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O97-15ORDINANCE NO. 097-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 1.5, ARTICLE I, SECTIONS 4 AND 6 OF THE CODE OF ORDINANCES, PROVIDING ADDITIONAL AUTHORITY, FUNCTION, POWER, AND DUTIES OF THE PLANNING AND DEVELOPMENT BOARD; PROVIDING QUASI-JUDICIAL AUTHORITY, FUNCTIONS, POWERS AND DUTIES TO HEAR ADMINISTRATIVE APPEALS, SPECIAL EXCEPTIONS AND VARIANCES; PROVIDING THAT ADDITIONAL AUTHORITY, FUNCTIONS, POWERS AND DUTIES MAY BE ASSIGNED TO THE BOARD BY THE CITY COMMISSION; PROVIDING THAT NOT ALL DECISIONS OF THE BOARD ARE ADVISORY TO THE CITY COMMISSION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has determined that it is necessary to reduce the overlap between city boards' functions and duties; and WHEREAS, the City Commission desires to grant to the Planning and Development Board, the functions and duties formerly held by the Community Redevelopment Advisory Board and the Board of Zoning Appeals; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of efficiency and the general welfare of the citizens of Boynton Beach to provide additional powers, functions and duties to the Planning and Development Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Part III, Chapter 1.5, Article I, Section 4 is hereby amended by adding subsection E., by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 4. duties. Advisory Aa_uthority, functions, powers, and E. Provide recommendations to the community redevelopment agency for matters related to the central business district. 1. The board shall have the power to issue nonbinding recommendations to the community redevelopment agency on matters specifically referred to it be the community redevelopment agency. 2. The board shall have no other powers with respect to the central business district and the community redevelopment agency unless specifically granted or assigned by the City Commission. 3. Ail administrative staff and any other staff support for the duties of the board as set .forth in this subsection shall exclusively be provided by the City of Boynton Beach Department of Community Improvement under the direction and supervision of the city manager. Section 2. That Part III, Chapter 1.5, Article I, is hereby amended by adding Sections 4.1. and 4.2, by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 4.1. Quasi-Judicial Authority, functions, powers, and duties. A. The Planning and Development Board shall have the authority and duty to hear and decide, in a quasi- judicial capacity administratiVe appeals, special exceptions and variances. B. Administrative Appeals. The board has the authority and duty to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this chapter (ordinance). C. Special Exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when such special exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this ordinance. The following standards apply to the board power to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest will not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both. Variances. The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. 1. In order to authorize any variance from the terms of an ordinance, the board must find that: a. 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. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same zoning district. o d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above-mentioned conditions exist with respect to the acquisition of additional property. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan, if the board finds that the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the construction of a single- E o family detached dwelling. Procedures for Variances, Special Exceptions and Appeals of Administrative Actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, struCtures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of Administrative Orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this ordinance, and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken. A majority vote shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. 3. Appeals from decision of Administrative Official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. 4. Stay of Work and Proceeding on Appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall certify to the board that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal is taken and on due cause shown. 5. Hearing of Appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by the Planning Department), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of Decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the Planning and Development Board. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or Denial of Application. a. Upon the denial of an application for relief hereunder, 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. Fo b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for reapplication provided herein shall not apply. Advertising Requirements. Required advertisements for the applicant's request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen {15) days prior to the scheduled Planning and Development Board Meeting. Ail required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. Sec. 4.2. Additional authority~ functions~ powers, and duties~ as assigned by the City Commission. The Planning and Development Board shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance. Section 3. That Part III, Chapter 1.5, Article I, Section 6 is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: fill Sec. 6. Review of board decisions. ii~ Ail decisions of the planning and development board ili shall be advisory to the City Commission, unless otherwise stated in this Article or by ordinance. Disposition of an application or request made through the planning and development board shall not be deemed final until acted on by the City Commission, unless otherwise stated in this Article or by ordinance. Once final, a decision may be reviewed by the filing of a Petition for Writ of Certiorari ~, in the Circuit Court of the 15th Judicial Circuit in and for ti Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and !~i such time shall commence to run from the date the decision ii sought to be reviewed. i! Any determination decisions of the Planning and Development Board must first be appealed to the City Commission within twenty (20) days after rendition of the decision by the Planning and Development Board, prior to any appeal to a court of competent jurisdiction. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. Section 4. Ail ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. said ordinance. Authority is hereby granted to codify Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of May, 1997. SECOND, FINAL READING AND PASSAGE this ~O day of , 1997. ATTEST Clerk-~~ 5/1~97 CITY OF BOYN~70~ACH, FLORIDA ~ayor ?