Brooksville City Zoning Code

ARTICLE VIII

ADMINISTRATION, APPLICATION AND APPEAL PROCEDURES

Sec. 8-1.1. - Establishment of Local Planning Agency.

The Brooksville Planning and Zoning Commission shall be designated as the Local Planning Agency for the City of Brooksville.

(Ord. No. 938, § 2, 3-7-2022)

Sec. 8-1.2. - Chief Administrative Officer.

The City Manager shall be considered the Chief Administrative Officer and shall be charged with the authority to enforce the regulations and procedures of this Code. The City Manager, in the performance of the necessary duties and functions, may enter upon any land and make examinations and surveys that do not cause damage or injury to private property. For the purpose of performing any of the duties and functions necessary to administer and enforce this Code, the City Manager may appoint appropriate persons as designees who shall have and exercise the authority of the Chief Administrative Officer.

Sec. 8-1.3. - Development Review.

An administrative development review process is hereby established and shall be accomplished by City departments, divisions and agencies responsible for reviewing land development proposals. Such departments, divisions and agencies facilitating and effecting the development review process, when applicable, shall include: Department of Administration; Finance Department; Community Development Department, Building Division; Law Enforcement Agency, Fire Department; Parks and Recreation Department; and Public Works Department.

(a)

Procedures. The Community Development Department shall coordinate the administrative development review process and shall maintain records of final decisions based on review and subsequent issuance of development orders and/or development permits.

(b)

Powers and duties. The staff conducting administrative development reviews is hereby authorized and responsible for reviewing applications for annexation, subdivisions, site plans, street vacations, planned development projects, developments of regional impact and other applications referred for review by the City Manager. In reviewing such applications, the staff conducting the development review shall recommend approval, denial or approval with conditions, amendments or modifications. The recommendations shall be transmitted to the applicant, City Council or appointed board as applicable to the petition. The powers and duties for development review shall include other responsibilities and authority as specifically set forth in this Code.

(c)

General considerations for development review. The staff conducting development reviews has the authority to recommend a development application after review and determining whether the application and/or a plan is consistent with goals, objectives, policies, standards and proposals in the comprehensive plan and Land Development Code. Staff shall also determine if all public facilities and services necessary to serve the proposed use are available concurrent with project development, and if the established level of service of public facilities necessary to serve the development or phase thereof are not adversely impacted by the proposed use or activity.

(Ord. No. 944, § 2b, 5-16-2022)

Sec. 8-1.4. - Planning and Zoning Commission.

A Planning and Zoning Commission is hereby established which shall consist of five members plus two alternates and a representative of the school district appointed by the Hernando County School Board. The five members and two alternate members of the Planning and Zoning Commission shall be appointed by the City Council. Planning and Zoning Commission members shall have established permanent residency within the corporate limits of the City of Brooksville. No member of the Planning and Zoning Commission shall be a paid or elected official or employee of the City of Brooksville. The Hernando County School Board appointee shall be a nonvoting member.

(a)

Term of office. The five appointed members shall serve for a term of four years. The initial term of office for members of the Planning and Zoning Commission shall be as follows: two members shall be appointed for terms of four years, two members shall be appointed for terms of three years, and one member shall be appointed for a term of two years. Appointments to fill vacancies occurring during an initial term shall be for the balance of the term. Appointments upon expiration of an initial term shall be for the term of four years for all members.

(b)

Removal from office and vacancies. Any member of the Planning and Zoning Commission may be removed by the City Council for neglect of duty, misfeasance, malfeasance, conflict of interest or other cause after notice and public hearing. All vacancies, whether by resignation, removal from office or expiration of the term of office, shall be filled according to official policy for appointing board members as adopted by the City Council.

(c)

Officers, rules of procedure and minutes. Immediately following their selection, the members of the Planning and Zoning Commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter, rules and regulations of organization and procedure consistent with the City Charter, ordinances, and state laws. The commission shall keep written records of its proceedings, which shall be open at all times for public inspection. The commission shall be provided a secretary for the purpose of recording and transcribing minutes.

(d)

Powers and duties. The Planning and Zoning Commission shall simultaneously act in its capacity as the City of Brooksville Local Planning Agency (LPA) and have the following powers and duties:

(1)

To prepare and recommend to the City Council from time to time such changes in the comprehensive plan or any part thereof as may be deemed necessary by the City Council or by the Planning and Zoning Commission.

(2)

To prepare and recommend to the City Council from time to time plans and/or recommendations for specific improvements in pursuance of such official plan.

(3)

To review and make written recommendations to City Council regarding preliminary and final plats, requests for Special Uses, requests for rezonings and developments of regional impact (DRI).

(4)

To review and grant, grant with conditions or deny applications for Special Exception Use permits.

(5)

Appeals where it is alleged there is error in any order, requirement, decision or determination made by the Chief Administrative Officer in the enforcement of the Land Development Code.

(6)

Appeals of the Chief Administrative Officer's literal interpretation of the Land Development Code.

(7)

To grant, grant with conditions or deny variances to the regulations of the Land Development Code. Variances to administrative processes, maximum density and maximum intensity shall be prohibited. Also prohibited are variances to allow a use not permitted as a matter of right or by Conditional Use, Special Exception Use or Special Use. All findings necessary for the granting of a variance shall be recorded along with any imposed conditions or restrictions, in the Commission's minutes and records and issued in written form to the applicant to constitute proof of the variance. All variance decisions by the Planning and Zoning Commission shall be final and binding. Decisions may be contested by any person with standing under State law and in whatever way authorized by state law.

(8)

To give aid to the City officials, charged with direction of projects for improvements, embraced within the official plan, to further the making of such improvements, and generally to promote the realization of the official plan.

(9)

To arrange and conduct any form of publicity relevant to its activities for the general purpose of public understanding.

(10)

To cooperate with municipal or regional planning councils and other agencies or groups to further the local planning program and to ensure harmonious and integrated planning for the area.

(11)

To exercise such other powers germane to the powers granted by any statute, charter or ordinance.

(12)

The Planning and Zoning Commission may not in any manner obligate the City. Each decision made by the Planning and Zoning Commission for rezoning, Special Uses and any land use considerations including ordinances and resolutions but excluding Special Exception Uses and variances are advisory to the City Council.

(e)

Legal representation. The City Council of the City of Brooksville shall provide an attorney to defend any civil action brought against any officers, employees or agents of the Planning and Zoning Commission for acts or omissions arising out of or in the scope of their employment or function unless in the case of a tort action, such officer, employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. Defense of such civil action shall include, but not be limited to, any civil rights lawsuits seeking relief against such officers, employees or agents for acts or omissions under color of State Law, custom or usage, wherein it is alleged that such officer, employee or agent has deprived another person of his rights secured under Federal Constitution or Laws. The City Council of the City of Brooksville shall pay, within the limitations provided by law and available funds, any final judgment, including damages, costs and attorney's fees, against any officer, employee or agent of the Planning and Zoning Commission held to be liable in a civil or civil rights lawsuit or any compromise or settlement thereof prior to judgment, provided that such judgment is not based upon any such officer, employee or agent acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety and/or property. This provision is not, however, intended to waive sovereign immunity, any limitation or liability or any other defense or immunity to such lawsuits.

(Ord. No. 831, § 2, 8-6-2012; Ord. No. 938, § 2, 3-7-2022)

Sec. 8-1.5. - Enforcement.

It is the purpose of this Section to establish a code enforcement system which will promote the health, safety and welfare of the City's residents. Further, it is intended that such system will support the goals, policies and objectives of the City's comprehensive plan and enforce the land development regulations created to implement the plan.

(a)

Violations and applicability.

(1)

Any person owning and/or occupying any building or structure that is erected, constructed, reconstructed, altered or moved or maintained or any building, structure, land or water used in violation of this Code shall be subject to the penalties as provided for in this Code. The City may institute any appropriate action or proceedings in a City code enforcement action or civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, conversion, movement, maintenance, or use; or, to restrain, correct or abate such violation; or to prevent the occupancy of said building, structure, land or water, or to prevent any illegal act, conduct of business or use in or about such premises.

(2)

Pursuant to F.S. ch. 162, pt. II, the City of Brooksville may establish a code enforcement system to take corrective action against violators of the provisions of the land development regulations and/or any other willful or other violations of City codes and ordinances and to assess fines when applicable.

(3)

This regulation does hereby incorporate and shall be used for the enforcement of all ordinances and codes duly adopted by the City of Brooksville and hereinafter adopted by the City of Brooksville as well as all state statutes presently existing together with all amendments, revisions, changes and/or additions thereto.

(b)

Code enforcement officers and violations. The City of Brooksville through its City Manager may designate certain [city] employees as code enforcement officers. Such employees may include but are not limited to code enforcement officers, law enforcement officers or fire safety inspectors. The designation of an employee as a code enforcement officer shall not provide the code enforcement officer with the power of arrest. If an appointed code enforcement officer is otherwise an officer of the city or another governmental entity, such officer shall hold the title of code enforcement officer as an "ex officio" office so as to avoid any implications of dual office holding.

(1)

A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction or other violation in violation of a duly enacted code, ordinance or statute.

(2)

Unless otherwise reasonably deemed appropriate by a code enforcement officer, prior to issuing a citation, a code enforcement officer shall provide due notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days unless it is determined by the code enforcement officer that there is due cause for a longer period for compliance. If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the specified time period, the code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

(3)

A code enforcement officer shall issue a citation in such form as may be approved by the City Manager and it shall contain:

The date and time of issuance.

The name and address of the person to whom the citation is issued.

The date and time the violation or civil infraction was committed.

The facts constituting probable cause.

If the violation was committed on private property owned by the violator, the tax parcel number or the property appraiser's alternate key number for the private property on which the violation occurred.

The number and Section of the code, ordinance or statute violated.

The name and title of the code enforcement officer.

The procedure for the person to follow in order to pay the civil penalty or to appeal the citation.

The applicable civil penalty if the person elects to pay the penalty within the 30-day period allowed.

The possible maximum civil penalty if the person elects to appeal the citation.

A conspicuous statement that if the person fails to pay the civil penalty and fails to appeal the citation within 30 days after issuance, he shall be deemed to have waived the right to contest the citation, and that, in such case, the penalty shall automatically increase to the maximum civil penalty for such violation.

(4)

Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(5)

Any person who fails to pay the civil penalty stated on the citation within the prescribed 30-day period, and who fails to appeal the citation within the prescribed 30-day period, shall be deemed to have waived the right to contest the citation. In such case, the penalty shall automatically increase to the maximum civil penalty for such violation.

(6)

The civil penalty assessed by a Special Magistrate after hearing an appeal, along with any enforcement costs assessed against the violator, shall bear interest at the maximum legal rate. The maximum civil penalty assessed upon the failure of the violator to either pay the civil penalty stated on the citation or appeal the citation shall bear interest at the maximum legal rate.

(c)

Infraction penalties. Unless a different penalty is specifically set out elsewhere in the City of Brooksville Code of Ordinances for a particular civil infraction, penalties for civil infractions cited hereunder shall be assessed as follows:

(1)

For the first violation, $50.00.

(2)

For a second violation of the same code or ordinance Section within a five-year period, $125.00.

(3)

For a third and each subsequent violation of the same code or ordinance Section within a five-year period, $200.00.

(4)

For a second violation of any type by the same violator on the same property owned by the violator within a five-year period, $125.00.

(5)

For a third and each subsequent violation of any type by the same violator on the same property owned by the violator within a five-year period, $200.00.

(6)

The maximum civil penalty for any violation shall be $500.00.

(7)

Attorney's fees, if applicable, and administration costs for appealed citations shall be set by the Special Magistrate and assessed by the Special Magistrate against any person found to have committed a civil infraction.

(d)

Uncontested violations. Any person not wishing to appeal the citation may pay the amount set forth in the citation as the uncontested penalty, by the date set forth in the citation.

(e)

Citation appeal.

(1)

Within 30 days after issuance of a citation, the person to whom the citation was issued may appeal the citation by filing a notice of appeal with the City Manager on such form as may be approved by the City Manager, and by paying a filing fee of $250.00. If the appeal is successful and the violation is dismissed, the filing fee shall be returned to the person who filed the appeal. If the appeal is not successful, the filing fee shall be retained by the City to cover the costs of the Special Magistrate. The appeal form shall include, at a minimum, the name, mailing address and telephone number of the person filing the appeal, and a copy of the citation appealed shall be attached to the form.

(2)

Within 60 days after the filing of a notice of appeal, the City Manager shall arrange for a Special Magistrate, who shall be an attorney licensed to practice law in Florida, and shall schedule the hearing at a time agreeable to the person filing the appeal and to the code enforcement officer, but in no event later than 90 days after the filing of the notice of appeal.

(3)

Within 15 days after the hearing, the Special Magistrate shall issue a written decision either dismissing the citation or affirming the citation, assessing a fine, and assessing attorney's fees, if applicable, and administration costs of the City. The decision shall be delivered to the City Manager and mailed to the person filing the appeal at the address listed on the appeal form.

(f)

Unpaid civil penalties. The City may record on the public records of Hernando County a lien for any civil penalty, together with assessed attorney's fees, if applicable, and administration costs, if applicable, and accrued interest, whenever such civil penalty has remained unpaid for a period of six months. When so filed, the lien shall attach to all real and personal property of the violator located in Hernando County.

(g)

Code enforcement Special Magistrate. Pursuant to F.S. ch. 162, the City Council shall appoint at least one code enforcement Special Magistrate, and may appoint others as necessary. A Special Magistrate shall be an attorney, licensed to practice law within the state, whose practice is substantially in the area of administrative, governmental, zoning, land use, or real estate law. A Special Magistrate shall not hear any matter in which the Special Magistrate has a conflict of interest. If such a conflict exists, the Special Magistrate shall request that the City Council designate another Special Magistrate, who may be appointed on a temporary basis to hear the case. A Special Magistrate shall serve at the pleasure of the City Council and may be removed from service at any time, without cause, by a majority vote of the City Council. A Special Magistrate shall not be a City employee but shall enter into an agreement to provide professional services at a rate established by the City Council. A Special Magistrate shall be entitled to reimbursement for such travel, mileage, and per diem expenses as may be authorized in the agreement with the City.

(1)

Prosecution of cases.

The City Attorney shall represent the City and the code enforcement officers before the Special Magistrate if an attorney is representing a violator. If a violator is to be represented by an attorney at a Special Magistrate hearing, such attorney shall be required to file a Notice of Appearance with the City Clerk no later than five working days prior to the scheduled hearing. If no Notice of Appearance is filed within that time frame, the violator shall be deemed to have waived his/her right to be represented by an attorney at the hearing. This information regarding representation by an attorney shall be included in the citation and any notice of hearing.

The City Attorney shall have prosecutorial discretion including, but not limited to, the right to negotiate a settlement with a violator and present that settlement to the Special Magistrate for approval, and to recommend the disposition of a case to the Special Magistrate.

If an appeal is taken from a decision of a Special Magistrate, the City Attorney shall represent the City in such proceedings.

(2)

Jurisdiction.

The Special Magistrate shall have jurisdiction to hear and decide alleged violations of all codes, ordinances and state statutes in force in the City.

The jurisdiction of the Special Magistrate shall not be exclusive. Any alleged violation of any of the aforesaid codes, ordinances and/or statutes may be pursued by appropriate remedy in court at the option of the administering official whose responsibility it is to enforce that respective code, ordinance or statute. Nothing contained in this Code shall prohibit the City from enforcing its codes and ordinances and state statutes by any other means.

(3)

Powers of Special Magistrate. The Special Magistrate shall have power to:

Adopt rules for the conduct of hearings.

Subpoena alleged violators, witnesses, and evidence to hearings. Subpoenas may be served by the county sheriff or other sheriffs of the state.

Take testimony under oath.

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

(4)

Notices.

Notice of each hearing of the Special Magistrate shall be given in compliance with the requirements of due process and the Florida Sunshine Law.

In addition, all notices to alleged violators required by this division shall be by one of the following methods:

Certified mail, return receipt requested;

ii.

Hand delivery by the sheriff, or other law enforcement officer, the code enforcement officer, or other person designated by the City Manager;

iii.

By leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or

iv.

In the case of commercial premises, leaving the notice with the manager or other person in charge of the commercial premises.

In lieu of providing notice as set forth in subsection b. of this Section, at the option of the Special Magistrate, notice may also be served by publication or posting, as follows:

Notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the City. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50, for legal and official advertisements. Proof of publication shall be made as provided F.S. §§ 50.041 and 50.051.

ii.

In lieu of publication as described in subsubsection c.i. of this Section, notice may be posted for at least ten days in at least two locations, one of which shall be the property on which the violation is alleged to exist and the other of which shall be at City Hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

iii.

Notice by publication or posting may run concurrently with, or may follow, an attempt to provide notice by hand delivery or by mail as required pursuant to subsection b. of this Section.

iv.

Evidence that an attempt has been made to hand-deliver or mail notice as provided in subsection (b) of this Section, together with proof of publication or posting as provided in subsection (c) of this Section, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice.

(5)

Enforcement procedure.

It shall be the duty of the code enforcement officer to initiate enforcement proceedings of the various codes and ordinances. The Special Magistrate shall not have the power to initiate such enforcement proceedings.

Unless reasonably deemed appropriate by a code enforcement officer, and except as provided in subsections (c) and (d) of this Section, if a violation of the codes or ordinances is found, the code enforcement officer shall first notify the violator and give such person a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify the Special Magistrate and request a hearing. The Special Magistrate shall schedule a hearing and, through the clerical staff of the City, provide notice of the hearing as required herein. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

If a repeat violation is found, the code enforcement officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall notify the Special Magistrate and request a hearing. The Special Magistrate shall schedule a hearing and, through clerical staff of the City, provide notice as required herein. The case may be presented to the Special Magistrate even if a repeat violation has been corrected prior to the hearing and the notice shall so state.

If the code enforcement officer has reason to believe a violation or a condition causing the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the Special Magistrate and request a hearing.

(6)

Conduct of hearing.

Upon request of a code enforcement officer, or at such other time as may be necessary, the Special Magistrate shall set hearings.

Every effort shall be made to set hearings within 30 days of the Special Magistrate receiving a request for hearing from the code enforcement officer. In general, the Special Magistrate shall endeavor to set hearings, and move matters to conclusion, as expeditiously as possible, allowing for notice as required herein.

Upon scheduling a hearing, the Special Magistrate shall cause notice thereof to be furnished to the alleged violator as provided herein. Such notice of hearing shall contain the date, time, and place of the hearing, and shall state the nature of the violation and reference to the appropriate code or ordinance.

At the hearing, the burden of proof shall be upon the code enforcement officer to show, by a preponderance of the evidence, that a violation exists or occurred.

All testimony shall be under oath and shall be recorded. The Special Magistrate shall take testimony from the code enforcement officer and alleged violator and from such other witnesses as may be called by the respective sides.

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings. All relevant evidence shall be admitted if, in the opinion of the Special Magistrate, it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make the evidence inadmissible over objections in civil actions. The Special Magistrate may exclude irrelevant or unduly repetitious evidence. Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision unless the evidence would be admissible over objections in a civil action.

The Special Magistrate may inquire of any witness before the Special Magistrate. The alleged violator or his attorney, and the code enforcement officer or attorney representing the City shall be permitted to inquire of any witness before the Special Magistrate and shall be permitted to present brief opening and closing statements.

The Special Magistrate may, for good cause shown, postpone or continue a formal hearing.

At the conclusion of the hearing, the Special Magistrate shall issue findings of fact based on evidence in the record and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted herein and by F.S. ch. 162. The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten days after the hearing. The order may include a notice that it must be complied with by a specified date, and that a fine may be imposed if the order is not complied with by said date.

A certified copy of such order may be recorded in the public records of Hernando County and shall constitute a notice to any subsequent purchasers, successors in interest, or assigns, if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Special Magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(7)

Penalties.

The Special Magistrate may, upon notification by the code enforcement officer that an order of the Special Magistrate has not been complied with by the set time, or upon finding that a repeat violation has been committed, order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Special Magistrate for compliance, or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code enforcement officer. If a finding of a violation or a repeat violation has been made as provided for in this section, a hearing shall be necessary for issuance of the order imposing the fine, but notice of such hearing shall be sufficient if given by regular mail to the violator's last known mailing address.

A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation. If the Special Magistrate finds a violation to be irreparable or irreversible in nature, the Special Magistrate may impose a fine not to exceed $5,000.00 per violation. In determining the amount of the fine, if any, the Special Magistrate shall consider the following factors:

The gravity of the violation;

ii.

Any actions taken by the violator to correct the violation; and

iii.

Any previous violations committed by the violator.

If a repeat violation is corrected prior to a hearing, the Special Magistrate may conduct a hearing to determine costs and impose the payment of reasonable enforcement costs upon the repeat violator.

The Special Magistrate shall award the City all costs incurred in prosecuting a case before the Special Magistrate if the City prevails and requests that it recover its costs incurred. Such costs may include the reasonable value of the services of the City Attorney and fees paid to the Special Magistrate and the hourly pay and corresponding benefits paid to the code enforcement officer for time spent on the violation.

Either the Special Magistrate or the City Council may reduce a fine imposed pursuant to this section and may execute a satisfaction or release of lien entered pursuant to this section.

A certified copy of an order imposing a fine may be recorded in the public records of Hernando County, and shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriff's office of the state, including levy against the personal property, but such order shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. Nothing herein shall prevent the City from recording a lien in a different Florida county, in which case such lien shall be a lien on all real and personal property of the violator located in that county.

A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance and gives notice to the City that compliance has been achieved and such compliance is confirmed by the City, or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. If, after three months after the filing of any such lien, the lien remains unpaid, the Special Magistrate may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this division may be foreclosed on real property which is a homestead under Section 4, Article X, of the Florida Constitution.

Pursuant to F.S. ch. 55, no lien provided for in this section shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded unless, within that time, an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover costs, including a reasonable attorney's fee, incurred in the foreclosure. The City shall be entitled to collect all costs incurred in the recording and collecting of a valid lien.

(8)

Appeals.

An aggrieved party, including the City Council, may appeal a final administrative order of the Special Magistrate to the circuit court. Any such appeal shall be filed as a petition for writ of certiorari within 30 days after the execution of the order to be appealed.

Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Magistrate.

The appealing party shall pay the costs for preparation of the record to be appealed, based on the City's usual charges for copies of public records. The City shall have no duty to transcribe the recording of the hearing but shall make such recording available to the violator for transcription by a third party court reporter.

(Ord. No. 937, § 1, 1-3-2022)

Sec. 8-6.1. - Design review board.

A City of Brooksville Design Review Board ("DRB") is hereby established. The DRB's purpose focuses upon architecture and buildings, specifically implementing the Architectural Standards adopted by Ordinance or Resolution of the city council that have the intent of maintaining the city's traditional architectural character and appearance. Compliance with these guidelines may be met at the time of a Planned Development (PD) rezoning adoption or following application for a Building Permit in the case of standard or commercial zoning districts.

(a)

Members/Organization.

(1)

The DRB shall be made up of five members who are the then sitting members of the city council.

(2)

The Mayor of the city shall be the chair of the DRB, and the Vice-Mayor of the city shall be the vice-chair of the DRB.

(b)

Meetings, quorum and records.

(1)

The DRB shall hold meetings as deemed necessary by the Chief Administrative Officer or designee, or at the call of the chair for the consideration of business before the DRB.

(2)

All meetings of the DRB shall be open to the public.

(3)

The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be as prescribed by the Chief Administrative Officer or his designee.

(4)

Three members of the DRB shall constitute a quorum and the affirmative vote of a majority of those present shall be necessary for any action thereof.

(5)

A written record of the proceedings of the DRB shall be kept, showing its action on each question considered. Such records shall be filed in the office of the city clerk and shall be open for public inspection.

(c)

Purpose.

The purpose of the DRB is to promote the public health, safety and general welfare by reviewing proposed petitions necessary to prevent development or construction of residential structures in new developments which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciating effect on the environment, or surrounding area, by reason of appearance or value.

(d)

Authority, procedures, appeals.

(1)

The DRB shall review all new residential development proposals to ensure that proposed residential structures that will be built in the new development will conform to the required Architectural Standards applicable thereto and are consistent with the general character of the area in which they are located.

(2)

The DRB shall review all petitions for design review at approximately the same time as the review by the city council of applications for preliminary site plans for new residential developments.

(3)

The decisions of the DRB shall be final agency action of the city. Any appeals from actions by the DRB shall be in accordance with state law.

(e)

As to buildings to be built that are subject to DRB review, no building permit shall be issued until the design of the building has been approved by the DRB.

(f)

No certificate of occupancy, or final building inspection approval, for any building subject to DRB review shall be issued until the designated City official has certified that such construction has been found to be in compliance with the conditions and restrictions, if any, imposed by the DRB, and that the final construction is in conformity with the plans approved by the DRB.

(g)

Procedure for review; criteria.

(1)

Preapplication meeting. A preapplication meeting with the Chief Administrative Officer or designee is required for each petition to the design review board.

(2)

Requirements for review. For DRB review, the applicant shall submit such documents as reasonable required in writing by City staff.

(3)

Action by DRB.

(i)

The DRB may require such changes, if any, in any plans or documents presented as may be necessary to conform to the provisions of this and all ordinances and resolutions of the city. The DRB may suggest such changes in said plans and documents that may be requisite or appropriate to the maintenance of the high standard of construction, architecture, beauty and harmony required by the city.

(ii)

The board may grant, grant with conditions or deny each petition that is subject to its jurisdiction, applying the standards set forth in this section. Action on petitions shall be by DRB resolution, supported by written findings. Resolutions shall be filed with the City Clerk and a copy provided to the applicant, in person, or by United States mail, within ten days after the action is taken.

(iii)

Pursuant to F.S. § 163.3202, as to single family and two family residences, the city shall not regulate "building design elements" which means the external building color; the type or style of exterior cladding material; the style or material of roof structures or porches; the exterior nonstructural architectural ornamentation; the location or architectural styling of windows or doors; the location or orientation of the garage; the number and type of rooms; and the interior layout of rooms. The term does not include the height, bulk, orientation, or location of a dwelling on a zoning lot; or the use of buffering or screening to minimize potential adverse physical or visual impacts or to protect the privacy of neighbors.

(Ord. No. 969, § 1, Exh. I, 9-18-2023)

Sec. 8-2.1. - Subdivision Review.

(a)

Replats, resubdivision and corrections.

(1)

Substantially similar plats. If a platted area is proposed to be replatted and if the proposed plat is substantially similar in design, layout, and concept to the original plat, as determined upon review and, conformity with this Code, then only a final plat complying with the requirements of this Code is required. The original plat or portion of a plat of the property to be replatted must be vacated in accordance with Section 8-2.2 prior or coincidental to approval of a final plat by the City Council. Public improvements must be either constructed and in place or an in-kind security for the construction thereof be accepted by the City Council prior to final plat approval.

(2)

Corrective plats. In the event an appreciable error or omission in the data shown on any plat duly recorded under the provisions of this Code and F.S. ch. 177, the professional surveyor and mapper, registered professional engineer or legal entity responsible for the survey and the preparation of the plat as recorded shall file an affidavit confirming that such error or omission was made. The affidavit shall be filed and recorded in the manner prescribed in F.S. ch. 177.

(b)

Land dedication.

(1)

Where a proposed park, playground, school or other public use shown on the community facilities plan is located in whole or in part in a subdivision, City Council shall require the dedication or reservation of such area within the subdivision, in those cases in which City Council deems such requirements to be reasonable.

(2)

Where deemed essential by City Council, upon consideration of the particular type of development proposed in the subdivision, City Council may require the dedication or reservation of such other areas of sites of a character, extent, and location suitable to the needs created by such development for schools, parks and other planned unit purposes.

(c)

Vacating rights-of-way and easements.

(1)

A petition to the City Council to vacate, abandon, discontinue and close any existing public street, alleyway, road, easement or other place used for travel, utility access or drainage may be made by any abutting fee simple property owner. The petition shall include all surveys and legal descriptions of the property proposed for vacation and shall include the legal description(s) for land to be returned to abutting parcels.

(2)

The City, upon receipt of such a petition and payment of the required fees, will notice all other abutting fee simple property owners. The City will contact by letter all agencies, franchise holders and concerned City departments of the petition and will request their comments.

(3)

The City Council shall hold a public hearing and shall publish notice thereof, one time, in a newspaper of general circulation at least two weeks prior to the date stated therein for such hearing.

(4)

If the petition is approved, it shall be evidenced by a resolution duly adopted at a public hearing. The resolution shall be recorded in the public records of the county.

(5)

The result of such an abandoning, closing or vacating of any such roadway, street, alleyway or easement will be to return the property to the parent parcel. In the case of roadways, alleyways, streets and easements from a platted development/subdivision, the vacated, abandoned and closed property will be returned to all the abutting properties by splitting the returned real property in equal abutting shares.

(d)

Subdivision plat review. The applicant shall initiate preliminary subdivision plat review procedures set forth in this Section prior to the initiation of improvement plan review procedures.

(1)

Preapplication procedure. Previous to the filing of an application for conditional approval of the preliminary plat, the subdivider shall submit conceptual plans to the Community Development Department. This step does not require formal application, fee or filing of plat.

(2)

Formal application for approval. The subdivider shall file an application for preliminary approval along with copies, number of copies to be specified by the Chief Administrative Officer, of the preliminary plat, any supplementary materials and fees adopted by resolution to the Community Development Department. Such plan, supplementary materials and fee being collectively hereinafter called the "proposed Preliminary Subdivision Plan." The plat and supplementary materials shall be in the form prescribed in Article IV. No application shall be deemed accepted unless and until it is complete. Acceptance shall not constitute an approval.

(3)

Recommendation based on administrative review. Upon acceptance of the proposed preliminary subdivision plan, the Chief Administrative Officer shall distribute copies of the proposed preliminary subdivision plan to appropriate staff to review. Subsequent to the administrative review:

Staff shall request that additional information, revisions, modifications, clarification or other data applicable to the preliminary application be provided or accomplished by the applicant or his agent, or

The application shall proceed to Planning and Zoning Commission review without further modification to the application. Staff shall prepare a written recommendation concerning the application and transmit such recommendation to the owner or authorized agent, City staff and members of the Planning and Zoning Commission, and

Shall schedule a date and time for consideration of the proposed preliminary subdivision plat by the Planning and Zoning Commission.

(4)

Action by Planning and Zoning Commission. The Planning and Zoning Commission shall consider the proposed preliminary subdivision plat at a public meeting and enter its recommendation upon the proposed plat to City Council.

(5)

Transmittal of preliminary subdivision plat to City Council.

Pursuant to the Planning and Zoning Commission's recommendation, City Council shall review the preliminary plans, recommendations made by administrative staff and the Planning and Zoning Commission and take action upon the preliminary plan.

In order to make a decision for denial, approval or approval with conditions of the proposed plat, the City Council must make specific findings respecting each of the matters specified in paragraph (6), below and may prescribe appropriate conditions and safeguards which shall become a part of the terms under which a site development permit shall be issued.

If approved, the mayor shall indicate such approval by signing at least one copy of the preliminary subdivision plat indicating the date of such approval. If approved, the plat and a notation that it has received preliminary approval shall be returned to the subdivider for compliance with final approval requirements. Approval of the preliminary plat by the City Council shall not constitute final acceptance of the subdivision. Preliminary approval shall indicate that for one year from date of approval the general terms and conditions under which the preliminary approval was granted shall not be changed. No changes, erasures, modifications or revisions of a substantive nature shall be made in any plat of a subdivision after approval has been given by the City Council and endorsed in writing on the plat, unless such plat is first resubmitted.

The approved and signed preliminary subdivision plat and required supplementary materials in addition to a notation of the action taken and reasons therefore shall be entered into City records and shall then be filed in the office of the City Clerk which shall constitute the preliminary subdivision plat for the subject development.

If approved subject to modification, the Chief Administrative Officer shall return one copy of the plat and required supplementary materials to the applicant along with a copy of the City Council's action and a statement of reasons for such action.

(6)

Standards for City Council action. Before any proposed preliminary subdivision plat may be denied, approved or approved with conditions, the City Council must and shall find all of the following:

That the proposed preliminary subdivision plan is consistent with all applicable goals, objectives, policies and standards in the City of Brooksville Comprehensive Plan.

That the proposed preliminary subdivision plan meets or exceeds all applicable minimum standards and requirements as set forth in this Code.

That the environmental impact of the proposed preliminary subdivision plan will be compatible with existing and anticipated land use in the immediate neighborhood and that such plan will not be injurious to the area involved or otherwise detrimental to the public interest, safety or welfare.

That adequate facilities and services necessary to serve development associated with the proposed subdivision will be available and in place at the time of impact of the development or phase thereof.

(7)

Preliminary subdivision plat submittal requirements. All preliminary subdivision plats and required supplementary materials shall cover the entire parcel proposed for development. All preliminary subdivision plats shall contain the data and information identified in Article IV and be prepared by a registered professional engineer certified in the State of Florida.

(8)

Time limits and extension of time limits. City Council's action to approve or approve with conditions upon proposed preliminary subdivision plats shall be valid for a period of one year prior to the initiation of final plat review procedures. If such time limit shall thereafter expire without initiation of final plat review procedures, the applicant shall be 60 days to apply for an extension of such time.

(e)

Construction and design plan review procedures. The applicant shall initiate construction and design plan review procedures set forth in this Section after approval, if applicable, of the final plat. The procedure for review of construction and design plans shall be as follows:

(1)

Application for approval The applicant, for approval of a construction and design plan, shall submit six copies of the plan, the supplementary materials required to accompany such plan and any fee adopted by resolution. The plan, supplementary materials and fee shall be collectively referred to as the "Improvement Plan." The improvement plan and supplementary materials shall be in the form prescribed in Article IV. No application shall be deemed accepted unless it is complete. The applicant shall be advised as to whether the proposed improvement plan is accepted or not accepted within a period of five business days from the date of submission. If the proposed improvement plan is not accepted, the applicant shall be informed in writing of the reason(s) for denial of acceptance of such plan.

(2)

Plan referral and review. Upon acceptance of the proposed improvement plan, copies shall be distributed for administrative development review. Within 30 business days of acceptance of the proposed improvement plan notification of approval or disapproval shall be forwarded to the applicant.

(3)

Determination.

Upon receipt of the written and collective staff recommendation based on the administrative development review findings and any comments or recommendations of the City Attorney, staff shall:

Approve the proposed improvement plan subject to conditions, modifications and specific time limits as prescribed earlier by the City Council, if any;

ii.

Disapprove the proposed improvement plan stating the reason for said disapproval; or

iii.

Approve the improvement plan subject to the modifications, conditions and specific time limits recommended.

If the proposed improvement plan is approved at least one copy of the improvement plan shall be signed and dated by the Chief Administrative Officer. The approved and signed improvement plan and required supplementary materials shall then be filed in the Community Development Department.

If the proposed improvement plan is disapproved or approved subject to modification, the Chief Administrative Officer shall return one copy of the improvement plan and required supplementary materials to the applicant along with a copy of the order regarding the same.

(4)

Reapplication. If the Chief Administrative Officer enters an order disapproving a proposed improvement plan or approving the same subject to modification, the applicant may at any time within 60 days following the date of such order file an amended improvement plan and supplementary material whereupon the same shall be received, reviewed and acted upon in the same manner as hereinabove provided for original applications for approval of an improvement plan. No additional fee for such application shall be required.

(5)

Installation of improvements before recording of final subdivision plat. Before approval of any final plat the Chief Administrative Officer shall be satisfied that all improvements proposed and approved have been constructed or a bond has been executed. If improvements are to be installed prior to recording of the final plat, the following shall apply:

The preliminary subdivision plat, the construction improvement plans and the final plat shall be approved in accordance with the procedures set forth in this Article.

The approved final plat shall not be recorded, but shall be retained by the City Clerk. Upon the installation and completion of said improvements the Chief Administrative Officer shall notify the City Clerk to execute the recording of the final plat in accordance with provisions set forth in this Code and in the manner prescribed by law.

Installation of the required improvements shall be subject to all applicable requirements of this Section and Article IV relating to the construction, inspection, completion and acceptance of such improvements.

(6)

Improvement plan requirements. All improvement plans and required supplementary material shall cover the entire parcel covered by a preliminary subdivision plat approved in accordance with this Part.

(f)

Final plat review procedures. The applicant shall initiate final plat review procedures set forth in this Section after approval of the preliminary subdivision plan for the parcel in question and in conjunction with the initiation of improvement plan review procedures. The procedure for review of final plats shall be as follows:

(1)

Application for approval. The applicant for approval of a final plat shall submit at least seven copies of the final plat, the required accompanying supplementary materials and any fee adopted by resolution to the Chief Administrative Officer, such plat, supplementary materials and fee being collectively hereinafter called the "Proposed Final Plat".

The final plat and supplementary materials shall be in the form prescribed in Article IV. No application shall be deemed accepted unless it is complete. The applicant shall be advised as to whether the proposed final plat is accepted or not accepted within a period of five business days from the date of submission. If the proposed final plat is not accepted, the applicant shall be informed in writing of one or more reasons for that determination. Failure by the Chief Administrative Officer to specify one or more reasons for denying the acceptance of final plat shall not preclude such reasons being specified in denying any reapplication for such plat.

(2)

Referral for administrative development review. Upon acceptance of the proposed final plat, the Chief Administrative Officer shall distribute copies of the proposed final plat for administrative development review. The collective findings and recommendations from staff based on administrative development review shall be submitted in writing stating either approval or approval with modification.

(3)

Administrative officer's action. Upon receipt of the written and collective recommendation from administrative development review, the Chief Administrative Officer shall:

Request that additional information, revisions, modifications, clarification or other data applicable to the final plat be provided or accomplished by the applicant or his agent; or

Prepare a written recommendation to approve or approve with conditions the proposed final plat and transmit such recommendation to the owner or authorized agent, staff conducting development reviews and members of the Planning and Zoning Commission, and recommend plat consideration by the Planning and Zoning Commission at a public meeting.

(4)

Planning and Zoning Commission review The Planning and Zoning Commission shall consider the proposed final plat at a public meeting and recommend approval with or without conditions or denial of the final plat to the City Council. In order to recommend approval or denial of the proposed final plat, the Planning and Zoning Commission shall render a specific finding that the proposed final plat is consistent with the preliminary subdivision plat approved and on file. Following the Planning and Zoning Commission recommendation, the plat shall be scheduled for hearing by the City Council.

(5)

Filing. After receiving the Planning and Zoning Commission recommendation to approve the preliminary plat, the subdivider shall file with the Chief Administrative Officer:

Copies of the final plat in such quantity required by the Chief Administrative Officer for City Council action.

A written application for final approval and construction drawings including cross-Sections and profiles of streets and all other related improvement plans to be constructed in the subdivision in such quantity as required in Article IV. A professional engineer's certified estimate of the cost for the improvements shall be included with the application.

(6)

Time limits. The final plat shall be filed not later than one year after the date of approval of the preliminary plat, otherwise it shall be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City Council. The final plat shall be filed at least 60 calendar days prior to the meeting at which it is to be considered. The final plat shall be considered officially filed after it is examined by the Planning and Zoning Commission and is found to be in full compliance with the formal provisions of these regulations.

(7)

Submittal to and action by City Council. Upon submittal to, and approval of all documents and plat by the Planning and Zoning Commission, the chairman of the Planning and Zoning Commission shall sign the plat in the space provided for said signature on the title page of the plat. Following the meeting of the Planning and Zoning Commission, the Chief Administrative Officer shall submit the proposed final plat, with the recommendation of the Planning and Zoning Commission, to the City Council for consideration. City Council shall consider and act upon the proposed final plat and the recommendation of the Planning and Zoning Commission and thereafter approve or deny the final plat. If the Planning and Zoning Commission has not recommended approval or denial of the proposed final plat within 60 days of its meeting to consider same, the City Council may take action upon the final plat. The City Council reserves the right of approval or disapproval unto itself. However, no plat shall be rejected by City Council without showing that there is direct conflict or nonconformance with these regulations.

Sec. 8-2.2. - Vacation of Plats, Rights-of-Way and Easements.

(a)

Subdivision plats or a portion thereof shall be vacated in the manner prescribed by F.S. ch. 177 and shall be initiated in one of the following described manners:

(1)

By owner. The owner of any land subdivided into lots located in the City of Brooksville may apply to the City in the manner prescribed by law to remove, vacate and abandon an existing plat or portion thereof from the official records of Hernando County. The applicant shall submit the petition and a survey and legal description of the property designated in the application as prepared and signed by a registered surveyor and shall pay the fee established. The Planning and Zoning Commission shall review such proposed application for vacation and transmit its recommendation to the City Council. The application shall be acted upon by the City Council. The applicant shall be responsible for recording the vacation with the Clerk of the Circuit Court of Hernando County.

(2)

By City Council. The City Council may vacate and abandon all or part of a subdivision located in the City of Brooksville. Such action shall be based on findings by the City Council that the proposed vacation:

Is consistent with the comprehensive plan.

Promotes the public health, safety, economy, comfort, order, convenience, and welfare.

Does not result in a violation of this Code.

Does not result in the owner of any parcel of land being deprived by the vacation of the plat or portion thereof of reasonable access to existing facilities which heretofore had access provided, however, that such access remaining or provided after such vacation need not be the same as that heretofore existing, but shall be reasonably equivalent thereto.

Before acting on a proposal for vacation and abandonment of subdivided land, the City Council shall hold an advertised public hearing in the manner prescribed by law.

(b)

A petition to the City Council to vacate, abandon, discontinue and close any existing public street, alleyway, road, easement or other place used for travel, utility access or drainage may be made by any abutting fee simple property owner. The City, upon receipt of such a petition and payment of the required fees, will notice all other abutting fee simple property owners. The City will contact by letter all agencies, franchise holders and concerned City departments of the petition and will request their comments.

(1)

The City Council shall hold a public hearing and shall publish notice thereof, one time, in a newspaper of general circulation at least two weeks prior to the date stated therein for such hearing.

(2)

If the petition is approved, it shall be evidenced by a resolution duly adopted at a public hearing. The resolution shall be recorded in the public records of the county.

(3)

Sec. 8-2.3. - Site Development Permit.

It shall be unlawful to commence the excavation, clearing, construction or alteration of any land until the Chief Administrative Officer has issued a site development permit authorizing such work. Any owner or the owner's authorized agent who desires to excavate, clear, construct or alter any land or to cause any such work to be done shall first make application to the Community Development Department and obtain a site development permit. A site development permit shall only be issued in conjunction with the issuance of a building permit or approval of a landscaping plan associated with the subject property.

(a)

All applications for a site development permit shall be in the form required and provided by the Community Development Department. Such application shall be submitted to the Community Development Department together with all supplemental data or information necessary to permit determination of the proposed use's compliance with this Code.

(b)

Applications shall include a brief narrative describing the project and a detailed site plan, drawn to scale, that includes the following:

(1)

The name of the proposed project and the names of the developer(s), architect(s), engineer(s), and planner(s) associated with the project;

(2)

Scale, date and north arrow.

(3)

A vicinity map showing the relationship of the proposed project to the surrounding road network and major water bodies, if any;

(4)

Location, height, floor area, and use of existing structures, if any;

(5)

All land uses and the general location of structures within 150 feet of the boundaries of the project site;

(6)

Current zoning designation on the site and within 150 feet of the boundaries of the project site;

(7)

All property lines within 150 feet of the boundaries of the project site;

(8)

The height, yards, floor area (or number of dwelling units for residential uses), and use or uses for structures in each portion of the proposed project. A complete list of proposed uses shall be provided;

(9)

The total number and the types of residential units, and the type density and overall density of the project, if applicable;

(10)

The total non-residential square footage and the floor area ratio of each non-residential land use type;

(11)

The general location and nature of fences, walls, and buffering to be provided;

(12)

Proposed building envelopes;

(13)

The location of all water courses, lakes, conservation areas, preservation areas, wooded areas, upland habitat areas, or other such natural physical features on the project site.

(c)

The Chief Administrative Officer may require a bond or other type of performance guarantee to insure that, once commenced, the activity will be completed and the site restored in a satisfactory manner.

(d)

If the proposed excavation, clearing, construction or alteration conforms with all applicable provisions of this Code and the applicable technical codes, the Community Development Department shall issue a site development permit authorizing such activities. If the proposed activities fail to conform, the application for a site development permit shall be denied and written notice shall be sent to the applicant indicating reasons for the denial. All applications for site development permits shall be processed within ten working days from the date of submission of the completed application. Under no circumstances shall a site development permit be issued for the construction or alteration of any structure for which a building permit is also required unless such site development permit is issued in conjunction with the requested building permit.

(e)

The issuance of a site development permit shall not waive any provision or requirement of this Code.

(f)

A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this Part, nor shall such issuance of a permit prevent the Chief Administrative Officer from thereafter requiring correction of errors in plans or in construction, or of violations of this Article. Every site development permit issued shall become invalid if the work authorized by such permit is not commenced within six months after its issuance, or if the permit is suspended or abandoned for a period of three months after the time the work is commenced; provided that for cause, one or more extensions of time, not to exceed 90 days each, may be granted by the Chief Administrative Officer and such extension noted on the site development permit.

(g)

A site development permit shall not be required for construction or alterations to an existing structure that does not require additional parking or site improvement.

(h)

Site development permits issued on the basis of incorrect information supplied by the applicant shall be void and may be cancelled at any time upon discovery of the incorrect basis upon which such permit was issued. Site development permits issued through error by the Chief Administrative Officer shall not constitute a waiver of any provision or requirement of this Code respecting such use and shall be canceled by the Chief Administrative Officer unless, within 30 days following notice of such proposed cancellation, the applicant files an amended application upon which a valid permit can be issued.

Sec. 8-2.4. - Building Permit.

It shall be unlawful to commence the construction or alteration of any building or structure until the Community Development Department or duly authorized representative thereof has issued a building permit authorizing such work. Any owner or the owner's authorized agent who desires to construct, enlarge or alter any building or structure or to cause any such work to be done shall first make application to the Building Official and obtain a site development permit.

(a)

All applications shall be in the form required and provided by the Community Development Department. Such application shall be submitted to the Community Development Department together with the fee established in the manner prescribed in this Code, and all supplemental data or information necessary to permit determination of compliance with this Code.

(b)

If the proposed construction or alteration conforms with all applicable provisions of this Code, the Chief Administrative Officer shall issue a building permit authorizing such construction or alteration. If the proposed construction or alteration fails to so conform, the application for a building permit shall be denied, and written notice shall be provided to the applicant indicating reasons for the denial. All applications for building permits shall be processed within 30 working days from the date of submission of the completed application. Under no circumstances shall a building permit be issued for the construction or alteration of any land, parcel or lot for which a site development permit is also required unless such building permit is issued in conjunction with the requested permit.

(c)

The issuance of a building permit shall not waive any provision or requirement of this Code nor shall failure by the Building Official to specify one or more reasons for denial of an application for a building permit preclude such reasons being specified in denying any reapplication for such building permit.

(d)

A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this Article, nor shall such issuance of a permit prevent the Chief Administrative Officer from thereafter requiring correction of errors in plans or in construction, or of violations of this Article. Every building permit issued shall become invalid if the work authorized by such permit is not commenced and substantial progress made within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of three months after the time the work is commenced; provided that for cause, one or more extensions of time, not to exceed 90 days each, may be granted by the Chief Administrative Officer and such extension noted on the building permit.

(e)

A building or structure not completed in conformity with the plans and specifications upon which the building permit for such construction or alteration was issued shall be maintained or be permitted to remain unfinished beyond the term of the building permit's validity and no person, firm or corporation shall construct, enlarge, alter or repair or improve any building, structure or premises after expiration of the validity of the building permit originally authorizing work upon such building, structure or premises.

(f)

A building permit shall not be required for customary repairs and/or maintenance activities necessary to continue the existing Permitted Use of the premises within all zoning districts.

(g)

Additional information will be required by the Chief Administrative Officer for any proposed development within the flood-prone areas of the City.

(h)

Building permits issued on the basis of incorrect information supplied by the applicant shall be void and may be cancelled at any time upon discovery of the incorrect basis upon which such permit was issued.

Sec. 8-2.5. - Certificate of Use.

It shall be unlawful to change the use of any premises until a certificate of use is issued. The owner of any structure or premises, or his authorized agent, who desires to use a newly erected or altered structure or to change the use on any property shall first make application for a certificate of use authorizing such occupancy or use. Following application, the Community Development Department shall issue a certificate of use indicating that the new occupancy and use of the structure and property is or is not concurrent with the zoning classification of that parcel of land on which the structure or place of occupancy exists.

(a)

All applications shall be in the form required and provided by the Community Development Department and may, with respect to newly erected or altered structures, be made as part of the application for a site development permit. The application shall state the proposed use of the structure or premises.

(b)

If the new use of premises conforms with all applicable provisions of this Code, the Chief Administrative Officer shall issue a certificate of use authorizing the proposed use thereof. If the use fails to conform to the provisions of this Code, the application for a certificate of use shall be denied and written notice provided to the applicant of the reasons for the denial. A certificate of use shall be issued or denied within ten working days after the date specified in the application as the date on which the premises will be ready for use.

(c)

The issuance of a certificate of use shall not waive any provision or requirement of this Code, nor shall failure to specify one or more reasons for denial of a certificate preclude such reasons being specified in denying any reapplication for such certificate.

(d)

A certificate of use shall continue in full force and effect during the term of the use authorized therein, provided that if such use is suspended or abandoned for a period of 12 months such certificate shall thereafter be invalid and the premises shall not be reoccupied or used for any purpose until a new certificate of use has been issued in accordance with the provisions of this Section.

(e)

Certificates of use issued on the basis of incorrect information supplied by the applicant shall be void and may be cancelled at any time upon discovery of the incorrect basis upon which such certificate was issued. Certificates of use issued through error by the Chief Administrative Officer shall not constitute a waiver of any provision or requirement of this Code respecting such use and shall be canceled by the Chief Administrative Officer unless, within 30 days following notice of such proposed cancellation, the applicant files an amended application upon which a valid certificate can be issued.

Sec. 8-2.6. - Certificate of Occupancy.

It shall be unlawful to occupy any newly erected or altered structure of any premises until a certificate of occupancy is issued. The owner of any structure or premises, or his authorized agent, who desires to occupy any newly erected or altered structure of any premises shall first make application for a certificate of occupancy authorizing such occupancy. A certificate of occupancy shall be required certifying that the newly erected or altered building to be occupied is structurally sound and meets standards for such occupancy.

(a)

All applications shall be in the form required and provided by the Department of Development pursuant to the Florida Building Code.

(b)

If the newly erected or altered structure conforms with all applicable provisions of this Code, the City Building Official shall issue a certificate of occupancy authorizing the occupancy thereof. If the structure fails to conform to the provisions of the technical codes, the application for a certificate of occupancy shall be denied and written notice provided to the applicant of the reasons for the denial. The newly erected or altered structure or premises shall be inspected. A certificate of occupancy shall be issued or denied within ten working days after the date specified in the application as the date on which the premises will be ready for use.

(c)

The issuance of a certificate of occupancy shall not waive any provision or requirement of any technical codes or this Code, nor shall failure to specify one or more reasons for denial of a certificate preclude such reasons being specified in denying any reapplication for such certificate.

(d)

Certificates of occupancy issued on the basis of incorrect information supplied by the applicant shall be void and may be cancelled at any time upon discovery of the incorrect basis upon which such certificate was issued.

Sec. 8-2.7. - Special Exception Uses.

Whenever in the Land Development Code a use is permitted as a Special Exception Use, the final determination and circumstances under which such use shall be permitted shall be made by the Planning and Zoning Commission. The Chief Administrative Officer shall not issue a site development permit, building permit or certificate of use except upon and in conformity with an order of the Planning and Zoning Commission. Any owner or an owner's authorized agent who desires to construct, enlarge or alter any building or structure or to occupy any existing structure or premises for a use permitted only as a Special Exception Use shall first make application for approval of such Special Exception Use.

(a)

Submittal requirements and review.

(1)

All applications for Special Exception Use permit shall be in the required form. Such application shall be submitted together with the fee established in this Code and all supplemental data or information necessary to permit determination of the extent and probable impact of the proposed use. A brief narrative describing the proposed project shall be submitted. A preliminary development plan shall also be submitted and shall contain the following information: