Notice.0. This ordinance shall be entitled the "City of Casselberry Unified Land Development Regulations." When hereinafter used, unless the context indicates otherwise, the terms "ordinance," "Code" or "land development regulations" refer to the City of Casselberry Unified Land Development Regulations.

The legislative authority for the City of Casselberry Unified Land Development Regulations is as follows:

1.

F.S. § 163.3202 mandates that local governments shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan.

2.

F.S. § 163.3202 requires that land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall as a minimum:

a.

Regulate the subdivision of land.

b.

Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space.

c.

Provide for protection of potable water wellfields.

d.

Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management.

e.

Promote the protection of environmentally sensitive lands designated in the comprehensive plan.

f.

Regulate signage.

g.

Provide for concurrency management. The concurrency management system must require that no development order or permit for development be issued unless such order or permit is conditioned on the availability of required public facilities and services concurrent with the impacts of the development. The concurrency management system is further elaborated in Article IX of the City of Casselberry Comprehensive Plan.

h.

Promote safe and convenient onsite traffic flow considering needed vehicle parking.

The purpose of the City of Casselberry Unified Land Development Regulations is to assist implementation of the City's Comprehensive Plan. More specifically the land development regulations are intended to carry out Comprehensive Plan policies concerned with land use; transportation; housing; public facilities, including potable water, sanitary sewers and drainage system, as well as groundwater recharge; parks; conservation; recreation and open space; intergovernmental coordination; and capital improvements and fiscal management.

The City of Casselberry Unified Land Development Regulations, pursuant to F.S. §§ 163.3201 and 163.3202, is adopted to assist in carrying out the desired general policies of the Comprehensive Plan for managing the use of land and water within the City of Casselberry. The land development regulations shall remain consistent with the Comprehensive Plan as mandated by F.S. ch. 163, pt. II, County and Municipal Planning and Land Development Regulation. The land development regulations shall be amended as necessary to ensure consistency with the City of Casselberry Comprehensive Plan.

A.

General applicability. The land development regulations shall apply to all development or changes in land use throughout the City of Casselberry. No development, as defined herein, or change in land use shall be undertaken without prior authorization pursuant to this Code.

B.

Status of previously issued construction permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective construction permit if:

1.

The development activity authorized by the permit has been commenced prior to the effective date of this Code or will be commenced after the effective date of this Code but within 60 days following the issuance of a valid building permit granted prior to the effective date of this Code; and

2.

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the construction permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or as hereinafter may be amended.

C.

Status of previously approved development plans. Projects with unexpired development plans on which development activity is taking place at the time this Code or an amendment thereto is adopted must meet only the requirements of the regulations in effect when the development plan was approved, unless otherwise provided in the development plan. However, such site plans shall terminate 12 months from the effective date of this ordinance if construction has not been started as evidenced by steady and continuous progress, including the pouring of footings by said termination date. If the development plan expires, any further development on that site shall occur only in conformance with the requirements of this Code or as this Code hereafter may be amended.

If the cause of the developer's failure to proceed is beyond the developer's control, the Administrative Official may review the conditions and determine if an extension is appropriate. The Administrative Official may grant no more than two site plan extensions. No single site plan extension shall exceed six months. Prior to granting a site plan extension, the Administrative Official shall render a finding that a valid concurrency facilities reservation is in effect for the duration of the extension period.

A.

General interpretations. In the interpretation and application of this Code all provisions shall be: (1) considered as minimum requirements for the promotion of the public health, safety, morals and general welfare; (2) liberally construed in favor of the City, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes.

B.

Conflicts. More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

Where the provisions of the Code appear to conflict with another law, the most restrictive provision shall govern.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

Upon the effective date of this ordinance, Chapters 33, 153, 154, 155, 157 and 158 of the 1982 Code of Ordinances, City of Casselberry, Florida, shall be repealed and shall be superseded by the provisions of this Code.

The repeal of an ordinance shall not revive any ordinances in force before or at the time of that the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

Any prosecution arising from a violation of any ordinance repealed by this ordinance, which prosecution may be pending at the time this Code becomes effective, or any prosecution which may be started within one year after the effective date of this Code as a consequence of any violation of any ordinance repealed therein, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly as if such ordinance had not been repealed.

Violation of the provisions of the Unified Land Development Regulations or the failure to comply with any requirements including violations of conditions duly imposed by the City shall constitute a misdemeanor. Upon conviction, such violation shall be punished by a fine not exceeding $300.00 or imprisonment for a term not exceeding 90 days, or by both such fines and imprisonment. Each day any violation shall continue shall constitute a separate offense.

In addition to the penalties provided in this Section, the City may exercise authority provided for through the Code Enforcement Board (cross reference Sections 2-146—2-156) or through the citation program (cross reference Section 1-2.3).

In addition to any penalty provided by law for the violation of any provision of this Code or any condition duly imposed by the City, the City may bring suit in the Circuit Court to enjoin, restrain, or otherwise prevent the violation of any provision of this Code or any condition duly imposed by the City.

Provisions of this ordinance shall be incorporated in the City Code of Ordinances and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention.

Public Notice under this Unified Land Development Regulations, if any is required, shall be in accordance with state law.

Ord. No. 02-1045, § 2, 5-13-02)

The City Manager shall appoint an Administrative Official charged with authority to administer this ordinance and to enforce the regulations contained herein. The Administrative Official, in the performance of enforcement duties and functions, may enter upon any land and make examinations and surveys that do not occasion damage or injury to private property. For the purpose of administering and enforcing this ordinance, the Administrative Official may appoint appropriate persons who shall have the authority of the Administrative Official which are necessary to enforce the land development regulations. Designated personnel from the Community Development Department, Fire Department, Police Department and Public Works Department shall be vested with authority to implement and enforce provisions of the land development regulations.

A.

Application, purpose and conflict. The Administrative Official shall apply the provisions of these regulations as minimum requirements for the promotion of the public health, safety, or the general welfare of the public. These regulations are not intended to interfere with, abrogate or annul any lawful easements, covenants or other agreements between parties; provided, however, that, where these regulations impose a greater restriction, the provisions of these regulations shall prevail.

B.

Violation and enforcement procedures. If the Administrative Official shall find that any of the provisions of the land development regulations are being violated, written notification shall be directed to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The Administrative Official shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work to be done; or shall take any other action authorized by the land development regulations to ensure compliance with or to prevent violations of its provisions.

The Administrative Official may order the protection of land, water, and other natural resources or the use of buildings; the discontinuance of the use of land or buildings; removal of trees to conform with height limitations set forth herein; removal of buildings, additions, and alterations of structures; discontinuance of any work being done; and may take any or all other action necessary to correct violations and obtain compliance with all the provisions of the land development regulations.

1.

Violations reported by the public. Any person may report a violation of the land development regulations to the Administrative Official. Such reports shall be signed by the person submitting the written complaint. The written statement shall fully describe the basis for the complaint. The statement shall be filed and maintained by the Administrative Official who shall properly record the complaint, investigate the complaint, and take action necessary to remedy valid complaints as provided for in this Article.

A verbal report of an alleged violation may be directed to the Administrative Official. A verbal report of violation received by the Administrative Official shall be processed by informing the complainant as to the written procedures described above. When a person does not subsequently submit a written report concerning violations, the Administrative Official shall ensure that a field inspection is carried out to verify the oral report concerning the alleged violation.

Complaint investigations may also be based upon field inspections performed by the Administrative Official or other designated personnel.

2.

Investigation. In conducting investigations of violations, the Administrative Official and City inspectors shall have the authority, where lawful, to inspect property, obtain the signed statements of prospective witnesses, photograph violations, and do such other gathering of evidence as is necessary for the complete investigation of a violation of the land development regulations.

Where it is determined that a probable violation of the land development regulations exists, the owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided for in Section 1-1.11 herein.

3.

Notice of violation. Prior to issuing a citation for a violation of this Code, the Administrative Official shall provide written notice to the violator that the violator has committed a violation of a Code and shall establish a reasonable time period within which the violator must correct the violation. If, upon investigation, the Administrative Official finds that the violator has not corrected the violation within the time period, the violator may be issued a citation. If, however, the Administrative Official finds a repeat violation or if the Administrative Official has reason to believe that the violation presents a serious threat to the public health, safety, morals or welfare, or if the violation is irreparable or irreversible, the Administrative Official does not have to provide the violator with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation.

4.

Issuance of citation. A citation issued by the Administrative Official or other designated City official shall state the date and time of issuance; name and address of the person in violation; date of the violation; section of the land development regulations, or subsequent amendments thereto, violated; name of the City Administrative Official, date and time when the violator shall appear in Seminole County court.

5.

Cease and desist orders. The Administrative Official shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where a misdemeanor violation has been committed or shall exist.

C.

Penalties and other legal remedies. The Administrative Official shall pursue each misdemeanor and any lawful civil action or proceeding as deemed necessary in compliance with this Code. The City Commission may establish a schedule of fines for penalizing violators. Each day the offense continues after due notice shall be deemed a separate offense and the schedule of fines shall be applied accordingly. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

Violation of the provisions of this Article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with an approved conditional use, site plan approval, dimensional variance or modification, or other approval action) by any person shall be subject to the jurisdiction of the Code Enforcement Board or Special Magistrate and any other remedies available to the City.

When any person takes action which is known, or reasonably should have been known, to depart from approved plans for development which has been granted, a penalty of ten percent of the fair market value of the work done and materials used in the subject violation of the approved plans, or $250.00, whichever is greater, shall be charged. Fair market value shall be determined by reference to any plans, specifications, and other materials submitted to the City in conjunction with an application for a building permit or based on an appraisal by a qualified property appraiser designated by the Administrative Official. The cost of such appraisal shall be borne by the petitioner.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy a violation of the land development regulations.

D.

Administrative appeals. Appeals of an administrative official's decision are determined by the Planning and Zoning Commission and may be initiated by any person aggrieved or by any officer, board or agency of the City in the enforcement of this ordinance. Appeals of final decisions of the Planning and Zoning Commission are considered by the City Commission based on the criteria provided in Section 1-2.6(E).

1.

Timing and procedure for appeals. An appeal of an Administrative Official's determination to the Planning and Zoning Commission shall be taken within ten calendar days after rendition of the order, requirement or determination by the Administrative Official to which the appeal is directed. For purposes of computing the time for filing an appeal, the making of an order, requirement, decision or determination by the Administrative Official shall be the date at which a written, dated and signed instrument expressing such decision is filed in the records of the Administrative Official. The original and one copy of the notice of appeal on a form provided by the Administrative Official shall be filed with the Administrative Official who shall forthwith transmit to the Planning and Zoning Commission all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken and the original notice of appeal.

2.

Hearing. Hearings on appeals to the Planning and Zoning Commission shall be held in conformity with the below-cited provisions:

a.

Date of hearing for appeals. Hearings shall be held by the Planning and Zoning Commission at a date and time fixed by the chairperson and shall in no event be less than 30 or more than 60 days after the filing of a completed application.

b.

Notice. Upon notification by the Administrative Official of the date fixed by the Planning and Zoning Commission for hearing on any matter subject to the provisions of this Section, the Administrative Official, or other designated staff, shall cause a notice of the time, place and purpose of such hearing to be published at least once in a newspaper of general circulation in the City of Casselberry with the first such publication to be at least ten calendar days prior to the date of the hearing. The Administrative Official, or other designated staff, shall also mail similar notices setting forth the time, place and purpose of the hearing to:

i.

The applicant;

ii.

The Administrative Official; and

iii.

The owner of the property described in the application, if other than the applicant.

c.

Appearance and argument. At any hearing of an administrative appeal, the applicant seeking action by the Planning and Zoning Commission and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make an initial presentation respecting the application and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the applicant so desires. The chairperson may, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed for each party to make such presentation.

3.

Decision and order by the Planning and Zoning Commission. Action by the Planning and Zoning Commission upon any matter subject to the provisions of this Section shall be announced by the chairperson immediately following the vote determining such action and shall thereafter be embodied in a written order prepared by the Administrative Official. Such written order shall be incorporated into the minutes of the meeting at which such action occurred.

4.

Finality of decision. When the Planning and Zoning Commission has taken action respecting an administrative appeal, no application for the same relief shall be accepted by the Administrative Official, or other designated staff, for consideration by the Planning and Zoning Commission for a period of six months from the date of such action, provided however, that an applicant may request that the Planning and Zoning Commission waive the provision of this Section for proper cause after hearing in conformity with the provisions established herein in Section 1-2.6(D)(2) [sic].

5.

Appeal of decisions by the Planning and Zoning Commission. Any person or persons, jointly or severally, or any officer, department, board, commission or bureau of the governing body aggrieved by any decision of the Planning and Zoning Commission respecting an administrative appeal may apply to the City Commission for relief within 30 days after rendition of the written decision, upon payment of an application fee as determined by Resolution of the City Commission.

6.

Procedure for appeals. The appeal before the City Commission shall not be a hearing de novo, but shall be certiorari review, based solely on the record of the hearing before the Planning and Zoning Commission. The Planning and Zoning Commission's interpretation of the Code in rendering its decision will not be disturbed unless the Planning and Zoning Commission's interpretation is erroneous. The appellant is responsible for providing the City Commission with a verbatim transcript of the hearing. The proceedings before the Planning and Zoning Commission, including all exhibits, the transcribed testimony of witnesses, and the findings of the Planning and Zoning Commission shall be the subject of review by the City Commission. The appeal shall be subject to the procedures outlined in subsection D(1) through (5) of this Section, except that:

a.

References to the Planning and Zoning Commission shall be to the City Commission; and

b.

The appeal shall be taken within 30 days of rendition, as provided in Section five, not ten days.

c.

Appeals from the City Commission decision shall be to the Circuit Court.

(Ord. No. 05-1152, § 1, 7-25-05; Ord. No. 12-1369, § 4, 2-13-12; Ord. No. 13-1400, § 15, 1-13-14)

Editor's note— Ord. No. 99-927, § 1, adopted Mar. 1, 1999, repealed § 1-2.2, which pertained to the Code Enforcement Board and derived from Ord. No. 757, adopted Mar. 1, 1993.

Editor's note— Ord. No. 13-1400, § 2, adopted January 13, 2014, repealed § 1-2.3, which pertained to citations and derived from Ord. No. 94-803, § I, adopted June 6, 1994.

Editor's note— Ord. No. 97-882, § I, adopted Aug. 18, 1997, repealed § 1-2.4. which pertained to building permits and derived from Ord. No. 96-878, § I, adopted Dec. 16, 1996.

A.

Establishment and membership. The Development Review Committee is hereby established, which shall be composed of representatives from City departments responsible for reviewing land development proposals.

The Development Review Committee (DRC) shall be comprised of the following personnel and designated staff:

•

Director of Community Development or designated staff;

•

Director of Public Works or designated staff;

•

Fire Marshal; and

•

Police Chief or designated staff.;

In addition, the City Manager or designee may appoint additional members to serve on the Development Review Committee.

B.

Officers and procedures. The chairperson of the Development Review Committee shall be the Administrative Official. The Development Review Committee may elect a vice-chairperson from among its members. The Administrative Official shall appoint a secretary to the Development Review Committee to keep a record of its findings, decisions and recommendations, which shall be a public record and shall be maintained in the office of the Administrative Official. Meetings of the Development Review Committee shall be open to the public and shall be held at the call of the chairperson and/or at such times as the Development Review Committee shall determine.

C.

Powers and duties. The Development Review Committee shall have the power to review applications for annexation, subdivisions, site plans, street vacations, planned development projects, developments of regional impact and other applications referred to the Committee by the Administrative Official. In reviewing such applications the Development Review Committee shall recommend approval, denial or approval with conditions, amendments or modifications. The Development Review Committee's recommendations shall be by consensus of the members. The Committee's secretary shall transmit recommendations by the Development Review Committee to the appropriate reviewing authority including but not limited to the City Commission and the Planning and Zoning Commission. The powers and duties of the Development Review Committee shall include other responsibilities and authority as specifically set forth in this ordinance.

D.

General considerations by the Development Review Committee. The Development Review Committee has the authority to consider the following in its recommendations:

1.

Whether an application and/or a plan is consistent with applicable goals, objectives, policies, standards and proposals in the Comprehensive Plan.

2.

Whether all public facilities and services necessary to serve the proposed use shall be available concurrent with the actual impact of the use in question.

3.

Whether the established level of service of public facilities necessary to serve the development or phase thereof shall be adversely impacted by the proposed use or activity.

4.

Whether the proposed development satisfies the development review criteria and other applicable requirements of the land development regulations.

(Ord. No. 02-1045, § 3, 5-13-02)

Pursuant to and in accordance with F.S. § 163.3174, of the Local Government Comprehensive Planning and Land Development Regulation Act, the City of Casselberry Planning and Zoning Commission is hereby designated and established as the Local Planning Agency (LPA) for the City. The Planning and Zoning Commission as the Local Planning Agency shall direct the following activities:

1.

Conduct the comprehensive planning program pursuant to F.S. § 163.3174.

2.

Coordinate said Comprehensive Plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the state.

3.

Prepare the Comprehensive Plan, and, during preparation of the Comprehensive Plan prior to any recommendations to the City Commission, the Planning and Zoning Commission shall hold at least one public hearing with due public notice on the proposed plan or element, or portion thereof.

4.

Monitor and oversee the effectiveness and status of the Comprehensive Plan and recommend to the City Commission such changes in the Comprehensive Plan as may be required from time to time pursuant to procedures, criteria and directives identified in the City of Casselberry Comprehensive Plan: 1990-2010. The Comprehensive Plan monitoring and evaluation process shall also be compatible with F.S. § 163.3191, including preparation of periodic reports.

5.

Review proposed land development regulations or amendments thereto, and make recommendations to the City Commission as to the consistency of the proposal with the adopted Comprehensive Plan or element, or portion thereof, for purposes of implementing the Comprehensive Plan.

6.

Perform any other functions, duties and responsibilities assigned to it by the governing body or by general law or special law.

7.

All meetings of the Planning and Zoning Commission shall be public meetings, and Commission records shall be public records.

A.

Authority. The Planning and Zoning Commission as the Local Planning Agency shall abide by all the applicable provisions of the City Charter, as amended, and F.S. ch. 163, pt. II, Local Government Comprehensive Planning and Land Development Regulation.

B.

Functions and powers. The functions and powers of the Planning and Zoning Commission shall include:

1.

Acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the area concerned, statistics on past trends and present conditions with respect to population, property values, economic trends, land use, and such other information as is useful in determining the amount, direction, and kind of development to be expected in the area and its various parts;

2.

Establish principles and policies for guiding action affecting the development of the City and its environs;

3.

Advise and consult with the Administrative Official and others as necessary in: preparing the Comprehensive Plan; adopting amendments to the plan based on continuing plan evaluation; and in adopting courses of action and proposed ordinances and regulations designed to promote orderly development as may be necessary to implement the plan or to carry out any function of the Planning and Zoning Commission;

4.

Determine whether specific proposed developments conform to the principles and requirements of the Comprehensive Plan as to growth and improvement;

5.

Keep the City Commission and the general public informed and advised as to the physical development of the City;

6.

Conduct public hearings as may be required to gather information necessary for the preparation, establishment, and maintenance of the Comprehensive Plan, as well as all other required public hearings necessary in the conduct of responsibilities delegated to the Planning and Zoning Commission;

7.

Make or cause to be made any necessary special studies on the location, condition, and adequacy of specific facilities in the area. These may include, but are not limited to, studies on housing; commercial and manufacturing conditions and infrastructure; public and private utilities; and traffic circulation, transportation, and parking;

8.

Consider all plats subdividing lands, as well as all newly proposed streets or extensions thereto, and recommend acceptance, modification, or rejection thereof; prepare and adopt regulations for the subdivision and platting of land; review all plans for such streets and subdivisions, including all required community facilities such as drainage, water and wastewater facilities, and all other needed public improvements; and adopt determinations as required by F.S. ch. 163, pt. II;

9.

Undertake studies of City public land needs and adopt site acquisition and improvement programs, including development plans and requisite capital facilities;

10.

Carry out powers of site plan approval as stated in Article XVIII and render determinations regarding conditional uses; and

11.

Perform any other duties which lawfully may be assigned to the Local Planning Agency. All meetings of the Planning and Zoning Commission shall be public meetings, and Agency records shall be public records.

C.

Membership. The City Planning and Zoning Commission shall consist of seven volunteer members who shall be residents of the City of Casselberry and shall remain City residents for the duration of their memberships on the Commission. Members shall be appointed by the City Commission for staggered two-year terms. Four members shall be appointed by the City Commission at the last regular meeting in January of each even numbered year, and three members shall be appointed by the City Commission at the last regular meeting in January in each odd numbered year. In addition, the City Commission may appoint one qualified elector of the City to serve as an alternate member, designating him/her as such. The alternate member shall only vote in the temporary absence or disability of any regular member or when a regular member is otherwise disqualified in a particular case, but in all other respects shall be subject to the same regulations as any other Board member, such as attendance requirements and term limits. The members shall not be compensated for their time, but may receive pre-approved expenses for necessary travel per diem costs, or other expenses which are pre-approved and deemed necessary to the official business of the City.

The terms of all members appointed shall commence on January 31 and shall be for a period of two years. The City Commission shall make all appointments and shall fill any vacancy which may arise on the City Planning and Zoning Commission. The City Commission may remove any member of the City Planning and Zoning Commission for neglect of duty, malfeasance in office, or for unexcused absence from three consecutive meetings of the City Planning and Zoning Commission, or for other good and sufficient cause.

D.

Rules of procedure. The Planning and Zoning Commission shall establish and adopt rules of procedure, which shall include policies including, but not limited to, election and duties of officers; meeting schedule, time, and place; establishing order of business and method of transaction; procedure for action and voting by members; conduct of public hearings; rules of conduct; parliamentary procedure; maintenance of records; and method of amending same.

1.

Officers. The Planning and Zoning Commission shall elect a chairperson and a vice-chairperson from among its members. The Community Development Director shall provide a secretary to record minutes of the Planning and Zoning Commission and carry out requisite secretarial duties.

2.

Meetings. The Planning and Zoning Commission shall meet monthly according to a regular schedule when action has been requested and is required for development issues to proceed. Meetings shall occur at a designated place to be determined by the Commission. The Commission may meet at such other times as the chairperson or Planning and Zoning Commission may determine. The Commission shall adopt rules for the transaction of its business and keep a properly indexed record of its resolutions, transactions, findings and determinations.

3.

Quorum. A majority of the Commission shall be necessary to constitute a quorum for the transaction of business, but a smaller number may act only to adjourn meetings for lack of a quorum. The affirmative vote of a majority of the quorum shall be required to pass any action of the Commission.

4.

Rules. Rules of the Planning and Zoning Commission shall also apply when the Commission is acting under powers extended to the Local Planning Agency in F.S. ch. 163.

5.

Funding. The City Commission shall appropriate funds at its discretion for expenses necessary for the work of the Planning and Zoning Commission. The Planning and Zoning Commission, with the approval of the City Commission and in accordance with the City's fiscal practices, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources, provided acceptance of loans or grants must be approved by the City Commission.

6.

Establish a schedule for Comprehensive Plan review. The Planning and Zoning Commission rules of procedure shall establish a schedule for the review of the Comprehensive Plan pursuant to F.S. § 163.3191, to determine whether Comprehensive Plan amendments are desirable.

7.

Public participation. The Planning and Zoning Commission shall provide for effective citizen participation in the comprehensive planning process to the fullest extent possible consistent with F.S. § 163.3181. These procedures shall include, but are not limited to, the following:

a.

Broad dissemination of detailed proposals and alternatives;

b.

The opportunity for written public comments;

c.

Public meetings after reasonable notice;

d.

Provisions for open discussion at all meetings;

e.

Development of communication programs;

f.

Informational services;

g.

Reasonable consideration of and response to public input; and

h.

Assurance that real property owners are provided with notice of all official actions which will regulate the use of their property.

E.

Appeals of final decisions made by the Planning and Zoning Commission to the City Commission. The decisions of the Planning and Zoning Commission shall be final in matters regarding site plan review and conditional uses [which are not developments of community impact as defined in Subsection 4-18.2(A)(6)], appeals of decisions by the administrative official, and appeals of a variance request.

Decisions of the Planning and Zoning Commission regarding developments of community impact (DCI) as well as the subdivision of land, change in the land development regulations, or change in the Comprehensive Plan shall be advisory to the City Commission.

In considering and acting upon appeals of decisions of the Planning and Zoning Commission, the following procedures shall be observed:

1.

Procedure and time limitation for appeal. An appeal to the City Commission shall be taken within 30 days after the date of the order by the Planning and Zoning Commission to which the appeal is directed. For purposes of computing the time for filing an appeal, "rendition" of an order, requirement, decision or determination by the Planning and Zoning Commission or the Administrative Official shall be the date at which a written, dated and signed instrument expressing such decision is filed in the records of the Administrative Official. The original and one copy of the notice of appeal on a form provided by the Administrative Official shall be filed with the Administrative Official who shall forthwith transmit to the City Commission all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken and the original notice of appeal.

2.

Date of hearing for appeals. Hearings shall be held by the City Commission at a date and time fixed by the City Manager and shall in no event be less than 30 nor more than 60 days after the filing of the notice of appeal.

3.

Notice. Upon notification by the City Manager of the date fixed for hearing on any matter subject to the provisions of this Section, the City Clerk shall cause a notice of the time, place and purpose of such hearing to be published at least once in a newspaper of general circulation in the City of Casselberry with the first such publication to be at least ten calendar days prior to the date of the hearing. The City Clerk shall also mail similar notices setting forth the time, place and purpose of the hearing to:

a.

The appellant;

b.

The Administrative Official; and

c.

The owner of the property described in the application, if other than the appellant.

In the case of appeals of decisions regarding issuance of a variance or conditional use, in addition to the notice requirements of Section 1-2.6(E)(2)(a)—(c), notice shall also be directed to all owners of real property within 300 feet of the boundaries of the land upon which the variance or conditional use is requested, except that, where the property for which the request has been made is located in a commercial or industrial zoning district, notice shall be mailed to all owners of real property within 500 feet of the boundaries of the property.

4.

Scope of view of City Commission. In reviewing final orders, requirements, decisions or determinations of the Planning and Zoning Commission upon appeal thereof in conformity with this Section, the City Commission shall be limited to certiorari review of the documents, plans, papers or other materials constituting the record upon which the action was taken. The City Commission may, upon appeal, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination made by the Planning and Zoning Commission and may make any necessary further order, requirements, decisions or determinations respecting the subject of the appeal and, to that end, shall have all the powers of the Planning and Zoning Commission and/or the Administrative Official, respecting such matter. The concurring vote of no less than three members of the City Commission shall be necessary to reverse or modify any order, requirement, decision or determination of the Planning and Zoning Commission by the City Commission.

5.

Appearance and argument. At any hearing upon any matter subject to the provisions of this Code, the appellant seeking review by the City Commission and any other party desiring to be heard may appear in person, by agent or by attorney. The appellant shall be entitled to make an initial presentation respecting the appeal, and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the appellant so desires. The Mayor may, at the commencement of the hearing, or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed for each party to make such presentation.

6.

Effect of appeal and stay of proceedings. An appeal to the City Commission shall, upon filing, stay all work on the premises and all proceedings in furtherance of the order, requirement, decision of determination appealed from, unless the Administrative Official shall certify to the City Commission that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property, in which case proceedings or work shall not be stayed except by a restraining order granted by the City Commission for due cause shown after notice to the party filing the appeal and to the Administration Official. Nothing in this Section shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or stay actions of the Administrative Official or the City Commission.

F.

Decision and order by the City Commission. Action by the City Commission upon any matter subject to the provisions of this Section shall be announced by the Mayor immediately following the vote determining such action and shall thereafter be embodied in a written order prepared by the City Clerk and executed by the Mayor and the City Clerk. Such written order shall be incorporated into the minutes of the meeting at which such action occurred.

G.

Finality of decision. When the City Commission has taken action respecting an appeal of a Planning and Zoning Commission decision, no application for the same relief shall be accepted by the City Clerk for consideration by the Planning and Zoning Commission or the City Commission for a period of six months from the date of such action, provided however, that an applicant may request that the City Commission waive the provision of this Section for proper cause after hearing in conformity with the provisions established herein in Section 1-2.6(D)(2) [sic].

H.

Judicial review of decisions. Any person or persons, jointly or severally, or any officer, department, board, commission or bureau of the governing body aggrieved by any decision of the City Commission respecting an appeal of a Planning and Zoning Commission decision may apply, in the manner provided by law, to the Seminole County Circuit Court for judicial relief within 30 days after rendition of the written decision.

I.

Reviews required by the Planning and Zoning Commission. Pursuant to the state's Local Government Comprehensive Planning and Land Development Regulation Act, the following reviews by the Planning and Zoning Commission are mandated:

1.

Review of development for consistency with Comprehensive Plan.

a.

Intent. In compliance with F.S. § 163.3194, all development within the City of Casselberry and all development orders and public actions related to such development shall be consistent with the City's adopted Comprehensive Plan as may be hereafter amended. "Development order" as stated herein shall mean any order granting, denying, or granting with conditions an application for a development permit, building permit, zoning permit, subdivision approval, rezoning, variance, or any other action having the effect of permitting the development of land as defined in F.S. § 163.3161.

b.

Review by the Planning and Zoning Commission. Where an administrative board or other administrative official as may be charged by the City Commission determines that a question exists as to a development application's consistency with the Comprehensive Plan, a written report and recommendation regarding such question shall be forwarded by the Administrative Official to the Planning and Zoning Commission for its review. The issue shall be placed before the Planning and Zoning Commission at its next regularly scheduled meeting. The applicant shall be notified of the meeting date, time, and place of the meeting.

2.

Review and amendment of Comprehensive Plan. At least once every five years, the Comprehensive Plan shall be reviewed by the Planning and Zoning Commission to determine whether additions or amendments to the Comprehensive Plan are desirable based on demographic and economic trends; changes in land use, infrastructure or natural resources; fiscal considerations; or other factors. If the Planning and Zoning Commission desires an amendment or addition to the Comprehensive Plan, it may, on its own motion, direct the Administrative Official to prepare such amendment; and, if such amendment is in accordance with the purposes of the Comprehensive Plan, the Planning and Zoning Commission and the City Commission shall provide due public notice and convene hearings pursuant to procedures established in F.S. §§ 163.3184 and 163.3187. The City Commission shall consider recommendations of the Planning and Zoning Commission prior to final action on the proposed amendment. The procedure for revising, adding to, or amending the Comprehensive Plan shall be the same as the procedure for its original adoption.

3.

Review of land development regulations adoption or amendment. Prior to adoption or amendment of the land development regulations, the Planning and Zoning Commission shall review such regulations and maps, and hold appropriate hearings as required pursuant to F.S. § 166.041. The Planning and Zoning Commission, regardless of the source of a proposed land development regulations change, shall hold a public hearing or hearings thereon, with due public notice.

4.

Review of development plans and policies required to carry out powers described herein or delegated by City Commission. The Planning and Zoning Commission shall conduct such other reviews of development plans, policies, and applications for conditional use approval, as shall be necessary to effectively carry out duties and responsibilities described in F.S. ch. 163, and those stipulated in this Code or delegated by the City Commission.

5.

Conditional uses. The Planning and Zoning Commission may grant a conditional use for purposes of waiving or reducing a dimensional requirement.

(Ord. No. 05-1161, § 3, 6-27-05; Ord. No. 12-1369, § 5, 2-13-12)

An owner or his authorized agent may request a variance from the land development regulations as provided for herein. The Planning and Zoning Commission shall have the quasi-judicial power necessary to grant such variances that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the land development regulations would result in unnecessary hardship. A variance from the terms of the land development regulations shall not be granted by the Planning and Zoning Commission unless and until the following requirements are met:

A.

Application. All applications for variances shall be in the form required and provided by the Administrative Official. Such application shall be submitted to the Administrative Official together with the fee established by resolution of the City Commission. A "completed application" shall include the application form, the fee and all required supplemental information necessary to render determinations related to the variance request.

Upon receipt of an application for a variance, the Planning and Zoning Commission shall hold a public hearing upon the application in accordance with the procedures cited below in Subsection B, and render an order granting or denying such application. In granting such application the Planning and Zoning Commission must make specific affirmative findings respecting each of the matters specified in Subsection C., below, and may prescribe appropriate conditions and safeguards, including requirements in excess of those otherwise required by these land development regulations, which shall become a part of the terms under which a development order may be issued.

B.

Notice and hearing procedure for variances. In considering and acting upon applications for variance, the following procedures shall be observed:

1.

Date of hearing. The hearing shall be held by the Planning and Zoning Commission at a date and time fixed by the chairperson of the Planning and Zoning Commission.

2.

Notice. Upon notification by the chairperson of the Planning and Zoning Commission of the date fixed for hearing on any matter subject to the provisions of this Section, the Administrative Official shall cause a notice of the time, place and purpose of such hearing to be published in a newspaper of general circulation in the City of Casselberry at least 15 days prior to the date of the hearing.

a.

Mailing of notice. The Administrative Official shall also mail similar notices at least ten days prior to the scheduled hearing setting forth the time, place and purpose of the hearing to (a) the applicant; (b) the owner of the property described in the application, if other than the applicant; and (c) to all owners of real property within 300 feet of the boundaries of the land upon which the variance is requested, except that, where the property for which the request has been made is located in a commercial or industrial zoning district, notice shall be mailed to all owners of real property within 500 feet of the boundaries of the property.

For the purpose of notice requirements to nearby owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of the county and will be provided to the City by the applicant.

The failure of any owner required by this Section to be notified by mail to receive such notice shall not invalidate or otherwise have any effect on the action of the Planning and Zoning Commission on any application.

b.

Applicant to pay costs. All costs of notification shall be paid by the applicant.

3.

Appearance and presentation. At any hearing upon any matter subject to the provisions of this Section, the applicant seeking action by the Planning and Zoning Commission and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make an initial presentation respecting the application and, at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the applicant so desires. The chairperson of the Planning and Zoning Commission may, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such presentation.

C.

Standards for considering variances. Before any variance may be granted, the Planning and Zoning Commission must find all of the following:

1.

Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other land, structures or buildings in the same zoning district.

2.

Conditions not created by applicant. That the special conditions and circumstances do not result from the action or negligence of the applicant.

3.

Special privileges not conferred. That granting the variance requested will not confer upon the applicant any special privileges denied by the land development regulations to other lands, buildings or structures in the same zoning district.

4.

Hardship conditions exist. That literal interpretation of the provisions of the land development regulations would deprive the applicant of rights commonly enjoyed by other properties in this same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant.

5.

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

6.

Not injurious to the public welfare. That the grant of the variance will be in harmony with the general intent and purpose of the land development regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public interest or welfare.

D.

Action. Action by the Planning and Zoning Commission upon any matter subject to the provisions of this Section shall be announced by the chairperson of the Planning and Zoning Commission immediately following the vote determining such action and shall thereafter be embodied in a written order prepared by the Administrative Official and executed by the chairperson of the Planning and Zoning Commission and the Administrative Official. Such written order shall be incorporated into the minutes of the meeting at which such action occurred. The Planning and Zoning Commission shall enter its order denying such application, specifying the reasons therefor, or granting such application, in whole or in part, under such terms and conditions as the Commission shall determine appropriate.

Under no circumstances shall the Planning and Zoning Commission grant a variance to permit a use not generally permitted by right or as a conditional use in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. No variance shall be granted that increases the density or intensity of a use in a manner inconsistent with the Comprehensive Plan.

The Planning and Zoning Commission shall make factual findings regarding the following:

1.

Whether or not the requirements of the land development regulations have been met by the applicant for a variance.

2.

Whether or not the reasons set forth in the application justify the granting of the variance and whether or not the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.

3.

Whether or not the granting of the variance will be in harmony with the general purpose and intent of the land development regulations and whether or not the variance will be injurious to the neighborhood or otherwise detrimental to the public welfare.

An order permitting a variance may prescribe appropriate conditions and safeguards, including visual screening, and may also prescribe a reasonable time limit within which construction or occupancy of the premises for the proposed use shall have begun or have been completed or both. Upon entry of an order granting a variance, the Administrative Official shall not issue any development order for the subject property unless and until all of the conditions and requirements of the order granting the variance are met. Violation of those conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the land development regulations.

E.

Effect and limitation of variance. An order granting a variance shall be deemed applicable to the parcel for which it is granted and not to the individual applicant, provided that no order granting a variance shall be deemed valid with respect to any use of the premises other than the use specified in the application for a variance.

F.

Appeals of the decision of the Planning and Zoning Commission. Any persons, jointly or severally, aggrieved by any decision of the Planning and Zoning Commission may apply to the City Commission for relief after rendition of the written decision. The appeal process is provided in ULDR Section 1-2.6 E.

(Ord. No. 05-1161, § 3, 6-27-05; Ord. No. 1152, § 2, 7-25-05; Ord. No. 12-1369, § 6, 2-13-12)

A.

Legislative intent. The legislative intent of the land development regulations is to provide the City Commission of the City of Casselberry regulatory powers necessary to implement the Comprehensive Plan consistent with enabling legislation of F.S. § 163.3202.

B.

Powers of City Commission.

1.

Adopt or amend land development regulations. The City Commission shall adopt land development regulations consistent with F.S. § 163.3202. The City Commission may amend or supplement the regulations and districts fixed by the adopted City land development regulations. The City Commission shall hold a public hearing on such matters, with due public notice, if any change is to be considered and shall act on the proposed change after such hearing.

2.

Establish fees and appropriate funds. The City Commission shall by resolution establish fees, charges, and expenses imposed by these land development regulations.

3.

Consider and act on development issues as required. The City Commission shall consider and act on development and growth management issues pursuant to this Code, F.S. ch. 163, and other applicable laws and regulations.

4.

Allocate funding and staff resources to enforce land development regulations. The City Commission shall allocate funding and staff resources necessary to enforce the land development regulations, including carrying out appropriate administrative and legal actions.

5.

Appoint and confirm members of requisite boards and commissions. The City Commission shall appoint and confirm members of the City Planning and Zoning Commission, and any other board, commission or committee as may be deemed necessary by the City Commission (cross reference Section 1-2.6(C)).

A.

Initiating amendments to the land development regulations. Amendments to the land development regulations may be initiated by:

1.

City Commission. The City Commission may initiate an amendment to the land development regulations by approving a written statement expressing its intent to amend the regulations and shall submit such written statement and any relevant supportive material to the City Planning and Zoning Commission for review and action (cross reference Section 1-2.6(I)(3)).

2.

Planning and Zoning Commission or other City entity. The City Planning and Zoning Commission or other City entity may initiate an amendment to the land development regulations.

3.

Property owner(s). An amendment to the land development regulations may be initiated by a petition signed by a property owner or the property owner's authorized agent. Such petition shall be submitted to the office of the City Clerk together with a fee as shall be determined by resolution of the City Commission. As many lots or parcels of property as the applicant may desire may be included in any single petition if they are contiguous. The petition shall be submitted on an application form prescribed by the City Clerk. The application shall include, but not be limited to, the following:

a.

Property description. The application shall describe by legal description and by street address, where possible, the property to be affected by the proposed change.

b.

Current and proposed Comprehensive Plan Land Use Map designation. The current and proposed Comprehensive Plan Land Use Map designation for the subject property shall be identified.

c.

Current and proposed zoning. The current and proposed zoning for the subject property shall be identified.

d.

Existing and proposed use. The existing and proposed use of the subject property shall be stated.

e.

Disclosure of ownership. The application shall include a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient.

f.

Justification. The need and justification for the change.

g.

Comprehensive Plan consistency. Identifying impacts of the proposed change in zoning on the Comprehensive Plan. The zoning must be consistent with the Comprehensive Plan.

h.

Impact on surrounding properties and infrastructure. The effect of the change, if any, on the particular property and all surrounding properties. Identify potential land use incompatibility and impacts on infrastructure.

i.

Undeveloped land with similar zoning. The amount of undeveloped land in the general area and in the City having the same zoning classification as that requested.

4.

Limitations on rezoning. No proposal for rezoning or amendment affecting particular property or properties shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned.

5.

Reapplication. Reapplication for the same or similar piece of property requesting the same or similar zoning amendment cannot be made within six months from the date the application was originally denied by the Board and/or Commission.

B.

Administrative review. The City Clerk shall forward zoning change petitions, for which appropriate fees have been submitted, to the Administrative Official and all appropriate administrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this Chapter.

C.

Planning and Zoning Commission review of proposed changes in the land development regulations. The Planning and Zoning Commission, regardless of the source of the proposed change in the regulations, shall hold a public hearing(s) thereon with due public notice. The City Planning and Zoning Commission shall consider recommendations of the Administrative Official and shall submit a written report and recommendation concerning the proposed change of zoning to the City Commission for official action. In its deliberations the Planning and Zoning Commission shall consider the following criteria:

1.

Consistency with plan. Whether the proposal is consistent with the Comprehensive Plan, including the adopted infrastructure minimum levels of service standards and the concurrency management program. Any inconsistencies shall be identified by the Planning and Zoning Commission.

2.

Conformance with ordinances. Whether the proposal is in conformance with all applicable requirements of the City of Casselberry Code of Ordinances.

3.

Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment.

4.

Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved.

5.

Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, water and wastewater services, solid waste disposal, drainage, recreation, education, emergency services, and similar necessary facilities and services.

6.

Natural environment. Whether, and to the extent to which, the proposal would result in adverse impacts on the natural environment, including consideration of wetlands protection, preservation of groundwater aquifer, wildlife habitats, vegetative communities, and wellfield protection.

7.

Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare.

8.

Orderly development. Whether the proposal would result in an orderly and compatible land use pattern. Any negative effects on such pattern shall be identified.

9.

Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation.

10.

Other matters. Other matters which the Planning and Zoning Commission may deem appropriate.

D.

Review by City Commission. Whenever the secretary to the Planning and Zoning Commission has received a written request for a continuance, delay, or postponement of a public hearing from an applicant after the public hearing has been duly advertised, the Planning and Zoning Commission may grant the applicant's request for continuance, delay, or postponement. However, as a condition to granting the applicant's request, the Commission may establish any fees necessary to cover all expenses resulting from the continuance, delay, or postponement. The Commission shall reschedule the hearing as soon as practicable, but in any event within the following 180 days. Further request for continuance, delay, or postponement shall result in denial of the application, and the application shall be subject to the provisions of the last paragraph of Subsection 1-2.9(D)(2).

1.

Upon Planning and Zoning Commission approval. Should the City Planning and Zoning Commission approve the petition, the City Commission shall schedule a public hearing(s) on the petition. The City Clerk shall transmit copies of the petition, all comments and the minutes of the Planning and Zoning Commission meeting to each member of the City Commission at least seven days before the City Commission shall consider the petition.

The City Commission shall hold a public hearing on the requested change, petition, or amendment, with due public notice, and shall then act on the proposed change. In its deliberations the City Commission shall consider the criteria identified in Section 1-2.9(C) herein together with the findings and recommendations of the Planning and Zoning Commission. Any modifications or revisions to the City Planning and Zoning Commission recommendation which involve a greater area of land to be rezoned or a more intensive zoning classification shall be the subject of an additional public hearing before the City Commission with due notice prior to action by the City Commission.

2.

Upon Planning and Zoning Commission denial. If the Planning and Zoning Commission denies the requested change or amendment to the land development regulations, this action shall be deemed final unless such action is appealed to the City Commissionwithin ten calendar days following the oral decision announced by the Planning and Zoning Commission at its final hearing on the issue. The applicant shall file such notice of appeal with the City Clerk.

If an appeal to a decision of the Planning and Zoning Commission is filed, the City Clerk shall transmit copies of the petition, the comments and the minutes of the Planning and Zoning Commission meeting to each member of the City Commission at least seven days before the Commission shall consider the appeal. The City Clerk shall notify the applicant of the time and place of the meeting at which the Commission will hear the appeal.

The City Commission's consideration of the appeal shall be conducted after a public hearing with due public notice in the same manner as stated in Subparagraph 1-2.9(D)(1) above. However, where the Planning and Zoning Commission's recommendation is adverse to the proposed amendment, the change shall not become effective except by an affirmative vote of a majority of the City Commission.

Whenever the City Commission has taken final action regarding changing the zoning classification of property, the Planning and Zoning Commission shall not reconsider any petition for the rezoning of any part or all of the same property for a period of 180 days from the date of the final consideration by the City Commission. However, this time limit may be waived by the affirmative vote of four members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate the proper development of the City.

E.

Public hearings on land development regulations amendments. Due public notice shall be provided pursuant to F.S. § 166.041.

The City Commission of the City of Casselberry, in its sole and exclusive discretion, may enter into development agreements with the legal and equitable owners of real property within, or to be annexed to the City limits of, the City of Casselberry, as is authorized in F.S. § 163.3220, and as is further set forth under the terms of this Article.

The Florida legislature has found that:

1.

The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to Comprehensive Planning.

2.

Assurance to a developer that upon receipt of a development permit the applicant may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning and reduces the economic costs of development.

3.

The comprehensive planning process should be furthered by authorizing local governments to enter into development agreements with developers. The intent is to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.

The City of Casselberry may, by ordinance, establish procedures and requirements, as provided in F.S. §§ 163.3220—163.3243, to consider and enter into a development agreement with any person having a legal or equitable interest in real property located within its jurisdiction. The terms of this Article shall not be applied to planned unit development agreements, except as provided in Article XX.

The entry into a development agreement by the City of Casselberry shall in no way whatsoever limit or modify any legislative power of the City to adopt ordinances, resolutions or regulations or to make executive or legislative decisions of any kind which it had the power to make prior to the entry into such development agreement, except to the degree that the development agreement, by its express terms and not by implication, gives vested rights to said property owner as to certain development permissions, required improvements and similar matters. No development agreement shall, by its express terms or by implication, limit the right of the City Commission to adopt ordinances or regulations or to adopt policies that are of general application in the City, except as is expressly provided by F.S. §§ 163.3220—163.3243.

(Ord. No. 20-1536, § IV, 8-24-20)

A property owner desiring to enter into a development agreement with the City shall make a written request for such development agreement to the City Administrative Official and pay the fee as is established by resolution of the City Commission. Such written request shall identify the lands which are desired to be subject to the development agreement and shall identify all legal and equitable owners having any interest in such property. Such ownership interest shall be certified by a title company or an attorney at law licensed to practice law in the State of Florida. In the event that any partnerships, joint ventures or other entities, other than individuals, own a legal or equitable interest in the subject property, all principals and other persons with interest in such partnerships or joint ventures shall be revealed. In the event that any corporation owns a legal or equitable interest in the subject property, the officers and directors and any shareholder owning more than ten percent of the interest in the corporation shall be revealed.

Upon receipt of a request to enter a development agreement with the City, the City Administrative Official shall place the matter on the agenda of the City Commission, and the City Commission, after considering staff comments, shall, in its sole and absolute discretion, determine whether or not it desires to pursue negotiations with the property owner relative to the entry into a development agreement. In the event that the City Commission determines not to proceed with further negotiations or discussions regarding the development agreement, a prorated portion of the fee paid by the applicant shall be refunded. In the event that the City Commission instructs the City Administrative Official with appropriate City staff to proceed with further negotiations, the fee shall thereafter be nonrefundable, regardless of whether or not a development agreement is ultimately consummated.

Upon the City Commission determining that it desires to proceed with further negotiations relative to a development agreement, the applicant shall promptly submit appropriate development applications including all requisite information as stipulated in the land development regulations. The applicant shall also include the following information regarding the proposed plan and development agreement:

1.

A legal description of the land and identification of lands or outparcels to be exempt from the development agreement.

2.

The persons or other entities having a legal or equitable interest in the land.

3.

The desired duration of the development agreement, but not exceeding thirty (30) years.

4.

The uses desired to be permitted on the land, including population densities, building intensities and height.

5.

A description of all existing and proposed public facilities that will serve the land.

6.

Identification of comprehensive land use plan modifications or zoning district modifications that will be required if the proposed development proposal were to be approved.

7.

The present land use designations and zoning districts of the subject property and all abutting properties. The complete names and addresses of all property owners abutting or lying within 500 feet of the subject property as currently listed in the county records.

8.

A registered Florida surveyor's certified property boundary survey prepared no more than six months prior to the developer's written request for the development agreement.

9.

A generalized plan showing all lands designated "Resource Protection," as well as any other state or federal jurisdictional lands or waters or other environmentally sensitive lands together with their proposed use.

10.

All existing and proposed utilities and the manner in which existing utilities will be extended to the site and/or expanded for the use of the development. "All utilities" shall include water, sanitary sewers, natural gas, electric power, telephone, cable or community antenna television systems and effluent/refuse disposal systems.

11.

A preliminary master drainage plan for the development consistent with Article X, indicating thereon the existing drainage features and land topography, along with and superimposed thereon the proposed drainage features indicating clearly the means by which the finally developed land will collect, regulate and conduct the drainage runoff from the lands developed and tributary thereto. A final drainage plan shall be submitted within 60 days of the consummation of the development agreement.

12.

A preliminary plan showing the location, type, size and height of fencing, earth berms, retaining walls or screen planting to buffer abutting properties, or as is otherwise required by City regulations, and a generalized landscaping plan. A final landscape, fencing and berming plan shall be submitted within 60 days of the consummation of the development agreement.

13.

A preliminary grading plan, including the elevation requirements of the National Flood Insurance Program as applicable to the site. A final grading plan shall be submitted within 60 days of the consummation of the development agreement.

14.

A plan showing the generalized location of existing and proposed vegetation and trees. A final vegetation and tree survey shall be submitted within 60 days of the consummation of the development agreement.

15.

Any deed restrictions or similar documents existing or then known to be imposed on the lands for development.

16.

A list of all federal, state, regional, county or City permit requirements.

17.

Any further information that the City Commission, or its appointed representative, may require because of the particular nature or location of the proposed development.

(Ord. No. 20-1536, § IV, 8-24-20)

A.

Legal implications. The submission of a request for consideration of a development agreement, the City Commission's willingness to pursue discussions, the resultant negotiations regarding a development agreement, the payment of any application fees or the submission of any applications, plans or surveys or any other expenditures or efforts by a developer in connection with the applicant with the development agreement shall not vest any rights whatsoever in any Comprehensive Plan Future Land Use Map designation or zoning district designations; nor shall it, in any manner whatsoever, limit the City Commission from undertaking any comprehensive plan or zoning amendments that it would otherwise legally be entitled to undertake.

B.

Initial staff negotiations. The City Administrative Official and the Development Review Committee shall review the development proposal of the applicant and shall meet and negotiate with the developer or his agents regarding the appropriate development of the lands and shall negotiate the terms and conditions on which said lands should be developed. Said terms and conditions shall be compiled in a written report by the Development Review Committee. The report shall be based on matters deemed appropriate and necessary for the protection of the public interest, and shall be consistent with the Comprehensive Plan and the requirements of the land development regulations.

C.

Development Review Committee report to City Manager and City Commission. At such time as the Development Review Committee has completed its review of the development agreement, the City Administrative Official shall report the status of such negotiations to the City Manager and City Commission at the next available City Commission meeting.

In the event that the Development Review Committee and the developer have negotiated terms of a mutually acceptable development agreement, the essential terms of that development agreement shall be presented by the City Administrative Official in outline form to the City Commission. The City Commission shall review the outline of the development agreement and determine whether to proceed.

In the alternative, if the City Administrative Official deems that no further negotiations would be useful because of the unlikely possibility of reaching a consensus on the terms and conditions of the development agreement, the City Administrative Official shall likewise report the status of such negotiations to the City Commission.

D.

City Commission initial review. If the City Commission, by a simple majority vote, determines to proceed with completion of the development agreement, it shall direct the City Attorney to reduce the terms of the development agreement to contractual form for further consideration by the City Commission. This direction shall, in no manner whatsoever, obligate the City Commission to ultimately approve a development agreement or to approve any of the matters or any specific term or condition negotiated by the City staff or other City Commission appointee.

In the event that the Development Review Committee has not negotiated a mutually satisfactory development agreement, the City Administrative Official shall so notify the City Commission, and the City Commission shall formally conclude the process of negotiating the development agreement. No further consideration of such application shall come before the City Commission. A further development agreement application may be submitted no sooner than 180 calendar days from the date of the City Administrative Official's notification to the City Commission that the previous development agreement application was terminated.

E.

Planning and Zoning Commission review. Following completion of the formalized terms of the development agreement by the City Attorney, the Administrative Official will present the proposed development agreement to the Planning and Zoning Commission at a public hearing advertised in accordance with Section 1-3.8. The Planning and Zoning Commission may recommend approval, approval with modifications or conditions, or shall recommend denial of the proposed development agreement to the City Commission.

F.

City Commission final review. Following the review by the Planning and Zoning Commission, the City Commission will review the proposed development agreement along with the recommendation of the Planning and Zoning Commission at a second public hearing that is advertised in accordance with Section 1-3.8. At the public hearing, the City Commission may approve, approve with modifications or conditions, or deny the development agreement. In the event the City Commission denies the development agreement, consideration of the development agreement application shall conclude. A new development agreement application may be submitted no sooner than 180 days from the date of the denial.

(Ord. No. 20-1536, § IV, 8-24-20)

Any development agreement approved under the provisions of this Article shall contain not less than the following requirements (ref. F.S. § 163.3227):

1.

A legal description of the land subject to the development agreement and the identification of all persons having legal or equitable ownership therein.

2.

The duration of the development agreement, which duration shall not exceed thirty (30) years, but which may be extended by mutual consent of the City and the developer. Any request for an extension shall be subject to the public hearing process necessary for the initial approval of said development agreement.

3.

The development uses permitted on the land, including population densities, building intensities and building heights.

4.

All documents required to comply with criteria cited in the land development regulations applicable to the subject project.

5.

A description of the public facilities that will service the development, including designation of the entity that will be providing such facilities. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed shall be provided. A schedule to ensure that public facilities shall be available concurrent with the impacts of the development shall also be provided. Such schedule, relating the provision of public facilities or services to events or thresholds in the development, may be substituted for the certain dates required hereunder.

6.

The applicant may be required to provide for a performance bond, letter of credit, or similar instrument, to be deposited with the City to secure the construction of any new facilities that are required to be constructed as part of the proposed development agreement. Alternatively, such construction may be a condition precedent to the issuance of any building permits or other development permissions. In the event that the new public facilities are in place and operating at the time development permits are requested, no such performance bond or letter of credit shall be necessary unless such facilities are not adequate for the project.

7.

A description of any reservation or dedication of land for public purposes. The development agreement shall provide specifically how all impact fees and other funding requirements for the project are to be met.

8.

In the event that land is to be conveyed to the City in discharge of the obligation of any impact fee or other similar obligation, the development agreement shall provide that such conveyance will be by warranty deed and will be accompanied by an environmental audit and a title insurance policy which shall be in an amount not less than the assessed value of the land. The applicant shall bear the cost of these requirements.

9.

A description of all development permits approved or needed to be approved for the development of the land, which description shall specifically include, but not be limited to, the following:

a.

Any required Comprehensive Plan amendments or rezonings.

b.

Any required submissions to or approvals from Seminole County; the East Central Florida Regional Planning Council; the State of Florida, Departments of Community Affairs (DCA), Environmental Regulation (DER), Transportation (DOT), Natural Resources (DNR), Health and Rehabilitative Services (DHRS); the United States Army Corps of Engineers; the St. Johns River Water Management District; the United States Environmental Protection Agency; or any other departments with competent jurisdiction over any aspect of the proposed development.

c.

In the event that development requirements are not satisfied, action in reliance on the development agreement or expenditures in pursuance of its terms shall not vest any development rights to the applicant/property owner. Failure to perform as specified in the development agreement shall not constitute partial performance and not entitle the applicant or property owner to a continuation of the development agreement.

10.

A specific finding in the development agreement that the development permitted or proposed is consistent with the City's Comprehensive Plan and with the land development regulations. However, if amendments are required to the Comprehensive Plan or land development regulations, such amendments shall be specifically identified in the development agreement, and the agreement shall be contingent upon those amendments being made and approved by the appropriate governmental agencies.

11.

The City Commission may provide for any conditions, terms, restrictions or other requirements determined to be reasonably necessary for the public health, safety or welfare of City residents and property owners.

12.

A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.

13.

At the City Commission's discretion, the development agreement may provide that the entire development, or any phase thereof, be commenced or completed within a specific period of time.

(Ord. No. 20-1536, § IV, 8-24-20)

Pursuant to F.S. § 163.3225, before entering into, amending, or revoking a development agreement, the City shall conduct at least two public hearings. One of the public hearings shall be held by the Planning and Zoning Commission. The following procedures shall be applied in advertising for the public hearings:

1.

Each public hearing shall be advertised in a newspaper of general circulation in the City of Casselberry, and such advertisement shall be placed approximately seven days before each public hearing pursuant to requirements of F.S. ch. 163.

2.

Notice of intent to consider said development agreement shall also be mailed to all property owners abutting the subject land and/or owners of property lying within 500 feet of the subject land. The applicant for the development agreement shall furnish the City Administrative Official with an updated listing of the complete names and addresses of the affected owners.

3.

The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. All notices of public hearings shall specify the location of the land subject to the proposed development agreement, the development uses proposed on the property, the proposed population densities, building intensities and heights, and shall further specify where a copy of the proposed development agreement can be obtained.

Pursuant to F.S. § 163.3229, the duration of a development agreement shall not exceed thirty (30) years. It may be extended by mutual consent of the governing body and the developer, subject to a public hearing in accordance with F.S. § 163.3225.

(Ord. No. 20-1536, § IV, 8-24-20)

Pursuant to F.S. § 163.3231, a development agreement and authorized development shall be consistent with the City of Casselberry Comprehensive Plan and land development regulations. The City of Casselberry Comprehensive Plan, land development regulations, and other City laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement.

All development agreements shall be executed by all persons having legal or equitable title in the subject land, including the fee simple owner, any contract purchasers and any mortgagees. However, the City Administrative Official may approve the execution of the development agreement without the necessity of such joinder or subordination upon a determination that the substantial interests of the City will not be adversely affected.

A.

Local laws and ordinances. The City may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the City Commission has held a public hearing and determined that such new or amended laws and policies are (ref. F.S. § 163.3233):

1.

Not in conflict with laws and policies governing the development agreement and do not prevent development of land uses, intensities or densities allowed under the terms of the development agreement.

2.

Essential to the public health, safety and welfare and expressly state that they shall apply to a development that is subject to a development agreement.

3.

Specifically anticipated and provided for in the development agreement.

The City must further demonstrate that substantial changes have occurred in pertinent conditions existing at the time of the approval of the development agreement, or that the development agreement is based on substantially inaccurate information supplied by the developer.

Consistent with F.S. § 163.3233(2), the intent is that all development agreements shall specifically provide that subsequently adopted laws and policies having general application throughout the City shall be applicable to the lands subject to the development agreement so long as conditions identified in Subparagraph A. are not abridged. The applicant must abide by such laws of general application which are adopted after the development agreement is executed. Such laws and policies shall apply equally to the subject property as to other properties developed prior to the adoption of such new laws or policies. This Section does not abrogate any rights that may vest pursuant to common law.

B.

State or federal laws. If state or federal laws are enacted after the execution of a development agreement, which laws are applicable to and preclude either party's compliance with the terms and conditions of the development agreement, the agreement shall be modified or terminated as is necessary to comply with the relevant state or federal laws (ref. F.S. § 163.3241). For each annual review conducted during years six through ten of a development agreement, the review shall be incorporated into a written report which shall be submitted to the parties to the agreement and the state land planning agency.

Pursuant to F.S. § 163.3235, the City shall review land subject to a development agreement at least once every 12 months. Such review shall determine if there has been demonstrated good faith compliance with the terms of the development agreement. The City Administrative Official shall present the City Commission with a report on the status of all activities and achievements pursuant to the development agreement.

Prior to the City's review of the status of a development agreement, the developer or property owner shall, within 14 days of the City Commission's review of the development agreement, submit to the City a progress report indicating all activities and achievements since the execution of the development agreement and, if applicable, since the previous periodic report.

In the event that the City no longer has a record of the present property owner and/or developer, any requests or notices required by this ordinance shall be made to the property owner of record as shown on the records of the Seminole County Property Appraiser.

Pursuant to F.S. § 163.3235, in the event that the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the City Commission. In addition, pursuant to F.S. § 163.3237, a development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

Prior to modifying, revoking or terminating a development agreement, the City Commission shall hold public hearings pursuant to Section 1-3.8, and give notice as required for the adoption of a development agreement (ref. F.S. § 163.3225).

Not later than 14 days after the execution of a development agreement, the City Clerk shall record said agreement with the Clerk of the Circuit Court in Seminole County (ref. F.S. § 163.3239). A development agreement shall not be effective until it is properly recorded in the public records of the county.

(Ord. No. 20-1536, § IV, 8-24-20)

The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall ensure [inure] to, all successors in interest to the parties to the agreement (ref. F.S. § 163.3239).

Such persons as are defined by state law shall have standing to enforce the development agreement (ref. F.S. § 163.3243).

A.

Florida Building Code. The Florida Building Code (FBC), as published by the State of Florida, Department of Community Affairs, and the Standard Unsafe Building Abatement Code (SUBAC), 1992 edition, and Standard Housing Code (SHC), 1994 edition, as published by the Southern Building Code Congress International, Inc., Birmingham, Alabama are hereby adopted by reference.

B.

National Electrical Code. The current edition of the National Electrical Code, as adopted by the State of Florida, is hereby adopted.

C.

Florida Fire Prevention Code. The current edition of the Florida Fire Prevention Code as adopted by the State of Florida, is hereby adopted.

The City shall require, as a condition of development approval, that all applicable federal, state and local laws be satisfied.

(Ord. No. 03-1092, § 2, 8-11-03)

The Administrative Official shall be the Director of the Community Development Department and shall be charged with enforcement of the provisions of this Building Code. The Administrative Official may authorize, in writing, a staff member who is qualified as a building official pursuant to the provisions of F.S. ch. 468, Part XIII, Building Code Administrators and Inspectors to enforce the provisions of this code.

(Ord. No. 03-1092, § 2, 8-11-03)

A.

Building permits required. No building or other structure shall be erected, demolished, moved, added to, or structurally altered without a permit for such activity, issued by the Administrative Official. Where site plan approval is required pursuant to Article XVIII of the Unified Land Development Regulations (ULDR), the approved site plan shall be submitted with the building permit application. No building permit shall be issued except in conformity with the provisions of the land development regulations, as may be provided for herein. No building permit shall be issued until concurrency management program requirements are met pursuant to Article IX of the ULDR. No building permit shall be issued except in conformity with provisions of all applicable building and fire codes.

B.

Application for building permit. All applications for building permits for any structure shall be accompanied by a site plan, unless no site plan is required pursuant to Article XVIII of the ULDR. In such case, the application for a building permit shall include a scaled drawing at one inch to 20 feet, in triplicate, for residential, or five sets for commercial, showing the following information:

1.

The actual dimensions and shape of the lot or lots to be built upon;

2.

The exact sizes and locations on the lots of buildings already existing, if any;

3.

The location and dimensions of the proposed building or alteration;

4.

When applicable, the required parking spaces, loading and unloading spaces, maneuvering space and openings for ingress and egress;

5.

When applicable, grading and drainage plans showing information as required by the City Engineer. Such plans shall be reviewed and approved by the City Engineer or his/her designated representative;

6.

All applications shall contain written documentation from the Administrative Official stating that concurrency management requirements of Article IX of the ULDR have been met; and

7.

Such other information as may be lawfully required by the Administrative Official, including, but not limited to, existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, the land development regulations.

Upon request of the applicant, some or all of these requirements may be waived by the Administrative Official if they are judged to be not applicable by the Administrative Official.

One copy of the plans shall be returned to the applicant by the Administrative Official, after he shall have marked such copy either as approved or disapproved as attested to by his signature on the copy. The original and one copy of the plans, similarly marked, shall be retained by the Building Department.

C.

Conflicts. In the event of a conflict between the applicable minimum building code and the applicable minimum fire safety code, the conflict shall be resolved pursuant to the procedure established in F.S. § 553.73(9).

In the event of a conflict between the applicable minimum building code and a code other than the fire safety code, the conflict shall be resolved by the Administrative Official in favor of the code that provides the most stringent requirements. If the Administrative Official cannot successfully resolve the conflict, then it may be appealed to the City Commission by a directly involved party. The City Commission shall resolve the conflict in favor of whichever code is most stringent. The City Commission's decision shall be final.

D.

Schedule of building permit fees and addressing fees. On all construction work requiring a permit, except publicly funded projects, fees for building permits and related activities shall be established and maintained through a fee schedule for building permit fees and addressing fees, in keeping with Florida Statute § 553.80 and § 166.222. Valuation of construction shall be determined by the contract value of construction. If the Building Official determines that the contract value is underestimated, the Building Official shall have the authority to substitute for the contract value the Building Valuation Data as printed in the most recent publication of the Florida Building Code, as amended from time to time, or a value as determined from a standard construction industry cost estimating guide. The following schedule of fees is provided:

E.

Certificate of occupancy or use required. No land or building or part thereof hereafter erected or altered in its use or structure shall be occupied until the Administrative Official and appropriate City departments shall have issued a certificate of occupancy or a certificate of use stating that such land, building, or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of the land development regulations. Failure to obtain a certificate of occupancy before use shall be deemed a violation of the land development regulations. It shall be the duty of the Administrative Official and appropriate City departments to make a final inspection of the building or premises and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the land development regulations; or if such certificate is refused, to state such refusal in writing together with the cause.

F.

Construction and use to be as provided in applications, permits and certificates of occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Administrative Official and appropriate City departments shall authorize only the use, arrangements, and construction set forth in approved plans and application, and no other use, arrangement or construction shall be allowed unless the same comply with all applicable requirements of the land development regulations as well as all adopted building and fire codes, including advisory standards of the National Fire Protection Association Code. Unauthorized use, arrangement, or construction activity shall be deemed a violation of the land development regulations.

(Ord. No. 03-1092, § 2, 8-11-03; Ord. No. 06-1193, § 1, 5-22-06)

The Florida Building Code provides opportunities for municipalities to adapt portions of the code to meet the community's standards. Those additions and/or revisions are preceded with the initials FBC (Florida Building Code). The following are authorized additions to the Florida Building Code:

FBC SECTION 101
GENERAL

FBC 101.4.13 Words not defined.

FBC 101.4.13.1 Words not defined herein shall have the meaning stated in the Florida Statutes or other nationally recognized codes, or other documents, manuals or standards adopted elsewhere in this Code. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised.

FBC 101.4.13.2 In case of a conflict in definitions or codes, the appropriate definition (or code) to be applied shall be the one applicable to the trade in question. In case of a conflict between different parts of this article; conflicts within the same code; or conflicts between codes; the more stringent requirements shall be applicable.

FBC SECTION 102
BUILDING DIVISION

FBC 102.1 Establishment. There is hereby established a division within the Community Development Department to be called the Building Division and the person in charge shall be known as the Building Official.

FBC 102.2 Employee qualifications.

FBC 102.2.1 Building Official Qualifications. The Building Official shall be licensed as a Building Code Administrator by the State of Florida. The Building Official shall be appointed by the City Manager or as provided in Chapter 62 of the Casselberry Code of Ordinances. The Building Official shall not be removed from office except as provided in Chapter 62 of the Code of Ordinances.

FBC 102.2.3 Employee Qualifications. The Building Official, with the approval of the appointing authority and the Department Director, may hire such number of officers, Inspectors, Plans Examiners, assistants and other employees as shall be authorized from time to time. A person shall not be hired as Inspector or Plans Examiner unless that person meets the qualifications for licensure as an Inspector or Plans Examiner, in the appropriate trade as established by the State of Florida.

FBC 102.3 Restrictions on employees. An officer or employee connected with the division shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system or in the making of plans or of specifications thereof, within the jurisdiction of the department, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his duties or conflict with the interest of the division.

FBC 102.4 Records. The Building Official shall keep, or cause to be kept, a record of the business of the division. The records of the division shall be open to public inspection, unless amended by Florida Law.

FBC 102.5 Liability. Any officer or employee charged with the enforcement of this code, acting for the governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required and permitted in the discharge of his duties. Any suit brought against any officer or employee, because of such act performed by him in the enforcement of any provisions of this code and required and permitted in the discharge of his duties, shall be defended by the City of Casselberry until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health, and welfare of the public.

FBC SECTION 103
POWERS AND DUTIES OF THE
BUILDING OFFICIAL

FBC 103.1 General. The Building Official, hereinafter including his designee, is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code, and shall not have the effect of waiving requirements specifically provided for in this code.

FBC 103.2 Right of entry.

FBC 103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry.

FBC 103.2.2 When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code.

FBC 103.3 Stop work orders. Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being performed contrary to the provisions of this code or the code ordinances of Casselberry or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, or by posting the building, structure or property upon which work is being performed and shall state the reason(s) for stopping work. The Building Official shall not be required to give a written notice prior to stopping the work.

FBC 103.4 Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of this code or the Code of Ordinances of Casselberry.

FBC 103.4.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

FBC 103.4.2 Violation of code provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code or the Code of Ordinances of Casselberry

FBC 103.5 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or unsafe service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code, 1992 Edition, published by the Southern Building Code Congress, International, Inc., or other provisions of the building and property maintenance code of Casselberry. All repairs shall be in performed in accordance with the Florida Building Code.

FBC 103.5.1. Public nuisances. When nuisance conditions or hazards degenerate or cumulatively impact on structures, dwellings, or other buildings regulated by this code, to the extent that repair, removal, securing or demolition is necessary for the public health, safety and welfare, then the Building Official or his/her designee or the Code Enforcement Board is authorized to order the property owner or city agents to repair, remove, secure, vacate or demolish such structures according to procedures outlined in this chapter or in the Standard Unsafe Building Abatement Code, 1992 edition. These powers are hereby declared to be remedial and essential for the public interest, and it is intended that such powers be liberally construed to effectuate the purposes stated herein.

FBC 103.5.2. Vacant buildings. No vacant building may be boarded up for a period of time exceeding 60 days unless granted a waiver by the Building Official. All vacant buildings or buildings permitted to be boarded up shall be maintained. Exterior walls, and all boards used to enclose the building must be neatly fitted within window and door openings and must be painted to blend in with the rest of the building.

FBC 103.5.3. Condemnation Authority. The City shall have the authority and power to condemn and remove or cause to be removed all decayed, unsightly, dangerous and unlawful buildings, ruins, awnings, porches or structures within the corporate limits of the City. The procedures shall be in accordance with the Standard Unsafe Building Abatement Code, 1992 Edition.

FBC 103.5.4. Demolition - Rodent control. In order to control spread of infestation by rodents, the Building Official may require proof that a building proposed to be demolished is free of rodents. Such proof shall be certification by a state certified pest control operator that the building is free of infestation by rodents.

FBC 103.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the Building Official.

FBC SECTION 104
PERMITS

FBC 104.2.1.2 Additional data. The Building Official may require details, computations, stress diagrams, surveys and other data necessary to describe the construction or installation and the basis of calculations.

FBC 104.5.4 Site development and foundation permits. Upon approval of the Building Official and after the issuance of a permit, the certain site development work or foundation work as delineated in the building permit application and plans may be started prior to the final approval and issuance of the general project permit provided any work completed is entirely at risk of the permit applicant, and the work does not proceed past the first required inspection.

FBC 104.5.5 Contractor's Responsibilities. It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted.

FBC 104.5.6 Temporary toilet facilities for workers. Suitable temporary toilet facilities as determined by the Building Official in reliance upon normal industry standards shall be provided and maintained in a sanitary condition for the use of workers during construction. Such facilities shall be regularly cleaned and provided in a well-ventilated location and shall be placed at least 15 feet from the side property line of the lot on which it is located and may not be placed in the public right-of-way.

FBC 104.6.2.1 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the Building Official's approval or the necessary permits shall be subject to a penalty of double the basic permit fee in addition to the required permit fees. This provision does not apply if the Building Official determines that due to emergency work a delay would clearly have placed life or property in imminent danger. The payment of the increased fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.

FBC 104.6.5 Building permit valuations. If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates or a signed contract for services to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The permit valuation may be calculated using the latest Building Valuation Data published by the Southern Building Code Congress International or other applicable model code organization, at the option of the Building Official.

FBC 104.6.6 Refund policy on permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee shall be paid as required at the time of obtaining the permit in accordance with the schedule as established by the City Commission of the City as set forth in its schedule of fees. The amount of refunds for any building permit, including single-family dwellings, shall be determined by deducting the cost of all city services including, but not limited to, plan review fees. After one month has elapsed from the time of a permits issuance, no refunds shall be processed. Request for refunds must be in writing and received within a month of permit issuance to be accepted.

FBC SECTION 105
INSPECTIONS

FBC 105.1 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes.

FBC 105.2 Manufacturers and fabricators. When deemed necessary by the Building Official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. For products not covered under the statewide product evaluation and approval system, the Building Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

FBC 105.3 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 105. The specific required inspections and inspection sequence shall be determined by the Building Official upon application for a building permit. The Building Official may accept reports of Building Department Inspectors, independent inspectors or of recognized inspection services, provided that after investigation he is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this Code shall not be based on such reports unless the same are recorded by the Building Code Inspector, Architect or Engineer performing building code inspections in a manner specified by the Building Official. All persons making such inspections shall be certified in accordance with Chapter 468, Florida Statutes.

FBC 105.14 Final inspections. The licensed contractor and permit holder shall be responsible for obtaining final inspections and a certificate of occupancy/completion for all permits within a timely manner after completion of work. Timely shall mean within 30 days after completion of work and within the time limits established in section 104.5 for residential construction. Failure to obtain such final inspections and certificates of occupancy/completion shall be a violation of this code, and subject to penalties as established in Sec. 1-2.1.B of the City Code.

FBC 105.15 Cleaning of Sidewalks and Streets. The contractor, the owner or his agent, upon completion of a building or construction project, shall immediately remove all walkways, debris and all other obstructions and leave such public property in as good a condition as it was before work was commenced and shall replace all broken curbs, sidewalks or other damaged public utilities or property to the satisfaction of the Public Works Department prior to obtaining a certificate of occupancy/completion or within 14 calendar days from notification if no certificate of occupancy/completion is issued. Failure to correct damaged public property will result in the city taking action to make corrections and all costs incurred will be charged to the property owner and/or contractor, and a lien will be placed against the property for the costs of repairs.

FBC SECTION 106
CERTIFICATES

FBC 106.1.2.1 Timely issuance of C.O. The Certificate of Occupancy or Certificate of Completion shall be issued within 3 working days after all pertinent City of Casselberry Departments have verified that they have approved their final inspections.

FBC 106.3.4 Underground utilities. In order to improve the aesthetic appeal of the city and to reduce hazards from wind storms, all utility lines such as electric, telephone, cable TV and other utilities shall be placed underground in conjunction with new construction, substantial renovation of buildings or when a building is undergoing an electrical service upgrade from a 100 amperage service to a greater amperage service. Substantial renovation shall be renovation and/or additions whose building permit value exceeds 50 percent of the value of the existing improvements on the most current property tax roll. The city recognizes that certain physical elements such as existing buildings, swimming pools, large trees and such may impose unreasonable hardships on the property owner's compliance with the placement of utilities underground. Upon confirmation of these hardships by the utility companies, the Building Official may waive this requirement.

FBC SECTION 107
TESTS

FBC 107.1 Proof of compliance. The Building Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

FBC 107.2 Product approval. For products not covered under the statewide product evaluation and approval system, the Building Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

FBC SECTION 108
SEVERABILITY

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code.

FBC SECTION 109
VIOLATIONS AND PENALTIES

It shall be unlawful for any person to violate this Code, the provisions of the sections adopted in this Code or the lawful orders of any City Inspector or Building Official. Any person, firm, corporation or agent who shall violate a provision of this Code, or fails to comply therewith or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted there under, shall be in violation of this Code. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed or continued. Upon conviction of any such violation such person shall be punished within the limits as provided by law and local ordinance.

FBC SECTION 110
APPEALS PROCEDURE

FBC 110.1 Appeal of Building Official decision. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the Building Official to the Florida Building Commission whenever any one of the following conditions are claimed to exist:

1) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2) The provisions of this code do not apply to this specific case.

3) That an equally good or more desirable form of installation can be employed in any specific case.

4) The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted.

FBC 110.2 Procedures. Every decision shall be promptly filed in writing in the office of the Florida Building Commission and shall be open to public inspection.

FBC 110.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the Building Official. Appeals shall be in a form acceptable to the Building Official.

FBC 110.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may, in his order, limit the time for such appeals to a shorter period.

FBC 110.5 Decisions. If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the Florida Building Commission shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

(Ord. No. 03-1092, § 3, 8-11-03)

The following are authorized revisions to existing text in the Florida Building Code by the City of Casselberry:

BC SECTION 1606
WIND LOADS

FBC Section 1606.1.6 Basic wind speed. The basic wind speed in miles per hour, for the development of wind loads, shall be determined from Figure 1606. Basic wind speed for the special wind regions indicated, near mountainous terrain and near gorges shall be in accordance with local jurisdiction requirements. The exact location of wind speed lines shall be established by local ordinance using recognized physical landmarks such as major roads, canals, rivers and lakeshores, wherever possible. For the purpose of complying with the structural requirements related to wind loads, all buildings and structures shall be designed for a minimum wind load of 110 mph in accordance with Figure 1606. With regard to compliance with criteria relating to protection from wind borne debris, the City of Casselberry is deemed to be located landward of the 110 mph wind contour line in Figure 1606 and therefore, buildings within this city are not required to have openings protected from wind borne debris except for critical facilities which voluntarily provide protection of openings from wind borne debris.

(Ord. No. 03-1092, § 4, 8-11-03)

The following portions of the Standard Unsafe Building Abatement Code (SUBAC), adopted by reference in this article, are included in Article IV of the Unified Land Development Regulations and are modified and amended as follows:

SUBAC CHAPTER 2

SUBAC SECTION 202. DEFINITIONS.

Unsafe Building —Any building or structure that has any of the following conditions, such that the life, health, property or safety of its occupants or the general public are endangered:

1. Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.

2. Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic.

3. The stress in any material, member or portion thereof due to all imposed loads including dead load, exceeds the stresses allowed in the Florida Building Code for new buildings.

4. The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the Florida Building Code for new buildings.

5. Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Florida Building Code for new buildings.

6. If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.

7. The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.

8. The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the standard codes or of a city, county or state law.

9. Any building, structure or portion thereof that is in such a condition as to constitute a public nuisance.

10. Any building, structure or portion thereof that is unsafe, unsanitary or not provided with adequate egress or which constitutes a fire hazard or is otherwise dangerous to human life or which, in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

11. Any building, structure or portion thereof that is declared a public nuisance by the City Manager upon the advice of the Code Enforcement Officer.

(Ord. No. 03-1092, § 5, 8-11-03)

A.

The following criteria are provided to supplement the provisions of the Florida Building Code which permit the Building Official to require that any work which has not been commenced or completed be removed from the building site in the event that a new building permit is not obtained within 180 days after the date when the building permit became null and void. This process shall be supplemental to any other remedy provided by law.

B.

Condemnation and Demolition Process.

1.

Right of entry for inspection.

a.

A Building Official or an authorized designee, may enter any building, structure, or premises to make an inspection or enforce the provisions of Section 1-4.7 subject to federal and state constitutional restrictions on unreasonable searches and seizures and subject to the provisions in this section.

b.

When attempting to enter a building, structure or a premises that is occupied, the Building Official or authorized designee shall first identify himself, display proper credentials and request entry. If the building, structure, or premises are unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge of the building, structure or premises and request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building or structure cannot be located, the Building Official, with the concurrence of the City Manager and Community Development Director, shall have recourse to every remedy provided by law to secure entry, including an inspection warrant.

c.

When the Building Official or authorized designee shall have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building, structure or premises by the Building Official or authorized designee for the purpose of inspection and examination pursuant to this Code. Any person violating this division may be prosecuted within the limits of the law.

2.

Inspections. The Building Official or an authorized designee shall inspect any building, structure, property or portion thereof which may violate Section 1-4.7 due to cessation of work or an expired building permit. After the Building Official or an authorized designee has determined that such structure, property or portion thereof violates Section 1-4.7, the Building Official or an authorized designee shall notify the City Manager, through the Community Development Director, of the Building Official's or an authorized designee's intent to issue a Notice of Violation as provided within this Section.

3.

Notice of Violation. Whenever the Building Official or an authorized designee has determined that such structure, property or portion thereof is a violation of Section 1-4.7, the Building Official or an authorized designee shall prepare a written Notice of Violation and Notice of Pending Administrative Action to the owner of record, and all interested parties as identified by a search of the public records, in and for the county.

a.

Requirements. The Notice of Violation and the Notice of Pending Administrative Action shall contain the following information, including, but not limited to:

1)

The street address and legal description (if available) of the building, structure, or property.

2)

A statement indicating construction on the building or structure has ceased and the building permit has expired for more than 180 days in violation of Section 1-4.7, and a summary of the facts which led to that determination.

3)

If the building or structure is occupied, a statement indicating the time period in which occupants must vacate the building or structure, if applicable.

4)

A statement of the remedial action to be taken, including but not limited to; obtaining a new building permit to complete construction, a date certain for completion of construction with a final approved inspection, or demolition of the building or structure, with or without further notice.

5)

A statement that, after such removal or demolition by or on behalf of the Building Official, the City may approve and record a lien against the owner to recover costs pursuant to the City Code.

6)

Inform the person served with the notice, and any other person having a legal interest in the property that, if the property owner or other interested party wishes to contest in whole or in part the material allegations in the notice, if the property owner or interested party desires to assert that the time period as set forth in the notice poses an undue hardship, if the property owner or other interested party wishes to assert that the true intent and meaning of the code has been misconstrued or misinterpreted, or if the property owner or other interested party desires to make any other argument, the parties have a right to a hearing before the Code Enforcement Board. Any request for a hearing before the Code Enforcement Board must be made in writing within seven days of receipt of Notice of Violation; otherwise the right to a hearing is waived.

b.

Recordation of notice. A Notice of Pending Administrative Action shall be recorded with the Clerk of Court, served upon the property owner and other interested party as indicated below, and containing the name of the property owner, the specific violation of Section 1-4.7 of the City Code and the property address and legal description.

c.

Service of Notice of Violation and Notice of Pending Administrative Action. The Notice of Violation with any and all attachments and the Notice of Pending Administrative Action shall be served upon the property owner by posting a copy of each Notice of Violation and Notice of Pending Administrative Action upon the property in a conspicuous place and where practical by hand delivery or where not practical or impossible by certified mail, return receipt requested, to each interested party of record at the address as it appears in the public records. If the addresses are not available on any interested party, the notices addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. If the notice addressed to the owner of record is returned for any reason, then service shall be affected by posting the notices in accordance with F.S. Ch. 162. The failure of any person, other than the owner of record, to receive notice shall not invalidate proceedings under this section. Service by certified mail shall be effective on the date the notices were received as indicated on the return receipt. Proof of service shall be by written declaration indicating the date, time, and manner in which service was made.

4.

Hearing.

a.

Scope of hearing. A hearing before the Code Enforcement Board shall offer the property owner and other legally interested parties a reasonable opportunity to be heard on any matter or issue which is relevant to the case. The property owner or other interested parties may appear at the hearing in person or through an attorney or other designated representative. Failure of any person to appear at a hearing scheduled in accordance with the City Code shall constitute a waiver of the right to a hearing on the Notice of Violation.

b.

Implementation.

1)

If no hearing is requested as provided in subsection 3.a.(6), the Building Official may take action to remove or demolish the building or structure as directed by the City Manager.

2)

If a hearing is requested and the Code Enforcement Board determines:

A)

That the condition exists as set forth in the Notice of Violation, and that the remedial action required in the notice has not been voluntarily completed by the property owner, or other legally interested party, the Code Enforcement Board shall issue a written order authorizing the Building Official to remove or demolish the building or structure, or cause the removal or demolition of the building or structure.

B)

That the condition, as set forth in the Notice of Violation, does not exist or has been corrected as required by the Notice of Violation, the Notice of Violation shall be dismissed by written order of the Code Enforcement Board.

c.

Appeal of decisions of the Code Enforcement Board. Any property owner aggrieved by a decision of the Code Enforcement Board may apply to the City Commission for relief within ten days after rendition of the written decision and payment of an application fee as determined by Resolution of the City Commission. The appeal before the City Commission shall be a certiorari review, based solely on the record of the hearing before the Code Enforcement Board. The appellant is responsible for providing the City Commission with a verbatim transcript of the hearing. The proceedings before the Code Enforcement Board, including all exhibits, the transcribed testimony of witnesses, and the findings of the Code Enforcement Board shall be the subject of review by the City Commission. The appeal shall be subject to the procedures outlined in subsection D(2) and (3) of Section 1-2.1, except that:

1)

References to the Board of Adjustment shall be to the City Commission; and

2)

Appeals from the City Commission decision shall be to the Circuit Court.

5.

The Building Official may, upon written request of the property owner, grant an extension of time as the Building Official may determine to be reasonable to complete the required remedial action. If the extensions of time, in total, exceed 120 days, the extension must also be approved by the Code Enforcement Board which may act without further public hearing.

6.

Interference. No person shall obstruct or interfere with the implementation of any action required by the final notice of the Building Official or the Code Enforcement Board. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by law.

7.

Performance of work. The demolition of a building or structure, as required in the notice by the Building Official or the final Order by the Code Enforcement Board, shall be performed in an expeditious and workmanlike manner in accordance with the requirements of the City Code, Florida Building Code and all other applicable codes and accepted engineering practice standards.

8.

Recovery of costs and fines.

a.

Costs and fines assessed to owner. Whenever a building or structure is removed or demolished in accordance with the provisions of this Code and the cost of such removal or demolition is borne by the City, such cost shall be assessed to the owner of the affected land or premises and shall become a lien against such land or premises as provided in this Article. The cost of repair or demolition shall include not only the costs directly attributable to the repair or demolition of the building or structure, but shall also include the cost incurred in searching the public records to determine the record owners and legally interested parties, as well as any reasonable attorneys' fees and court costs incurred in the administrative enforcement of this Section and/or any legal proceeding arising from the City's abatement under this Section, whether brought by the City, property owner or any other legally interested party, and where the City is the prevailing party in such actions.

b.

Building Official to certify costs. The Building Official shall certify the costs borne by the City, as described above, and shall serve such cost certification upon the property owner by certified mail return receipt requested. This cost certification is a demand for payment from the property owner.

c.

Right to hearing if cost and charges excessive. Prior to the expiration of 15 days from the property owner's receipt of the Building Official's cost certification, the property owner shall have the right to appeal the Building Official's cost certification and request a hearing before the Code Enforcement Board to show cause, if any, why the costs and charges incurred by the City under this Section are excessive or unwarranted, provided that nothing contained in this Section is to be construed to disturb or permit a review of the order by the Code Enforcement Board issued under subsection 4.b above.

Failure of the property owner to seek an appeal of the Building Official's cost certification, as described in this division, shall constitute a waiver by the property owner, and shall cause the cost certification to be final.

d.

Lien created. If the owner fails to make payment within 15 days from the expiration of the appeal period, or from the date of any Order entered by the City Code Enforcement Board under subsection (c) above, the amount of the certified costs shall be assessed by the Building Official or by the Order of the Code Enforcement Board against the affected land and such assessment shall create and constitute a lien against such land, payable to the City. Said assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the assessment and shall be collectible in the same manner as liens for taxes and with the same attorneys' fees, penalties for default in payment, and under the same provisions as to sale and forfeiture. Collection of such assessments, with such interest and with a reasonable attorney's fee, may also be made by the City Commission by proceedings in a court of competent jurisdiction to foreclose the lien of the assessment in the manner in which a lien for mortgages is foreclosed under the laws of the State and it shall be lawful to join in any complaint for foreclosure any one or more lots or parcels of land, by whomever owned, if assessed under the provisions of this Section. Property subject to the lien may be redeemed at any time prior to sale by its owner by paying the total amount due under the corresponding assessment lien including interest, court costs, advertising costs and reasonable attorney's fees.

9.

Authority to expend funds. Nothing contained herein shall require the City Commission to appropriate or expend any funds to carry out the purpose of this Section. The authority granted herein is permissive and shall not be construed to impose an obligation on the Building Official or the City to condemn or demolish any building or structure.

10.

Provisions supplemental and in addition to other powers. The provisions of this Section shall not be deemed to repeal or modify any City ordinance, provision of the City Code, Florida Building Code or Florida Fire Prevention Code relating to condemnation, demolition of buildings and structures, or abatement of unsafe conditions or imminent hazards but the provisions herein shall be supplemental and in addition to the powers that may be exercised by the City Commission, its officers and employees.

(Ord. No. 11-1352, § 1, 7-11-11)