a)

In general. No development activity shall be undertaken unless the activity is authorized by a development order reflecting conformance with the requirements of this Code.

A development order shall be issued by the Town only after the approval of conceptual or final development plans or a Memorandum of Agreement, as required by the Land Development Regulations. A development order allows for the initiation of development activities, including land clearing, site preparation, utility construction, road construction, and building construction or for the rezoning of land to PUD, PFD or CP.

b)

Exceptions to the requirements for a development order. A development order is not required for the following activities, when the proposed development conforms to the standards and permitting requirements of the Town of Lady Lake Land Development Regulations (hereinafter referred to as "the Code"):

1)

The construction or alteration of a one- or two- family dwelling on a lot of record as of the date of adoption of this Code, or lot created under the terms of the Code.

2)

The construction of an accessory structure on a previously developed single-family lot.

3)

The construction of an accessory structure not exceeding two hundred (200) square feet on a nonresidential lot previously granted site plan approval.

4)

The alteration of an existing structure which does not enlarge the effective size or capacity of the structure.

5)

Demolition of a structure.

6)

The clearing of trees or vegetation, changing of grade, or alteration of wetlands when independent of other development activity on the site.

7)

The resurfacing of a vehicle use area.

c)

Contents. A development order shall include the following:

1)

The name of the proposed development, the legal description of the property, and, where appropriate, its street address.

2)

The approved development plans which show the proposed development activity.

3)

The name of the project engineer, date of the approved plans, and the latest revision number on the plans.

4)

Reference to any development agreements or other legal documents that are a part of, or control, the proposed development.

5)

Any special conditions of the development approval, such as off-site improvements, phasing, or other actions or events required prior to the issuance of building permits or certificates of occupancy.

6)

The issuance and expiration dates of the development order.

7)

Any approved permit packages from other agencies with jurisdiction.

d)

Conditions of issuance. All development orders are issued contingent upon the following:

1)

The accuracy of information provided in the development plans and associated documents. Inaccuracies that affect compliance with the Town Code, or the soundness of engineering design, may be considered grounds for the voiding of a development order.

2)

Copies of all permits from federal, state, and regional or county agencies with jurisdiction over any portion of the proposed development shall be presented to the Town prior to the issuance of the development order. The Town Manager may issue limited permits for activities not related to outstanding agency permits unless there is reason to believe that such permits may not be forthcoming or may substantially deviate from the approved plans.

3)

The clarification of discrepancies within the approved plans or associated documents. Where there are contradictions or discrepancies, the Town may require their correction based on the requirements of the Code, and as appropriate to the internal consistency of the documents.

e)

Expiration of a development order. All development orders shall have an expiration date clearly noted, after which construction may not begin unless construction has been initiated prior to the expiration date. Expiration dates shall be as stated in the individual chapters.

1)

Improvement plan approval for subdivisions and P.U.D.s shall expire after twenty-four (24) months from the date of issuance if no final plat of a phase or of the total project has been initiated.

2)

Site development plan approval shall expire after one (1) year from the date of issuance. (See extension policy below.)

3)

Conceptual plans for PUD, PFD and CP zoning approvals shall expire based on the terms of the approved development agreement and any phasing plan therein.

f)

Extension of expiration date. The expiration date for a development order may be extended as stated under the specific regulations in the chapters relating to the individual type of development or situation.

g)

Modification of a development order. Modifications to development orders shall be as stated in the specific regulations in the chapters relating to the individual type of development or situation.

(Ord. No. 2006-77, § 1A.(Exh. A), 12-22-2006)

State Law reference— Denial of development permits, F.S. § 166.033.

a)

In general. The Town, through a Developer Agreement negotiated between the Town Manager and the developer, may participate in the construction of certain upsized improvements designed to serve the future needs of the Town beyond the requirements for an individual development project.

b)

Participation reimbursement requirements.

1)

Where Town cost participation is allowed and desired, the developer shall obtain and submit to the Town a minimum of three (3) signed and dated bids on the project from reputable contractors, qualified and capable of performing the work. The bid format should clearly delineate the construction eligible for participation, including all engineering related expenses. Upon review by appropriate Town staff, a recommendation for the amount and form of participation will be forwarded to the Town Commission for approval.

2)

Town participation may be awarded in the form of cash reimbursement, impact fee credits, or a combination of the two.

3)

Participation credits or reimbursement will be made upon the terms of the development agreement executed between the Town and the developer.

State Law reference— Florida Local Government Development Agreement Act, F.S. § 163.3220 et seq.

a)

Applications. Application for voluntary annexation per the requirements of F.S. § 171.044, or as amended, may be initiated by any person, board or agency. The requirements of this section are in addition to the requirements of applicable state law.

1)

Applications shall be made on the appropriate forms provided by the Town and shall be accompanied by the appropriate review fee.

2)

Applications for annexation shall include a legal description of the property and sketch or survey of the property.

3)

Applications for annexation shall be accompanied by concurrent Comprehensive Plan Amendment and Rezoning applications for the subject property or properties.

4)

Subject to the additional requirements set forth herein, applications for annexation may be made at any time. The Town Commission shall consider the request at the first available meeting in compliance with F.S. §§ 171.044, or as amended, and shall make the final decision for processing of the proposed annexation.

b)

Notification of public hearing. Notice of the annexation must be published at least once each week for two (2) consecutive weeks prior to the First Reading. At least fourteen (14) days prior to the Planning and Zoning Board hearing, notice shall also be posted on the subject property of the annexation. This is superseded by the requirements of F.S. § 171.044, or as amended, when applicable. Not fewer than ten (10) days prior to publishing the advertisement for the annexation, the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located.

c)

Procedure for public hearing. The following procedures are in addition to, or where in conflict superseded by, those required by state law.

1)

Planning and zoning board action. The Planning and Zoning Board shall consider and make recommendations to the Town Commission on every proposed annexation application.

2)

Town commission. The Town Commission shall consider recommendations of the Planning and Zoning Board before taking action on the proposed annexation. However, if the Planning and Zoning Board fails to make a recommendation within thirty (30) days of the amendment's first consideration by that body, then the Town Commission may take action based upon an assumed recommendation of approval from the board.

d)

Criteria for review of annexation. When considering an annexation, the Planning and Zoning Board, and the Town Commission shall consider its consistency with F.S. § 171.044 (1) and the Interlocal Service Boundary Agreement (ISBA) adopted under Ordinance 2013-40.

e)

Withdrawal and denial of applications; twelve (12) month bar to re-file. Any application for any action provided by this section may be withdrawn by the applicant. However, if notice of the planning and zoning hearing as set forth in subsection b), above, has already been given, the application must be withdrawn at a public hearing of either the Planning and Zoning Board or the Town Commission. Applications which were withdrawn by the applicant after notice of the planning and zoning hearing was given or which were denied by the Town Commission at the final hearing, shall not again be accepted by the Town until twelve (12) months have passed from the date said application was withdrawn or denied. For the purposes of this section, any application for an annexation concerning the same property (in whole or in part) which was the subject of the prior application, which was withdrawn or denied, shall not be accepted until twelve (12) months have passed from the date said application concerning said property (in whole or in part) was withdrawn or denied. Fees paid shall not be refundable if any expense has been incurred by the Town of Lady Lake for public notice.

f)

Waiver of twelve (12) month bar to re-file and of prohibition on multiple amendments. The Town Commission may waive the twelve (12) month prohibition for multiple applications set forth in above subsection e), above or the twelve (12) month bar set forth in subsection f), above should it determine, by a majority vote, that a waiver is necessary to prevent injustice or to promote the health, safety, and general welfare of the Town of Lady Lake.

(Ord. No. 2024-23, § 1(Exh. A), 11-18-2024)

a)

Applications. Application to rezone land under the Code may be initiated by the landowner(s), Town, Planning and Zoning Board or Town Commission. The requirements of this section are in addition to the requirements of applicable state law.

1)

Applications shall be made on the appropriate forms provided by the Town and shall be accompanied by the appropriate review fee.

2)

Applications shall include a legal description of the property, sketch or survey of the property, proof of ownership, and authorization from the owner if represented by an agent or contract purchaser. If the rezoning is to Manufactured Homes High Density (MH-9), a Master Park Plan shall be submitted.

3)

Applications for rezoning shall be submitted no later than fourteen (14) days in advance of the regularly scheduled TRC meeting in order to be considered at that meeting.

b)

Notification of public hearing. These requirements are superseded by the requirements of F.S. § 166.041(2), or as amended, when applicable.

1)

Adjoining owners. The Town shall send notice per, F.S. § 166.041, or as amended, of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two (2) weeks prior to the Planning and Zoning Board hearing. Such notice shall include the date, time and place of the public hearing before the Planning and Zoning Board and the Town Commission, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than one hundred fifty (150) feet in width.

2)

Posting of property. At least seven (7) days prior to the Planning and Zoning Board hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearings, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one (1) sign per five hundred (500) feet along any one (1) frontage.

3)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten (10) days prior to the final Town Commission meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.

c)

Procedure for public hearing. The following procedures are in addition to, or where in conflict superseded by, those required by state law.

1)

TRC review. The TRC will review the submittal and make recommendations to the Planning and Zoning Board.

2)

Planning and Zoning Board action. The Planning and Zoning Board shall consider every rezoning at a public hearing and make recommendations to the Town Commission.

3)

Town Commission action. The Town Commission shall consider recommendations of the Planning and Zoning Board before taking action. However, if the Planning and Zoning Board fails to make a recommendation within thirty (30) days of the rezoning's first consideration by that body, then the Town Commission may take action based upon an assumed recommendation of approval from the board.

d)

Prohibition of multiple applications in one (1) twelve (12) month period. If the Town Commission has approved at final hearing an application submitted under this section, then the Town shall not reconsider an application submitted under this section concerning the same property (in whole or in part) for a period of twelve (12) months from the date the application was approved.

e)

Withdrawal and denial of applications; twelve (12) month bar to re- file. Any application for any action provided by this section may be withdrawn by the applicant. However, if notice of the planning and zoning hearing as set forth in subsection b)2), above, has already been given, the application must be withdrawn at a public hearing of either the Planning and Zoning Board or the Town Commission. Applications which were withdrawn by the applicant after notice of the planning and zoning hearing was given or which were denied by the Town Commission at the final hearing, shall not again be accepted by the Town until twelve (12) months have passed from the date said application was withdrawn or denied. For the purposes of this section, any application for rezoning concerning the same property (in whole or in part) which was the subject of the prior application which was withdrawn or denied, shall not be accepted until twelve (12) months have passed from the date said application concerning said property (in whole or in part) was withdrawn or denied. Fees paid shall not be refundable if any expense has been incurred by the Town of Lady Lake for public notice.

f)

Waiver of twelve (12) month bar to re-file and of prohibition on multiple amendments. The Town Commission may waive the twelve (12) month prohibition for multiple applications set forth in above subection d), above or the twelve (12) month bar set forth in subsection e), above should it determine, by a majority vote, that a waiver is necessary to prevent injustice or to promote the health, safety, and general welfare of the Town of Lady Lake.

(Ord. No. 2006-15, § 1(Exh. A), 4-20-2006)

a)

Applications. Application to amend the Comprehensive Plan per the requirements of F.S. § 163.3184, or as amended, which includes the Future Land Use Map (FLUM), may be initiated by any person, board or agency. The requirements of this section are in addition to the requirements of applicable state law.

1)

Applications shall be made on the appropriate forms provided by the Town and shall be accompanied by the appropriate review fee.

2)

Applications for FLUM amendments shall include a legal description of the property and sketch or survey of the property.

3)

Subject to the additional requirements set forth herein, applications for Comprehensive Plan amendments may be made at any time. The Town Commission shall consider the request at the first available meeting in compliance with F.S. §§ 163.3184 and 163.3187, or as amended, and shall make the final decision for processing of the amendment.

b)

Notification of public hearing. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least seven (7) days prior to the first Town Commission meeting, with a second publication to be at least fourteen (14) days prior to the final Town Commission meeting. At least fourteen (14) days prior to the Planning and Zoning Board hearing, notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town. This is superseded by the requirements of F.S. § 163.3184, or as amended, for Future Land Use Map amendments, when applicable.

c)

Procedure for public hearing. The following procedures are in addition to, or where in conflict superseded by, those required by state law.

1)

Planning and zoning board action. The Planning and Zoning Board shall consider and make recommendations to the local planning agency and Town Commission on every proposed amendment to the Comprehensive Plan.

2)

Town commission and local planning agency action. The Town Commission and local planning agency shall consider recommendations of the Planning and Zoning Board before taking action on proposed amendments to the Comprehensive Plan. However, if the Planning and Zoning Board fails to make a recommendation within thirty (30) days of the amendment's first consideration by that body, then the Town Commission and local planning agency may take action based upon an assumed recommendation of approval from the board.

d)

Criteria for review of amendments. When considering an amendment to the Comprehensive Plan, the Planning and Zoning Board, local planning agency and the Town Commission shall consider its consistency with the remainder of the plan and its goals, objectives and policies.

e)

Prohibition of multiple applications in one (1) twelve (12) month period. If the Town Commission has approved at final hearing an application submitted under this section, then the Town shall not reconsider an application submitted under this section concerning the same property (in whole or in part) for a period of twleve (12) months from the date the application was approved.

f)

Withdrawal and denial of applications; twelve (12) month bar to re-file. Any application for any action provided by this section may be withdrawn by the applicant. However, if notice of the Planning and Zoning hearing as set forth in subsection b), above, has already been given, the application must be withdrawn at a public hearing of either the Planning and Zoning Board or the Town Commission. Applications which were withdrawn by the applicant after notice of the planning and zoning hearing was given or which were denied by the Town Commission at the final hearing, shall not again be accepted by the Town until twelve (12) months have passed from the date said application was withdrawn or denied. For the purposes of this section, any application for a Comprehensive Plan change concerning the same property (in whole or in part) which was the subject of the prior application which was withdrawn or denied, shall not be accepted until twelve (12) months have passed from the date said application concerning said property (in whole or in part) was withdrawn or denied. Fees paid shall not be refundable if any expense has been incurred by the Town of Lady Lake for public notice.

g)

Waiver of twelve (12) month bar to re-file and of prohibition on multiple amendments. The Town Commission may waive the twelve (12) month prohibition for multiple applications set forth in above subsection e), above or the twelve (12) month bar set forth in subsection f), above should it determine, by a majority vote, that a waiver is necessary to prevent injustice or to promote the health, safety, and general welfare of the Town of Lady Lake.

(Ord. No. 2005-51, § 1(Exh. A), 11-17-2005; Ord. No. 2006-14, § 1(Exh. A), 4-20-2006; Ord. No. 2011-21, § 1(Exh. A), 10-3-2011)

a)

Applications. Application to amend the development code may be initiated by any person, board or agency. The requirements of this section are in addition to the requirements of applicable state law.

1)

Applications shall be made on the appropriate forms provided by the Town.

2)

Applications shall be submitted no later than fourteen (14) days in advance of the regularly scheduled Planning and Zoning Board meeting in order to be considered at that meeting. The Planning and Zoning Board may consider the request at the next regularly scheduled meeting and may make a recommendation on the request.

b)

Notification of public hearing. Notification and advertising for ordinances making textual changes to the Code shall be as normally required for ordinances under the Town Charter and Code, and state law.

c)

Procedure for public hearing. The following procedures are in addition to, or where in conflict superseded by, those required by state law.

1)

Planning and Zoning Board action. The Planning and Zoning Board shall consider every proposed amendment as a general item on the agenda and make recommendations to the Town Commission.

2)

Town Commission action. The Town Commission shall consider recommendations of the Planning and Zoning Board before taking action on proposed amendments. However, if the Planning and Zoning Board fails to make a recommendation within thirty (30) days of the amendment's first consideration by that body, then the Town Commission may take action based upon an assumed recommendation of approval from the Board.

d)

Criteria for review of amendments. When considering an amendment to the Code, the Planning and Zoning Board and the Town Commission shall consider the following criteria:

1)

Consistency with the Comprehensive Plan.

2)

Consistency with applicable sections of the Code.

Any property owner, developer, or their duly authorized agent that is aggrieved by a procedural decision by the Town Manager or any other official or body empowered by the Code other than the Town Commission, may file a written appeal within thirty (30) days after the decision in dispute. Appeals shall be filed with the Town Manager or designee, and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The Town Manager shall schedule the appeal for consideration by the Town Commission at the next regularly scheduled Commission meeting.

Whenever the Town has reason to believe that the provisions of the Code are being violated, it shall notify the alleged violator of the nature of the violation(s) and require correction of the violation(s) in a reasonable period of time, based on the policies of the Town. If not corrected within the time specified, the violation(s) shall be referred to the Code Enforcement Board for enforcement as authorized in the General Provisions chapter.

The Town shall reserve the right to enforce the provisions of the Code in any manner as provided by law.

a)

Types of nonconforming status. Within the districts established by the Code or adopted amendments there may exist lots, uses of land, or structures which lawfully existed before the Code was passed or amended but would be prohibited, regulated, or restricted under the terms of the Code.

It is the intent of the Code to permit these nonconformities to continue in their present condition but not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. There are three (3) types of nonconforming status, as follows:

1)

Nonconforming lots of record.

A)

In any district in which residential dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as defined herein which existed on or before August 15, 1994. This provision shall apply even though such lot fails to meet the requirements applying to area or dimensions, or both, and shall conform to all other regulations for the district in which said lot is located. However, development on residential lots platted under previous zoning ordinances may be permitted to develop based on setbacks in force at the time of platting. See Miscellaneous Regulations chapter for requirements for nonconforming manufactured home parks.

B)

The following provisions shall apply to nonconforming lots of record zoned commercial or industrial on or before the date of adoption of this Code:

1)

The construction of one (1) commercial or industrial building shall be permitted on each lot providing that no adjoining lots are in the same ownership, or were in the same ownership as of the date of adoption of this Code.

2)

When a sufficient number of adjacent lots are owned by one (1) owner, the lots shall be combined so that the dimensional requirements shall be based on the established requirements of this Code.

C)

No portion of any nonconforming lot shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by the Code, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in the Code.

2)

Nonconforming uses of land and structure. A nonconforming use of land or structure existing prior to the date of adoption of this Code shall continue to have such nonconforming status and shall be subject to the applicable provisions of the Code including the following which shall apply so long as the use of land or structure remains otherwise lawful:

A)

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land or structure than was occupied as of the date of adoption of this Code.

B)

No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such use as of the date of adoption of this Code.

C)

No additional structure not conforming to the requirements of the Town Codes shall be erected in connection with such nonconforming use of land or structure.

D)

If a nonconforming use of land or a nonconforming use of structure has been abandoned for a period of six (6) months (and an additional six (6) months if an extension was approved by the Town Manager), such use shall not thereafter be re-established and any future use shall be in conformity with the provisions of the Code.

3)

Nonconforming structures. A nonconforming structure existing prior to the date of adoption of this Code shall continue to have such nonconforming status and shall be subject to the applicable provisions of the Code including the following which shall apply so long as the use of land or structure remains otherwise lawful:

A)

No such nonconforming structure may be enlarge or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

B)

Should such nonconforming structure or nonconforming portion of a structure, other than single-family residential, be destroyed by any means to an extent of more than seventy-five (75) percent of its current appraised value as recorded in the tax assessor's office at time of destruction, it shall not be reconstructed except in conformity with the provisions of the Code.

C)

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

b)

Repairs. On any nonconforming structure or portion of a structure containing a nonconforming use, repairs and modernization are permitted provided that the square footage and/or height existing when it became nonconforming shall not be increased. Nothing in the Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official. All repairs shall be completed within one hundred eighty (180) days after damages occur or the use shall not be rebuilt except as a conforming use. The Town Manager may approve extensions for the completion of repairs of up to an additional one hundred eighty (180) days.

c)

Uses under special exception or conditional use provisions. Any use which is permitted as a special exception or conditional use in a district under the terms of the Code shall be deemed a conforming use, subject to any conditions legally imposed by the Town Commission.

d)

Nonconforming manufactured home sites. This section provides for the repair, replacement or improvement of manufactured homes which were in existence prior to the adoption of this Code and which cannot meet the current requirements of this Code. Manufactured homes may be repaired, replaced and improved when the setbacks are less than that required in the zoning district regulations of this Code, as follows:

1)

In any zoning district an existing manufactured home may be:

A)

Repaired.

B)

Improved by up to fifty (50) percent of its present value; however, these improvements may not increase the size of the structure. In the event that cost of improvements equal or exceed fifty (50) percent of the market value of a building located in a flood hazard zone, floodplain management measures in accordance to the National Flood Insurance Program as established per the Federal Emergency Management Agency (FEMA) shall apply.

2)

In zoning districts that allow manufactured homes per the zoning district regulation chapter of this Code, existing manufactured homes:

A)

May be repaired.

B)

May be replaced by a new manufactured home.

C)

May have any amount of improvements done to them, regardless of value.

3)

Setback requirements. The setbacks of the replacement, repair or improvements shall be substantially the same as the nonconforming setbacks as previously approved or, if no approval documents are available, the following shall apply:

A)

Ten (10) feet between sides of mobile homes, including all unenclosed accessory structures.

B)

The end to end clearance shall be no less than twenty (20) feet.

C)

The front yard setbacks shall be:

1.

Local roadway: Twenty-five (25) feet.

2.

Collector roadway: Thirty-five (35) feet.

3.

Arterial roadway: Fifty (50) feet.

4.

Interior paved streets: Twenty (20) feet.

4)

Submittal requirements.

A)

Any manufactured home park existing at the time of adoption of this Code, and requesting setbacks less than those allowed in this Code, shall submit a completed Master Park Plan showing, at a minimum, the following:

1.

The location of all manufactured homes, accessory structures and buildings in the park and the park boundaries.

2.

The setbacks of each manufactured home and its attached accessory structures from roads within the park, park boundaries, other manufactured homes, accessory structures and buildings.

3.

North arrow, scale and date.

4.

The name of the property owner and legal description of the property.

5.

The location of existing landscaped areas, if any.

6.

The location of all streets and parking areas.

B)

Any other manufactured home site existing at the time of adoption of this Code, and requesting setbacks less than those allowed in this Code, shall submit a site plan showing, at a minimum, the following:

1.

The location of all buildings, structures and pavement on-site.

2.

North arrow, scale and date.

3.

Name of property owner and legal description.

4.

Adjacent rights-of-way and lot lines.

5.

All setbacks.

(Ord. No. 2009-14, § 1(Exh. C), 6-1-2009)

a)

Developers of all new subdivisions shall be required to submit an application for a clearing and tree permit at the time of initial submittal of the preliminary subdivision plan so that consideration may be given to the protection of native trees and vegetation.

b)

Developers of any commercial, industrial, multi-family, or other use, requiring site plan approval shall be required to submit an application for a clearing and tree permit at the time of site plan submittal so that consideration may be given to the protection of native trees and vegetation.

c)

If the applicant wishes to start clearing a site without a development order, a clearing and tree permit shall be secured.

d)

No site clearing shall take place on any property which is subject to a development order without a clearing and tree permit unless included in the development order. A proposed building site, parking area or right-of-way clearing and tree permit shall be issued only after an authorized representative of the Town has inspected the site to verify that no unauthorized clearing has taken place and to ascertain whether a modification of the plan may be justified to enhance tree preservation on the site. This permit will allow removal of the trees and vegetation within the proposed building site, parking area, right-of-way or retention area. This permit generally allows clearing of the area ten (10) feet outside the proposed building wall except for those trees or areas specifically delineated to be preserved.

e)

Application shall be made to the Town Manager and shall include:

1)

The appropriate fee.

2)

The reason for removal of trees.

3)

A scaled aerial photograph and tree survey, if necessary, (one-inch equals two hundred feet (1"=200') or greater) indicating:

A)

Property boundaries.

B)

Location of all individual trees, other than non-preferred trees (per the Landscaping and Tree Protection chapter), which are six (6) inches DBH or greater, including DBH of each tree, and its common name.

C)

A complete inventory of the trees to be removed.

4)

Provisions for replacement trees, as required in the Landscaping and Tree Protection chapter, shall also be specified, including landscaping plans where required for site plans.

f)

Criteria for issuance. No clearing and tree permit shall be issued unless the reviewer finds that at least one (1) of the following criteria has been satisfied with respect to each existing tree over six (6) inches DBH on the Acceptable Plants list that is to be designated for removal under the permit.

1)

The tree is located within an existing or proposed right-of-way.

2)

The tree is located within an existing or proposed easement or stormwater management system.

3)

The tree is located where its continued existence would unreasonably interfere with the physical construction of the improvements on-site or interfere with access to the site by construction equipment.

4)

The tree is located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures or vehicle or pedestrian routes, and relocation of the tree on the site is not a feasible alternative.

5)

The tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site.

6)

The tree is diseased, injured, or in danger of falling.

7)

The tree is located on the portion of the site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas, provided reasonable effort has been made to preserve existing trees over six (6) inches DBH on the Acceptable Plants list to the extent feasible.

8)

The tree is located on a portion of the site where structural development is proposed, provided reasonable effort has been made to preserve existing trees over six (6) inches DBH on the Acceptable Plants list to the extent feasible.

g)

Permit expiration. The clearing and tree permit, when issued, shall specifically identify which trees shall be permitted to be removed. Such permit shall expire either at the time of the issuance of the last certificate of occupancy for the subdivision or at the time of issuance of the certificate of occupancy for any commercial, industrial, multi-family or other structure. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application.

h)

Tree removal requirements. A clearing and tree permit authorizes the removal of trees specified within the permit; however, it is not required that all trees specified within the clearing and tree permit be removed by the applicant.

i)

Tree replacement requirements. Tree replacement requirements shall be as specified in the Landscaping and Tree Protection chapter.

j)

Final inspection. After all proposed clearing has been completed, and all required tree and soil preservation measures have been implemented, an authorized representative of the Town shall make a final inspection to verify that all work has been completed in compliance with the permit and the Code.

a)

Preconstruction meeting. The requirements of this section may be modified by the Town Manager in cases where size, scope, or relative lack of complexity of development plans suggest a lesser need for coordination.

1)

Attendance. Upon request of the developer, the Town may schedule a preconstruction meeting. If the Town is to participate in any of the improvements, the Town shall schedule the preconstruction meeting. The meeting shall be attended by the following individuals or their representatives:

A)

The developer, and the developer's engineer(s) and surveyor(s).

B)

All contractors for the construction of site improvements, and the general contractor for building improvements.

C)

All franchised utility companies affected by the proposed construction.

D)

TRC members and appropriate Town inspectors.

It shall be the responsibility of the developer to notify all of the above parties of the meeting, except for Town employees.

2)

Agenda. The meeting shall include discussion of the construction schedule, procedures for inspection and testing, coordination with the Town and utility companies, traffic maintenance, dewatering, access for construction, stockpiling areas, and other details deemed necessary to assure safe construction in compliance with the Code, and with minimum disturbance to surrounding areas.

3)

The Town may attach procedural contingencies on construction based on the discussion at the preconstruction meeting.

b)

Preconstruction submittal. The following exhibits or documents shall be submitted to the Town prior to holding a preconstruction meeting if the Town is participating in the improvements:

1)

Copies of all contracts for the construction of any public improvements.

2)

Copies of certificates of insurance for all site improvement contractors providing workman's compensation as required by law. Contractors for construction of public improvements shall also provide comprehensive liability insurance covering bodily injury, death, and property damage with limits of not less than one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence, with the Town listed as an additional insured, held harmless and the "endeavor to" clause stricken from the notification.

3)

Plans for management of traffic and dewatering activities, if applicable.

4)

Construction schedule.

5)

Six (6) copies of the approved development plans, signed and sealed by the engineer of record.

6)

Six (6) copies of the approved shop drawings, signed and sealed by the engineer of record.

Inspection and acceptance of building improvements shall be as outlined in the Building and Fire Codes chapter of the Code. The following procedures shall apply to site improvements and the overall acceptance for issuance of a certificate of occupancy.

a)

Inspections. The developer shall notify the Town of the commencement of construction. The Town Engineer, Town Manager, or their representatives, shall have the right to inspect the project for the purpose of ensuring that all improvements are being constructed in conformance with the provisions of this Code, the approved plans and development order. The Town shall have the authority to reject materials or suspend work when construction is not in conformity with the terms of the development order. Required installation of subsurface construction such as water and sewer lines, public utilities, traffic control devices and storm drainage shall be completed prior to compaction of subgrade and road construction.

b)

Testing. Reasonable tests are required to be provided to the Town Manager or Town Engineer at the expense of the applicant by a state certified testing laboratory. Such tests may include, but not be limited to, compaction tests for subgrade, base and asphalt, material specifications tests to assure adherence to specifications of base, soil cement, asphaltic concrete, Portland cement concrete, drainage pipe and other materials, sanitary sewer pipe, water lines and materials and tests of other such materials and procedures as may be required to assure that construction is according to the plans and specifications approved in the development order and as required by the Standard Construction Details of the Code. The Town reserves the right to require additional testing based on unusual circumstances encountered in the field.

c)

Request for final inspection. Final inspection of site improvements shall be scheduled no more than five (5) working days after receipt of the following information, unless a later date is requested by the developer:

1)

Certification of completion by the engineer of record. Upon completion of the public improvements, the developer's engineer shall submit a letter, signed and sealed, stating that the work was constructed under his supervision and has been completed in substantial conformance with the approved development plans and in compliance with the requirements of the Code.

2)

Record drawings. One (1) set of blackline mylar reproducibles and two (2) sets of record drawings, signed and sealed by the engineer of record.

3)

Testing reports. The testing reports and certificates of compliance from material suppliers.

4)

A document from the water and sewer utility provider approving all utility installations, if applicable.

5)

Submittal of all easements and/or deeds of right-of-way if not contained within the final plat.

d)

Final inspection report. Upon receipt of the above items, the Town Engineer and Town Manager shall review said data and make a final inspection of the constructed improvements and a final inspection report will be issued noting any discrepancies from the development order, corrective actions required, and any reinspection fee required. In addition, the report shall review final documentation required for acceptance and issuance of a certificate of occupancy, where applicable, once any necessary corrections are made.

e)

Reinspection. Reinspection may be requested at any time. Reinspection will be scheduled within three (3) working days and, if necessary, another inspection report will be issued.

f)

Certification of completion. A certification of completion shall be issued by the Town Manager or designee when all improvements are completed in conformity with the approved design. This certificate shall release the construction surety.

g)

Acceptance of site improvements. Upon completion of any corrective actions which were required upon inspection, site improvements shall be accepted by the Town upon receipt of the following:

1)

All required certifications of completion under federal, state, regional and county agency permits.

2)

Recording of any additional on or off-site easements, rights-of-way, or property dedication required by the development order or the Code, unless they will be dedicated on the plat.

3)

Construction security.

A)

Site development. Construction security in the amount of one hundred fifteen (115) percent of the estimated construction cost of any uncompleted improvement.

B)

Subdivision.

1)

When construction of required improvements is to be completed following final plat approval, the developer shall, at or prior to final plat approval, execute a contract for construction of the required improvements and post security in the amount equal to one hundred fifteen (115) percent of the estimated total cost if improvements remaining to be constructed.

2)

The contract shall be on a form provided by the Town and shall obligate the developer to complete all required improvements in accordance with the development order, the approved plans and specifications, and Town development regulations and standards, within a period of one (1) year from the date of final plat approval.

3)

The surety posted to guarantee performance of the contract shall expire, if at all, no less than ninety (90) days beyond the last date for performance established by the contract, or any extension thereof. The surety shall run in favor of the Town Commission, must be in a form acceptable to the Town Attorney, and may be either:

a)

A performance bond underwritten by a surety insurer authorized to transact such business in this state.

b)

A cash deposit and escrow agreement governing control and use thereof.

c)

An irrevocable letter of credit (issued by a financial institution authorized to conduct business within this state).

d)

Other means of security acceptable to the Town Attorney's office and the public works and/or utilities departments.

4)

For good cause shown, the Town Commission may at its discretion grant one (1) or more extensions of time for performance of any contract for required improvements, provided the surety supporting such contract remains valid for the required ninety (90) day period following the newly extended time for performance.

5)

No construction security shall be released until a certificate of completion has been received, reviewed, and approved by the Town Manager or designee and security for maintenance has been established as required below.

6)

Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the Town Commission after completion of any distinct and separable phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of completed work, as determined by the Town Commission following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the improvements unless expressly stated otherwise by the Town Commission at the time of the reduction. Formal acceptance shall occur as provided elsewhere in this Code, and only upon establishment of proper maintenance security, where required.

4)

Maintenance security. At such time when the Town agrees to accept the dedication of any public improvements, the developer shall:

A)

Execute an agreement guaranteeing the required improvements against all defects in workmanship or materials, including failure to construct in accordance with approved plans and specifications, for a period of two (2) years from the date of acceptance or issuance of a certificate of occupancy.

B)

Post a maintenance bond in the amount of ten (10) percent of the construction cost of the improvements.

h)

Issuance of certificate of occupancy.

1)

Site development. Certificate of occupancy shall be issued upon acceptance of site improvements and compliance with the requirements of other sections of the Code.

2)

Subdivisions. No certificates of occupancy for residential occupancy for any structure within a subdivision shall be issued until all required improvements of the subdivision or appropriate phase or area of the subdivision have been accepted by the Town; or when required improvements are dedicated to a private association, until all required improvements have been completed, and have been inspected and approved by the Town.

i)

Failure to perform. In the event a developer fails to perform the obligations for construction or maintenance required under the above-referenced agreements, the Town Commission may call upon the surety provided, or any portion thereof, to be used for completion of the necessary remaining work. If the surety is exhausted prior to completion of the work necessary to complete the required improvements, the developer shall remain liable to the Town for any resulting deficiency. The Town is not responsible to complete any improvements with Town funds.

The following minimum number and size of easements or other dedications shall be reflected on the plan drawing, and shall be conveyed to the Town prior to issuance of final approval or certificate of occupancy. Larger easements may be specifically required based on size, depth, or special maintenance requirements of a facility.

a)

Drainage facilities. A drainage easement shall be dedicated to the Town where a proposed development is traversed by any existing or proposed watercourse, canal, ditch, storm sewer, or other drainageway that serves an areawide drainage function.

1)

Natural lakes shall be covered by the buffer requirements per this Code.

2)

Canals, ditches and swales shall be covered by an easement of sufficient width.

3)

Storm sewers or structures shall be covered by an easement of sufficient width, centered on the centerline of the pipe.

b)

Utilities. A utility easement shall be dedicated to the Town wherever a proposed publicly owned and maintained utility line or other facility is planned or located on or adjacent to any property not otherwise dedicated to or owned by the Town.

1)

Potable water, sewer, force main, or reclaimed water lines shall be covered by an easement of sufficient width, centered on the centerline of the pipe.

2)

Sewer lift stations shall be located in an easement area located adjacent to a dedicated public road or with a sufficient access easement.

c)

Conservation easements. A conservation easement shall be dedicated to SJRWMD, the state, the county, a community development district, a Homeowner's Association, or the Town as follows:

1)

Over all required tree preservation areas that are outside of required landscaped buffers.

2)

Over all wetlands, wetland buffers, and wetland mitigation areas, as required.

3)

Over all areas of vegetative communities and/or wildlife habitats as required.

d)

Access easements. Where an easement is provided for access only, the minimum width shall be twenty (20) feet.

a)

Purpose. This section provides standards and procedures for the granting of administrative variances to development standards. It is specifically intended to promote high standards of site design, provide flexibility in the administration of standards in recognition of site specific conditions, and to establish conditions to ensure compatibility where standards are modified.

b)

Applicability. An administrative variance may be used to allow increases to the following land development standards:

1)

Principal building setbacks. Up to twenty (20) percent of the setback requirement. In no case shall the side yard setback be less than five (5) feet for conventional one (1) and two (2) family developments. No modification of the required setback from a natural surface waterbody or preserved wetland shall be permitted.

2)

Accessory building location standards. Up to ten (10) percent of the setback requirement.

3)

Fence height Up to two (2) feet above the maximum fence height permitted.

4)

Parking, loading and driveways. Up to ten (10) percent of the number of required parking spaces or two (2) spaces, whichever is greater. Handicapped parking spaces shall not be eligible for modification. Driving aisle width and loading space requirements shall be eligible for modification.

c)

Nonsubstantial variances. A modification of less than one (1) foot to the development standards listed above shall be deemed to be non-substantial. The Town Manager or designee shall be authorized to approve the variance at the time of request based upon the requirements of this section. Non-substantial modifications shall be deemed to have no effect on adjacent properties.

d)

Application submittal. Application for an administrative variance shall be made to the Community Development Department, along with the following:

1)

Accurate up-to-date survey—As completed by a registered surveyor.

2)

Site plan—Showing the complete property.

3)

Elevational drawings—Showing the proposed building or building addition.

The Town Manager or designee shall be authorized to waive the informational requirements above where deemed appropriate.

e)

The review process. Upon acceptance of the application, the Town Manager or designee shall review it and render his decision approving, approving with conditions, or denying the request. An administrative variance report, listing any terms that are a condition of approval, shall be issued.

f)

Conditions. When the Town Manager or designee approves the administrative variance, he may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Code, including, but not limited to:

1)

Limit the height, size or location of a building or other structure.

2)

Designate location of doors or windows.

3)

Require berming, screening, landscaping or other similar means to buffer or protect nearby property and designate standards for installation or maintenance of same.

4)

Designate the size, height, location or materials for a fence or wall.

5)

Protect existing trees, vegetation, water resources or other significant natural resources.

6)

Specify other conditions to permit development in conformity with the intent and purpose of the Code.

a)

In general. Requests for variances from requirements of the development code shall generally be considered for those provisions which regulate site development and the requirements applicable to existing development. Requests for variances to permit a use which is not allowed as a permitted use or by special exception within the specific zoning district shall not be considered. In addition, request for variances to permit the nonconforming use of any land or structure, or the continuance of any nonconforming use shall not be considered.

b)

Specialized variance procedures. For variance procedures and requirements for subdivisions or plats, in addition to the requirements of this section, see the "Subdivisions and Plats" chapter.

c)

Application for variances. Application for variance shall be made on the appropriate form provided by the Town for that purpose, and shall be accompanied by the appropriate review fee. Variances shall be considered as follows:

1)

Applications for variance shall be submitted no later than two (2) weeks in advance of a regularly scheduled TRC meeting in order to be considered at that meeting.

2)

Applications for variance shall include a legal description of the property, sketch or survey of the property, proof of ownership, and authorization of the owner if represented by an agent or contract purchaser.

3)

In addition, the applicant shall provide a written statement which explains the conditions and circumstances of the alleged hardship, the proposed action by the applicant should the variance be granted, and the necessity of the action. The written statement shall clearly justify the granting of relief from requirements of the development code, and satisfactorily address the review criteria below in this section.

d)

Notification of public hearing. All variance requests, except subdivision and plat variances, shall be noticed as follows prior to the public hearings:

1)

Adjoining owners. At least one (1) week prior to the Planning and Zoning Board hearing, the Town shall send notice of the proposed variance to the owners of all adjoining properties within one hundred fifty (150) feet of the subject property. Such notice shall include the date, time and place of the public hearing, along with a clear and concise description of the proposed variance.

2)

Posting of property. At least one (1) week prior to the Planning and Zoning Board hearing, the applicant shall post the property that is the subject of a public hearing with signs per standards set by the Town, notifying the public of the proposed variance, date of public hearings, and the department to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one (1) sign per five hundred (500) feet along any one (1) frontage.

3)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least one (1) week prior to the Planning and Zoning Board hearing. Notice shall also be posted in a conspicuous location at Town Hall, and may be posted at other public locations at the discretion of the Town.

e)

Procedure for public hearing. After review by the TRC, the Planning and Zoning Board shall consider and make a recommendation on every variance request at the public hearing. A decision shall then be made by the Town Commission whether or not to approve any variation from the Code. Any variance shall specify in what manner such variation or modification is to be made, the conditions upon which it is made and the reasons therefor.

f)

Review criteria. When reviewing an application for a variance, the Planning and Zoning Board and Town Commission shall consider the following requirements and criteria:

1)

No diminution in value of surrounding properties would be suffered.

2)

Granting the permit would be of benefit to the public interest.

3)

Denial of the permit would result in unnecessary hardship to the owner seeking it.

4)

The use must not be contrary to the spirit of this Code.

5)

Financial disadvantage or inconvenience to the applicant shall not of themselves constitute conclusive evidence of unnecessary and undue hardship and be grounds to justify granting of a variance.

6)

Physical hardships such as disabilities of any applicant may be considered grounds to justify granting of a variance at the discretion of the Town Commission.

The above criteria shall be used to determine the justification for granting of relief from requirements of the development code. Each applicant for a variance request shall demonstrate how each criteria applies to the specific case.

g)

Conditions of approval.

1)

Conditions and safeguards. In granting any variance, the Town Commission may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this section and the Code in general. Such conditions may include time limits for initiation of the variance, specific minimum or maximum limits to regular Code requirements, or any other conditions reasonably related to the requirements and criteria of this section.

2)

Transfer of variances. Variances run with the property and the use of a variance may be transferred to another party for use on the same property.

3)

Expiration of variance approval. A variance that has not been utilized within one (1) year of being granted shall not be utilized without a new public hearing in accordance with requirements of this section.

Editor's note— Ord. No. 2011-21, § 1(Exh. A), adopted Oct. 3, 2011, repealed § 3-15, in its entirety. Former § 3-15 pertained to required right-of-way and easement reservation and dedication. See Code Comparative Table for derivation.

a)

Intent. It is the intent of this section to establish a fair procedure by which the Town Commission can grant variances and exceptions to the Land Development Regulations in order to ensure that legally affected property owners have a viable and fair means of preventing or reducing any adverse impact upon their property as a result of the eminent domain or condemnation process (Acquisition), and to allow the continued use of said property in a manner as similar to its pre-condemnation condition as practicable. Further, it is the purpose of this section to provide an equitable process whereby either landowners affected by the transfer of any part of such property to an entity having the power of eminent domain, or such landowners jointly with the condemning authority, can rehabilitate, or mitigate damage to, the remaining parcel, and the condemning authority can independently obtain nonbinding determinations, where such remaining parcel deviates from the Land Development Regulations and/or any applicable subdivision and/or site plans), and/or developer or annexation agreements with the Town that may result from such transfer. The Cure Plan procedures as established by this section shall serve in lieu of the variance process for all properties from which portions of land are condemned for the purposes of public right-of-way expansion under the jurisdiction of the Town of Lady Lake; this provision is applicable to all local, county, and state road projects.

b)

Requirements. The following information and documentation shall be shown on or enclosed with the Cure Plan submitted for approval:

1)

Revised site plan submitted in accordance with the requirements as outlined in chapter 7, section 8, of the Land Development Regulations.

2)

Accompanying right-of-way map depicting that portion of right-of-way that is being widened in association with the eminent domain process, and current site plan showing that portion of land being acquired from the site as well as all onsite improvements in their present condition.

3)

Justification statement from the applicant. (condemning authority, or the landowner), in writing addressed to the Town Commission for a determination that the granting of the variance or exception will not result in a condition which adversely affects the health, safety or welfare of the general public.

4)

Listing of all non-conformities of the Town of Lady Lake Land Development Regulations that will result due to the eminent domain process; references to each chapter and section number shall be listed on the Cure Plan, as well as to what degree each element of the Code is being affected (i.e., where parking requirements cannot be accommodated as a result of the taking, the net reduction in spaces shall be indicated as well as what percentage of the Town's requirements are being provided in the revised plan).

c)

Waivers and exceptions.

1)

Existing characteristics of use which become nonconforming or increase in nonconformity as a result of the Acquisition, including but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention, shall be required to meet Code requirements to the greatest extent practicable and to the satisfaction of the Town Commission. Thereafter, the existing characteristics of use shall be deemed conforming to the extent of those non-conformities caused by the government's Acquisition. Any further redevelopment, expansion, or enlargement after Acquisition thereof shall be in accordance with all applicable Land Development Regulations requirements.

2)

If any legally existing structure(s) (principal or accessory), or vehicular use area(s) must be relocated as a direct result of the governmental Acquisition, or as a result of safety concerns, if allowed to remain after the Acquisition, then the appropriate Town Commission in consultation with the Building Official may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable. If the allowed relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming with respect to said characteristics. Any future expansion or enlargement thereof after Acquisition shall be in accordance with all applicable Code requirements.

3)

Legally existing structures (principal or accessory) or vehicular use areas which become nonconforming or increase in nonconformity according to subsection 1), and which are thereafter damaged or destroyed other than by voluntary demolition, to an extent of more than fifty (50) percent of assessed value at the time of destruction can be restored, but only to pre-destruction condition. Any expansion or enlargement under this section that does not increase the nonconformity of a characteristic of use shall only occur in accordance with all applicable Code requirements.

4)

If a structure to be relocated as a result of Acquisition has a nonconforming use, the Town Commission and Building Official may permit relocation pursuant to this part, if the Town Commission determines that public harm will not result.

5)

Where part of a principal structure is acquired, the reconstruction of said structure (same size and use) may be permitted. The reconstruction must meet Town Development Codes to the greatest extent practicable and to the satisfaction of the Growth Management Director and the Building Official. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the government Acquisition. Any future expansion or enlargement after Acquisition shall meet any and all applicable Code provisions.

6)

Any alterations, repairs or rehabilitation work necessitated by Acquisition may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The Building Official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.

d)

Signs. A sign which is located on a parcel that is subject to Acquisition by a governmental or public agency for a public purpose may, subject to approval of the Town Commission, be relocated on the remaining portion of the parcel in accordance with the following:

1)

The sign must be relocated on the remaining parcel in such a manner as to meet the setback and distance separation requirements. If due to the size and/or configuration of the remaining parcel, setback and distance separation requirements cannot be met, then, subject to the approval of the Town Commission, the sign may be relocated so as to comply with such regulations to the greatest extent practicable as determined by the Town Commission.

2)

Any legally existing nonconformity of a sign, other than setback or distance separation, shall not be increased upon relocation.

3)

If the sign to be relocated is a legal, but nonconforming sign, upon proof submitted by the applicant and subject to the determination by the Town Commission that public harm would not occur, then such sign may be relocated pursuant to this subsection notwithstanding the provisions as put forth in chapter 17.

(Ord. No. 2010-04, § 1(Exh. A), 2-1-2010)

Editor's note— Ord. No. 2010-04, § 1(Exh. A), adopted Feb. 1, 2010, deleted § 3-16, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 3-16 pertained to similar subject matter. See Land Development Code Comparative Table for derivation.

a)

Filing an application.

1)

An application may be filed with the growth management department by the land owner or the condemning authority; however, applications filed by the condemning authority shall be deemed non-binding. If the property owner elects to consent to an application filed by the condemning authority on his or her behalf, and owners affidavit shall accompany the application; however, such application shall still be determined non-binding unless specifically stated in the "Cure Plan" Agreement.

2)

A land owner may elect to file an application on the land owner's own behalf prior to the transfer in satisfaction of condemnation ("TSC") to seek assurance that the land owner can continue in operation after the site has been altered. The Town Commission's approval of the land owner's application ("plan") shall be deemed binding, and improvements to the site shall be made in accordance to the adopted plan. The Town Commission shall approve a specific timeline for completion of site improvements required by any such revised governing documents, which shall be tailored to account for the complexity of the required improvements as well as any special conditions pertaining to the rehabilitation of the remaining parcel. If and when all improvements are made in accordance with the approved plan; the site shall be recognized as a conforming site plan of record.

3)

In cases where a "cure" has not been reached prior to the completion of the TSC, the property owner will be granted a period of sixty (60) days to file a "Cure Plan" application after the TSC to rectify the non-conformities created by the taking associated with the eminent domain procedure. If an application is not received within this specified time frame, the property may be cited by the Code Enforcement Division if any non-conformity exists in association with the property as a result of the taking. If the corrective action is not adhered to by the property owner as determined by the special magistrate, the operations on site may be ordered to cease as a result of operating outside of the Town's Land Development Regulations. Through agreement with the condemning authority and Town Commission, the corrective action may be deferred until at which time construction of the ROW commences.

b)

Pre-application Conference. Prior to filing for a Cure Plan approval, the applicant (condemning authority, or the landowner) shall meet with the growth management staff in order to verify the steps necessary for application and review and to discuss potential issues regarding the proposal.

1)

Scheduling. Arrangements for the pre-application conference are to be made through the growth management department.

2)

Items required. The applicant shall bring one (1) twenty-four-inch by thirty-six-inch (24" x 36") copy of the conceptual sketch plan of the proposed development. A general description of the proposed development must be noted including the approximate building size, type and use, proposed parking areas, location map, provisions for water and wastewater, proposed phasing of development, parcel size and proposed uses, environmentally sensitive areas, and existing zoning and comprehensive land use classification of the subject site and adjacent sites.

c)

Application for development plan approval. Application for Cure Plan approval shall be made to the Town Manager or designee utilizing the form provided by the department of growth management for that purpose and accompanied by the appropriate review fee. Application shall be accompanied by eight (8) twenty-four-inch by thirty-six-inch (24" x 36") copies and four (4) eleven-inch by seventeen-inch (11" x 17") copies of the proposed plans, signed and sealed by a registered engineer, architect, and/or landscape architect, as required by the Code. Plans shall be prepared as outlined in chapter 7, section 8, of the Land Development Regulations.

d)

Development review process.

1)

Technical Review Committee (TRC). All applications shall be reviewed by the TRC. The applicant and property owner shall have notice of the meeting in advance of the meeting. Formal comments of the TRC shall be transmitted in writing to the applicant and property owner. Upon receipt of a Cure Plan application, the growth management staff will schedule the application to be presented before the TRC within thirty (30) days.

2)

Cure plan approval. Final Cure Plan sets, twelve (12) eleven-inch by seventeen-inch (11" x 17") sets, and three (3) twenty-four-inch by thirty-six-inch (24" x 36") sets, shall be submitted following determination by the Technical Review Committee that all issues have been addressed and the application is complete. The growth management department shall report their findings and recommendations to the Town Commission for their consideration.

3)

The Town Commission shall consider the Cure Plan to determine if it meets code requirements to the greatest extent practicable and does not result in a condition which adversely affects the health, safety or welfare of the general public. The applicant and property owner or his or her authorized agent shall receive notice of the commission meeting and may be present at the time of consideration. Upon consideration of the comments of the TRC and the public, the commission may take one (1) of the following actions:

A)

Table the consideration of the Cure Plan until their next scheduled meeting to allow for the resolution of any outstanding issues.

B)

Deny the proposed Cure Plan.

C)

Approve the proposed Cure Plan.

D)

Approve the proposed Cure Plan with conditions agreed to by the condemning authority or, if binding, by the property owner.

e)

Notice. If a condemning authority or property owner of a remaining parcel seeks Town approval of a Cure Plan, waiver, or exception, the party seeking such relief shall provide to the other party written notice of such application at the time of submittal of the application and at least ten (10) days notice of the public hearings (TRC and Town Commission) related to the application.

f)

Plan resubmission. If the Cure Plan presented is not deemed acceptable by the Town Commission, the applicant may resubmit another application in accordance with the processes of this section; however, this application shall be required to be filed within ninety (90) days of the date on which the Town Commission denied the preceding proposal.

g)

Extension of resubmittal deadlines. The Town Manager or designee may extend the deadlines cited above when warranted by unforeseeable events. A request for extension must be filed in writing with the Town Manager explaining the circumstances justifying the extension.

h)

The issuance of a non-binding determination by the Town Commission on a condemning authority's application pursuant to this section shall not preclude the Town Commission from approving a competing application from the owner of the remaining parcel, which differs from the Cure Plan, waivers and exceptions addressed in the nonbinding determination because there may be more than one (1) alternative approach to cure the effects of a transfer in satisfaction of condemnation that would bring the remaining parcel into conformity with the Governing Documents and the Town's requirements.

i)

Upon completion of the construction improvements made to the site, and following the issuance of a certificate of occupancy (CO) the applicant or applicant's representative shall deliver as-built plans to the Department of Growth Management in both PDF and AutoCAD format via compact disk. These digital drawings shall be georeferenced upon delivery to the NAD 1983 HARN State Plane Florida East (FIPS 0901) Feet coordinate system.

(Ord. No. 2010-04, § 1(Exh. A), 2-1-2010; Ord. No. 2011-21, § 1(Exh. A), 10-3-2011)

Editor's note— Ord. No. 2010-04, § 1(Exh. A), adopted Feb. 1, 2010, deleted § 3-17, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 3-17 pertained to similar subject matter. See Land Development Code Comparative Table for derivation.