It is the purpose of this article to establish administrative agencies and citizen boards required to administer this chapter. It is also the purpose of this article to establish standards, procedures, and fines necessary to implement this chapter.

(Land Development Code 1995, § 6.01.01)

(a)

Legislative matters. All legislative matter shall be decided by the town council with the advice from citizen boards established by this chapter, and from the town staff.

(b)

Administrative matters. All administrative matters shall be determined by the town council, the town staff, and citizen boards established for that purpose. The town council shall set by resolution the minimum requirements for development review. The town council, town staff, and citizen boards shall determine all administrative matters.

(Land Development Code 1995, § 6.01.02)

There is hereby established a code enforcement board consisting of five members and two alternate members. Appointment to the board shall be made by the town council with the approval and consent of the mayor. Cases shall be presented to the board by a member of the town staff. The commission has the powers and duties provided by F.S. ch. 162, pt. I (F.S. § 162.01 et seq.).

(Land Development Code 1995, § 6.02.01; Ord. No. 96-199, §§ 1—6, 3-5-1996)

State Law reference— Code enforcement board, F.S. § 162.01 et seq.

(a)

Created. Hereby created is the town planning commission, hereinafter referred to as the "commission," which shall be legally constituted and recognized upon the appointment of members thereto, acceptance of membership thereon, and their holding of an organizational meeting at which required officers are elected therefor.

(b)

Number of members. The membership of the town planning commission shall include five persons.

(c)

Appointment of members. The town council shall appoint all members to terms on the commission from persons who are residents of the corporate limits of the town but who are not elected members to the town council. Members of the town council, or the mayor, may be appointed ex officio members, who have the right of discussion, but shall not be voting members thereof.

(d)

Terms; filling vacancies. All appointments to the planning commission shall be for terms of three years' duration, except for appointments to fill unexpired terms for vacancies which may from time to time occur. Appointments to fill unexpired terms shall be for the duration of the unexpired term. Any member whose term expires may be reappointed for an additional term.

(e)

Meetings. The commission shall hold an organizational meeting within 31 days from the date upon which five members are appointed, and thereafter shall hold not less than one meeting quarterly, and may meet as often as the commission may direct on a regular basis; or in special session as called by the chairperson, or vice-chairperson in the chairperson's absence or refusal; or upon written approval of any three members.

(f)

Attendance required. Any commission member who fails to attend three consecutive regular or called meetings is automatically terminated from membership on the commission and the seat is declared vacant. The town council shall fill such vacancy within 30 days from such third missed meeting.

(g)

Quorum. Three members shall constitute a quorum and may transact any business which may properly come before the commission.

(h)

Function, powers and duties. The commission shall exercise the authority, perform the duties, accept the responsibilities and perform the functions enumerated and implied by F.S. ch. 163, pt. II (F.S. § 163.2511 et seq.).

(i)

Officers; rules of procedure; employment of technical assistants; funding.

(1)

The commission shall elect a chairperson, a vice-chairperson and a secretary from among its voting members. Officers shall serve terms of one year, or until a successor is elected and installed. The commission may appoint or elect a recording secretary who may be the development director or an employee of the town.

(2)

The commission shall adopt bylaws or rules for the transaction of its business, and shall keep an indexed record of its resolutions, transactions findings, and determinations, which records shall be public record.

(3)

The commission may, subject to approval of the town council, and within financial limitation of available funds set by the town council, employ such experts, technicians or staff as may be deemed proper and pay such salaries or fees as are necessary to conduct the work of the commission

(j)

Preparation of comprehensive plan.

(1)

Responsibility. The town hereby designates the town planning commission to be responsible for the preparation of any amendments or rewriting of the comprehensive plan for the town and for the preparation of materials, documents and criteria required by F.S. ch. 163, pt. II (F.S. § 163.2511 et seq.).

(2)

Coordination with other planning agencies. The town retains for itself and the said designated planning commission all rights, duties and responsibilities allowed under its charter and ordinances with regard to the planning, land use, zoning or rezoning of land within its geographic boundaries, but wishes to coordinate its functions with those of other state and local planning agencies, relative to surrounding areas.

(Land Development Code 1995, div. 6.03)

(a)

Established. A board of zoning adjustment is hereby established which shall consist of five members to be appointed by the town council and shall herein be referred to as the ZBA. Members of the board of zoning adjustment shall serve for overlapping terms of not less than three years or more than five years or thereafter until their successors are appointed. Terms shall be staggered so that no more than two members' terms expire in any one year. Any vacancy occurring during the unexpired term of office of any member shall be filled by the town council for the remainder of the term, with such vacancy to be filled within 30 days of its occurrence.

(b)

Organization. The organization and procedures under which the ZBA operates, its arrangement of meetings, adoption of rules, and its method of handling appeals, variances or any other related matters shall be in conformity with the provisions the Community Planning Act (F.S. § 163.2511 et seq.).

(c)

Appeals to the ZBA. Where there are practical difficulties or unnecessary hardships in carrying out the strict intent of this chapter, appeals to the ZBA may be taken by any person aggrieved, or by any department or the governing body of the town affected by any decisions of the administrative official.

(d)

Duties. The duties of the board of zoning adjustment include the following:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the administrative official in the enforcement of this chapter.

(2)

To authorize upon appeal variances in specific cases from the terms of this chapter. Such variances shall be found to be in conformity with the public interest and allowed where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(3)

To authorize such special exceptions as are specifically assigned to the ZBA for its review under the terms of this chapter.

(e)

Authority. In exercising the aforementioned powers, the ZBA by the concurring vote of four members may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the official from whom the appeal is taken.

(f)

Variances. In considering all proposed variations to this chapter the ZBA shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map, and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or endanger the public safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals or general welfare of the town.

(g)

Appeal of ZBA decision. Any person or persons, jointly or severally, aggrieved by any decision of the ZBA, any taxpayer, any officer, or department of the town may present to a court of competent jurisdiction in the county a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the ZBA; otherwise the decision of the ZBA will be final.

(h)

Hearing. The board of zoning adjustment shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give notice to the parties and decide the same within a reasonable time. At the hearing, any party may appear in person or be represented by agent or attorney.

(Land Development Code 1995, div. 6.04)

(a)

Procedures. This section sets forth the application and review procedures required for obtaining building permits, development orders, and certain types of permits. No development activity may be undertaken unless the activity is authorized by a final development order and/or building permit.

(b)

Prerequisites for a building permit. A building permit may not be issued unless the proposed development activity:

(1)

Is authorized by a final development order issued pursuant to this chapter; or

(2)

Is a construction or alteration of a one- or two-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this chapter or valid lot of record; or

(3)

Is a nonresidential development approved by valid, unexpired engineering plans which received town approval prior to the adoption of this chapter; and

(4)

Conforms to the adopted building codes of the town.

(c)

Post-permit changes. After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining an approved modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the town.

(d)

Review of site development plans. The following provisions detail the procedural requirements for review of development plans:

(1)

Pre-application conference. Prior to filing for site development plan review, the developer may meet with the town planner to discuss the development review process and to be informed of which staff members and others the developer should confer with. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(2)

Application for final development order. The developer shall file a completed application for site development plan review with the town planner.

(3)

Amended applications. Within ten working days of receipt of an application, the town planner shall determine in writing any deficiencies in the application and plan. The developer may submit an amended application within 30 working days without payment of an additional fee. After receiving an amended application, the town planner shall determine when the submittals are sufficient and proceed with review of the application and plan.

(Land Development Code 1995, div. 6.05; Ord. No. 2014-01, § 1, 3-4-2014)

This section enables the town and the developer to collaborate in the processing of certain development approvals in order to enhance planning and timely, integrated processing and review. The site plan is intended to provide an overview of the applicant's projected land development. In this context, the site plan will be used to determine if the proposed development is in compliance with current statutes, ordinances, regulations, the comprehensive plan, the land development code, and other applicable local, regional, state, and federal requirements.

The site plan review procedure shall be required for specified residential and all nonresidential construction to ensure that all development projects meet the requirements of this Code prior to the issuance of a building permit. It is the intent of this section that the site plan process be a part of the building permit application process, in that the site plan is the instrument by which improvements to the site will be located and inspected, and by which final inspection and certificate of occupancy shall be issued. However, the enforcing official, or his or her designee, may at any time accept and review building construction plans related to structural, mechanical, electrical and plumbing systems, subject to the condition that no permits may be issued prior to site plan approval.

For purposes of general site plan review, the developer shall present site plans to the town planner, or his or her designee, for distribution to the planning commission. All required plans and drawings for a project, such as but not limited to, architectural, landscaping and engineering plans, shall be consistent with each other with regard to the layout of the site elements both on the horizontal and vertical planes. Architectural, utility and engineering plans shall not conflict with landscape requirements. In all cases, engineering plans addressing stormwater management, road construction and other technical aspects of development design shall be sealed by a civil engineer registered in the state. If development is constructed in phases, a site development plan shall be submitted for each successive phase of the development.

(Ord. No. 2014-01, § 1, 3-4-2014)

Site plan approval shall be required prior to the issuance of a building permit for the following:

(1)

A parcel of land proposed for a nonresidential use, including hotels, motels, and RV parks.

(2)

A parcel of land proposed for multiple-family residential use of four dwelling units or more, or a mobile home park.

(3)

Assisted living facilities and group homes housing more than five residents.

(4)

Clubhouses or similar facilities built on common property within a subdivision.

(5)

Division of an existing non-residential development site (such a division shall result in a new or modified site plan for previously existing development, in addition to a separate plan for new development).

(6)

An expansion or reconfiguration of any of those types of development which are subject to site plan requirements.

(7)

A change in the use of an existing development site from one land use category to another, as listed in Table 16-103.1(A), which would result in development subject to this section.

(8)

Any other type of development that the town planner, or his or her designee, determines to be appropriate for the site plan review process in order to protect the public health, safety and welfare.

(9)

Developments of 50 or more lots or dwelling units may additionally require review and approval as a planned unit development (PUD), in accordance with article III, division 3 of this chapter.

(Ord. No. 2014-01, § 1, 3-4-2014; Ord. No. O-21-30, § 1, 12-7-2021)

A site development plan application shall accompany all site plans which are the subject of this article. Applicants shall submit the site development plan application and all required exhibits and applicable fees, in the amount established by resolution by the town council, to the town planner, or his or her designee. The site development plan application shall, at a minimum, include the following information:

(1)

The property owner's name, address, telephone number and email address, if available;

(2)

If the property involved is owned by a corporation or company, the name, address, telephone number and email address, if available, of its president and secretary;

(3)

The name, address, telephone number and email address, if available, of the designated applicant, engineer, or project representative if other than the property owner;

(4)

Party having interest in the property (owner, buyer, etc.);

(5)

Property location, either physical street address, or if vacant, general location description;

(6)

Legal description and property tax identification number;

(7)

Purpose of application;

(8)

Future land use and zoning districts of the proposed project site and abutting properties;

(9)

Total acreage.

(Ord. No. 2014-01, § 1, 3-4-2014)

A minimum of five copies of the site development plan, and any additional copies as may be required by the town, shall be submitted to the town planner, or his or her designee, for processing and review. Site plans shall, at a minimum, contain the following information, as applicable:

(1)

Plans shall be submitted on 24- by 36-inch sheets drawn to a scale of not less than one-inch equals 100 feet, unless allowed otherwise at the discretion of the town;

(2)

When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon;

(3)

Site plan name;

(4)

North arrow, scale and date prepared;

(5)

A certified boundary survey of the tract prepared by a surveyor registered with the state showing the location and type of boundary evidence related to the state plane coordinate system, if available, and the accurate legal description of the property with a computation of the total acreage of the tract to the nearest tenth of an acre. The survey shall have been prepared within one year prior to filing the site plan;

(6)

A survey showing existing topographical features, including contours at one-foot intervals as well as spot elevations arranged in a grid system with 35-foot spacing;

(7)

Spot elevations along the tract boundary and 25 feet outside thereof (closer where necessary to depict irregularities in the elevations of the property or adjacent property);

(8)

Identification of natural features including watercourses, swales, catch basins, ditches, and significant stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas;

(9)

Delineation of all environmentally sensitive areas and identification of any soil limitations/characteristics, and endangered wildlife and plants, as determined by the appropriate agency;

(10)

Identification of all wetlands and flood-prone areas as delineated by the national wetlands inventory and the flood insurance rate maps published by the federal emergency management agency (FEMA);

(11)

Location of open space and recreation areas;

(12)

Location and dimensions of on-site parking, loading and unloading spaces;

(13)

Location and dimensions for traffic circulation, designated with arrows, all public and private streets, site access and driveways, pedestrian walks and utility easements within and adjacent to the site;

(14)

The footprint of all proposed buildings and structures on the site, including setbacks;

(15)

Sign locations and setbacks;

(16)

Fence and wall locations and heights;

(17)

Phase lines, if the development is constructed in phases;

(18)

All existing and proposed utilities and utility tie-in locations, including:

a.

Water and wastewater pipe sizes, rim and invert elevations, direction of flow and top and bottom elevations and fire hydrant locations and flows.

b.

Telephone, electric, gas and other utilities.

(19)

Location of major solid waste receptacles, including dumpster pads and enclosures;

(20)

Tabulations of the following, as applicable:

a.

Total square footage or acreage of project site;

b.

Total number of lots and average size;

c.

Number of units proposed, if any, and resulting gross density;

d.

Acreage of each type of land use and its percentage of total acreage;

e.

Total square footage of buildings and structures;

f.

Total floor area, in square feet, of residential and non-residential uses;

g.

Total number of required and proposed on-site parking spaces;

h.

Total square footage of building lot coverage and percentage of the overall site;

i.

Total square footage of vehicular use areas (parking, sidewalks, etc.);

j.

Square footage of open space and recreation areas and percentage of the overall site.

(Ord. No. 2014-01, § 1, 3-4-2014)

Any person proposing development or redevelopment in the town shall submit stormwater management plans to the town planner, or his or her designee, as part of, or attached to, the proposed site development plan. The plan shall be a plan approved by the Southwest Florida Water Management District (SWFWMD) or one that demonstrates compliance with all stormwater management applicable regulations and control standards. Approval of the stormwater management plan, as applicable, shall be a condition prior to the issuance of a building permit.

Low impact development design is encouraged by the town. Proposed low impact development (LID) or redevelopment (LIR) activities, which deviate from other areas of this Code, may be considered for approval by the town if it can be demonstrated to the town that the proposed improvements at a minimum meet the following criteria:

(1)

Deviations must be consistent with the purpose of the Lake Hamilton Code of Ordinances and comply in all respects with the regulations of SWFWMD;

(2)

Deviations shall not threaten public health or safety;

(3)

Deviations shall be consistent with generally accepted professional standards of engineering design;

(4)

Deviations shall promote and reasonably demonstrate, as deemed sufficient by the professional staff of the town, one or more of the following:

a.

Innovative site design that furthers compliance with the National Pollution Discharge Elimination System (NPDES) Program,

b.

Zero net discharge,

c.

Enhancement of the biological conditions of receiving waters of the State of Florida,

d.

Zero effective impervious surface is achieved by dispersing all stormwater runoff on site, and

(5)

Deviations do not allow for density of development that is greater of lesser than the density currently allowed for the site by this Code.

(Ord. No. 2014-01, § 1, 3-4-2014; Ord. No. 2016-05, 1(Exh. A), 8-2-2016)

Any person proposing development or redevelopment in the town, which is subject to landscape provisions, shall submit a landscape plan in accordance with the requirements of section 16-335. The landscape plan may be submitted separately, but shall be a part of a site development plan submission, where site development plan submission is required. For purposes of landscape plan review, the developer may incorporate the landscape plan into the site development plan or present five copies of the landscape plan to the town planner, or his or her designee, for distribution to the planning commission.

(Ord. No. 2014-01, § 1, 3-4-2014)

When requesting site development plan approval, the applicant shall furnish proof that the development site is unified by title and not spatially divided by ownership; however, multiple ownership is permissible so long as each owner or investor holds a percentage or proportionate interest in the site as a whole.

(Ord. No. 2014-01, § 1, 3-4-2014)

The planning commission is responsible for reviewing site development plan applications and site development plans that are the subject of this article. Approval of site development plans shall be in the form of a final development order as provided in section 16-52.

The planning commission shall review and approve site development plans authorized under this code in the manner prescribed below. The town planner may review and approve a site development plan if he finds that no extraordinary of special conditions need to be imposed before issuing a building permit.

(Ord. No. 2014-01, § 1, 3-4-2014)

Any modification, variation or adjustment of an approved site plan shall require a site plan amendment approval. The town planner, or his or her designee, shall determine whether a proposed site plan modification is a major or a minor modification. The determination shall be based on, but shall not be limited to the following:

(1)

Major modification includes any substantial change, including an increase in density, a change in permitted uses, a change in stormwater runoff characteristics, a change in traffic patterns and/or trip generation, or other similar changes;

(2)

Minor modification includes any proposed changes in configuration or other similar changes as deemed not to alter the intent and purpose of the approved overall development plan.

The applicant shall submit the site plan modification request to the town planner, or his or her designee. The town planner, or his or her designee, may approve minor modifications. However if the proposed change or amendment is determined to be a major modification, the town planner, or his or her designee, shall forward the site plan revisions to the planning commission, and any other appropriate members of town staff and outside consultants, for review and determination of approval.

(Ord. No. 2014-01, § 1, 3-4-2014)

No building permit shall be issued until the site plan has been approved and is on file with the town. All building and construction permits issued for any project requiring site plan review shall be consistent with the approved site plan and any stipulated conditions that are part of the approval. The approval of a site plan shall not, under any circumstance, be construed to waive or otherwise diminish the applicable town requirements for construction or installation of structures or materials. Whenever a conflict between the site plan and such construction details occurs, the more restrictive, or that requiring the higher standard, shall prevail.

The building or enforcing official shall retain one copy of the site plan to constitute a permanent record of said plan. A minimum of three copies of the plan shall be reserved for the applicant, two copies of which shall accompany the application for a building permit, and one copy which shall be available for inspection at the job site.

(Ord. No. 2014-01, § 1, 3-4-2014)

Failure to comply with an approved site plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to an approved site plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this Code shall constitute a violation of this Code and may be subject to a stop-work order.

(Ord. No. 2014-01, § 1, 3-4-2014)

(a)

Issuance of a development approval letter (DAL) indicates that the proposal meets all applicable requirements of this town code. Accordingly, it shall contain an indication of approval by the planning commission, town departments as applicable, consultants employed on behalf of the town.

(b)

The building or enforcing official shall retain one copy of the DAL to constitute a permanent record. A minimum of three copies of the DAL shall be reserved for the applicant, two copies of which shall accompany the application for a building permit, and one copy which shall be available for inspection at the job site.

(c)

All building permits shall be consistent with the final version of the site plan attached to the DAL. Any alternate or previous versions of the site plan shall be deemed invalid after a DAL is issued. Changes in site layout or in any element of the site plan shall require a new or amended DAL, to be approved by the town planner, or his or her designee.

(d)

Nothing herein shall relieve any applicant of the responsibility of seeking any additional permit required by applicable regulations of the town, the county, the Southwest Florida Water Management District, or the state.

(e)

A building permit shall be obtained within 12 months of the approval date of the site plan for which the DAL is issued. The provisions for site plan approval under sections 16-50 and 16-51 are applicable.

(Ord. No. 2014-01, § 1, 3-4-2014)