The town shall have the authority to amend, revise, supplement or repeal the regulations and provisions of this chapter. The town shall also have the authority to grant development approvals pursuant to the procedural and substantive requirements of the code. The code regulations are designed and intended to be consistent with and to further the goals, objectives and policies of the Briny Breezes Comprehensive Land Use Plan. Any amendment to the code and any development approvals granted thereunder shall also maintain consistency with the Comprehensive Plan, pursuant to §§ 153.065 through 153.070.

(Ord. 1-90, passed 1-31-1991)

   The regulations and provisions of this chapter shall be held to be the minimum requirements adopted to encourage orderly growth and the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity and general welfare. If more stringent regulations, restrictions and controls over the use and occupancy of buildings, structures and land and water areas within the town arise from any private contractual relationship between the owners and the occupiers of property, by reason of any rules, regulations, easements and property rights existing between private parties holding title and occupying property under a corporate form of cooperative ownership, the provisions of this chapter shall not supersede or cancel same.

(Ord. 1-90, passed 1-31-1991)

   (A)   Non-repeal of private regulations. This subchapter is not intended to repeal, abrogate or interfere with any of the covenants, rules, regulations or by-laws of any property owners’ association or any corporation created for such purpose, including the provisions contained in cooperative property agreements, proprietary leases, cooperative land ownership and the requirements, rules and regulations imposed under corporate shareholder relationships. The enforcement of all such property rights, easements, covenants and other agreements between property owners, unit occupants, residents, shareholders and stockholders having rights under a corporate form of cooperative land ownership created for such purposes, shall be adjusted directly between the parties themselves, without the involvement of the town.

   (B)   Consent of property owners’ association. Whenever the subject matter of an application for review, approval or change under this subchapter is also governed by independent restrictions and controls imposed by private covenants, agreements, contractual development obligations, or recorded covenants which run with the land, the applicant shall include with the application written documentation that the approval sought has been first approved by the property owners’ association or property management corporation involved.

(Ord. 1-90, passed 1-31-1991)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These definitions shall be supplemented by the definitions contained in §§ 153.020 through 153.032, and also by the definitions contained in §§ 153.045 through 153.050. All of the foregoing definitions shall be applicable to this subchapter.

   BENEFITTING PARCELS. Parcels of land which will be entitled to receive the benefit of the transferred development rights from the controlled parcel.

   BUILDABLE AREA. The net area of a benefitted parcel remaining after deducting any non-buildable area contained therein.

   COMPREHENSIVE PLAN. The same as Comprehensive Land Use Plan which means the official public document adopted by the Town Council as a legislative policy guide to present and future land use decisions.

   CONSERVATION PURPOSES. The conservation of land or water areas, the preservation of buildings or sites of historical or cultural significance and the preserving of land or water areas dominantly in their natural scenic, open or wooded condition.

   CONTROLLED PARCELS. Parcels of land from which the development rights shall be identified, severed and detached for purposes of transfer to benefitted parcels.

   DEVELOPMENT RIGHT. The right of the owner of the fee interest in the land to change the use of the land.

   NON-BUILDABLE AREAS. Land or water areas within the gross area of a benefitted parcel which are not available to the owner for the placement, location or construction of buildings or structures. This may be due either to the physical inability of the surface area to support such construction or to the operation and effect of conservation or preservation restrictions imposed on the area prohibiting or limiting construction thereof.

   OUTDOOR RECREATIONAL OR PARK PURPOSES. Includes, but is not necessarily limited to, boating, golfing, camping, swimming, horseback riding and archaeological, scenic or scientific sites and applies only to land which is open generally to the owners, residents of the park and their guests and invitees.

   OWNER. As applied to a building or land area, the term OWNER shall include any part owner, joint owner, corporate owner, any unit owner in a cooperative form of property ownership, any shareholder in a corporate form of cooperative ownership, trustee, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building, mobile home, land or water area.

   OWNER OF PROPERTY. Same as OWNER.

   PRESERVATION PURPOSE. The protection and continuation of unique ecological characteristics, rare or limited combinations or geological formations or features of a rare or limited nature constituting habitat suitable for fish, plants or wild life, and like uses which would be consistent with conservation, recreation and open space, and coastal protection elements of the Town Comprehensive Plan.

   PUBLIC PURPOSES. A benefit gained by the public by way of conservation of land or water areas, preservation of unique ecological characteristics, or the dedication of land areas in the town which serve the conservation, preservation, outdoor recreation or park purposes of the public or which otherwise facilitates the timely and orderly donation of lands needed by the town for beneficial and aesthetic public purposes or other necessary public purposes.

   SITE. A parcel of land that contains more than one use or principal structure.

   SITE COVERAGE. The portion of a site, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than one foot above the surface ground level.

   SITE PLAN. A graphic and/or narrative description of the details of design relevant to a proposed development. Typically, a SITE PLAN shows the size, nature, setbacks and type of the proposed development with exterior elevations or schematic illustrations of representative buildings and structures which are intended to be included in the application.

   TRANSFER OF DEVELOPMENT RIGHTS. A mechanism which permits the development rights of the controlled parcel to be transferred to one or more benefitted parcels of land for future use.

   UNITY OF TITLE, AS A RECORDED INSTRUMENT. A document recorded in the office of the Clerk of the Circuit Court of the county stipulating that a lot, lots or parcel of land shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.

   UNITY OF TITLE, AS A NON-RECORDED AGREEMENT. A document placed on file in the office of the corporation owner which manages and administers the cooperative association of the town mobile home park. This document may be in the form of a combined stock certificate or as a separate agreement or declaration stipulating that a lot, lots or parcel of land shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.

   USE. The specific purpose for which land, buildings or structures are designated, arranged, intended, used or for which purpose it is or may be occupied, used or maintained; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

   USE-BY-RIGHT. The uses which are enumerated in the district regulations and are compatible with the intent provided for that district.

   ZONING ORDINANCE. An ordinance which rezones specific parcels of real property or which changes the permitted use categories or the regulations pertaining to use and occupancy in a specific zoning district.

(Ord. 1-90, passed 1-31-1991)

   (A)   Public hearing by Planning and Zoning Board. No amendment, supplement or repeal of the code and no development approval granted hereunder shall be made until after the Planning and Zoning Board shall hold a public hearing in relation thereto, and make its recommendation thereon for final action by the Town Council, which shall likewise require a public hearing. At all such public hearings, parties in interest, residents and citizens shall have an opportunity to be heard on the application being considered.

   (B)   Public notice for public meetings and public hearings.

      (1)   Before a public meeting or a public hearing is held by the Town Council, or by the Local Planning Agency, or by the Planning and Zoning Board, or by the Board of Adjustment, or by the Land Development Regulation Commission, the town shall give public notice of such meeting and/or hearing shall by posting a written notice thereof in public display at the entrance to the Town Hall and at two other prominent places within the town at least three days before the date of the public meeting or public hearing. The notice shall contain sufficient information to identify the date, time, place and general purpose of the public meeting or public hearing. This notice may be in the form of a copy of the agenda for the public meeting that identifies the public hearing listed thereon and contains the additional information as herein above set forth. Publication of a notice of a public meeting or a public hearing that appears as a legal advertisement in a newspaper printed in the county may be omitted unless otherwise required by law.

      (2)   In the event that the specific action to be taken at a public meeting or at a public hearing by the Town Council, or by the Local Planning Agency, or by the Planning and Zoning Board, or by the Board of Adjustment, or by the Land Development Regulation Commission requires that the public notice thereof shall be published in a newspaper as a legal notice thereof, then the town shall publish such legal notice according to the notice procedures required and described by the governing law applicable thereto.

   (C)   Alternate notice. In lieu of publishing a notice of such public hearing or meeting in a newspaper as provided herein, the town may mail or otherwise serve a notice of the public hearing to each person owning real property or residing within a radius of 200 feet of the area covered by the petition to amend, supplement or repeal the code or to grant an approval hereunder. Said written notice shall provide at least seven days’ notice of the meeting date and the time and place of the meeting. The failure, however, to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder.

(Ord. 1-90, passed 1-31-1991; Ord. 1-08, passed 2-28-2008)

   (A)   Types of applications covered. The procedures and requirements in this subchapter shall apply in submitting applications for the following procedures:

      (1)   Comprehensive plan amendments;

      (2)   Changes to the zoning ordinance and rezonings;

      (3)   Plat approval;

      (4)   Special permit approvals;

      (5)   Site plan approval;

      (6)   Transfer of development rights;

      (7)   Special exception approvals; and

      (8)   Variance request approvals.

   (B)   Not applicable to building permits. This subchapter shall not apply to the application for, or the issuance of, building permits for uses by right.

   (C)   Filing with Clerk. The party initiating a request for town action hereunder shall file an application for same with the Town Clerk.

   (D)   Filing fees. The town shall charge each applicant the filing fees which are hereby established and required by the town at the time of for type of land development applications covered or procedures provided under this subchapter, or for any amendments or changes thereto. The Town Council shall establish the amount of the filing fee for each type of land development application by the adoption of a town resolution creating a fee schedule for this purpose. All applicants shall pay the fee as established by the town resolution at the time of filing the application with the town. All fees shall be made payable to the town, and deposited with the Town Clerk for collection.

   (E)   Filing dates, generally. All applications shall be submitted to the Town Clerk no later than 30 days prior to the next regularly scheduled Planning and Zoning Board meeting.

   (F)   Scheduling and supporting documents. Upon receipt of a completed application, the Town Clerk shall place it on the calendar of the Planning and Zoning Board. when the application is placed on the calendar, the Town Clerk shall inform the Town Zoning Official, who shall examine the application for completeness, and may request the applicant to present additional information, if necessary, to support the application. All supporting material must be in hand no later than ten days prior to the meeting date.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007)

   (A)   Contiguous property requirement. All properties within a single application must be contiguous and abutting each other so as to be considered as a joint property for the purpose of a single application. Otherwise separate properties shall not be combined for the purpose of application but shall be the subject of separate petitions and filing fees.

   (B)   Official forms. No application shall be accepted unless it is presented on the official forms provided by the town. The application shall be prepared and submitted with the number of copies thereof as may be requested by the Zoning Official, but not to exceed a maximum number of 12.

   (C)   Completeness. Before an application may be accepted, it must fully comply with all required information enumerated herein, unless waived by the Town Council.

(Ord. 1-90, passed 1-31-1991)

   (A)   Scope of review by Planning and Zoning Board. In conducting public hearings on the applications provided hereunder, the Planning and Zoning Board may recommend appropriate conditions, restrictions, limitations and safeguards for approval which it deems necessary or desirable to:

      (1)   Avoid excessive noise, traffic, disease or other obnoxious hazards;

      (2)   Maintain the present and future land use plan and/or use trend of the subject area;

      (3)   Produce minimum visual, audible or ecological pollution; and

      (4)   Provide for adequate provisions for the service of required public necessities, transportation, water supply, sewage disposal, drainage and sanitation solid waste purposes.

   (B)   Report by Board. Within 30 days after the public hearing on any application for review, report or referral on a zoning, development or planning matter, the Planning and Zoning Board shall record its review, analysis and recommendations in written form.

   (C)   Contents of Board report. In preparing its recommendation for approval, revision or denial of an application, the Board shall state:

      (1)   The relevant information submitted by the applicant and gathered by the Board, including exhibits, studies, reports or other matters presented;

      (2)   The significant findings of facts and conclusions regarding the applications conformance with the requirements of this Code; and

      (3)   The findings regarding of the application’s impact on traffic, utility services, drainage or educational opportunities, recreational facilities, noise disruptive or adverse impacts on adjacent properties, the character of the site and district, the suitability of the site for the particular use requested and the impact of the application on the promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare of the town and its residents.

   (D)   Minutes of meeting. Minutes will be kept of all meetings and proceedings of the Board and shall include and state the vote of each member on each question.

   (E)   Recommendation by Planning and Zoning Board. After the Board rules on the application, it shall make its recommendation to the Town Council, and/or the Board of Adjustment, and forward any relevant explanation or prescribed conditions of approval. All such material shall become part of the file on such application, and available for public inspection.

   (F)   Record of proceedings. All information, documents, maps, exhibits and supplemental information reviewed by the Planning and Zoning Board shall be transmitted to the Town Council and/or, to the Board of Adjustment, for final action. No additional information or documents, shall be presented by the applicant to the Town Council and/or Board of Adjustment for review, unless this requirement is waived.

(Ord. 1-90, passed 1-31-1991)

   (A)   Public hearing by Town Council. Within 30 days of receipt of the Planning and Zoning Board recommendations and record of proceedings, the Town Council shall hold a public hearing to hear and decide the application and to act on the application, as required by law.

   (B)   Authority. At its public hearing, the Town Council shall consider and take final action upon the application, and shall exercise its lawful authority to amend, supplement or repeal the regulations and provisions of this chapter, and to grant, deny or revise the request or application for development approval.

   (C)   Action at hearing. The Town Council shall have the authority to approve, disapprove or modify the application submitted, or to defer action for its continued information and review, or to inspect the site in question, or for such reasonable cause extended by the Council as its justifiable reason.

   (D)   Record of final action. When the final action has been taken by the Town Council, its record and minutes shall be open to the public. Upon request, the Town Clerk shall provide the applicant with a copy of the certified minutes of the action taken on the application.

   (E)   Application amendment and withdrawal. The applicant may not amend its application after the official notice of the public hearing by the Town Council has been published. Otherwise the applicant must refile in the same manner as for a new application, including the payment of a new application fee, unless waived by the Town Council.

   (F)   Application for rehearing. Whenever, after the review, investigation and hearing by the Town Council, any application for a change in zoning or in the requirements for a zoning district classification has been denied, a re-application cannot be submitted to the town until the expiration of at least six months thereafter.

(Ord. 1-90, passed 1-31-1991)

   (A)   Authority for changes to the Plan. The Town Council shall have the authority to adopt changes to the town’s Comprehensive Plan, as provided by law.

   (B)   Review by Local Planning Agency.

      (1)   Generally. Applications to amend the town’s Comprehensive Plan shall be reviewed by the Planning and Zoning Board sitting as the Local Planning Agency for the town as provided by law. The review of the application to amend the Comprehensive Plan shall be the subject of a public hearing and the Local Planning Agency shall forward its recommendations to the Town Council for final action.

      (2)   Review of the Comprehensive Plan. Applications to amend the town’s Comprehensive Plan, and the review process in connection therewith, shall be conducted by the Local Planning Agency. All meetings of the Local Planning Agency shall be public meetings, and the agency’s records shall be public records. During the procedures required to prepare the Comprehensive Plan, or to review an application for the amendment thereof, the Local Planning Agency shall hold a minimum of one public hearing thereon, with notice to the public. Upon completion of its work, the Local Planning Agency shall forward its recommendations to the Town Council regarding the adoption or amendment of the town’s Comprehensive Plan.

   (C)   Filing dates, Comprehensive Plan. The Comprehensive Plan of the town may only be amended two times each year, or as otherwise provided by law. The deadline for filing an application for a plan amendment with the Town Clerk shall be the close of business on the last Fridays in March and September of each year, except if the town is the applicant for such amendment. Applications by the town to amend the Comprehensive Plan may be commenced at any time during the calendar year, but in no event shall the town receive or consider more than two applications to amend the town’s Comprehensive Plan in each calendar year.

   (D)   Procedure for Comprehensive Plan change. The notice, hearings and other requirements for changing the Comprehensive Plan shall be governed by statutory requirements. The provisions of F.S. §§ 163.3184 and 163.3187, providing for amendments to the Comprehensive Plan, are hereby incorporated into this code by reference and made a part hereof.

   (E)   Evaluation and appraisal report: relation to amending the Comprehensive Plan. The duties of the Planning and Zoning Board acting as the LPA shall include the preparation of an evaluation and appraisal report, hereafter referred to as the EAR, and to make recommendation to the Town Council for the adoption thereof in conformity with the provisions of F.S. § 163.3191. When completed by the town and approved after review by the Department of Community Affairs, the EAR will form the basis for amendments to update the Comprehensive Plan. The EAR shall assess and evaluate the success or failure of the town’s present Comprehensive Plan, including the validity of the projections, the realization of the goals and objectives, the implementation of the Plan’s policies, and the changes in community conditions since the adoption of the Plan. The findings and recommendations contained in the town’s EAR shall also address the effect those changes have in recommending an update of the Plan to meet the present and the future needs of the community. The scope of review of the present Comprehensive Plan which will be needed to complete the EAR will covers many factors. It is the intention of the town that the work of the LPA can best be done in segments over a series of public meetings where attention is focused separately on each of the individual elements or specific portions of the elements which comprise the entire Comprehensive Plan and the effect they have on the community. After completing its review on each segment the LPA shall make its recommendations to the Town Council for adoption, limited each time to those individual areas it has reviewed. It is the intention of the town that the work of the LPA and the Council be coordinated in a continuous process whereby the several individual elements comprising the EAR are presented, reviewed and made the subject of recommendations by the LPA for adoption by the Town Council in stages and collected until all the work has been completed and the LPA can make its final recommendation to the Town Council for the adoption of a complete and final EAR document.

(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007; Ord. 1-08, passed 2-28-2008)

   (A)   Authority for zoning change. The Town Council shall have the authority to make changes to the zoning ordinances, to rezone property from one zoning classification to another, and to make other changes to this code. The exercise of this authority shall require that all such changes shall be consistent with the goals and objectives of the Comprehensive Plan and that they benefit the general welfare of the community. The Town Council in taking final action of approval shall determine that the application is in compliance with all applicable criteria.

   (B)   Review by Planning and Zoning Board. Applications to rezone property or to change the zoning requirements within the zoning districts shall be reviewed by the Planning and Zoning Board at a public hearing and its recommendations forwarded to the Town Council for final action.

   (C)   Contents of rezoning application. An application for a rezoning or zoning change shall include a submission of the following information and supporting documents:

      (1)   A statement of the petitioner’s interest in the property and the written consent to the petition by all owners of record;

      (2)   A plot plan or boundary sketch which has been reviewed and approved by the duly appointed representatives of any property owners’ association or property management corporation, together with a lot and block reference or other means of legal description identifying the property of the application;

      (3)   A complete list of all property owners and mailing addresses for all property within 200 feet of the subject parcel as recorded in the latest official tax roll prepared by the County Property Appraiser or otherwise determined;

      (4)   A statement of the special reasons or basis for the rezoning or zoning change, including the intended use and development of the property shown on an adequate site plan;

      (5)   The existing and/or proposed development of the site;

      (6)   Surrounding land uses within 100 feet of the site; and

      (7)   Other reasonable information requested by the town which is commensurate with the intent and purpose of this code.

   (D)   Criteria for zoning change. In the review of applications for a rezoning or zoning change, the following criteria shall apply. In order to approve the rezoning or change requested, the town must find substantial compliance with the following requirements.

      (1)   The requested change shall lessen congestion in the streets, secure safety from fire, panic and other dangers, promote health, morals and the general welfare, provide adequate light and air, prevent the overcrowding of land or buildings, avoid undue concentration of population, provide for adequate public facilities and utilities, preserve natural resources, promote adequate storm drainage, and enhance the beauty and visual interest of the community.

      (2)   The requested change shall be in keeping with the development characteristics of the zoning district in which the property is located, and be suitable to the use proposed. The approval should encourage the most appropriate use of land through out the town with a view of conserving the value of property affected.

   (E)   Time limit for zoning changes. A rezoning or a change to the criteria of a zoning district is valid until subsequently amended or repealed by the town in conformance with this subchapter.

(Ord. 1-90, passed 1-31-1991)

   Applications for plat approvals shall be reviewed by the Planning and Zoning Board and its recommendations forwarded to the Town Council for final action, pursuant to the provisions set forth in §§ 153.045 through 153.050.

(Ord. 1-90, passed 1-31-1991)

   (A)   Authority for special permits. The Town Council shall have the authority to grant applications for special permits in accordance with the procedure as hereinafter set forth.

   (B)   Nature of special permits. A special permit is a conditional approval by the Town Council for a temporary use not provided for under the general regulations of this chapter. In granting approval for a special permit, the Town Council must find that such permit is not contrary to the general purpose and intent of the code and that such approval will not injure the area involved or be otherwise detrimental to the public welfare.

   (C)   Review by Planning and Zoning Board. Requests for special permits are to be reviewed by the Planning and Zoning Board at a public hearing and its recommendations forwarded to the Town Council for final action.

   (D)   Contents of application for special permit. An application for a special permit shall include the same general information and supporting documents as required for a zoning change. The applicant shall submit sufficient data, information and/or a site plan as deemed necessary for a proper understanding of the present conditions, the proposed changes and the consequential effects of the application on both the property in question and the surrounding area.

   (E)   Time limit for special permit approvals. A special permit shall be effective for a maximum period of six months and may, upon application to the Town Council be extended for one or more extensions of an additional six-month period.

(Ord. 1-90, passed 1-31-1991)

   (A)   Site plan review. To assure the satisfactory development of land within the town, a suitable development site plan shall be submitted for review to the town in conformance with the regulations that follow.

   (B)   Review of small development projects. Residential development of five lots or less, involving or the combination of not more than five existing lots into one building site, shall be reviewed by the Town Zoning Official, who shall have the authority without Council approval, to approve same if it meets the requirements hereof.

   (C)   Review of site plan by Planning and Zoning Board. Requests for site plan review for residential developments of more than five lots, and all nonresidential developments are to be reviewed by the Planning and Zoning Board at a public hearing and its recommendations forwarded to the Town Council for final action.

   (D)   Approval required before issuance of building permit. No building permit, as required by §§ 153.120 through 153.125, shall be issued unless and until the application has been approved by the Town Zoning Official, or, when required, by higher authority. The Zoning Official shall complete the review and render a written decision on the application, including any reasons for denial and any recommendations for change or modification thereto, without undue delay, and shall furnish a copy thereof to the applicant. The written decision by the Town Zoning Official shall complete processing of the application, except when further review is required by the Planning and Zoning Board and needs the approval by the Town Council.

   (E)   Contents of application for site plan review. The party making a request or submission for review of a development site plan shall provide the following information:

      (1)   A plot plan drawn to scale and have a minimum scale of one inch equals 100 feet on sheet not to exceed a size of 24 inches by 36 inches maximum;

      (2)   A site plan at a scale of not less than one inch equals 200 feet. If the plan requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet. The plan shall include information showing all legal and equitable ownership of land involved;

      (3)   The existing public and private streets, easements or other reservations of land within the proposed site shall be shown;

      (4)   The application shall show the approximate location of all existing structures on the site, as well as those on adjacent properties within 100 feet of the site;

      (5)   The use and approximate dimensions and location of all proposed buildings and other structures shall be shown;

      (6)   All existing and proposed means of vehicular and pedestrian access to and from the site shall be shown, together with the location and width of all proposed streets, walkways and off-street parking facilities to serve the various buildings and uses on the site;

      (7)   Proposals for disposing of sanitary waste, storm water, solid waste and for providing public water facilities, emergency services and other public improvements as may be required by the development;

      (8)   A proposed landscape plan shall be drawn to a scale of not less than one inch equals 60 feet, including dimensions and distances. The plan shall clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles and driveways. It shall contain a statement for providing sprinkler and/or water outlets, the location, size and description of all landscape materials, the location and size of buildings, and shall designate by name and location the plant material to be installed or used thereon.

      (9)   A statement indicating the location of any environmentally sensitive lands on the property;

      (10)   Exterior elevation(s) or schematic illustration(s) typical of building(s) or structure(s) to be located on the site, if required;

      (11)   A statement of the major planning assumptions and objectives of the development project, including the projected population, proposed density and the land use for each parcel within the project;

      (12)   The location and size of any open space and recreation areas;

      (13)   Proposed fencing, screening and landscaping;

      (14)   Proposed location, direction and type of outdoor parking and security lighting;

      (15)   Proposed location, size and type of permanent outdoor signs; and

      (16)   Any other reasonable information to understand and process the application required by the town commensurate with the intent and purpose of this subchapter.

   (F)   Time limit for site plan approvals.

      (1)   Site plan approval granted under this subchapter shall lapse if the development approved has not been commenced within 12 months of the date of approval.

      (2)   After the effective time limitation has expired, subsequent approvals or extensions shall be subject to any changes in development regulations.

(Ord. 1-90, passed 1-31-1991)

   (A)   Purpose. The purpose of this subchapter is to encourage private land development which implements the orderly growth in the town, and preserves, protects and conserves natural and human-made resources.

   (B)   Intent. The intent of this subchapter is to encourage development where adequate infrastructure can be provided, while conserving those areas of environmental sensitivity which afford the natural, renewable resources that are vital to the vitality and well-being of the town.

   (C)   Method of compensation. The method of compensation contemplated for this subchapter is to grant private land owners additional densities in the form of transferable residential dwelling units in exchange for their timely and orderly donation of lands needed by the town for beneficial and aesthetic public purposes, such as conservation, preservation, open space, parks, outdoor recreational uses or other public purposes.

   (D)   Procedure for transfer. A landowner who desires to take advantage of the benefits available under this subchapter shall make application to the town specifying the controlled parcel, the benefitted parcel and the development rights intended for transfer. Proof of ownership of the land areas involved, legal description or other identification of the parcels and a description of the public benefit to be derived by the town as a result of said transfer shall be stated in sufficient detail for a clear understanding of the proposal. The town may request the landowner to donate lands which it deems desirable for public purposes. The Zoning Official shall review and evaluate all such proposals, and shall confer and negotiate with the applicant to obtain revisions to the proposal which conform to the spirit and intent of this subchapter and shall submit same, with staff recommendations, for the consideration and action of the Planning and Zoning Board and the Town Council. The final approval of a transfer of development rights shall be implemented by a town ordinance.

   (E)   Vesting of rights. An ordinance transferring development rights as to specific parcels of real estate shall vest specific and identified rights enumerated in said ordinance in the name of the owner or owners of the benefitted parcel until the specific application for use thereof is made by said owner to the town, and is so granted and approved by the town. Such rights may be transferred by the owner to the grantee in a conveyance of the benefitted parcels.

   (F)   Limitations on use of transferred rights. Written application for use of transferred development rights must be made by the owner to the town. The Town Council shall have the right of approval or denial thereof, subject to the terms, provisions, conditions and restrictions of this subchapter or to special conditions which may be imposed and contained in the implementing ordinance granting the specific transfer approval.

   (G)   Maximum allowance limited to 25%. An application for the transfer of development rights shall be limited exclusively to the benefitted parcels specified therein, and may include all or part of such rights as they relate to a land development site. A transfer shall not be applied which exceeds the density under the current development regulations by more than 25%. The determination of any such deviation to be applied to the benefitted parcel shall be specified in the land development approval process by the town. If the gross area of the benefitted parcel contains portions which are considered non-buildable, then, for the purpose of determining the 25% maximum bonus application to such site, the computation shall be based solely upon the net buildable area.

   (H)   Continuation of rights. Any transfer of development rights which remain unused by the owner thereof after application to a specific land development application shall continue to be valid and enforceable rights of the owner, and applicable to any further or future application requests, without time limitation until so used, provided however, that such right can only be used or applied to the benefitted parcels as contained in the ordinance granting specific transfer approval.

(Ord. 1-90, passed 1-31-1991)

   (A)   Authority for special exceptions. The Town Council shall have the authority to issue special exceptions. The exercise of this authority require that the provisions for such special exceptions shall be contained within the regulations for the zoning district where the property is located, and that the approval thereof shall be consistent with the goals and objectives of the Comprehensive Plan. One of the necessary elements required for approval is that the Town Council shall find that the granting thereof will avoid an adverse impact upon the general welfare of the community. The Town Council, in taking final action to authorize the issuance of a special exception for the property in question, shall also find that the application complies with the criteria for special exception approvals as hereinafter set forth.

   (B)   Nature of special exception. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity is permissible. Such uses may be permitted in such zoning districts as special exceptions when contained in the regulations for the applicable zoning district.

   (C)   Review by Planning and Zoning Board. Applications for special exceptions are to be reviewed by the Planning and Zoning Board at a public hearing and its recommendations forwarded to the Town Council for final action.

   (D)   Contents of special exception application. An application for a special exception shall include a submission of the following information and supporting documents:

      (1)   A statement of the petitioner’s interest in the property and written consent to the petition by all owners of record;

      (2)   A plot plan or boundary sketch which has been reviewed and approved by the duly appointed representatives of any property owners’ association or property management corporation, together with a lot and block reference or other means of legal description identifying the property of the application;

      (3)   A complete list of all property owners and mailing addresses for all property within 200 feet of the subject parcel as recorded in the latest official tax roll prepared by the County Property Appraiser or otherwise determined;

      (4)   A statement of the special reasons or basis for the special exception, including the intended use and development of the property shown on an adequate site plan;

      (5)   The existing and/or proposed development of the site;

      (6)   Surrounding land uses within 100 feet of the site;

      (7)   A statement of special reasons or basis for the request, including the intended use and development of the property shown on the site plan. The information to be provided on or with the site plan shall be based upon the size and nature of the proposed development and shall follow the guidelines provided for site plan approval and if required, a plan showing exterior elevations or schematic illustrations of representative buildings shall be included in the application, provided it is relevant to the application; and

      (8)   Any other reasonable information which may be required by the Board which is commensurate with the intent and purpose of this code.

   (E)   Criteria for special exception. In the review of applications for a special exception, the following criteria shall apply. In order to authorize an issuance of a special exception, the Town Council shall find that granting the approval will be in substantial compliance with the following requirements.

      (1)   Be consistent with the goals and objectives of the town’s Comprehensive Plan.

      (2)   Be in harmony and beneficial to the existing land use pattern in the area.

      (3)   Avoid the creation of isolated districts unrelated to adjacent uses.

      (4)   Avoid the creation of density patterns which would overly burden public facilities, existing infrastructure and utility services.

      (5)   Be logical and beneficial to the town, under a change in circumstance or in the existing conditions affecting the property.

      (6)   Serve as a stabilizing or beneficial influence on the living conditions in the neighborhood.

      (7)   Avoid the creation of traffic congestion, promote efficient traffic circulation and assist public safety for vehicular and pedestrian traffic in the area of development.

      (8)   Promote satisfactory control of surface water drainage.

      (9)   Preserve adequate light and air to adjacent properties.

      (10)   Sustain property values for the subject land and adjacent areas.

      (11)   Promote the improvement and development of adjacent properties in accordance with the existing regulations of the code.

      (12)   Be in harmony with the general intent and purpose of this chapter.

   (F)   Time limit for special exceptions. Approvals granted under the provisions of this subchapter shall lapse if implementation of the development plan in accordance with the approval granted has not been initiated within 18 months from the date of granting approval. If judicial proceedings to review the town’s decision shall be instituted, such time period shall commence to run from the date of entry of the final order in such proceedings, and any appeals thereof.

(Ord. 1-90, passed 1-31-1991)

   (A)   Authority for variance. Upon appeal to the Board of Adjustment, the Board may allow a variance authorizing relief or waiver from the terms and requirements of this code. Such authorization, which shall not be contrary to the public interest, may grant relief from the literal enforcement of this Code, because of undue or unnecessary hardship on the person appealing. The Board, in authorizing any variance, must find that the application for such change meets the criteria for variance request hereinafter set forth.

   (B)   Review by Planning and Zoning Board. Variance requests are to be reviewed by the Planning and Zoning Board at a public hearing and its recommendation shall be forwarded to the Town Council, sitting as the Board of Adjustment, for final action.

   (C)   Public hearing by Board of Adjustment. Within 30 days of receipt of the Planning and Zoning Board recommendations and record of proceedings, the Town Council, sitting as the Board of Adjustment, shall hold a public hearing to hear and review the application, and shall act on the application as required by law.

   (D)   Contents of variance application. An application for a variance shall require the submission of the following information and supporting documents:

      (1)   A statement of the petitioner’s interest in the property and the written consent to the petition by the owners of record and any property owners association having jurisdiction thereof;

      (2)   A plot plan or boundary sketch which has been reviewed and approved by the duly appointed representatives of any property owners’ association or property management corporation, together with a lot and block reference or other means of legal description to identify the property of the application;

      (3)   A complete list of all property owners and mailing addresses for all property within 200 feet of the subject parcel as recorded in the latest official tax roll prepared by the County Property Appraiser or otherwise determined;

      (4)   A statement of the special reasons or basis for the variance request, including the intended use and development of the property shown on an adequate site plan;

      (5)   The existing and/or proposed development of the site;

      (6)   Surrounding land uses within 100 feet of the site; and

      (7)   Any other reasonable information which may be required by the Board which is commensurate with the intent and purpose of this chapter.

   (E)   Criteria for variance request.

      (1)   In the review of applications for a variance, the following criteria shall apply.

      (2)   To authorize the issuance of a variance, the Board of Adjustment shall find that all of the following requirements are met by the property which is the subject of the application.

         (a)   Special conditions and circumstances exist which are peculiar to the land, structure or building involved, which are not generally applicable to other lands, structures or buildings in the same zoning district.

         (b)   The special conditions and circumstances involved do not result from the actions of the applicant.

         (c)   The literal interpretation of the provisions of the code would deprive the applicant of those which are rights commonly enjoyed by other properties in the same zoning district and which would work unnecessary and undue hardship on the applicant.

         (d)   The variance, if granted, would be the minimum variance that will make possible the use of the land, building or structure.

         (e)   The grant of the variance will be in harmony with the general intent and purpose of the code.

         (f)   The grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

   (F)   Conditions for issuance of variances. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the code, violations of such conditions and safeguards if made a part of the terms under which the variance is granted, shall be deemed a violation of this code. The Board of Adjustment may also prescribe a reasonable time limit within which the variance shall be begun, or completed, or both.

   (G)   Limitations on issuance of variances. The Board of Adjustment shall not grant a variance which permits a use or special exception which is not permitted in the zoning district involved. The 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. Financial hardship alone shall not be considered sufficient evidence of the type of hardship required for the granting of a variance.

   (H)   Time limit for variance approvals. Unless a longer time period is provided by the Board, variances granted hereunder shall lapse if not implemented within 18 months from the date of approval. If judicial proceedings to review the issuance of the variance are instituted, such time period shall run from the date of entry of the final order in such proceedings, including all appeals.

   (I)   Review of Board of adjustment decisions. The decision of the Board of Adjustment in granting or denying a variance shall be final. The Board’s decision may be reviewed by the filing of a petition for writ of certiorari in the Circuit Court of the county, in accordance with the procedure and time limits prescribed by the applicable court rules.

(Ord. 1-90, passed 1-31-1991)