Applications required under this article must be submitted in a form and in such numbers as specified below. Application forms and checklists of required submittal information are available from the department of community development.

(1)

Pre-application conference. A pre-application conference may be required, at the discretion of the department director or granted at the request of the applicant. Applicants are encouraged to schedule and attend a pre-application meeting with the appropriate community development department staff prior to submitting an application for review under this article. The purpose of a pre-application conference is to inform the applicant of review procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the development proposal. Staff opinions presented during a pre-application meeting are informational only and do not represent a commitment on behalf of the town regarding the acceptability of the development proposal.

(2)

Application filing fee. Applications must be accompanied by the fee that has been established by the town council. Fees are not required with applications initiated by the town council or an advisory board of the town. Unless otherwise expressly stated in this article, application fees are nonrefundable.

(3)

Application completeness and accuracy. An application will be considered complete by the department if it is submitted in the required number and form, includes all mandatory information, is accompanied by the applicable fee, and all information material to the application is accurate. This provision does not preclude the identification and correction of information submitted by the applicant after an application is accepted.

(4)

Acceptance for processing. Determination of application completeness shall be made by the department within 30 business days of a complete application filing. If an application is determined to be incomplete, the department shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected. The deficiencies must be addressed by the applicant in writing within 30 business days of the date of the deficiency notice provided by the town. If all of the deficiencies are not resolved, the application shall be considered withdrawn. The director shall provide in writing to the applicant that the application is either complete or withdrawn.

(5)

Burden of proof or persuasion. In all cases, the applicant shall have the burden of establishing that an application complies with applicable approval criteria. An application shall not create any nonconforming circumstances.

(6)

Zoning workshop. A zoning workshop shall be held no fewer than 30 calendar days prior to the first town council meeting at which the application will be heard. A zoning workshop shall be required for site plan applications and site plan amendments which seek to develop additional square footage and any that require town council approval.

(7)

Official review. In conducting required reviews, the department shall be authorized to distribute the application and other submittals to other departments and agencies for the purpose of soliciting comments and ensuring that the proposal complies with all applicable standards and requirements.

(8)

Development order modification. After a final development order has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification to the development order. A written record of the modification shall be made a part of the original final development order and maintained in the files of the town.

(9)

Cost recovery. To the extent that any application for review by the town under the Town's Land Development Regulations or, except as otherwise specified below, other Town Code provisions which require review by town staff, town contractors, agents or consultants, the actual full costs for such review shall be passed on to the applicant. Costs for the town attorney, town staff and/or any outside contractors, agents or consultants of the town shall be charged to the applicant in an amount equal to the actual cost charged to the town. Fees charged to process building permits and other development applications on behalf of the town shall not be affected by this section.

a.

Initial deposit. The applicant shall, at the time a submittal is made, provide an initial preliminary deposit which shall be credited toward the fee charged for application review and processing, and shall pay additional deposits as may be required from time to time.

b.

Amount deposit. The amount of the initial deposit for the different types of review requests shall be established, and from time to time amended, by resolution of the town. It is the express intent of the town in enacting this cost recovery program that the town's costs of administrative and outside fee consultant review and processing of review requests, as required or necessitated now or in the future by the town's ordinances, resolutions, policies, or procedures, shall be borne by the applicant.

c.

Project accounts. When the applicant pays the initial deposit, a financial account for said applicant's review request (the "project account") will be opened and maintained throughout the entire review process until the person receives a certificate of occupancy, the community development department determines that no further action is necessary for the review and processing of the review request, or the applicant voluntarily withdraws. At any of these times the project account will be closed and any remaining funds therein shall be refunded to the applicant depositing same no later than two months after the project account's closing date. The project account will be monitored on a periodic basis. Whenever the account balance is zero or negative, a supplemental deposit will be required before any further review or processing continues. Additionally, no project shall be scheduled for town council review unless there are funds in the account. The applicant making the initial deposit will be notified when a supplemental deposit will be required. The amount of the supplemental deposit will be 50 percent of the initial deposit. Several supplemental deposits may be necessary depending on the complexity of the review request.

d

Records of administrative work performed. The staff of the various departments of the town and the town's outside consultants who are involved in the review and processing of review requests shall maintain records of the time expended and tasks conducted regarding each such request. A debit based upon the time expended and the applicable hourly rate shall be charged against the project account. The applicable hourly rate for review and processing by the town's outside fee consultants shall equal their actual hourly charge for such review and processing. A debit against the project account shall also be made which shall reflect the costs of administering this program, which charge shall be based upon the actual effort involved for such administration.

e.

Traffic and parking analysis. If required by the provisions of this chapter, the town staff, town contractors, agents or consultants shall prepare the necessary traffic or parking analysis relating to a development application. The applicant shall pay the full cost for the preparation of the analysis and shall provide a cost recovery deposit as required by this section.

(10)

Commencement of development.

a.

Site improvements shall be developed prior to or concurrently with the commencement of construction. Such improvements include, but are not limited to, road and drainage improvements, excavation, grading and leveling, installation of utilities, and other infrastructure.

b.

A site plan shall be valid only if a building permit for a principal building has been issued within one year of the administrative or town council approval of said site plan, whichever is applicable. For good cause shown, an applicant may apply for an extension of time prior to the expiration of the 12-month period. Such extension of time shall be granted administratively and shall not exceed a total of 18 months with a maximum of two extensions. This means that the timeframe for each extension will be nine months.

c.

If development is permitted in phases, a phasing plan shall be required and subsequent phases shall commence within 12 months after the completion of the previous phase.

d.

If subsequent phases are not commenced within the 12-month period, the approval shall be null and void and re-application to the town shall be required for the remaining phases. Phases may be developed out of sequence if good cause is shown and prior approval by the department is granted, and determined not be to the detriment of the preceding phase(s).

(11)

Advertising and notice requirements.

a.

General. Upon determination of a complete application, the town shall fix a date, time, and place for a public hearing(s) and require the applicant to publish public notice of such hearing(s). Each notice shall include the following:

1.

An adequate description of the property;

2.

The intent and purpose for the application; and

3.

Where additional information on the matter may be obtained.

The applicant shall provide proof of advertised public notice to the town clerk at least five days prior to the public meeting.

b.

Advertising requirements. The applicant shall advertise in accordance with the provisions set forth below:

c.

Posted notice. A sign shall be prepared and posted on the subject property by the applicant setting forth a notice of public hearing at least five business days before the town council meeting in which the item is scheduled to be heard. This notice shall remain posted on the subject property through the date of the public hearing and shall be removed within ten business days following the town council's approval or denial of the application, or upon the application's withdrawal.

d.

Courtesy mailed notice. The applicant shall mail property owners of record within a 1,000-foot radius of the subject property scheduled for a zoning workshop and public hearing before the town council a courtesy notice. The failure to mail or receive such courtesy notice shall not affect any action or proceedings taken by the town council.

e.

Advertising and notice costs. Unless specifically directed by the town council, advertisements shall be published in the least expensive publication that is legally sufficient and, when applicable, multiple applications shall be combined into one advertisement. All costs of required advertising, noticing, and posting shall be borne by the applicant.

(12)

Withdrawal of development applications and refund of fees. An application for development review may be withdrawn at any time. For applications filed in accordance with this chapter and subsequently withdrawn, the applicant may request a fee refund. The refund request must be made on a form provided by the town. The amount of the refund shall be the funds remaining in the project account after all charges have been paid.

(13)

Appeal.

a.

Administrative appeal. Any person aggrieved by an action of the community development department in granting, denying or revoking an administrative decision may appeal the decision to the town council within 30 days of the decision. Such appeal shall be filed on a form provided by the department, and shall include the applicable fee. For an administrative variance, the person aggrieved may appeal the decision to the town council within 30 days from the date of public notice of the decision. Such appeal shall be filed on a form provided by the department, and shall include the applicable fee.

b.

Revocation of a temporary use permit appeal. In the case of an appeal from the revocation of a temporary use permit, the aggrieved party may first request a meeting with the department. Within five business days of the meeting, the department shall inform the aggrieved person, in writing, of the decision to affirm, modify, or rescind revocation of the permit.

c.

Appeal of town council decision. Any person aggrieved by a decision of the town council may appeal said decision to a court of competent jurisdiction.

d.

Withdrawal of appeal. An appeal to the town council may be withdrawn by the applicant at any time prior to the deadline of cancellation of the newspaper advertisement for the public hearing on the application; after this deadline, an appeal may be withdrawn only with the permission of the town council.

(14)

Request for waivers/modifications of submittal requirements. Any submittal requirements may be waived by the community development department director. The applicant must clearly indicate, by section and paragraph in the application and in a letter attached to the application, which waiver or modification is requested. To grant a waiver or modification, the department must determine that a requirement is not necessary for the full and adequate consideration of the application. The department shall set forth in writing the reasons for such determination.

(15)

Re-application. If a development application is denied by the town council on its merits, no application substantially requesting the same relief with respect to all or part of the same property shall be considered by the town within 12 months after the date of such denial. This re-application requirement may be waived by a majority vote of the town council. The community development department director shall determine whether the re-application is substantially requesting the same relief.

(Ord. No. 12-03, § 2(3-30), 6-20-2012; Ord. No. 16-01, § 2(3-30), 2-17-2016; Ord. No. 19-03, § 2, 3-20-2019; Ord. No. 20-04, § 2(Exh. A), 6-17-2020; Ord. No. 24-03, § 2(Exh. A), 5-15-2024)

Any person or persons claiming to be aggrieved on account of any ruling by the community development department director charged with enforcing the land development regulations may appeal to the town council.

(1)

Application filing. The filing of a complete application for appeal from the director's ruling shall stay all proceedings and all work on the premises involved, unless such stay shall be deemed to imperil life or property. In such cases, proceedings or work shall not be stayed except by an order granted by the town council or by a court of competent jurisdiction if the same shall have been refused by the town council.

(2)

Record of administrative decision. Upon acceptance of a complete application, the director shall transmit to the town council all papers or other records upon which the action or decision appealed was taken.

(3)

Public hearing by the town council. The town council shall hold a public hearing and may reverse or affirm, wholly or partly, or may modify the director's decision regarding the application.

(4)

Approval criteria. An appeal shall be sustained only if the town council finds that the director erred. The decision of the town council shall be by resolution. The director shall serve a copy of the decision on the applicant and upon each other person who was a party of record at the hearing.

(Ord. No. 12-03, § 2(3-31), 6-20-2012)

It is the intent of the zoning workshop process to provide an open forum for members of the public and town council to comment on proposed site plans that required a public hearing within the town. The zoning workshop shall not be considered part of the quasi-judicial hearing. Each application shall be evaluated based upon the record presented at the town council hearing(s) on the application.

(1)

Meeting procedure. A zoning workshop shall consist of two sessions.

a.

First session. The first session shall provide a forum for members of the public to learn about proposed developments within the town. Developments may be presented to the public simultaneously, in several locations within the meeting site. During this session, members of the public are encouraged to ask questions and to provide feedback to the applicant about the proposed development. In addition, representatives of the applicant shall be available to answer questions that members of the public may have about the proposed development. The members of the town council may be present during the first session of the zoning workshop but may not participate in the discussion.

b.

Second session. The second session shall provide a forum for the town council to learn about the proposed developments discussed at the first session of the zoning workshop. No quorum requirement shall apply. Developments shall be presented by the applicants sequentially, one at a time, for the town council's review and comment. In addition, the applicant shall be available to answer any questions that members of the town council may have about the proposed development.

(2)

Meeting submissions. The applicant shall bring a color rendering of the building(s) and a board depicting the elevations of all sides of the building(s) along with a site plan and any other visual materials the applicant finds as expressive of their project to the workshop. These items must be set upon easel(s) in the meeting room by the applicant at least 15 minutes prior to the workshop.

(Ord. No. 12-03, § 2(3-32), 6-20-2012)

Applications for site plan review shall require the submission of a site plan package in accordance with the provisions of this article. Site plan approval by the town council, after a public hearing, shall be required for all development within the town. Notwithstanding the above, development within the town center district and the construction of one single-family residence shall be subject to administrative site plan review and approval, unless a variance from the requirements of this Code is required, in which case approval shall be by the town council. No certificate(s) of occupancy shall be issued for any building or buildings unless all facilities included in the approved site plan have been provided. The director may, if in his opinion it is deemed necessary, retain consultants to assist in the review of an application for site plan approval.

(1)

Procedure. An application for site plan review shall be made to the director prior to an application for a building permit and will only be accepted if all other ordinances and provisions of the town have been complied with. Except as may otherwise be required by law or administrative procedures, all required county, regional, state, or federal agency approvals shall be obtained prior to site plan approval.

(2)

Approval criteria. The town council shall use the following criteria in making their decision regarding approval or disapproval of a site plan application:

a.

The development permitted by the application, if granted, conforms to the growth management plan, is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered.

b.

The development permitted by the application, if granted, will have a favorable impact on the environmental and natural resources of the town, including consideration of the means and estimated cost necessary to minimize the adverse impacts, the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment, and whether any irreversible or irretrievable commitment of natural resources will occur as a result of the proposed development. In addition, the development shall demonstrate compliance with a minimum of three LEED "Neighborhood Green Standards" or similar criteria.

c.

The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the town.

d.

The development permitted by the application, if granted, will efficiently use or not unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction.

e.

The development permitted by the application, if granted, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.

(3)

Plan submission and review. Any application for site plan approval shall include the following information:

a.

The location and size of the site, including its legal description and a current certified survey (less than six months old).

b.

The recorded ownership interests, including liens and encumbrances and the nature of the developer's interest if the developer is not the owner.

c.

The relationship of the site to existing development in the area, including streets, utilities, residential and commercial development, and physical features of the land, including pertinent ecological structures within 100 feet.

d.

The density or intensity of land use to be allocated, all parts of the site to be developed, together with tabulations by acreage and percentage thereof.

e.

The location, size, and character of any common open space and the form of organization proposed to own and maintain any common open space.

f.

The use and the number of stories, height, bulk, and location of all buildings and other structures.

g.

The requirements as set forth in this chapter and other chapters, including the necessary documentation for providing required improvements such as streets, water supply, storm drainage, parking, landscaping, and sewage collection, as well as the provisions for all other appropriate public and private services such as police or security protection, fire protection, and refuse collection.

h.

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities.

i.

In the case of plans which call for development over a period of years, a phasing schedule showing the approximate times within which applications for building permits are intended to be filed.

j.

Any additional data, plans, or specifications which the applicant believes is pertinent and will assist in clarifying his application.

k.

A demonstration that the proposed development does not degrade adopted levels of service in the town.

l.

Architectural elevations for buildings in the development; exact number of dwelling units, sizes and types.

m.

Plans for signs, if any.

n.

Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and maintenance.

o.

Color renderings and elevations.

p.

Photometrics.

q.

Additional data, maps, plans, surveys or statements as may be required for the particular use or activity involved.

(4)

Development agency review.

a.

Upon acceptance of a site plan application, the director shall forward a copy of the application and accompanying material to each of the following disciplines for review, as applicable. The applicant shall obtain applicable county and state approval prior to scheduling of public hearing.

1.

Engineering.

2.

Traffic.

3.

Public works.

4.

Utilities, as may be deemed necessary.

5.

Landscaping.

6.

Survey.

7.

Solid waste.

8.

Any other agency, as deemed applicable by the director.

b.

If requested by the director, each reviewing discipline shall prepare a staff report with written comments and shall forward such staff report to the director. The director shall make a written finding that the site plan has or has not met the standards of this code.

(Ord. No. 12-03, § 2(3-33), 6-20-2012; Ord. No. 18-03, § 3, 9-26-2018; Ord. No. 20-06, § 2(Exh. A), 7-15-2020)

The director is authorized to consider and approve minor modifications to previously approved site plans which do not exceed the thresholds established thissection . A letter of intent shall be submitted as part of the minor modification application. A minor site plan modification does not require town council action or hearing. A minor modification must demonstrate the following, as applicable:

(1)

The number of buildings, number of stories, height, and number of units is the same or fewer.

(2)

Lot coverage and/or floor area ratio have not increased or decreased by more than five percent.

(3)

The number of bedrooms and corresponding parking spaces may increase or decrease by as much as five percent, provided the plan complies with all other requirements of this section and of this chapter.

(4)

Density or intensity (floor area ratio) may be transferred from one stage of development to another, provided that the total floor area ratio is not changed and the floor area ratio for each stage is not increased or decreased by more than five percent.

(5)

Roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans.

(6)

Parking is in the same general location and configuration.

(7)

The building setbacks are the same or greater distance from perimeter property lines or remain within the parameter of setback requirements listed in the table of standards of the underlying zoning district.

(8)

The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect.

(9)

The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved.

(10)

Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans.

(11)

Recreational facilities, if shown on plans approved by a prior action, either remain the same or are converted from one recreational use to another. If recreational facilities were not shown in the approved plans, they may be added, provided there is no net increase in lot coverage or net decrease in required non-recreational open space and such facilities are located internally within the proposed development.

(12)

The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the land development regulations that were not previously approved at public hearing, or of expanding the scope of existing variances, or other approvals such that they would differ to a greater degree from the strict application of the land development regulations.

(13)

Additional out parcels may be added where there is no net increase in the project's total floor area ratio or lot coverage, there is no net reduction in the total amount of landscaped open space, and addition of the out parcel does not result in noncompliance with any other provision of this chapter on any other portion of the subject property.

(14)

Reductions in the number of parking spaces on the site are permitted if sufficient parking spaces are provided to satisfy the requirements of this code. An approved parking management plan is required for the town to consider reduction in the number of parking spaces.

(15)

May not be contrary or modify a condition of approval or any previously approved amendment.

(16)

The proposed changes do not result in an increase in stormwater runoff.

(Ord. No. 12-03, § 2(3-34), 6-20-2012; Ord. No. 19-03, § 3, 3-20-2019)

Any person desiring to establish a temporary use, as further described in article XI of this chapter, shall submit an application for a temporary use to the community development department on an application provided by the town. The applicant must submit proof of ownership of the property or present evidence to show approval of the property owner for the use requested.

(1)

Issuance or denial of permit. If the community development department finds that the application complies with the standards set forth in this code and other applicable provisions of law, the department shall issue a temporary use permit, setting forth the duration of the permit and such conditions as will protect the health, safety, and welfare of the public and nearby property owners. Otherwise, the department shall deny the application.

(2)

Termination. At the end of the time period for which the temporary use was permitted, including any renewal or extension periods, the use shall be discontinued, and all temporary structures and signs shall be removed within five business days.

(3)

Renewals, extensions. Requests for the renewal or extension of a temporary use permit shall be made to the department. The procedure for the renewal of a temporary use permit shall be the same as specified in this article for the approval of the original temporary use permit.

(4)

Revocation of permit. The department may revoke a temporary use permit at any time upon the failure of the owner or operator to observe all requirements of the permit, this article, and other relevant provisions of law, including failure to obtain appropriate business licenses. Notice of such revocation shall be given in writing by the director to the owner or operator of the use, by hand-delivery or certified mail, setting forth the reasons for the revocation, the date and time upon which the revocation is effective, and the appeals procedure. This provision shall not preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this chapter.

(Ord. No. 12-03, § 2(3-35), 6-20-2012)

Owners of lands or structures may apply to the town council for a variance from the requirements or restrictions of the land development regulations, except that no variance for use or density issues shall be considered. Variances shall be submitted in writing through the department, stating the specific variance(s) requested. Each variance of a code requirement necessitates a separate variance application and process. The town council, after a public hearing, may approve, approve with conditions or deny the application.

(1)

Application. An application for a variance shall include a written statement by the applicant with supporting explanation and evidence regarding the following requirements:

a.

The particular provision of the code which prevents the proposed construction on, or use of, the property.

b.

The existing zoning of the property, including any previously approved conditions or modifications.

c.

The special circumstances, conditions or characteristics of the land, building or structure that prevent the use of the land in compliance with the terms of this code.

d.

The particular hardship that would result if the specified provisions of the code were to be applied to the subject property.

e.

The extent to which it would be necessary to vary the provisions of this code in order to permit the proposed construction on, or use of, the property.

f.

A disclosure statement by the parties with at least five percent interest in the project shall be signed by the applicant and notarized.

(2)

Approval standards. The applicant shall have the burden of proof and provide a written statement describing the manner and degree of compliance with the following standards:

a.

The variance will result in conditions that maintain and are consistent in all material respects with the intent and purpose of these regulations, and that the general welfare, stability and appearance of the community will be protected and maintained.

b.

The variance will be compatible with the surrounding land uses, and otherwise consistent with these regulations and the comprehensive plan, and will not be detrimental to the community.

c.

The request for a variance is not based on an economic disadvantage to the owner or occupant of the property upon which the variance is sought.

(Ord. No. 12-03, § 2(3-36), 6-20-2012)

The purpose of this section is to provide a procedure by administrative decision for certain residential property to obtain minor administrative variances to the setback, lot coverage and building spacing requirements specified in the underlying zoning district regulations. This section shall only apply to owners in single-family, duplex and townhouse residences and accessory residential uses.

(1)

Administrative adjustment limitations and exclusions.

a.

Administrative adjustment approvals shall be limited to those lots within an area where at least 75 percent of the lots within approximately 300 feet have already been developed or platted.

b.

A setback shall not be adjusted below 25 percent of that required by the underlying district regulations.

c.

Lot coverage for a principal and/or accessory structure shall not be increased by more than ten percent of that required by the underlying district regulations.

d.

Spacing between structures on the same lot may be reduced; provided, however, in no event shall such spacing be less than five feet.

e.

Unless specifically permitted by the underlying zoning regulations, no accessory building shall be placed in front of the front building line of the principal building.

f.

Under this section, no application shall be made for nor shall approval be granted for an adjustment to canopy carport regulations.

(2)

Consent and notice. Except as otherwise provided in this subsection, the application shall be accompanied by the signed consent of all contiguous property owners, including those located across the street(s) from the subject site, shall be submitted by the applicant on a form prescribed by the director, and on the site plan submitted for consideration. Said consent shall not be required when a separating public right-of-way measures 70 feet or greater, nor shall consent be required when a body of water completely separates the subject parcel from another parcel. If the applicant for an administrative adjustment is unable to obtain either the signed consent or objection of a neighboring property owner, the signed consent of that owner shall not be required when the following conditions have been met: written notice of the request for administrative adjustment is provided to the neighboring property owner and proof that a notice has been sent shall be provided to the department.

(3)

Inspection. Upon receipt of the application for an administrative adjustment, the director, prior to making a decision, may have a staff member inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed administrative adjustment will have on the adjoining lots.

(4)

Review standards. The following standards shall be applied in considering an administrative adjustment:

a.

No more than two sides of the encroaching construction shall be considered for a setback adjustment (all prior setback variances, administrative adjustments and alternative site development options shall count toward this limitation).

b.

No prior setback, lot coverage or building spacing variance(s), administrative adjustment(s) or alternative site development option(s) shall be further changed by administrative adjustment.

c.

The architectural design, scale, mass, and building materials of any proposed structure or addition shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the property.

d.

The plan shall clearly illustrate water runoff solution(s) for the encroaching construction area.

e.

The property owner shall certify in writing that any and all easement areas as shown on the recorded plat remain unencumbered by the encroaching construction, unless a release of interest by the easement holder(s) is obtained and submitted prior to permit issuance.

f.

The applicant shall provide written certification from a registered architect or engineer that the existing encroaching construction complies, or can be made to comply, with all applicable construction codes, including, but not limited to, the state building code, the applicable fire prevention code and other zoning regulations.

g.

Any reduction in the spacing requirement between a principal building and an accessory building or structure on the same lot shall not result in a situation that causes maintenance difficulty or an unsightly appearance.

h.

The proposed accessory building or structure is a normal and customary accessory residential use.

i.

The property owner certifies in writing that the type and placement of any proposed outdoor lighting fixtures shall comply with the Town Code and the state building code.

j.

Notwithstanding the foregoing, no proposed administrative adjustment shall be approved where the director determines that the proposed construction or addition:

1.

Will not be in harmony with the general appearance and character of the subject block face or the block face across the street from the subject property or will result in a significant diminution of value of the adjacent property;

2.

Will be detrimental to the public welfare in that it will have substantial negative impact on public safety due to unsafe traffic movements, heightened pedestrian-vehicular conflicts, or heightened risk of fire; or

3.

Creates materially greater adverse privacy impacts on adjacent residences than that permitted by the underlying district regulations.

(5)

Conditions and safeguards. In granting an administrative adjustment, the director may prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying zoning district regulations, including, but not limited to:

a.

Landscape materials, walls, and fences as required buffering.

b.

Modification of the orientation or deletion of any openings.

c.

Modification of site arrangements.

d.

Modification of plans.

(6)

Advertising. After the director's decision, an advertisement shall be published pursuant to section 3-30(11).

(Ord. No. 12-03, § 2(3-37), 6-20-2012)

The town council may rezone property, in conformity with the provisions of this section. Rezones may be initiated by the town, petition of the owner or owner's agent, or contract purchaser with the owner's written consent, which is the subject of the proposed map amendment.

(1)

Application filing. All rezoning applications shall be filed with the department of community development. The required application form must be completed and signed by the applicant and owner(s) of the property or their designated agent. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment.

(2)

Submittal requirements. All rezoning applications shall be accompanied by the following items:

a.

An application, on a form provided by the town, completed and signed by the applicant and owner(s) of the property or their designated agent.

b.

A disclosure statement by the parties with at least five percent interest in the project signed by the applicant and notarized. The applicant shall keep this information current at all times during the processing of the application.

c.

An as-built survey, signed and sealed by a certified surveyor and mapper, completed not longer than six months in advance of the date of the application, that contains the following information:

1.

Boundaries of the entire property, with bearings and distances of the perimeter property lines and of each existing and proposed land use classifications.

2.

Total area of the property and of each existing and proposed district classification presented in square feet and acres.

3.

Scale and north arrow, with north, to the extent feasible, oriented to the top of the survey.

4.

Location of all existing buildings and structures.

5.

Names of all boundary roads or streets, and the width of existing rights-of-way.

(3)

Public hearing. The town council shall hold public hearing(s), as required by law.

(4)

Approval criteria. The town council shall use the following criteria in making their decision regarding approval or disapproval of a rezoning application:

a.

The proposed rezone is consistent with goals, objectives and policies of the town's growth management plan.

b.

The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses.

c.

The subject property is physically suitable for the uses permitted in the proposed district.

(Ord. No. 12-03, § 2(3-38), 6-20-2012)

The purpose of a conditional use is to allow uses not permitted by right but which may provide for an individual or community-serving need and which, subject to conditions, would not negatively impact the integrity of the zoning district. A conditional use may be approved by the town council as further provided for in this article.

(1)

General criteria. Applications for a conditional use may require the submission of a site plan in accordance with the provisions of this chapter. No certificate(s) of occupancy shall be issued for any use unless said use has been approved by the department. An application for a conditional use shall be made to the department prior to an application for a building permit and will only be accepted if all other ordinances and provisions of the town have been complied with. Except as may otherwise be required by law or administrative procedures, all required county, regional, state, or federal agency approvals shall be obtained prior to the approval of an application.

(2)

Approval criteria. The town council shall use the following criteria in making their decision regarding approval or disapproval of a conditional use application:

a.

Compliance with the town's growth management plan.

b.

Consistent with the "character and purpose" of the zoning district.

c.

The size, shape and character of the property are suited for the proposed use.

d.

Is compatible with the existing uses near the property.

e.

Will not adversely affect the development of the general neighborhood or district.

f.

Will not generate vehicular traffic or create vehicular circulation problems or parking demands that have an unfavorable impact on surrounding properties when compared with uses permitted by right in the same district.

g.

Potential for fire and/or other equally or greater dangerous hazards.

h.

Creates an unfavorable environment impacts on surrounding uses (e.g., noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance).

i.

Is consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property.

j.

Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements.

k.

Will not adversely affect any site or feature of historical, cultural, natural or scenic importance.

l.

Will not be contrary to the public health, safety, and welfare, provided that a denial based exclusively on this language shall include explicitly findings regarding the way in which granting the special exception would be contrary to the public health, safety and welfare.

(3)

Application contents. Any application for a conditional use shall include the following information, if determined by the director to be applicable:

a.

The location and size of the site, including its legal description and a current certified survey.

b.

The recorded ownership interests, including liens and encumbrances and the nature of the developer's interest if the developer is not the owner.

c.

The relationship of the site to existing development in the area, including streets, utilities, residential and commercial development, and physical features of the land, including pertinent ecological structures.

d.

The density or intensity of land use to be allocated, all parts of the site to be developed, together with tabulations by acreage and percentage thereof.

e.

The location, size, and character of any open space, common or otherwise.

f.

The use and the number of stories and height, bulk, and location of all buildings and other structures.

g.

The requirements as set forth in this chapter and other chapters, including the necessary documentation for providing required improvements such as streets, water supply, storm drainage, parking, landscaping, and sewage collection, as well as the provisions for all other appropriate public and private services such as police or security protection, fire protection, and refuse collection.

h.

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities.

i.

Any additional data, plans, or specifications which the applicant believes is pertinent and will assist in clarifying his application.

j.

A demonstration that the proposed conditional use does not degrade adopted levels of service in the town.

(4)

Town council approval. The department's written recommendations shall be transmitted to the town council and a public hearing shall be conducted before the council, who shall deny, approve, or approve the use subject to conditions. Violation of the conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.

(Ord. No. 12-03, § 2(3-39), 6-20-2012)

Applications to amend the town's growth management plan shall be considered in a manner consistent with F.S. § 163.3184 and in accordance with the following procedure:

(1)

Initiation of application. Amendments to the town's growth management plan may be initiated by the majority vote of the town council, motion of the majority vote of the LPA, town administration, petition of the property owner or owner's agent, or contract purchaser with the owner's written consent, which is the subject of a proposed amendment.

(2)

Application filing. With the exception of town-initiated amendments, amendment applications shall be filed with the department of community development. The required application form must be completed and signed by the owner or owner's agent, or contract purchaser with the owner's written consent. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment.

(3)

Submittal requirements. All amendment applications shall be accompanied by the following items:

a.

An application, on a form provided by the town, completed and signed by the applicant, the owner or owner's agent, or contract purchaser with the owner's written consent.

b.

When the proposal is an amendment to the growth management plan text or map series the applicant shall submit data in support of the request. A text amendment shall be submitted in a strikethrough and underline format.

c.

A disclosure statement by the parties with at least five percent interest in the project signed by the applicant and notarized. The applicant shall keep this information current at all times during the processing of the application.

d.

A survey, signed and sealed by a certified surveyor and mapper, completed not longer than six months in advance of the date of the application, that contains the following information:

1.

Boundaries of the entire property, with bearings and distances of the perimeter property lines and of each existing and proposed land use classifications.

2.

Total area of the property and of each existing and proposed district classification presented in square feet and acres. Scale and north arrow, with north, to the extent feasible, oriented to the top of the survey.

3.

Location of all existing buildings and structures.

4.

Names of all boundary roads or streets, and the width of existing rights-of-way.

(4)

Procedure.

a.

Applications shall be received by the town in a form set by the town and made available to the applicants.

b.

The community development department shall review all submitted applications for growth management plan amendments and shall prepare a comprehensive written recommendation.

c.

The LPA shall hold a public hearing to consider applications for amendments to the growth management plan and shall, upon conclusion of the public hearing, make a recommendation to the town council with respect to each application.

d.

The town council shall hold public hearing(s) in accordance with state law to consider the adoption of the proposed amendments to the growth management plan.

(Ord. No. 12-03, § 2(3-40), 6-20-2012; Ord. No. 19-16, § 2, 11-20-2019)

Any property owner who believes that he has a vested right may submit an application for a determination of vested rights to the department as provided for in section 3-15.

(1)

Review procedures for vested rights. The department shall review the application and attachments as to form and sufficiency and shall within 30 business days of receipt thereof determine and notify the applicant whether the application information is in compliance with this section. Within 30 business days after acknowledging receipt of a sufficient application, the department shall place the application on the agenda of the next available town council meeting, unless otherwise requested by the applicant. The town council shall review the application and any other information which it deems necessary and advisable, and shall issue a final determination as to the vested rights claim.

(2)

Application. Any property owner filing for a determination of vested rights with the department shall do so on a form approved by the town hereby known as "application for vested rights." The application shall be accompanied by a fee as set by resolution of the town council and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the town and other documentary evidence supporting the claim. The town council shall review the application and, based upon the evidence submitted, shall make a written determination as to whether the property owner has established vested rights.

(3)

Effect of vested rights determination. A determination by the town council that a property owner is entitled to a vested right shall entitle development or use in accordance with such determination. However, a vested right determination shall not limit the applicability of other provisions of this chapter, nor shall it entitle the applicant to the issuance of any development permit not specified in the final vested rights determination.

(Ord. No. 12-03, § 2(3-41), 6-20-2012)

(a)

Pre-construction surveys. Prior to the issuance of any permit for any exterior improvement to or alteration of a property within the town, a property owner shall provide a survey of the subject property, drafted within six months prior to submitting the permit application to the town. This survey shall be drafted by a licensed land surveyor and shall include the following information at minimum:

(1)

Property boundaries,

(2)

Existing easements and servitudes,

(3)

Existing paved areas and impermeable surfaces,

(4)

Existing structures, sheds, accessory buildings, swimming pools, screen enclosures, and the associated setbacks, and

(5)

Existing fence lines.

If a property owner possesses a survey of the property that was drafted within three years of the application for a permit, the property owner may submit the survey with an affidavit attesting that the survey accurately reflects the current conditions on the property in lieu of a survey drafted within the past six months.

(b)

Post-construction surveys. At or near the completion of permitted construction requiring a pre-construction survey as provided above, a post-construction survey drafted by a licensed surveyor shall be submitted, documenting changes made to the property through the permitted improvements or alterations. All information contained on the pre-construction survey shall be updated to reflect new or altered dimensions.

(c)

Post-construction topographic surveys. Any permitted work undertaken which changes the existing drainage pattern of the property shall submit a topographic survey drafted by a licensed surveyor in addition to a post-construction survey.

(Ord. No. 21-06, § 2, 7-21-2021)

The purpose of this section is to establish a procedure for individuals with disabilities to request reasonable accommodation to the town's land use, zoning, and land development regulations contained in the Town Code, and related policies, practices, and procedures (collectively, "town regulations"). The town shall process requests for reasonable accommodation in accordance with the provisions of this section and make determinations consistent with applicable federal law including, but not limited to, the federal Fair Housing Act (42 U.S.C. 3601 et seq.) and the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) (collectively, "Applicable Laws").

(1)

Procedures for requesting a reasonable accommodation.

a.

Application. A request by an applicant for reasonable accommodation under this section shall be made in writing to the department of community development on a "reasonable accommodation request application form," which form is maintained by the town. The application shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request including the following:

1.

Name, address, and telephone number of applicant.

2.

Address of subject property.

3.

Consent of the owner of the subject property.

4.

Current use of the property.

5.

Basis for the claim that the applicant is protected under applicable law(s).

6.

The town regulation(s) from which reasonable accommodation is being requested.

7.

Identification of the specific accommodation requested and why the accommodation is necessary to make the subject property accessible to the individual.

b.

Assistance. If the applicant needs assistance in making a request for a reasonable accommodation or meeting the requirement that the request be made in writing, the town will provide reasonable assistance to ensure that the process is accessible, and that the applicant's request is documented on the form provided by the town.

c.

Fees. No fees or costs may be imposed for applications submitted under this section or an appeal of a decision on such application to the town council.

d.

Application completeness and accuracy. An application will be considered complete by the department if it is submitted in the required number and form, includes all mandatory information, and all information material to the application is accurate. This provision does not preclude the identification and correction of information submitted by the applicant after an application is accepted.

(2)

Decision process.

a.

Written decision. Within 45 business days after the application has been deemed complete, the department director shall issue a written decision and may:

1.

Approve the relief requested,

2.

Approve a portion of the request and deny a portion of the request and/or impose conditions on the grant of request, or

3.

Deny the request, in accordance with applicable laws.

b.

Conditions on approval; undue financial or administrative burden. The decision may impose conditions upon the approval or partial approval of the request. The department director shall set forth in writing the reasons for such decision. If the department director finds that the requested accommodation will impose an undue financial or administrative burden on the town or will require a fundamental alteration in the nature of the land use and zoning regulations of the town, the department director may determine whether an alternative reasonable accommodation exists which would effectively meet the disability-related need. An alternative reasonable accommodation may be the requested accommodation with conditions.

(3)

Request for additional information.

a.

If necessary prior to issuing a written decision, the department director may request additional information from the applicant, specifying in sufficient detail what information is required. The applicant shall have 15 business days after the date the information is requested to provide the needed information.

b.

In the event a request for additional information is made to the applicant by the department director, the 45 day period to issue a written decision shall no longer be applicable, and the department director shall issue a written determination within 30 business days after receipt of the additional information from the applicant.

c.

If the applicant fails to respond within 15 business days after the request for additional information, the department director shall issue a written notice advising the applicant that he or she failed to timely submit the additional information and the request for relief shall be deemed abandoned and/or withdrawn and no further action by the town with regard to said relief request shall be required.

(4)

Criteria. The following criteria shall be applied in considering a reasonable accommodation request:

a.

Whether the applicant has established that he/she, or the individual on whose behalf the application was submitted, is protected under applicable laws.

b.

Whether the applicant has established that the requested accommodation is reasonable and necessary to afford the disabled individual an equal opportunity to use and enjoy the property.

c.

Whether the requested accommodation would impose an undue financial or administrative burden on the town.

d.

Whether the requested accommodation would require a fundamental alteration in the nature of the land use and zoning regulations of the town.

e.

If applicable, whether alternative reasonable accommodations could provide an equivalent level of benefit.

f.

Any other relevant criteria under applicable laws.

(5)

Appeal. An applicant aggrieved by a decision of the department director under this section may appeal the decision to the town council in accordance with the procedures set forth in section 3-30(13)(a) and section 3-31.

(6)

Exhaustion required. A request for relief under this section shall be required prior to any person filing a lawsuit based upon applicable laws. Completion of the relief procedures provided herein shall constitute the exhaustion of all administrative remedies available from the town.

(7)

Effect while pending. While an application for relief or appeal of a decision of same is pending before the town, the town will not enforce the subject code, rules, policies, and procedures, except the town may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(8)

Advertising. After the decision, an advertisement shall be published pursuant to section 3-30(11).

(Ord. No. 24-04, § 2, 9-18-2024)

The land use provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., protect individuals, houses of worship, and other religious institutions from discrimination in zoning and land marking laws. The purpose of this section is to establish a procedure for addressing possible unintended violations of RLUIPA, identified during implementation of the Town Code, and related rules, policies, and procedures (collectively, "Town Regulations"). The town seeks to assure that it remains in compliance with RLUIPA, with federal policy on this issue, and with the case law interpreting and applying RLUIPA.

(1)

RLUIPA Relief Procedures.

a.

Application. A request by an applicant for RLUIPA relief under this section shall be made in writing to the department of community development on a "RLUIPA relief request application form," which form is maintained by the town. The application shall contain such questions and requests for information as are necessary for evaluating the relief requested including, but not limited to, the following:

1.

Name, address and telephone number of applicant.

2.

Address of subject property.

3.

Consent of the owner of the subject property.

4.

Current use of the property.

5.

Basis for the claim that the applicant is protected under RLUIPA.

6.

The town regulation(s) from which relief is being requested.

b.

Fees. No fees or costs may be imposed for applications submitted under this section or an appeal of a decision on such application to the town council.

c.

Application completeness and accuracy. An application will be considered complete by the department if it is submitted in the required form, includes all mandatory information, and all information material to the application is accurate. This provision does not preclude the identification and correction of information submitted by the applicant after an application is accepted

(2)

Decision process.

a.

Written decision. Within 45 business days after the application has been deemed complete, the department director shall issue a written decision and may:

1.

Approve the relief requested,

2.

Approve a portion of the request and deny a portion of the request and/or impose conditions on the grant of request, or

3.

Deny the request, in accordance with RLUIPA.

b.

Conditions on approval. The decision may impose conditions upon the approval or partial approval of the request. The department director shall set forth in writing the reasons for such decision.

(3)

Request for additional information.

a.

If necessary prior to issuing a written decision, the department director may request additional information from the applicant, specifying in sufficient detail what information is required. The applicant shall have 15 business days after the date the information is requested to provide the needed information.

b.

In the event a request for additional information is made to the applicant by the department director, the 45 day period to issue a written decision shall no longer be applicable, and the department director shall issue a written determination within 30 business days after receipt of the additional information from the applicant.

c.

If the applicant fails to respond within 15 business days after the request for additional information, the department director shall issue a written notice advising the applicant that he or she failed to timely submit the additional information and the request for relief shall be deemed abandoned and/or withdrawn and no further action by the town with regard to said relief request shall be required.

(4)

Criteria. In determining whether the RLUIPA relief request shall be granted or denied, the applicant shall be required to establish all of the following:

a.

The applicant is a claimant under RLUIPA; and

b.

The town has imposed a substantial burden on the religious exercise of the applicant, whether a person, religious assembly or institution, and the burden is not a result of the town furthering a compelling governmental interest and is not the least restrictive means of furthering that compelling governmental interest; or

c.

The town has imposed or implemented a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution, discriminates on the basis of religion or religious denomination, excludes religious assemblies from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction.

(5)

Appeal. An applicant or person aggrieved by a decision of the department director under this section may appeal the decision to the town council in accordance with the procedures set forth in section 3-30(13)(a) and section 3-31.

(6)

Exhaustion required. A request for relief under this section shall be required prior to any person filing a lawsuit based upon RLUIPA. Completion of the relief procedures provided herein shall constitute the exhaustion of all administrative remedies available from the town.

(7)

Effect while pending. While an application for relief or appeal of a decision of same is pending before the town, the town will not enforce the subject code, rules, policies, and procedures, except the town may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(8)

Advertising. After the decision, an advertisement shall be published pursuant to section 3-30(11).

(Ord. No. 24-04, § 2, 9-18-2024)