This article sets forth the application and review procedures for obtaining development approvals, including, but not limited to, development orders, development permits, special exceptions, and variances. In addition, this article contains the procedures used to enforce the LDRs.

(LDR, § 12001; Ord. No. 2012-01, § 12001, 5-22-2012)

Development is the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. No development activity shall be undertaken unless authorized by a development order or development permit.

(LDR, § 12002; Ord. No. 2012-01, § 12002, 5-22-2012)

A development permit may not be issued to any applicant if an application for the same development permit was denied by the Board in the preceding 12 months, or if the applicant has unsatisfied, adjudicated code enforcement violations as determined in accordance with Division 10 of this article (i.e., unpaid fines, continuing violations, code enforcement liens). In addition, a development permit may not be issued unless the proposed development activity:

(1)

Is authorized by a development order issued in accordance with the LDRs.

(2)

Conforms to all relevant provisions of the LDRs.

(3)

Has prior approval of the Florida Department of Environmental Protection when there is utilization of State-owned, sovereign, submerged lands.

(4)

Is located on a parcel that has access to a public road or is located on a functional private road that connects to a public road.

(5)

Is located on a parcel served by utility companies that supply electricity, water and sanitary sewer. The County may require certification of service availability by the utility company. If water is not provided by a utility company, a well may be used. If the well is regulated (any development other than a single-family dwelling) a copy of the approved permit or certification issued by the regulating authority must be provided. If sanitary sewer is not provided by a utility company, a private onsite sewage treatment system may be used. A copy of the approved permit or certification issued by the regulating authority must be provided.

(6)

Is located on a parcel that does not have any unsatisfied, adjudicated code enforcement violations as determined in accordance with Division 10 of this article (i.e., unpaid fines, continuing violations, code enforcement liens).

(LDR, § 12003; Ord. No. 2012-01, § 12003, 5-22-2012; Ord. No. 2014-06, § 27, 10-28-2014; Ord. No. 2017-15, § 7, 8-22-2017)

A development permit may be issued for the following development activities in the absence of a development order:

(1)

Development activity necessary to implement a valid site plan on which the start of construction took place prior to the adoption of the LDRs and has continued in good faith. Compliance with the development standards is not required if in conflict with the previously approved plan.

(2)

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

(3)

The erection of a sign on a previously developed site and independent of any other development activity on the site.

(4)

The re-surfacing of a vehicle use area that conforms to all requirements of the LDR.

(5)

Bona fide agricultural activity as defined by State law.

(6)

A single-family dwelling or a duplex structure on a platted lot, a lot of record or a lot that does not require platting.

(LDR, § 12004; Ord. No. 2012-01, § 12004, 5-22-2012)

(a)

Preapplication conference. Applicants are encouraged to request a preapplication conference with the Development Director and/or County staff prior to submitting an application in order to review application procedures, requirements and the proposed development. Failure of the County staff at the preapplication conference to identify any required permit or procedures shall not relieve the applicant from such requirements.

(b)

Filing and application. Application for any development permit shall be made in writing by the owner(s) of the property for which it is sought or by the owner's designated agent and shall be filed with the Development Department. The following basic materials shall be submitted before an application will be considered complete and formally accepted under the provisions of this section:

(1)

The County's standard application form shall be completed and signed by all owners or their representative. The application must include a certification by the applicant that the same development permit application was not denied by the Board in the preceding 12 months.

(2)

A site plan drawn to scale, not less than one inch equals 30 feet on parcels less than one acre in area (larger scales may be permitted for larger parcels with approval from the Development Director). All site plans shall include the following:

a.

All proposed and existing development on site. Structures shall reflect accurate distances from property lines, wetlands/waterfront, other structures, and rights-of-way and edge of pavement.

b.

All existing physical features (wetlands, waterfront, etc.)

c.

All rights-of-way and easements, if known.

d.

Direction of north to the property.

e.

Total parcel area.

f.

Statement of accuracy by the owner/applicant acknowledging that misrepresentation of the site plan may result in the cancellation of the development permit.

g.

All other information requested on the application form.

h.

The application fee.

i.

When an improvement plan is required, it must conform to the requirements contained in Article XIII, Division 6, of this chapter.

(3)

A tie-in survey, if required by the Development Director, to show compliance with all provisions of the LDR.

(c)

Application completeness. The Development Department shall determine whether an application is complete with five business days of receipt.

(1)

If the application is complete or if the Department fails to notify the applicant in writing that the application is incomplete it shall be accepted and processed for review.

(2)

If the application is found incomplete, the applicant shall be notified. The application shall not be processed and shall be returned to the applicant for revision and resubmission.

(3)

If the application is found to be the same as an application denied by the Board in the preceding 12 months, it shall be deemed incomplete and shall not be accepted.

(d)

Development permits. Applications for development permits shall satisfy all of the following requirements:

(1)

A valid development order shall be on file for the project. Applications for development permits shall be submitted to the Development Department and may be submitted simultaneously with application for development plan or improvement plan approval; however, permits shall not be issued until development plan or improvement plan approval is granted and the development order issued. All development plans shall be reviewed by the Development Director and then submitted to the Board for its review and approval, approval with conditions, or disapproval at a quasi-judicial hearing of the Board. The Board may condition development plan approval on the expiration of that approval after three years from the date of approval unless development has commenced within that three year period: provided, however, that at the request of the developer the Board may extend said expiration date for additional periods of three years if the developer shows diligent. good faith efforts to proceed with development but has been unable to commence development through no fault of his own. The Board may also provide that if development which has commenced under an approved development plan ceases for a continuous period of three years, the Board may schedule a hearing to determine if said approval shall be revoked. After Board approval of a development plan, the Development Director is authorized to approve improvement plans upon a finding of completeness, consistency with the development plan, and compliance with the requirements of these land development regulations. Should an application for development plan or improvement plans approval be found incomplete, the development permit application shall not be processed.

(2)

Development orders may specify conditions to be met during construction of a project. Such conditions shall be made a part of the development order.

(3)

All conditions of the development order shall be satisfied prior to the release of the development order. It shall be the responsibility of the Development Director to withhold final development inspection until all conditions of the development order have been met.

a.

Every building or structure shall undergo all required inspections, as determined by the Development Department, prior to the issuance of the certificate of occupancy.

b.

No structure or building shall be used or activity carried out on property prior to the issuance of a certificate of occupancy.

c.

A checklist shall be completed, providing for signatures of appropriate officials verifying compliance with all criteria and conditions, prior to the issuance of a certificate of occupancy.

(4)

Application for development permits (including individual permits for plumbing, electrical, and mechanical) for additions and remodeling shall require a valid development order for the proposed use of the building, unless exempt. Development permits shall not be issued unless the proposed development complies with all requirements of the LDRs.

(5)

Applications for development permits shall be processed by the Development Department. However, a valid development order shall be on file prior to issuance of the development permit or shall verify that the property is lawfully exempt from the development order requirement. The Development Director shall also verify that requirements of the LDR have been met.

(6)

Proof of receipt of any required permits or notice or exemption from the County for driveways, sewer and water connections, and from state and federal agencies such as SWFWMD, FDOT, ACOE, HRS, and FDEP approvals (if applicable) shall be required for issuance of a development permit.

(7)

Development permits shall not be issued which degrade the adopted levels of service.

(8)

Where required, complete construction plans must be submitted and approved prior to the issuance of a development permit.

(LDR, § 12005; Ord. No. 2012-01, § 12005, 5-22-2012; Ord. No. 2014-06, § 26, 10-28-2014; Ord. No. 2015-03, § 2, 3-24-2015; Ord. No. 2017-15, § 7, 8-22-2017; Ord. No. 2018-7, § 5, 3-27-2018; Ord. No. 2020-2, § 2, 2-25-2020)

After a permit 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 of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the Development Department.

(LDR, § 12006; Ord. No. 2012-01, § 12006, 5-22-2012)

(a)

The Board of County Commissioners shall establish a schedule of fees and charges for matters pertaining to administration and implementation of the LDRs.

(b)

It is the intent of the LDR that the County shall not be required to bear any part of the cost of applications or petitions made under the LDR and that the fees and charges represent the actual cost of required legal advertising, postage, clerical, filing and other costs involved in the processing of applications and petitions.

(c)

The schedule of fees and charges shall be posted in the Development Department. The charges listed may be changed by resolution of the Board of County Commissioners.

(d)

Applications or petitions initiated officially by the County by its duly authorized agencies or officers are exempt from the payment of the fees or charges herein set out.

(e)

Until the applicable fees or charges have been paid in full, no action of any type or kind shall be taken on any application or petition.

(LDR, § 12007; Ord. No. 2012-01, § 12007, 5-22-2012)

(a)

Generally. For purposes of these review procedures, all development shall be designated by the Development Director as either minor development or major development according to the criteria in this section.

(b)

Major development. A proposed development shall be designated as a major development if it satisfies one or more of the following criteria:

(1)

The development is a residential project other than one single-family home or one duplex dwelling structure.

(2)

The development involves commercial and/or industrial uses.

(3)

Any development that the Development Director designates as a major development because the proposed development should be more thoroughly reviewed because of its complexity or location.

(c)

Minor development. A proposed development shall be designated as a minor development if it involves one single-family residential unit, one duplex residential unit, or agricultural structures. A development order is not required for minor developments.

(LDR, § 12101; Ord. No. 2012-01, § 12101, 5-22-2012)

(a)

The developer of a proposed minor development shall submit a development plan application or zoning request form, as appropriate, to the Development Department. The review is intended to verify appropriate zoning district designation on the property and identify required setbacks, height of structures, or other relevant regulations.

(b)

Within five working days of receipt of an application, the Development Director shall:

(1)

Determine that the application is complete and proceed with the procedures below; or

(2)

Determine that the application is incomplete and specify in writing the additional information required in order for the application to be complete. No further action shall be taken on the application until the additional information is submitted and determined to be complete.

(c)

Upon receipt of a complete application, the Development Director shall review the development plan and determine whether the proposed development complies with the applicable zoning requirements.

(d)

Complete applications for minor developments will be reviewed by County staff, including the Development Review Committee when necessary and appropriate, in order to determine compliance with the LDRs and other applicable requirements.

(e)

Within five working days of the conclusion of the review and determination that the minor development complies with all applicable requirements, the Development Director may issue an administrative approval of the minor development including appropriate conditions and safeguards.

(LDR, § 12102; Ord. No. 2012-01, § 12102, 5-22-2012)

(a)

The developer of a proposed major development shall submit an application for improvement plan approval to the Development Department. Preapplication meetings are not required for improvement plan applications, but are strongly encouraged. Improvement plans must comply with the requirements set forth in Article XIII, Division 6, of this chapter.

(b)

Within five working days of receipt of an improvement plan application, the Development Director shall determine that the application is complete and ready for review and processing or determine that the application is incomplete and specify in writing the additional information required in order for the application to be reviewed.

(c)

Within 20 working days of receipt of an improvement plan application, the Development Director shall provide an applicant with written comments from County staff or the Development Review Committee that either:

(1)

Inform the developer in writing of the deficiencies. The developer may submit an amended plan within 90 calendar days without payment of an additional fee, but, if more than 90 calendar days have elapsed, the developer must thereafter initiate a new application and pay a new fee; or

(2)

Determine that the plan is complete and proceed with the following procedures.

(d)

Within five working days after the application review is complete, the Development Director shall prepare a notice to proceed that authorizes commencement of construction. A preliminary notice to proceed may be issued if permitting through other agencies is not yet complete, but impact final approval of the project. The notice to proceed may include appropriate conditions and safeguards.

(e)

Post construction review.

(1)

The developer shall submit as-built drawings for all facilities constructed. As-built drawings shall be submitted within ten working days of completion of the project and prior to receiving a certificate of occupancy.

(2)

Within ten working days the County Engineer shall provide written notification to the Building Official that the project is in compliance and constructed to requirements.

(LDR, § 12103; Ord. No. 2012-01, § 12103, 5-22-2012)

Development may be phased. A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the improvement plan for the first phase of the development and must be approved as a condition of approval of the improvement plan for the first phase. An improvement plan must be approved for each phase of the development. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

(LDR, § 12104; Ord. No. 2012-01, § 12104, 5-22-2012)

(a)

These procedures shall apply to all quasi-judicial hearings held by the Board of County Commissioners, the Planning Commission, and any other board or commission which holds quasi-judicial hearings; provided that the Board may determine by Resolution that alternate procedures as set forth in section 20-1404 shall apply to specified proceedings held by the Board. The County Attorney shall determine which matters are quasi-judicial in nature and shall direct the Board Clerk to designate such matters on the agenda.

(b)

The chairman or other presiding officer shall conduct the proceedings and maintain order. Hearings shall be conducted informally, but in a courteous and professional manner.

(c)

Failure to strictly adhere to these procedures shall not invalidate any action of a County board or commission.

(LDR, § 12201; Ord. No. 2014-05, att. A, § 5(12201), 10-28-2014; Ord. No. 2017-20, § 1, 11-28-2017)

(a)

The County Attorney shall represent the Board of County Commissioners, the Planning Commission, or other County board or commission, and shall advise the County board or commission as to evidentiary and procedural issues and objections, the applicable law, and necessary factual findings.

(b)

In all quasi-judicial proceedings, the applicant shall bear the burden of demonstrating by competent and substantial evidence that the application satisfies the standards and requirements of the LDRs and the Comprehensive Plan.

(c)

Prior to the start of any quasi-judicial hearing, each board or commission member shall disclose any ex parte communications which should be brought to the attention of the public and the board or commission.

(d)

Any member of the public wishing to testify must complete a card and present it to the board or commission clerk. The purpose of testimony is to present competent and substantial evidence which may be considered by the board or commission.

(e)

Anyone wishing to testify must declare that he or she will testify truthfully by taking an oath or affirmation prior to testifying.

(f)

Opinion testimony will only be allowed by witnesses who have been qualified and accepted as experts.

(g)

At any time during the proceedings, any member of the board or commission, or the County Attorney, may ask questions of the applicant, witnesses who testify, or County staff.

(h)

All decisions by a County board or commission shall be based on the record of the evidence presented to it at the hearing, which shall include testimony of all witnesses, exhibits and other evidence presented. Strict rules of evidence shall not apply, but evidence must be competent, substantial and relevant to the issues before the County board or commission.

(LDR, § 12202; Ord. No. 2014-05, att. A, § 5(12202), 10-28-2014; Ord. No. 2017-20, § 1, 11-28-2017)

(a)

Conduct of hearing. The hearing shall be conducted in the following manner:

(1)

Open hearing.

(2)

County staff presentation of staff report.

(3)

Applicant presentation in support of application.

(4)

Other proponents of the application.

(5)

Opponents of the application.

(6)

Rebuttal by applicant and County staff.

(7)

Close hearing and commence deliberations.

(b)

Cross examination of witnesses. After each witness testifies, cross examination of the witness is permitted by County staff and the applicant or applicant's representative about matters to which the witness testified. Members of the public may direct questions to the Board concerning testimony given by witnesses. Members of the Board may ask witnesses to respond to such questions.

(c)

Chairman or presiding officer. The chairman or presiding officer shall at all times control the conduct of the hearing, may set time limits on testimony, may exercise his or her discretion regarding the order of presentation of testimony, and may exclude testimony or evidence that is irrelevant, immaterial, incompetent, unreliable or unduly repetitious. The County Attorney shall advise the chairman or presiding officer on such matters.

(LDR, § 12203; Ord. No. 2014-05, att. A, § 5(12203), 10-28-2014; Ord. No. 2016-11, § 1, 5-24-2016; Ord. No. 2017-20, § 1, 11-28-2017)

(a)

[Generally.] If the Board determines that issues to be presented at a hearing are complex and likely to result in extensive expert testimony and/or requests by individuals or groups to present testimony, exhibits and cross examine witnesses, thereby resulting in the likelihood of a lengthy, multi-day hearing, the Board may decide that these alternate procedures shall be followed by adopting a Resolution at least 45 calendar days prior to commencement of the hearing declaring that the procedures set forth in this section shall apply in a specified hearing. The Resolution shall be posted on the County's webpage and published in a newspaper at least 28 calendar days prior to commencement of the hearing.

(b)

Scope and applicability.Section 20-1401 shall apply to specified hearings.

(c)

Preliminary matters. The following preliminary matters shall apply in specified hearings in addition to those set forth in section 20-1402:

(1)

At least 14 calendar days prior to the hearing, the applicant shall pre-file with the Development Department copies of all exhibits (other than rebuttal exhibits) that will be presented at the hearing, the names, mailing and email addresses, and phone numbers of all witnesses who will be called to testify on their behalf, including resumes of any witness to be called as an expert, and a summary of their expert opinion testimony. These required documents may be pre-filed in electronic format with two hard copies of each document, or alternatively eight hard copies of each document may be filed.

(2)

Intervention in specified hearings:

a.

Intervention is not a matter of right but may be granted in the sound discretion of the Board. If granted, intervention is subordinate to, and in recognition of, the propriety of the main proceeding. An intervenor takes the proceeding and the issues as they exist and may not introduce new issues.

b.

Any person or organization requesting the right to present testimony, exhibits, and/or to cross examine witnesses, must file a written request to intervene with the Development Department at least 14 calendar days prior to the hearing which includes: (1) a detailed statement of their interest in the application being considered and how that interest differs from the interest of the public at large; (2) argument in favor or against the application; (3) copies of all exhibits (other than rebuttal exhibits) that will be presented at the hearing; and (4) the names, mailing and email addresses, and phone numbers of all witnesses who will be called to testify on their behalf, including resumes of any witness to be called as an expert, and a summary of their expert opinion testimony. These required documents may be pre-filed in electronic format with two hard copies of each document, or alternatively eight hard copies of each document may be filed.

(3)

If a member of the public wishes to testify as an expert, at least 14 calendar days prior to the hearing, he or she must provide the Development Department with copies of their resume, summary of expert opinion testimony, and their exhibits (other than rebuttal exhibits). These required documents may be pre-filed in electronic format with two hard copies of each document, or alternatively eight hard copies of each document may be filed.

(d)

Presentation and hearing. The following shall apply in specified hearings in lieu of the procedure set forth in section 20-1403:

(1)

Conduct of hearing. The hearing shall be conducted in the following manner:

a.

Open hearing.

b.

Rulings by chairman or presiding officer on intervention, expert witness qualifications and other preliminary matters

c.

County staff presentation of staff report.

d.

Applicant presentation in support of application.

e.

Intervenor in favor of the application.

f.

Intervenor opposed to the application.

g.

Public testimony as to facts and qualified expert opinions.

h.

Rebuttal testimony and exhibits, and closing argument by intervenor.

i.

Rebuttal testimony and exhibits, and closing argument by applicant.

j.

Rebuttal testimony and exhibits, and closing argument by County staff.

k.

Close hearing and commence deliberations.

(2)

Cross examination of witnesses. After each witness testifies, cross examination of the witness is permitted about matters to which the witness testified by members of the Board, County staff, and on behalf of the applicant and intervenor. Members of the public may direct questions to the Board concerning testimony given by witnesses. Members of the Board may ask witnesses to respond to such questions.

(3)

Chairman or presiding officer. The chairman or presiding officer shall at all times control the conduct of the hearing, rule on requests to intervene, requests by witnesses to be accepted as experts, and requests to modify time or other requirements if good cause is shown. The chairman or presiding officer may set time limits on testimony and the length of hearing on any day, may exercise his or her discretion regarding the order of presentation of testimony, and may exclude testimony or evidence that is irrelevant, immaterial, incompetent, unreliable or unduly repetitious. The County Attorney shall advise the chairman or presiding officer on such matters.

(Ord. No. 2017-20, § 2, 11-28-2017)

A special exception is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity. The uses allowed by special exception are listed in the regulations for each zoning district. In addition to those special exception uses that are listed for each zoning district, the Board may approve other similar uses which it determines are comparable in nature with the listed uses. All applications for special exceptions shall be reviewed according to the following procedures.

(LDR, § 12301; Ord. No. 2012-01, § 12301, 5-22-2012; Ord. No. 2022-14, § 5, 7-26-2022)

An application for special exception shall be submitted indicating the basis in this LDR under which the special exception is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the Planning Commission must make as described in Section 20-1433. The application must include material necessary to demonstrate that the approval of the special exception will be in harmony with the general intent and purpose of the LDR, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material includes, but is not limited to, the following, where applicable:

(1)

Plans at an appropriate scale showing proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and services areas, and required yards and other open spaces.

(2)

Plans showing proposed locations for utilities hook-up.

(3)

Plans for screening and buffering with reference as to type, dimensions and characters.

(4)

Plans for proposed landscaping and provisions for trees.

(5)

Plans for proposed signs and lighting, including type, dimensions and character.

Where the LDR places additional requirements on specific special exceptions, the application should demonstrate that such requirements are met. Where the rezoning of land, as well as the granting of a special exception, is requested simultaneously for the same parcel of land, both applications may be processed concurrently in accordance with the procedures set forth in Division 7 of this article.

(LDR, § 12302; Ord. No. 2012-01, § 12302, 5-22-2012)

(a)

Upon receipt of an application for special exception, the Development Director shall determine whether the application is complete. The Development Director may waive some or all of the plans required by Section 20-1431(1) if the special exception includes only a change in use without any new construction. If the application is complete, it will be accepted for review. If the application is incomplete, the Development Director shall specify in writing the additional information required in order for the application to be processed. No further action shall be taken on the application until the additional information is submitted and determined to be complete.

(b)

After receipt of a complete application, the Development Director shall distribute the application for review by County staff and/or the Development Review Committee.

(c)

Upon completion of review, the Development Department shall prepare a staff report and schedule review of the application by the Planning Commission.

(LDR, § 12303; Ord. No. 2012-01, § 12303, 5-22-2012; Ord. No. 2014-06, § 4, 10-28-2014)

Before any special exception shall be recommended for approval to the Board of County Commissioners, the Planning Commission shall make a written finding that the granting of the special exception will not adversely affect the public interest, that the specific requirements governing the individual Special Exception, if any, have been met by the applicant, and that satisfactory provisions and arrangements have been made concerning the following matters, where applicable:

(1)

Compliance with all elements of the Comprehensive Plan;

(2)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

(3)

Off-street parking and loading areas, where required, and economic, noise, vibration, dust, glare or odor effects of the special exception on adjoining properties and properties generally in the district;

(4)

Utilities, with reference to locations, availability and compatibility;

(5)

Screening and buffering with reference to type, dimensions and character;

(6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district;

(7)

Required yards and other open space;

(8)

General compatibility with adjacent properties and other property in the district;

(9)

Any special requirements set out in the zoning district regulations for the particular use involved;

(10)

Public and private utilities, structures, or uses required for public or private utilities, including, but not limited to, wastewater, gas, electric, and telephone utilities, sanitary landfills, and radio and television stations and towers may be permitted only as a special exception unless determined by the Board to be essential service. In addition to the items contained in Subsections (1) through (9) of this section, the review of the request for a special exception shall include consideration of a plan showing all improvements or alterations that are proposed for the utilities or facilities. The proposed location of such utilities or facilities shall be such as not to be injurious to the health, safety, and welfare of the public or surrounding property owners, and shall protect the character of the surrounding property and maintain the stability of residential, commercial, manufacturing, agricultural, educational, cultural, and recreational areas within the County. The public benefit to be derived, the need for the proposed facilities, the existence of suitable alternative locations, potential impacts to surface water or groundwater drinking supplies, and whether the facility can properly be located on the site and in the development which it is to service shall also be taken into consideration where appropriate. Conditions in the form of screening, landscaping, or other site development restrictions may be imposed to protect the health, safety and welfare of the public or surrounding property owners;

(11)

The proposed use shall not act as a detrimental intrusion into the surrounding area; and

(12)

The proposed use shall meet the performance standards of the district in which the proposed use is permitted.

(LDR, § 12304; Ord. No. 2012-01, § 12304, 5-22-2012)

(a)

In recommending approval of any special exception, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDR. Violation of such conditions and safeguards shall be deemed a violation of the LDR.

(b)

Code Enforcement personnel will visit the development site a minimum of every three years to assure that all conditions of approval are being complied with and that no other violations are present. Any conditions which are not being complied with or any violations which are identified will be pursued in accordance with the County's code enforcement procedures. In the event that the violation is not corrected, the special exception may be revoked upon a hearing being held by the Board of County Commissioners and after the affected landowner has been notified.

(c)

Any special exception shall expire five years from the date of approval by the Board of County Commissioners if the special exception use has not commenced or five years following the discontinuance of the special exception use, unless appealed and extended by action of the Board of County Commissioners.

(LDR, § 12305; Ord. No. 2012-01, § 12305, 5-22-2012)

If the Planning Commission recommends denial of a special exception, it shall state fully in its record its reasons for doing so. Such reasons shall take into account the factors stated in Section 20-1433, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific special exception requested, if any.

(LDR, § 12306; Ord. No. 2012-01, § 12306, 5-22-2012)

The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of County Commissioners.

(LDR, § 12307; Ord. No. 2012-01, § 12307, 5-22-2012)

Upon receipt of the Planning Commission report and recommendations, the Board of County Commissioners shall, after public hearing, approve the petition for a special exception if the petition has complied with the County Comprehensive Plan, the LDR and all other applicable regulations, unless it is determined that granting the special exception will adversely affect the public interest. In granting a special exception, the Board of County Commissioners may impose such conditions and restrictions upon the premises benefited by a special exception as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the special exception.

(LDR, § 12308; Ord. No. 2012-01, § 12308, 5-22-2012)

(a)

The Development Director may approve minor changes in the location, site or height of buildings, structures and improvements authorized by the approved special exceptions if such changes are within the intent of the approval.

(b)

All other changes or amendments except increase in land area shall require development plan or improvement plan approval, as appropriate. Any change or amendment which would increase the land area covered by a special exception shall require a full review as for a new application for special exception.

(LDR, § 12309; Ord. No. 2012-01, § 12309, 5-22-2012)

(a)

At the public hearings before the Planning Commission and the Board of County Commissioners, an applicant may appear personally or by authorized agent or attorney.

(b)

All testimony at the public hearings before the Planning Commission and the Board of County Commissioners shall be under oath.

(c)

Notice of the public hearing.

(1)

Notice of the date, time and place of the public hearings by the Planning Commission and the Board of County Commissioners shall be sent at least ten days in advance of the hearings by mail to ten surrounding property owners or all owners of property within 1,000 feet of the property lines of the land for which the special exception is sought, whichever is greater. For the purposes of this requirement, the names and addresses of property owners used for mailing shall be those listed in the records of the County Property Appraiser's Office. Where the property for which the special exception is sought is part of, or adjacent to, land owned by the applicant, the 1,000-foot distance shall be measured from the boundaries of the entire ownership. The notice shall advise that if the recipient is a member of a homeowner's, property owner's or condominium association, the recipient should inform said association about the content of the notice.

(2)

The applicant shall provide to the Development Department prepared adhesive mailing labels for mailing the required notice to adjacent property owners.

(3)

At least one sign shall be posted on each frontage of the subject property at least ten days prior to the public hearings, and the Development Department shall take a photograph showing the posted sign in place at least ten days before the public hearing. The sign shall remain in place until the conclusion of all public hearings. The signs shall:

a.

Be professionally made and of a durable material with minimum dimensions of four feet by four feet but for property with a size of 100 or more acres or a PUD, a 45-degree two-faced sign each with dimensions of four feet by eight feet are required;

b.

Have a white background with black letters a minimum of three inches high;

c.

Shall specify notice of public hearing for special exception use, the date, time, and place of the public hearing as well as the type of special exception use requested;

d.

Be securely attached to two two-inch by four-inch posts (with nails or screws) or four such posts for the larger two-faced sign, the posts must be set a minimum of 18 inches below ground level, and the bottom of the sign must be a minimum three feet above ground level; and

e.

Be setback not more than ten feet from the property line.

(4)

Notice of the public hearings shall also be advertised in a newspaper of general circulation in the County at least ten days prior to each public hearing.

(5)

Failure to strictly comply with the mailing requirements shall not invalidate the decision of the Planning Commission or Board of County Commissioners, provided that notice has been published or posted.

(LDR, § 12310; Ord. No. 2012-01, § 12310, 5-22-2012; Ord. No. 2014-06, § 3a), 10-28-2014; Ord. No 2016-07, §1(12310) 2-23-2016; Ord. No. 2017-15, § 3, 8-22-2017)

(a)

The Board of Adjustment may grant a variance from the terms of the LDRs as will not be contrary to the public interest where, owing to special conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the provisions of the LDR would result in unnecessary and undue hardship.

(b)

Under no circumstances shall the Board of Adjustment grant a variance to permit a use not permitted under the terms of the LDRs in the zoning district involved, or any use expressly or by implication prohibited by the terms of the LDRs. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance. Nonconforming uses of neighboring lands, structures, or buildings in the same zoning district, and permitted uses of lands, structures, or buildings in any other zoning district shall not be considered grounds for the granting of a variance.

(LDR, § 12401; Ord. No. 2012-01, § 12401, 5-22-2012)

Applicants for a variance may submit an application and application fee to the Development Department. Such applications shall include all information requested on the application form.

(LDR, § 12402; Ord. No. 2012-01, § 12402, 5-22-2012)

(a)

Upon receipt of an application, the Development Director shall determine whether the application is complete. If the application is complete, it will be accepted for review. If the application is incomplete, the Development Director shall specify in writing the additional information required in order for the application to be processed. No further action shall be taken on the application until the additional information is submitted and determined to be complete.

(b)

After receipt of a complete application, the Development Director shall distribute the application for review by County staff and/or the Development Review Committee.

(c)

Upon completion of review, the Development Department shall prepare a staff report and schedule review of the application at a public hearing by the Board of Adjustment.

(LDR, § 12403; Ord. No. 2012-01, § 12403, 5-22-2012)

(a)

Initial determination. The Board of Adjustment shall first determine whether the need for the proposed variance arises out of the physical surroundings, shape, topographic conditions, or other physical or environmental conditions, that are unique to the specific property involved. If so, the Board of Adjustment shall make the required findings provided in Subsection (b) of this section. If, however, the condition is common to numerous sites so that requests for similar variances are likely to be received, the Board of Adjustment shall make the required findings listed in Subsection (b) of this section based on the cumulative effect of granting the variance to all who may apply.

(b)

Required findings. The Board of Adjustment shall not grant a variance to any provision of the LDR unless it makes a positive finding, based on substantial competent evidence, on each of the following:

(1)

There are practical difficulties in carrying out the strict letter of the regulation.

(2)

The variance request is not based exclusively upon a desire to reduce the cost of developing the site.

(3)

The proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazard to the public.

(4)

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site.

(5)

The effect of the proposed variance is in harmony with the general intent of the LDRs and the specific intent of the relevant subject area of the LDRs.

(LDR, § 12404; Ord. No. 2012-01, § 12404, 5-22-2012)

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the LDR, including, but not limited to, reasonable time limits within which the action for which variance is required shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the LDR.

(LDR, § 12405; Ord. No. 2012-01, § 12405, 5-22-2012)

Any person desiring to undertake a development activity not in conformance with the LDR may apply for a variance in conjunction with the application for development review. A development activity that might otherwise be approved by the Director of Development must be approved by the Board of Adjustment if a variance is sought.

(LDR, § 12406; Ord. No. 2012-01, § 12406, 5-22-2012)

Variances to floodplain management requirements shall be applied for and considered in accordance with the floodplain management regulations provided in Article IX, Division 5, of this chapter.

(LDR, § 12407; Ord. No. 2012-01, § 12407, 5-22-2012; Ord. No. 2014-06, § 19, 10-28-2014)

Special variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on, or classified as contributing to a district listed on, the National Register of Historic Places, the local register of historic places, or the State Inventory of Historic Places. The special variance shall be the minimum necessary to protect the historic character and design of the structure. No special variance shall be granted if the proposed construction, rehabilitation, or restoration will cause the structure to lose its historical designation.

(LDR, § 12408; Ord. No. 2012-01, § 12408, 5-22-2012)

(a)

The public hearing shall be held by the Board of Adjustment. Any party may appear in person, or by authorized agent or attorney.

(b)

All testimony before the Board of Adjustment shall be under oath.

(c)

Notice of the public hearing.

(1)

Notice of the date, time and place of the public hearing by the Board of Adjustment shall be sent at least ten days in advance of the hearing by mail to ten surrounding property owners or all owners of property within 1,000 feet of the property lines of the land for which the variance is sought, whichever is greater. For the purposes of this requirement, the names and addresses of property owners used for mailing shall be those listed in the records of the County Property Appraiser's Office. The notice shall advise that if the recipient is a member of a homeowner's, property owner's, or condominium association, the recipient should inform said association about the content of the notice.

(2)

The applicant shall provide to the Development Department prepared adhesive mailing labels for mailing the required notice to adjacent property owners.

(3)

At least one sign shall be posted on each frontage of the subject property at least ten days prior to the public hearing and the Development Department shall take a photograph showing the posted sign in place at least ten days before the public hearing. The sign shall remain in place until the conclusion of all public hearings. The signs shall:

a.

Be professionally made and of a durable material with minimum dimensions of four feet by four feet but for property with a size of 100 or more acres or a PUD, a 45-degree two-faced sign each with dimensions of four feet by eight feet are required;

b.

Have a white background with black letters a minimum of three inches high;

c.

Shall specify notice of public hearing for variance use, the date, time, and place of the public hearing as well as the type of variance requested;

d.

Be securely attached to two two-inch by four-inch posts (with nails or screws) or four such posts for the larger two-faced sign, the posts must be set a minimum of 18 inches below ground level, and the bottom of the sign must be a minimum three feet above ground level; and

e.

Be setback not more than ten feet from the property line.

(4)

Failure to strictly comply with the mailing requirements shall not invalidate the decision of the Board of Adjustment, provided that notice has been published or posted.

(LDR, § 12409; Ord. No. 2012-01, § 12409, 5-22-2012; Ord. No. 2014-06, § 3b), 10-28-2014; Ord. No. 2016-07, § 2(12409), 2-23-2016; Ord. No. 2017-15, § 3, 8-22-2017)

Any person or persons, jointly or severally, including any officer, department, or appointed board, commission of the County, aggrieved by any decision of the Board of Adjustment regarding a variance may appeal such decision to the Board of County Commissioners pursuant to Section 20-1525.

(LDR, § 12410; Ord. No. 2016-06, § 1(20410), 2-23-2016)

(a)

Initiation of proposals for amendment. A zoning amendment may be proposed by:

(1)

Board of County Commissioners;

(2)

Planning Commission;

(3)

Board of Adjustment;

(4)

Any other department of agency of the County; or

(5)

Any person other than those listed in Subsections (a)(1) through (4) of this section; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear on each application.

(b)

All proposals for zoning amendments shall be submitted in writing to the Development Department, accompanied by all pertinent information required by the LDR and the application along with payment of the application fee. All Planning Commission meetings to consider any amendment shall be at a public hearing held in accordance with quasi-judicial procedure as required by law.

(LDR, § 12502; Ord. No. 2012-01, § 12502, 5-22-2012)

(a)

Upon receipt of an application, the Development Director shall determine whether the application is complete. If the application is complete, it will be accepted for review. If the application is incomplete, the Development Director shall specify in writing the additional information required in order for the application to be processed. No further action shall be taken on the application until the additional information is submitted and determined to be complete.

(b)

After receipt of a complete application, the Development Director shall distribute the application for review by County staff and/or the Development Review Committee.

(c)

Upon completion of review, the Development Department shall prepare a staff report and schedule review of the application at a public hearing by the Planning Commission.

(LDR, § 12503; Ord. No. 2012-01, § 12503, 5-22-2012)

(a)

When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable:

(1)

Whether the proposed change would be consistent with the Comprehensive Plan.

(2)

The existing land use pattern.

(3)

The creation of an isolated district unrelated to adjacent and nearby districts.

(4)

The impact on the availability of adequate public facilities consistent with the level of service standards adopted in the comprehensive plan, and as defined and implemented through the County concurrency regulations.

(5)

Whether the existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changes.

(6)

Whether changed or changing conditions make the passage of the proposed amendment necessary.

(7)

Whether the proposed change will adversely influence living conditions in the area.

(8)

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

(9)

Whether the proposed change will create a drainage problem.

(10)

Whether the proposed change will seriously reduce light and air to adjacent areas.

(11)

Whether the proposed change will adversely affect property values in the adjacent area.

(12)

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.

(13)

Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

(14)

Whether there are substantial reasons why the property cannot be used in accord with existing zoning.

(15)

Whether the change suggested is out of scale with the surrounding area.

(b)

When pertaining to other proposed amendments of the LDR, the Planning Commission shall consider and study:

(1)

The need and justification for the change; and

(2)

The relationship of the proposed amendment to the purposes and objectives of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the purposes of the LDR and the Comprehensive Plan.

(LDR, § 12504; Ord. No. 2012-01, § 12504, 5-22-2012)

(a)

The Planning Commission may not recommend that a rezoning application or an application to amend the LDRs be approved subject to conditions and safeguards. Any conditions and safeguards may be added to an accompanying Preliminary Development Plan application and site plan.

(b)

The Board of County Commissioners, after receiving the recommendation from the Planning Commission on an application for rezoning or an application to amend the LDRs, may grant or deny such rezoning or amendment. Any conditions and safeguards may be added to an accompanying Preliminary Development Plan application and site plan as it may deem necessary to ensure compliance with the intent and purposes of the Comprehensive Plan.

(c)

This section shall not apply to a Planned Unit Development zoning district as set forth in section 20-144.

(LDR, § 12505; Ord. No. 2012-01, § 12505, 5-22-2012; Ord. No. 2024-002, § 2, 4-23-2024)

The report and recommendations of the Planning Commission shall be advisory only and shall not be binding upon the Board of County Commissioners.

(LDR, § 12506; Ord. No. 2012-01, § 12506, 5-22-2012)

Upon receipt of the Planning Commission report and recommendations, the Board of County Commissioners shall review the reports of staff and the Planning Commission to build a factual record and make conclusions of law. The Board of County Commissioners shall hold a public hearing, held in accordance with quasi-judicial procedure as required by law. The reports and recommendations of the Development Director and the Planning Commission on the application shall be presented prior to the close of the public hearing on the application. The applicant shall have the right, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing.

(LDR, § 12507; Ord. No. 2012-01, § 12507, 5-22-2012)

(a)

The public hearing shall be held by the Planning Commission and Board of County Commissioners. Any party may appear in person, or by authorized agent or attorney.

(b)

All testimony before the Planning Commission and Board of County Commissioners shall be under oath.

(c)

Notice of the public hearings.

(1)

Notice of the time and place of the public hearings by the Planning Commission and Board of County Commissioners shall be sent at least ten days in advance of the hearings by mail to ten surrounding property owners or all owners of property within 1,000 feet of the property lines of the land for which the rezoning is sought, whichever is greater. For the purposes of this requirement, the names and addresses of property owners used for mailing shall be those listed in the records of the County Property Appraiser's Office. Where the property for which the rezoning is sought is part of, or adjacent to, land owned by the applicant, the 1,000-foot distance shall be measured from the boundaries of the entire ownership. The notice shall advise that if the recipient is a member of a homeowner's, property owner's, or condominium association, the recipient should inform said association about the content of the notice.

(2)

The applicant shall provide to the Development Department prepared adhesive mailing labels for mailing the required notice to adjacent property owners.

(3)

At least one sign shall be posted on each frontage of the subject property at least ten days prior to the public hearings, and the Development Department shall take a photograph showing the posted sign in place at least ten days before the public hearing. The sign shall remain in place until the conclusion of all public hearings. The signs shall measure at least 1½ square feet in area and shall specify the date, time and place of the public hearing as well as the nature of the requested rezoning.

a.

Be professionally made and of a durable material with minimum dimensions of four feet by four feet but for property with a size of 100 or more acres or a PUD, a 45-degree two-faced sign each with dimensions of four feet by eight feet are required;

b.

Have a white background with black letters a minimum of three inches high;

c.

Shall specify notice of public hearing for rezoning, the date, time, and place of the public hearing as well as the zoning district requested;

d.

Be securely attached to two two-inch by four-inch posts (with nails or screws) or four such posts for the larger two-faced sign, the posts must be set a minimum of 18 inches below ground level, and the bottom of the sign must be a minimum three feet above ground level; and

e.

Be set back not more than ten feet from the property line.

(4)

Failure to strictly comply with the mailing requirements shall not invalidate the decision of the Planning Commission or Board of County Commissioners, provided that notice has been published or posted.

(5)

Notwithstanding the above, if a proposed rezoning or LDR amendment is initiated by the County, then notice shall be provided in accordance with F.S. § 125.66(4).

(LDR, § 12508; Ord. No. 2012-01, § 12508, 5-22-2012; Ord. No. 2014-06, § 3c), 10-28-2014; Ord. No. 2016-07, § 3(12508), 2-23-2016; Ord. No. 2017-15, § 3, 8-22-2017)

(a)

Appeals to the Board of Adjustment concerning interpretation or administration of these regulations or for variance under the LDR may be taken by any person aggrieved or by any officer, or agency of the County of DeSoto affected by any decision, determination or requirement of the Development Director. Such appeals shall be taken within a reasonable time not to exceed 60 days or such lesser period as may be provided by the rules of the Board of Adjustment, by filing with the Development Director and with the Board, of notice of appeal specifying the grounds thereof. The Development Director shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney for any person.

(b)

In exercising the above-mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of the LDR reverse, or affirm, wholly or partly, or may modify Zoning District requirements, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Development Director from whom the appeal is taken.

(c)

In matter of review, the concurring votes of a majority of the members of the Board of Adjustment present at a meeting shall be necessary to reverse any order, requirement, decision, or determination of the Development Director, or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations. The final determination of the Board of Adjustment shall be made in writing, and shall be made available to the applicant.

(d)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Development Director from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Development Director and on due cause shown.

(LDR, § 12601; Ord. No. 2012-01, § 12601, 5-22-2012)

If no structural alterations are made, any nonconforming use of a structure or of a structure and premises in combination, may be changed to another nonconforming use, provided that the Board of Adjustment shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater that if the existing nonconforming use is continued. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the intent and purpose of these regulations. Application under this section shall be to the Development Director for transmittal to the Board of Adjustment.

(LDR, § 12602; Ord. No. 2012-01, § 12602, 5-22-2012)

(a)

Any person or persons, jointly or severally, including any officer, department, or appointed board aggrieved by any decision of the Board of Adjustment may appeal such decision to the Board of County Commissioners. Such appeals shall be taken within ten days by filing with the Development Director and with the County Attorney, a notice of appeal specifying the grounds thereof. The Development Director will prepare the preliminary record on appeal and provide a copy to the party taking the appeal for their review. If the party taking the appeal feels that additional items should be included in the record, he/she shall specify those additional items within five business days and the Development Director shall confer with the County Attorney to finalize the record on appeal for transmittal to the Board of County Commissioners. The Development Director shall forthwith transmit to the Board of County Commissioners all papers constituting the record upon which the action appealed from was taken. The Board of County Commissioners shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney for any person.

(b)

In exercising the above-mentioned powers, the Board of County Commissioners may, so long as such action is in conformity with the terms of the LDR or the intent of the Comprehensive Plan, reverse, or affirm, wholly or partly, or may modify Zoning District requirements, decision, or determination appealed from and may make such order, requirement, decision, or determination as is necessary and appropriate under the circumstances.

(c)

Any person or persons, jointly or severally, including any officer, department, or appointed board, aggrieved by any decision of the Board of County Commissioners may apply to the circuit court having jurisdiction in the County for judicial relief within 30 days after the rendition of the decision by the Board of County Commissioners. The proceedings in the circuit court shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure.

(LDR, § 12603; Ord. No. 2012-01, § 12603, 5-22-2012; Ord. No. 2016-06, § 2(12603), 2-23-2016)

The intent of this division is to provide a procedure by which a property owner may determine his rights under the County Comprehensive Plan and the LDRs to develop land. This division provides standards for determining whether property is vested and also administrative procedures to be followed in making a vesting determination. It also provides a forum for the determination of vested rights.

(LDR, § 12701; Ord. No. 2012-01, § 12701, 5-22-2012)

Any use of land must be consistent with the County Comprehensive Plan. Notwithstanding the consistency requirements of the Comprehensive Plan, the right of a landowner to develop land shall be vested if:

(1)

The landowner possesses a development permit and has substantially developed the land and said development is continuing in good faith.

(2)

The right of a developer to develop the following categories of developments shall be vested, notwithstanding the requirements of the general rule in Subsection (1) of this section:

a.

Unrecorded subdivisions approved by the Board.

b.

Developments for which there is a final subdivision plat recorded pursuant to the County land development regulations.

c.

Developments for which there is a final detailed development plan approval that has not expired.

d.

Special exceptions approved by the Board.

e.

Valid and active development permits issued prior to June 1, 2012.

f.

Any structure on which construction has been completed and a certificate of occupancy has been issued if a certificate of occupancy was required at time of permitting.

g.

All lots within a subdivision recorded as of March 1, 1982, or lots in approved unrecorded subdivisions for which streets, stormwater management facilities, utilities and other infrastructure required for the development have been completed. The Development Department shall maintain a listing of such exempt subdivisions.

h.

All lots of record as of March 1, 1982, not located within a subdivision, but only to the extent of one single-family residence per lot.

(LDR, § 12702; Ord. No. 2012-01, § 12702, 5-22-2012)

The following categories shall be presumptively not vested for purposes of consistency with the Comprehensive Plan and concurrency as specified in the Comprehensive Plan, but may request a determination of vested rights by following the procedures set forth in Section 20-1557.

(1)

A zoning classification or a rezoning does not guarantee or vest any specific development rights.

(2)

An approved subdivision plat.

(3)

An approved concept plan.

(4)

Expansion of existing development in a manner that is not consistent with or in compliance with concurrency standards of the Comprehensive Plan.

(LDR, § 12703; Ord. No. 2012-01, § 12703, 5-22-2012)

(a)

The owner shall request a determination of vested rights if it has been determined by the Development Director that the use is not vested by filing a technically complete, sworn application and the application fee with the Development Department upon a form to be provided for that purpose, setting forth the following information:

(1)

The name and address of the applicant, who shall be the owner or a person authorized to apply on behalf of the owner; if the property is owned by more than one person, any owner or an authorized agent of the owner may apply;

(2)

A legal description and survey of the property which is the subject of the application;

(3)

The name and address of each owner of the property;

(4)

A site or development plan or plat for the property;

(5)

Identification by specific reference to any ordinance, resolution, or other action of the County, or failure to act by the County upon which the applicant relied and which the applicant believes to support the owner's vested rights claim notwithstanding an apparent conflict with the Comprehensive Plan;

(6)

A statement of facts which the applicant intends to prove in support of the application; and

(7)

Such other relevant information that the Development Director may request.

(b)

Failure to timely file an application requesting a determination within the prescribed time limits shall constitute a waiver of any vested rights claim by the owner of the property.

(c)

The Board of County Commissioners shall establish an application fee by resolution and said application fee shall be included with the application for a determination of vested rights.

(d)

At any time during or after the application period, the Director may waive the maximum response time. Said waiver may be applicable to any step in the vested rights determination procedure upon the Director's determination that the volume of applications received exceeds the capacity of staff to process the applications received exceeds the capacity of staff to process the applications within the stated time limits or upon the applications within the stated time limits or upon the applicant's reasonable request.

(e)

The Development Department shall screen the application to determine whether it is technically complete. Technically incomplete applications shall be returned to the applicant with written notification of deficient items not provided as required by these regulations. Upon accepting a technically complete application, for which the application fee has been submitted, staff shall review the application and make a final determination within 20 working days whether or not the application clearly and unequivocally has vested status.

(1)

Within ten working days after receipt of an application, staff shall make a determination to ensure the application is technically complete. If not technically complete, the application shall be returned to the applicant immediately and the applicant shall be granted ten additional calendar days to complete the application.

(2)

Within ten working days after making a final determination of vested status the Development Department shall provide the applicant with written notification of the determination of vested status. The owner shall have the right to rely upon such written notification that the owner is vested. Such determination shall be final and not subject to appeal, revocation or modification.

(3)

In the event the Development Department recommends that a hearing before the Development Review Committee is necessary to make a determination, the Director shall set a date for a hearing to be held by the Development Review Committee within 15 working days of the staff recommendation and shall notify the applicant and the Development Review Committee of the date, time, and place of the hearing. The hearing before the Development Review Committee shall also be granted to the applicant, upon written request to the Director, if the applicant desires to challenge the decision made by the Development Department. The notice shall be mailed to the applicant not less than ten working days prior to the date of the hearing. At the applicant's option and with Development Review Committee concurrence, stipulations and sworn affidavits may be submitted in lieu of testifying at the Development Review Committee hearing.

(f)

Development Review Committee hearing. The applicant shall present all of the owner's evidence in support of the application. All testimony shall be under oath and witnesses shall be acceptable. The County shall preserve all testimony and, make a full or partial transcript or existing hearing record available at no more than actual cost. At the conclusion of the testimony, the Development Review Committee shall approve, deny, or approve with conditions, or to continue the proceedings. A written record of the decision shall follow within ten working days.

(g)

Appeals to the Planning Commission.

(1)

Purpose. It is the purpose of this subsection (g) to provide an administrative process for appealing decisions rendered by the Development Review Committee. In particular it is intended that such administrative relief be provided in the most professional, objective, and equitable manner possible through the Planning Commission to adjudicate matters as provided herein. The function of the Planning Commission shall be to serve as the third step of a three-step administrative process relating to the determination of vested rights. No party shall be deemed to have exhausted his or her administrative remedies for the purpose of seeking judicial review unless the party obtains a decision, first, by the Development Department, second, the Development Review Committee, and finally the Planning Commission as provided herein.

(2)

In cases that involve a Development Review Committee hearing, the Planning Commission appeal process provided is designed to allow for an appeal of Review Committee action after a full and complete hearing. This appeal is not intended to mean an appeal in the traditional sense, that is, only a review of the Development Review Committee record of their hearing. The Planning Commission appeal shall be construed in its broadest, non-technical sense, which is merely an application to a higher authority for a review of the Development Review Committee action taken.

(3)

If the Development Review Committee record of their hearing is full and complete, the Planning Commission may determine that the record is the only evidence that is necessary. However, the Planning Commission may determine that additional evidence and oral or written testimony, including cross examination, is necessary to properly evaluate the Development Review Committee's action and render a decision as to its validity. The Planning Commission shall have the authority to determine the need for additional evidence and/or testimony.

(4)

Applicability. The property owner may appeal to the Planning Commission, a decision rendered by the Development Review Committee on an application for a vesting determination.

(5)

Filing an appeal. The procedure for filing an appeal shall be as follows:

a.

Appeals shall be commenced by filing a notice of appeal with the Director within 20 working days of the date the decision of the Review Committee is received by the applicant. A copy shall also be provided to the Clerk.

b.

The notice of appeal shall set forth in detail the basis of the appeal.

c.

The County shall accurately and completely preserve all testimony in the proceeding, and, on the request of any party, it shall make a full or partial transcript or existing hearing record available at no more than actual cost.

d.

In any case where a notice of appeal has been filed, the decision of the staff or Development Review Committee shall be stayed pending the final determination of the case.

e.

Following the hearing, the Planning Commission shall prepare the written findings and decision; copies of the findings and decision shall be sent by the Planning Commission to each party to the appeal and to the Director, with a copy provided to the Clerk.

(6)

Conduct of the hearing. Conduct of the hearing before the Planning Commission shall be as follows:

a.

The Planning Commission shall set forth at the outset of the hearing the order of the proceedings and the rules under which the hearing will be conducted.

b.

The order of presentation at the hearing shall be as follows:

1.

Receipt of the transcript minutes and exhibits from the Development Review Committee, if any.

2.

Opening statements by the parties.

3.

Appellant's case.

4.

Respondent's case.

5.

Rebuttal by appellant.

6.

Summation be respondent.

7.

Summation by appellant.

8.

Conclusion of the hearing by the Planning Commission.

c.

The record of the Development Review Committee's hearing and decision, including all exhibits, shall be received and shall constitute a part of the record.

d.

The Planning Commission shall have the authority to determine the applicability and relevance of all materials, exhibits, and testimony and to exclude irrelevant, immaterial, or repetitious matter.

e.

The Planning Commission is authorized to administer oaths to witnesses.

f.

A reasonable amount of cross examination of witnesses shall be permitted at the discretion of the Planning Commission.

g.

The time for presentation of a case shall be determined by the Planning Commission.

h.

The Planning Commission may allow the parties to submit written findings of fact and conclusions of law following the hearing, and shall advise the parties of the timetable for so doing if allowed.

(7)

Decision. The decision of the Planning Commission shall be based upon the following criteria and rendered as follows:

a.

The Planning Commission shall review the record and testimony presented at the hearing before the Development Review Committee. Although additional evidence may be brought before the Planning Commission, the hearing shall not be deemed a "hearing de novo," and the record before the Development Review Committee shall be incorporated into the record before the Planning Commission, supplemented by such additional evidence as may be brought before the Planning Commission. Any direct appeal from a staff determination shall be deemed a "hearing de novo."

b.

The Planning Commission shall be guided by the Comprehensive Plan, the land development regulations, these requirements, and established case law.

c.

The burden shall be upon the appellant to show that the decision of the staff or Development Review Committee cannot be sustained by a preponderance of evidence, or the decision of the staff or Development Review Committee departs from the essential requirements of law.

d.

The Planning Commission's determination shall include appropriate findings of fact, conclusions of law, and decisions in the matter of the appeal. The Planning Commission may affirm, affirm with conditions, or reverse the decision of the staff or Development Review Committee.

e.

The Planning Commission shall file a written determination on each appeal with the Director within 30 calendar days of the date of the appeal hearing and a copy shall be provided to the Clerk and the applicant.

f.

The decision of the Planning Commission shall be final, subject to judicial review.

(8)

Judicial review. Judicial review of the Planning Commission's decision is available to the property owner and the County in accordance with State law. In any case where judicial review is sought, the decision of the Planning Commission shall be stayed pending the final determination of the case.

(LDR, § 12704; Ord. No. 2012-01, § 12704, 5-22-2012)

Notwithstanding any inconsistency with the Comprehensive Plan, developments of regional impact, or any substantial deviation therefrom, which were approved pursuant to F.S. ch. 380, prior to the submittal of the Comprehensive Plan, shall be allowed to be completed as originally approved as provided herein unless subsequent change of law requires a different approach or imposes different terms applicable to such development. Further development orders may be issued for such developments of regional impact, authorizing the development as originally approved, subject, however, to the following provisions:

(1)

After the submission of the Comprehensive Plan, any development of regional impact that was issued a development order prior to October 1, 1985, and has not substantially and continuously moved toward completion of said development and within an approved phasing schedule, shall be required to apply for a determination of vested development rights and possible requirements for consistency with the Comprehensive Plan, prior to commencement or continuation of development.

(2)

Any development of regional impact issued a development order subsequent to October 1, 1985, and which development order contains an expiration date, is exempt from these Regulations. Provided, however, that when the local government issuing development order expressly finds that compliance with the Comprehensive Plan or with a regulation, limitation, condition, or requirement, subsequently imposed pursuant to this Comprehensive Plan, is necessary to prevent significant and probable harm to the health, welfare, or safety of the public or of any individual or group of property owners, residents, or occupants, compliance with such regulation, limitation, condition or requirement may be made a condition of the development order.

(LDR, § 12705; Ord. No. 2012-01, § 12705, 5-22-2012)

(a)

Any final development order issued on or after May 22, 2012, shall not create vested rights for additional phases or additional development not expressly authorized by the initial development order. This section does not apply to any other subsequent final development order which may also be required for project completion, provided the densities and intensities allowed under the initial final development order are not increased and the specific development plan approved under the initial final development order remains substantially unchanged. All subsequent final development orders proposed to be changed under this section shall be subject to review and approval by the Board of County Commissioners.

(b)

Persons granted a final development order vested under the provisions of this division shall be vested to complete their development in accordance with the terms of their development orders as approved in writing or shown on accompanying plans, without having to comply with the consistency and concurrency requirements of the Comprehensive Plan, provided that the provisions set forth in this section have been met.

(LDR, § 12706; Ord. No. 2012-01, § 12706, 5-22-2012)

The Code Enforcement Department shall enforce the LDRs in accordance with F.S. ch. 162, this Code and the procedures for hearings before the Special Master.

(LDR, § 12801; Ord. No. 2012-01, § 12801, 5-22-2012)

The enforcement of codes pursuant to F.S. ch. 162, part I, is an additional and supplemental means of obtaining compliance with local codes. Nothing contained herein shall prohibit the County from enforcing its codes by any other means, including, but not limited to, injunctive relief or criminal prosecution by the State Attorney.

(LDR, § 12802; Ord. No. 2012-01, § 12802, 5-22-2012)

The intent of a Special Master is to promote, protect, and improve the health, safety, and welfare of the citizens of the County by providing for the enforcement of the LDRs and any other code and ordinance in force in the County where a pending or repeated violation continues to exist through the imposition of administrative fines and other non-criminal penalties in an equitable, expeditious, effective, and inexpensive method.

(LDR, § 12804; Ord. No. 2012-01, § 12804, 5-22-2012)

(a)

Special Master candidates are selected by the Board of County Commissioners having the authority to hold hearings, assess fines, and order mitigation for violations of codes, as provided herein.

(b)

Special Masters shall be attorneys at law, licensed to practice in the State, and possess outstanding reputations for civic pride, interest, integrity, responsibility, and business or professional ability. Applications for Special Master shall be filed with the County Administrator pursuant to notice, published from time to time in a newspaper of general circulation. The Board of County Commissioners shall select a pool of candidates from the applications timely filed with the County Administrator on the basis of experience or interest in code enforcement. Upon 30 days' written notice, the Board of County Commissioners shall have the authority to remove Special Master candidates from the pool with or without cause.

(c)

From the pool of candidates selected by the Board of County Commissioners, the Board of County Commissioners shall appoint Special Masters to hear cases.

(d)

Appointments shall be made for a term of one year.

(e)

Any Special Master may be reappointed at the discretion of the Board of County Commissioners. There shall be no limit on the number of re-appointments that may be given to an individual Special Master; provided, however, that a determination as to removal or re-appointment must be made for each Special Master at the end of each one-year term. At any time during the appointed term, the Board of County Commissioners shall have authority to remove Special Masters with or without cause, upon 30 days' written notice.

(f)

If any Special Master elects to voluntarily resign his or her term appointment prior to the expiration of his or her term, he or she shall provide 30 days' written notice to the County Administrator.

(g)

If a Special Master is terminated prior to the expiration of his or her term or if the Board of County Commissioners determines that a Special Master should not be reappointed, the Board of County Commissioners shall appoint a Special Master from the pool of candidates previously selected by the Board of County Commissioners to fill the vacancy. Appointments to fill any vacancy shall be for the remainder of the unexpired term.

(h)

Special Masters shall not be County employees, but may be compensated at a rate to be established by resolution of the Board of County Commissioners. In addition, Special Masters may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the Board of County Commissioners.

(i)

The Board of County Commissioners shall provide clerical, administrative personnel, and legal services as may be reasonably required by Special Masters for the proper performance of their duties.

(LDR, § 12805; Ord. No. 2012-01, § 12805, 5-22-2012)

(a)

Initiation of enforcement proceedings of the various codes shall be solely the duty of the County Administrator or his designee.

(b)

Except as provided in Subsections (c) and (d) of this section, if a violation of any code is found, the County Administrator shall provide a notice of violation to the alleged violator pursuant to F.S. § 162.12, and give the violator a reasonable time to correct the violation. In the event the violation continues beyond the time specified for correction, the Code Enforcement Officer shall prepare an affidavit of violation and provide said affidavit to the County Administrator who shall serve the affidavit upon the violator pursuant to F.S. § 162.12 and F.S. ch. 48.

(1)

The affidavit shall be attached to a notice of mandatory hearing which shall specify the hearing date.

(2)

If notice of receipt of service is not received prior to the date of the scheduled hearing, the hearing shall be re-scheduled and the affidavit reserved. This re-scheduled shall continue until such time service is perfected.

(3)

If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the County Administrator, the case may be presented to the Special Master even if the violation has been corrected prior to the hearing, and the notice shall so state.

(c)

If a repeat violation if found, the Code Enforcement Officer shall provide a written affidavit of recurrence to the County Administrator. The County Administrator shall schedule a hearing date and indicate the date on a notice of penalty hearing attached to the affidavit of recurrence. The affidavit of recurrence is not required to give the violator a reasonable time to correct the violation. If notice if receipt of service is not received prior to the date of the scheduled hearing, the hearing shall be re-scheduled and the affidavit of recurrence re-served. The case may be presented to the Special Master for assessment of a fine and/or order of mitigation even if the repeat violation has been corrected prior to the hearing, and the notice shall so state.

(d)

Notwithstanding the provisions of this section, if the County Administrator has reason to believe a violation presents a serious threat to a public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the County Administrator shall serve a notice of violation on the alleged violator requesting immediate compliance and an emergency hearing, which shall be held as soon as possible after proper service notifying the alleged violator of the emergency hearing date has been made.

(e)

To alleviate the necessity of having to amend this section whenever new codes are adopted or existing codes repealed, the Board of County Commissioners shall designate by resolution those codes to be enforced before Special Masters.

(f)

The alleged violator may appear pro se at the hearing or be represented by legal counsel.

(g)

No later than three business days prior to the hearing, the respondent or his legal counsel shall file any affirmative defenses with the County Administrator and shall provide a copy to the prosecutor. If an affirmative defense is not timely filed or timely provided to the County Attorney, the County Attorney shall be granted a continuance upon request.

(h)

By resolution, the Board of County Commissioners shall have the authority to prescribe proper and necessary rules and regulations governing the notice and initiation and procedural conduct of Special Master hearings. Such rules and regulations shall be served with the notice of mandatory hearing and notice of penalty hearing served on the alleged violator. The alleged violator shall be subject to only those rules and regulations currently in effect at the time the notice is served.

(LDR, § 12806; Ord. No. 2012-01, § 12806, 5-22-2012)

(a)

Minutes shall be taken at hearings before Special Masters, and all hearings and proceedings shall be open to the public.

(b)

Each case before the Special Master shall be presented by the County Attorney or by a member of the administrative staff of the local governing body.

(c)

The Special Master shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Special Master shall take testimony from the Code Enforcement Officer, the respondent and any additional witnesses.

(d)

In cases involving multiple violations, a separate hearing shall not be required as to each alleged violation relating to the same person or property.

(e)

At the conclusion of the hearing or as soon thereafter as the Special Master deems necessary and just, the Special Master shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. Said order shall also contain the address upon which the violator may be served, by regular U.S. mail, with any further notices or orders in this matter. A certified copy of such order shall be recorded in the public records of the County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Special Master shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(f)

A copy of all orders issued shall be filed with the County Administrator promptly after issuance and shall be deemed rendered upon the date of said filing. A copy of all such orders shall be personally served on the violator or on the violator's legal counsel or mailed by certified mail, return receipt requested, to the violator within ten days following the date the order is rendered.

(LDR, § 12807; Ord. No. 2012-01, § 12807, 5-22-2012)

(a)

Subpoena for testimony before the Special Masters. The Clerk of the Courts shall issue every subpoena for testimony. Each subpoena shall state the name of the Special Master, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance.

(b)

Subpoena for production of documentary evidence. A subpoena dues tecum may also be issued commanding the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Special Master, upon motion made promptly, and, in any event, at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive.

(c)

Service of subpoenas. A subpoena may be served by any person authorized by law to serve process. Proof of service shall be filed with the County Administrator. Payment of any service fee shall be made by the party at whose request the service is made.

(d)

Witness fee and payment. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in F.S. § 92.142. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service. Failure to timely pay the witness fee and mileage compensation shall render the subpoena void.

(LDR, § 12808; Ord. No. 2012-01, § 12808, 5-22-2012)

(a)

The Special Master, upon notification by the County Administrator that an order of the Special Master has not been complied with by the set time or, upon finding that a repeat violation has been committed, shall schedule a penalty hearing. Notice of hearing shall be served by regular U.S. mail. At such hearing, the Special Master may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Special Master for compliance, or in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation, or may order mitigation.

(b)

When a penalty hearing is held, testimony shall be limited to the issue of compliance with the Special Master's previous order. No new evidence as to whether there was a violation shall be allowed.

(1)

A fine imposed pursuant to this section shall not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation, In determining the amount of the fine, the Special Master shall consider the following:

a.

The gravity of the violation;

b.

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

c.

Any previous violations committed by the violator.

(2)

A certified copy of an order imposing a fine shall be recorded in the public records by the Clerk of Courts and thereafter shall constitute a lien against the land on which the violation exists. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of the State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A penalty imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from the filing of any such lien which remains unpaid, the Board of County Commissioners may authorize foreclosure on the lien. No lien created pursuant to the provisions of this section may be placed on homestead property in accordance with Fla. Const. art. X, § 4.

(3)

No lien shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(c)

In determining the amount of the fine or the amount of mitigation necessary, if any, the Special Master shall consider the following factors:

(1)

The gravity of the violation;

(2)

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

(3)

Any previous violations committed by the violator.

(LDR, § 12809; Ord. No. 2012-01, § 12809, 5-22-2012)

(a)

Either the County Attorney or the violator may request a rehearing of the decision of the Special Master. A request for rehearing shall be made, in writing, and shall be filed with the County Administrator within ten days of the execution of the order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Special Master. The written request for rehearing shall specify the precise reasons therefor.

(b)

The Special Master shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting. If the Special Master determines it will grant a rehearing, it may:

(1)

Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited to the specific reasons for which the rehearing was granted; or

(2)

Modify or reverse its prior order, without receiving further evidence, providing the change is based on a finding that the prior decision of the Special Master resulted from a ruling on a question of law which the Special Master has been informed was an erroneous ruling.

(c)

Until a request for rehearing has been denied or otherwise disposed of, the order of the Special Master shall be stayed and the time for taking an appeal, pursuant to this division, shall not commence to run until the date upon which the Special Master has finally disposed of the request for rehearing by denying the same, or otherwise.

(LDR, § 12810; Ord. No. 2012-01, § 12810, 5-22-2012)

An aggrieved party, including the Board of County Commissioners, may appeal a final administrative order of the Special Master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(LDR, § 12811; Ord. No. 2012-01, § 12811, 5-22-2012)

(a)

The term "public nuisance," under these LDRs, shall mean any act, thing, occupation, condition or use of property which tends to annoy the community or injure the health of the citizens in general, is manifestly injurious to morals or manners of the citizens in general, or is otherwise specified in F.S. ch. 823. Public nuisances shall include but not be limited to the following acts, conduct, omissions, conditions or things.

(1)

All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

(2)

Carcasses of household pets or other animals not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

(3)

Accumulations of garbage or refuse in a manner in which flies, mosquitoes, disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed. For the purposes of this section, the term "garbage" shall mean animal and vegetable waste resulting for the handling, preparation, cooking, storage or consumption of food, and refuse shall mean all putrid and non-putrid solid wastes, including garbage, rubbish, debris, ashes, street cleanings dead animals, abandoned or inoperable automobiles, abandoned or inoperable household appliances, moveable furniture not designed for or modified to withstand the elements or outdoor use, sewage sludge and its byproducts, and other commercial and industrial wastes.

(4)

Containers with garbage or refuse which are not covered by solid, tight fitting lids or which have any uncovered holes or for which at least weekly removal of garbage and refuse is not provided.

(5)

Vegetation:

a.

Which harbors or aids in harboring rats or other vermin.

b.

Which harbors or hosts diseases or insects which may reasonably be expected to injure other forms of life.

c.

Which by reason of its location or condition constitutes an imminent danger to any person or property.

d.

Which hinders the removal of accumulations of junk, garbage and debris.

e.

Which is located in areas other than those areas zoned Agricultural 10 (A-10), Agricultural 5 (A-5), or Phosphate Mining-Industrial (PM-I), and which is unmanaged and in excess of ten inches, provided that:

1.

Cultivated flowers, ornamental shrub or bushes, vegetation used for xeriscape, trees or food plants shall be presumed to be managed;

2.

Property whose principal use is residential, is one acre or more, has a permitted, habitable, residential structure located on the property and which maintains vegetation at ten inches or less from the structure to the front and side property lines, is not in violation of this provision; and

3.

Property that is too wet to be mowed is not in violation until such time as conditions on that property allow for mowing.

f.

Which interferes with or obstructs the view or passage on any street, alley or other public way.

(6)

The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial ash in such quantities as to endanger the health of persons or to threaten or cause substantial injury to property, but excluding smoke emanating from residential fireplaces.

(7)

The pollution of any well or cistern, stream, lake, canal or body of water by sewage, industrial wastes or other hazardous substances.

(8)

Any use of property, substances or things emitting or causing any foul, offensive, malodorous, nauseous, noxious or disagreeable odors or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the County.

(9)

Any structure or building that is in a state of dilapidation, deterioration or decayed, is of faulty construction, is open to intrusion, abandoned, damaged by fire to the extent as not to provide shelter, is extremely unsound, in danger of collapse or failure, and endangers the health and safety of the public.

(10)

Violations of Chapter 11, Article XIII, pertaining to anti-litter, or Chapter 11, Article XIV, pertaining to anti-dumping.

(11)

Vehicles parking in violation of Article II, Division 3, of this chapter;

(12)

Dumpsters, trash containers, or trash container stands, located on a public right-of-way unless the dumpster is owned leased or under the control of the County; provided, further, that trash containers may be placed on the publicly owned area adjacent to the pavement, on the day the trash in the container is scheduled for removal by a trash hauler.

(13)

Any unauthorized obstruction or encroachment on a county right-of-way which tends to annoy or endanger the safety of travelers or render the highway less accommodating or convenient for public use.

(14)

Violations of Chapter 7, Article II, pertaining to obstruction of ditches.

(15)

Violations of Chapter 11, Article V, pertaining to excessive, unnecessary, or unusually loud noises.

(16)

Such other actions, conduct, omissions, conditions or things defined or specified in any County ordinance or regulation as nuisances or public nuisances.

(17)

Persistent use of sudden noise devices, known and marketed as air cannons or propane cannons for any use including that of frightening birds from aquaculture operations. As used herein, persistent means more than one discharge per day, or any discharge between sunset and sunrise.

(b)

Nothing herein shall be construed in a manner which is inconsistent with the Florida Right to Farm Act (F.S. § 823.14).

(c)

Nothing herein shall be construed to require the destruction of any wetlands or forested lands, or the destruction of indigenous non-exotic vegetation therein.

(LDR, § 12901; Ord. No. 2012-01, § 12901, 5-22-2012; Ord. No. 2014-06, § 25, 10-28-2014)

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the unincorporated areas of the County.

(LDR, § 12902; Ord. No. 2012-01, § 12902, 5-22-2012)

Bonus density/intensity may apply to applications for all new development. The intent of bonus density/intensity is to allow an increase in a project's extent of development based on the applicant providing public amenities and community improvements. The amount of bonus density shall not be allowed to exceed maximum densities and floor area ratios described within the Comprehensive Plan and applicable future land use categories. Any proposal for bonus density/intensity requires review by the Planning Commission and approval by Board of County Commissioners.

(Ord. No. 2017-15, § 2, 8-22-2017)

(a)

Infrastructure improvements. Off site or on site improvements which increase and reserve capacity for other uses or create efficiencies and reduce duplicative efforts in providing necessary infrastructure for the general public. Proposed improvements shall be those that provide a specific public benefit not otherwise required by the Land Development Regulations. Improvements shall be those that are found or identified in the following documents:

(1)

The Comprehensive Plan, including specifically FLUE Policy 1.1.4;

(2)

A Capital Improvement Plan;

(3)

A local or regional transportation plan;

(4)

Any County Master Plan.

(b)

Quality of life. The development and dedication of land and/or facilities, improvement of corridors and gateways, or enhancement and improvement of the ecological quality of natural resources. Environmental assessments identifying how and why the proposed improvements will meet these goals may be required by the County. Depending on the proposed facility, the County may require evidence of resources to ensure maintenance and management of the facility or resource. Improvements shall be those that implement or improve the following:

(1)

Economic development, including redevelopment;

(2)

Conservation and enhancement of natural or scenic resources, including farmland;

(3)

Protection of streams or water supply beyond those protections required by federal, state or local regulation;

(4)

Enhancement of parks, forests, wildlife preserves, nature preserves or sanctuaries;

(5)

Enhancement of recreational opportunities consistent with related master plan(s), Comprehensive Plan, Capital Improvement Plan, or corridor plan(s);

(6)

Implementation of gateway plans;

(7)

Preservation of historic structures;

(8)

Improvement in regionally connected and significant trail connectivity;

(9)

Connectivity between developments with similar densities;

(10)

Donation of land that provides a benefit to the public;

(11)

Clustering of development and protection of environmentally sensitive areas beyond what is required by federal, state or local regulations.

(c)

Development Standards. Design standards related to the appearance and function of the proposed project, which create opportunities for diverse housing types, unique character and a sense of place, creative design. Improvements shall be those that implement or improve the following:

(1)

Mixed use housing types (examples), such as: single family (detached), multifamily (low/mid-rise), attached single family (townhouses, carriage homes) within development and phase boundaries;

(2)

Design features such as: neighborhood and historically relevant architectural styles, multimodal and complete street enhancements, architectural street lighting,

(3)

Affordable housing inclusion;

(4)

Pervious surface and long-term maintenance, reduction in run-off;

(5)

Water conservation.

(Ord. No. 2017-15, § 2, 8-22-2017)

a)

Burden of proof. An applicant seeking approval of bonus density/intensity has the burden of proving, based on competent substantial evidence, that the development qualifies for bonus density/intensity and the extent to which bonus density/intensity shall be awarded.

(b)

Consideration of criteria. In determining whether and to what extent bonus densities/intensities are approved, the Board shall consider the above-listed criteria which shall be considered equally and in their totality. No one criteria or category of criteria shall outweigh all others, either for approval or denial.

(c)

Public hearing. The Board shall hold a quasi-judicial public hearing to review these criteria and the specific improvements planned for a proposed development. The Board shall make findings and base its decision on competent substantial evidence submitted for and against the request for award of bonus density/intensity. The Board shall determine whether and to what extent the requested bonus density implements the above criteria, is in the best interest of the public, and is consistent with related need assessments or findings. The Board may also evaluate and base its decision on unique requests or additional improvements that are consistent with the intent of these categories for award of bonus density/intensity.

(Ord. No. 2017-15, § 2, 8-22-2017)