(a)

Designation. The city manager shall designate a person to enforce and administer the provisions of this zoning chapter. Such designated person shall be known as the community development director.

(b)

Notice, abatement of violation. Upon receipt of information and upon verification by the community development director that any of the provisions of this chapter are being violated, the community development director shall notify in writing the persons responsible for such violation indicating the provisions or regulations being violated, and shall order the necessary steps to abate such violation. The community development director shall have the power to order the discontinuance of the use of any land, water, or building, the removal of any building.

(c)

Remedies. In addition to other remedies, the community development director, through the city attorney, may institute any appropriate action or procedure to bring about compliance with any of the provisions of this chapter.

(Code 1982, § 24-26(a), (c), (d); Code 1999, § 110-31; Ord. No. 94-01, pt. 1(24-26(a), (c), (d)), 12-19-1994)

A concurrency reservation shall be obtained in accordance with chapter 90, concurrency management, prior to the approval of a development order, a rezoning, site plan approval, plat approval, subdivision approval or issuance of a building permit.

(Code 1999, § 110-32; Ord. No. 94-01, pt. 1(24-26(e)), 12-19-1994)

No building shall be constructed, reconstructed, altered or extended, until a building permit has been issued indicating that such use is in compliance with the provisions and regulations of this Code.

(Code 1982, § 24-26(e); Code 1999, § 110-33; Ord. No. 94-01, pt. 1(24-26(f)), 12-19-1994)

There shall be no excavation, cut, or fill of earth or debris which will alter, hinder or negatively affect the physical character of the area. No curb shall be cut or access opened into a public street, no signs shall be erected, and no building shall be moved until a permit has been obtained in accordance with the provisions of this chapter.

(Code 1982, § 24-26(f); Code 1999, § 110-34; Ord. No. 94-01, pt. 1(24-26(g)), 12-19-1994)

No land, water, building or any part thereof, shall be used and no existing use of land, water or building shall be changed until a certificate of occupancy is issued stating that such use of land, water or building, or any part thereof, is found to be in conformity with the provisions of this chapter. A certificate of occupancy shall also be required for any change of use, or for any alteration or modification of any building or structure. Any change of occupancy of business uses, professional uses, personal services and retail sales and services shall require a certificate of occupancy.

(Code 1982, § 24-26(g); Code 1999, § 110-35; Ord. No. 94-01, pt. 1(24-26(h)), 12-19-1994)

(a)

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or any approval of, any violation of the provisions of this chapter.

(b)

The issuance of a permit upon plans and specifications shall not prevent the community development director from thereafter requiring the correction of errors in such plans and specifications, or preventing building operations being carried on thereunder when in violation of this chapter or any other ordinance of the city.

(Code 1982, § 24-25; Code 1999, § 110-36)

Upon its own initiative, or upon the petition of an owner of property or the owners of a majority of frontage in any area, the city commission may, after having held a public hearing, following at least seven days' notice of a time, place an object of such public hearing published in a paper of general circulation in the city, amend, supplement, change, modify, vary or repeal the regulations, restrictions and boundaries herein established; or appeal the decision of the community development director or other administrative official regarding a zoning matter; provided, however, the enactment of an ordinance which rezones private real property shall be enacted pursuant to the procedures set forth in F.S. § 166.041. Every such proposed variance, change, appeal or amendment shall be submitted to the planning board for review and report thereon to the city commission prior to public hearing; however, nothing in this section shall preclude the owner of a lot platted prior to November 8, 1976, from petitioning the city commission for a waiver of certain zoning requirements in accordance with conditions set forth in article IV of this chapter.

(Code 1982, § 24-24(a); Code 1999, § 110-56; Ord. No. 251, § 1, 7-21-1975; Ord. No. 76-9, § 2, 1-10-1977; Ord. No. 86-4, §§ 1, 2, 7-29-1986; Ord. No. 94-01, pt. 1(24-24(a)), 12-19-1994)

In the case of a proposed variance or special exception, notice by mail shall be sent to all persons owning lands which shall be subject or affected by the proposed variance or special exception or within 200 feet, such notice to be mailed at least seven days prior to the pertinent public hearing, to the last known address of such owners as the same shall appear on the current ad valorem tax roll.

(Code 1982, § 24-24(b); Code 1999, § 110-57; Ord. No. 251, § 1, 7-21-1975; Ord. No. 76-9, § 2, 1-10-1977; Ord. No. 86-4, §§ 1, 2, 7-29-1986; Ord. No. 94-01, pt. 1(24-24(b)), 12-19-1994)

In the case of proposed rezoning, in addition to notice being sent to each real property owner whose land will be rezoned as required by F.S. § 166.041, notice by mail shall also be sent to all persons within 200 feet of the land proposed for rezoning, such notice to be mailed at least 30 days prior to the date set for the public hearing, to the last known address of such owners as the same shall appear on the current ad valorem tax roll.

(Code 1982, § 24-24(c); Code 1999, § 110-58; Ord. No. 251, § 1, 7-21-1975; Ord. No. 76-9, § 2, 1-10-1977; Ord. No. 86-4, §§ 1, 2, 7-29-1986; Ord. No. 94-01, pt. 1(24-24(c)), 12-19-1994)

State Law reference— Rezoning, notice required, F.S. § 166.041(3)(c).

There is hereby affixed a charge, established by resolution and located in appendix A to this Code, to particularly cover the cost of sending out notices and other incidental expenses connected with the investigation of the facts involved in any petition to vary, change or amend the regulations, restrictions or boundaries herein established, which amount shall be paid to the city.

(Code 1982, § 24-24(d); Code 1999, § 110-59; Ord. No. 251, § 1, 7-21-1975; Ord. No. 76-9, § 2, 1-10-1977; Ord. No. 86-4, §§ 1, 2, 7-29-1986; Ord. No. 94-01, pt. 1(24-24(d)), 12-19-1994)

The city commission may grant such variance from the terms of this chapter as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the commission must find:

(1)

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

(2)

That the special conditions and circumstances do not result from the actions of the owner of the affected property;

(3)

That granting the variance requested will not confer on the owner of the affected property any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district;

(4)

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

(5)

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

(6)

That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Code 1982, § 24-24(e); Code 1999, § 110-60; Ord. No. 251, § 1, 7-21-1975; Ord. No. 76-9, § 2, 1-10-1977; Ord. No. 86-4, §§ 1, 2, 7-29-1986)

The city commission may, as a special exception, authorize the use of lands, buildings or structures in a manner that is not otherwise permitted or appropriate generally within a zoning district, so long as that specially excepted use is controlled as to number, area, location and relation to the neighborhood such that it will not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals and the general welfare of the community. In granting any such special exception, the city commission must find that such grant will not adversely affect the public interest. In addition, the city commission may prescribe appropriate conditions and safeguards and may also prescribe a reasonable time limit within which the action for which the special exception is requested shall be begun or completed, or both, as it may deem necessary to protect the public interests. Violation of such conditions, safeguards and time limitations, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Code and may result in authorization for a specially excepted use to be withdrawn.

(Code 1982, § 24-24(f); Code 1999, § 110-61; Ord. No. 251, § 1, 7-21-1975; Ord. No. 76-9, § 2, 1-10-1977; Ord. No. 86-4, §§ 1, 2, 7-29-1986)

(a)

Definitions.

Certified recovery residence means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator.

Certified recovery residence administrator means a recovery resident administrator who holds a valid certificate of compliance.

Counseling means the process, conducted in a facility licensed under F.S. ch. 397 of engaging a client in a discussion of issues associated with the client's substance abuse and associated problems in an effort to work toward a constructive resolution of those problems and ultimately toward recovery.

Disabled individual or disabled person means an individual meeting the definition of "disability" set forth in 42 U.S.C.S. § 12102 of the Americans with Disabilities Act (ADA) [and] means someone:

(1)

Having a physical or mental impairment which substantially limits one or more major life activities;

(2)

Having a record of having such impairment; and

(3)

Who is regarded as having such an impairment.

Housing provider means a person or entity which has been certified as a recovery residence, or which is in the process of obtaining certification as a recovery residence.

Licensed service provider means a public agency under F.S. ch. 397, a private for-profit or non-for-profit agency under F.S. ch. 397, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components.

Qualifying entity means a licensed service provider in the state as defined by F.S. § 397.311(18), or an entity who is in the business of providing recovery residences for individuals disabled due to substance abuse.

Recovery means a process of personal change through which individuals achieve abstinence from alcohol or drug abuse and improve health, wellness, and quality of life.

Recovery residence means a residential dwelling unit, or other form of group housing that is offered or advertised through any means including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug free living environment.

Recovery residence administrator means the person responsible for the overall management of the recovery residence, including, but not limited to, the supervision of residents and staff employed by or volunteering for, the residence.

Service component or component means a discrete operational entity within a service provider which is subject to licensing as defined by the rules adopted to implement F.S. ch. 397.

Substance abuse means the misuse of or dependence on alcohol, illicit drugs, or prescription medications.

Treatment means specific clinical and services such as individual and group counseling.

(b)

Application. This section implements the policy of the city for processing reasonable accommodation applications for persons with disabilities and who are in recovery from substance abuse. Any applicant, whether a disabled individual or a qualifying entity, may apply for a reasonable accommodation with respect to the city's land use or applicable zoning laws, codes, rules, practices and/or procedures by submitting an application for a reasonable accommodation pursuant this section.

(1)

All qualifying entities shall submit, as part of an application for a reasonable accommodation, proof of the licensable service component the qualifying entity holds pursuant to F.S. ch. 397.

(2)

Housing providers for disabled individuals shall submit such information as the city may deem sufficient to demonstrate that the entity is a certified recovery residence or is in the process of becoming certified to operate a recovery residence for disabled individuals.

(3)

Applicants making applications to operate a recovery residence shall identify the recovery residence administrator who is responsible for the overall management and the supervision of residents and any staff. Applicant shall submit such information as is necessary to document that the recovery residence administrator is certified or has applied for certification as a recovery residence administrator.

(4)

An applicant for a reasonable accommodation under this section shall submit an application using a form which is available in the city's community development department ("department"). The information on the form must be complete as the information solicited is necessary for the city to process the reasonable accommodation application.

(5)

The city shall display a notice in the city's public notice bulletin board (and shall maintain copies available for review in the department, the building/permitting division, and the city clerk's office), advising the public that an application for a reasonable accommodation as provided in this section has been submitted to the department.

(6)

A disabled individual or qualifying entity or housing provider who has applied for a reasonable accommodation may be represented at all stages of the reasonable accommodation proceedings by a person designated by the disabled individual as their authorized agent. Any authorized agent representing an individual, or, if applicable, a qualifying entity or housing provider, shall submit a written authorization designating the individual as the agent authorized to legally bind the applicant to the representations in the application, or any conditions agreed to or imposed as part of the order of the special magistrate.

(7)

No application fee shall be imposed by the department in connection with an application for a reasonable accommodation.

(c)

An individual, qualifying entity, or housing provider who is the tenant of a property owner shall submit the leases or lease between the property owner and the tenant or tenants requesting a reasonable accommodation. It shall be the joint and several responsibility of the property owner or tenant to submit any leases or subleases pertaining to the residence which is the subject of a reasonable accommodation application for a recovery residence.

(d)

Applicants for a reasonable accommodation shall have the burden of establishing that the individuals on whose behalf the application has been submitted are protected under the provisions of the FHA and/or ADA. The applicant shall also demonstrate that the accommodation being sought for all of the individuals who will occupy the recovery residence are reasonable and necessary.

(e)

All applications for a reasonable accommodation shall be considered by the city's special magistrate. The city shall be responsible for mailing via certified mail a notice containing the date and time of the special magistrate's hearing to consider the application. The special magistrate may:

(1)

Grant the reasonable accommodation application as requested in the application;

(2)

Grant a portion of the application determined by the special magistrate to be a reasonable accommodation given the circumstances and the nature of the request;

(3)

Grant the application with conditions to effectuate a reasonable accommodation; or

(4)

Deny the reasonable accommodation requested.

All decisions of the special magistrate shall be in writing. The written decision of the special magistrate shall constitute a final order and shall be sent to the applicant by certified mail, return receipt requested, at the address specified by the applicant on the application form.

(Ord. No. 2017-01, § 2, 3-20-2017)