      Little or no effort has been made to consider relocation within the same district or within another district with compatible historic, aesthetic, cultural, or design qualities with the relocated resource.

Such conditions may include, but are not be limited to: ad valorem tax relief, loans or grants, requiring the owner to market and offer the property for sale for a fair market price with appropriate preservation protections for a period of time not to exceed six months, acquisition by a third party for a fair market value, taking by eminent domain and fair compensation, building and zoning code modifications, relaxation of the historic preservation provisions of this chapter, recommendation by the mayor that some or all of the applicable board fees be waived, or such other relief as appropriate.

1. a.
   All attempts by the applicant to comply with the approved planned development ordinance;
2. b.
   The reliance by other parties on the timely performance of meeting the requirements of the planned development ordinance;
3. c.
   Any changed circumstances which may have interfered with the ability of the applicant to meet the time-certain requirement;
4. d.
   Actions of other parties that may have precluded compliance with the planned development ordinance;
5. e.
   The existence of extraordinary mitigating factors;
6. f.
   Consistency with the city comprehensive plan, zoning code and the countywide traffic performance standards ordinance;
7. g.
   Furtherance of the city's goals for redevelopment; and
8. h.
   Pending the zoning code revisions that may be inconsistent with the approved planned development ordinance, which may result in amendments to the approved planned development ordinance.

1. a.
   A legal description of the land subject to the agreement and the names of its legal and equitable owners;
2. b.
   The duration of the agreement;
3. c.
   The development uses permitted on the land, including population densities, and building intensities and height;
4. d.
   A description of public facilities that will serve the development, including who shall provide such facilities; the date of any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;
5. e.
   A description of any reservation or dedication of land for public purposes;
6. f.
   A description of all local development permits approved or needed to be approved for the development of the land;
7. g.
   A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations;
8. h.
   A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and
9. i.
   A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing such permitting requirements, conditions, terms, or restrictions.

1. a.
   Before entering into, amending, or revoking a development agreement, at least two public hearings shall be conducted by the city. One of the public hearings may be held by the local planning agency, the other shall be held by the city commission.

   1. 1.
      Notice of intent to consider a development agreement shall be advertised approximately seven days before each public hearing in a newspaper of general circulation and readership in the county. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.
   2. 2.
      The notice shall specify the location of the land subject to the development agreement, the development uses, proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.