Lake County Unincorporated
City Zoning Code

CHAPTER XIV

ADMINISTRATION

14.00.00 - Generally.

14.00.01 Purpose. This Chapter sets forth the application and review procedures required for obtaining development orders and certain types of permits.

14.00.02 Prohibition. No development activity, use of land, or subdivision of land may be undertaken unless the activity, use or subdivision is authorized by the appropriate development order.

14.00.03 Pre-application Conference. Prior to the filing of an application for subdivisions, master park plans, site plans and planned unit developments, the applicant Shall meet with the County Manager or designee to discuss the development review process. The purpose of the conference is to acquaint the applicant with the requirements and procedures of the Lake County Code and to determine the appropriate application process as provided for in this chapter. The County Manager or designee may waive the pre-application conference if it is determined that the conference is not necessary because the applicant has sufficient knowledge of the requirements of the Lake County Code and/or has previously submitted completed applications in Lake County for other projects of a similar nature. Persons applying for any other type of development order are strongly encouraged to set up a pre-application conference.

14.00.04 Applications.

Determination of Sufficient Application. All applications filed with the County Manager or designee will be reviewed for sufficiency within ten (10) days of submittal, unless another provision of these regulations states otherwise. At such time, the applicant will be notified in writing whether the application has been found insufficient, and notified as to what the deficiencies are. Once deemed sufficient, the County Manager or designee Shall notify the applicant in writing that the formal review process has begun and indicate to the applicant the date on which comments on the application will be supplied to the applicant. The County Manager or designee Shall be entitled to inspect the property subject to the application at all reasonable times (1) without specific notification to the applicant or to the property owner if different from the applicant, if the application so states; or (2) with twenty-four (24) hours notice to the contact person listed by the applicant on the application. Such right of inspection Shall continue until the project is completed and all final approvals have been granted.

Review of Application by County Manager or Designee. When the County Manager or designee determines an application is sufficient, the County Manager or designee Shall review the application, and where authorized by these regulations, the County Manager or designee Shall approve or deny the application. In cases where the County Manager or designee is not authorized to approve or deny the application, the County Manager or designee Shall make a recommendation and notify the appropriate decision-making body so that a public hearing can be scheduled. The County Manager or Designee Shall comply with the review time frames established by a resolution of the Board of County Commissioners.

Lake County Planning and Zoning Board. For those applications required to go before the Lake County Planning and Zoning Board, the application Shall be placed on the agenda of a regular or special meeting for a public hearing that has been noticed in accordance with the requirements of Subsection 14.00.05, Land Development Regulations. In making a recommendation, the Lake County Planning and Zoning Board Shall consider the standards set forth in the applicable sections of these regulations for the particular action sought by the applicant, including but not limited to whether the application is consistent with the Comprehensive Plan. The Lake County Planning and Zoning Board may recommend approval, approval with conditions, or denial. The application and recommendation Shall then be forwarded to the Board of County Commissioners for consideration.

Board of County Commissioners. In making a decision on an application which has been presented to the Lake County Planning and Zoning Board, or making a decision on a application presented directly to the Board of County Commissioners, the board Shall consider the recommendation made by the Lake County Planning and Zoning Board, if applicable, the staff report and the standards relevant to the particular action sought by the applicant as set forth in the applicable sections of these regulations. The Board of County Commissioners may approve, approve with conditions or deny the application. Notification of the Board of County Commissioners' decision Shall be mailed to the applicant, and the decision Shall be filed in the office of the County Manager or designee, if applicable.

Withdrawal of Applications. An application may be withdrawn at any time so long as written notice is given. However, when the application is being presented to the Board of County Commissioners for final approval, or to the Board of Adjustment for final approval, written notification of withdrawal must be given no later than twenty-four (24) hours prior to the hearing, or the applicant must appear at the hearing and withdraw the application in person. If written notice of withdrawal is not timely received, the application Shall be presented to the appropriate body. An applicant withdrawing an application Shall not be entitled to a refund of any fees paid.

14.00.05 Notice Procedure. Notice of all public hearings which are required by a provision of these regulations Shall be given as follows, unless expressly stated otherwise:

Publication of Notice.

Board of County Commissioners: Publication of the notice of a hearing before the Board of County Commissioners Shall comply with the applicable provisions of the Florida Statutes.

Lake County Planning and Zoning Board and Board of Adjustment. Publication of notice before the Lake County Planning and Zoning Board and Board of Adjustment Shall be properly advertised in a newspaper of general circulation at least ten (10) calendar days before the hearing date.

Notice of intent to consider a development agreement under Section 14.18.00, Land Development Regulations, Shall be advertised approximately seven (7) calendar days before each public hearing in a newspaper of general circulation and readership in Lake County. The day, time and place at which the second public hearing will be held Shall be announced at the first public hearing.

Mailing of Notice.

The County Manager or designee Shall mail notices to the owners of all real property contiguous to and within three hundred (300) feet of the perimeter of the applicant's property subject to the application no later than ten (10) days before the hearing date. If the property involved is part of a larger parcel, the perimeter of the larger parcel Shall be used for this purpose. However, if the larger parcel is a planned unit development (PUD), all owners within the PUD Shall be notified. The names and addresses of adjacent property owners Shall be determined by reference to the latest approved ad valorem tax roll. Mailing of said notice Shall be considered notice.

For development agreements pursuant to Section 14.18.00, Land Development Regulations, notice of intent to consider a development agreement Shall be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held Shall be announced at the first public hearing.

Posting of Notice. The County Manager or designee, the applicant, or the property owner Shall post a copy of the notice on the property subject to the application. The notice Shall be located where the notice would be in the most conspicuous place to the passing public. In addition, the notice Shall be posted on the public access roads and county road(s) closest to the property subject to the application. The property Shall be posted a minimum of ten (10) calendar days prior to the public hearing.

Content of Notice. All notices required hereunder Shall include at a minimum the following information:

Date, time and place of public hearing.

Title of the ordinance, if applicable.

The place where the ordinance can be inspected, if applicable.

A statement advising that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

For development agreements pursuant to Section 14.18.00, Land Development Regulations, the notice Shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and Shall specify a place where a copy of the proposed agreement can be obtained.

Postponement. If notice of the public hearing is not provided in accordance with the standards provided above, the public hearing Shall be postponed to a later date in order to provide adequate notice to the public.

14.00.06 Procedures Governing Public Hearings. The following procedures Shall apply to all boards and committees established by the County, including the Board of County Commissioners:

Appearance before the board. Members of the public other than the applicant, the staff and a person who has filed a notice of appearance, Shall be allowed to testify before the board, subject to control by the board, and may be requested to respond to questions from the board, but need not be sworn as a witness, are not required to be subject to cross-examination, and are not required to be qualified as an expert witness. The board Shall assign weight and credibility to such testimony as it deems appropriate. A party, or person who has filed a notice of appearance, may be sworn as a witness, may be subject to cross-examination by other parties, and may be required to be qualified as an expert witness at the discretion of the board hearing the application.

Exceptions. All persons appearing before the Board of Examiners (BOE) Shall be sworn in prior to giving any testimony relevant to the case currently before the board regardless of whether a notice of appearance has been filed.

Procedures. The following procedures will be followed for all public hearings required under this Chapter:

Staff report. The staff report Shall be available to the general public at least five (5) days prior to the hearing on the case. If the staff report cannot be completed within the five (5) days due to failure on the part of the applicant to supply requested information, staff Shall have the right to postpone the hearing on the case. Otherwise, failure to complete the staff report within five (5) days Shall give the applicant the option of either postponing the hearing or continuing with the scheduled hearing date. However, in the event the applicant chooses to continue to the hearing without the staff report, staff Shall have the option of recommending denial.

Notice of appearance.

Anyone other than the applicant and the staff who wishes to participate as a party in the case or cross examine other witnesses, must file a notice of appearance no later than five (5) days prior to the hearing. The notice of appearance should include the name and address of the person seeking to appear. A notice of appearance Shall give a person the right to appear either in person as a party to the case or to be represented by an agent at the hearing.

Those filing a notice of appearance Shall be considered parties to the hearing, subject to a determination of standing if challenged.

The chairman of the board may allow participation in the hearing by persons filing a notice of appearance after the five (5) day deadline, upon a showing of excusable neglect by that person, but if a late appearance is permitted, the applicant Shall have the right to continue the case, at their option, without additional cost. Persons who do not demonstrate excusable neglect are not entitled to seek any delay in the proceedings.

Written communications. All written communications received by board members concerning an application or pending case Shall be immediately turned over to the County Manager or designee. The County Manager or designee Shall include the written communication in the file for public inspection. All such written communications Shall be offered into evidence and received by the board into evidence subject to any objections by participants at the hearing.

Site visits. Members of the board may conduct site visits.

Basis of board decisions. All decisions made by the board Shall be based upon evidence actually presented to the board at the hearing on the case, which Shall include staff reports, testimony of witnesses and any other evidence presented to the board. Strict rules of evidence Shall not apply, but evidence must be relevant to the issues before the board and hearsay should be avoided.

Conduct of hearing. The order of appearance Shall be as follows:

Staff Shall announce the case.

The board Shall solicit and decide issues of standing.

Staff Shall present the case.

Applicant Shall present its case.

Additional parties Shall present their case.

Comments from persons other than staff, the applicant or those who filed a notice of appearance.

Applicant rebuttal.

Closing discussion between board and staff.

Standing. No person Shall participate in the case as a party unless that person can demonstrate that they will suffer an adverse effect to an interest that exceeds in degree the adverse effect to the interest of the public in general. All persons who received a notice of hearing or filed a notice of appearance Shall be presumed to have standing unless challenged by another party. Decisions regarding standing Shall be made by the chairman, subject to review by the board upon motion and second being made.

Files to be maintained. All evidence admitted at the hearing, and a copy of the document setting forth the decision of the board Shall be maintained in a separate file constituting the record of the case. Upon approval thereof by the board, the minutes of that portion of the meeting concerning the case Shall be placed in the record. The record Shall be kept in the custody of the clerk of the board at all times during the pendency of the case, and where there are multiple hearings on a single case, custody of the record should not be given to any board member, party or member of the public, until the case is fully concluded, except that any member of the public may examine the file in the office of the clerk of the board at all reasonable times.

Action by Decision-Making Body. Based upon a finding of consistency with the Comprehensive Plan, findings of fact and conclusions of law, the decision-making body Shall render a verbal decision at the hearing. The County Manager or designee Shall prepare a proposed written order for review and execution by the chairman within thirty (30) days of the verbal decision. The written order Shall include a statement regarding appellate rights. The time for appeal Shall begin from the day the decision-making body renders an written decision, unless otherwise provided for by statute.

Notification. A copy of the final decision Shall be mailed to the applicant and to those who filed a notice of appearance. A copy of the final decision Shall be filed in the office of the County Manager or designee.

Postponement of Application. An application scheduled for public hearing may be postponed as follows:

An applicant may request one (1) continuance of the scheduled public hearing provided such request is filed with the county manager, or designee, at least ten (10) days prior to the scheduled hearing. The county manager or designee may grant the request. The applicant shall be required to pay all additional costs for republication and mailing. All interested parties, including the applicant and noticed property owners shall be given due notice of the delay and of the new hearing date and time.

The board may continue a public hearing when it is deemed necessary to acquire additional information, public testimony, or time in order to render a determination. It is the intent of the board that continuances be limited to no more than one (1) so as to not unduly inconvenience the public. However, the board may grant additional continuances for good cause based on extenuating circumstances.

14.00.07 Ex parte Communications.

Application. This Subsection Shall apply to all quasi-judicial proceedings in which public hearings are required or proceedings in which a property right is at issue. However, this Subsection Shall specifically exclude any proceedings or hearings in relation to the Comprehensive Plan Evaluation and Appraisal Report or amendments to the Comprehensive Plan.

Communications between staff and public. Oral and written communications between staff and members of the public Shall be permitted and encouraged.

Communication between the Board of County Commissioners and the public. Members of the Board of County Commissioners Shall be permitted to receive and participate in oral or written ex-parte communications regarding quasi-judicial matters before the board, and any presumption of prejudice arising out of such ex-parte communications is hereby removed and declared non-existent, if all requirements of this Section are followed as to any ex-parte communication:

Any oral ex-parte communication with a board member relating to pending quasi-judicial action Shall not be presumed prejudicial to the outcome of the matter if the subject matter of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record in the quasi-judicial proceeding before final action on the matter.

Any written communication to a board member from any source, regarding a pending quasi-judicial matter, Shall not be deemed prejudicial to the outcome of the matter, if the written communication is made part of the record in the quasi-judicial proceeding before final action on the matter.

Board members may conduct site visits and may receive expert opinions regarding quasi-judicial matters pending before them, and such activities Shall not be presumed prejudicial to the outcome of the matter if the existence of the investigation, site visit or expert opinion is disclosed and made a part of the record in the quasi-judicial proceeding before final action on the matter.

All disclosures required by this Section must be made before or during the public meeting at which a vote is taken on the quasi-judicial matter so that persons having opinions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond to the communication.

Communication between all other board members and the public. All communications concerning the case between any member of the general public, including the applicant and any board member, with the exception of the Board of County Commissioners, Shall be prohibited unless made at the hearing on the case.

Communication between Board members and staff. Written and oral communications between the board and staff Shall be limited to the facts of the application or case. Discussions of the positions or arguments of the applicant or members of the opposition Shall be prohibited. Attorneys for the board may render legal opinions when requested by the board members, but Shall not engage in factual determinations or advocate one party's position over another, except to the extent necessary to respond fully to a purely legal question.

14.00.08 Dedication of Real Property, Right-of-Way, or Easement. Before an applicant is required to dedicate any real property, right-of-way, or easement as a condition of issuing a development order, the following criteria Shall be satisfied:

An individual determination by the County Manager or designee must be made that there is a nexus or connection between the need for additional real property or right-of-way and the proposed development. Legitimate considerations include but are not limited to the amount of real property or right-of-way needed to provide utilities, adequate maintenance of the roadway, drainage for that roadway and to generally provide for a safe and obstruction-free thoroughfare; and

An individual determination must be made by the County Manager or designee that the amount of real property or right-of-way required is roughly proportional to the impacts of the proposed development. The County Manager or designee Shall consider the nature of the development and the extent of real property or right-of-way necessary as a result of the impact of the development. In determining the extent of the right-of-way needed, the legitimate considerations set forth in Subsection A. above Shall be considered.

Editor's note— Ord. No. 2013-69, § 4, adopted December 17, 2013, amended § 14.00.08 to read as set out herein. Previously § 14.00.08 was titled to dedication of real property and right-of-way.

14.00.09 Res Judicata. Once a final decision denying an application has been made by the Board of County Commissioners or the Board of Adjustment, the matter Shall not be considered again for a period of one (1) year from the date the application was denied. The applicant may re-apply prior to the one (1) year, but the matter will not be presented to the Lake County Planning and Zoning Board, Board of County Commissioners or Board of Adjustment until after one (1) year has elapsed. However, the Board of County Commissioners and the Board of Adjustment Shall refuse to hear subsequent applications based upon a determination that a substantial change in circumstances has not occurred between the original denied application and the subsequent application, even where the subsequent application has been filed after the one (1) year has elapsed. Notwithstanding the foregoing, if:

The Board of County Commissioners denies an application without prejudice, the applicant may re-apply within ninety (90) days of the denial so long as a substantial change in circumstances has occurred between the time of the original denied application and the subsequent application.

At the request of a County Commissioner who voted in favor of denying an application, an item may be placed on the Board of County Commissioner's agenda to consider scheduling a new hearing on the application prior to the expiration of the one (1) year threshold provided for above. The Board of County Commissioners must consider whether there has been a substantial change in circumstances warranting the reconsideration of the application. If the Board of County Commissioners approves the individual Commissioner's request by a majority vote, the application will be scheduled for a new public hearing in front of the Board of County Commissioners and notice shall be provided as set forth in Chapter XIV of these regulations. Any person who submitted a comment card with contact information during the original public hearing that resulted in the denial of the application shall be notified of the date the Board of County Commissioners will consider an exception to the one (1) year threshold provided above.

14.00.10 Amendments to Approved Development Orders. After a development order has been issued, it Shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the development order without first obtaining a modification of the development order. A modification may be applied for in the same manner as the original development order, unless another Section of these regulations expressly provides otherwise. A written record of the modification Shall be maintained in the files of the County Manager or designee and, when appropriate, recorded in the public records of Lake County.

14.00.11 Fees. A schedule of fees may be established by resolution of the Board of County Commissioners in order to cover the costs of technical and administrative activities required pursuant to these regulations. Unless specifically exempted by the provisions of these regulations or by the County Manager or designee based upon a showing of hardship, an applicant for any development that is subject to the regulations set out in this chapter Shall bear the costs stipulated within such fee schedule. An application Shall not be deemed sufficient until all required fees have been paid.

14.00.12 Administration. The County Manager or designee Shall administer the provisions of the Land Development Regulations and if necessary Shall conduct periodic inspections to ensure ongoing compliance with development orders.

14.00.13 Action by the Lake County Code Enforcement Special Master. The Lake County Code Enforcement Special Master Shall have the authority to enforce the terms and conditions set forth in any development order issued pursuant to the Land Development Regulations, including but not limited to restrictions, notes, or other requirements contained within approved site plans or plats.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-13, § 7, 3-16-04; Ord. No. 2004-66, §§ 2, 3, 9-21-04; Ord. No. 2009-20, § 2, 4-21-09; Ord. No. 2009-62, § 7, 12-1-09; Ord. No. 2012-13, § 2, 2-28-12; Ord. No. 2013-5, § 2, 1-22-13; Ord. No. 2013-13, § 2, 2-26-13; Ord. No. 2013-69, § 4, 12-17-13; Ord. No. 2015-33, § 2, 9-15-15; Ord. No. 2017-52, § 16, 10-24-17; Ord. No. 2019-55, § 3, 10-22-19; Ord. No. 2023-18, § 2, 3-28-23)

14.02.00 - Comprehensive Plan Amendments.

14.02.01 State Law Controlling. The procedures in this Section Shall be followed in amending the Comprehensive Plan. This Section supplements the mandatory requirements of state law, which must be adhered to in all respects.

14.02.02 Application.

Generally. A property owner or the Board of County Commissioners may apply to the County Manager or designee to amend the Comprehensive Plan in compliance with the procedures, not inconsistent with State law, prescribed by these Regulations.

Submittals.

Generally. The application Shall include the following information:

The applicant's name and address.

A statement describing any changed conditions that would justify an amendment.

A statement describing why there is a need for the proposed amendment.

A statement describing whether and how the proposed amendment is consistent with the Comprehensive Plan.

A statement outlining the extent to which the proposed amendment:

(1)

Is compatible with neighborhood or surrounding land uses.

(2)

Affects the capacities of public facilities and services, specifically the levels of service for public infrastructure and services as set forth in the Comprehensive Plan.

(3)

Affects the natural environment.

(4)

Will result in an orderly and logical development pattern.

If the application requests an amendment to the Future Land Use Map, the applicant Shall include:

(1)

The street address and legal description of the property proposed to be reclassified.

(2)

The applicant's interest in the subject property.

(3)

The owner's name and address, if different than the applicant.

(4)

The current land use district classification and existing land use activities of the property proposed to be reclassified.

(5)

The area of the property proposed to be reclassified, stated in square feet or acres.

Such other information or documentation as the County Manager or designee may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

14.02.03 Standards for Review. In reviewing the application of a proposed amendment to the Comprehensive Plan, the Local Planning Agency and the Board of County Commissioners Shall consider:

Whether the proposed amendment is consistent with all elements of the Comprehensive Plan.

Whether the proposed amendment is in conflict with any applicable provisions of these regulations.

Whether, and the extent to which, the proposed amendment is inconsistent with existing and proposed land uses.

Whether there have been changed conditions that justify an amendment.

Whether, and the extent to which, the proposed amendment would result in demands on public facilities, and whether, or to the extent to which, the proposed amendment would exceed the capacity of such public facilities, infrastructure and services, including, but not limited to police, roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools, and fire and emergency medical facilities.

Whether, and the extent to which, the proposed amendment would result in significant impacts on the natural environment.

Whether, and the extent to which, the proposed amendment would affect the property values in the area.

Whether, and the extent to which, the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern.

Whether the proposed amendment would be consistent with or advance the public interest, and in harmony with the purpose and interest of these regulations.

Any other matters that may be deemed appropriate by the Local Planning Agency or the Board of County Commissioners, in review and consideration of the proposed amendment.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2017-52, § 17, 10-24-2017)

14.03.00 - Rezoning.

14.03.01 Generally. A property owner or the Board of County Commissioners may apply to the County Manager or designee for a change in zoning if in compliance with the procedures prescribed by these regulations.

14.03.02 Application. Applications for rezonings Shall be available from the County Manager or designee. A completed application Shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by agents will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature Shall be accompanied by a notation of the signatory's office in the corporation. Once determined to be sufficient, rezoning applications Shall be presented to the Lake County Planning and Zoning Board and the Board of County Commissioners for approval, approval with conditions or denial. Generally, the application Shall include the following information:

The applicant's name and address.

A narrative describing the request which includes:

A description of the typical operations and/or activities conducted on the property.

A statement describing any changed conditions that would justify the rezoning.

A statement describing why there is a need for the proposed rezoning.

A statement describing whether and how the proposed rezoning is consistent with the Comprehensive Plan.

A statement outlining the extent to which the proposed rezoning:

Is compatible with existing land uses.

Affects the capacities of public facilities and services.

Affects the natural environment.

Will result in an orderly and logical development pattern.

A conceptual site plan for all planned districts.

Square footage of all structures along with the anticipated access for the property and the approximate location of all natural features such as wetlands, forests, water bodies and floodplains.

If the rezoning request requires an amendment to the Future Land Use Map, the applicant Shall follow the procedures outlined in Section 14.02.00, Land Development Regulations.

Written authorization to enter the property during normal business hours (Monday through Friday, 8:30 a.m. to 5:00 p.m.) for the purposes of inspection. Such authorization Shall include a statement acknowledging that the County Manager or designee is not required to give advanced notice of entry or Shall include a statement that the County Manager or designee is required to contact the listed person at least twenty-four (24) hours in advance to schedule a site visit.

A complete legal description of the property.

Such other information or documentation as the County Manager or designee may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

14.03.03 Standards for Review. In reviewing the application for a rezoning, the Lake County Planning and Zoning Board and the Board of County Commissioners Shall consider:

Whether the rezoning is in conflict with any applicable provisions of the Code.

Whether the proposed amendment is consistent with all elements of the Comprehensive Plan.

Whether, and the extent to which, the proposed rezoning is inconsistent with existing and proposed land uses.

Whether there have been changed conditions that justify a rezoning.

Whether, and the extent to which, the proposed rezoning would result in demands on public facilities, and whether, or to the extent to which, the proposed rezoning would exceed the capacity of such public facilities, including, but not limited to police, roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools, and fire and emergency medical facilities.

Whether, and the extent to which, the rezoning would result in significant impacts on the natural environment.

Whether, and the extent to which, the proposed rezoning would affect the property values in the area.

Whether, and the extent to which, the proposed rezoning would result in an orderly and logical development pattern.

Whether the proposed rezoning would be in conflict with the public interest, and in harmony with the purpose and intent of these regulations.

Any other matters that may be deemed appropriate by the Lake County Planning and Zoning Board or the Board of County Commissioners, in review and consideration of the proposed rezoning.

14.03.04 Planned Unit Developments. The following additional information is required for the review and approval of planned unit developments (PUD):

Submittal Requirements.

Format Requirements. All plans for PUDs Shall include the following submittal format requirements:

All plans Shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless the County Manager or designee determines that a different scale is sufficient or necessary for proper review of the proposal, or another provision of these regulations requires a different scale.

The plans Shall be twenty-four (24) inches by thirty-six (36) inches in size. A three-quarter (¾) inch margin Shall be provided on all sides except for the left binding side where a two (2) inch margin Shall be provided unless the County Manager or designee determines that a different size is sufficient or necessary for proper review of the proposal.

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

All plans Shall set aside a space five (5) inches by six (6) inches on the front page of each set of submittals to be used for County approval stamps.

General Substantive Requirements. The front cover sheet of each plan Shall include:

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed site in the Section(s), Township and Range, together with the principal roads, city limits, and/or other pertinent orientation information.

A complete legal description of the property.

The name, address and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity Shall be shown.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

Each sheet Shall contain a title block with the name of the site, the stated and graphic scale, a north arrow, and date.

The plan Shall show the boundaries of the property with a metes and bounds description reference to Section, Township and Range, tied to a Section or Quarter-Section or Subdivision name and Lot number(s).

The area of property shown in square feet and acres.

An aerial photograph no older than the most recent aerials available from the County Manager or designee with property boundaries overlain. (Such aerial photograph may be located on a separate sheet if necessary).

Specific Preliminary Development Plan Requirements. The development plan should consist of a general sketch with supporting information (the plan Shall be drawn to scale, the proportions and location of land use may be generalized). Each development plan Shall show:

Existing Conditions.

(1)

The location of existing property or right-of-way lines both for private and public property, streets, sidewalks, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, stormwater management systems, fire hydrants, and any public or private easements.

(2)

Any land rendered unusable by deed restrictions or other legally enforceable limitations.

(3)

Contour lines at five (5) foot intervals unless it is determined that lower intervals are more appropriate for the size or location of the development.

(4)

All water courses, water bodies, floodplains, wetlands, jurisdictional wetlands, important natural features and wildlife areas, U.S.D.A. Soil Conservation Service soil types and Florida Land Use and Classification System (FLUCS) vegetative cover overlain on the plan.

(5)

Existing zoning district of the parcel.

(6)

A depiction of the abutting property within five hundred (500) feet of the proposal, not including public right-of-way in the measurement, showing:

(a)

Land uses and locations of principal structures and major landscape features.

(b)

Densities of residential use.

(c)

Traffic circulation systems.

(d)

Existing and proposed driveways and roadways.

(7)

Location of proposed site in relation to any established urban service areas and utilities.

(8)

A depiction of the proposed development entranceway/driveway in relation to other access locations sufficient to insure compliance with access management criteria.

Proposed Site Activities and Design.

(1)

The approximate location and intensity or density of the proposed site.

(2)

A general parking and circulation plan.

(3)

Points of ingress to and egress from the site with relation to existing or planned public or private road rights-of-way, pedestrian ways, or bicycle paths, and proposed access points to existing or planned public transportation facilities.

(4)

Proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public water management systems.

(5)

Location and availability of capacity for potable water and wastewater facilities to serve the proposed site, including a description of any required improvements or extensions of existing off-site facilities.

(6)

Proposed open space areas on the site and types of activities proposed to be permitted on them.

(7)

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

(8)

A description of how the plan mitigates or avoids potential conflicts between land uses.

Required Final Development Orders. Subsequent to the PUD approval, the developer Shall comply with Sections 14.07.00, 14.09.00, 14.10.00, Land Development Regulations, as applicable, and any other provisions of these regulations as applies to the specific development.

14.03.05 Waivers as Part of Planned Zoning Districts.

Applicants seeking to rezone their property to Planned Commercial District (CP), Planned Industrial District (MP), Community Facility District (CFD), Planned Unit Developments (PUD) or applicants seeking to obtain a Conditional Use Permit (CUP) may also seek a waiver to other provisions of the Land Development Regulations through the rezoning process without the need to submit a separate application for a variance.

As part of a rezoning or conditional use permit application, with demonstrated good cause, waivers from the minimum standards set forth in these Land Development Regulations may be requested by an applicant and granted by the Board of County Commissioners. However, such waivers must be specified in conjunction with a concept plan or site plan, otherwise all standards shall apply. Waiver requests shall be identified in the public hearing notice.

Waivers requested after approval of a rezoning application must be approved by the Board of County Commissioners at a public hearing, after notification of abutting property owners.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-13, § 9, 3-16-04; Ord. No. 2012-13, § 2, 2-28-12; Ord. No. 2019-04, § 2, 1-29-19; Ord. No. 2022-12, § 2, 2-22-22)

14.05.00 - Conditional Uses.

14.05.01 Generally.

Purpose. The purpose of this Section is to provide for uses that are generally compatible with the use characteristics of a zoning district, but which require individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make them compatible in their specific contexts.

Authority. The Board of County Commissioners may, in accordance with the procedures, standards, and limitations of these regulations, grant conditional use permits (CUP) for those uses enumerated in each of the zoning districts in Subsection 3.01.03, Land Development Regulations.

14.05.02 Application. Applications for CUP review Shall be available from the County Manager or designee. A completed application Shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by agents will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature Shall be accompanied by a notation of the signatory's office in the corporation. The CUP application Shall be presented to the Lake County Planning and Zoning Board and the Board of County Commissioners for approval, approval with conditions or denial. The application Shall include the following information:

If the specific conditional use applied for requires site plan approval, the applicant Shall submit a site plan meeting the requirements of Section 14.09.00, Land Development Regulations.

If the specific conditional use does not require site plan approval, the applicant Shall submit a written statement of proposed use including, but not limited to, the nature of the use, proposed improvements to the property, and include a sketch of the location of the proposed improvements to the property.

A complete legal description of the property.

Applications for a CUP Shall include such other information as the County Manager or designee deems necessary for the full and proper consideration and disposition of the application.

14.05.03 Standards for Review. In reviewing the application for a CUP, the Lake County Planning and Zoning Board and the Board of County Commissioners and Shall consider:

Consistency with the Comprehensive Plan and Local Code. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of the Comprehensive Plan, the Lake County Code, and is in compliance with all additional standards imposed on it by the particular provisions of these regulations authorizing such use.

Effect on Adjacent Properties.

The proposed conditional use will not have an undue adverse effect upon nearby property.

The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located.

All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through design, landscaping, and screening.

The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development of neighboring property, in accordance with applicable district regulations.

Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities including but not limited to police, roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools, and fire and emergency medical facilities. Levels of service established by the Comprehensive Plan Shall be considered.

Adequacy of Fire Protection. The applicant Shall obtain from the Lake County Emergency Services Division written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection.

14.05.04 Conditions. The Board of County Commissioners Shall attach such conditions, limitations, and requirements to a CUP as are necessary to effectuate the purposes of Subsection 14.05.03, Land Development Regulations, to carry out the spirit and purpose of these regulations and the Comprehensive Plan; and to prevent or minimize adverse effects upon natural resources and other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions Shall be set forth expressly in the ordinance granting the CUP.

14.05.05 Action by the Lake County Code Enforcement Special Master. The Lake County Code Enforcement Special Master Shall have the authority to enforce the terms and conditions set forth in any CUP and to recommend to the Planning and Zoning Board that the CUP be revoked.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-13, §§ 10, 11, 3-16-04; Ord. No. 2004-15, § 16, 3-16-04; Ord. No. 2012-13, § 2, 2-28-12)

14.06.00 - Development of Regional Impact and Florida Quality Development.

14.06.01 Generally.

A proposed Development of Regional Impact (DRI) or a Florida Quality Development (FQD) must comply with the requirements of Chapter 380, Florida Statutes. However, the proposed development Shall be submitted to the County Manager or designee as a planned unit development (PUD) in accordance with Subsection 14.03.04, Land Development Regulations. The application for the PUD Shall not be deemed complete until review by the Regional Planning Agency and the Department of Economic Opportunity have been finalized.

Amendments to an approved DRI or FQD Shall comply with the requirements of Chapter 380, Florida Statutes. However, all amendments to a DRI or FQD must also comply with Section 14.00.10, Land Development Regulations.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2017-52, § 18, 10-24-17)

14.07.00 - Subdivisions.

14.07.01

Generally. The purpose of this section is to provide for the review of the subdivision of land into individual saleable, leasable or rental units. The County Manager or designee Shall approve all preliminary Plats, construction plans and Final Plats if each is found to be in compliance with these regulations. Any preliminary Plat, construction plan or final Plat not in compliance with these regulations Shall be denied and a letter of denial Shall be sent to the applicant stating the reasons for the denial. All final plats Shall also be required to be accepted by the Board of County Commissioners. This section Shall apply to the subdivision of land into residential Lots only.

Necessary Public Services and Facilities. No final Plat which authorizes the development of five (5) or more Lots or dwelling units Shall be approved by the Board of County Commissioners unless the School Board has provided to the County Manager, or designee, a certification in accordance with Chapter V-A of these regulations indicating that there is or will be sufficient school capacity to provide education services for the students who will live in dwelling units placed or constructed on such Lots.

14.07.02 Platting Required. No application for a single-family building permit for construction in the unincorporated area of Lake County Shall be granted unless a plat including such parcel of land has been approved by the Board of County Commissioners and recorded in the official records of Lake County, Florida. The only exceptions to mandatory platting are as follows:

Lots of Record. Pursuant to Subsection 3.02.01, Land Development Regulations, a building permit Shall be issued for a single-family dwelling unit or duplex on a lot of record.

Lots Created Via Administrative Lot Split. Pursuant to Section 14.11.00, Land Development Regulations, a building permit Shall be issued for a single-family dwelling unit or duplex on a lot created via the minor lot split, family density exception, or agricultural lot split processes.

Developers Agreements. The County Manager or designee may, by agreement, allow up to six (6) building permits to be issued for a parcel of land prior to plat approval, but while the plat is in the process of approval, such agreement Shall be acceptable to the County Attorney and Shall prohibit the issuance of a Certificate of Occupancy until the plat is recorded.

(Ord. No. 2024-30, § 3, 8-13-24; Ord. No. 2025-45, § 3, 9-23-25)

14.07.03 General Submittal Requirements.

Format Requirements for all Submittals. All plans Shall include the following submittal format requirements:

All plans Shall be drawn to an appropriate scale to depict the necessary details required for review, unless the County Manager or designee determines that a different scale is sufficient or necessary for proper review of the proposal, or another provision of these regulations requires a different scale.

The plans Shall be a maximum of thirty (30) inches by forty-two (42) inches in size. A three-quarter (¾) inch margin Shall be provided on all sides except for the left binding side where a two (2) inch margin Shall be provided unless the County Manager or designee determines that a different size is sufficient or necessary for proper review of the proposal.

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

All plans Shall set aside a space five (5) inches by six (6) inches on the front page of each set of submittals to be used for County approval stamps.

General Requirements for all Submittals. The front cover sheet of each plan Shall include:

A complete legal description of the property.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

Each sheet Shall contain a title block with the name of the site, stated and graphic scale, a north arrow, and date.

The plan Shall show the boundaries of the property with a metes and bounds description reference to Section, Township and Range, tied to a Section or Quarter-Section or subdivision name and lot number(s).

The area of the property shown in square feet and acres.

A recent aerial photograph encompassing the project area and identifying the project area and total land areas with site improvements overlain. The aerial photograph Shall be no older than the most recent aerials available from the County Manager or designee. Newer aerial photographs may be required for projects in areas of major activity. The scale Shall be no smaller than one (1) inch equals four hundred (400) feet.

Minimum Floodplain Requirements. Subdivision proposals, including proposals for manufactured home park subdivisions, shall be reviewed to determine that:

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

All public utilities and facilities such as sewer, gas, electric, communications and water systems are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structure.

(Ord. No. 2012-71, § 8, 11-20-12; Ord. No. 2020-37, § 4, 8-11-20)

14.07.04 Preliminary Plats.

Preliminary Plat Review and Approval. Applications for preliminary plat review Shall be available from the County Manager or designee. A completed application Shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by agents will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature Shall be accompanied by a notation of the signatory's office in the corporation. The preliminary plat must be approved by the County Manager or designee prior to the applicant submitting construction plans. A preliminary plat submittal Shall include the following information:

Topography and Elevation.

Preliminary grading plans specifically including earthwork cut and fill.

Minimum lowest floor elevations of buildings within any special flood hazard areas.

Typical detail plan for each lot.

Statement that the earthwork as proposed will balance on-site, and, if not balanced, a summary of quantities being added or removed from the site. Earthwork removed from the site Shall not exceed the requirements of Section 6.06.00, Land Development Regulations.

Open space as required.

Potable Water and Wastewater Systems.

The boundaries of all existing and proposed utility easements. If the site is initially to be served by individual on-site systems, the applicant Shall include a description of how future centralized systems will be provided and the location of those utility easements, setbacks and rights-of-way needed for the provision of the centralized system.

Exact locations of on-site and nearby existing and proposed fire hydrants.

The projected flows of the water and wastewater treatment and pumping facilities, by phases if applicable.

A statement from utility provider(s) Shall be given indicating that the availability, capacity and willingness exists to serve the proposed development.

If central on-site facilities are provided the preliminary plat Shall show the location of on-site wells and the location of wells within one thousand (1,000) feet of any property line; provided, however, that the preliminary plat need only show those wells within one thousand (1,000) feet that required a consumptive use permit from the St. Johns River Water Management District or Southwest Florida Water Management District.

Streets, Parking and Loading.

The layout of all existing and proposed streets, easements, rights-of-way, sidewalks and driveways with paving and drainage plans showing existing and proposed elevations, road profiles and grades of all public and private paved areas within the proposed development.

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.

The location of all exterior lighting.

The location and specifications of any proposed garbage dumpsters.

Location, names and widths of existing roads, highways, easements, building lines, adjacent driveways, alleys, parks, sidewalks and other public spaces and similar facts regarding adjacent property within five hundred (500) feet of the boundaries of the proposed development.

Trees.

Whenever the project site contains any trees, the site improvements overlain on an aerial photograph no older than then most recent aerials available from the County Manager or designee must be submitted for staff to evaluate the need for tree removal.

[Reserved.]

Landscaping.

Location and dimensions of proposed buffer zones and landscaped areas.

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

Name and location of plant materials to be installed or preserved.

All distances and dimensions.

Delineation of proposed parking spaces, other vehicular areas, access drives, and aisles.

A detailed irrigation plan, if available, or in the absence of such a detailed plan, a notation that an automatic irrigation system will be installed that meets the requirement of Chapter IX, Land Development Regulations, prior to the issuance of a certificate of occupancy.

Location of buildings.

Gross acreage.

Area in square feet of paved areas.

Use or zoning classification of adjacent properties.

Environmental Review.

Wetlands. Review is required when the site contains or is adjacent to wetlands, even if alteration is not proposed.

Wildlife. Preliminary survey, no older than six (6) months for designated species and habitat when potential native habitat is being altered or cleared.

Environmentally Sensitive Lands.

(1)

For any proposed site within the Wekiva River Protection Area, as defined in Part II, Chapter 369, Florida Statutes, an environmental survey Shall be conducted in accordance with the County-approved methodology to assess the impacts of development on ground and surface water quality, quantity, and hydrology, native vegetation and wildlife species, designated species, wetlands and associated uplands before granting approval of any proposed development.

(2)

For any proposed development within the Green Swamp Area of Critical State Concern, as defined in Chapter VIII, Land Development Regulations, an environmental survey Shall be conducted.

Ground Cover and Land Use. Description of current ground cover and land use, as defined by the Florida Land Use and Classification System (FLUCS) and imperviousness by sub-basin.

Mining. When mining is proposed, a completed mining site plan application must be submitted which complies with the requirements of Section 6.06.00, Land Development Regulations.

Stormwater Management.

Stormwater master plan, showing hydrologic boundaries, and all adjacent properties affected thereby.

Project boundaries and areas.

Sufficient topographical information with elevations to verify the location of all ridges, streams, etc. (one (1) foot contour intervals within the project's boundaries and for proposed off-site improvements).

High water data or critical flood elevations on existing structures upstream of, within and downstream of the project.

Notes indicating sources of high water data and critical flood elevations.

Notes pertaining to existing standing water, areas of heavy seepage, springs, wetlands, streams, hydrologically sensitive areas, etc.

Existing stormwater management features (ditches, roadways, ponds, etc.) are to be shown a minimum of one thousand (1,000) feet downstream of the proposed development unless the ultimate outfall system is a lesser distance.

Stormwater management features, including locations of swales, stormwater ponds, and general location of proposed stormwater works.

Delineation and area of pre-site and post-site sub-basins.

Delineate retention/detention areas and ingress/egress areas for facilities maintenance.

General type of soils by sub-basin (as defined by the U.S.D.A. Soil Conservation Service Maps), and general location of soil borings.

Special flood hazard areas for any areas in or within one hundred (100) feet of the property. The source of these elevations Shall also be shown on the plans.

Preliminary stormwater calculations justifying the location and area of retention ponds, approved by a professional engineer.

Proposed drainage easements.

Name of the legal entity proposed for maintenance.

Flood Hazard Areas. Where any portion of the proposed subdivision, including manufactured home park subdivisions, lies within a flood hazard area, the following shall be required:

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats;

Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 14.09.01(B)(3)(c)(1); and

Compliance with the site improvement and utilities requirements of Section 14.20.00.

10.

General Subsoil Investigation. A subsoil report Shall be prepared by a geotechnical engineer, professional geologist or professional engineer experienced in the preparation of this type of report. The contents of the subsoil report Shall include soil classifications, gradation, wet season groundwater table, vertical and horizontal soils permeability rates, soils porosity values, and the depth of the relative impermeable soil layer for determining the duration of the vertical infiltration.

11.

Title Opinion. A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated no earlier than thirty (30) calendar days prior to the submittal, showing all persons or entities with an interest of record in the property including, but not limited to, the record fee owners, easement holders, mortgage and lien holders, leasehold interest holders, judgment interest holders and parties with any interest in the land by reason of probate or other legal proceedings. The report Shall include the tax identification number(s) for the property and copies of documents such as deeds, easement, etc. referenced in the title opinion.

12.

Project Phasing. The following requirements apply to property which is to be developed in phases:

A preliminary site plan for the entire site to be developed.

A site phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas and facilities.

Total acreage in each phase and gross intensity (non-residential) and gross density (residential) of each phase.

Number, height, and type of residential uses.

Floor area, height, and types of office, commercial, industrial and other proposed uses.

Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

Approximate location and acreage of any proposed public use such as parks, school developments, and similar public or semi-public uses.

A vicinity map of the area within one (1) mile surrounding the site showing:

(1)

Land use designations and boundaries.

(2)

Traffic circulation systems.

(3)

Major public facilities.

(4)

Municipal boundary lines.

(5)

Urban service area boundaries.

Other documentation as determined by the County Manager or designee to be necessary to allow for satisfactory review under the requirements of these regulations and other applicable law.

13.

Noise.

Use of all property within three hundred (300) feet of the applicant's property.

A noise study, if required, consistent with the standards delineated in Section 9.09.00, Land Development Regulations.

Incorporation of noise study recommendations to mitigate noise impacts into implementation and design of applicant's property.

Approval of Preliminary Plat. The County Manager or designee Shall approve all preliminary plats, if found to be in compliance with these regulations. Any preliminary plat not in compliance with these regulations Shall be denied and a letter of denial Shall be sent to the applicant stating the reasons for the denial.

Expiration of Preliminary Plat Approval.

Preliminary plat approval Shall be effective for a period of twelve (12) months from issuance. The applicant must submit construction plans, and have such plans approved by the County Manager or designee within the initial twelve (12) month period.

An applicant may submit a written request for a single extension of the twelve (12) month time frame for an additional six (6) months. Such written request Shall be submitted at least thirty (30) calendar days prior to the expiration of the effective period, otherwise such preliminary plat approval Shall expire. If submitted on time, the extension Shall be granted where the applicant has demonstrated a good-faith effort to submit substantially complete construction plans and has diligently worked with the County Manager or designee towards approval of such plans. However, the extension Shall be denied if any portion of the preliminary plat has become inconsistent with the Comprehensive Plan as determined by the County Manager or designee.

In the event the applicant's construction plans are not approved within the initial twelve (12) month period following preliminary plat approval, and an extension is either (a) not applied for; (b) applied for and denied; or (c) applied for, granted, and expired, the applicant Shall be required to submit a new application for preliminary plat approval. Such re-submittal Shall be reviewed in accordance with the provisions of the Comprehensive Plan or Land Development Regulations in effect at the time of re-submittal.

Multi-phase Developments.

Expiration dates for preliminary plat approval for multi-phase developments exceeding two hundred (200) lots Shall be determined at the time of preliminary plat approval for all phases. However, in no event Shall the preliminary plat approval exceed six (6) years.

For multi-phase developments, construction plans for the initial phase must be submitted and approved by the County Manager or designee within twelve (12) months of preliminary plat approval. Construction plans for subsequent phases must be submitted and approved by the County Manager or designee within eighteen (18) months of approval of the construction plans for the previous phase.

(Ord. No. 2009-62, § 8, 12-1-09; Ord. No. 2012-71, § 8, 11-20-12; Ord. No. 2020-37, § 4, 8-11-20)

14.07.05 Construction Requirements.

Construction Plan Submittal Requirements. Construction plans Shall be approved by the County Manager or designee before an applicant submits for final plat approval. Construction plans Shall include the information required as a result of preliminary plat approval, plus the following detailed information:

Existing Conditions.

A soils map of the site overlain on the construction plan. Existing U.S.D.A. Soil Conservation Service maps are acceptable.

A map of vegetative cover based on the Florida Land Use and Classification System (FLUCS).

A detailed overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonal high water-table elevations and attendant drainage areas for each within the proposed development and within five hundred (500) feet of the boundaries of the proposed development.

The 100-year flood elevations.

Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project.

Existing and proposed on-site wells.

Proposed Subdivision Activities and Design.

Generally.

(1)

Area and percentage of total site area to be covered by an impervious surface.

(2)

Construction phase lines.

Potable Water and Wastewater Systems.

(1)

Exact location and availability of capacity for potable water and wastewater facilities to serve the proposed site, including a description of required improvements or extensions of existing off-site facilities.

(2)

Exact location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

(3)

The plans and profiles of proposed water distribution systems and sanitary sewers Shall be at a horizontal scale equal to the scale shown on the subdivision plan with grades and sizes indicated. If piped systems of water supply and/or sewers are not proposed, then size and location of wells and drain fields Shall meet the requirements of these regulations and the regulations of the Lake County Health Department. Easements, setbacks, and rights-of-way to provide future centralized services Shall be shown.

(4)

The applicant Shall provide the following information should the development require a central wastewater treatment.

(a)

The applicant Shall submit a signed and sealed copy of a complete Florida Department of Environmental Protection (FDEP) application for a wastewater treatment construction permit to the County Manager or designee for staff review and comments.

(b)

The permit application Shall be submitted with all construction plans, reports, details, and narratives as required by FDEP, and the County wastewater design standards. An engineering report Shall be submitted with applications for new reuse or land application projects. The engineering report Shall include the following:

(i)

Exact boundaries of the land application area with setback distances on a one (1) foot topographical survey map.

(ii)

Land uses within one (1) mile of the property.

(iii)

Inventory of potable and nonpotable water supply wells and monitoring wells within one-half (0.5) mile radius of the land application-site.

(iv)

If expansion of the site is anticipated, the proposed future expansion-site location.

(v)

Inventory of surface waters within one (1) mile of the land application site with their classifications, their approximate distances, and their uses identified.

(vi)

A soil report on the proposed land application area to include the following information:

A U.S.D.A. Soil Conservation Service soil map.

Site specific soil borings to indicate the physical characteristics of the various subsurface soil layers. The borings should be made to a depth of at least ten (10) feet below the average ground water table or to depth of at least twenty (20) feet below the lowest proposed grade of the land application area if groundwater is not encountered. Representative soil profiles Shall be submitted and Shall indicate physical and chemical characteristics of the subsurface soils pertinent to the design of the effluent disposal system such as the texture, the vertical and horizontal permeability values, the available water capacity, ph, organic content, etc. The locations of the soil borings and the locations and depths of the pertinent tests should be shown on the submitted plans.

(vii)

A hydrogeologic survey to include the following information:

A proposed ground water monitoring plan, if applicable.

The direction and rate of existing ground water movement and the points of discharge; and the anticipated direction and rate of the ground water movement, and points of discharge after land application.

Flood prone areas within one-half (0.5) mile of the site. The frequencies and magnitude of the flooding Shall also be indicated.

For rapid-rate and absorption field projects, a ground water mounding analysis based on development specific information Shall be included.

(viii)

For projects involving expansion of existing sites, Type III facilities, and slow-rate land application systems in public access areas, an abbreviated engineering report may be accepted if the applicant demonstrates that the facility has not or will not be a problem. However, for rapid-rate and absorption field systems, all engineering reports Shall include a ground water mounding analysis.

(5)

Written documentation as to the legal entity responsible for maintaining the water and wastewater system. If the entity is a governmental unit, other than Lake County, the applicant must supply written proof in the appropriate form, by either a letter or resolution, that the governmental entity will accept the operation and maintenance of the stormwater management system, including lakes, easements, etc.

Streets and Driveways

(1)

The layout of all streets, sidewalks and driveways with paving and drainage plans showing existing and proposed elevations and grades of all public and private paved areas.

(2)

Typical cross Sections and specifications of all proposed pavement.

(3)

Typical and special roadway and drainage Sections.

(4)

Location of all temporary construction access.

Stormwater Management.

(1)

It is the responsibility of the applicant to include sufficient information for the County Manager or designee to evaluate the following:

(a)

The environmental and hydraulic characteristics of the affected areas.

(b)

The potential and predicted impacts of the proposed activity on community waters.

(c)

The effectiveness and acceptability of those measures proposed by the applicant for eliminating or reducing adverse impacts.

(d)

The ability of an entity to properly maintain the system.

(2)

At a minimum, the following information is required:

(a)

Type of facility, e.g., detention, retention, swales.

(b)

Method of conveyance of stormwater runoff, e.g., swales, curb and gutter, sheet flow.

(c)

Location of stormwater retention/detention facilities.

(d)

Pre-site and post-site drainage basin divides.

(e)

Stormwater calculations, sealed by a professional engineer for all stormwater works, including design high water elevations for all applicable storm events.

(f)

Pre-site and post-site stormwater flows and stages for the site and retention/detention ponds including, but not limited to, the following:

(i)

Pre-site hydrograph, post-site runoff hydrograph to the stormwater pond, and the routed post-site hydrograph discharged from the stormwater pond. Hydrographs Shall be in accordance with the standards set forth by the St. Johns River Water Management District or the Southwest Florida Water Management District.

(ii)

Pre-site and post-site runoff volumes.

(iii)

Stage-area storage calculations for the stormwater pond.

(iv)

Stage-discharge calculations for the outfall control structure, including tailwater assumptions.

(v)

Treatment volume and recovery calculations for the stormwater pond and associated swales or works.

(vi)

Soil storage or curve number calculations per sub-basin, including impervious calculations.

(vii)

Time of concentration calculations per sub-basin.

(viii)

100-year floodplain compensating calculations, if applicable.

(ix)

Recharge demonstration where required for Natural Resources Conservation Service (NRCS) Hydrologic Group A Soils.

(g)

Storm sewer, culvert and open channel tabulations including, but not limited to, the following:

(i)

Location and type of drainage works.

(ii)

Length of facility and dimensions including diameter, height, and/or width for pipes, and cross-sections for open channels.

(iii)

Sub-basin areas tributary to each drainage work.

(iv)

Runoff coefficient or curve number per sub-basin.

(v)

Time of concentration to the inlet of each drainage work.

(vi)

Each stormwater flow to and from the stormwater work or junction point.

(vii)

Hydraulic gradient for the applicable storm event, including losses through works with friction and local loss coefficients.

(viii)

Estimated receiving water elevation with sources of information, if available.

(ix)

Velocities for all facilities and details for provisions to control erosion.

(h)

Geotechnical engineering Shall be provided for the following:

(i)

Subsoil Report. A subsoil report Shall be prepared by a geotechnical engineer, professional geologist or professional engineer experienced in the preparation of this type of report. The contents of the subsoil report Shall include at a minimum, but not be limited to, soil borings which indicate American Association of State Highway and Transportation Officials (AASHTO) soil classifications, gradation, determination of existing (24-hour test) and wet season groundwater table, field determined vertical and horizontal soils permeability rates, soils porosity values, and the depth of the relative impermeable soil layer for determining the duration of the vertical infiltration. A minimum of two (2) borings will be taken per retention/detention area for each pond equal to or larger than ten thousand (10,000) square feet. A single boring may be acceptable for ponds less than ten thousand (10,000) square feet depending on existing site conditions and suitability of existing soil. Soil boring locations, date of borings, and reference elevations Shall be included in the report.

(ii)

Earthwork quantities.

(iii)

Subdivision grading plan at a one (1) foot contour interval including roads, lots, detention basins and any excavation and fill.

(iv)

Typical lot grading schemes.

(v)

Density of the project.

(i)

Any other information that may be required by the County Manager or designee based upon size and type of proposed development.

(j)

Projects requiring a Management and Storage of Surface Waters Permit (MSSW), pursuant to Chapter 40C-4, Florida Administrative Code, from the St. Johns River Water Management District or from the Southwest Florida Water Management District Shall submit copies of all completed applications, and support documentation submitted for the MSSW permit.

Environmentally Sensitive Lands.

(1)

Detailed statement or other materials showing the percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

(2)

The manner in which habitats of designated species are protected or mitigated.

(3)

Location and description of proposed conservation easements.

(4)

Evidence that the applicant has contacted all other state or local agencies having jurisdiction over environmentally sensitive lands.

Signs. The location of all existing and proposed street and directional signs Shall be shown.

Land Use and Dedications.

(1)

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, and the like.

(2)

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

(3)

The total number and type of residential units categorized according to the number of bedrooms. The total number of residential units per acre (gross density) Shall be given.

(4)

Location of proposed site in relation to any established urban service areas.

(5)

Incorporation of noise study recommendations for mitigating noise impacts.

Wellfield Protection. Location of on-site wells, and wells within one thousand (1,000) feet of any property line requiring a consumptive use permit from the St. Johns River Water Management District or Southwest Florida Water Management District. Public supply wellfield protection Shall be in accordance with Section 6.03.00, Land Development Regulations. Wellfield protection areas and wellhead exclusion zones Shall be indicated on all plans and drawings.

Wildlife.

(1)

Mitigation plan for impacts to designated species.

(2)

Mitigation plan for loss of scrub habitat.

Landscape plan. The plan Shall be prepared by a registered landscape architect if the plan proposes development of three (3) or more dwelling units or any commercial, industrial, or community facility project. The plan Shall include the following:

(1)

A detailed plan illustrating the irrigation system Shall be provided to meet the requirements of Section 9.01. Irrigated areas, delineating vegetated groupings such as turf grass, shrubs, trees, Shall be graphically shown, including areas not irrigated, and their areas quantified in square feet or acres in relative percentages on the landscape plan, and the plan shall identify the location of rain sensor devices, sprinkler zone valves, wells, backflow prevention devices, rotor heads, spray heads, low volume and micro-irrigation areas, and high volume irrigation areas;

(2)

Designation by common and botanical (scientific) name, including applicable cultivar name, size, and location of plant material to be installed or preserved in a natural state in accordance with the requirements of this Section;

(3)

Landscaping on adjacent property intended to count towards any landscaping requirement;

(4)

Location of all required buffers, showing width and number of required trees, shrubs, and landscape features;

(5)

Location of preserved trees, or clusters of trees, intended to count for landscape credits with the species and Diameter at Breast Height Caliper called out or a certification by a registered Landscape Architect or Arborist stating that a group of trees will meet the minimum size for required trees;

(6)

A tree removal permit application for any protected trees proposed to be removed, showing their location.

Approval of Construction Plans. The County Manager or designee Shall approve all construction plans, if found to be in compliance with these regulations. Any construction plan not in compliance with these regulations Shall be denied and a letter of denial Shall be sent to the applicant stating the reasons for the denial.

Expiration of Construction Plan Approval.

Construction plan approval Shall be effective for a period of twenty-four (24) months if construction commences within six (6) months of receiving approval or if the applicant files for final plat approval within six (6) months of receiving construction plan approval.

The applicant may submit a written request for a single six (6) month extension. Such written request Shall be submitted at least thirty (30) calendar days prior to the expiration of the effective period, otherwise such construction plan approval Shall expire. If submitted on time, the extension Shall be granted where the applicant has demonstrated a good-faith effort to complete construction in accordance with the approved plans and has diligently worked with the County Manager or designee towards such completion. However, the extension Shall be denied if any portion of the construction plans are inconsistent with the Comprehensive Plan as determined by the County Manager or designee.

In the event construction is not completed within the initial twenty-four (24) month construction plan approval period, and an extension is either (a) not applied for; (b) applied for and denied; or (c) applied for, granted, and expired, the applicant Shall be required to submit a new application for construction plan approval. Such re-submittal Shall be reviewed in accordance with the provisions of the Comprehensive Plan and the Land Development Regulations in effect at the time of re-submittal.

Construction Provisions.

Pre-Construction Conference. A pre-construction conference between the developer/owner, their engineer, the contractor, all utilities and the County staff Shall be held at least five (5) days before commencement of construction. The developer/owner Shall be required at this time to give the County Manager or designee written permission to inspect the construction-site at any reasonable time without advance notification to the developer/owner.

Construction Start. The County Shall be notified at least five (5) days in advance of the proposed date of the beginning of construction. Any time that work is to stop for a period of time in excess of five (5) days, other than stoppage beyond the contractor's control, and holidays, the County Shall be notified in writing of such interruption. The construction plans and all revisions Shall be readily accessible to County staff during all periods of activity. No activity Shall be permitted without these documents on-site.

Inspection. Representatives of the County Shall periodically visit the project site to make a visual inspection of the progress of the work and methods of construction. Upon observation of work not done in accordance with the approved plans and specifications, the County will notify the developer's/owner's contractor and/or the developer/owner or designee and request that the necessary corrections be made or tests performed to assure compliance with the specifications, at no cost to the County. The County Manager or designee may issue a stop work order if corrections are not made as instructed. The County Manager or designee may issue stop work orders on any project which has commenced prior to securing proper County permits and approval. Work Shall cease until such time that appropriate approvals are obtained. All permit applications Shall be subject to any applicable late charges.

Staged inspections during construction are required and it Shall be the responsibility of the developer/owner or their contractor to notify the County to arrange for these inspections. During construction and upon completion of the construction stage identified with an asterisk (*), the developer/owner or contractor Shall notify the County that the stage is ready for inspection and will await clearance before proceeding to the next stage:

(1)

Clearing and grubbing.

(2)

*Removal of unsuitable material (if applicable).

(3)

Utility systems.

(4)

Stormwater facilities and subdivision lot grading.

(5)

*Underdrains and exfiltration pipe (mandatory unless otherwise directed).

(6)

*Inlets, box culverts, and all other concrete structures when steel is in place prior to pouring.

(7)

*Stabilization of subbase.

(8)

Curb and gutter (including backfill behind curbing).

(9)

*Base course.

(10)

*Finishing base course prior to paving.

(11)

*Wearing surface during application.

(12)

Sidewalks, driveways, dumpster pads, and other reinforced structures (prepour).

(13)

Cleanup and dressing of right-of-way limits.

(14)

Sodding and/or landscaping.

(15)

Pavement marking and traffic control signals.

(16)

Street name signs.

(17)

Traffic signal systems

(18)

*Final inspection.

The County will require twenty-four (24) hour notice of said scheduled inspections. The purpose of these inspections is to ensure compliance with the approved construction plans and to advise the County whether or not the roads, traffic controls, storm drainage, utilities, and other required improvements being constructed appear to qualify for acceptance by the County. The County accepts no responsibility or liability for the work, or for any contractual conditions involving acceptance, payment, or guarantees between the contractor and the developer, by virtue of these stage inspections. The County assumes no responsibility or commitment guaranteeing acceptance of the work or for subsequent failure, by virtue of these stage inspections. However, if any aspect of the work being performed does not comply with acceptable standards, corrections will be required by the County as a condition for acceptance. All required improvements Shall be installed, and have the approval of the County prior to acceptance.

Testing. Tests which are required under these regulations Shall be performed by a competent engineering testing laboratory which Shall have an engineer registered in Florida as one (1) of the responsible officials of the firm. All such testing costs Shall be paid for by the owner/developer.

Utility Construction and Coordination. All utility construction within the right-of-way, including but not limited to, traffic signal systems, electrical power, lighting, telephone, cable, water, sewer, and gas Shall require review and approval by the County. Construction and inspection of this work Shall be subject to all provisions of these regulations. It Shall be the developer/owner's responsibility to coordinate all utilities concerning the development. The developer/owner Shall make the necessary arrangements with each utility in accordance with the utility's established policies. All utilities Shall be given notice prior to commencement of construction. Notification Shall be made to the Sunshine State One Call at least seventy-two (72) hours prior to the start of work.

Traffic Control During Construction. The developer/owner Shall prohibit public traffic from using newly constructed roadways until they are accepted and approved to be opened by the County. The developer/owner or contractor Shall be required to provide work zone traffic during construction within the public right-of-way until approval is given by the County to remove the controls.

Restoration of Disturbed Areas within the Right-of-Way. During the course of construction, the contractor Shall take special care and provide adequate protection in order to minimize damage to vegetation, surface areas, and structures within the right-of-way, and take full responsibility for the replacement or repair thereof. Existing landscaping, sidewalks/bike paths, and driveways removed, disturbed, or destroyed by construction Shall be replaced to County standards. All grassed areas disturbed within the right-of-way Shall be sodded with the same or better material. All traffic control devices damaged by construction activity Shall be replaced immediately to County specifications, especially in the case of traffic signals and stop signs.

Road Numbering. All roads to be accepted for County Maintenance Shall have a road number assigned prior to final approval of construction. Upon the request of the developer/owner, the County will assign numbers for the specific roads requested. The assigned number Shall be included, per County specifications, on all road name signs to be placed on the right-of-way.

Signing and Pavement marking. All signing and pavement marking Shall be installed prior to final approval. All pavement markings must comply with Florida Department of Transportation standards adopted pursuant to Section 316.0745, Florida Statutes. Developers must provide pavement marking testing reports to the County in accordance with the Florida Department of Transportation specifications in Section 316.0745, Florida Statutes. In no case Shall new roads be opened for traffic prior to the installation of traffic control devices. Traffic control devices may include, but not be limited to regulatory signs, warning signs, informational signs, road name signs, turn lane striping, stop bar and centerline striping and edge striping.

10.

As-Built/Record Drawings. A complete set of as-built plans Shall be submitted to the County for review. These plans Shall indicate any and all deviations from the original construction plans such as invert elevations, grade changes, utility locations, ditches, etc. Each individual sheet Shall be clearly stamped "As-Built" and Shall be signed, sealed and dated by the engineer of record. However, a digital drawing exchange file (.dxf) may be submitted with a letter signed and sealed by the engineer of record. The letter Shall describe the changes from the original plans and Shall include a red lined set of plans. The certification of the engineer of record may be submitted on separate documents or drawings.

11.

Final Inspection and Approval.

The County Shall be notified when the project is complete. Upon receiving a request at least twenty-four (24) hours in advance, excluding weekends and holidays, for final inspection of the completed work, the County's representatives, together with the representatives of other interested agencies, Shall perform the final inspections.

Final approval Shall be granted upon satisfactory completion of the final inspection, submissions and approval of as-built/record drawings, certified test reports, surveyor's certification (Lot Line Certification), approval by utility providers and/or other appropriate governmental agencies, and maintenance bonds, if applicable, and of the payment of all outstanding fees.

14.07.06 Completion of Infrastructure.

Completion of Infrastructure Prior to Final Plat Approval. Upon approval of the preliminary plat and approval of the construction plans, the applicant may begin construction of infrastructure improvements. After the infrastructure improvements are completed the applicant may submit a final plat to the County Manager or designee for submission to the Board of County Commissioners for consideration and final approval.

Completion of Infrastructure After Final Plat Approval. Upon approval of the preliminary plat and approval of the construction plans, the applicant may choose to submit a final plat to the County Manager or designee for submission to the Board of County Commissioners for consideration and approval along with the guarantees and sureties specified in Subsection 14.08.00.C.

Upon approval of the final plat, the County Manager or designee Shall record the final plat with the Clerk of the Circuit Court prior to the selling of any lot or building site by the applicant/developer. A certificate of occupancy Shall not be granted by the County until construction of all infrastructure improvements are completed and approved and/or accepted by the County unless the County has agreed through a developer's agreement to issue at an earlier date.

14.07.07 Final Plat Requirements.

Final Plat Submittal Requirements. Prior to final Plat approval, the final plat Shall be consistent with all of the information in the preliminary plat and construction plans and Shall include the followings information and/or documents:

The final plat Shall conform with all requirements set forth in Chapter 177, Florida Statutes.

Final plats Shall be twenty-four (24) inches by thirty-six (36) inches with proper borders clear of all writing except for the space for plat book and page number, drawn to an appropriate scale. All text size on Plats Shall be a minimum of 0.10 inches in height, including lower case lettering. The scale Shall not be smaller than one (1) inch = one hundred (100) feet. The County Manager or designee may grant exception to this rule based on necessity or for good cause shown.

Survey markers.

Permanent Reference Monuments (PRMs), Shall be placed no more than eight hundred (800) feet apart within the Platted lands and on the exterior boundaries thereof so as to provide definite reference points. PRMs Shall be set at all points of curvature, points of reverse curvature, points of tangency, and each corner or change in direction. The monuments Shall be four (4) inches by four (4) inches reinforced concrete, twenty-four (24) inches long, and have the reference point marked thereon. All monuments Shall have their location indicated on the plat and referenced by angles and distances. The monuments Shall be marked "Permanent Reference Monuments" or "PRM."

A signed and sealed letter by the platting surveyor stating that all PRMs have been set must be received prior to final approval and recordation of the Plat.

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, stormwater systems, water and wastewater systems, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature Shall require the establishment of restrictive covenants and such covenants Shall be submitted with the final plat for recordation. Additionally, in any residential plat where landscaping is proposed on individual lots, the following statement Shall be included on the plat: Individual lot purchasers Shall be required to comply with all landscape maintenance requirements as set forth in Section 9.01, Land Development Regulations.

Where the site includes private streets, ownership and maintenance association documents Shall be submitted with the final plat and the dedication contained on the final plat Shall clearly indicate the roads and maintenance responsibility to the association without recourse to the city/County or any other public agency.

All man-made lakes, ponds, canals and other man-made water bodies excluding retention/detention areas shown on the final plat Shall be made a part of adjacent private lot(s) or dedicated to a homeowner's association as shown on the final plat. The ownership of these water bodies Shall not be dedicated to the public unless approved by the County.

When a conservation easement is required pursuant to Section 6.01.00, Land Development Regulations, the following information is required for review and approval prior to the recording of the conservation easement deed:

Completed conservation easement form with conditions and legal description.

Illustration of conservation easement on Final Plat.

A title opinion or an update of a previously submitted title opinion by an attorney at law licensed in Florida or a certification by an abstractor or a title company showing all persons or entities with an interest of record in the property including, but not limited to, the record fee owners, easement holders, mortgage and lien holders, leasehold interest holders, judgment interest holders and parties with any interest in the land by reason of probate or other legal proceedings. The report Shall include the tax identification number(s) for the property and copies of documents such as deeds, easements, etc., referenced in the title opinion. The title opinion required by this Subsection Shall be brought current to the day of approval of the final plat by the Board of County Commissioners.

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to Lake County Shall be created by covenants running with the land. Such covenants Shall be included with the final plat. Such organization Shall not be dissolved nor Shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate or sell the same to the County. In addition, if canals are included within the boundaries of the plat, the covenants shall include a provision that establishes an assessment upon all future lot owners to be used for canal maintenance, including, but not limited to, dredging, management of invasive vegetation, and removal of navigational hazards within the canals.

10.

An easement for utilities lying adjacent to and contiguous with all platted or deeded public rights-of-way, the minimum width of which Shall be seven and a half (7.5) feet in width, may be required in each subdivision submitted for approval, and dedicated on the final plat, upon an individualized determination that the dedication is related both in nature and extent to the impact of the proposed development. This easement, if required to be dedicated, is in addition to the current County standards for width and road rights-of-way.

11.

An easement for lot grading drainage, lying contiguous to the side and rear lot lines, a minimum of eight (8) feet total, may be required upon an individual determination that the dedication is related both in nature and extent to the impact of the proposed development, for the purpose of maintaining stormwater run off, as per construction plans submitted for the proposed development. Structures Shall not be permitted within said drainage easement area. Driveways, landscaping and other lot appurtenances may be allowed providing that they do not obstruct the flow of water as per approved lot grading plan. This easement, if required to be dedicated, is in addition to all other requirements for drainage and retention ponds.

12.

Establish a minimum of two (2) horizontal control points on the boundary of the subdivision plat with Florida State Plane Coordinates (Florida East Zone) values shown on the plat for each point established. The acceptable methods for establishing these control points Shall be as follows:

Direct Global Positioning System (GPS) observation, in accordance with Third Order, Class II requirements as set forth in Standards and Specifications for Geodetic Control Networks, Federal Geodetic Control Committee, September 1984. A certification by the surveyor and mapper in charge of the establishment of these points will be required as part of the submittal of the final plat.

Self closing (looped) traverse(s), conducted between two (2) existing control stations of the Lake County Geodetic Control Network and the plat boundary, with a minimum precision of no less than one (1) part in twelve thousand (12,000) before adjustment.

Self closing (looped) traverse(s), conducted between one (1) existing horizontal control station of the Lake County Geodetic Control Network, the plat boundary, and a line which azimuth has been determined by astronomic observation or GPS, with a minimum precision of no less than one (1) part in twelve thousand (12,000) before adjustment. Astronomic or GPS observations Shall be performed in accordance with Third Order, Class II requirements set forth in Standards for Geodetic Control Networks, Federal Geodetic Control Committee, September 1984.

Horizontal control stations that are used Shall be shown on the plat by graphically identifying their location, name and number. The final adjusted direct tie (bearing and distance) Shall be shown between those horizontal control stations and specific points on the plat boundary. If only one (1) horizontal control station was located as in Subsection c. above, a bearing diagram Shall be shown on the plat relating the bearing structure shown on the plat to grid North. Subdivisions of less than five (5) lots may be granted exemption from this Subsection for good cause shown.

13.

All plats must show a vicinity map referencing the project in relation to the nearest roads and road intersections. A vicinity map should state the scale or "not to scale", show the project location, and contain a north arrow. Additionally, the legal description of the platted land must contain the total acreage of the platted land and such acreage must be consistent with the title opinion.

14.

All plats situated in special flood hazard areas (FIRM "A" and "AE" zones) according to current flood insurance rate maps, must have a minimum of two (2) benchmarks clearly shown on the plat and state the elevations in the current applicable FIRM datum.

15.

All easements and rights-of-way that are identified in the title opinion, proposed, or existing, Shall be identified and graphically depicted, together with bearing and distance ties to the plat.

16.

Computer Aided Design and Drafting (CADD) methods Shall be used in the preparation of the subdivision plat. All final plats must be submitted in electronic format using AutoCAD version 12 or later. Graphics files Shall use the same bearing structure and coordinate system as the Lake County Geodetic Control Network and the Horizontal Control Station used to satisfy Subsection 12 above. Subdivisions of less than five (5) lots may be exempt from this Subsection for good cause shown.

Approval of Final Plat. The Board of County Commissioners Shall approve all final plats, if found to be in compliance with these regulations. Any final plat not in compliance with these regulations Shall be denied and a letter of denial Shall be sent to the applicant stating the reasons for the denial.

Expiration of Approval. Within twenty-one (21) calendar days of final approval by the Board of County Commissioners of the final plat, the applicant Shall provide the County Manager or designee a title opinion current through the date of the board's final approval. The final plat Shall not be recorded until such title opinion is supplied. If the final plat is not recorded within thirty (30) calendar days from the board's approval, the final plat approval will expire and the final plat will need to be presented to the board at the next available meeting. The applicant Shall be required to supply another title opinion updated through the date of the next board approval.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2006-37, § 2, 4-4-06; Ord. No. 2006-67, § 2, 7-18-06; Ord. No. 2006-107, § 3, 10-17-06; Ord. No. 2009-19, §§ 3, 4, 4-21-09; Ord. No. 2009-62, §§ 9—12, 12-1-09; Ord. No. 2016-13, § 4, 3-15-16; Ord. No. 2019-66, § 3, 12-17-19)

14.08.00 - Guarantees and sureties; establishment of a municipal services taxing or benefit unit.

Applicability.

Development Orders approved by Lake County often contain requirements for the construction of infrastructure, the installation of landscaping, or other required improvements to be constructed by a developer in connection with the approved development. In some instances, it is acceptable to delay the construction of infrastructure, the installation of landscaping, or the construction of other required improvements. The purpose of this Section is to provide a mechanism for such delay, while at the same time providing a guarantee to Lake County that such infrastructure, landscaping, or other improvements will be provided.

The provisions of this Section apply to all proposed developments in Lake County, including private road subdivisions.

Nothing in this Section Shall be construed as relieving a developer of any requirement relating to concurrency in the Comprehensive Plan or Chapter V, Land Development Regulations.

Once infrastructure improvements for new residential subdivisions are completed and accepted by the County, it is necessary to establish a Municipal Services Taxing or Benefit Unit (MSTU or MSBU) to provide long-term funding for the improvements accepted into the County's Road Maintenance System.

Developer's Agreements Required Where a Plat is Recorded Prior to Completion of Infrastructure. The approval of any final plat prior to the completion of the infrastructure Shall be subject to the developer providing assurance that all required improvements, including, but not limited to storm drainage facilities, streets and highways, water and sewer lines, wetlands mitigation, uplands mitigation, landscape requirements, and replacement trees Shall be satisfactory constructed according to the approved construction plans. The following information Shall be provided:

Agreement that all improvements, whether required by these regulations or constructed at the developer's option, Shall be constructed in accordance with the standards and provisions of these regulations.

The term of the agreement indicating that all required improvements Shall be satisfactorily constructed within the period stipulated. The term Shall not exceed two (2) years from the recording of the plat.

The projected total cost for each improvement. Cost for construction Shall be determined by either an estimate prepared and provided by the applicant's engineer or a copy of the executed construction contract.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

Agreement that upon failure of the applicant to make the required improvements (or to cause them to be made) according to the schedule for making those improvements, the County Shall utilize the security provided in connection with the agreement to ensure performance.

Provision of the amount and type of security provided to ensure performance.

Developer's Agreements Required to Delay Construction of Sidewalks. In the case of a single-family residential subdivision where sidewalks, other than common area sidewalks, are required, a Developer may elect to delay construction of the sidewalks which would be in front of the single-family residences. The approval of this delay Shall be subject to the developer providing assurance that such sidewalks will be satisfactorily constructed according to the approved construction plans. The following information Shall be provided:

Agreement that the sidewalks Shall be constructed in accordance with the standards and provisions of these regulations.

The term of the agreement indicating that all sidewalks Shall be satisfactorily constructed within the period stipulated. The term Shall not exceed four (4) years from the recording of the final plat, with the condition that no single family dwelling Shall be given a certificate of occupancy until and unless the required sidewalk is constructed along the entire frontage of such single family lot.

The projected total cost for such sidewalk. Cost for construction Shall be determined by an estimate prepared and provided by the applicant's engineer.

Agreement that upon failure of the applicant to construct such sidewalks according to the schedule for making those improvements, the County Shall utilize the security provided in connection with the agreement to make the improvements.

Provision of the amount and type of security provided to ensure performance.

Developer's Agreements Required to Delay Installation of Required Landscaping.

In the case of a single-family residential subdivision where landscaping, other than common area landscaping, is required, a Developer may elect to delay installation of the landscaping, which would be on or in front of the single-family lots. The approval of this delay Shall be subject to the developer providing assurance that such landscaping will be satisfactorily installed according to the approved construction plans. The following information Shall be provided:

Agreement that the landscaping Shall be installed in accordance with the standards and provisions of these regulations.

The term of the agreement indicating that such landscaping Shall be satisfactorily constructed within the period stipulated. The term Shall not exceed four (4) years from the date of recording of the plat, except that landscaping required on a lot other than street trees or adjacent zoning district buffers may be delayed until such lot requests a certificate of occupancy. No certificate of occupancy for a lot Shall be issued unless all landscape requirements for that lot have been installed.

The projected total cost for such landscaping. Cost for landscaping Shall be determined by an estimate prepared and provided by the applicant's landscape architect.

Agreement that upon failure of the applicant to install such landscaping according to the schedule for making those improvements, the County Shall utilize the security provided in connection with the agreement to make the improvements.

Provision of the amount and type of security provided to ensure performance.

In the case of a site plan approval for a commercial, institutional, community facility, industrial, condominium, recreational vehicle parks, or multifamily sites, where such site plan includes the approval of parcels or multiple building sites, where landscaping will be required for each building site, a developer may elect to delay installation of the landscaping which would be on each individual building site until a site plan and building permit are issued for such site. A developer will not be allowed to delay any adjacent property buffering, public roadway buffering, or buffering which will be provided on any common area. The approval of this delay Shall be subject to the developer providing assurance that such landscaping will be satisfactorily installed according to the approved construction plans. The following information Shall be provided:

Agreement that the landscaping Shall be installed in accordance with the standards and provisions of these regulations.

The term of the agreement indicating that such landscaping Shall be satisfactorily constructed at the time a site plan and building permit is issued for such site.

Amount and Type of Security.

Security requirements may be met by but are not limited to the following:

Cash, certified check or cashiers check.

Irrevocable Letters of Credit.

Surety Bond.

The amount of security Shall be one hundred and ten (110) percent of the total construction costs for the required developer installed improvements, including, but not limited to storm and drainage facilities, streets and highways, water and sewer lines, wetlands mitigation, uplands mitigation and landscaping requirements.

Completion of Improvements. When improvements are completed, final inspection Shall be conducted and corrections, if any, Shall be completed before final acceptance is recommended by the County Manager or designee to the Board of County Commissioners. A recommendation for final acceptance to the Board of County Commissioners Shall be made upon receipt of a certification of project completion by the project engineer including sealed as-built plans and one (1) copy of all test results.

Maintenance of Improvements.

A maintenance agreement and security Shall be provided by every developer for those projects dedicating property to the public to assure the County that all required improvements Shall be maintained by the developer according to the following requirements:

The period of maintenance Shall be a minimum of two (2) years or as otherwise set out in other parts of these regulations.

The maintenance period Shall begin with the acceptance by the County of the construction of the improvements.

The security Shall be in the amount of ten (10) percent of the entire construction contract amount which includes all costs of the improvements. Prior to the conclusion of the two (2) year maintenance period, the work will be inspected by the County. Deficiencies Shall be corrected by the developer/owner. Should the developer/owner fail to make corrections prior to the expiration of the maintenance bond, the County Shall make corrections utilizing funds from the bond.

If the developer enters into an agreement for sidewalks as specified above, the developer Shall provide a maintenance bond for sidewalk infrastructure at the time of the agreement. The bond Shall be for a period not to exceed six (6) years from the date of the agreement or two (2) years from the date that all sidewalks are completed, whichever occurs first.

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the County a legal entity Shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements. No development order Shall be issued for a development for which an owner's association is required until the documents establishing such association have been reviewed and approved by the County Manager or designee.

Municipal Services Taxing/Benefit Unit (MSTU or MSBU).

All new residential subdivisions, at the County's option, shall be subject to the imposition of a MSTU or MSBU to provide future funding for the long-term maintenance of the public infrastructure within the subdivision including, but not limited to, paving, grading, curbing, draining or other improvements of streets, sidewalks, drainage, or stormwater facilities. The MSTU or MSBU may also assess for street lighting, traffic signals, signage and landscaping in the publicly dedicated and maintained areas only.

A MSTU or MSBU will be created utilizing the process established in Article II, Chapter 18, Lake County Code.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2009-62, § 13, 12-1-09; Ord. No. 2023-31, § 2, 5-9-23)

14.09.00 - Site Plans.

14.09.01 Generally. The County may approve site plans for non-residential development or multi-family development if found to be in compliance with the requirements of these regulations. Additionally, site plans Shall be required for all ancillary uses to a residential subdivision, mobile home or recreational vehicle park, including but not limited to clubhouses, community buildings, active recreation sites, golf courses, and community pools. No application for a building permit on a parcel requiring site plan approval Shall be granted unless the site has been approved by the County Manager or designee. No site plan which authorizes the development of five (5) or more lots or dwelling units Shall be approved by the County Manager, or designee, unless the School Board has provided a certification in accordance with Chapter V-A of these regulations indicating that there is or will be sufficient school capacity to provide education services for the students who will live in dwelling units placed or constructed on such lots.

Applications for site plan review Shall be available at the office of the County Manager or designee. A completed application Shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by agents will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature Shall be accompanied by a notation of the signatory office in the corporation.

Submittal requirements.

Format Requirements. All site plans Shall include the following submittal format requirements:

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

All plans Shall set aside a space five (5) inches by six (6) inches on the front page of each set of submittals to be used for County approval stamps.

Requirements for all Submittals. The front cover sheet of each plan Shall include:

A complete legal description of the property.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

Each sheet Shall contain a title block with the name of the site, stated and graphic scale, a north arrow, and date.

The plan Shall show the boundaries of the property with a metes and bounds description reference to Section, Township and Range, tied to a Section or Quarter-section or subdivision name and lot number(s).

The area of the property shown in square feet and acres.

An aerial photograph no older than the most recent aerials available from the County Manager or designee with property boundaries overlain.

Existing Conditions.

(1)

The location of existing property or right-of-way lines both for private and public property, streets, sidewalks, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, stormwater management systems fire hydrants, and any public or private easements.

(2)

Any land rendered unusable by deed restrictions or other legally enforceable limitations.

(3)

Contour lines at two (2) foot intervals, unless shorter intervals are requested by the County Manager or designee based upon specific conditions of the project.

(4)

All water courses, water bodies, floodplains, wetlands, important natural features, all protected trees and wildlife areas, U.S.D.A. Soil Conservation Service soil types, Florida Land Use Classification System (FLUCS) vegetative cover overlain on the concept plan, and pre-site survey for designated species when native habitat is being altered or cleared.

(5)

Existing zoning district of the parcel and future land use map designation as appearing in the Comprehensive Plan.

(6)

A depiction of the abutting property within five hundred (500) feet of the proposal, not including public right-of-way in the measurement showing:

(a)

Land uses and locations of principal structures and major landscape features.

(b)

Intensities of non-residential use.

(c)

Traffic circulation systems including median cuts.

(d)

Existing and proposed driveways and roadways.

(7)

Location of proposed site in relation to any established urban service areas and utilities.

Proposed Site Activities and Design.

(1)

The approximate location and intensity or density of the proposed site.

(2)

A general parking and circulation plan.

(3)

(4)

Proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public water management systems.

(5)

(6)

Proposed open space areas on the site and types of activities proposed to be permitted on them.

(7)

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

(8)

A description of how the plan mitigates or avoids potential conflicts between land uses, including incorporation of all noise study recommendations to mitigate noise impacts.

(9)

The location of proposed ground signs.

(10)

A detailed plan, illustrating the irrigation system Shall be provided to meet the requirements of Section 9.01. Irrigated areas Shall be graphically shown, including areas not irrigated, and their areas quantified in square feet or acres in relative percentages on the landscape plan;

Landscaping on adjacent property intended to count towards any landscaping requirement;

Location of all required buffers, showing width and number of required trees, shrubs, and landscape features;

Location of preserved trees, or clusters of trees, intended to count for landscape credits with the species and Diameter at Breast Height Caliper called out or a certification by a registered Landscape Architect or certified Arborist stating that a group of trees will meet the minimum size for required trees;

A tree removal permit application for any protected trees proposed to be removed, showing their location.

(11)

Architectural renderings, elevations, drawings, pictures, or other documents necessary to demonstrate compliance with commercial design criteria, if applicable.

Environmental survey/assessment in accordance with Section 6.04.00, Land Development Regulations.

Information for development in flood hazard areas.

The site plan or construction documents for any development subject to the requirements of the floodplain regulations shall be drawn to scale and shall include, as applicable to the proposed development:

(1)

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

(2)

Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 14.09.01(B)(3)c.(2) or (3).

(3)

Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 14.09.01 (B)(3)c.(1).

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures.

(5)

Location, extent, amount and proposed final grades of any filling, grading or excavation.

(6)

Where the placement of fill is proposed, the amount, type and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(7)

Existing and proposed alignment of any proposed alteration of a watercourse.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents and other data that is required by the floodplain regulations, but that are not required to be prepared by a registered design professional, if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with the floodplain regulations.

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall:

(1)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

(2)

Obtain, review and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

(3)

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

(a)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

(b)

Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet; or

(4)

Where the base flood elevation data is to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 14.09.01(B)(3)e. and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

(2)

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 14.09.01(B)(3)e.

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(Ord. No. 2009-62, §§ 14, 15, 12-1-09; Ord. No. 2012-71, § 9, 11-20-12; Ord. No. 2014-3, § 4, 1-28-14; Ord. No. 2020-37, § 5, 8-11-20)

14.09.03 Expiration of Approvals.

Site plan approval Shall be effective for a period of eighteen (18) months from issuance. The applicant Shall commence construction in accordance with the approved site plan within this time period and continue in good faith towards the completion of the construction.

The applicant may submit a written request for a single two (2) month extension. Such written request Shall be submitted at least thirty (30) calendar days prior to the expiration of the effective period, otherwise such site plan approval Shall expire. If submitted on time, the extension Shall be granted where the applicant has demonstrated a good-faith effort to commence construction in accordance with the approved plans and has diligently worked with the County Manager or designee towards such commencement and completion. However, the extension Shall be denied if any portion of the site plan is inconsistent with the Comprehensive Plan.

In the event the construction is not commenced within the initial eighteen (18) month site plan approval period, and an extension is either (a) not applied for; (b) applied for and denied; or (c) applied for, granted, and expired, the applicant Shall be required to submit a new application for site plan approval. Such re-submittal Shall be reviewed in accordance with the provisions of the Comprehensive Plan and the Land Development Regulations in effect at the time of re-submittal.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2006-107, § 4, 10-17-06; Ord. No. 2009-19, § 5, 4-21-09)

14.10.00 - Master Park Plans.

14.10.01 Generally. The County Manager or designee Shall have the authority to approve master park plans to permit the development of mobile home and recreational vehicle parks; provided, however, that no master park plan which authorizes the development of five (5) or more lots, dwelling units, or placement of recreational vehicles Shall be approved by the County Manager, or designee, unless the School Board has provided a certification in accordance with Chapter V-A of these regulations indicating that there is or will be sufficient school capacity to provide education services for the students who will live in dwelling units or recreational vehicles placed or constructed on such lots.

14.10.02 Applications.

Applications for master park plan review Shall be available at the office of County Manager or designee. A completed application Shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by agents will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature Shall be accompanied by notation of the signatory's office in the corporation.

Submittal requirements. The master park plan Shall be prepared by an architect, surveyor or land planner together with an engineer and Shall be submitted to the County Manager or designee on a reproducible sheet, size twenty-four (24) inches by thirty-six (36) inches with two (2) prints drawn to scale and Shall contain the following information:

Name of the park, park owner and address.

Exact dimensions of all existing and proposed buildings, structures, streets, driveways, off-street parking spaces, off-street loading spaces and sidewalks.

The number of mobile homes, existing and proposed.

The existing and proposed land use of all areas and structures within the park.

Any abutting public street, delineating both the location of the right-of-way and pavement.

Existing and proposed topography at one (1) foot contour intervals.

A complete legal description of the property.

Required permits and approvals from agencies of the State of Florida.

Landscaping on adjacent property intended to count towards any landscaping requirement;

Location of all required buffers, showing width and number of required trees, shrubs, and landscape features;

Location of preserved trees, or clusters of trees, intended to count for landscape credits with the species and Diameter at Breast Height Caliper called out or a certification by a registered Landscape Architect or certified Arborist stating that a group of trees will meet the minimum size for required trees;

A tree removal permit application for any protected trees proposed to be removed, showing their location.

(Ord. No. 2009-62, § 16, 12-1-09)

14.10.03 Expiration of Approvals.

Master park plan approval Shall be effective for a period of twenty-four (24) months from issuance. The applicant Shall complete construction of the infrastructure in accordance with the approved master park plan within this time period.

The applicant may submit a written request for a single two (2) month extension. Such written request Shall be submitted at least thirty (30) calendar days prior to the expiration of the effective period, otherwise such master park plan approval Shall expire. If submitted on time, the extension Shall be granted where the applicant has demonstrated a good-faith effort to proceed with the project and has diligently worked with the County Manager or designee towards such. However, the extension Shall be denied if any portion of the master park plan is inconsistent with the Comprehensive Plan.

In the event the applicant does not complete the construction of the infrastructure within the initial twenty-four (24) month master park plan approval period, and an extension is either (a) not applied for; (b) applied for and denied; or (c) applied for, granted, and expired, the applicant Shall be required to submit a new application for master park plan approval. Such re-submittal Shall be reviewed in accordance with the provisions of the Comprehensive Plan and the Land Development Regulations in effect at the time of re-submittal.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2006-107, § 5, 10-17-06; Ord. No. 2009-19, § 6, 4-21-09)

14.11.00 - Minor Lot Splits and Family Density Exception.

14.11.01 Minor Lot Splits.

Generally. A minor lot split of a legally created lot that conforms to the requirements of this Section may be administratively approved by the County Manager or designee. An applicant for a minor lot split must comply with all conditions of approval within six (6) months from the date the application is approved to finalize the lot split. No extensions Shall be permitted.

Initial Submittal. The following information must be submitted to initiate a lot split:

A completed application form.

A boundary survey prepared by a professional land surveyor registered in the State of Florida which shows the legal descriptions, acreage, and square footage of the original and proposed lots together with the legal description of any existing or proposed easements. The boundary survey shall additionally show any encumbrances of record identified in the title opinion. Access to the property shall also be depicted on the survey. In the event the proposed lot split contains parcels greater than twenty (20) acres in size, a sketch of description for the land area containing such parcels shall be accepted instead of a boundary survey. However, the boundary survey shall be required for the land area containing parcels twenty (20) acres or less in size. (Example: A fifty (50) acre parcel being split into a twenty (20) acre parcel and a thirty (30) acre parcel would require a boundary survey of the twenty (20) acre parcel and a sketch of the description for the thirty (30) acre parcel.) The survey must show all structures, surface water bodies, flood zones with base flood elevations where defined, wetlands, and amount of acreage inside and outside of the wetland jurisdiction line, along with any encumbrances shown on the title opinion.

A statement indicating how water and sanitary sewer services will be provided to the original lot and newly created lots, if approved.

Current warranty deed for the subject property.

A Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map with property boundaries overlain.

A title opinion from an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of initial application, showing all persons or entities with an interest of record in the property, including, but not limited to, the record fee owners, easement holders, mortgage holders, and lien holders. The report Shall include the tax identification number(s) for the property and copies of all documents referenced in the title opinion.

Any other information as required by the County Manager or designee to fully evaluate the request.

Review Procedure.

The County Manager or designee Shall transmit a copy of the proposed minor lot split to any other appropriate departments of the County for review and comments.

If the proposed minor lot split meets the conditions of these regulations and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the minor lot split.

Standards. All minor lot splits Shall conform to the following standards:

The original legally created lot or lot of record may be subdivided into a total of two (2) parcels under this Section. Each newly created lot must meet the minimum acreage requirements of the applicable Future Land Use Classification and Zoning District assigned to the original legally created lot or lot of record.

Each newly created lot Shall conform to the required minimum lot dimensions for the Future Land Use Classification and Zoning District where the lots are located and either: (1) front on a publicly maintained paved road, OR (2) front on a non-exclusive easement for ingress and egress dedicated to the public for road, utility, and drainage purposes meeting all the following requirements:

If there is a need for a future road corridor, as determined by the County Manager or designee, and the criteria set forth in Section 14.00.08, Land Development Regulations, are satisfied, the easement must be dedicated to the public and accepted by the Board of County Commissioners. However, a private easement may be permitted if it is determined that there is no need for a future road corridor, the easement does not obligate the County to maintain it, and deed restrictions are recorded prior to lot split approval that require the property owners of the newly created lots to maintain the paved private road or easement;

Connect to a publicly maintained road;

Have a minimum width of fifty (50) feet;

Have a minimum road frontage along the private easement and maintain building setbacks as set forth in Section 3.10.00, Land Development Regulations; and

Have road name signs installed in accordance with applicable County regulations.

If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the property owner of the newly created lots may be required to dedicate the right-of-way width necessary to meet the minimum design criteria under Section 14.00.08, Land Development Regulations, prior to approval.

The newly created lots and any required easements shall comply with the Federal Emergency Management Agency (FEMA) flood regulations and Lake County floodplain management regulations. A flood determination by the Lake County Public Works Department may be required if flood issues exist on either parcel, as determined by County Manager or designee. Where buildable area exists out of the flood-prone area, development shall take place in that area.

The creation of a lot wholly within the 100-year flood zone is prohibited. Variances cannot be granted to this requirement.

Flag lots are prohibited. Variances cannot be granted to this requirement.

A minor lot split Shall not be approved within a platted subdivision when such lot split increases the density beyond the density permitted in the applicable Zoning District or Future Land Use Classification.

The approval of an application under this Section is for the sole purpose of recognizing the newly created parcels as legal lots for zoning purposes only. Nothing herein shall vest any newly created lot to any other requirement of the Land Development Regulations. Further, an approval under this Section cannot be relied upon to assert a claim of estoppel against the County if the newly created lots cannot be developed due to the inability to meet other requirements under these Land Development Regulations applicable to the development the property owner is pursuing. Applicants under this Section are solely responsible for performing any necessary due diligence to ensure the newly created lots will appropriately support future development.

For lots that were created through the lot split process prior to January 1, 2020, the County Manager or designee will determine whether an additional lot split will create a subdivision as defined in Section 177.031, Florida Statutes. If additional lot splits create a subdivision the lot split application shall be denied. The applicant may apply for a preliminary plat if they desire to further subdivide the property. Additionally, if a lot split necessitates other infrastructure to accommodate stormwater or utilities, as determined by County Manager or designee, the lot split application shall be denied and the applicant may use the platting process as set forth elsewhere in these regulations.

10.

All other Sections of the Land Development Regulations, and all requirements of the Comprehensive Plan Shall apply.

Final Submittal. Prior to final approval, in addition to any other requirements an updated title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including, but not limited to, the record fee owners, easement holders, mortgage, and lien holders, shall be required. The report Shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages, etc. referenced in the title opinion.

Recordation. Upon approval of the minor lot split, the County Manager or designee Shall record the minor lot split on the appropriate maps and documents, and Shall, at the applicant's expense, record the minor lot split in the public records of Lake County, Florida. The lot split shall not become effective until recorded in the public records and the applicant must pay the recording fees in advance.

No Further Subdivision Permitted. For lot split applications approved after January 1, 2020, once the minor lot split is approved and recorded, neither the original parcel nor the newly created parcels will be eligible for any further minor lot splits under this subsection unless the Board of County Commissioners approves by resolution an exception to this requirement to allow one (1) additional lot to be created. The following criteria may be used by the Board to determine if an exception should be granted:

The creation of one additional lot will not negatively impact public infrastructure, including roads, stormwater, or utilities.

The creation of the one (1) additional lot would meet all other requirements for a minor lot split.

If the Board approves the exception, the property owner must submit a lot split application, pay all required fees, and meet all other requirements set forth herein. If the Board denies the exception, any further subdivision of the properties may be accomplished through submittal of a preliminary plat application.

14.11.02 Family Density Exception.

Generally. The County may approve a family density exception of a legally created lot that conforms to the requirements of this Subsection. An applicant for a family density exception Shall have twelve (12) months from the date the application receives conditional approval to receive final approval by either: (1) obtaining a Certificate of Occupancy for each single-family dwelling unit constructed on the newly created lot(s); or (2) recording of a final approved plat. The twelve (12) month limitation may be extended if the applicant is granted an extension of time on the building permit.

Initial Submittal. The following information must be submitted to initiate a family density exception application:

A completed application.

A boundary survey prepared by a professional land surveyor registered in the State of Florida which shows the legal descriptions, acreage and square footage of the original and proposed lots together with the legal description of any existing or proposed easements. The boundary survey shall additionally show any encumbrances of record identified in the title opinion. Access to the property shall also be depicted on the survey. In the event the proposed lot split contains parcels greater than twenty (20) acres in size, a sketch of description for the land area containing such parcels Shall be accepted instead of a boundary survey. However, a boundary survey Shall be required for the land area containing parcels twenty (20) acres or less in size. (Example: A fifty (50) acre parcel being split into a twenty (20) acre parcel and a thirty (30) acre parcel would require a boundary survey of the twenty (20) acre parcel and a sketch of description for the thirty (30) acre parcel.) The survey must show all structures, easements, surface water bodies, flood zones with base elevation, wetlands and amount of acreage inside and outside of the wetland jurisdiction line.

A statement indicating how water and sanitary sewer services will be provided to the original lot and newly created lots, if approved.

Current warranty deed for the subject property.

Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) with property boundaries overlain. A flood determination by the Lake County Public Works Department may be required if flood issues exist on either parcel, as determined by County Manager or designee.

Proof of ascending or descending relationship (e.g., birth certificate, adoption order, marriage certificate) of each family member who will be taking title to a newly created lot. Lots may only be created for the following relations: grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the owner of the parent parcel. Any document in a foreign language must be accompanied by a full English translation certified by a translator. The translator must provide a notarized certification stating they are fluent in both the foreign language and English, and the translation is accurate.

Any other information as is required by the County Manager or designee.

Review Procedure.

The County Manager or designee Shall transmit a copy of the proposed family density exception to any other appropriate departments of the County for review and comments.

If the proposed family density exception meets the conditions of this Subsection and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the family density exception.

Standards. The creation of parcels for family members, as provided for in the Comprehensive Plan, need not require adherence to the acreage requirements set forth in the applicable Future Land Use Classification or Zoning District where the original lot is located, but Shall conform to the following standards:

Only as many lots may be created as are the number of qualifying family members plus one (1) for the subdividing family member (a/k/a owner of the original lot). To qualify as a family member under this Section, an ascendent or descendant must be eighteen (18) years of age or older and must be a grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the parent parcel owner.

Each proposed lot Shall be a minimum of one (1) acre of uplands.

The creation of a lot wholly within the 100-year flood zone is prohibited. Variances cannot be granted to this requirement.

Parcels created for family members Shall not be allowed within the Green Swamp Area of Critical State Concern (GSACSC) nor allowed within the Urban Future Future Land Use Series (Urban Low, Urban Medium, Urban High, Regional Office, Regional Commercial, Industrial, Bella Collina, South Lake Regional Park, Summer Bay, and Yacht Club at Lake Susan).

If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may be required to dedicate the right-of-way width necessary to meet the minimum design standards. Such dedication Shall be determined based upon the criteria set forth in subsection 14.00.08, Land Development Regulations.

Each proposed lot Shall front on a paved private road, a publicly maintained road, or an easement. Additionally, each proposed lot must have a minimum road frontage as and maintain building setback as set forth in Section 3.10.00, Land Development Regulations.

If an easement is utilized, the easement Shall be a non-exclusive easement for ingress and egress dedicated to the public for road, utility, and drainage purposes meeting the following requirements:

Connect to a publicly maintained road;

Have a minimum width of fifty (50) feet;

Have a minimum road frontage along the private easement and maintain building setback as set forth in Section 3.10.00, Land Development Regulations;

Have road name signs installed in accordance with applicable County regulations.

Flag lots are prohibited. Variances cannot be granted to this requirement.

Parcels created for family members must be retained by the family members for ten (10) years, pursuant to County approved deed restrictions recorded in the public records. This requirement Shall not apply to institutional lenders who obtain ownership because of foreclosure or deed in lieu of foreclosure.

10.

Only one (1) lot Shall be created for each family member, regardless of where the lot is located or the amount of time that has passed.

11.

If a residence is to be constructed on a parcel created for a family member, such parcel must be intended to be used as a primary residence by the family member. Parcels created for family members Shall be contingent upon the issuance of a building permit and Certificate of Occupancy within twelve (12) months from the date the application receives conditional approval. (For example, if an applicant requests that a five (5) acre, vacant lot, in the Rural land use category, be subdivided into a three (3) acre lot and a two (2) acre lot, then the applicant would have to submit a family density exception application concurrent with two (2) building permit applications.)

12.

The newly created lots and any associated easements shall comply with the Federal Emergency Management Agency (FEMA) regulations and Lake County floodplain management regulations. Where buildable area exists out of the flood-prone area, development shall take place in that area.

13.

A family density exception which authorizes the development of five (5) or more lots or dwelling units Shall not be approved by the County Manager, or designee, unless the School Board has provided a certification in accordance with Section 5-A.01.01 of these regulations.

14.

A family density exception shall not be approved within a platted subdivision when such lot split increases the density beyond the density permitted in the applicable zoning district or future land use category.

15.

The approval of an application under this Section is for the sole purpose of recognizing the newly created parcels as legal lots for zoning purposes. Nothing herein shall vest any newly created lot to any other requirement of the Land Development Regulations. Further, an approval under this Section cannot be relied upon to assert a claim of estoppel against the County if the newly created lots cannot be developed due to the inability to meet other requirements under these Land Development Regulations applicable to the development the property owner is pursuing. Applicants under this Section are solely responsible for performing any necessary due diligence to ensure the newly created lots will appropriately support future development.

16.

If the family density exception lot split will create a subdivision as defined in Section 177.031, Florida Statutes, the applicant may be required to submit a preliminary plat, proceed through the platting process, and otherwise comply with all requirements of Section 14.07.00 regarding the subdivision of land if the lot split necessitates construction plan approval for infrastructure to accommodate stormwater, improved road access, or utilities, as determined by County Manager or designee.

17.

All other Sections of the Land Development Regulations, and all requirements of the Comprehensive Plan Shall otherwise apply.

Final Submittal.

A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including, but not limited to, the record fee owners, easement holders, mortgage holders and lien holders. Mortgage and lien holders must provide a written Joinder and Consent. The report Shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages, etc. referenced in the title opinion.

An affidavit from the property owner or family member who will take title to the newly created lot shall be required attesting that they understand a single family dwelling must receive a Certificate of Occupancy within twelve (12) months of conditional approval, and that the property must be used as the property owner or family members primary residence.

The original parcel owner will execute a Notice to Third Parties, sworn to under oath and subject to penalties for perjury, and recorded in the public records, notifying any future purchaser that the lots were created for specified family members only; and that such lots shall not be entitled to receive any development approvals or permits if conveyed to non-specified family members or third parties. The family density exception shall not become effective until the Notice to Third Parties is recorded in the public records. The applicant shall remit the recording fees to the County in advance.

Exceptions to the Ten-Year Retention Requirement. Upon meeting the requirements of D. and E. of this Section, a variance may be applied for from the requirement that the property be retained by family members for a period of ten (10) years if the following can be demonstrated by the property owner:

Circumstances beyond the control of the property owner have caused a need for the property owner to sell the property, including, but not limited to, death, divorce, employment obtained elsewhere, military service, etc.; and

Without granting such variance, substantial hardship would be placed on the property owner.

Recordation. Upon approval of the family density exception, the County Shall record the family density exception, and easements if required, on the appropriate maps and documents and Shall, at the applicant's expense, record the family density exception, and easement if necessary, in the public records of Lake County, Florida. The family density exception shall not become effective until recorded in the public records and the applicant must pay the recording fees in advance

Reserved.

Prohibited Land Uses. Family density exceptions shall not be permitted within the Green Swamp Area of Critical State Concern, as described in Chapter 28-28, Florida Administrative Code, nor shall it be permitted within the Urban Future Land Use Series.

Enforcement. The County Manager or designee reserves the right to pursue all legal remedies against a property owner who obtains a family density exception to create lots for the sole purpose of resale to unrelated parties.

Release of Restrictions and Easements. The County Manager or designee is authorized to execute and record in the public records of Lake County, Florida, a Release of Restrictions or Ingress/Egress Easements in the following circumstances:

The applicant has failed to complete the family density exception by meeting the requirements of Section 14.11.02.A above.

Upon expiration of the ten (10) year retention period identified in Section 14.11.02.F above if requested by the applicant or successors in interest; provided, however, that Ingress/Egress easements may not be released unless the applicant can demonstrate the parcels have legal access by other means.

Family Density Exceptions Approved prior to September 23, 2025. For approvals issued prior to September 23, 2025, where the applicant has opted to maintain an Agricultural Classification rather than build a home for their family member, the Agricultural Classification must remain in effect for the applicable retention period (e.g., 5 or 10 years depending on year of approval). If the Agricultural Classification is removed or denied by the Lake County Property Appraiser's Office, the Family Density Exception shall be voided and any parcel without an approved single-family dwelling used as a family member's primary residence will be unified back with the original parcel.

14.11.03 Agricultural Lot Splits.

Generally. The County Shall approve an agricultural lot split of a legally created lot if it conforms to the requirements of this Subsection. An applicant for an agricultural lot split Shall have six (6) months from the date the application is submitted to the County to finalize the lot split, with no extensions.

Initial Submittal. The County Shall consider a proposed agricultural lot split upon the submittal of the following materials:

A completed application form.

A sketch of description prepared by a professional land surveyor registered in the State of Florida for the land area containing each forty (40) acre parcel shall be provided. The sketch of description must provide a calculation certifying that at least five (5) acres of the parcel is uplands.

One (1) paper copy of the proposed agricultural lot split.

A statement indicating how water and sanitary sewer services will be provided to the original lot and any newly created lots.

Current warranty deed for the subject property.

A Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map with property boundaries overlain.

Any other information as required by the County Manager or designee to fully evaluate the request.

Review Procedure.

The County Manager or designee Shall transmit a copy of the proposed agricultural lot split to any other appropriate departments of the County for review and comments.

If the proposed agricultural lot split meets the conditions of these regulations and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the agricultural lot split.

Standards. All agricultural lot splits Shall conform to the following standards:

There is no limit on the number of lots that may be created so long as the minimum acreage requirement is met.

Each proposed lot Shall be a minimum of forty (40) gross acres with at least five (5) acres of uplands.

The creation of a lot wholly within the 100 year flood zone is prohibited. Variances cannot be granted to this requirement.

Each proposed lot Shall have "A" Agricultural zoning.

Connect to a publicly maintained road;

Have a minimum width of fifty (50) feet;

Have a minimum road frontage along the private easement and maintain building setbacks as set forth in Section 3.10.00, Land Development Regulations;

Have road name signs installed in accordance with applicable County regulations.

The newly created lot and any required easements shall comply with the Federal Emergency Management Agency (FEMA) flood regulations and the Lake County Floodplain Management regulations. A flood determination by the Lake County Public Works Department may be required if flood issues exist on either parcel, as determined by the County Manager or designee. Where buildable area exists out of the flood-prone area, development shall take place in that area.

Flag lots are prohibited. Variances cannot be granted to this requirement.

Final Submittal. A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including, but not limited to, the record fee owners, easement holders, mortgage holders and lien holders. Mortgage and lien holders must provide a written Joinder and Consent. The report Shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages, etc. referenced in the title opinion.

Recordation. Upon approval of the agricultural lot split, the County Shall record the agricultural lot split, and easements if necessary, on the appropriate maps and documents and Shall, at the applicant's expense, record the agricultural lot split, and easement if necessary, in the public records of Lake County, Florida.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-14, § 5, 3-16-04; Ord. No. 2005-2, § 2, 1-4-05; Ord. No. 2005-94, §§ 2—4, 11-15-05; Ord. No. 2006-107, § 8, 10-17-06; Ord. No. 2022-40, § 4, 10-11-22; Ord. No. 2024-30, § 2, 8-13-24; Ord. No. 2025-45, § 2, 9-23-25)

14.12.00 - Lot Line Deviation/Adjustment.

14.12.01 Purpose and Intent.

To reconfigure two (2) or more lots of record or legally created lots each of which currently meet all other sections of these Land Development Regulations and all requirements of the Comprehensive Plan; or

To reconfigure two (2) or more lots of record or legally created lots in order to meet all other Sections of the Land Development Regulations and all requirements of the Comprehensive Plan or to make each lot more compatible to the Land Development Regulations and the Comprehensive Plan; or

To reconfigure two (2) or more lots of record, either one or all of which are non-conforming lots of record due to setbacks, in order to make them more conforming lots of record.

14.12.02 Standards.

A lot line deviation/adjustment may be applied for lots in either platted subdivision or a metes and bounds legal description, provided that each parcel or lot is currently recognized as a lot of record or legally created lot approved by the County.

Existing access to each lot may not be altered for each lot. (i.e., an easement may not be added or extended).

Only abutting lots of record or abutting legally created lots may be reconfigured.

A lot line adjustment Shall not be approved within a platted subdivision when such lot line adjustment changes the character of the subdivision, or where the lot line adjustment increases the density, beyond the general nature of the subdivision. The creation of a flag lot is prohibited.

14.12.03 Initial Submittal.

An application form provided by the County.

A sketch of description of the proposed Lot Line Deviation/Adjustment, showing the proposed lot reconfiguration, access, structures, and ownership.

Aerial photograph no older than four (4) years showing the boundaries of the proposed adjustment overlain.

Soil map showing the boundaries of the proposed adjustment overlain.

Current property record cards of the affected parcels.

Warranty deeds for the affected parcels.

14.12.04 Review.

The County Manager or designee Shall transmit a copy of the proposed Lot Line Deviation/Adjustment to any other appropriate departments of the County for review and comments.

If the proposed Lot Line Deviation/Adjustment meets the conditions of these regulations and otherwise complies with all applicable laws and ordinances, the County Manager or designee Shall approve the Lot Line Deviation/Adjustment.

Any other information as is required by the County Manager or designee.

14.12.05 Final Submittal. Prior to final approval, and in addition to any other requirements, legal descriptions, acreage and square footage of the original and proposed Lots together with the legal description of any existing or proposed easements Shall be shown on a boundary survey prepared by a professional land surveyor registered in the State of Florida. In the event the proposed lot line deviation/adjustment contains parcels greater than forty (40) acres in size, a sketch of description for the land area containing such parcels Shall be accepted instead of a boundary survey. However, a boundary survey Shall be required for the land area containing parcels forty (40) acres or less in size. (Example: two fifty (50) acre parcels doing a lot line deviation/adjustment into a forty-five (45) acre parcel and a fifty-five (55) acre parcel would allow a sketch of description, but two fifty (50) acre parcels doing a lot line deviation/adjustment into a sixty-five (65) acre parcel and a thirty-five (35) acre parcel would require a sketch of description for the sixty-five (65) acre parcel and a boundary survey for the thirty-five (35) acre parcel.) The boundary survey must show all structures, easements, flood zones with base flood elevation, and wetlands showing the total acreage inside and outside of the wetland jurisdiction line.

14.12.06 Recording. Upon approval of the Lot Line Deviation/Adjustment, the County Shall record the Lot Line Deviation/Adjustment on the appropriate maps and documents, and Shall, at the applicant's expense, record the Lot Line Deviation/Adjustment in the Public Records of Lake County.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-88, § 2, 12-21-04)

14.13.00 - Special Event Site Plans.

Purpose. The county may approve a special event site plan when a use is proposed for a parcel of property not otherwise covered by an existing, valid development order which would allow the requested use. If the proposed use is to occur more than twice per calendar year, the applicant shall not be entitled to utilize the provisions of this section. If the proposed use is to last more than thirty (30) days per event, the applicant shall not be entitled to utilize the provisions of this section.

Applications. Applications for a special event site plan shall be available at the office of the county manager or designee. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by agents will be accepted only with notarized proof of authorization by the owners. In case of corporate ownership, the authorized signature shall be accompanied by a notation of the signatory's office in the corporation.

Submittal Requirements.

Legal description as shown on a current deed or current property record card.

Plot plan that depicts the location of all existing structures, septic tank, drainfields and wells, wetlands and water bodies, and the location of all proposed temporary structures, parking areas, sanitary facilities, event areas, and ingress/egress points.

Standards for Denial. A special event site plan shall be denied if:

The proposed use is not allowed as a permitted or conditional use in the zoning district in which the property is located.

The application contains material, false information or is incomplete.

The proposed use would create a dangerous condition to the participants, adjoining property owners, or to the public in general.

Special Event Permit. Applicants may be required to obtain a special event permit as set forth in article V, if one (1) or more of the following criteria apply:

The event is intended to, or likely to, attract more than five hundred (500) people;

The event requires the temporary closure of any collector or arterial public roadway;

The event involves the use of pyrotechnics; or

The event exceeds the maximum allowed number of patrons within an establishment.

Exemptions.

Special events held on public property and sponsored or authorized by a public entity shall be exempt from this requirement.

Open air vendors are exempt from this requirement, so long as they are approved under section 14.19.00.

(Ord. No. 2013-5, § 5, 1-22-13)

14.14.00 - Development Permits.

14.14.01 Application. Application for the following development permits Shall be made to the County Manager or designee and may be acted upon without public hearing or notice. No portion of the permit fees will be refunded if the permit becomes void. Applications for development permits for individual single family and duplex dwelling units Shall not require a landscape plan which is sealed by a licensed registered landscape architect; however, prior to the issuance of a development permit for a individual single family or duplex dwelling unit, the applicant Shall submit information, including drawings if necessary, to demonstrate compliance with the requirements of the landscaping and lot clearing provisions of Chapter 9 of the Lake County Land Development Regulations.

14.14.02 Zoning Permits.

Generally. A zoning permit Shall be required prior to the issuance of any building permit or sign permit. Applications for a zoning permit Shall be available from the County Manager or designee.

Submittal Requirements. For any proposed residential or commercial building or structure, any proposed addition to an existing residential or commercial building or structure, any proposed residential or commercial accessory building or structure, or boat dock, the County Shall require the following:

A zoning permit/building permit application completed by the applicant.

A copy of the current tax receipt or property record card and a copy of the current recorded warranty deed.

A plot plan depicting the submittal requirements in Subsection 14.14.02D so that it may be determined whether the proposed development complies with the county ordinances and regulations.

For properties located on non-county-maintained roads or rights-of-way, the property owner must sign an affidavit acknowledging that the road or right-of-way is non-county maintained and that the County does not have any responsibility for maintenance of the road or right-of-way unless it is voluntarily assumed by action of the Board of County Commissioners.

Expiration of Zoning Permit Approval. Zoning permits Shall expire and become null and void within thirty (30) calendar days from the date of issuance of the permit, unless a completed application for a building permit has been submitted within the thirty (30) calendar days. However, any zoning permit issued prior to the effective date of these regulations Shall expire and become null and void ninety (90) calendar days from the date of issuance of such permit.

Plot Plan.

Submittal Requirements. For any proposed residential building, or structure, any proposed addition to an existing residential building or structure, any proposed residential accessory building or structure, or boat dock, the County Shall require a plot plan drawn to scale. The following Shall be included or shown in the submittal:

All property lines.

All road rights-of-way with road names labeled, if applicable.

All easements.

The location of the proposed building or structure that is to be occupied, the location of the proposed accessory building or structure, or the proposed location of the boat dock, including all setbacks.

The location of all existing buildings or structures, including proposed additions.

The location of all adjacent surface water bodies, wetlands, jurisdiction wetland line or high water line when necessary to establish a setback distance that is not available with the current information possessed by staff.

The location of special flood hazard areas showing base flood elevation and lowest adjacent grade to proposed structure.

On parcels which contain or abut water bodies, wetlands or are located in a flood hazard area, an Affidavit of No Wetland Alteration is required prior to the issuance of a building permit. If alteration of wetlands is proposed, the applicant must show proof of all applicable permits from the appropriate agencies; Florida Department of Environmental Protection, St. Johns River Water Management District, Southwest Florida Water Management District and U.S. Army Corps of Engineers.

The location of the septic tank, drain field and well.

If the lot is located in a subdivision with an approved mass grading plan, those sections of the mass grading plan which include the lot and all adjoining lots Shall be provided. If the lot approval is proposed using the simplified approval procedure set forth in subsection 9.11.00.E. of these Regulations, relative elevation changes Shall be shown on the plot plan. If the lot requires the submittal of a lot grading plan as provided in subsection 9.11.00.F., such plan Shall be provided.

The applicant must depict the above submittal requirements on the plot plan so that it may be determined whether the development complies with county ordinances and regulations.

Preparation.

An engineer, surveyor, general contractor, building contractor, residential contractor, landscape architect registered with the State of Florida, or property owner Shall prepare a plot plan.

If a plot plan is superimposed upon a professional engineer, surveyor or landscape architect's work, a note Shall be placed on the plot plan and signed by the applicant stating that this has been done. The note Shall state "this is not an original plan or survey."

A surveyor licensed and registered with the State of Florida is required to certify existing elevations and topography, and provide jurisdictional wetland line when required. An engineer or landscape architect is required for proposed improvements and changes to existing drainage patterns.

Submittal Requirements.

All plot plans Shall be drawn at an appropriate scale not less than one (1) inch equals forty (40) feet (1" = 20 or 1" = 30 scale may also utilized), unless the County Manager or designee determines that a different scale is sufficient or necessary for proper review of the proposal, or another provision of these regulations requires a different scale.

The plans Shall be either eight and one-half (8½) inches by eleven (11) inches; or seventeen (17) by eleven (11) inches in size. A one-half (½) inch margin Shall be provided on all sides.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s), if not the owner.

Compliance.

The issuance of a building permit does not assure that the building setbacks have been met or that the structure does not encroach on an easement. The owner and/or contractor have the sole responsibility of determining compliance with setbacks and non-encroachment of easements.

If the County determines the structure does not meet applicable setbacks or improperly encroaches on an easement the owner is responsible for moving the structure, restoring the easement to its original condition, or otherwise making the structure comply with County setbacks and other land use requirements.

Upon completion of work authorized by a development order or permit, and before the development is occupied, the developer Shall apply to the County for a certificate of occupancy. The County Shall inspect the work and issue.

(Ord. No. 2023-31, § 3, 5-9-23)

14.14.03 Reserved.

14.14.04 Tree Removal Permits.

Application for Permit. An application for tree removal Shall be filed on official forms provided by the County Manager or designee. The County Manager or designee Shall approve a tree removal permit if the application is in compliance with all requirements of these regulations. Completed applications Shall be returned to the department along with the following:

A tree inventory consisting of an aerial photograph no older than the most recent aerials available from the County Manager or designee or drawing at a scale of one (1) inch equals two hundred (200) feet or a scale that is legible for the area in which trees are being removed indicating:

Property boundaries.

The location of protected trees to be removed, Diameter Breast Height (DBH) caliper, and common name.

Reason for removal of trees.

Mitigation Plan indicating location, size and species of trees used for replacement.

Time for Application. Tree removal permits Shall be applied for as follows:

For subdivisions, an aerial with the proposed developments Shall be submitted at the time of the preliminary plat so that due consideration may be given to protection of trees during the subdivision design process. The tree removal application, if required, including the tree inventory Shall be submitted at the time of application of construction plan approval.

For a commercial, industrial, multifamily, or other use requiring site plan approval under these regulations, an application Shall be submitted at the time of site plan submittal so that due consideration may be given to protection of trees during the site plan design process.

For all new single-family and duplex dwelling units, an application Shall be submitted at the time of application for a building permit. The tree inventory may be shown on the building permit plot plan.

Upon request, the department may authorize an applicant to omit certain portions of the tree inventory where compliance with the requirements set forth herein would be unnecessary, such as when the omitted portions are not needed for the department to evaluate the application, or when large forested areas are involved. In such cases, the following inventory requirements Shall be submitted:

Property boundaries.

The general area(s) where all trees are located.

The species, density, and range of sizes (caliper) within the general area(s).

The location of all individual trees proposed for removal.

The location of proposed improvements.

(Ord. No. 2009-62, § 18, 12-1-09)

14.14.05 Reserved.

Editor's note— Ord. No. 2021-42, § 3, adopted Oct. 12, 2021, renumbered the former § 14.14.05 as § 18-3 and in doing so reserved § 14.14.05.

14.14.06 Driveway/Access Connection Permit.

Generally. No person Shall construct, build, establish or maintain any driveway or vehicle access connecting to a County maintained road without first having obtained a driveway/access connection permit from the County. No such permit Shall be issued for construction or maintenance or establishment of any such driveway except in accordance with the provisions of applicable County codes and standards. All work, regardless of exception to permitting, must be performed in compliance with the other provisions of these regulations and all other applicable laws and codes.

Applicability. All driveways and vehicle access connections within the public right-of-way, unless specifically exempt, are within the scope of these regulations regardless of size or extent.

Exceptions.

Connections associated with approved County construction projects.

Emergency access connections Shall be allowed without prior permitting. However, the County Shall be notified of the emergency connection by 10:00 a.m. the following workday. An application for a driveway/access connection permit Shall be submitted with applicable fees within two (2) days following the installation of the emergency connection. The County Shall have the discretion to permit, require modifications, permit temporarily or require removal of any connection made prior to receiving a driveway/access connection permit.

Application for Permit.

Application for a driveway/access connection permit Shall be filed on official forms provided by the County. Completed applications Shall be returned to the County along with the following information:

Single-family residential driveway Shall include a vicinity map, north arrow date, dimensions, name and address of the applicant and name and address of the engineer, if applicable.

Commercial or Multi-use Driveway:

(1)

A completed plot plan or construction plans drawn to scale, showing existing conditions and proposed improvements.

(2)

Plans Shall depict both existing and proposed driveways and roadways locations and widths on the site and within a minimum of five hundred (500) feet of the site on both sides of the street and in both directions.

(3)

Plans Shall indicate the distance to the nearest road intersection and identify all nearby roads.

(4)

Plans Shall include all improvements within the right-of-way proposed with the driveway installation including culverts, turn lanes, frontage roads, signing and pavement marking, landscaping, etc.

All permit applications must demonstrate that the proposed driveway and improvements conform to all requirements set forth in the Transportation Planning, Design and Construction Standards adopted by the Board of County Commissioners and Section 9.05.00, Land Development Regulations. Failure to provide accurate or complete information could result in modification or revocation of an approved permit.

Upon approval of the application, one (1) copy of the approved permit application, with attachments and any conditions of approval, will be returned to the applicant.

Additional Right-of-Way. If the property for which access is requested abuts or encompasses a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may be required to dedicate the additional right-of-way width necessary to meet the minimum standards as determined by Subsection 14.00.08, Land Development Regulations.

Inspection and Approval of Work. The County Shall have the right to inspect and approve materials and/or phases of work. Final inspection and acceptance of work must be obtained from the County to document the completion of the work. All work Shall be subject to the construction requirements and inspections as required in these regulations.

Guarantee and Responsibility for Compliance.

Permits Shall be issued with the understanding that the permittee Shall guarantee all work performed under the terms of the permit for a period of one (1) year from the date of final inspection and acceptance of work. However, any repairs which are due to an obvious failure to comply with applicable standards Shall be the responsibility of the original permittee regardless of the original date of acceptance.

Any failures Shall be repaired by the permittee, at the direction of the County, within five (5) days, unless the urgency of the problem requires a quicker reaction time.

The applicant assumes full and total responsibility for compliance with these regulations, supporting standards, additional requirements of the Board of County Commissioners, any municipal, County, state or federal laws, ordinances, or other directives which may apply to the proposed work.

The applicant or owner and any subsequent successor, heir or assign Shall be responsible for the perpetual maintenance of the permitted driveway within the right-of-way, other than public road connections.

14.14.07 Sign Permits.

Generally. The erection, alteration or reconstruction of a sign Shall not be commenced without obtaining a sign permit from the Lake County Building Official. The Lake County Building Official Shall issue a sign permit if the application is found to be in compliance with these regulations.

Time for Application. To ensure motorist safety, and to preserve and protect the visual beauty of the landscape, commercial, industrial and residential development applications Shall have the request for new signage submitted in conjunction with the site plan for review and approval prior to the issuance of a development permit.

Review Time. Applications Shall be reviewed for sufficiency in accordance with section 14.00.04(A), Land Development Regulations. Once deemed sufficient, applications for sign permits Shall be approved or denied by the Lake County Building Official within thirty (30) days of the date deemed sufficient. If the application is not approved or denied within the thirty (30) day period, the sign permit is deemed denied.

Standards for Review. In reviewing the application for a sign permit, the Lake County Building Official Shall deny an application if:

The application does not meet the requirements of Chapter XI, Land Development Regulations, or other applicable provisions of the Land Development Regulations;

The application would violate any building, electrical or other adopted technical code of Lake County.

Appeals. Any person denied a sign permit may file a written appeal to the Board of Building Examiners within ten (10) days after receipt of the written denial. The Board of Building Examiners Shall hear the appeal within forty-five (45) days from the date of filing. Any person aggrieved by a final decision of the Board of Building Examiners may appeal within thirty (30) days of rendition of the final written order to the circuit court sitting in Lake County, Florida.

Identification Numbers and Renewal of Permits. Identification numbers issued with sign permits, if applicable, must be displayed on the sign itself. Sign permits need not be renewed as long as the sign exists in its approved form in the same location. Sign permits Shall expire and become null and void if work authorized by such permits is not commenced, having called for and received a satisfactory inspection, within forty-five (45) calendar days from the date of issuance of the permit, or if the work is not completed within six (6) months from the date of issuance of the sign permit, except that the time may be extended by the Lake County Building Official if any of the following occur:

A time schedule has been submitted and approved by the Lake County Building Official, predicated upon customary time for construction of similar structures, prior to the issuance of the sign permit, indicating completion of construction in excess of six (6) months; or

The applicant furnishes the Lake County Building Official satisfactory evidence in writing that the delay is due to the unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in specifications; or

The delay is due to delay in delivery of construction supplies or materials; or

The delay is due to fire, weather conditions, civil commotion or strike. Increased costs of building materials or supplies or financial hardship Shall not be considered by the Lake County Building Official as cause for continuation of the sign permit.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2003-79, § 2, 9-23-03; Ord. No. 2004-57, §§ 4, 5, 8-17-04; Ord. No. 2008-60, § 3, 9-2-08; Ord. No. 2009-62, § 17, 12-1-09; Ord. No. 2016-04, §§ 3, 4, 2-2-16; Ord. No. 2016-18, § 5, 5-17-16)

14.15.00 - Variances and Appeals.

14.15.01 Purpose of Variances. Strict application of uniformly applicable Land Development Regulations can lead to unreasonable, unfair, and unintended results in particular instances. The Board of County Commissioners finds that it is appropriate in such cases to adopt a procedure to provide relief to persons and entities subject to the Land Development Regulations. The Board of Adjustment is authorized to grant variances to requirements of the Land Development Regulations and adopted ordinances concerning Planned Unit Development (PUD) zoning districts consistent with the rules contained in these regulations. Pursuant to F.S. § 553.73(5), the Board of Adjustment shall hear and decide appeals and variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This Section does not authorize the Board of Adjustment to grant variances inconsistent with the Comprehensive Plan nor to grant a variance to permit uses not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the Land Development Regulations in the zoning district. In addition, the existence of nonconforming use of neighboring lands or unpermitted use of neighboring lands Shall not be considered grounds for authorization of a variance. Nothing herein shall preclude the Board of County Commissioners from granting variances or waivers under the provisions of Section 14.03.05.

(Ord. No. 2019-04, § 3, 1-29-19; Ord. No. 2020-36, § 2, 8-11-20)

14.15.02 Generally. Variances Shall be granted when the person subject to a Land Development Regulation demonstrates that the purpose of the Land Development Regulation will be or has been achieved by other means, and when application of a Land Development Regulation would create a substantial hardship or would violate principles of fairness. For purposes of this Section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance. For purposes of this Section, "principles of fairness" are violated when the literal application of a Land Development Regulation affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the Land Development Regulation. Variances may also be granted to allow for the reconstruction, rehabilitation, or restoration of structures listed on, or classified as, contributing to a district listed on the National Register of Historic Places, Florida Master Site File or local surveys of historical resources. In such instance, the variance Shall be the minimum necessary to protect the historical integrity of the structure and its site.

14.15.03 Variances to the Floodplain Management Regulations and the Flood Resistant Construction Requirements of the Florida Building Code.

Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 14.15.03(E), Lake County Code, the conditions of issuance set forth in Section 14.15.03(F), Lake County Code, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of the floodplain regulations.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 14.09.01(B)(3)d, Lake County Code.

Historic buildings. The Board of Adjustment is authorized to grant a variance for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building,Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.

Functionally dependent uses. The Board of Adjustment is authorized to grant a variance for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined, provided the variance meets the requirements of Section 14.15.03, Lake County Code, is the minimum necessary considering the flood hazard and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, the floodplain regulations, and the following:

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

The importance of the services provided by the proposed development to the community;

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

The compatibility of the proposed development with existing and anticipated development;

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

10.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

Conditions for issuance of variances. Variances shall be issued only upon:

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of the floodplain regulations or the required elevation standards;

Determination by the Board of Adjustment that:

(a)

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

(b)

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

(c)

The variance is the minimum necessary, considering the flood hazard, to afford relief;

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

Approved variance transmitted to Federal Emergency Management Agency (FEMA). If a variance to the floodplain regulations or the Flood Resistant Construction Requirements of the Florida Building Code is approved, the application, minutes and recorded development order must be transmitted to FEMA within thirty (30) days of the meeting.

(Ord. No. 2023-61, § 3, 10-10-23)

14.15.04 Variance to the setback requirement from an ordinary high water line, mean high water line, or jurisdictional wetland line. A variance to the setback requirements from an ordinary high water line, mean high water line, or jurisdictional wetland line may be granted if:

The lot is a developable Lot of Record, or the lot was legally created through a development order prior to March 2, 1993; and

All other remedies have been exhausted, such as a variance to all other setback requirements; and

The maximum developable area shall be limited to 30 feet in width or depth; and

The first one inch (1") of storm water runoff shall be captured on site; and

Development is constructed as far landward on the lot as possible.

14.15.05 Application and Public Hearing. The applicant Shall file with the County an application specifying the Land Development Regulation(s) from which a variance is requested, the type of action requested, the specific facts that would justify a variance, and the reason why the variance would serve the purposes of the underlying Land Development Regulation. Upon determination that the application is complete, the Board of Adjustment Shall conduct a public hearing to consider the variance application. The Board Shall consider the staff report and evidence presented at the hearing to make its decision. The Board of Adjustment may make the granting of a variance conditional upon such alternate or additional restrictions, stipulations, and safeguards as it may deem necessary to insure compliance with the intent of the Land Development Regulations and the Comprehensive Plan and to minimize any injurious effect of the variance. Violation of such conditions and safeguards when made a part of the terms under which a variance is granted Shall be deemed a violation of these Land Development Regulations.

14.15.06 Appeals.

Purpose. The purpose of this Section is to provide for procedures and processes to allow appeals in cases where persons disagree with the decision or interpretation of the County with respect to the administration of the Land Development Regulations.

Filing Requirements. Any person who disagrees with a decision or interpretation of the County Manager or designee or alleges there is an error in any requirement, decision or determination made by the Floodplain Administrator in the administration and enforcement of the floodplain regulations may appeal to the Board of Adjustment by filing a written notice of appeal within thirty (30) calendar days after the date of the action or decision complained of. The written notice of appeal Shall set forth concisely the action or decision appealed as well as the grounds upon which the appeal is based. Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the Circuit Court, as provided by law.

Stop Work Order. In order to preserve the status quo while the parties' rights are being determined, the County Manager or designee Shall have the authority to issue a stop work order if the appealed action or decision permits construction to commence or continue.

Hearing. The appeal Shall be set for hearing at the next regularly scheduled Board of Adjustment Meeting for which adequate notice can be provided. The Board of Adjustment Shall hear and consider all facts material to the appeal and render a decision. The Board of Adjustment may affirm, reverse or modify the action or decision appealed from, provided that the Board of Adjustment Shall not take any action which conflicts with or nullifies any of the provisions of the Land Development Regulations or the Comprehensive Plan.

Order on Appeal. After the hearing, the Board of Adjustment Shall consider all of the evidence offered and Shall render a verbal decision based upon such evidence. The verbal decision of the Board of Adjustment Shall be reduced to writing. The decision of the Board of Adjustment Shall constitute final administrative review.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2012-71, § 10, 11-20-12; Ord. No. 2013-69, § 4, 12-17-13; Ord. No. 2017-52, § 19, 10-24-17)

Editor's note— Ord. No. 2013-69, § 4, adopted December 17, 2013, amended § 14.15.00 to include a new § 14.15.04 and to renumber §§ 14.15.04, 14.15.05 as §§ 14.15.05, 14.15.06.

Editor's note— Ord. No. 2012-71, § 10, adopted Nov. 20, 2012, amended App. E, § 14.15.00 to include a new § 14.15.03 and to renumber §§ 14.15.03, 14.15.04 as §§ 14.15.04, 14.15.05.

14.16.00 - Vested Rights Determination.

14.16.01 Generally. An applicant who believes they are entitled to a vested rights determination Shall file a vested rights application with the County Manager or designee.

14.16.02 Application. An application for vested rights determination Shall be made within one (1) year of the change to the Comprehensive Plan or the Land Development Regulations which affects the applicant's property, or by June 1, 2003, whichever occurs last. The vested rights application Shall contain information sufficient to enable a determination to be made whether the development order is vested. The applicant Shall submit any relevant supporting information, including other development orders, development permits, contracts, letters, appraisals, reports, or any other documents upon which the application is based. The applicant Shall specifically identify in the application those provisions of the Comprehensive Plan or Land Development Regulations which the applicant believes should not apply because of vesting.

14.16.03 Determination of Sufficient Application. Within thirty (30) calendar days after a vested rights application is submitted, the County Manager or designee Shall determine whether the application is complete. If the application is determined to be incomplete, the applicant will be sent a written statement specifying the deficiencies by mail. If the application is determined to be complete, the applicant will be so informed by mail.

14.16.04 Action by County Manager or Designee. Within sixty (60) calendar days after a completed vested rights application is submitted, the County Manager or designee Shall render a written decision approving or denying the vested rights application and Shall furnish a copy to the applicant and cause a copy to be listed in the next Board of County Commissioners meeting agenda as an acknowledgement item. An extension of time beyond the sixty (60) calendar day period may be granted with the approval of the applicant or action of the Board of County Commissioners.

14.16.05 Appeal of Decision of County Manager or Designee. Any applicant aggrieved by the action of the County Manager or designee may appeal the decision within thirty (30) calendar days of the date the decision is rendered to the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida, or at the option of the applicant, may utilize the provisions of the Florida Land Use and Environmental Dispute Act, Chapter 70, Florida Statutes, utilizing the procedures set forth in these regulations.

14.16.06 Suspension and Revocation of Vested Rights Determination. A vested rights determination may be suspended or revoked upon a showing by the County of an imminent peril to the health and safety of the people of Lake County which did not exist or was unknown at the time the determination was made or at the time of the development order or act or omission of the government which the claim for vesting is based on. In addition, a vested rights determination may be suspended or revoked upon a showing by the County that the determination was made based upon false, inaccurate, misleading or incomplete information submitted by the applicant. A vested rights determination Shall not be revoked prior to a hearing being held by the Board of County Commissioners. Notice of the revocation hearing Shall be given at least thirty (30) calendar days prior to the hearing.

(Ord. No. 2002-28, § 3, 4-16-02)

14.17.00 - Procedures For Special Master Proceedings Held Pursuant to Section 70.51, Florida Statutes (1995).

14.17.01 Purpose and Intent.

This Section establishes procedures for the initiation, conduct and conclusion of a special master proceeding under the Florida Land Use and Environmental Dispute Resolution Act involving a development order or enforcement action by the Board of County Commissioners of Lake County, Florida, and all regulating and enforcement boards appointed by the Board of County Commissioners of Lake County, Florida, herein referred to as "County." This proceeding is voluntary for the landowner.

This is a non-adjudicatory settlement and expedited hearing procedure. A special master may not impose a decision but is intended primarily to explore opportunities for compromise and to assist the parties in negotiation. Settlement through the special master process is intended to save time and money for the participants.

If a settlement is not reached, the special master will conduct an independent and impartial assessment of the dispute and prepare a non-binding recommendation.

The special master proceeding is intended to be a speedy, inexpensive, simple and solution-oriented method for settlement of land use and environmental disputes. As much as possible, a landowner and regulator meet face-to-face and discuss issues directly without the need for advocacy by a lawyer.

The special master and the parties should adapt these procedures to the needs of each case, consistent with the requirements of law.

14.17.02 Definitions. For the purposes of this Section, the following words, terms and phrases, when used herein, Shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

"Development" has the meaning given it in Section 380.04, Florida Statutes.

"Development Order" means any order, or notice of proposed state or regional governmental agency action, which is or will have the effect of granting, denying, or granting with conditions an application for a development permit. It includes the rezoning of a specific parcel of land. It does not include actions on an amendment to the local comprehensive plan.

"Development Permit" means:

Any building permit, zoning permit, subdivision approval, certification, special exception, variance, or any other similar action of the County, or

Any other permit authorized to be issued under state law which has the effect of authorizing the development of land including, but not limited to, programs implementing Chapters 125, 161, 163, 166, 187, 258, 372, 373, 378, and 403, Florida Statutes.

"Governmental entity" includes an agency of the state, a regional or a local government created by the State Constitution or by general or special act, any County or municipality, or any other entity that independently exercises governmental authority. The term does not include the United States or any of its agencies.

"Land" or "real property" means land and includes any appurtenances and improvements to the land, including any other relevant real property in which the owner had a relevant interest.

"Owner" means a person with a legal or equitable interest in land who filed an application for a development permit for the land with the County and who received a development order, or who has an interest in land that is the subject of an enforcement action by the County.

"Participant" means:

A person with a legal or equitable interest in land contiguous to the owner's property; or

A substantially affected person who submitted oral or written testimony, sworn or unsworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action in a prior proceeding, including a public hearing.

"Party" or "parties" include the owner, County and any other governmental entity made a party to the proceeding.

"Person" includes individuals, firms, incorporated or unincorporated associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

"Proposed use of the property" means the proposal filed by the owner to develop or otherwise use the owner's land.

14.17.03 Time Requirements and Furnishing Copies.

Unless the parties agree in writing to extend the time for performing any act under these procedures, including the overall one hundred sixty-five (165) calendar day time period, a special master proceeding may not continue longer than one hundred sixty-five (165) calendar days from the date the owner files the request for relief.

Any copy which must be furnished to the special master, a party or a participant may be sent by regular mail, postage prepaid, or by hand delivery to the recipient's last known address. The burden of proving a copy has been furnished is on the person responsible for furnishing it.

Except for an owner's request for relief, any document which must be submitted, or any copy which must be furnished, may be submitted or furnished by facsimile transmission. Facsimile documents will be deemed submitted or furnished on the date transmitted as shown on the recipient's copy, if the copy is complete.

Filing means that the signed original must be received by the office that is to receive the document by the date specified. Any document received after 5:00 p.m. Shall be filed as of 8:30 a.m. the next regular business day.

14.17.04 Standards of Conduct.

The special master holds a position of trust and should adhere to the highest standards of personal integrity, impartiality and competence. The special master should be honest and unbiased, act in good faith, be diligent and avoid any conflict of interest or the appearance of a conflict of interest. The special master should disclose any facts or circumstances that may give rise to justifiable doubts as to impartiality or independence.

The parties and the special master may establish additional standards of conduct for special master, and standards of conduct for parties and participants, in a special master agreement as authorized herein.

14.17.05 Administrative Appeals and Judicial Review.

A petition by the owner for judicial review of the development order or enforcement action Shall waive all rights to a special master proceeding.

A request for relief through a special master proceeding Shall toll the time for filing a petition for judicial review of the development order or enforcement action.

Invoking the procedures for a special master proceeding is not a pre-condition for judicial review of the development order or enforcement action.

Prior to initiating a special master proceeding, the owner must request review or appeal pursuant to Lake County Code so long as review or appeal takes no longer than four (4) months. The filing of a valid application for review or appeal will toll the time for filing a request for relief.

The owner may initiate a special master proceeding within thirty (30) calendar days after conclusion of the County review or, if the County review has not concluded, within thirty (30) calendar days after four (4) months from its commencement.

14.17.06 Pre-Initiation Meeting.

Prior to filing a request for relief, an owner may request in writing an informal meeting with the County Manager to ascertain whether the issues relating to a development order or enforcement action would be appropriate for a special master proceeding or other form of alternative dispute resolution. The County Manager, or designee, Shall convene such a meeting promptly and include staff necessary to address the owner's concerns.

The County may agree with the owner in writing to extend the time for filing a request for relief to create an opportunity for mediation or other form of alternative dispute resolution.

A special master proceeding is intended to be an additional remedy for the owner. It does not supplant other lawfully available methods agreed to by the parties, such as arbitration, mediation or other form of dispute resolution.

14.17.07 Request for Relief.

Any owner who believes a development order or enforcement action, by itself or in conjunction with the actions of other governmental entities, is unreasonable or unfairly burdens the use of the owner's land may file a request for relief.

A request for relief must be filed within thirty (30) calendar days after receipt of the development order or enforcement action. However, if further County review is permissible, then the request for relief must be filed within thirty (30) days of the conclusion of such review, or after the expiration of four (4) months after the initiation of the County review.

A signed original and three (3) copies of the request for relief must be filed with the County Manager at Lake County Administration Building, 315 West Main Street, Tavares, or mailed to Post Office Box 7800, Tavares, Florida 32778. No fee will be charged for filing a request for relief.

The request for relief must contain:

A brief statement of the owner's proposed use of the property.

A summary of the development order or description of the enforcement action. A copy of the development order or documentation of the enforcement action must be attached.

A brief statement of the impact of the development order or enforcement action on the ability of the owner to achieve the proposed use of the property, including an explanation why the development order or enforcement action is unreasonable or an unfair burden.

The signature of the owner or, if the owner is a corporation, partnership or other organization, the signature of a responsible official, and the mailing address and telephone number at which the owner may be reached.

A statement regarding whether further County review is available and, if so, whether and when such review was commenced by the owner and, if completed, the date of its completion.

A certification by the signatory on the request identifying the persons, if any, who have been furnished with copies of the request for relief.

Upon receipt of a request for relief, the County Manager, or designee, Shall:

Notify appropriate staff that the request was filed and direct preparation of a response.

Confer with the owner or owner's representative, if any, and any other governmental entity identified as a party in the request for relief to agree on a special master no later than ten (10) calendar days from the date the request for relief was received.

Furnish a copy of the request for relief to:

Persons holding title to land contiguous to the owner's property, at the address on the latest County tax roll.

Persons who submitted oral or written testimony, sworn or un-sworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action. A copy must be furnished to such a person only if that person requested in writing or at a public hearing a desire to be placed on a mailing list to receive notice of any subsequent proceeding on the development order or enforcement action at issue.

A copy of the request for relief provided for purposes of notice may omit attachments or supporting documentation so long as it informs the recipient where such materials may be inspected and copied.

At its next regular meeting after receipt of a request for relief, the Board of County Commissioners Shall be informed by the County Manager that a request for relief has been filed, the name of the owner, a description of the development order or enforcement action at issue, and the timetable for consideration of the matter.

The owner may voluntarily dismiss the proceeding at any time by submitting a written request for dismissal to the special master or, if one has not been selected, to the County Manager. A voluntary dismissal Shall be effective upon filing with the special master or, if one has not been selected, the County Manager.

14.17.08 Qualification of and Appointment of Special Masters.

In order to serve as a special master in a proceeding under these procedures, a person must:

Be a resident of the State of Florida.

Possess experience and expertise in mediation.

Possess experience and expertise in at least one (1) of the following disciplines and a working familiarity with the others:

Land use and environmental permitting.

Land planning.

Land economics.

Local and state government organization and powers, and the law governing the same.

A special master need not be a lawyer or a mediator certified by the Florida Supreme Court.

Any member of the Florida Bar selected as a special master in a particular matter Shall not, for that reason, be disqualified from serving as counsel in any other matter before the County.

The County Shall maintain a list of persons qualified to serve as special masters. Immediately upon receipt of a request for relief, the County Shall forward such list to the owner. Unless an owner or the County objects with good cause to one (1) or more individuals within ten (10) calendar days of the date of filing the request for relief, those individuals not objected to are deemed acceptable to owner. County will select one (1) of them, at random, as the Special Master to consider the request for relief.

If the owner or the County objects to all individuals maintained on the County's list of qualified individuals, or if there are no individuals on such list, the County and the owner Shall jointly agree on an impartial third party to select the special master according to agreed criteria. If the parties cannot agree on an impartial third party, the County and the owner Shall agree on the method to be used to choose a Special Master.

The County Manager, or designee Shall forward the original request for relief to the special master upon selection.

14.17.09 Special Master Agreement; Fees and Expenses.

The special master and the parties Shall memorialize the selection of the special master in an agreement which Shall provide for the payment of all fees and expenses associated with the proceeding. In addition, a special master agreement may:

Vary the time for performance of any act.

Establish rules for the conduct of the proceeding, including standards of conduct for the special master, parties and participants, and the enforceability of subpoenas in circuit court.

Identify factual issues to be addressed in the proceeding or specify procedures for resolving factual issues, including stipulation.

Provide for the exchange of information by the parties prior to the mediation or hearing.

Identify participants known to the parties who should be notified of the proceeding.

Address such other issues as the parties may decide will assist in settlement of the dispute.

Payment of fees and expenses for the special master, and costs of providing notice and effecting service, Shall be borne equally by the parties. Other costs Shall be paid as agreed by the parties.

A special master Shall be compensated as agreed in writing by the special master and the parties upon selection or as thereafter modified in writing. The owner may be required to place funds on deposit to assure payment at the conclusion of the proceeding, or provide a retainer against which fees and expenses will be charged.

The parties may authorize the special master to retain an independent expert, or to obtain any materials, to assist in evaluating any issue. Fees and costs will be paid as agreed in writing by the parties and the special master.

14.17.10 Response to Request for Relief.

No more than fifteen (15) calendar days after the filing of a request for relief, the County Manager, or designee, Shall file a response to the request for relief on behalf of the County. A copy Shall be furnished to the owner and any person who has requested to participate in the proceeding.

The response Shall set forth in reasonable detail the position of the County regarding the matters raised by the owner. The response must include a brief statement explaining the public purpose of the regulations on which the development order or enforcement action is based.

The response may include a request that the special master dismiss the owner's request for relief for any failure to observe these procedures. If the request is dismissed, the owner Shall be permitted to file an amended request within a reasonable time fixed by the special master. Failure to file an adequate amended request within the time specified by the special master Shall result in final dismissal of the matter without the right to submit another request. Final dismissal may not be appealed.

Any party may request, in its response or otherwise, a request to be dropped from the proceeding. The request must set forth facts and circumstances to aid the special master in deciding on the request. All such requests must be disposed of prior to a hearing on the substance of the owner's request for relief. If the special master denies a request to be dropped, that party Shall participate in the proceeding.

14.17.11 Additional Parties to the Proceeding.

The special master may add additional governmental entities as parties to the proceeding when:

The owner or the County asks the special master to add that governmental entity to the proceeding as a party; and

The development order or enforcement action is the culmination of a process involving a governmental entity in addition to the County; or

A complete resolution of all relevant issues would require active participation of that additional governmental entity.

A governmental entity added as a party Shall actively participate in the proceeding as set forth in these procedures and as required by the special master.

14.17.12 Other Persons Who May Participate.

Other persons who may participate in the proceeding are:

Any person with a legal or equitable interest in land contiguous to the owner's property; or

Any substantially affected person who submitted oral or written testimony, sworn or un-sworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action in a prior proceeding.

Within twenty-one (21) calendar days after receiving a copy of the request for relief, a person seeking to participate must submit a written request to participate. The request must be submitted to the special master. Copies of the request Shall be furnished to the County Manager and owner.

The special master may decide any issue necessary to determine whether a person qualifies as a participant. If the special master accepts a request to participate, the person or any witnesses and representatives Shall address only those issues raised regarding alternatives, variances, and other types of adjustment to the development order or enforcement action which may impact the participant's substantial interests, unless the parties agree to allow a participant to address additional issues. Denial of a request to participate may not be appealed.

14.17.13 Consolidation.

If there are separate matters which involve similar issues or identical parties, they may be consolidated if the parties agree and it appears that consolidation would promote the speedy, efficient, and inexpensive resolution of the matters.

If the separate matters are pending before different special masters, the parties may decide which special master will conduct the consolidated proceeding. If they cannot agree on one (1) or multiple special masters to conduct the proceeding, the proceedings Shall not be consolidated.

14.17.14 Representatives.

A party or participant may be represented by an attorney or other person at any phase of the proceeding, but such representation is not required.

At the mediation, each party Shall be represented by a person with authority to bind that party to a settlement, or to recommend a settlement directly to the persons with authority to bind the party. The special master may ask a representative to provide assurances of such authority.

14.17.15 Order of the Proceeding.

In keeping with the overriding intent of the Legislature that the special master proceeding be a flexible, problem-solving procedure which results in a voluntary settlement, the special master may conduct the phases of the proceeding in any sequence and on separate days.

The proceeding Shall be open to the public and be held in a location accessible to the public, including the physically handicapped.

The proceeding Shall be conducted under the direction and supervision of the special master. The special master Shall determine the order of presentation of issues and information unless otherwise set forth in the special master agreement. The special master Shall decide questions of procedure in a manner which provides reasonable due process.

Prior to any other portion of the proceeding, the special master Shall conduct a hearing on any request to dismiss the request for relief.

At any time after commencement of the information-gathering hearing, the special master may recess the hearing to recommence mediation and facilitation.

After the hearing, the special master may re-convene the parties to present a written recommendation, in draft or final form, and seek to re-commence negotiations.

14.17.16 Mediation Phase.

The special master's first responsibility is to facilitate a resolution of the dispute and arrive at a settlement acceptable to the parties. It may involve a modification of the owner's proposed use of the property or adjustment in the development order or enforcement action or regulatory efforts by one (1) or more of the governmental parties.

The special master Shall, among other things, suggest alternatives, analyze issues, question perceptions, use logic, stimulate and facilitate negotiations between the parties, and keep order. The special master at all times will promote conciliation, cooperation, compromise and settlement of the dispute within the bounds established by law.

As alternatives, variances, and other types of adjustments to the development order or enforcement action are presented, the special master Shall afford participants an opportunity to address the impacts of such adjustments on their substantial interests.

14.17.17 Information-gathering Hearing.

The special master Shall hold a hearing within forty-five (45) calendar days of the receipt of the request for relief, unless a different date is agreed to by all the parties. The special master must provide notice of the place, date, and time of the hearing to all parties and any other persons who have requested such notice at least forty (40) calendar days prior to the hearing.

The hearing must be held in Lake County. The special master's decision on the specific place of the mediation and hearing Shall be final.

The special master Shall hear from anyone with information necessary to understand the matter. The special master may question anyone presenting information at the hearing but Shall give all parties an opportunity for follow-up questions.

The special master Shall weigh all information offered at the hearing. Information Shall not be subject to the rules of evidence, but the criteria for determining and the determination of verification and authentication are within the special master's discretion.

At any time, the special master may require any party to provide additional information in the interest of gaining a complete understanding of the request for relief.

Each party may record the hearing at its own expense. The special master may record the hearing to assist in preparing a recommendation. If the special master makes such a recording, it Shall be forwarded to the County with the recommendation.

Any documents or tangible materials presented to the special master at hearing Shall be submitted to the County with the special master's recommendation. Any notes or drafts produced by the special master and not intended to record information in a permanent form Shall remain the property of the special master.

If a party fails to appear at the hearing after notice, the special master may proceed without that party or may adjourn the hearing to another day, giving notice to the absent party.

Information may be given and parties, participants or their representatives may participate by telephone, videotape or other communications medium unless otherwise agreed in a special master agreement.

14.17.18 Witnesses and Materials.

Each party must assure attendance at the hearing by those persons qualified by training or experience to address issues raised by the request for relief, the response, or the special master, or to address alternatives, variances, and other types of modifications to the development order or enforcement action.

The special master may issue a subpoena for any nonparty witness in the state who will aid in the disposition of the matter. A subpoena issued by a special master may require the witness to bring a specified document or thing.

The special master may require and receive documents and other tangible materials from any party or participant. All parties and participants Shall have the opportunity to examine and respond to such submissions.

The special master may weigh the credibility of witnesses.

Although an attorney is not required, any person compelled to appear or furnish documents or tangible materials, or who appears voluntarily, may be represented and advised by legal counsel at his or her own expense.

14.17.19 Access to the Property.

A request for relief constitutes a consent by the owner for the special master and parties or representatives to have reasonable access to the owner's land.

The owner may grant access to the land to participants.

14.17.20 Offer to Compromise.

As provided by law:

All actions or statements of the special master, the parties and all participants are evidence of an offer to compromise and are inadmissible in any judicial or administrative proceeding.

The proceeding may not be made known by a party or participant to any judicial or administrative tribunal, or be construed for any purpose as an admission against interest.

A party or participant is not bound by anything said or done during the proceeding unless a written settlement is reached, in which case only the terms of the written settlement Shall be binding.

The special master may not be called to appear before the County with respect to any aspect of the proceeding, nor may the special master be compelled to furnish notes or drafts.

14.17.21 Settlement.

The owner and the County may enter into a settlement agreement or other agreement as to the permissible use of the owner's land prior to the special master filing a recommendation.

A settlement agreement or other agreement as to the permissible use of the owner's land may be executed subject to approval by the County. Any such agreement Shall not bind any party until duly approved and executed by all parties to the agreement.

14.17.22 Special Master's Recommendation.

The special master Shall file a recommendation with the County within fourteen (14) calendar days after the conclusion of the hearing. The special master Shall furnish a copy to all parties and participants.

If a settlement agreement or other agreement as to the permissible use of the owner's land is executed prior to the special master's recommendation, the recommendation Shall only:

Set forth the date and location of the hearing.

Identify the parties and other participants in attendance at the hearing.

Record, without comment, the fact that a settlement agreement or other agreement as to the permissible use of the owner's land has been executed.

Include as an attachment an executed copy of the settlement agreement or other agreement as to the permissible use of the owner's property.

If a settlement agreement or other agreement as to the permissible use of the owner's land is not executed prior to the filing of the special master's recommendation, the special master Shall consider the facts and circumstances set forth in the request for relief, any responses, and any other information produced at the hearing to determine whether the development order or enforcement action, by itself or in conjunction with an action of County or another governmental entity, is unreasonable or unfairly burdens the owner's land.

In making a determination, the special master may consider, among other things:

The history of the land, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was previously used.

The history of development and use of the land, including what was developed and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public.

The history of relevant environmental protection and land use controls and other regulations, including how and whether the land was classified, any uses that may have been proscribed, and what changes in classifications have occurred.

The present nature and extent of the land, including natural and altered characteristics.

The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law.

The public purpose sought to be achieved by the development order or enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development order or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the owner's land.

Uses authorized for and restrictions placed on similar property, including adjacent lands.

Any other information determined to be relevant by the special master or agreed by the parties to be addressed by the special master.

The special master Shall utilize his or her expertise in formulating a recommendation and, in applying this expertise, Shall rely upon the sort of information that a reasonable, prudent person would rely upon in the conduct of his or her affairs.

If the special master determines the development order or enforcement action, by itself or in conjunction with another action of County or another governmental entity, is not unreasonable and does not unfairly burden the owner's land, the special master Shall recommend that the development order or enforcement action remain undisturbed.

If the special master determines the development order or enforcement action, by itself or in conjunction with another action of County or another governmental entity, is unreasonable or unfairly burdens the owner's property, and the owner has consented, the special master Shall recommend one (1) or more alternative actions that protect the public interest served by the regulations at issue but allow for reduced restraints on the use of the owner's real property. The alternatives may include:

An adjustment of land development or permit standards or conditions controlling the development or use of the owner's land.

Increases or modifications in the density, intensity, or use of areas of development.

The transfer of development rights.

Land swaps or exchanges.

Mitigation, including payments in lieu of on-site mitigation.

Location of the development or use at issue on the least sensitive portion of the property.

Conditioning the amount of development or use permitted on the owner's land.

A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development.

Issuance of the development order, a variance, special exception, or other extraordinary relief, including withdrawal of the enforcement action.

10.

Purchase of the owner's land, or an interest in it, by County or another governmental entity.

If an apportionment of responsibility among governmental entities is necessary, the special master Shall make such apportionment.

The special master Shall furnish a copy of the written recommendation to the Florida Department of Legal Affairs.

The special master's recommendation Shall be a public record. A copy Shall be available for public inspection and copying at the office of the Clerk of the Board of County Commissioners.

14.17.23 Effect of Special Master's Recommendation.

The special master's recommendation Shall be advisory only and not binding on the owner or the County.

A special master's recommendation constitutes data which Shall be considered with respect to any pertinent amendment to the comprehensive plan.

A special master's determination that the development order or enforcement action, by itself or in conjunction with actions of County or another governmental entity, is unreasonable or unfairly burdens the owner's land Shall constitute a determination of hardship which will support a modification, variance, or special exception as otherwise authorized by applicable rules and regulations.

14.17.24 Disposition of Special Master's Recommendation.

Within forty-five (45) calendar days of receipt of the special master's recommendation, the County Shall:

Accept the recommendation as submitted and implement it in the ordinary course and consistent with all other rules and regulations.

Modify the recommendation as submitted and implement it in the ordinary course and consistent with all other rules and regulations.

Reject the recommendation as submitted. Failure to act within forty-five (45) calendar days of receipt of the recommendation Shall be deemed a rejection, unless the owner and the County agree to an extension of time.

If the County adopts a recommendation to grant a modification, variance, or special exception to the application of ordinances or regulations as they otherwise would apply to the land, the owner Shall not be required to duplicate processes in which the owner previously has participated in order to effectuate the modification, variance or special exception.

If the special master recommends relief or other action in conjunction with another governmental entity, the County Manager, or designee, Shall confer with appropriate staff from the other entities to review the recommendation and determine whether a joint staff recommendation can be made to the heads of the respective governmental entities.

Within fifteen (15) calendar days after final action on the special master's recommendation by the County, its clerk Shall send a copy of the order or other document memorializing final action to the Florida Department of Legal Affairs.

Within ten (10) calendar days of final action on the recommendation, the owner Shall notify the County Manager in writing whether the owner accepts the decision on the recommendation.

If the County accepts the recommendation or modifies it and the owner rejects the acceptance or modification, or if the County rejects the recommendation, the County Shall issue a written decision that describes as specifically as possible the use or uses available on the owner's land. The decision Shall be issued within thirty (30) calendar days of final action on the recommendation.

After the County has acted on the recommendation and a written decision has been issued describing the use or uses available on the owner's land, or if the County has not acted within forty-five (45) calendar days, the owner may seek a formal adjudication on the development order or enforcement action as otherwise authorized by law.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2008-44, § 2, 7-1-08)

14.18.00 - Development Agreement Act.

14.18.01 Generally. In accordance with Section 163.3220, Florida Statutes, through Section 163.3243, Florida Statutes, the County hereby adopts procedures by which development agreements may be entered into with any person having a legal or equitable interest in real property located within Lake County, Florida.

14.18.02 Requirements for Development Agreements.

A development agreement Shall include the following provisions:

A legal description of the land subject to the agreement, and the names of its legal and equitable owners.

The duration of the agreement.

The development uses permitted on the land, including population densities, and building intensities and height.

A description of public facilities that will service the development, including who Shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development.

A description of any reservation or dedication of land for public purposes.

A description of all development permits approved or needed to be approved for the development of land.

A finding that the development permitted or proposed is consistent with the County's comprehensive plan and land development regulations.

A description of any conditions, terms, restrictions or other requirements determined to be necessary by the County for the public health, safety, or welfare of its citizens.

A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction Shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction.

The development agreement Shall provide that the entire development, or any phase thereof, be commenced or completed within a specific period of time. However, in no event Shall the original duration of the development agreement exceed ten (10) years. The development agreement may be extended past the initial ten (10) year time period by mutual consent of the parties, subject to a public hearing in accordance with Section 14.18.03.

A development agreement and authorized development Shall be consistent with the County's Comprehensive Plan and Land Development Regulations.

The County Manager or designee Shall review the land subject to the development agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the agreement. For each annual review conducted during the years six (6) through ten (10) of the agreement, the review Shall be incorporated into a written report which Shall be submitted to the parties to the agreement and the Department of Economic Opportunity. The written report Shall be in conformance with the requirements of the Department of Economic Opportunity and supplied to the Board of County Commissioners. If the County Manager or designee finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the Board of County Commissioners at a public hearing in accordance with Section 14.18.03, Land Development Regulations.

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

If state or federal laws are enacted after the execution of the development agreement which are applicable to and preclude the parties' compliance with the terms of the agreement, such agreement Shall be modified or revoked as is necessary to comply with the relevant state or federal law.

14.18.03 Public Hearings. Before entering into, amending, or revoking a development agreement, the County Shall conduct at least two (2) public hearings. The first public hearing Shall be in front of the Lake County Planning and Zoning Board and the second Shall be in front of the Board of County Commissioners.

14.18.04 Local Laws and Policies Governing the Development Agreement.

The County's Comprehensive Plan and Land Development Regulations in effect at the time of execution of the development agreement Shall govern the development of the land for the duration of the development agreement.

The County may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the County has held a public hearing and determined:

The subsequently adopted laws are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

The subsequently adopted laws are essential to the public health, safety, or welfare, and expressly state that they Shall apply to a development that is subject to a development agreement;

The subsequently adopted laws are specifically anticipated and provided for in the development agreement;

The County demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

The development agreement is based on substantially inaccurate information supplied by the developer.

This Section does not abrogate any rights that may have vested pursuant to common law.

14.18.05 Recording in the Public Records. Within fourteen (14) calendar days after the County executes the development agreement, the County Shall record the agreement in the public records of Lake County, Florida. A copy of the recorded development agreement Shall be submitted to the Department of Economic Opportunity within fourteen (14) calendar days after the agreement is recorded. A development agreement is not effective until it is properly recorded and until thirty (30) calendar days after having been received by the Department of Economic Opportunity. The development agreement Shall be binding and Shall inure to all successors in interest to the parties to the agreement. The developer Shall pay all recording fees.

14.18.06 Enforcement. Any party, any aggrieved or adversely affected person as defined in Section 163.3215(2), Florida Statutes, or the Department of Economic Opportunity may file an action for injunctive relief in the Circuit Court sitting in Lake County, Florida, to enforce the terms of the development agreement or to challenge compliance of the agreement with this Section. Additionally, the County may use any other available method to enforce the provisions of the agreement.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-13, § 12, 3-16-04; Ord. No. 2005-92, § 2, 11-1-05; Ord. No. 2012-13, § 2, 2-28-12; Ord. No. 2017-52, § 18, 10-24-17)

14.19.00 - Open Air Vendors.

Purpose. The purpose of this section is to provide for the regulation of open air vendors allowed in the neighborhood commercial "C-1," community commercial district "C-2," employment center district "C-3," planned commercial district "CP," light industrial district "LM," heavy industrial district "HM," planned industrial district "MP," and community facility district "CFD."

Applicability. This section shall apply to all open air vendors within the county, with the exception of roadside stands selling produce raised or produced on the farmland of which they are a part and are composed of a minimum structure.

Requirements. The county manager or designee may approve the sale of merchandise or food by an open air vendor for a period not to exceed thirty (30) days upon receipt of the following:

A valid business tax receipt;

A letter from the owner of the property upon which the vendor proposes to locate giving permission to locate on said property and indicating that sanitary facilities shall be available to vendor customers.

A site plan showing the proposed location of the vendor. Open air vendors shall be located only in areas of commercial zoning. The vendor stall or area shall be placed only in areas where there is sufficient parking to accommodate customers, and shall not be located in an area that will interrupt the normal flow of traffic.

Documentation that the additional standards of subsection D. have been met, as applicable.

Additional Standards.

All pyrotechnical items sold must be consistent with state laws regulating same and all persons selling pyrotechnical merchandise must be licensed by the state fire marshall.

The location and sales of proposed sale of pyrotechnical items must be approved by the county fire marshall.

Electrical hook-up or fixtures shall meet the county adopted national electrical code.

(Ord. No. 2013-5, § 3, 1-22-13)

Editor's note— See editor's note in App. E, § 10.03.00.

14.20.00 - Site Improvements, Utilities and Limitations.

14.20.01 Minimum requirements.

All proposed new development shall be reviewed to determine that:

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage;

Adequate drainage is provided to reduce exposure to flood hazards in Zone AH and Zone AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures;

Development shall not result in an increase in the base flood elevation; and

Where buildable area exists out of the flood-prone area, development shall take place in that area.

(Ord. No. 2020-37, § 6, 8-11-20)

14.20.02 Sanitary sewage facilities.

All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

14.20.03 Water supply facilities.

All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

14.20.04 Limitations on sites in regulatory floodways.

No development, including, but not limited to, site improvements and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 14.09.01(B)(3)d.1. demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

14.20.05 Limitations on placement of fill and requirements for compensatory storage.

Subject to the limitations of the floodplain regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings, structures, installation of septic tank and driveways (Zones A only), fill shall comply with the requirements of the Florida Building Code.

Within the Green Swamp Area of Critical State Concern, fill is only allowed on lots and parcels five (5) acres in size or larger.

Where buildable area does not exist out of the special flood hazard area, compensating storage shall be provided for all fill placed. In areas of flood fringe, all fill shall require compensatory storage. For all other areas compensating storage shall be provided when fill exceeds five thousand (5,000) square feet or fifteen (15) percent of the flood hazard area, whichever is less.

Compensating storage is to be determined by the volume of material removed above the seasonal water table and below the base flood elevation established for that area.

(Ord. No. 2012-71, § 11, 11-20-12)