The town commission shall have the following powers and duties in the areas of development and land use regulation:

1.

Adopt and amend the comprehensive plan.

2.

Adopt and amend the Land Development Code.

3.

Appoint members of the planning and zoning board.

4.

Determine the need for and appoint a development special magistrate, code enforcement special magistrate and/or members of additional boards, committees and subcommittees.

5.

Establish fees for zoning actions, development plan reviews, and other activities carried out under the provisions of this code.

6.

Make final decisions on requested changes to the official zoning map, conditional uses and other special designations on property within the town.

(Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 5(Exh. A, § 2), 3-26-19)

The development director and building director shall have the authority to approve the following, subject to conditions set forth below and in applicable provisions of this code:

The districts listed in article 2 and the boundaries thereof are shown upon the official zoning map or series of maps of the town enacted as law immediately upon enactment of this code and made a part thereof, such maps being designated as the "Zoning Map of the Town of Dundee." This map or maps and all notations, references and other information properly inscribed thereon are hereby incorporated as a part of this article.

The boundaries of such districts as are shown on the official zoning map, together with all regulations in this code which are applicable in such districts, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map(s).

Within five working days of action by the town commission or development special magistrate, the official zoning map will be amended to reflect all approved changes in zoning classifications, supplemental uses, variances, and any other relevant information pertaining to permitted uses or development standards in the Town of Dundee.

(Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 4(Exh. A, § 1(n)), 3-26-19)

No change in land use classification or designation, or variance may be considered by the planning and zoning board or development special magistrate until due public notice has been given of a public hearing. Public hearing notice shall be given at least seven days in advance of the hearing by the publication in a newspaper of regular and general circulation in the town, and notice shall be posted at town hall. No official action may be taken unless and until the public hearing has been advertised. The advertised notice shall contain the name of the applicant, the legal description of the affected property, the parcel number, the existing land use, classification and any special designation(s), the request being considered by the planning and zoning board or development special magistrate, and the time and place of the public hearing at which the application will be considered.

For each zoning or variance application to be considered at a public hearing, a notice shall be mailed to all property owners of record within a radius of 300 feet of the affected property, provided, however, that failure to receive such notice shall not invalidate any action or proceedings taken at the public hearing. A sign stating the date and location of the hearing, the type of request for variance being considered, and the name of the owner requesting the hearing shall be posted on the affected property seven days prior to the hearing in a conspicuous location.

When a proposed zoning action or variance lies within 300 feet of the jurisdiction of another local government, the planning board or local governing body of that local government shall be notified so that it may have an opportunity to send a representative to the public hearing to speak on its behalf.

(Ord. No. 01-12, § 1, 12-11-01; Ord. No. 19-04 , § 4(Exh. A, § 1(o)), 3-26-19)

All resolutions, ordinances and records involving permitted land uses, development regulations and development approval are hereby declared to be public information and shall be maintained in an orderly fashion by the development director or his designee(s). Such materials shall be available for public inspection between the hours of 8:00 a.m. and 5:00 p.m. on weekdays at town hall. Copies shall be made available at a price reflecting the town's reproduction costs.

(a)

The town shall establish a schedule of fees and charges for matters pertaining to development review. It is the intent of these regulations that the town shall not be required to bear any part of the costs of development review, and that the fees and established charges represent the actual costs involved in the processing of petitions for development approval. The town has determined that the most practical and consistently accurate method of defraying the costs of development review functions is through a schedule of fees based upon the actual time spent by town employees and directly associated expenses including, but not limited to, advertising and legal fees.

(b)

For the review and processing of the applications described in these regulations, an initial fee shall be deposited by the applicant at the town development director's office to be drawn upon by the town as payment for the staff time of town employees, advertising expenses, and legal fees pertaining to the review and processing of the application. The initial fee shall be payable at the time of filing of the application. The application shall not be reviewed or processed by the town or presented to the planning board or town commission until such time as the initial fee has been paid in full. When the account balance for a particular application is reduced to 25 percent of the initial fee, a supplemental fee shall be required to be paid before any further review and processing of the application continues unless the town finance director and clerk's office determines that the remaining amount is adequate to secure payment for the remaining costs. Otherwise, the town development director shall notify the applicant, in writing, that the review and processing of the application will cease unless an additional amount equal to 50 percent of the initial fee, or more if deemed necessary by the town development director, is deposited by the applicant with the town development director within five days from the date of mailing said notice. This process shall be repeated each time the account balance of the supplemental fee is reduced to 25 percent of the initial fee.

(c)

In the event an application for development approval is anticipated to be complex and will require significant staff time, the applicant may elect to pay an initial fee that exceeds the minimum initial fee established by this section. The town development director shall provide, upon request of the applicant, an estimate of the total fees for the application. Payment of an initial fee based upon this estimate does not relieve the applicant of the responsibility for paying supplemental fees should the town development director deem them necessary.

(d)

Upon completion of the review and processing of the application, any sums remaining in the account shall be refunded to the applicant. Similarly, if the application is withdrawn by the applicant, the applicant shall be eligible for a refund of the fee paid minus the costs of staff time and directly associated expenses as determined by the town development director. No interest shall be paid to the applicant on the fee or the amount refunded.

(e)

An initial fee schedule, and any subsequent revised fee schedule, shall be adopted by resolution of the town commission from time to time and shall be increased by two and one-half percent each October 1 to account for the rate of inflation. A copy of the current fee schedule shall be maintained in the town clerk's office.

(Ord. No. 06-43, § 1, 1-9-07; Ord. No. 12-12, § 1, 2-14-12)

The purpose of this section is to ensure that development approved through the site development plan or subdivision review process is constructed in accordance with development plans submitted to and approved by the town. These provisions shall not apply to single-family residential construction approved by building permit.

The development director shall supervise and administer all staff activities regarding comprehensive planning, zoning, development review, issuance of permits, and code enforcement. He/she shall perform duties prescribed by this code, as well as any others assigned by the town commission. The development director shall be duly qualified for these responsibilities through appropriate education and work experience. The development director shall have a thorough knowledge of the provisions of the comprehensive plan and this code, and shall have the authority to interpret the intent and meaning of this code in situations where its applicability is not clear. Appeals of administrative decisions of the development director may be made to the development special magistrate.

Other specific duties of the development director are as follows:

1.

To advise and cooperate with the town manager in the implementation, amendment and enforcement of this code and the comprehensive plan.

2.

To attend all public hearings at which zoning and comprehensive planning matters are discussed, including meetings of the planning and zoning board, development special magistrate, and town commission. He/she will attend meetings of the code enforcement special magistrate when necessary.

3.

To accept and process all applications for amendments to the official zoning map, variances, and other zoning actions.

4.

To certify the accuracy of the official zoning map and amendments thereto.

5.

To collect and account for all application fees required for zoning actions.

6.

To grant such administrative approvals as are allowed under the provisions of this Code.

7.

Receive applications and application fees for planned unit development, site development plan and subdivision plat approvals.

8.

Evaluate each proposed site development plan and subdivision plat for consistency with this code and the comprehensive plan.

9.

Evaluate each application for a development order, including building permits, to determine whether it meets applicable concurrency requirements.

10.

Ensure that all time limits prescribed by this code are met.

11.

Monitor the progress of all development applications through the review process and be available to respond to inquiries from interested persons.

12.

Any other duties assigned by the town manager.

(Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 4(Exh. A, § 1(l)), 3-26-19)

The building director shall be responsible for review of building construction plans, the issuance of building permits and certificates of occupancy, and the inspection of construction sites and buildings under construction. He/she shall have a working knowledge of the Standard Building Code and be familiar with electrical, fire, zoning and other codes having a bearing on building construction in the Town of Dundee. The building director shall have experience as an architect, engineer, building inspector or building contractor. Alternatively, the town may retain a licensed professional contractor/builder on a part-time basis to perform technical review of building activities.

At its own option, the town commission may appoint itself as the planning and zoning board and serve all associated functions of said board. The functions, powers and duties of the planning and zoning board shall be as follows:

1.

Act as Local Planning Agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes, and perform all functions and duties prescribed in the statute.

2.

Obtain and maintain information on population, property values, the land economy, land use and other information necessary to assess the amount, direction and type of development to be expected in the town.

3.

Advise and make recommendations to the town commission regarding applications for amendments to the official zoning map and requests for special exceptions or other special designations on property within the town.

4.

At the request of the development director, interpret and determine the intent of provisions of this Code which are unclear or in conflict with other regulations.

5.

Consider the need for revision or addition of regulations in this Code, and recommend changes to the town commission.

6.

Consider the need for revision of the comprehensive plan, and recommend changes to the town commission.

7.

Other duties as assigned by the town commission.

8.02.01.01 Appointment of members. Where the town commission chooses to create a separate planning and zoning board, members shall serve according to the following regulations:

1.

The planning and zoning board shall have five members, to be appointed by the mayor with approval of the town commission.

2.

Each member of the planning and zoning board shall reside or own a business in the town, and at least two members of the board shall reside in the town.

3.

Each member shall be appointed to a three-year term. In the event that all members are appointed at the same time, one member shall be appointed for a term of one year, two members shall be appointed for a term of two years, and two members shall be appointed for a term of three years.

4.

If a position becomes vacant before the end of a term, the mayor with the approval of the town commission shall appoint a new member to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is appointed and qualified.

5.

Members may be removed without notice and without assignment of cause by a majority vote of the town commission.

6.

At the first meeting of the newly appointed board the mayor shall appoint a chairman and the chairman shall appoint the vice-chairman and any other officers as deemed necessary. At the first meeting held after January 1 of each year, the board shall appoint a chairman and the chairman shall appoint a vice-chairman, and other such officers as deemed necessary. The chairman, or in his absence, the vice-chairman, shall preside over all meetings of the board. Officers shall serve terms of one year.

7.

The chairman will establish subcommittees and appoint members as needed to carry out the purposes of the board.

8.

Members shall not be compensated, but may be reimbursed for travel and other expenses incurred on the board business.

9.

If any member fails to attend three successive meetings, the board may declare the member's office vacant and notify the town commission.

8.02.01.02 Procedures.

1.

The board shall adopt procedures to carry out its purposes. All rules must conform to the code, other town ordinances and state law.

2.

The board shall meet monthly or upon decision of the chairman.

3.

The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

4.

Three members shall constitute a quorum.

5.

Each decision of the board must be approved by a majority vote of the members present at a meeting in which a quorum is present and voting.

(Ord. No. 04-16, § 1(Exh. A), 4-13-04; Ord. No. 05-82, §§ 1, 2, 9-13-05; Ord. No. 12-12, § 1, 2-14-12)

At its own option, the town commission may appoint itself as the board of adjustment and serve all associated functions of said board. In the event the town commission appoints itself as the board of adjustment, the board of adjustment shall serve all the functions, powers, and duties of the development special magistrate. The functions, powers and duties of the board of adjustment shall include, but not be limited to, the following:

1.

To authorize specific variances from appropriate provisions of this code as will not be contrary to the public interest, in cases where literal enforcement of the code will result in unnecessary hardship for the applicant.

2.

To hear and decide upon appeals of administrative decisions where it is alleged there is an error in an order, requirement or policy of town staff. The board may reverse or affirm, wholly or in part, the order, requirement or policy of the administrative official.

(Ord. No. 04-16, § 1(Exh. A), 4-13-04; Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 5(Exh. A, § 2), 3-26-19)

The intent of this section is to create a position called "development special magistrate" with the authority to act and render administrative decisions on requests for variances and other matters as set forth below and in the Code of Ordinances of the Town of Dundee, from established land development regulations and other regulatory matters.

8.02.03.01. Appointment and removal of the development special magistrate.

1.

It shall be a duty of the town commission to appoint and contract with a development special magistrate and alternative development special magistrate.

2.

The development special magistrate and alternative development special magistrate shall be an attorney who is duly admitted to practice in the State of Florida and resides in Polk County, Florida, or has a place of business located in Polk County, Florida.

3.

The town commission shall make appointments on the basis of experience and/or interest in local government matters which includes, but is not limited to, the attorney's reputation for civic pride, interest, integrity, responsibility, and business or professional ability.

4.

At the discretion of the town commission, the term of and/or for the appointment of the development special magistrate shall be legislatively determined and memorialized by written agreement. The development special magistrate may be reappointed at the discretion of the town commission. There shall be no limit on the number of reappointments that shall be given to the development special magistrate provided, however, that a determination be made for each development special magistrate at the end of each of his/her terms.

5.

The development special magistrate serves at the pleasure of the town commission, and the town commission shall have the authority to remove the development special magistrate with or without cause. The town commission may enter into an agreement with the development special magistrate further defining the scope, conditions and timing of removal.

6.

The development special magistrate shall not be a town employee.

7.

The development special magistrate shall be compensated at a rate to be determined by the town commission, and the town commission may enter into an agreement with the development special magistrate further defining the scope and conditions of compensation. However, the town commission may not, under any circumstance, condition payment of compensation on the outcome of any matter that may come before the development special magistrate for adjudication.

8.02.03.02. Conduct of hearing; minimum procedures; and alternate development special magistrate.

1.

Application. An application for a variance or other matter necessitating an appearance before the development special magistrate shall be submitted 30 days prior to being set for a regularly scheduled meeting agenda. The property owner and applicant, if different, must sign the application.

2.

Application filing fee. Any and all applicants shall pay a fee, as set by the town commission, when the application is submitted. The fee shall include, but will not be limited to, any cost(s) for the recording of an order in the public records in and/or for Polk County, Florida.

3.

Notification. The application to appear before the development special magistrate shall be filed with the planning division. Pursuant to the Code of Ordinances of the Town of Dundee and applicable Florida law, the planning division shall comply with all public hearing requirements.

4.

Public hearing.

(a)

The failure of the applicant and/or applicant's representative to appear at the advertised public hearing may result in the denial of the application. In the event the development special magistrate denies an application, the development special magistrate application fee is nonrefundable.

(b)

The town clerk, or his/her designee, shall administer oaths to all witnesses.

(c)

At the hearing, any interested person may be heard upon the subject matter of any application. Members of a specific group or association are requested to appoint a spokesperson who will represent their collective position. Interested persons other than the town and applicant shall not be entitled to any substantive quasi-judicial right or privilege, such as the right of cross examination, other than the ability to be heard. The development special magistrate may, in his/her sound discretion, impose reasonable time limits on the testimony of interested persons, the town and the applicant.

5.

Decision(s). The development special magistrate shall, for all applications, reduce to writing his/her findings of fact, his/her conclusions of law and his/her decision as to granting of an application, granting of an application with conditions, or denying an application in an appropriate order. The town clerk shall record the decision of the development special magistrate in the public records for Polk County, Florida.

6.

Expiration of relief. Applications for relief that are granted by the development special magistrate and not acted upon within one calendar year of the date on which the application was heard at public hearing shall automatically expire and/or terminate.

7.

Records. Minutes shall be kept of all hearings by the development special magistrate, and all hearings shall be open to the public. The town clerk or his/her designee shall provide clerical and administrative personnel as may be reasonably required by the development special magistrate for the proper performance of his/her duties. The minutes of all proceedings, decisions and/or recommendations of the special magistrate shall be made public record on file in the office of the town clerk.

8.

Reapplication. An application for the reconsideration or rehearing of an application which has been previously acted upon by the development special magistrate may be made in the same manner as provided for at original consideration or hearing. However, no appeal or petition by applicant requesting the same relief or approval for the same property shall, without a substantial change as determined by the development special magistrate, be accepted for reconsideration or rehearing for a period of 90 days following the date on which the application was heard at public hearing and action taken by the development special magistrate.

9.

Rehearing.

(a)

All decisions of the development special magistrate are final. Applications, once acted upon, may not be reheard unless the applicant can demonstrate that the decision resulted from an error in substantive or procedural law, or provides new evidence or information not discoverable prior to the initial hearing. A different or more effective presentation of the same evidence or information shall not be considered grounds for a rehearing. Provided that grounds for rehearing exist, either the town or applicant may request a rehearing of the decision of the development special magistrate. A request for rehearing shall be made in writing, and shall be delivered to the town clerk within ten days of the date of rendition of the order sought to be reheard. The written request for rehearing shall specify the precise reasons therefor.

(b)

If, after review of a timely written request for rehearing, the development special magistrate determines a rehearing should be granted, the development special magistrate or alternate development special magistrate may:

(1)

Schedule a hearing where the parties will be given the opportunity to present limited evidence or argument as to the specific reason(s) for which the rehearing was granted; or

(2)

Modify or reverse the prior order, without receiving further evidence, provided that the change is based on a finding that the prior decision of the development special magistrate resulted from a ruling on a question of law which the development special magistrate, in his/her discretion, has determined to be an erroneous ruling.

(c)

Until the request for rehearing has been denied or otherwise disposed of, the order of the development special magistrate shall be stayed, and the time for taking an appeal shall not commence to run until the date upon which the development special magistrate has finally disposed of the request for rehearing by denying the same or otherwise.

10.

Appeals. An aggrieved party, including the town, may appeal a ruling or order of the development special magistrate or alternate development special magistrate by proceeding in the circuit court for the county, in accordance with the Florida Rules of Appellate Procedure. An appeal shall be filed no later than 30 days from the date on which the order to be appealed was executed and rendered. The nature of the appeal shall be from a final administrative order.

11.

Ex parte provisions.

(a)

No person who is or may become a party or a witness to a hearing before the development special magistrate shall communicate with the development special magistrate and/or alternate development special magistrate concerning any matter pending before him/her except at the hearing(s) provided for in this section. This restriction shall extend to any person appearing or interceding on behalf of a party, whether or not such person may have a direct, indirect, personal and/or financial interest in the outcome of the pending matter and/or property at issue.

(b)

The development special magistrate and alternate development special magistrate shall not communicate with any party, witness, representative of a party, or interceding person concerning any matter pending before him/her except at the hearing(s) provided for in this section.

12.

Alternate development special magistrate. The town commission may appoint one or more qualified persons to serve as the alternative development special magistrate in the event a conflict of interest under Florida law or the Rules Regulating the Florida Bar prevents the development special magistrate from ruling in a particular matter.

8.02.03.03. Powers of the development special magistrate.

The development special magistrate shall have the following powers:

1.

To establish rules and regulations not inconsistent with applicable Florida law, the provisions of this section, or other local.

2.

To hear and decide matters assigned by ordinance of the Town of Dundee.

3.

To grant, after public notice has been given and a public hearing heals pursuant to the requirement(s) set forth in section 8.06.00 of the Town of Dundee Land Development Code, written orders denying and/or approving dimensional variances pursuant to applicable provision(s) of the Code of Ordinances of the Town of Dundee and Town of Dundee Land Development Code which includes, but is not limited to, sections 7.06.00 and 8.02.03 of the Town of Dundee Land Development Code.

4.

To hear and decide upon appeals of administrative decisions where it is alleged there is an error in an order, requirement or policy of town staff. The development special magistrate may reverse or affirm, wholly or in part, the order, requirement or policy of the administrative official.

5.

To table or continue a hearing on an application.

6.

To, in any order, prescribe appropriate conditions and safeguards in conformity with the town's land development regulations and ordinances. Violation of such conditions and safeguards, when made a part of the terms of an order, shall be deemed a violation of this Code. The development special magistrate may also prescribe a reasonable time limit within which the action for which the order concerns shall be commenced or completed or both, provided however that under no circumstances shall the special magistrate enter an order allowing a use not permitted in the parcel in question's applicable zoning district of the town's land development regulations. Nonconforming use of neighborhood lands, structures or buildings in the same zoning district shall not be considered grounds for the authorization of a variance. Financial loss standing alone is not sufficient justification for a variance.

(Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 5(Exh. A, § 2), 3-26-19)

In single-family land use classifications only, the development director may approve reduction of side and rear setbacks for principal and accessory structures (excluding swimming pools) by no more than ten percent subject to the following conditions:

1.

Setback requirement is established by the land use classification and no other section of this code;

2.

Total structural coverage of the lot or building site shall not exceed 25 percent;

3.

Approval would not result in the encroachment of a structure into an existing utility or drainage easement held by the town;

4.

A certified survey shall be submitted by the applicant verifying building locations and structural coverage;

5.

A statement of no objection shall be provided with notarized signatures of owners of all adjoining properties.

At the discretion of the development director, the development director may deny the approval and refer the application to the development special magistrate as a variance.

( Ord. No. 19-04 , § 4(Exh. A, § 1(m)), 3-26-19)

The building director may authorize the use of a mobile home or other temporary structure not meeting the requirements of the Standard Building Code at the construction site of an approved site development plan. The temporary structure may be used only as an office, tool shed or other facility in support of construction work, and shall not be used for living accommodations, for sales/rental of lots or offices, or for any other purpose.

The applicant shall designate the exact location of the temporary structure on the site development plan, and shall place it only in the approved location. The temporary structure shall not be installed prior to issuance of the building permit for the development site, and shall be removed upon expiration of the building permit or issuance of the certificate of occupancy, whichever comes first. If a mobile home is to be used, the wheels and axles shall not be removed.

The building director may authorize the use of a mobile home as a temporary residence during construction of a permanent residence under the following conditions:

1.

Lot or building site is at least one-half acre in size;

2.

Applicant has received approval of a building permit for construction of a single-family residence on the property;

3.

Foundation and rough plumbing for the permanent structure have been completed and approved by a town building inspector.

The mobile home shall be placed at least 20 feet from all lot lines, and ten feet from any other existing or planned structure. The unit must be connected to a public sewer system or have received a septic tank permit from the Polk County health department. Wheels and axles shall not be removed.

The mobile home shall be removed from the building site prior to issuance of the certificate of occupancy for the permanent residence, or at the end of a one-year period commencing at the date of its installation, whichever comes first. This administrative approval may not be renewed or granted a second time for the same building site.

The development director shall issue a commercial use zoning permit to each applicant for an occupational license within the town. This permit shall not attest to the applicant's ownership or legal right to make use of the property, but shall serve only as notice to the town clerk that the proposed business is a permitted use at the specified location. The owner(s) of the property, if different from the applicant, may request revocation of the commercial zoning use permit at any time.

The applicant shall provide a description of the proposed or existing business, exact legal description and address of the property on which the business will be located, and floor area of the building in which the business will operate. Commercial use zoning permits shall not be granted for property without an existing structure at least 300 square feet in size. The development director may revoke a commercial use zoning permit if it is determined that the applicant provided incorrect information prior to approval.

In cases where the business is a nonconforming use, the applicant must provide documentation or otherwise satisfy the development director that the commercial operation was established legally and meets all the requirements of section 7.08.00 [7.07.00] (Nonconformities).

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

4.

Boundaries indicated as following shorelines shall be construed to follow the high-water line, and in the event of a lowering of the water level shall be construed as moving downward to the current water level;

5.

Boundaries indicated as following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines; and

6.

Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 5. above shall be so construed.

The legal description advertised for public hearing purposes on a zoning action or variance on any parcel of property shall override any and all of the above rules for interpretation of district boundaries.

Where a zoning action has been initiated or undertaken at the direction of town commission, and involves less than five percent of the total land area of the town, the town commission shall direct the town clerk to notify by mail each property owner whose land the town will rezone or whose land will be affected by the change in permitted use. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during regular business hours at the office of the town clerk. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on the ordinance. The town commission shall hold a public hearing on the proposed ordinance and may, upon conclusion of the hearing, immediately adopt the ordinance.

Where a zoning action has been initiated or undertaken at the direction of the town commission, and involves five percent or more of the total land area of the town, town commission shall hold two advertised public hearings on the proposed ordinance. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second hearing shall be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The date, place, and time at which the second public hearing will be held shall be announced at the first public hearing.

The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general circulation in the town and of general interest and readership in the community.

The advertisement shall be in the following form:

NOTICE OF ZONING (PERMITTED USE) CHANGE

The Town of Dundee proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement.

A public hearing on the rezoning will be held on (date and time) at (meeting place) .

The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

(Ord. No. 12-12, § 1, 2-14-12)

(A)

Inspections. The building director shall implement a procedure for periodic inspection of development work in progress to insure compliance with the development permit and/or final development order which authorized the activity.

(B)

Deviations.

1.

If the work is found to have one or more deviations from the approved development plan, the development director shall:

a.

Place the matter on the next agenda of the town commission, allowing for adequate notice, and recommend appropriate action for the commission to take.

b.

Request the building director to issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the development director determines that work or occupancy may proceed pursuant to the decision of the planning and zoning board.

c.

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

2.

The town commission shall hold a public hearing on the matter and shall take one of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this code.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(C)

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(D)

Application for certificate of occupancy. Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the building director for a certificate of occupancy. The building director shall inspect the work and issue the certificate if found to be in conformity with the permit or order.

(Ord. No. 12-12, § 1, 2-14-12)