All terms used herein are defined alphabetically.

Alley. A public right-of-way, not over 30 feet in width, providing a secondary means of access and service to abutting property.

Beach. The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore."

Beach access point. Any path through or over the dune used by the general public; or with respect to private property, by the owners or with the owner's permission, for the purpose of gaining access to the beach.

Buffer. A permanent barrier, typically composed of vegetation, between a farm field and a stream that helps to maintain water quality; buffer strips slow and filter stormwater while also helping keep soil compact and in place.

Buffer strip. A strip of land of definite width and location reserved for planting of shrubs and trees to serve as an obscuring screen.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

(1)

Building accessory. A "building" subordinate to the main or "principal building" on the "lot" and used for purposes customarily incidental to those of the main building. See "accessory dwelling unit"

(2)

Building, height of. Excluding oceanfront residences, the vertical distance to the intersection of the highest inside finished face of the exterior vertical wall and the highest ceiling, measured from the average natural grade or the minimum flood elevation, whichever is higher. The maximum height of the roof shall not exceed ten feet above the intersection point cited in this definition.

(3)

Building line. A line parallel to the "front lot line" at the minimum required front "setback" line.

(4)

Building, principal. "Building" in which is conducted the primary use of the "lot" on which it is situated.

Building permit. For the purposes of the concurrency management ordinance, a duly issued permit that may authorize the construction of a new building, expansion of floor area, an increase in the number of dwelling units contained in an existing building or a change in use.

Certificate of occupancy. A document issued by the Town allowing the occupancy or use of a building and certifying that the structure or use has been constructed or may be used in compliance with all the applicable municipal codes and ordinances.

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

Development of regional impact (DRI). Any development that, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

District. A portion of the incorporated area of the Town within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Driveway. Automobile entryway and exit that leads to or leaves a property along a road.

Dwelling.

(1)

Accessory dwelling unit (ADU). A smaller, stand-alone dwelling unit that shares land with a detached, stand-alone single-family home. ADUs are known by a variety of names around the United States, including granny flats, secondary suites, and accessory apartments. ADUs can be new stand-alone accessory structures or renovated portions of existing stand-alone accessory structures (i.e., detached ADUs). They can also be converted portions of existing stand-alone accessory structures (i.e., internal ADUs), additions to new or existing residences (i.e., attached ADUs), or new stand-alone accessory structures.

(2)

Complex, attached dwelling unit. A building comprised of two or more "attached dwelling units."

(3)

Dwelling, multiple family. A "building" or portion thereof designed exclusively for occupancy by two or more families living independently of each other and not more than three stories in height. "Multiple-family dwelling" does not include mobile homes, trailers, modular homes or similar structures.

(4)

Dwelling, one-family. A "building" designed exclusively for and occupied exclusively by one family. "One-family dwelling" does not include mobile homes, trailers and similar structures but does include group homes and family day care homes as defined herein.

(5)

Dwelling unit. A "building" or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities. "Dwelling unit" does not include mobile homes or trailers but does include manufactured housing that in appearance resembles housing constructed on-site.

(6)

Dwelling unit, attached. A one-family dwelling attached to one or more one-family dwellings by a common wall.

(7)

Dwelling unit, detached. A dwelling which is not attached to any other dwelling by any means. The "detached dwelling" does not have any roof, wall or floor in common with any other dwelling unit.

Easement. A right-of-way granted for limited use of private property.

Encroachment. Any protrusion of a vehicle outside of a parking space, display area, or accessway into a landscaped area.

Erosion. The process where land surfaces are worn away by the force of gravity, wind, water, or ice.

Family. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants; and not more than two persons living and cooking together as a single housekeeping unit not related by blood, adoption or marriage.

Fence. A barrier, whether with rails, logs, posts, and railing, iron, steel, or other material forming an upright structure enclosing an area of ground to mark a boundary, manage access, or prevent escape.

Filling. The deposition, by any means, of materials in surface waters or wetlands, as delineated in F.S. § 373.421(1), (as defined in F.S. § 373.403(14)).

Final plat. A complete and exact subdivision plan proposed for official recording as required by statute to identify and define property rights and dedication.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.]

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Grubbing. The removal or destruction of any rooted shrubbery; the denuding of a parcel by digging, raking or dragging; or activities which disturb the roots of the vegetation or the soil in which the roots are located in a manner which is calculated to result, or likely to result, in the death, destruction or removal of the vegetation.

Hedge. A linear planting of three or more shrubs that are maintained to not leave a space between each shrub that is more than two feet wide and six feet high.

Impervious. Land surfaces which do not allow, or minimally allow, the penetration of water; included as examples are building roofs, normal concrete and asphalt pavements and some fine-grained soils such as clays.

Infrastructure. A fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, related to the building, reconstruction, or enhancement of public facilities with a life expectancy of at least five years; associated land acquisition, land improvement, design, engineering, and permitting costs; and associated construction costs necessary to put the public facility into use.

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Land clearing. The removal or grubbing by any means of any type of vegetation from land not including however, activities governed by tree removal or mangrove alteration permits.

Level of service. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the area. Level of service shall indicate the capacity per unit of demand for each public facility.

Level of service standard. The adopted volume of demand required for each concurrency facility to achieve acceptable operational efficiency.

Lien. A claim or legal right made against property that is frequently offered as security to pay off debts.

Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge or relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

Mitigation. An action or series of actions to offset the adverse impacts that would otherwise cause a development to fail to meet the SJRWMD criteria. Mitigation usually consists of restoration, enhancement, creation, preservation or a combination thereof.

Motorized vehicle. Includes, but is not limited to, any self-propelled, wheeled, tracked or belted conveyance.

New construction. For the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 5, 1979, and includes any subsequent improvements to such structure.

Parking. The act of bringing a motor vehicle to a stop and leaving it for a short period of time, usually at a parking lot or by the side of the road.

Person. Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, company, corporation, group or other entity or unit, or federal, state, county or municipal government.

Preservation. The protection of wetlands, other surface waters or uplands from adverse impacts by placing a conservation easement or other comparable land use restriction over the property, or by donation of fee simple interest in the property.

Public facilities. Major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.

Right-of-way. Land reserved or to be used for a street, alley, walkway, drainage facility or other public purpose.

Screen. A barrier and visual obstruction created by a living or non-living landscape material.

Setback. The distance required to obtain the minimum front, side and rear open space provisions of this Code.

SJRWMD. The St. Johns River Water Management District.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from thru traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

Sign. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as to show an individual, firm, profession, business, product or message, and which is visible to the general public. "Sign" also includes any object, structure, symbol, display, banner, streamer or other thing, with or without lettering, which is intended to or does identify or attract attention to any privately owned property or premises, or is intended to inform the public of sales, rental, leases or other activities.

(1)

Sign, abandoned. A "sign" which no longer applies to the business, property or site due to the closing of a business, lack of business license or a change in business name, or for any other reason rendering the "sign" not applicable to the premises involved.

(2)

Sign, ground. A "sign" which is located separate from the building and is mounted on the ground but not on a pole.

(3)

Sign, illuminated. Any "sign" which radiates internal light and which is visible from any public property or right-of-way.

(4)

Sign, wall. A "sign" which is located on the facade of a "building" or "structure" and is intended to be visible from outside of the property or from any right-of-way open to the public. Such signs may be parallel to the wall, projecting at right angles to the wall or on an awning.

(5)

Sign, multi-faced. A "sign" which has more than two faces.

(6)

Sign, window. A "sign" mounted on a window or on the glass portion of a door.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, including establishment of new streets and alleys, additions and re-subdivisions. When appropriate to the context "subdivision" related to the process of subdividing or to the land or area subdivided and filed for record with the Clerk of the Circuit Court of the County.

Surface water. Water on the earth's surface, whether it is distributed or contained either artificially or naturally.

Swimming pool. Includes the pool deck, coping and all other construction accessory to the swimming pool.

Tree. A woody plant having a well-defined stem, a more or less well-defined crown and which has attained a height of at least eight feet with a trunk diameter of not less than three inches, or a cluster of main stems having an aggregate diameter of not less than three inches, at a point four and one-half feet above ground.

Violators. Those persons or entities legally responsible for violations of this Code.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hvdric or alluvial or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligated hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bods, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto, as defined in F.S. § 373.019(17). The landward extent of wetlands is delineated pursuant to chapter 17-340, F.A.C., as ratified by F.S. § 373.4211.

Yard.

(1)

Yard, front. An open space extending the full width of a "lot" and of a uniform depth measured horizontally at right angles to the "front lot line,"

(2)

Yard, rear. An open space extending the full width of a "lot" and of a uniform depth measured horizontally at right angles to the "rear lot line,"

(3)

Yard, side. An open space extending from the "front yard" to the "rear yard" and of a uniform width measured horizontally at right angles to the "side lot line" and unoccupied from the ground upward except as specified.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Site plans. No structure, other than a single-family detached house on a lot in single and separate ownership from adjacent lots, shall be erected or expanded unless a site plan is submitted and approved pursuant to the provisions of this subchapter.

(1)

Preliminary site plans. A preliminary site plan may be submitted for any development project requiring a site plan as defined herein.

(2)

Advisory review and approval of preliminary site plans. The preliminary site plan shall be reviewed by the Town staff and shall be submitted to the Planning, Zoning and Variance Board for its consideration. Approval of a preliminary site plan shall be advisory in nature to the developers and shall not excuse in any manner the requirements of section 168.04 of the Land Development Code relating to site plans.

(3)

Components of a preliminary site plan. A preliminary site plan shall include the following:

(a)

Existing natural features. This includes but is not limited to soils, topography, water areas, trees and other vegetation.

(b)

Structures. Proposed structures and any existing structures which are to be retained including, but not limited to, their location, use, height, dimension and setbacks.

i.

Elevations. The site plan shall show grades, finished ground floor elevations, contours and shall designate the number of dwelling units, square footage of the site, building coverage, square footage of paved areas and open area.

ii.

Architectural plans. A scale drawing of the sides, front and rear facades of the building or structure; a generalized floor plan indicating uses and square footage of each proposed use of all buildings or structures; and the building's exterior construction material and color.

(c)

Landscaping. Proposed trees, plants and other landscape features, existing trees and vegetation to be retained and those to be removed. Tabular data for each plant shall be provided including, but not limited to, their location, height, diameter at breast height (DBH) and type.

i.

Walls. The location, height and general character of perimeter or ornamental walls, fences or other screening devices.

(d)

Lighting. Lighting shall be in accordance with the Town's requirements for sea turtle friendly lighting.

(e)

Vehicular use area. Proposed off-street parking and loading areas and overall vehicular and pedestrian circulation patterns.

i.

Adjacent vehicular use areas. The location and general character of all existing curb cuts, driveways, parking areas and loading areas within 200 feet of any proposed curb cuts, driveways, parking areas or loading areas.

(f)

Stormwater management plan and utilities. Storm drainage system improvements (see section 167.09 "Stormwater Management") including an On-Site Stormwater Management Plan compliant with applicable National Pollution Discharge Elimination Standards (NPDES) and all other applicable rules and requirements of the Town and the St. Johns River Water Management District. All supportive engineering calculations and drawings for projected volume of stormwater runoff, system design, detention and other relevant data shall be included. In addition, the site plan must include plans for required system improvements for potable water distribution, wastewater collection and disposal, fire protection and provision of other requisite utilities and related easements.

(i)

Plans. A concept plan for drainage of surface water run-off supplied by the applicant shall be approved by the Town Engineer prior to consideration of a site plan by the Planning, Zoning and Variance Board. Prior to application for a building permit, a detailed drainage plan prepared by a professional engineer or registered landscape architect registered in the state shall be approved by the Town Engineer. A state registered professional engineer or registered landscape architect shall certify that the drainage plan has been appropriately implemented prior to the issuance of an occupancy permit.

(g)

Tabular summary.

(i)

Total gross project acreage and net buildable land area;

(ii)

Total number of proposed residential units (if any), including characteristics by number of bedrooms and total gross square footage;

(iii)

Proposed residential densities, including both net and gross acre calculations;

(iv)

Proposed nonresidential floor area by type of use and total gross square footage;

(v)

Percentages of total gross project area proposed for pervious and impervious areas and building coverage; and

(vi)

Number of off-street parking and loading spaces.

(h)

Erosion and sediment control plan. The plan shall incorporate erosion and sediment control measures in accordance with State Best Management Practices (BMPs). See also section 168.03(B).

(i)

Signs. The location, size, character, height or orientation of all signs as required in Chapter 164 of the Town Land Development Code.

(j)

Shoreline use criteria. First priority shall be given to shoreline protection uses, second to water-dependent uses and third to water-related uses. See Comprehensive Plan Coastal Management Element (Chapter 5) for details. Building arrangements shall maximize ocean views. Renourished beaches shall not be impacted.

(k)

Hurricanes. In addition to meeting the flood management provisions of Chapter 165 of this Code, any applicable site plan must show conformance to the Indian River County Hurricane Evacuation Plan.

(l)

Easements. The location of existing easements and rights-of-way.

(m)

Utilities. The location of sewer lines, water lines and fire hydrants.

(n)

Survey. A land survey with a complete legal description prepared and certified by a registered surveyor certified within 12 months of the application submittal.

(o)

Seal. Site plans are not required to be sealed by a state registered landscape architect or engineer, but civil and landscape plans must be signed and sealed.

(p)

Plat. Citation of plat recordation number, if applicable.

(4)

Final site plans. If a preliminary site plan is used for initial submittal, a final site plan must be submitted before Town Council approval. Once Town Council gives final approval, no deviations can be made without the approval of the Town Council. Minor modifications can be made as stated herein.

(B)

Application information.

(1)

Filing. Before a site plan shall be approved, an application for the approval shall be filed with the office of the Town Building Official. The application must be submitted at least two weeks before the Planning, Zoning and Variance Board meeting at which it is to be considered.

(2)

Attachments.

(a)

Disclosure of ownership. All applications shall include a verified statement showing each individual person having a legal or equitable ownership interest in the subject property described in the site plan application. However, publicly held corporations whose stock is traded on a nationally-recognized stock exchange shall include the name and address of the corporation and principal executive officers. A person other than the landowner may serve as applicant provided a written affidavit signed by the landowner and authorizing the person to act as agent for the landowner is submitted with the application.

(b)

Fee. The Town may establish a fee structure for the site plan application.

(c)

Traffic impact. If not already completed as a part of the subdivision approval, a traffic generation study shall accompany the site plan and be part of the concurrency review.

(d)

Environmental assessment. An environmental assessment report shall be prepared which demonstrates compliance with all applicable portions of Chapter 167 of this Code. It shall also demonstrate appropriate passive energy conservation measures, including building and window orientation, and landscaping.

(e)

Components required as part of (B) site plans.

(C)

Site plan review criteria. The Planning, Zoning and Variance Board and the Town Council shall use the appropriate foregoing chapters of this title or Code plus the following criteria in reviewing site plans:

(1)

Appearance of site and structures. The following criteria shall maintain or enhance the architectural character and community appearance of present and future land use and development in the Town consistent with the Town's Comprehensive Plan; ensure that any proposed or modified buildings or structures are developed consistent with the appearance and architectural character established in this zoning district.; discourage the appearance of a continuous wall of buildings, generally parallel to A1A; and create visual interest through the use of pedestrian scale architectural elements, breezeways, setbacks, building separation and articulated facades related to the scale and mass of the building.

The choice of building and site improvements shall be commensurate with the objectives of the subject use without generating adverse visual impact on surrounding properties or transportation corridors. Architectural style or design is not restricted. The land development regulations related to the appearance of the site, specifically building design elements, may not be applied to a single-family or two-family dwelling unit except for (f) below regulating exterior lighting which shall be applicable to single-family and two-family dwelling units. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to the impacted area considering the following factors.

(a)

Urban design. The exterior of buildings and structures including mass, facade and materials shall respond to the site and surrounding area by being context-sensitive and in harmony with the site and the surrounding area. Architectural detailing and ornamental features shall be designed in a manner that is compatible with and complementary to the building design and shall be of appropriate scale, shape, color scheme and pattern in order to reinforce good design principles. Similarly, architectural detailing and ornamental features shall not use incompatible or extraordinary scale, shapes, color schemes, patterns or other extraordinary features for purposes of attracting excessive attention.

(i)

Land development regulations in accordance with building design elements may not be applied to any single-family or two-family dwelling, except under the conditions listed herein.

(b)

Colors. Colors shall be harmonious with development in the impacted area, with bright or brilliant colors used only for accent.

(c)

Mechanical equipment. Equipment and other utility hardware other than antennas and stacks on roofs shall be harmonious with the building and they shall be located or screened so as not to be visible from any public ways within the impacted area.

(d)

Dumpsters. Refuse and waste removal areas shall be screened from adjacent properties and public ways by appropriate fences, walls or hedges. In cases where dumpsters must be located in areas highly visible from any public right-of-way, the Planning, Zoning and Variance Board shall be authorized to require an appropriate vegetative or structural screen to shield an unsightly condition.

(e)

Outdoor uses. All businesses, services or other commercial activities shall be conducted within completely enclosed buildings or covered patio areas.

(f)

Lighting. Exterior lighting shall be arranged as to shield or deflect the light from adjoining properties, beaches and public streets. Chapter 164 of this Code shall control signs and their lighting.

(2)

Circulation and access.

(b)

Parking lots. Driveways and areas for the parking and internal circulation of vehicles shall be located, designed and controlled so as to provide for safe and convenient circulation within the site, and safe and convenient access from adjoining streets. The requirements of Chapter 162 of this Code shall be applied for off-street parking. Among factors to be considered shall be the number and location of access drives from adjacent streets, the location and width of driveways and access aisles to parking spaces, the arrangement of parking areas and the means of access to buildings for firefighting apparatus and other emergency vehicles.

(c)

Channelization. Parking areas and driveways shall be clearly identified and separated from principal pedestrian routes and recreation areas by curbs, pavement markings, planting areas, fences or similar features.

(d)

Minor street access. Vehicular access to adjoining minor residential streets generally shall not be permitted when adequate access is available to collector streets or major thoroughfares and when adequate access for emergency vehicles can otherwise be provided. Similarly, vehicular access points shall be strategically planned and located in order to avoid disrupting traffic flow. Generally, points of access shall be located at least 50 feet from existing intersections. New curb cuts along State Road A1A shall be coordinated with the State Department of Transportation. For any site abutting State Road A1A, the Town may require the submission of plans for a stacking lane, turning lane or deceleration lane subject to the approval and review by FDOT.

(3)

Landscaping. The provisions of Chapter 163 of this Code shall provide the criteria for landscaping and the provisions of Chapter 167 of this Code shall provide the criteria for tree preservation.

(4)

Infrastructure. Appropriate facilities for providing public potable water and sanitary sewerage collection plus solid waste disposal, surface water drainage and fire protection shall be incorporated in the site plan. These facilities shall be reviewed by appropriate Town officials and a consulting engineer if needed. Evaluative staff comments shall be provided to the Planning, Zoning and Variance Board to facilitate the Board's review, including the results of the concurrency review and environmental sensitivity. Water, sewer, drainage, streets and walkway facilities shall be designed in accordance with the standard specifications as exist or as hereafter amended and on file with the Town Building Official; installation shall minimize impact on the environment, including tree canopy and soil stability.

(a)

Water and sewage. All new development shall be served by public water and sanitary sewer lines. Prior to receiving a development order, all proposed development which impacts an existing septic tank or generates the need for a new septic tank will be required to provide evidence of approval by the Florida Department of Health. Any such approval by the Town shall be conditioned upon compliance with ongoing facility maintenance and operation.

(5)

On-site drainage.

(a)

Detention. Surface water management systems shall be designed and constructed to detain with filtration or retain as a minimum the runoff from a 25-year frequency, 24-hour design storm. Post development runoff shall not exceed pre-development runoff.

(b)

Natural drainage. A natural vegetative buffer or littoral zone of three feet shall be provided along any natural drainage way unless the drainage way is a wetland or other vegetated area. See also section 167.08.

(D)

Review by Planning, Zoning and Variance Board.

(1)

Staff report. The Town Building Official shall prepare a staff report on the application, including any comments of the Town engineer based on the criteria outlined above.

(2)

Board action. The Planning, Zoning and Variance Board shall not approve any site plan unless it finds that it conforms to all applicable provisions of this title, that the safety and convenience of the public are properly provided for and that adequate protection and separation are provided for contiguous and nearby residential property. The Planning, Zoning and Variance Board may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary, in its judgment, to effectuate the purpose of this section and carry out the spirit and purpose of this chapter.

(E)

Town Council review.

(1)

Board approval. If the site plan is approved by the Planning, Zoning and Variance Board, the site plan, together with staff evaluation and minutes reflecting the Board's action, shall be forwarded to the Town Council for review at the next regular meeting of the Town Council. The Town Council shall review the site plan and consider the recommendations of the Town Building Official and the findings and recommendations of the Planning, Zoning and Variance Board. Once final approval has been given to the site plan, no deviations may be made in that plan without approval of the Town Council except for minor modifications as set forth hereinafter. Upon approval of the site plan by the Town Council, a building permit shall be issued by the Town Building Official upon request of the applicant.

(2)

Board disapproval. In the event the site plan is not approved by the Planning, Zoning and Variance Board, the applicant for site plan approval may, within ten days of the disapproval, appeal to the Town Council for site plan approval. If the Planning, Zoning and Variance Board denies site plan approval, it shall specify the reasons the plan was denied with specific reference to those sections of the applicable ordinances on which the denial was based. No reasons other than those so stated shall be presented to the Town Council.

(3)

Site plan approval before building permit granted. No building permit shall be granted by the Town Building Official until a site plan is approved by the Town Council.

(F)

Minor modification of approved site plan. Minor changes as listed below require authorization by the Town Manger or Designee with review and approval by the Planning, Zoning, and Variance Board, after review and approval of the Town Building Official. If approved as a minor change, the site plan shall not be required to be returned to the Planning, Zoning and Variance Board or Town Council for reapproval. The Town Manager shall report each change so approved to the Planning, Zoning and Variance Board for the record at the next scheduled meeting. Minor changes to the site plan include the following:

(1)

Building details. The addition of awnings, canopies or ornamental structures; and modifications in stairways or elevations of decks, porches, pools, terraces and fencing.

(2)

Parking lots. Parking lot reconfiguration or the addition of parking spaces not to exceed 25 percent, including fractions thereof, of the total number of existing parking spaces or 20 spaces, whichever is the lesser amount.

(3)

Building additions. Attached or detached additions to buildings which do not increase the floor area in excess of ten percent of the ground floor area of the principal structure or 500 square feet, whichever is the lesser amount.

(4)

Infrastructure. Changes of a technical engineering nature to the water, sewer, drainage or street designs.

(5)

Landscaping. Any upgrading of the original landscape plan.

(G)

Approval period.

(1)

Commencement of construction. All site plan approvals shall terminate and become null and void automatically without notice if a building permit has not been issued and construction has not commenced within 12 months from the date of approval. For the purposes of this division, construction shall be deemed to have commenced when the developer has built a portion of a structure shown on the plan (for example, the pouring of footers) or has made substantial improvements to the site other than land clearing, filling or grading in accordance with the approved site plan evidencing a good faith effort to diligently pursue construction to completion.

(2)

Extensions of site plan approval. Site plan approval may be extended one time only for good cause by the Town Council for a period not to exceed 12 months. All requests for extensions must be in writing on a form supplied by the Town and received by the Town prior to expiration of the site plan. Upon receiving an extension, all approved site plans shall comply with applicable Town regulations as they exist on the date the extension is granted.

(3)

Abandonment of construction.

(a)

In cases where construction is abandoned or suspended after commencement, as defined above, the site plan approval shall terminate and become null and void after notice and hearing by the Town Council. For the purpose of this division, construction shall be considered abandoned or suspended if:

(i)

The Town Council finds during the hearing that an active building permit has not been maintained for the construction of a structure in accordance with the approved plan; or

(ii)

The Town Council finds during the hearing that construction at a level indicating a good faith effort to proceed with the completion of the project has not occurred for a continuous period of six months immediately preceding the receipt of notice.

(b)

However, the Town Council shall not deem this inactivity to constitute project abandonment or suspension if the inactivity is deliberate and entirely consistent with a Town Council approved schedule for the phasing of a multiphase project. This division shall not operate to invalidate any site plan prior to the end of the initial 12-month period or any authorized extension thereof.

(4)

Site plan requirement and schedule of phasing; lapses.

(a)

Any planned multi-phased project to be approved by the Town Council shall include an approved schedule for the phasing of construction. In addition, if a complete site plan for each phase of the proposed project is not initially submitted, a schedule of future site plan submissions for each successive project phase shall be approved by the Town Council as part of the initial site plan approval.

(b)

A person shall be required to request Town Council approval of an amended schedule of phasing for any planned multi-phase project if the approved schedules for site plan submittal or construction lapses. Upon receiving an approval of an amended schedule of phasing, the site plans for respective future phases shall comply with all applicable Town regulations as they exist on the date the amendment is granted.

(5)

Transfer of site plan approval to run with land.

(a)

A site plan approval shall run with the land and shall transfer to a successor in interest to the original applicant upon written disclosure of the transfer, including the identity of the successor in ownership. The disclosure shall be submitted to the Town Manager and shall provide the full legal name of the person or business entity acquiring an interest in the property, the nature of the interest, the address of the principal place of business, the telephone number of the successor in ownership and the name and address of any registered agent of the owner. If the new owner is a corporation, the enclosure shall include the name, address and title of officers or agents authorized to transact business with the Town, and the name and address of any new design professional for the project.

(b)

Upon site plan transfer, the successors in interest shall provide a written acknowledgment and acceptance of all commitments, responsibilities and obligations of the prior developer, including all special conditions of site plan approval. This written acknowledgement shall be in a form acceptable to the Town Attorney and shall be approved by the Town Attorney.

(c)

The following provisions shall also apply to transfer of site plan approvals:

(i)

Disclosure of requisite information. Failure to make the required disclosure and assumption shall suspend all site plan and zoning approvals until such time as proper disclosure and assumption is made.

(ii)

Time limits. Transfer of site plan approval shall not toll or modify the calculation of time limits set forth with respect to commencement or abandonment of construction. Following any transfer, the time limits shall be calculated as if the transfer had not occurred.

(iii)

Transferability exceptions. This provision does not relate to any transfer of space, units, buildings or property to a transferee who intends to occupy the property only after issuance of a certificate of occupancy, unless the transferee is the successor developer, nor to the creation or transfer of a nonpossessory lien or encumbrance.

(H)

Posting of bonds.

(1)

Improvement or public facility bond. Upon final site plan approval by the Town Council, the applicant shall post a bond executed by a surety company authorized to do business in the state in an amount estimated by the Mayor or his designee to be equal to the cost of constructing required public facilities. The bond shall be in favor of the Town and shall be subject to the condition that all of the improvements will be completed within one year after approval of the site plan. In the event they are not so completed within that time, the Town may proceed with the work and hold the applicant and the surety jointly and severally responsible for the cost thereof. As an alternative surety, the applicant may deposit a certified check or cash with the Town treasurer or any other bond provisions as the Town Council deems adequate to ensure compliance with this provision.

(2)

Site restoration bond. See section 168.05.

(I)

Violations.

(1)

Failure to comply and continually maintain all approved elements of an approved site plan, including landscape, appearance and other site development features, shall be a violation of this title, subject to the enforcement and penalty procedure of section 168.04(H)(2) below.

(2)

In the event of a noncompliance with this subchapter, the Mayor or the Town Building Official shall have the authority to suspend and revoke any building permit used under this subchapter and to take all actions necessary to halt construction until that time as the provisions herein are complied with. In the event legal action is necessary and costs are incurred by the Town in forcing compliance, these expenses shall be borne by the developer or other parties violating the terms of this subchapter.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program.

(B)

Findings. The Town Council finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors, and that the Town's proportionate fair-share program:

(1)

Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative and creative efforts of the public and private sectors;

(2)

Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair-share of the cost of expanding or improving a transportation facility;

(3)

Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; and

(4)

Maximizes the use of public funds for adequate transportation facilities to serve future growth and may, in certain circumstances, allow the Town to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the capital improvements budget.

(C)

Applicability. The proportionate fair-share program shall apply to any development project in the Town where the project's traffic impact study or the Town engineer determines that there is insufficient capacity on one or more segments to satisfy the development project's transportation concurrency requirements. The proportionate fair-share program does not apply to developments exempted from concurrency as provided in section 168.02.5(B).

(D)

General requirements.

(1)

An applicant whose project meets the criteria of section 168.03 may choose to satisfy transportation concurrency requirements by making a proportionate fair-share contribution pursuant to the following requirements:

(a)

The proposed development is consistent with the Town comprehensive plan and applicable Land Development Code regulations, and

(b)

The five-year schedule of capital improvements in the Town's Capital Improvements Element (CIE) includes one or more transportation improvements that, upon completion, will provide sufficient capacity for the deficient segments to accommodate the traffic generated by the proposed development.

(2)

The Town may choose to allow an applicant to satisfy transportation concurrency for a deficient segment through the Proportionate Fair-Share Program by the developer contributing to an improvement that, upon completion, will create additional capacity on the deficient segment sufficient to accommodate the additional traffic generated by the applicant's proposed development, even if the improvement project for the deficient segment is not contained in the five-year schedule of capital improvements in the CIE where:

(a)

The Town Council holds an advertised public hearing to consider the proportionate fair-share agreement and corresponding future changes to the five-year CIE, and

(b)

The Town adopts, by ordinance, an amendment adding the improvement to the five-year schedule of capital improvements in the CIE.

(3)

Any improvement project proposed to meet a developer's fair-share obligation must meet design standards of the Town for locally maintained roadways and of the Florida Department of Transportation (FDOT) for the state highway system.

(E)

Application process.

(1)

Upon identification of a lack of capacity to satisfy transportation concurrency, an applicant may choose to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of section 168.03.1.

(2)

Prior to submitting an application for a proportionate fair-share agreement, the applicant shall attend a pre-application meeting with the Town Manager or designee to discuss eligibility, application submittal requirements, potential mitigation options and related issues.

(3)

Eligible applicants shall submit an application to the Town Manager or designee that includes an application fee as established by resolution and the following:

(a)

Name, address and phone number of owner(s), developer and agent;

(b)

Property location, including parcel identification numbers;

(c)

Legal description and survey of property;

(d)

Project description including type, intensity and amount of development;

(e)

Phasing schedule, if applicable;

(f)

Description of requested proportionate fair-share mitigation method(s);

(g)

Copy of concurrency application;

(h)

Copy of the project's Traffic Impact Statement (TIS) or Traffic Impact Analysis (TIA); and

(i)

Location map depicting the site and affected road network.

(4)

The Town Manager or designee shall review the application and certify that the application is sufficient and complete. Should the application require the Town to use the professional services of a consultant, the applicant shall bear all expenses incurred by the Town for use of such consultant services. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in section 168.02 and section 168.03.1, then the applicant shall be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application shall be deemed abandoned. The Town Council may, in its discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(5)

When an application is deemed sufficient, complete and eligible, a proposed proportionate fair-share obligation and binding agreement will be prepared by the Town or the applicant with direction from the Town and delivered to the appropriate parties for review.

(6)

The Town Manager or designee shall notify the applicant regarding the date of the Town Council meeting at which the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the Town Council.

(F)

Determining proportionate fair-share obligation.

(1)

Proportionate fair-share mitigation for concurrency impacts may include, separately or collectively, private funds, contributions of land and construction and contribution of facilities.

(2)

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation.

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be based on the cumulative number of peak hour, peak direction trips from the complete build-out of the proposed development, or build-out of the stage or phase being approved, that are assigned to the proportionate share program segment divided by the change in the peak hour directional maximum service volume (MSV) of the proportionate share program segment resulting from construction of the proportionate share program improvement, multiplied by the anticipated construction cost of the proportionate share project in the year that construction will occur.

This methodology is expressed by the following formula:

Proportionate Fair-Share = Σ ((Development trips _i ) ÷ (SV Increase _i )) × cost _i )

(Note: In the context of the formula, the term "cumulative" does not include a previously approved stage or phase of a development.)

Where:

Σ = Sum of all deficient links proposed for proportionate fair-share mitigation for a project;

Development Trips _i = Those trips from the stage or phase of development under review that are assigned to roadway segment " _i " and have triggered a deficiency per the concurrency management system;

SV Increase _i =Service volume increase provided by the eligible improvement to roadway segment " _i "; and

Cost _i =Adjusted cost of the improvement to segment " _i ". Cost shall consist of all improvements and associated costs including design, right-of-way acquisition, planning, engineering, inspection and physical development costs directly associated with construction at the anticipated cost in the year that construction will occur.

(4)

For purposes of determining proportionate fair-share obligations, the Town shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur. The Town shall coordinate the review of impacts to state or county maintained roads with the County Public Works Department. Any county fees associated with review of impacts or needed improvements to state or county maintained roads, including engineering, design and cost estimates, shall be paid by the applicant.

(5)

If the Town has accepted an improvement project proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the County Public Works Director or other method approved by the County Public Works Director.

(6)

If the Town has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by the county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the Town and at no expense to the Town. Said appraisal shall assume no approved development plan for the site. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the Town at no expense to the Town. If the estimated value of the right-of-way dedication proposed by the applicant (based on a Town approved appraisal) is less than the Town estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. If the estimated value of the right-of-way dedication proposed by the applicant (based on a Town approved appraisal) is more than the Town estimated total proportionate fair-share obligation for the development, then the Town will give the applicant traffic impact fee credit for the difference.

(G)

Impact fee credit for proportionate fair-share mitigation.

(1)

Proportionate fair-share mitigation payments for a development project shall be applied as a credit toward the traffic impact fees assessed to that development project.

(2)

Impact fee credits for a proportionate fair-share contribution will be determined when the traffic impact fee obligation is calculated for the proposed development. If the applicant's proportionate fair-share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant must pay the remaining impact fee amount.

(3)

A proportionate fair-share contribution is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any traffic impact fee credit based upon proportionate fair-share contributions for a proposed development may not be transferred to any other location.

(4)

The amount of traffic impact fee (TIF) credit for a proportionate fair-share contribution may be up to but shall not exceed the project's proportionate fair-share amount and will be determined based on the following formula:

TIF Credit = ((Proportionate fair-share impacted roadways' VMT) ÷ (Total Project VMT)) × (total project traffic impact fee liability)

Where:

VMT (Vehicle miles of travel on a link) = (length of link)×(number of trips assigned to that link); and

Total Project VMT = Total vehicle miles of travel on all links impacted by proportionate fair-share project.

(5)

A proportionate fair-share impact fee credit shall be applied consistent with the following formula:

Applicant payment = ((Total project traffic impact fees assessed) + (Proportionate Share Payment)) − (TIF Credit)

(H)

Proportionate fair-share agreements.

(1)

Upon executing a proportionate fair-share agreement (agreement) and satisfying other concurrency requirements, an applicant shall receive concurrency approval for subject trips. Should the applicant fail to apply for building permits within the timeframe provided for in the Town concurrency approval, then the project's concurrency vesting shall expire and the applicant shall be required to reapply. Once a proportionate share payment for a project is made, other impact fees for the project are paid and all other aspects of the agreement are fulfilled, no refunds shall be given and trips shall be deemed vested. All vested trips shall run with the land.

(2)

All developer improvements accepted as proportionate fair-share contributions must be completed within three years of the issuance of the first building permit for the project which is the subject of the proportionate fair-share agreement (unless otherwise provided in the agreement) and be accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. The security instrument shall conform to specifications set by the Town Council and approved by the Town Attorney.

(3)

Dedication of necessary right-of-way for facility improvements pursuant to the agreement must occur at a date as specified in the agreement.

(4)

Any requested change to a development project subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would increase project costs or generate additional traffic that would require mitigation.

(5)

Applicants may withdraw from a proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the Town are nonrefundable.

(6)

The Town may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

(I)

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the Town capital improvements element, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

(2)

In the event a scheduled facility improvement is removed from the CIE, then the proportionate fair-share revenues collected for its construction may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative improvement will mitigate the impacts of the development project on the congested roadway(s) for which the original proportionate fair-share contribution was made.

(Ord. No. 571, § 1, 5-13-2024)

The proportionate fair-share mitigation provisions for public school facilities shall apply to any residential development project subject to school concurrency located in Indian River County where the school district has determined that there is insufficient public school facilities capacity to satisfy the development's public school facilities concurrency requirements. The school district shall process for consideration all requests for proportionate fair-share mitigation for public school facilities and shall administer resulting mitigation agreements in accordance with section 14.8 of the adopted "Interlocal Agreement for Coordinated Planning and School Concurrency" and the public school facilities element of the Town comprehensive plan.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Bond or secured obligation.

(1)

Submittal of required secured obligation/bond. At least five days prior to the time an application is made for a building permit for any building, the applicant shall deliver to the Town a secured obligation satisfactory to the Town Manager in the sum of $2,500, plus two percent of the cost of construction of the entire building as indicated on the application for building permit.

(2)

Exemptions. No site restoration secured obligation shall be required for:

(a)

Any project for which the costs of improvements do not $75,000;

(b)

The construction of any single-family residence in any zoning district; or

(c)

Town owned government facilities or any governmental facilities to be owned or constructed by the Town.

(3)

License requirement. If the secured obligation to be delivered is a corporate surety bond, the surety company must be licensed to do business in the State of Florida and be on the United States Treasury Department's list of approved surety companies.

(4)

Performance guarantee, abandonment and expiration. The secured obligation shall guarantee that the site will be promptly restored to its original state, so far as is possible, if the construction is abandoned. In default thereof, the amount of the security shall be paid, on demand, to the Town for its use in effecting the restoration or retained by it as liquidated damages if complete restoration is impossible or impracticable or if restoration costs would exceed the amount of the security. Construction shall be deemed to have been abandoned if the applicant or his successors or assigns so notify the Building Department, in writing, or if work on the premises ceases prior to the completion of the improvement and is not resumed within 30 days of the expiration of the building permit. The secured obligation shall have an expiration date at least one year after the expected construction completion date as reflected on the building permit application.

(B)

Permit inspections and documentation.

(1)

Erosion control requirements/inspections to commence prior to land clearing. Erosion and sedimentary control inspections will be performed by the Town to verify compliance with the approved site erosion and sediment control plan during the construction process. Inspections will occur at construction commencement, during construction and upon completion of construction. Erosion and control sediments shall be in place prior to any clearing, grubbing or grading activities other than that incidental activity necessary to install the perimeter controls. It shall be the responsibility of the developer/contractor to notify the Town within 72 hours of expected construction commencement and expected construction completion of all projects within the Town. If sufficient discrepancies are noted during the inspection, the developer/contractor shall be notified by the Town within 72 hours of the inspection detailing the discrepancies along with any applicable enforcement action. Applicable enforcement actions include but are not limited to sanctions, fines and stop work orders as deemed necessary by the Town's staff depending upon the severity of the discrepancy.

(2)

Permit documentation. The applicant shall provide all applicable permit documentation from various agencies for the project including, but not limited to, the St. Johns River Water Management District (SJRWMD), Florida Department of Transportation (FDOT), Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE), etc. as part of the plan review process prior to either construction plan approval or prior to the Town releasing Certificate of Occupancy for the project. The applicant shall include all applicable permits that have either been obtained or submitted such as SJRWMD Environmental Resource Permits (ERPs), FDEP National Pollutant Discharge Elimination System (NPDES), FDOT drainage and drive connection permits, etc. This list is given as basic guidance and is by no means all-inclusive. Each project under review shall be reviewed on a case-by-case basis.

(3)

Permits for tree removal and land clearing. Permits for tree removal, clearing of the land (except debrushing), excavation, grading or installation of utilities shall not be issued nor such work undertaken in areas beyond the limits of the area necessary for the construction of the building for which a building permit has been applied or site plan has been approved. The Town Building Department shall determine, in writing, the limits of the area necessary for the satisfactory completion of the permitted work and such determination shall be deemed a condition of the permit. The construction area shall be fenced to avoid damage to other areas where determined necessary by the Town Building Department. See chapter 167 of this Code.

(C)

Failure to restore site.

(1)

In the event the applicant, his successors or assigns fail to restore the site prior to abandonment, the Town shall notify the applicant and his surety, guarantor or security agent as appropriate by certified mail, addressed to the last address furnished by the parties to the Town, demanding performance or the guarantee sum deposit. Not later than ten days after the posting by the Town of the demand, the applicant or his surety, guarantor or security agent shall deposit with the Town Building Official the sum demanded by the Town. This may be either the estimated cost of restoring the site to its original condition as nearly as possible or the full sum of the secured obligation.

(2)

In the event there is a surplus in the deposit made on the Town's demand after restoration of the site, the Town shall refund to the depositor on his or her order the surplus after costs and expenses. If the amount received by the Town is insufficient to restore the site, the applicant shall not be relieved of his or her obligation to complete the improvement or restore the site; and the applicant shall, upon further demand by the Town, deposit the additional amount necessary to restore the site.

(D)

Town construction of abandoned structures. By accepting the building permit at the time of undertaking construction, the landowner and the builder or builder/developer as agent for the landowner represents to the Town the intention and ability to complete the construction for which the permit was requested. The landowner further consents to permit the Town to undertake certain construction on any building, structure or development having been undertaken and subsequently abandoned. The extent to which the Town may complete a structure or project is to make the exterior aesthetically pleasing and give the appearance of a finished structure so it will blend with structures in the surrounding area. In addition, the Town may take such actions as are necessary to protect the health, safety and welfare of the public, including, but not limited to, restoration of the site to its original condition, if practical, under the circumstances of each particular case.

(E)

Project amenities. Any developer of a proposed project within the Town shall identify, as specifically as possible, the time frame for completion of the amenities. It is the policy of the Town to require completion of amenities in compliance with the site plan commitment. In furtherance of this goal, the developer shall be required to explain in writing the proposed timing of amenities for the development. In addition, a developer may be required to post a reasonable sum or surety to carry out the contemplated expenditures for amenities and common element improvements. In the event the Town determines there is a failure to comply on the part of the developer, builder or owner, the Town shall notify the developer of such failure of compliance and may stop work on the project. Further, the Town may refuse to issue a certificate of occupancy or refuse to issue a building permit for any violation of this section in not completing amenities and common elements or in otherwise failing to comply with the provisions of this subchapter.

(F)

Procedural steps.

(1)

Notice of violation and hearing. Prior to instituting action to finish, improve or correct any structure or site that has been abandoned, the Town shall notify the owner or the owner's agent of the violation of this section and any other ordinance of the Town for which compliance is sought. A hearing shall be held before the Code Enforcement Board, subject to the notice and terms and conditions of the Code Enforcement Board as set forth in the Town Code of Ordinances.

(2)

Additional remedies.

(a)

In addition to utilizing funds and remedies as set forth in this section, the Town shall have all rights of enforcement of the Town Code of Ordinances through the use of the Code Enforcement Board under the authority vested in that Board.

(b)

This provision shall not supersede other remedies, but shall be in addition to the remedies permitted with the Code Enforcement Board.

(c)

Nothing in this section or any other related ordinances shall prevent the Town from taking legal action in addition to the other remedies herein.

(Ord. No. 571, § 1, 5-13-2024)

The plan or application requirements and the approval process shall be the same as for a site plan. The review criteria and additional regulations are found in the individual districts in chapter 160 of this Code.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Zoning map amendment.

(1)

Application. An application for a change of zoning map designation must be submitted to the Town Building Official and shall show the name of the owner of the property, his or her address, a legal description of the property, its present zoning classification and its proposed zoning classification. In addition, the application must be signed by the owner of the property or specific written authority from the owner for an agent to sign must be attached to the application.

(2)

Fee. The Town may establish a fee structure for the above application.

(3)

Sketch plan. At least two weeks prior to the Planning, Zoning and Variance Board meeting, the sketch plan shall be submitted to include the following:

(a)

Location of proposed buildings;

(b)

All roads and easements to be located on the property;

(c)

General location of proposed water and sewer lines; and

(d)

A general description of the project, including density.

(4)

Planning, Zoning and Variance Board public hearing. In the event of a Planning, Zoning and Variance Board public hearing for rezoning, a notice shall be published at least 14 days prior to the hearing stating the time and place of the hearing. In addition, all property owners within 300 feet of the outside boundary of the property to be rezoned shall be notified by certified mail 14 days prior to the hearing. The Town Building Official shall prepare a staff report on the request for the Board.

(5)

Town Council public hearing. After a public hearing on rezoning, the Planning, Zoning and Variance Board shall recommend to the Town Council to either accept or deny the rezoning request. The Council shall follow the provisions of F.S. ch. 166.041 in advertising for their public hearings.

(B)

Text amendment. Any amendment to the text of this chapter shall be approved like any other ordinance after the Planning, Zoning and Variance Board has made a recommendation to Town Council.

(Ord. No. 571, § 1, 5-13-2024)

References in this Code to the comprehensive plan and its elements including the future land use plan refer to the 1990 Indian River Shores comprehensive plan as may be amended from time to time. Such amendments shall be made in accordance with F.S. ch. 163.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Variance.

(1)

The Planning, Zoning and Variance Board. The Board shall have the power to recommend approval or denial of applications from the terms of this chapter as will not be contrary to the public interest where, owing to conditions unique to this site, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. The Town Council shall make the final decision.

(a)

The Town Building Official may grant approval of variances for encroachments by existing structures into building setback lines or easements of one foot or less. The application procedure and considerations in granting this variance shall be the same as set forth in section 165.04(D).

(b)

The Planning, Zoning and Variance Board may, without approval of the Town Council, approve variances for encroachments by existing structures into building setback lines or easements of three feet or less. The application procedure and considerations in granting this variance shall be the same as set forth in section 165.04(D).

(2)

Criteria. The Planning, Zoning and Variance Board shall approve a variance only after the applicant has demonstrated justification for the granting of a variance in conformance with the following criteria:

(a)

Special conditions. That special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of said land, structure or building.

(b)

Unique. That the circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.

(c)

Hardship. That the literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. It is of no importance whatsoever that the denial of the variance might deny to the property owner some opportunity to use the property in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter.

(d)

Self-created. That the hardship is not self-created or the result of mere disregard for or ignorance of the provisions of this chapter.

(e)

Minimum variance. That the variance is the minimum variance that will make possible the reasonable use of the property.

(f)

Adjacent property. That granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare and will be in harmony with the general intent of this chapter.

(g)

Use variance. Under no circumstances shall the Board grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(B)

Administrative appeal and re-submittal.

(1)

Appeal. Appeal from any action taken by the Planning, Zoning and Variance Board must be filed with the Town within 60 days of the action from which the appeal is taken. In the event any provision of the Land Development Code provides for a shorter appeal period, then said shorter period shall apply.

(2)

Re-submittals after denial.

(a)

Applicant must wait a period of one year following denial by the Planning, Zoning and Variance Board of any request for variance when the re-submittal is substantially the same as the denied request.

(b)

Any requests, other than a variance request for action by the Planning, Zoning and Variance Board, may be denied if the Board determines the issue has been previously addressed and denied within a one-year period of the submittal.

(c)

The Board shall also review any appeal of an administrative decision made by the Town Building Official in administering this chapter and make a recommendation to the Town Council.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Quasi-judicial hearings on land use matters. The Town Council and the Planning, Zoning and Variance Board, hereinafter referenced as "Board" as applicable, shall conduct quasi-judicial hearings on land use matters in accordance with the procedures set forth in this chapter. Land use matters shall include:

(1)

The rezoning of property which is limited to a single parcel or a limited number of property owners;

(2)

Subdivision plat approvals;

(3)

Site plans;

(4)

Variances;

(5)

Special use permits;

(6)

Conditional use permits;

(7)

Building permits;

(8)

Any other land use decisions which require quasi-judicial hearings; and

(9)

Siting of telecommunication towers and antennas.

(B)

Procedures. The following procedures and rules are adopted for quasi-judicial proceedings on land use matters:

(1)

Rule relating to nonparty and nonparty-interveners. Any person who is not a party or party-intervener shall be allowed to testify subject to procedural rules adopted by the Town Council and may be requested to respond to questions from members of the Town Council or from Planning, Zoning and Variance Board members as applicable. A nonparty or nonparty-intervener need not be sworn as a witness and shall not be required to be subject to cross-examination and need not be an expert witness.

(2)

Rule relating to party and party-interveners. A party or party-intervener, upon request by another party or party-intervener, shall be sworn as a witness and shall be subject to cross-examination by other parties or party-interveners, and if appropriate be qualified as an expert witness.

(3)

Ex parte communication prohibitions. Pursuant to F.S. § 286.0115, in a quasi-judicial proceeding on local government land use matters, a person may not be precluded from communicating directly with a member of the Town Council or Board member by application of ex parte communication prohibitions; provided that the substance of such communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter is made by a member of Town Council or Board member as applicable. In that case, the presumption of prejudice arising from such ex parte communication is removed.

(4)

Presentations at quasi-judicial hearing.

(a)

The Mayor or Planning, Zoning and Variance Board Chairman shall announce the procedure to be followed identifying the parties and order of presentation.

(b)

The party applicant or proponent of a land use matter may make a presentation not to exceed ten minutes, followed by questions from an adverse party or parties.

(c)

The party opponent may make a presentation not to exceed ten minutes, followed by questions from an adverse party or parties.

(d)

Following presentation by the parties, any nonparty may have up to three minutes for comment.

(e)

The party proponent shall have up to five minutes for closing remarks or presentations. Questions may be permitted on any matters that have not previously been discussed.

(f)

At the start of the hearing, the Mayor or the Board Chairman shall announce whether testimony and evidence is to be received from Town staff. The Town staff may be requested by the Mayor or Board Chairman to make remarks and explanations regarding the pending issue. Each party or party-intervener shall have a reasonable opportunity to question statements and evidence presented by staff.

(g)

Following all testimony and evidence as set forth above, the public portion of the hearing shall be closed and deliberation shall take place by the Town Council or the applicable Board. Questions may be asked by any Town Council or Board member during the deliberation process.

(5)

Extension of time. Any affected party or party-intervener who will be prejudiced by time limitations set in this procedure may request additional time from the Town Council or Board as appropriate.

(C)

Record of quasi-judicial hearing. A record of quasi-judicial hearings shall consist of the following:

(1)

Appropriate Town ordinances, comprehensive plan provisions and applicable portions of the Land Development Code;

(2)

The application and any supporting documents;

(3)

Staff recommendations;

(4)

Any written communication to the Town Council or Board as appropriate and relevant;

(5)

The meeting shall be recorded by the Town in a manner acceptable to the Town. The recording shall be retained by the Town. Any party requiring a court reporter or other method of transcription shall be required to provide same.

(D)

Basis for decisions. All decisions of the Town Council or the Board as applicable in a quasi-judicial proceeding on land use matters must be supported by substantial competent evidence in the record pertinent to the proceeding, irrespective of any ex parte communications made to a member or members of the Town Council or Board.

(Ord. No. 571, § 1, 5-13-2024)