The purpose of this article is to create the means for effective enforcement of these regulations and, in certain instances, for reasonable adjustment to the requirements directly in line with the stated intent of this chapter.

(Ord. No. 2016-723, § 30, 6-12-17)

The building inspector or designee of the town council is hereby designated and authorized to enforce this chapter.

(Ord. No. 2016-723, § 31, 6-12-17)

The town administers building permit applications through section 155-13 providing for the adoption of specific sections of the Highlands County Code of Ordinances, Land Development Regulations.

(Ord. No. 2016-723, § 32, 6-12-17)

The town administers issuance of building permit; limitations on building permits through section 155-13 providing for the adoption of specific sections of the Highlands County Code of Ordinances, Land Development Regulations.

(Ord. No. 2016-723, § 33, 6-12-17)

(a)

No vacant land shall be thereafter occupied or used except for agricultural, grove or pasturage, and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the building inspector.

(b)

Certificate of occupancy for a building. A certificate of occupancy for a new building or for the alteration of an existing building shall be applied for coincident with the application for a building permit, and said certificate shall be issued within three (3) days after the requests for same shall have been made in writing to the building inspector after the erection or alteration of such building, or part thereof, shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months during the completion of alterations or during the partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the town relating to the use of occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued under such restrictions and provisions as will adequately ensure the safety of the occupants.

(c)

Certificate of occupancy for land. A certificate of occupancy for the use of vacant land or the change in the character of the use of land, except for agricultural purposes as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided that such use is in conformity with the provisions of these regulations. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office designated by the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.

(Ord. No. 2016-723, § 34, 6-12-17)

(a)

Any amendment, revision or change made in or to any part of this chapter shall become law by the same processes as required for the adoption of this chapter.

(b)

Changes and amendments. The town council may from time to time amend, supplement, change or repeal the regulations, restrictions or district boundaries as set out in this chapter after public hearing as provided by state law.

(c)

Districts changed. When a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of similar or higher classification; provided that all other regulations governing the new use are complied with. Whenever a nonconforming use has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.

(Ord. No. 2016-723, § 35, 6-12-17)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be fined not less than five dollars ($5.00), nor more than fifty dollars ($50.00), or shall be imprisoned for not more than thirty (30) days, or both, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 2016-723, § 36, 6-12-17)

(a)

A board of zoning adjustment is hereby established, which shall consist of five (5) members consistent with the governing language in the town Charter.

(b)

The organization and procedures under which the board operates, its arrangement of meetings, adoption of rules and its method of handling appeals, variances or any other related matters shall conform with the provisions of F.S. § 69.139.

(c)

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

(d)

The board shall have the following duties and powers:

(1)

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

(2)

To authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest 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 the chapter shall be observed and substantial justice done.

(3)

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

(e)

In exercising the above-mentioned powers, the board, by the concurring vote of a majority of a quorum present and voting, 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)

In considering all proposed variations to this chapter, the board 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 revised 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 and general welfare of the town.

(g)

Any person or persons, jointly or severally, aggrieved by any decision of the board, any taxpayer, any officer or department of the town may present to a court of competent jurisdiction in Highlands 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 thirty (30) days after the filing of the decision in the office of the board, otherwise the decision of the board will be final.

(h)

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.

(i)

Variances and special exceptions shall lapse and become null and void unless implemented within the time established by the board when the respective variance or special exception is granted. If no time is established, then the respective variance or special exception shall lapse, unless implemented within one (1) year from the date the order granting the variance or special exception is signed.

(j)

Variances and special exceptions granted before December 1, 2003 shall be null, void and of no effect unless implemented prior to January 1, 2005.

(Ord. No. 03-405, § 1, 11-3-03; Ord. No. 2016-723, § 37, 6-12-17)