CITY OF WEST PALM BEACH PLANNING BOARD

ATTACHMENT IVProposed Text Amendments for HedgesThe following sections of the Regulations are proposed for amendment. All underlined textis added, and all text that is strike-through is deleted. Asterisks, * * * * *, indicates language notamended which has been omitted to save space.Sec. 94-38. - Variances.* * * * ** * * * *(a) Purpose and intent. A variance is a departure from the dimensional or numericalrequirements of this chapter where such variance will not be contrary to the publicinterest and where, owing to conditions peculiar to the property and not as a the resultof the action of the applicant, a literal enforcement of the chapter would result inunnecessary and undue hardship. A variance is authorized only for height, area, andsize of structure or size of yards, open spaces, or landscape requirements, or hedgeheight of this chapter. Establishment or expansion of a use otherwise prohibited shallnot be allowed by variance, nor shall a variance be granted due to the presence ofnonconformities in the zoning district or adjoining zoning districts.* * * * *(7) Criteria for granting variances from the maximum height for hedges. Asprovided in F.S. ch. 166, to authorize any variance from the provisions of thischapter, the zoning board of appeals shall find all of the following:a. The subject hedge will be compatible with other similarlandscaping/structures in the neighborhood and is required to mitigateimpacts from adjacent land uses, the subject property’s proximity to publicrights-of-ways, or safety concerns;b. The granting of such variance will not be detrimental or injurious to theproperty or improvements in the general vicinity and district in which theproperty is located;c. The modification will not impair the integrity and character of theneighborhood in which the hedge is located or otherwise detrimental to thepublic welfare;d. The granting of a variance will be in harmony with the general intent andpurpose of these regulations and the comprehensive plan.CRC 11-06 - 11