The director shall review the applicability of all sections of this chapter to any application for permits. He shall administer all zoning actions such as variances, interpretations, special exceptions, site plan and appearance reviews and any other procedures described in this chapter. It shall be the director's responsibility to present all applications and plans to the appropriate boards or commissions for action. It is further the director's duty to provide the council and each board with a staff report indicating his findings and recommendations. He shall further carry out the duties as outlined in other parts of this chapter.

(Ord. No. 207, § 8.10, 8-8-1979; Ord. No. 689, § 3, 1-25-2017)

The planning and zoning board shall issue recommendations to the town council and zoning board of adjustment and appeals, as applicable, on all matters involving community planning, including, but not limited to, the comprehensive plan, site plan and appearance reviews, preliminary plat reviews, variances, administrative appeals, and special exception uses. The planning and zoning board shall have final decision-making authority on appearance review, specifically including architectural review, of detached single-family dwellings not located within an approved planned unit development. It shall exercise its power as defined in this chapter and as further established by F.S. ch. 163, part II. The planning and zoning board shall be the local planning agency required to be designated as such by F.S. § 163.3174.

(Ord. No. 207, § 8.20, 8-8-1979; Ord. No. 686, § 2, 8-10-2016; Ord. No. 745, § 2, 10-27-2021; Ord. No. 753, § 2, 9-28-2022)

The town council is the legislative body which enacts this chapter. It is the final approving body for all amendments and plan approvals where indicated in this chapter and as further determined by F.S. ch. 163, part II. It is further the intent of this chapter that the duties of the town council in connection with this chapter shall include hearing and deciding questions of interpretation that may arise, as regards appeals and other appropriate instances. The procedure for deciding such questions shall be as stated in this chapter.

(Ord. No. 207, § 8.30, 8-8-1979)

(a)

The code compliance official of the town shall be responsible for the enforcement of this chapter. He shall diligently enforce the chapter, making necessary inspections to this end and investigating promptly all complaints, reporting his findings and actions to complainants and using his best endeavors to prevent violations and to detect and secure the correction of violations.

(b)

If he shall find that any of the provisions of this chapter are being violated, he shall in writing notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land or structures, removal of illegal structural changes, discontinuance of any illegal work being done, and shall take or cause to be taken any other action authorized by this chapter or other laws of the town or the state to ensure compliance with, and prevent violations of, the provisions of this chapter.

(c)

He shall maintain records of all official actions of his office with relation to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of cases.

(Ord. No. 207, § 9.10, 8-8-1979)

No structure shall be erected, moved, added to, or structurally altered without a valid and legally issued permit therefor, issued by the zoning administrative official or designee, except such permit shall be construed to only allow uses and structures that are in conformance with the provisions of this chapter.

(Ord. No. 207, § 9.20, 8-8-1979; Ord. No. 689, § 3, 1-25-2017)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued stating that the proposed use of the building or land conforms to the requirements of this chapter, as well as to the requirements of the building code of the town.

(b)

A temporary certificate of occupancy may be issued for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. All work must be completed before a final certificate of occupancy will be issued.

(c)

The building department shall maintain a record of these certificates to be supplied to anyone upon request.

(d)

Failure to obtain such a certificate shall be a violation of this chapter and punishable as provided in section 34-34.

(Ord. No. 207, § 9.30, 8-8-1979)

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the town authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed to be a violation of this chapter, and punishable as provided in section 34-34.

(Ord. No. 207, § 9.40, 8-8-1979)

(a)

Violations of any of the provisions of this chapter or of any permit, site plan and appearance approval, variance or special exception granted hereunder, shall be punishable in the same manner as a misdemeanor by a fine not to exceed $500.00, or by imprisonment for not more than 60 days, or by both such fine and imprisonment, and, in addition, any violator shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

It shall also be a violation of this chapter for any person to destroy, move, remove or deface or obscure any sign or notice erected or posted pursuant to the requirements of this chapter.

(Ord. No. 207, § 9.50, 8-8-1979)

(a)

Legal remedies. In addition to the penalties and enforcement procedures provided in section 34-34, the town council may institute any lawful civil action or proceeding to prevent, restrain or abate:

(1)

The construction, erection, reconstruction, alteration, rehabilitation, expansion, continuation or use of any building or structure in violation of this chapter.

(2)

The occupancy of such building or structure on land or water.

(3)

The illegal act, conduct, business, or use of, in or about such premises.

(b)

Other administrative remedies.

(1)

Cease and desist orders. The town council shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.

(2)

Revocation or suspension of building permits and certificates of occupancy; appeal.

a.

Revocation. The town may revoke a building permit or certificate of occupancy in those cases where determination has been duly made that false statements or misrepresentations existed as to material facts in the application or plans upon which the permit or certificate was based.

b.

Suspension. The town may suspend a building permit or certificate of occupancy in those cases where determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

c.

Notice of appeal. All town decisions concerning the issuance, revocation, or suspension of a building permit or certificate of occupancy shall be stated in official written notice to the permit applicant. Any decision may be appealed to the board of adjustment.

(3)

Code enforcement special magistrate. Violations of the provisions of this chapter, or of any permit, site plan and appearance approval, variance or special exception granted hereunder, are deemed to be violations of this Code, and as such are subject to the jurisdiction of the town's code enforcement special magistrate.

(c)

Other lawful action. Nothing herein contained shall prevent the town from taking any other lawful action necessary to prevent or remedy any violation.

(Ord. No. 207, § 9.60, 8-8-1979)

(a)

In the event the granting of a rezoning, special exception, variance, site plan and appearance, or other approval hereunder is made subject to conditions which must be satisfied within a designated time period, the failure of the developer or property owner to satisfy any such condition within the designated time period (or any extension previously granted) shall result in review of the approval by the town council. Upon such review, the town council may take the following actions:

(1)

Institute appropriate proceedings to return the status of the subject property to its status prior to the approval. Such proceedings may include rezoning, revocation of special exceptions or variances and cancellation or revocation of permits.

(2)

Suspend further development of the subject property until the condition is satisfied.

(3)

Modify the conditions.

(4)

Extend the time required for compliance.

(b)

The developer or property owner may file an application with the director requesting an extension of any such condition at any time prior to the expiration of the designated time period. Upon receipt of such application, the director shall, in his discretion, either:

(1)

Grant an extension not to exceed six months; or

(2)

Deny the request, in which event the matter shall, upon the request of the developer or property owner, be reviewed by the town council as provided in subsection (a) of this section.

Provided, however, that the director shall not grant any extension if the approval could not be permitted under the laws in effect at the time the extension is requested.

(c)

If a condition does not designate a time period for its completion/compliance, two years shall be deemed to be the designated time period, unless it is clear from the grant of approval that a different designated time period was intended by both the town and the developer or property owner.

(Ord. No. 207, § 9.70, 8-8-1979; Ord. No. 454, 11-16-1994)

(a)

The town council shall establish by resolution a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates of occupancy, appeals, applications, and other matters pertaining to this chapter. The schedule of fees shall be on file in the office of the town clerk and may be altered or amended only by the town council. Fees collected are nonrefundable.

(b)

In the event the applicant fails to pay all fees, charges, costs, and expenses relative to the property subject to an application or appeal pursuant to this section or pursuant to any other Code section, including, without limitation, application fees, appeal fees, local business taxes, utility fees, payments, and connection charges, code enforcement board fines, and/or plan review fees, the town shall suspend all action on the application or appeal until all applicable fees, charges, costs and expenses have been paid by the applicant.

(c)

No development order application of any type shall be scheduled for consideration at any development review committee meeting or any workshop, regular meeting, special meeting, or public hearing of the planning and zoning board or town council unless all fines and liens owed to the town by the owner of the subject property and all fines and liens owed to the town by any agent, person or party representing the owner of the subject property with respect to the development order application under review have been paid and satisfied.

(Ord. No. 207, § 9.80, 8-8-1979; Ord. No. 406, 3-20-1991; Ord. No. 624, § 2, 8-26-2009)

(a)

There is hereby established a zoning board of adjustment and appeals (the "board of adjustment") for the town. The members of said board of adjustment shall be the duly elected mayor and councilmembers of the town. The mayor shall serve as the chairman of the board of adjustment.

(b)

The chairman and vice chairman of the planning and zoning board shall be ex officio members of the board of adjustment and shall serve as first and second alternate, respectively, in the event the mayor or any councilmember is unable to participate in any board of adjustment hearing.

(Ord. No. 207, § 12.00, 8-8-1979; Ord. No. 347, 10-19-1988; Ord. No. 685, § 2, 5-25-2016)

(a)

The board of adjustment shall have the power to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in enforcement of any zoning ordinance or regulation. In exercising its power, the board of adjustment may, in conformance with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, decision or determination made by the administrative official in the enforcement of any zoning resolution or regulation adopted pursuant to this chapter and make such order, recommendation, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

(b)

The board of adjustment shall further have the power to authorize upon appeal such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to specific conditions, a literal enforcement of the provisions of this chapter will result in an unnecessary and undue hardship. All variance requests shall first be considered by the planning and zoning board at a duly advertised public hearing. After consideration of the recommendation of the planning and zoning board, the board of adjustment shall not grant a variance from the terms of this chapter unless the board of adjustment finds that:

(1)

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

(2)

The special conditions or circumstances do not result from the actions of the applicant;

(3)

A granting of the variance requested will not confer upon the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same district;

(4)

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

(5)

A prior application for the granting of the variance had not been submitted within the preceding 12 months.

In granting any variance, the board of adjustment shall prescribe appropriate conditions and safeguards in conformity with this chapter. The board of adjustment may also prescribe a reasonable time limit within which the action for which the variance is required shall commence, be completed, or both.

(Ord. No. 207, § 12.01, 8-8-1979; Ord. No. 347, 10-19-1988; Ord. No. 686, § 3, 8-10-2016)

Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record and be immediately filed with the town clerk, who shall maintain the records.

(Ord. No. 207, § 12.02, 8-8-1979; Ord. No. 347, 10-19-1988)

The board of adjustment shall be governed by the following procedures:

(1)

Appeals to the board of adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the town council affected by any decision of the administrative official. Such appeal shall be taken within 30 days of the decision by the administrative official concerning the issue by filing with the administrative official and with the board of adjustment a notice of appeal specifying the grounds thereof. All notices of appeal shall be made by filing an application on forms provided by the town clerk. The clerk shall forthwith transmit to the planning and zoning board and board of adjustment all papers constituting the record upon which the decision appealed from was rendered.

(2)

No application shall be considered or construed to be completely filed until the application fee, as determined from time to time by the town council, shall have been paid.

(3)

The board of adjustment shall fix a reasonable time for the hearing of the appeal not to exceed 75 days from the date of filing of a complete application. Prior to the hearing before the board of adjustment, the planning and zoning board shall consider the appeal at a duly advertised public hearing and providing a recommendation to the board of adjustment.

(4)

The town shall give public notice at least once in a newspaper of general circulation in the town, at least seven days prior to the planning and zoning board hearing and at least 15 days prior to the board of adjustment hearing, at the expense of the petitioner.

(5)

At the hearing the petitioner may appear in person, by attorney authorized to practice in the state, or by any agent who has received from the petitioner and submitted to the board a written authorization for their appearance.

(6)

A notice containing the same information in the published notice aforesaid shall be mailed by the town clerk on behalf of the board of adjustment, at the expense of the petitioner, to the property owners of record, their tenants or their agents, within a radius of 300 feet of the property described in the application.

(7)

When an appeal is taken to the board of adjustment, all work and proceedings shall stop on the project or premises in question unless the administrative official from whom the appeal was taken shall certify in writing that a stay would cause immediate peril to life or property. In such case, work and proceedings shall not stop unless the board of adjustment or a court of competent jurisdiction issues a temporary restraining order after application to the board or court and notice to the administrative official from whom the appeal is taken.

(Ord. No. 207, § 12.03, 8-8-1979; Ord. No. 347, 10-19-1988; Ord. No. 686, § 3, 8-10-2016)

(a)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any officer or official upon zoning matters, or to grant a variance to the provisions of any existing zoning regulation.

(b)

Orders and decisions of the board shall be in writing, a copy of which shall be kept by the board, one copy shall be forwarded to the town clerk and shall become a public record, and one copy shall be given to the petitioner.

(Ord. No. 207, § 12.04, 8-8-1979; Ord. No. 347, 10-19-1988)

The town council may hear and decide only such special exceptions as the town council is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. Special exception procedures for planned unit developments are indicated in article V of this chapter. A special exception shall not be granted by the town council unless and until:

(1)

A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested. The planning and zoning board shall consider the application and conduct a public hearing following the requirements of subsections (3) and (4) of this section on the request. The planning and zoning board shall recommend to the town council either approval, approval with modification, or disapproval of the special exception.

(2)

After receiving the planning and zoning board's recommendation, the town council shall hold a public hearing following the requirements of subsections (3) and (4) of this section.

(3)

Unless otherwise required by state statutes, notice of each public hearing required hereunder shall be published at least 15 days in advance of the public hearing. The owner of the property for which special exception is sought or his agent shall be notified of the public hearing by mail at least 15 days in advance of the public hearing. Notice of each such hearing shall also be posted on the property for which a special exception is sought, and at the town center, at least 15 days prior to the public hearing.

(4)

At the public hearing, the applicant may appear in person, or by appropriately designated agent or attorney. Before taking action on any special exception request the town council shall make written findings of fact addressing the issues of whether the requirements of the section of the chapter described in the application have been met, and whether satisfactory provision and arrangement has been made that the special exception use will, where applicable:

a.

Provide for ingress and egress to the property and structures with particular reference to automotive and pedestrian safety and convenience, traffic flow and access in case of fire or catastrophe;

b.

Provide for parking and loading areas, refuse and service areas, with particular attention to subsection (4)a of this section and to their effects on surrounding property;

c.

Provide for screening and buffering with respect to type, dimensions and location;

d.

Provide for signs, if any, and proposed lighting;

e.

Provide for required yards and other open space;

f.

Not adversely affect the public interest;

g.

Comply with specific requirements governing the special exception requested;

h.

With conditions and safeguards attached, be generally compatible with adjacent properties and or property within the district;

i.

Not generate excessive noise or traffic;

j.

Not tend to create fire, disease or other equally or greater dangerous hazard;

k.

Be in harmony and compatible with the present and/or future developments of the area concerned;

l.

Conserve the value of buildings and encourage the most appropriate use of the land and water;

m.

Provide adequate light and air;

n.

Promote such distribution of population and such classification of land uses, development and utilization as will tend to facilitate and provide adequate provisions for public requirements, including but not limited to transportation, water flowage, water supply, drainage, sanitation, educational opportunities, and recreation;

o.

Conform to the character of the district and its peculiar suitability for particular uses;

p.

Be consistent with the needs of the town for land areas for specific purposes to serve the population and economic activities;

q.

Protect the tax base; and not create a financial burden on the town; and

r.

Not be disruptive to the character of neighborhoods nor adverse to playgrounds, parks, schools and recreation areas; nor adverse to the promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare.

(5)

Among other conditions and safeguards, the town council may prescribe reasonable time limits within which actions shall commence, be completed, or both.

(Ord. No. 207, § 10.00, 8-8-1979; Ord. No. 401, 9-17-1990)

The intent of site plan and appearance review is:

(1)

To ensure the best use and the most appropriate development and improvement of each lot in the town;

(2)

To protect the owners of lots to ensure that the use of surrounding lots will maintain or improve property values;

(3)

To ensure the erection thereon of well-designed and proportioned structures built of appropriate materials;

(4)

To preserve, as far as practicable the natural features and beauty of said property;

(5)

To obtain harmonious architectural themes; to encourage and secure the erection of attractive structures thereon, with appropriate locations thereof on lots;

(6)

To secure and maintain proper setbacks from streets and adequate open spaces between structures; and

(7)

In general, to provide adequately for a high type and quality of improvement in said property, and thereby enhance the property values and the quality of life in the town.

(Ord. No. 207, § 11.10, 8-8-1979)

No construction or clearing of land may begin in any district prior to review and approval of the site plan and appearance. The review shall consist of:

(1)

Consideration of the application by the development review committee (DRC), which may recommend approval, denial, or approval with modifications and/or conditions;

(2)

Consideration of the application by the town planning and zoning board, which may recommend approval, denial, or approval with modifications and/or conditions; and

(3)

Final review and approval or denial, or approval with modifications by the town council. Single-family detached dwellings not located within an approved planned unit development shall be subject to appearance review and approval or denial, or approval with modifications by the town planning and zoning board, with site plan review by the town planning and zoning department. Single-family dwellings within an approved planned unit development shall be subject to site plan and appearance review and approval only by the town planning and zoning department in accordance with the established design criteria. The criteria to be used in this review shall be to ascertain that the proposed site plan for new development meets the following criteria:

a.

Site plan criteria.

1.

Is in conformity with the comprehensive plan and is not detrimental to the neighboring land use;

2.

Has an efficient pedestrian and vehicular traffic system, including pedestrian, bicycle, and automotive linkages and proper means of ingress and egress to the streets;

3.

Has adequate provision for public services, including, but not limited to, access for police, fire and solid waste collection;

4.

Complies with the provisions of chapter 20, article III, regarding potable water, sanitary sewer, solid waste, drainage, recreation and open space, and road facilities;

5.

Is planned in accordance with natural characteristics of the land, including, but not limited to, slope, elevation, drainage patterns (low areas shall be used for lakes or drainage easements), natural vegetation and habitats, and unique physical features;

6.

Preserves environmental features and native vegetation to the maximum extent possible, and complies with the Environmentally Sensitive Lands Ordinance;

7.

Protects estuarine areas when concerning marina siting, drainage plans, alteration of the shoreline, provisions for public access and other concerns related to water quality and habitat protection;

8.

Complies with all sections of this chapter.

b.

Appearance review criteria.

1.

Is of an architectural style representative of or reflecting the vernacular of Old Florida style which is indigenous to the town and which is commonly known and identified by its late Victorian (Key West Cracker), Spanish revival (Mediterranean), Modern (early to mid-20th century), or combination thereof style of architecture. Summarized briefly, common features of the vernacular of Old Florida style that identify the Victorian (Key West Cracker), and Spanish revival (Mediterranean) architectural style include wood or concrete block with stucco siding; simple pitched roofs; tile, metal, or asphalt roofs; ornate details such as but not limited to exposed soffits, individualized vent and louver shapes, reliefs, and detailed window and door treatments; lush landscaping with private yards; and use of porches, balconies and patios. Common features of the vernacular of Old Florida Style that identify the Modern (early to mid-20th century) architectural style include clean geometric lines, often at right angles; an emphasis on function; materials such as glass, steel, iron, and concrete; and the use of natural light though large and expansive windows;

2.

Is of a design and proportion which enhances and is in harmony with the area. The concept of harmony shall not imply that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of setback, scale, mass, bulk, proportion, overall height, orientation, site planning, landscaping, materials, and architectural components including but not limited to porches, roof types, fenestration, entrances, and stylistic expression. For the purpose of this section, the comparison of harmony between buildings shall consider the preponderance of buildings or structures within 300 feet from the proposed site of the same zoning district;

3.

Elevator and stairwell shafts and other modern operations and features of a building shall be either completely concealed or shall incorporate the elements of the architectural style of the structure; rooftop equipment and elevator and mechanical penthouse protrusions shall be concealed; and parking garages and other accessory structures shall be designed with architectural features and treatments so that they are well proportioned and balanced and in keeping with the architectural style of the principal structure;

4.

Shall have all on-site structures and accessory features (such as but not limited to light fixtures, benches, litter containers, including recycling bins, traffic and other signs, letter boxes, and bike racks) compatible in design, materials, and color;

5.

Shall have a design in which buildings over 40 feet in height shall appear more horizontal or nondirectional in proportion rather than vertical, accomplished by the use of architectural treatments as described in these criteria;

6.

Shall locate and design mechanical equipment with architectural treatments so that any noise or other negative impact is minimized;

7.

Complies with the town's community appearance standards (see article IV, division 14 of this chapter).

(Ord. No. 207, § 11.20, 8-8-1979; Ord. No. 517, 12-1-1999; Ord. No. 678, § 2, 12-10-2014; Ord. No. 689, § 4, 1-25-2017; Ord. No. 745, § 3, 10-27-2021; Ord. No. 753, § 3, 9-28-2022; Ord. No. 763, § 3, 7-26-2023; Ord. No. 780, § 2, 1-24-2024)

Each site plan and appearance approval request shall include the items stated in the town's site plan and appearance approval checklist which is part of the town's development application form, as it may be amended by the director from time to time. The development application form is available at the office of the planning and zoning department. When applicable, all plans submitted pursuant to this division shall require a state registered/licensed architect, engineer, and/or landscape architect seal with signature.

(Ord. No. 207, § 11.30, 8-8-1979; Ord. No. 689, § 4, 1-25-2017)

A minor amendment to a previously approved site plan and appearance approval may be approved by the director. The director shall make a written determination as to the approval, denial, or approval with modifications and/or conditions within 30 calendar days after the director has determined that the application and required supporting materials have been filed and are complete. A minor amendment shall be approved only if it meets the following requirements:

(1)

Any increase in the total floor area of any principal structure does not exceed ten percent, and there is no increase in the number of principal structures or in the number of residential dwelling units as specified by the previously approved site plan. However, a decrease in the total floor area of any building, or reduction of the number of principal structures, stories, or units as specified by the approved site plan may be approved as a minor amendment.

(2)

There is no change in the boundary of the approved plan.

(3)

Rearrangement of uses or locations on a property may be permitted unless they conflict with a specific provision herein or condition of the approved site plan.

(4)

There is a relocation of no more than ten percent of the total building footprint on a site. For example, if there are two buildings on a site and each has 5,000 square feet of building footprint, then the total building footprint for the site is 10,000 square feet.

If one building relocates 500 square feet and the other building relocates 1,000 square feet, then the total relocation is 1,500 square feet out of 10,000 square feet. This is a relocation of 15 percent of the total building footprint and would qualify as a major amendment under this provision.

(5)

Any increase in traffic generation shall be by no more than ten percent above that established by the site plan previously approved by town council. However, the county's traffic performance standards as specified in section 7.9 of the county Unified Land Development Code must be adhered to.

(6)

There is no increase in negative impacts on adjacent properties.

(7)

There is no major alteration in the architectural design. Major alteration in design shall mean any change in the character of the structure. However, an amendment to a previously approved site plan that was not reviewed under the current appearance criteria in section 34-116(2)b may be amended in architectural design to conform with the current appearance standards and not be considered a major alteration.

(Ord. No. 207, § 11.40, 8-8-1979; Ord. No. 434, 12-16-1992)

(a)

A site plan and appearance approval shall be valid for two years from the date of such approval. If commencement of development has not begun prior to the date of two years following the approval date, said site plan and appearance approval shall become null and void. Commencement of development shall consist of receipt of a validly issued building permit and the first building inspection approval for a minimum of one principal structure or completion of 25 percent of the total cost of the infrastructure (water, sewer, roads, and drainage) on the site. Infrastructure costs for the project shall be reviewed and approved by the town engineer prior to final engineering plan approval.

(b)

Prior to the expiration of the two-year period, a one-year extension to commence development may be applied for with the town council. An extension may be granted upon a determination by the town council that the applicant has made a good faith effort to commence construction but has been prevented from doing so for reasons beyond the control of the applicant. The town council may, at the request of the applicant and in the exercise of its discretion, grant additional extension(s) pursuant to this paragraph when warranted by the totality of the circumstances.

(Ord. No. 207, § 11.50, 8-8-1979; Ord. No. 623, § 2, 8-26-2009)

The town council may amend the regulations and districts established in this chapter, subject to the requirements and procedures set forth in this division.

(Ord. No. 207, § 13.00, 8-8-1979; Ord. No. 450, 5-11-1994)

(a)

Except as provided herein, the zoning regulations set forth in this chapter may be amended, supplemented, changed or repealed in the same manner as other ordinances of the town, subject to applicable law. In addition, the planning and zoning board shall hold a public hearing on such matters. The public hearing shall be noticed in a newspaper of general circulation in the town a minimum of five days prior to the hearing.

(b)

A petition to designate a zoning classification or rezone any land within the town may be filed by the town or by the owner or authorized agent of the owner of property within the town. After the director has determined that a petition has been properly filed and is complete with all required supporting materials, the planning and zoning board shall set a date for a public hearing on the petition. The public hearing shall take place within 60 days of the determination by the director that a petition has been properly filed and is complete. All requirements of F.S. ch. 166 shall be followed in providing notice for a public hearing on such petition.

(c)

In addition to any statutory notice requirements applicable to a petition to designate a zoning classification or to rezone any property within the town, the town shall, as a courtesy, notify all property owners within 300 feet of the property subject to such a petition. The courtesy notices required by this section shall be sent by mail or provided by hand delivery. In addition to the courtesy notices described herein, the town shall require the property owner to post the notice on the property subject to a petition for rezoning. The notice shall be approved by the director and shall state:

(1)

The proposed zoning district;

(2)

The hearing dates when the petition is scheduled to be heard by the town planning and zoning board and by the town council, which date shall be at least 15 days after the date the notice is mailed and posted on the property; and

(3)

That a copy of the rezoning petition is on file for inspection in the town planning and zoning department.

Except as otherwise required by F.S. ch. 166, failure of the town to provide either courtesy notices or to post a rezoning notice on the subject property shall not invalidate any action taken by the town on a petition.

(Ord. No. 207, § 13.10, 8-8-1979; Ord. No. 341, 8-17-1988; Ord. No. 365, 5-17-1989; Ord. No. 408, 4-17-1991)

(a)

At the public hearing described in section 34-138, the petitioner may appear in person, or by appropriately designated agent or attorney. If the petitioner requests a postponement and a new notice is required, the petitioner shall pay the costs of such new notice.

(b)

Following the public hearing, the planning and zoning board shall, by motion, adopt its recommendations, which may include changes from the original proposal as a result of the hearing, and transmit such recommendations to the town council. The planning and zoning board's failure to adopt recommendations by motion shall be treated as no recommendation.

(Ord. No. 207, § 13.30, 8-8-1979)

The town council shall set a date for its public hearing, which shall not be more than 90 days from the date the planning and zoning board considered the request.

(Ord. No. 207, § 13.40, 8-8-1979)

(a)

At the public hearing described in section 34-140, the petitioner may appear in person, or by appropriately designated agent or attorney. If the petitioner requests a postponement and a new notice is required, the petitioner shall pay the costs of such new notice.

(b)

Following the public hearing, the town council may grant the petition, deny the petition, or grant the petition with conditions or modifications; provided, however, that:

(1)

No land shall be rezoned that was not described in the public notice; and

(2)

No land may be rezoned to a less restrictive use or different classification than that described in the public notice.

(Ord. No. 207, § 13.50, 8-8-1979)

(a)

The planning and zoning board shall not recommend, nor the town council pass, any amendment except on substantial proof that it is in accordance with the comprehensive plan and sound zoning practice, and will serve to promote the purposes of zoning as provided by state law. Criteria which follow principles of sound zoning practice include but are not limited to:

(1)

If the proposed change is consistent with the established land use pattern;

(2)

If the proposed change would create a related district to adjacent and nearby districts;

(3)

If the proposed change would naturally alter the population density pattern and thereby reasonably maintain, or concurrently increase the availability of public facilities such as utilities, streets, etc.;

(4)

If the proposed change would be consistent with the comprehensive plan;

(5)

If changed or changing conditions make the passage of the proposed amendment necessary;

(6)

If the proposed change will maintain or positively influence living conditions in the neighborhood;

(7)

If the proposed change will maintain or improve traffic conditions, or otherwise address traffic-related public safety issues;

(8)

If the proposed change will maintain or improve drainage conditions;

(9)

If the proposed change will relatively maintain, or allow for appropriate light and air conditions to adjacent areas;

(10)

If the proposed change will maintain or improve property values in the adjacent area;

(11)

If the proposed change will promote the improvement of development of adjacent property in accordance with existing regulations;

(12)

If the proposed change benefits the public welfare as opposed to resulting in a grant of special privilege to an individual owner;

(13)

If there are substantial reasons why the property requires a change from existing zoning;

(14)

Whether the change suggested is to scale, or appropriately balanced with the needs of the neighborhood or the town;

(15)

After using reasonable diligence, the petitioner can demonstrate there is a reasonable lack of alternative sites available in the town for the proposed use.

(b)

No amendment to rezone property shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is rezoned.

(c)

Except where the proposal for the rezoning of property involves an extension of an existing use boundary, no change in the zoning classification of land shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage unless otherwise provided for herein.

(d)

If the recommendation of the planning and zoning board is adverse to any proposed change, such change shall not become effective except by the affirmative vote of a majority of the entire membership of the town council.

(e)

Whenever the town council has changed the zoning classification of property, the town council shall not then accept or consider a petition for rezoning of all or any part of the same property for a period of one year from the effective date of the amendment changing the zoning classification.

(f)

Whenever the town council has denied a petition for rezoning of property, the town council shall not thereafter:

(1)

Accept or consider any further petition for substantially the same rezoning of all or part of the same property for a period of 18 months from the date of such denial; or

(2)

Accept or consider any petition for any other kind of rezoning on all or any part of the same property for a period of one year from the date of such action.

(g)

Nothing contained in subsection (c), (e) or (f) of this section shall prevent the initiation of amendments by the town, provided that such amendments meet the remaining requirements of this section.

(Ord. No. 207, § 13.60, 8-8-1979; Ord. No. 694, § 2, 5-24-2017)

It is hereby found and determined that the public interest, convenience, health and safety require the establishment of police and general administrative services impact fees for new construction within the town. The construction of publicly owned governmental buildings or facilities shall be exempt from such impact fees.

(Ord. No. 207, § 14.00, 8-8-1979; Ord. No. 398, 9-17-1990; Ord. No. 452, 11-8-1995)

(a)

Residential property. All owners of residential property within the town shall, prior to the issuance of a building permit, pay to the town the sum of $32.32 per dwelling unit for new construction as a police services impact fee.

(b)

Nonresidential property. All owners of nonresidential property within the town, including, but not limited to, hotels, motels, and commercial buildings, shall, prior to the issuance of a building permit, pay to the town the sum of $0.0824 per square foot for new construction as a police services impact fee.

(c)

Expenditure of funds. All funds collected hereunder shall be deposited into an interest-bearing account to be known as the police services fund, with all interest to accrue to the benefit of the town. Funds deposited therein shall be expended only for the purposes of the improvement and expansion of police services and the acquisition of related equipment within the town.

(Ord. No. 207, § 14.19, 8-8-1979; Ord. No. 345, 10-19-1988)

(a)

Residential property. All owners of residential property within the town shall, prior to the issuance of building permit, pay to the town the sum of $298.35 per dwelling unit for new construction as a general administrative services impact fee.

(b)

Nonresidential property. All owners of nonresidential property within the town, including, but not limited to, hotels, motels, and commercial buildings, shall, prior to the issuance of a building permit, pay to the town the sum of $0.5134 per square foot for new construction as a general administrative services impact fee.

(c)

Expenditure of funds. All funds collected hereunder shall be deposited into an interest-bearing account to be known as the general administrative services fund with all interest to accrue to the benefit of the town. Funds deposited therein shall be expended only for the purposes of the improvement and expansion of government services, park and recreation services, maintenance services, code enforcement services and general administrative services and the acquisition of related equipment within the town.

(d)

Credits or waivers. The town council may provide the owner of residential or nonresidential property with a credit or a waiver as to said administrative services impact fee for on-site or recreational facilities.

(Ord. No. 207, § 14.20, 8-8-1979; Ord. No. 345, 10-19-1988)

The impact fees assessed hereunder shall adjust on January 1 of each year beginning January 1, 1997, by a percentage equal to the percentage change in the Engineering News-Record Construction Cost Index over the 12-month period ending November 30 of the previous year. The adjustment shall occur automatically, without any action required by the town council. In the event the Engineering News-Record Construction Cost Index is no longer published, the town council may, by resolution, substitute an index they determine to be comparable to the Engineering News-Record Construction Cost Index, and such index shall thereupon be the basis for all future adjustments to the impact fees assessed herein.

(Ord. No. 207, § 14.21, 8-8-1979)

(a)

There are hereby assessed the impact fees stated herein on all development issued a building permit for which a complete application was made on or after January 1, 1996. For those land uses which do not require a building permit, the impact fees stated herein are hereby assessed on the final development order approved for which a complete application was made on or after January 1, 1996.

(b)

For applications which are pending on January 1, 1996, or January 1 of any subsequent year, the building permit must be issued within 30 days of the date the application is approved for issuance of the building permit; and the construction must proceed in good faith or the impact fees stated herein, or as may be automatically adjusted, will be assessed. It is the responsibility of the applicant for the building permit to ensure the permit is issued once the application is approved for issuance. For the purpose of this section, construction shall be presumed to be proceeding in good faith if an inspection is scheduled on completed work prior to 180 days following the issuance of the building permit or the previous approved inspection, as the case may be. For the purpose of this section, the application shall be considered to have been approved for issuance of the building permit when the building official has completed review of the application and the plans and specifications, determined that the Florida Building Code, as amended, is met, and is prepared to issue the building permit upon payment of all fees.

(c)

There are hereby assessed impact fees stated herein, or as may be automatically adjusted, on all development for which the building permit application was made prior to June 1, 1995, or June 1 of any subsequent year, and for which the building permit expired, lapsed, or was abandoned or canceled, and then renewed on or after January 1, 1996, or January 1 of any subsequent year.

(Ord. No. 207, § 14.22, 8-8-1979)

(a)

Funds collected hereunder shall be encumbered within six years of the date of payment and spent within nine years of the date of payment or refund shall be made provided the requirements of subsection (b) of this section are met.

(b)

The then-present owner must petition the town for the refund within one year following the end of the sixth or ninth year, as the case may be, from the date on which the impact fee was paid. The petition must contain the following:

(1)

A notarized statement that the petitioner is the current fee simple owner of the property and is entitled to the refund, and the basis for the refund;

(2)

A copy of the dated receipt issued for payment of the impact fees; or other proof of the date and amount of payment of the fees for the development;

(3)

A certified copy of the latest recorded deed; and

(4)

A copy of the most recent ad valorem tax bill.

(c)

Within three months from the date of receipt of a petition for refund, the town shall advise the petitioner of the status of the fee requested for refund. For the purpose of this section, fees collected shall be deemed to be encumbered and spent on the basis of the first fee in shall be the first fee out. In other words, the first money placed in the impact fee fund account shall be deemed to be the first money taken out of that account when withdrawals have been made.

(d)

When the money requested is still in the trust fund after the petition has been made and has not been encumbered by the end of the calendar quarter immediately following six years from the date the fees were paid or has not been spent by the end of the calendar quarter immediately following nine years from the date the fees were paid, the money shall be returned with interest accrued at the rate of six percent per annum.

(Ord. No. 207, § 14.23, 8-8-1979)

Any appeal from the application of the town's impact fee provisions shall be made in writing to the town manager within 30 days of the decision or action complained of. An adverse decision by the town manager may be appealed to the town council by filing a written appeal with the town manager stating the basis for such relief within ten days of the town manager's decision. The town council shall not modify or reject the town manager's decision if it is supported by competent substantial evidence.

(Ord. No. 207, § 14.24, 8-8-1979)

As often as the town council may deem necessary, but in any event at least every five years, the terms and provisions of this division shall be reviewed.

(Ord. No. 207, § 14.25, 8-8-1979)

Any party submitting an application pursuant to this chapter shall pay a nonrefundable application fee, plus any additional costs as specified in section 34-205.

(Ord. No. 207, § 15.00, 8-8-1979; Ord. No. 344, 10-19-1988)

The town manager shall provide to the town council an application fee schedule to be adopted by resolution, which shall be amended from time to time to meet the impact of the cost of such application procedures for the town.

(Ord. No. 207, § 15.01, 8-8-1979; Ord. No. 344, 10-19-1988)

The town manager shall have the discretion to reduce or waive said application fees when deemed to be in the best interest of the town.

(Ord. No. 207, § 15.02, 8-8-1979; Ord. No. 344, 10-19-1988)

(a)

Purpose and applicability. In order to address possible or alleged violations of federal and state laws, subsequent to implementation of Chapter 34, "Zoning," of the Code of Ordinances or its related rules, policies, and procedures in advance of costly litigation, zoning relief may be granted pursuant to this section.

(b)

Application. A person or entity shall request relief under this section prior to filing a lawsuit, by completing a zoning relief request form, which is available from the town's planning and zoning department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(c)

Notice. The town shall display a notice of the request for zoning relief on the town's public notice bulletin board and shall maintain copies available for review in the planning and zoning department and the town clerk's office. The notice shall advise the public that a request for zoning relief under federal or state law is pending. The location, date and time of the applicable public hearing shall be included in the notice. A notification containing this information shall also be mailed by the town clerk at least 15 days prior to the public hearing to the property owners of record, their tenants or their agents, within a radius of 300 feet of the property described in the request, if the request is site-specific.

(d)

Application and hearing. A hearing officer appointed by the town in accordance with subsection (k) of this section shall have the authority to consider and act on requests for zoning relief submitted to the planning and zoning department. A public hearing shall be held by the hearing officer on the request for relief within 45 days of receipt of a completed application, unless the applicant agrees in writing to extension of the hearing date. A final written determination shall be issued by the hearing officer no later than 30 days after the conclusion of the public hearing. The final written determination may: (i) grant the relief requested, (ii) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or (iii) deny the request. Any determination shall be final, in writing, and shall state the reasons for the decision. The final written determination shall be provided to the town and sent to the applicant by certified mail, return receipt requested.

(e)

Additional information. If necessary, prior to the public hearing, the town may request additional information from the applicant, specifying in sufficient detail what information is required. In the event a request for additional information is made to the applicant by the town, the 45 day time period to hold a public hearing shall be extended to 90 days to include the time necessary to seek and review the additional information. The applicant shall have 15 days after the date the information is requested to provide the additional information. If the applicant fails to timely respond with the requested additional information, the town shall notify the applicant and proceed with scheduling a public hearing; however, the applicant and the town may extend the time period for conducting the hearing by mutual agreement. The hearing officer will issue a final written determination regarding the relief requested as required in subsection (d) of this section, based on the information in the town's possession at the time of the public hearing.

(f)

Criteria. In determining whether the zoning relief request shall be granted or denied, the applicant shall be required to establish:

(1)

The applicant is a potential claimant under federal or state law, including applicable legal precedent; and

(2)

The applicant believes in good faith that the town, through implementation of its Code, has intentionally or unintentionally violated federal or state law, for the reasons stated in the zoning relief request; and

(3)

The applicant satisfies the standard for relief set forth in the applicable federal or state statute(s) or legal precedent.

(g)

Exhaustion required. Completion of the zoning relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the town or the applicant. Completion of the zoning relief procedures shall constitute the exhaustion of all administrative remedies available from the town.

(h)

Effect while pending. While an application for zoning relief or appeal of a determination of same is pending before the town, the town will not enforce the Code, rules, policies, and procedures which are the subject of the request against the applicant, except that the town may seek relief through the code enforcement procedures of Article VI "Code Enforcement" of Chapter 2 "Administration" or through injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(i)

Appeals. The applicant or the town manager may appeal the decision of the hearing officer on a request for zoning relief to the town council in accordance with the following procedures:

(1)

The denial or other disputed determination of a request for zoning relief pursuant to this section may be appealed to the town council by filing a notice of appeal, on a form provided by the town manager, within 30 days of the date of the issuance of the final written determination by the hearing officer in accordance with subsection (d).

(2)

After receipt of the notice of appeal, the appeal will be placed on a town council agenda for a hearing within 60 days, with public notice provided as required by subsection (c). At the hearing, the applicant and the town may present evidence and testimony relating to the issues appealed, and the standard of review for such appeal shall be de novo.

(3)

At the hearing, the town council shall grant the appeal, deny the appeal or grant the appeal subject to conditions.

(j)

Additional provisions for zoning relief. The following provisions shall be applicable:

(1)

The town shall display a notice in its public notice bulletin board and on its website advising the public of this zoning relief procedure and that applications for zoning relief may be obtained from the planning and zoning department.

(2)

An applicant may apply for zoning relief on his or her own behalf, or may be represented at all stages by a representative designated by the applicant.

(3)

The town shall provide such assistance and accommodation as is required pursuant to federal and state law, in connection with a disabled person's request for zoning relief, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure that the process is accessible.

(k)

Hearing officer. The town manager shall appoint one or more hearing officers for a three-year term. A hearing officer shall be: (1) a retired judge who has served in either the circuit court or a higher Florida court or as a federal district judge or circuit federal judge, or (2) a retired hearing officer of the State of Florida; or (3) a practicing member of the Florida Bar with at least five years of experience in the field of land use. A hearing officer shall not reside or own property within or otherwise be employed by the town. If more than one hearing officer is appointed, each hearing officer shall be assigned to particular applications on a rotating basis. The town manager shall notify each hearing officer of each such rotating assignment.

(Ord. No. 668, § 3, 5-28-2014)