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Astatula City Zoning Code

ARTICLE I

- OVERVIEW AND PROCEDURES

Sec. 59-1.1. - Intent.

The Land Development Code of the Town of Astatula is intended to define procedures and standards for the development of land within the of Town of Astatula in order to promote and protect the community's health, safety and welfare, to preserve and strengthen the quality of the downtown area, to allow for high quality, well-designed new development in appropriate areas and to protect important natural and historic resources.

Zoning is the single most powerful legal mechanism of an overall urban concept, but it does not fully plan building locations, traffic movement or parklands; it does not create beauty, aesthetic order, or amenity. It is the task of the Town, therefore, to preserve various elements of urban beauty and require that new projects enhance the existing appearance.

The plan for achieving beauty must grow out of our special local characteristics of site, aesthetic tradition, and developmental potential. Some local areas of natural beauty are Lake Harris and the uniqueness of our rolling terrain. The vistas and visual delight of these should only be allowed to be enhanced. It is the intent of the Town through this code to achieve a pleasant and comprehensible cohesiveness in our community development.

The general steps for development to follow are described below. They are described in general in this article. Additional details are provided in other documents and other article of this chapter as referenced.

Sec. 59-1.2. - Jurisdiction.

This code applies to lands within the Town limits of the Town of Astatula.

Sec. 59-1.3. - Annexation.

Owners of land outside the Town who desire to be incorporated within the Town may petition for annexation subject to Florida law and the requirements of the Town. The following steps should first be taken:

1.

The existing Town limits should be referenced to determine if the parcel is contiguous to the Town.

2.

The Future Land Use Map of the Comprehensive Plan should be referenced to determine if the parcel is within the Town's planning area; annexations outside the planning area may also be considered.

3.

Town staff should be consulted to determine service capabilities, permitted land uses and the role of the county and other cities.

4.

Petition. The petition for annexation must include:

a.

Proof of ownership;

b.

Name, address and signature of owner;

c.

Survey, including legal description of property and street/road address;

d.

Requested land use designation and zoning;

e.

Method of providing services including water, sanitary sewer, roads, drainage, schools, and police protection;

f.

Justification for the proposal in relation to the comprehensive plan of the Town and the county for ultimate review by the Department of Community Affairs;

g.

Processing fee.

1.3.1.

Procedures for Annexation. Any owner, or authorized representative thereof, of a parcel of land desiring to annex the land into the limits of the Town must submit an application requesting consideration of the annexation by the Town.

1.3.2.

Initiation Point. Applications for annexation must be made to the Town Clerk.

1.3.3.

Submittals and Fees. The application shall be a form provided by the Town, stating at least the applicant's name, a legal description and survey of the property, the current zoning in the County, the requested zoning in the Town, proof of ownership and the reason for the requested annexation. Appropriate application fees shall be paid at the time of the submittal. Review fees from the Town's Consultants will be billed to the Town and passed on to the Applicant as the project is being processed.

1.3.4.

Review Process. The application and any required submittals shall be submitted to the Town Clerk who will review the application to make sure it is complete. The package will then be forwarded to the Town's consulting planner and engineer who will review the application for conformance to the Town of Astatula Land Development Regulations and Comprehensive Plan. The Town's consulting planner and engineer will submit a written staff report to the Planning and Zoning Commission and to the Town Council.

1.3.5.

Review Criteria. The Town shall consider the following criteria in reviewing applications for annexation:

1.

The need and justification for the bringing additional lands into the Town;

2.

The effect of the additional lands, if any, on the particular property and on surrounding properties;

3.

The amount of undeveloped land having the same classifications as that requested in the general area and throughout the Town;

4.

The relationship of the proposed annexation to the purposes of the Town's Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of this code and the Plan;

5.

The availability and provision of adequate services and facilities;

6.

The impact on the natural environment;

7.

Other criteria as may be applicable.

1.3.6.

Notification of Public Hearing. Prior to the adoption of the ordinance of annexation, the Town Council shall hold at least two advertised public hearings. The first public hearing shall be on a weekday at least seven days after the day that the first advertisement is published. The second public hearing shall be held on a weekday at least five days after the day that the second advertisement is published. Each such ordinance shall propose only one reasonably compact area to be annexed.

Sec. 59-1.4. - Small scale comprehensive plan amendment (less than ten acres).

1.4.1.

Procedures. Any owner, or authorized representative thereof, of a parcel of land, less than ten acres in size, desiring to change the future land use designation of that land may submit an application for a Small Scale Comprehensive Plan Amendment.

1.4.2.

Initiation Point. Applications for a Small Scale Comprehensive Plan Amendment must be made to the Town Clerk.

1.4.3.

Submittals and Fees. The application shall be a form provided by the Town, stating at least the applicant's name, a legal description and survey of the property, the current zoning, the requested zoning (if applicable), the current future land use designation, the requested land use designation, proof of ownership and the reason for the requested change. Appropriate fees shall be paid at the time of the submittal.

1.4.4.

Review Process.

1.

The application and any required submittals shall be submitted to the Town Clerk who will review the application to make sure it is complete. The package will then be forwarded to the Town's consulting planner and engineer who will review the application for conformance to the Town of Astatula Land Development Regulations and Comprehensive Plan.

2.

The Town's consulting planner and engineer will submit a written staff report to the Planning and Zoning Commission and to the Town Council.

1.4.5.

Review Criteria. The Town shall consider the following criteria in reviewing applications for a Small Scale Comprehensive Plan Amendment:

1.

The need and justification for the change;

2.

The effect of the change, if any, on the particular property and on surrounding properties;

3.

The amount of undeveloped land having the same classifications as that requested in the general area and throughout the Town;

4.

The relationship of the proposed amendment to the purposes of the Town's Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of this code and the Plan;

5.

The availability and provision of adequate services and facilities;

6.

The impact on the natural environment; and

7.

Other criteria as may be applicable.

1.4.6.

Restrictions on reconsideration.

1.

Whenever the Town Council has taken action to deny a petition to change the future land use of the property, the Town shall not consider any further petition for the same land use change of all or any part of the same property for a period of one year from the date of such action.

2.

The time limits of this subsection may be waived by the Town Council when such action is deemed necessary to prevent injustice.

1.4.7.

Notification of Public Hearing.

Prior to any public hearing on comprehensive plan amendments, the following notification requirements shall be followed:

Notice of public hearing shall be published in a newspaper of general circulation within the Town at least seven days prior to the first Town Council meeting, with a second publication to be at least five days prior to the final Town Council meeting. At least 14 days prior to the Planning and Zoning Committee hearing, notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town. This is superseded by the requirements of section 163.3184, Florida Statutes, or as amended, for Future Land Use Map amendments, when applicable.

Sec. 59-1.5. - Large scale comprehensive plan amendment (larger than ten acres).

1.5.1.

Procedures. Any owner, or authorized representative thereof, of a parcel of land desiring to change the future land use designation of that land may submit an application for a Large Scale Comprehensive Plan Amendment.

1.5.2.

Initiation Point. Applications for a Large Scale Comprehensive Plan Amendment must be made to the Town Clerk.

1.5.3.

Submittals and Fees. The application shall be [on] a form provided by the Town, stating at least the applicant's name, a legal description and survey of the property, the current zoning, the requested zoning (if applicable), the current future land use designation, the requested land use designation, proof of ownership and the reason for the requested change. Appropriate fees shall be paid at the time of the submittal. Applications for a change to the Commercial, multifamily or Planned Unit Development District must include a conceptual site plan.

1.5.4.

Review Process.

1.

The application and any required submittals shall be submitted to the Town Clerk who will review the application to make sure it is complete. The package will then be forwarded to the Town's consulting planner and engineer who will review the application for conformance to the Town of Astatula Land Development Regulations and Comprehensive Plan.

2.

The Town's consulting planner and engineer will submit a written staff report to the Planning and Zoning Commission and to the Town Council.

1.5.5.

Review Criteria. The Town shall consider the following criteria in reviewing applications for a Large Scale Comprehensive Plan Amendment:

1.

The need and justification for the change;

2.

The effect of the change, if any, on the particular property and on surrounding properties;

3.

The amount of undeveloped land having the same classifications as that requested in the general area and throughout the Town;

4.

The relationship of the proposed amendment to the purposes of the Town's Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of this code and the Plan;

5.

The availability and provision of adequate services and facilities;

6.

The impact on the natural environment; and

7.

Other criteria as may be applicable.

1.5.6.

Restrictions on reconsideration.

1.

Whenever the Town Council has taken action to deny a petition to change the future land use of the property, the Town shall not consider any further petition for the same land use change of all or any part of the same property for a period of one year from the date of such action.

2.

The time limits of this subsection may be waived by the Town Council when such action is deemed necessary to prevent injustice.

1.5.7.

Notification of Public Hearing. Prior to any public hearing on comprehensive plan amendments, the following notification requirements shall be followed:

Notice of public hearing shall be published in a newspaper of general circulation within the Town at least seven days prior to the first Town Council meeting, with a second publication to be at least five days prior to the final Town Council meeting. At least 14 days prior to the Planning and Zoning Committee hearing, notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town. This is superseded by the requirements of section 163.3184, Florida Statutes, or as amended, for Future Land Use Map amendments, when applicable.

Sec. 59-1.6. - Rezoning.

All development must be consistent with the zoning district shown on the Town's official zoning map and with the requirements of the zoning article of this chapter. The intent of each zoning district, the uses permitted conditional uses and site development standards are listed for each district in article IV, Zoning Regulations. If the proposed development is allowed in the district only as a conditional use, application for approval may be made as described in below.

1.6.1.

Process for Rezoning. If the proposed development is not allowed in the district, application may be made for rezoning to another district permitted within the Comprehensive Plan Land Use category.

1.6.2.

Initiation Point. Applications for Rezoning must be made to the Town Clerk.

1.6.3.

Submittals and Fees. The application shall be a form provided by the Town, stating at least the applicant's name, a legal description and survey of the property, the current zoning and future land use in the County or Town, the zoning and requested future land use (if applicable) in the Town, proof of ownership and the reason for the requested rezoning. Appropriate Application fees shall be paid at the time of the submittal. Review fees from the Town's Consultants will be billed to the Town and passed on to the Applicant as the project is being processed.

1.6.4.

Review Process. The application and any required submittals shall be submitted to the Town Clerk who will review the application to make sure it is complete. The package will then be forwarded to the Town's consulting planner and engineer who will review the application for conformance to the Town of Astatula Land Development Regulations and Comprehensive Plan. The Town's consulting planner and engineer will submit a written staff report to the Planning and Zoning Commission and to the Town Council.

1.6.5.

Review Criteria. The Town shall consider the following criteria in reviewing applications for Rezoning:

1.

The need and justification for the rezoning;

2.

The effect of the rezoning, if any, on the particular property and on surrounding properties, including compatibility;

3.

The amount of undeveloped land having the same classifications as that requested in the general area and throughout the Town;

4.

The relationship of the proposed rezoning to the purposes of the Zoning Map and Town's Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of this code and the Plan;

5.

The availability and provision of adequate services and facilities;

6.

The impact on the natural environment;

7.

Other criteria as may be applicable.

1.6.6.

Notification of Public Hearing. Prior to any public hearing on rezoning, the following notification requirements shall be met:

These requirements are superseded by the requirements of section 166.041(2), Florida Statutes, or as amended, when applicable.

a)

Adjoining Owners. The Town shall send notice per section 166.041, F.S., or as amended, of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two weeks prior to the Planning and Zoning Committee hearing. Such notice shall include the date, time and place of the public hearing before the Planning and Zoning Committee and the Town Council, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than 150 feet in width.

b)

Posting of Property. At least seven days prior to the Planning and Zoning Committee hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearings, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one sign per 500 feet along any one frontage.

c)

Public Advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten days prior to the final Town Council meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.

Sec. 59-1.7. - Subdividing.

Any person proposing to divide existing parcels of land may do so consistent with the standards of the applicable zoning district and according to the standards and procedures set forth in article VI, [Subdivision] Zoning Regulations.

Sec. 59-1.8. - Site plans.

Developments proposed on properly zoned parcels of record must obtain site plan approval prior to obtaining building permits. Specific requirements are contained in article V, Site Plan Regulations.

Sec. 59-1.9. - Conditional uses.

Use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as outlined in specific requirements contained in article IV, Zoning Regulations. If any zoning district requires a conditional use permit, no person shall erect, construct, or alter any building or structure for such conditional use until a conditional use permit is reviewed and approved by the Town Council.

1.9.1.

Initiation Point. Applications for Conditional Use must be made to the Town Clerk.

1.9.2.

Submittals and Fees. The application shall be a form provided by the Town, stating at least the applicant's name, a legal description and survey of the property, the current zoning and future land use in the Town, proof of ownership, the conditional use requested, and the reason for the requested conditional use. Appropriate Application fees shall be paid at the time of the submittal. Review fees from the Town's Consultants will be billed to the Town and passed on to the Applicant as the project is being processed.

1.9.3.

Review Process. The application and any required submittals shall be submitted to the Town Clerk who will review the application to make sure it is complete. The package will then be forwarded to the Town's consulting planner and engineer who will review the application for conformance to the Town of Astatula Land Development Regulations and Comprehensive Plan. The Town's consulting planner and engineer will submit a written staff report to the Town Council.

a.

The Town Council shall hear and decide requests for conditional uses allowed in article IV hereof. In doing so, the Council may decide such questions as are involved in determining when conditional uses should be granted and either grant conditional uses with appropriate conditions and safeguards or deny conditional uses. After review of an application and a public hearing thereon, the Council may allow conditional uses only upon a determination that use requested:

1.

Is not detrimental to the character of the area or inconsistent with trends of development in the area;

2.

Does not have an unduly adverse effect on existing traffic patterns, movements and intensity;

3.

Is consistent with the Comprehensive Plan; and

4.

Will not adversely affect the public interest.

b.

Every person requesting a Conditional Use Permit shall file an application for a permit with the Town Clerk. The application shall be accompanied by an application fee payable to the Town of Astatula. A conditional use permit may be granted for a use that is generally not permitted in a particular zoning district, but which, if controlled, restricted, or otherwise regulated, would not adversely affect the public health, safety, and general welfare. Such uses may be permitted only if there is compliance with the provisions and standards set forth below.

c.

Every person requesting a Conditional Use Permit shall file an application for a permit with the Town Clerk. The application shall be accompanied by an application fee payable to the Town of Astatula. The amount of the application fee shall be established by separate resolution.

d.

Applications for Conditional Use Permits shall include the following information:

1.

The name, address, and telephone number of the applicant and the owner of the property.

2.

A schematic drawing showing the topography of the property and the dimensions and location of all existing and proposed buildings and improvements, including, but not limited to, signs, driveways, off-street parking areas, loading and unloading areas, roads and streets, and utility easements.

3.

A detailed description of the nature and extent of the proposed conditional use.

4.

Plans or reports describing traffic conditions that will be created by the conditional use.

5.

Complete legal description of the property, including a survey prepared by a Florida Registered Land Surveyor.

1.9.4.

Notification of Public Hearing. Prior to any public hearing on a Conditional Use Permit, the following notification requirements shall be met:

a)

Adjoining Owners. The Town shall send notice of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two weeks prior to the Planning and Zoning Committee hearing. Such notice shall include the date, time and place of the public hearing before the Planning and Zoning Committee and the Town Council, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than 150 feet in width.

b)

Posting of Property. At least seven days prior to the Planning and Zoning Committee hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearings, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one sign per 500 feet along any one frontage.

c)

Public Advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten days prior to the final Town Council meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town

d)

The Town Council, with notice to the petitioner, may revoke a conditional use permit if the permittee fails to use or develop the property in full compliance with the terms and conditions of the permit.

e)

If the Town Council rejects the Conditional Use Permit, it may not reapply for a period of one year.

f)

Conditional Use Permits shall run with the land as long as the conditions of the original Conditional Use Permit are met.

Sec. 59-1.10. - Variances.

A Variance is permission to depart from the literal requirements of a Land Development Regulations.

1.10.1.

Initiation Point. Applications for Variances must be made to the Town Clerk.

1.10.2

Submittals and Fees. The application shall be a form provided by the Town, stating at least the applicant's name, a legal description and survey of the property, the current zoning and future land use in the Town, proof of ownership, the section of the code from which the variance is requested, and the reason for the requested variance. Appropriate Application fees shall be paid at the time of the submittal. Review fees from the Town's Consultants will be billed to the Town and passed on to the Applicant as the project is being processed.

1.10.3.

Review Process. The application and any required submittals shall be submitted to the Town Clerk who will review the application to make sure it is complete. The package will then be forwarded to the Town's consulting planner and engineer who will review the application for conformance to the Town of Astatula Land Development Regulations and Comprehensive Plan. The Town's consulting planner and engineer will submit a written staff report to the Town Council.

a.

The Town Council shall hear and make decisions for variances from the terms of the zoning regulations where, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship upon, and personal to, the applicant therefor, and not surrounding properties. In order to authorize a variance, the Board must find:

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; such on-site conditions may include, but are not limited to, topography, preservation of vegetation, access, vehicular and pedestrian safety and preservation of scenic views;

2.

That the special conditions and circumstances do not result from the actions of the applicant;

3.

That literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant;

4.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

5.

That the grant of the variance will be in harmony with the general intent and purpose of this code and the Comprehensive Plan, will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

6.

The granting of the variance will not be detrimental to the property or improvements in the area in which the property is located.

b.

In granting any variance, the Council may prescribe appropriate conditions and safeguards, the violation of which shall be deemed a violation of this code. The Council may also prescribe a reasonable time limit within which the action for which the variance was requested shall begin, be completed, or both. Under no circumstances shall the Council grant a variance which permits a use not generally, or by conditional use, permitted in the zoning district involved, or any use expressly or by implication prohibited, by the terms of this code in the zoning district involved. Non-conforming uses of neighboring lands, structures or buildings in the same zoning classifications or district, and permitted uses of lands, structures or buildings in other zoning classifications or districts shall not be considered grounds for the authorization of a variance.

c.

Every applicant requesting a Variance shall file an application for a permit with the Town Clerk. The application shall be accompanied by an application fee payable to the Town of Astatula. The amount of the application fee shall be established by separate resolution

d.

Applications for Variances shall include the following information:

1.

The name, address, and telephone number of the applicant and the owner of the property

2.

A sketch shall be prepared which shows the topography of the property and the dimensions and location of all existing and proposed buildings and improvements, including, but not limited to, signs, driveways, off-street parking areas, loading and unloading areas, roads and streets, and utility easements. The topography required for this sketch may be obtained from the USGS Quadrangle Maps or Lake County, if such information is available.

3.

A detailed description of the nature and extent of the requested variance.

4.

Plans or reports describing traffic conditions that will be created by the variance.

5.

Complete legal description of the property, including a survey prepared by a Florida Registered Land Surveyor.

6.

Any other information or data required by the Town Council or the Town's Planning, Engineering, or Legal consultants.

7.

The Town Council, in its sole discretion, may waive any or all of the requirements in subsections 1.10.3d.(2) through (5) of this section.

1.10.4.

Notification of Public Hearing. Prior to any public hearing on Variances, the following notification requirements shall be met:

a)

Adjoining Owners. The Town shall send notice of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two weeks prior to the Planning and Zoning Committee hearing. Such notice shall include the date, time and place of the public hearing before the Planning and Zoning Committee and the Town Council, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than 150 feet in width.

b)

Posting of Property. At least seven days prior to the Planning and Zoning Committee hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearings, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one sign per 500 feet along any one frontage.

c)

Public Advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten days prior to the final Town Council meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.

d)

The Town Council, with notice to the petitioner, may revoke a variance if the permittee fails to use or develop the property in full compliance with the terms and conditions of the variance.

e)

If the Town Council rejects the Variance, it may not reapply for a period of one year

Sec. 59-1.11. - Other town regulations.

Also applicable, but not contained in this code, are building codes, fire codes and other regulations as may be adopted from time to time by the Town.

Sec. 59-1.12. - Other agencies or jurisdictions.

It is the Town's intent that all reviews be coordinated with other agencies and jurisdictions. However, it is the applicant's responsibility to secure all permits required by other agencies and jurisdictions. Applicants are advised to check with all appropriate agencies prior to submitting an application.

Sec. 59-1.13. - Pre-application conference.

Anyone interested in undertaking development in the Town is encouraged to first confer with the Town's staff to determine the most current procedures, submittals, standards, deadlines and fees as well as the identities of other agencies possibly having jurisdiction. However, any information received from staff during this conference is subject to any limitations set forth herein.

Sec. 59-1.14. - Development approval process.

The general processes for various types of development approvals are as follows:

1.

Rezoning (article IV, Zoning Regulations).

a.

Review of application and exhibits by Town staff and Town's planning, engineering, and legal consultants;

b.

Planning and Zoning Commission;

c.

Town Council.

2.

Subdivisions (article VI, Subdivision Regulations).

a.

Preliminary Development Plan.

1.

Review of application and exhibits by Town staff and Town's planning, engineering, and legal consultants;

2.

Planning and Zoning Commission;

3.

Town Council.

b.

Final Development Plan.

1.

Review of application and exhibits by Town staff and Town's planning, engineering, and legal consultants;

2.

Planning and Zoning Commission;

3.

Town Council.

c.

Final (Record) Plat.

1.

Review of application and exhibits by Town staff and Town's planning, engineering and legal consultants;

2.

Planning and Zoning Commission;

3.

Town Council;

d.

Minor Subdivision (article VI, Subdivision Regulations).

1.

Review of application and exhibits by Town staff and Town's planning and legal consultants;

2.

Planning and Zoning Commission;

3.

Town Council.

3.

Site Plans (article V, Site Plan Regulations).

a.

Review of application and exhibits by Town staff and Town's planning and legal consultants;

b.

Planning and Zoning Commission;

c.

Town Council.

4.

Planned Unit Developments (article IV, Zoning Regulations).

a.

Preliminary Development Plan.

1.

Review of application and exhibits by Town staff and Town's planning and legal consultants;

2.

Planning and Zoning Commission;

3.

Town Council.

b.

Final Development Plan.

1.

Review of application and exhibits by Town staff and Town's planning, engineering and legal consultants;

2.

Planning and Zoning Commission;

3.

Town Council.

c.

Subdivision Plat or Site Plan for each section of the PUD (See Subdivision and Site Plan Regulations).

Note: Steps may be combined and/or concurrent reviews may be conducted at the applicant's request and based on the nature of the request and the quality of submittals.

5.

Conditional Uses (articles II, General Provisions, and IV, Zoning Regulations).

a.

Review of application and exhibits by Town staff and Town's planning and legal consultants;

b.

Town Council.

6.

Variances (article I, Overview and Procedures).

a.

Review of application and exhibits by Town staff and Town's planning and legal consultants;

b.

Town Council.

7.

Appeals.

a.

Decisions of the Town Council may be appealed to the Fifth Circuit Court in Lake County.