(a)

Findings. The board of appeals and the planning and zoning manager as limited by the code shall authorize upon appeal such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary and undue hardship. In order to authorize a variance from the terms of this article, the board shall find:

(1)

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

(2)

That the special conditions and circumstances do not result from the actions of the applicant, owner, or any predecessor in title;

(3)

That granting the variance requested shall not confer on the applicant any special privilege that is defined by this article to other lands, buildings or structures in the same zoning district;

(4)

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

(5)

That the variance granted is the minimum variance that shall make possible the reasonable use of land, buildings or structure;

(6)

That the grant of the variance will be in harmony with the general intent and purpose of this article, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

Conditions. In granting any variance, the board of appeals may prescribe appropriate conditions and safeguards in conformity with the article. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article. The board of appeals may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. Under no circumstances shall the board of appeals grant a variance to permit a use not generally or by conditional use permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this article in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(c)

Considerations.

(1)

No variance or appeal will be considered, where the action or requirement in question clearly is derived from the actions or requirements of federal, state, or regional agencies as part of their permitting process.

(2)

Minor administrative variances, where clearly within the intent of this article and not adverse to adjacent property owners, may be authorized by the planning and zoning manager not to exceed fifteen (15) percent of the code requirements.

(3)

All other variances shall be considered based on the procedures in section 25-94.

(4)

Appeals shall be considered based on the procedures in this article.

(d)

Appeals to actions of the board of appeals are described in division 2 of this article.

(Ord. No. 04-27, § V(3.1), 5-10-04)

(a)

Variances. Variances to these requirements may first be requested of the staff and then, if appropriate, an application may be filed for a variance with the city planning commission.

(b)

Appeals. If an application is denied or is required to be amended, staff shall state the cause and provide recourse for the applicant.

(1)

The applicant shall then have one hundred twenty (120) days to submit requested revisions.

(2)

If the applicant fails to submit revisions within this period, a new application must be filed and an additional application fee must be paid. This provision may be waived by the development services director for good cause shown.

(3)

A denial may also be appealed to the community development director.

(4)

Any application which is denied twice by staff shall not be accepted again without an additional site plan application fee. Every subsequent submittal after a second denial shall require payment of an additional site plan application fee.

(Ord. No. 04-27, § V(3.2), 5-10-04)

(a)

Application required. Application for any variance to the subdivision requirements, as required by City Code, shall be submitted in writing by the subdivider at the time when the preliminary plan is filed for the consideration of the planning commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.

(b)

Conditions. The planning commission and the planning and zoning manager as limited by the code may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the planning commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required in this division, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.

(c)

Findings. No variance shall be granted unless the planning commission finds:

(1)

That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this division would deprive the applicant of the reasonable use of his land;

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(d)

Appeals to actions of the planning commission are described in division 2 of this article.

(Ord. No. 04-27, § V(3.3), 5-10-04)

(a)

Variances. Applications for variances to these requirements may be made to the city planning commission consistent with their rules and procedures.

(b)

Appeals. The city planning commission is designated to review decisions of the administrator and to grant variances from the requirements of this division.

(Ord. No. 04-27, § V(3.4), 5-10-04)

(a)

Variance procedures. Flood damage prevention and protection, building permit.

(1)

The city planning commission, as established by the City Commission of the City of Leesburg, Florida, shall hear and decide appeals and requests for variances from the requirements of this article.

(2)

The city planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official or the planning manager in the enforcement or administration of this article.

(3)

Any person aggrieved by the decision of the city planning commission or any taxpayer may appeal such decision to the circuit court in and for Lake County, Florida, as provided in Section 163.250, Florida Statutes.

(4)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State of Florida Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for section 25-776, and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.

(5)

In passing upon such application, the planning commission shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this article, and the:

a.

Danger that materials may be swept onto other lands to the injury of others;

b.

Danger to life and property due to flooding or erosion damage;

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

Importance of the services provided by the proposed facility to the community;

e.

Necessity to the facility of a waterfront location, where applicable;

f.

Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g.

Compatibility of the proposed use with existing and anticipated development;

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

Safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k.

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, and streets and structures related thereto.

(6)

Upon consideration of the factors listed above and the purposes of this article, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(7)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(8)

Conditions for variances:

a.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building;

b.

Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in unnecessary and exceptional hardship to the applicant, and, (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing laws or ordinances.

c.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

d.

The building official shall maintain the records of all appeal actions and report any variances to the federal emergency management agency upon request.

(b)

Appeals. The board of appeals is designated to review decisions of the administrator and to grant variances from the requirements of this division.

(Ord. No. 04-27, § V(3.5), 5-10-04)

(a)

Variances.

(1)

No variance or appeal will be considered, where the action or requirement in question clearly is derived from the actions or requirements of federal, state, or regional agencies as part of their permitting process.

(2)

Minor technical variances, where clearly within the intent of this article, may be authorized by the community development director.

(3)

Variances shall be considered based on the procedures in section 25-94 of the City of Leesburg Code of Ordinances.

(b)

Appeals. The board of appeals shall have the power and authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by the community development director or designee in the administration of this article, to determine whether the administrative determination appealed from was correct or not, and if not, to make proper determination. Appeals shall be considered based on the procedures in the City Code.

(Ord. No. 04-27, § V(3.6), 5-10-04)

(a)

Variances to these requirements shall be considered as follows:

(1)

No variance or appeal will be considered, where the action or requirement in question clearly is derived from the actions or requirements of federal, state, or regional agencies as part of their permitting process.

(2)

Minor technical variances, where clearly within the intent of this article, may be authorized by the community development director.

(3)

All other variances shall be considered based on the procedures in articles I and VI.

(b)

Appeals. The board of appeals shall have the power and authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by the community development director or designee in the administration of this article, to determine whether the administrative determination appealed from was correct or not, and if not, to make proper determination. Appeals shall be considered based on the procedures in articles I and V of this chapter.

(Ord. No. 04-27, § V(3.7), 5-10-04)

(a)

Request for exemption. Any person subject to the prohibitions set out in articles I and VIII of this chapter may apply to the board of appeals for a variance.

(b)

Information and fee required. The application for a variance shall be in writing and shall include the provision of the following information to the planning manager.

(1)

A concise statement detailing the circumstances which the applicant feels demonstrate the need for a variance.

(2)

A description of the mechanisms that will be utilized to meet the criteria required for issuance of the variance as set out in articles I and VIII;

(3)

A written verification by a qualified Florida professional engineer Florida certified hydrogeologist that the proposed use or activity will not result in adverse impacts to the protected wellfield potable water supply; and

(4)

A written agreement to indemnify and hold the City of Leesburg harmless from any and all claims, liabilities, cases of action, or damages arising out of the issuance of the variance. The city shall provide reasonable notice to the exemptee of any such claim.

(c)

Review by the development review committee.

(1)

Upon receipt of an adequately completed request for a variance, the planning manager or designee shall schedule the request for the development review committee meeting: A written recommendation for (1) issuance, (2) issuance with applicable conditions, or (3) denial shall be forwarded to the board of appeals.

(2)

Upon receipt of the review of the development review committee the planning and zoning division shall schedule the request for a variance at a regularly scheduled board of appeals meeting.

(3)

Criteria for issuance. The board of appeals shall grant a variance if the person applying for the variance demonstrates that adequate technology exists to isolate the facility or land use from the potable water supply within the zone of protection as defined in section 27-3(b) wherein the proposed facility or land use would be located. At a minimum, the following issues shall be addressed:

a.

Substance inventory;

b.

Containment;

c.

Emergency collection devices;

d.

Emergency plan;

e.

Daily monitoring;

f.

Equipment maintenance;

g.

Reporting of spills;

h.

Potable water well monitoring;

i.

Alterations/expansions;

j.

Reconstruction after catastrophe (fire, vandalism, flood, explosion, collapse, wind, war, or other); and

k.

Shallow test well monitoring;

l.

Others, as applicable to groundwater protection.

(4)

All costs associated with providing protective measures as referenced above shall be borne by the applicant.

(5)

Revocation or revision. Any variance granted by the board of appeals pursuant to this article shall be subject to revocation or revision by the board of appeals for violation of any condition of said variance after issuance of a written notice of intent to revoke or revise (certified mail-return receipt requested or hand delivery). Upon revocation or revision, the activity will immediately be subject to the enforcement provisions of this article.

(6)

Other agency requirements. Any variance granted by the board of appeals pursuant to this article shall not relieved the exemptee of the obligation to comply with any other applicable federal, state, or local regulation, rule, ordinance, or requirement. Nor shall said exemption relieve any exemptee of the liability for violation of such regulations, rules, ordinances, or requirements.

(7)

New regulations. Upon adoption of any amendment to this article or any regulation that supersedes this article, the variance shall be subject to the newly adopted regulations.

(Ord. No. 04-27, § V(3.8), 5-10-04)

(a)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this division, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this division.

(b)

Appeals.

(1)

Who may make appeal. Any person aggrieved, or any taxpayer affected, by any decision of the airport manager or the Leesburg Regional Airport Advisory Board made in its administration of this division, if of the opinion that a decision was an improper application of these regulations, may appeal to the board of appeals.

(2)

Notice of appeal. All appeals under this division must be taken within a reasonable time as provided by the rules of the board of appeals by filing with the airport manager a notice of appeal specifying the grounds thereof. The airport manager shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.

(3)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the airport manager certifies to the board of appeals, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the agency from which the appeal is taken and on due cause shown.

(4)

Notice and time for hearings; appearance of parties. The board of appeals shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(5)

Authority of board to reverse. The board of appeals may, in conformity with the provisions of this division, reverse or affirm, in whole or in part, or modify the order requirement; decision or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances.

(c)

Judicial review of decisions of board of appeals. Any person aggrieved, or any taxpayer affected, by any decision of the board of appeals, may appeal to the circuit court of the county as provided in F.S. § 333.11.

(Ord. No. 04-27, § V(3.9), 5-10-04)

State Law reference— Judicial review, F.S. § 333.11; Similar provision—Appeals, F.S. § 333.08.

Any person aggrieved by any decision of the city commission, may appeal to the circuit court of the county as provided in F.S. § 333.11.

(Ord. No. 04-27, § V(3.10), 5-10-04)

Any person aggrieved by a decision of the city planning commission may appeal that decision to the circuit court by filing a written notice of appeal with the circuit court not more than thirty (30) days after the meeting at which the decision to be appealed was handed down by the commission.

(Ord. No. 04-27, § V(3.11), 5-10-04)

Any person aggrieved, or any taxpayer affected, by any decision of the board of appeals may appeal to the circuit court of the county as provided in F.S. § 333.11.

(Ord. No. 04-27, § V(3.12), 5-10-04)

Appeals to decisions of the special master are described in article I.

(Ord. No. 04-27, § V(3.13), 5-10-04)

No appeal will be considered, where the action or requirement in question clearly is derived from the actions or requirements of federal, state, or regional agencies as part of their permitting process.

(Ord. No. 04-27, § V(3.14), 5-10-04)

(a)

Enforcement, penalties, appeals, and remedy of matters related to this article shall be regulated pursuant to procedures established in this chapter.

(b)

Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act in violation of this article whether individually or in connection with one (1) or more persons, or as a principal, agent, or accessory, shall be subject to prosecution as provided by law.

(c)

Each day that a violation of this article is continued or permitted to exist without compliance shall constitute a separate offense.

(d)

No development orders, site plan approvals, building permits, occupational licenses, zoning compliances, or certificates of occupancy shall be issued to any violator of this article for a subject property in violation until such violation of this article has been properly abated to the satisfaction of the city.

(e)

Notwithstanding any other penalty provisions set forth herein, the City of Leesburg may file an action for injunctive relief in the Circuit Court of Lake County in order to prevent any violation of this article.

(f)

Appeals, enforcement, and penalties.

(1)

Enforcement, penalties, appeals, and remedy of matters related to this article shall be regulated pursuant to procedures established in this chapter.

(2)

Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act in violation of this article whether individually or in connection with one (1) or more persons, or as a principal, agent, or accessory, shall be subject to prosecution as provided by law.

(3)

Each day that a violation of this article is continued or permitted to exist without compliance shall constitute a separate offense.

(4)

No development orders, site plan approvals, building permits, occupational licenses, zoning compliances, or certificates of occupancy shall be issued to any violator of this article for a subject property in violation until such violation of this article has been properly abated to the satisfaction of the city.

(5)

Notwithstanding any other penalty provisions set forth herein, the city may file an action for injunctive relief in the Circuit Court of Lake County in order to prevent any violation of this article.

(Ord. No. 04-27, § V(3.15), 5-10-04)

Any person violating the provisions of this article or any part thereof, upon conviction in the courts of county, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or incarcerated in jail for a period not to exceed thirty (30) days, or both, and each day that such violation continues shall constitute a separate offense.

(Ord. No. 04-27, § V(3.16), 5-10-04)

(a)

Violations. Any owner with landscaping, as required under this section, not being maintained in a neat and healthy appearance shall be notified and a reinspection shall be made within thirty (30) days. Continued violation after the thirty (30) days will be referred to the city code enforcement board.

(b)

Penalties. If a tree not authorized for removal is removed, or is altered or damaged such that its susceptibility to disease or other detrimental environmental factors is significantly increased which may result in premature death, the general contractor and/or the property owner shall pay to the city an initial fine of one hundred dollars ($100.00) per tree removed, or damaged or altered in violation of this article, plus all costs expended by the city for enforcement for each respective case, and provide replacement as required in article V of this chapter. Replacement requirements for trees removed or damaged without first obtaining a permit may exceed the landscape requirements of article V. All fines collected under this section shall be deposited in a city tree planting fund which will facilitate the planting of trees on public property within the corporate limits of the city.

No building permit shall be issued on land where violations of this article exist, or as to which on the basis of past violations fines payable under this section remain unpaid, until such time as appropriate remedial action is completed by the property owner as required by the city. No certificate of occupancy shall be issued for construction on any property where violations of this article exist, or as to which on the basis of past violations fines payable under this section remain unpaid, until such time as appropriate remedial action is completed by the property owner as required by the city.

The penalties provided for in this section are cumulative to, and not in derogation of, any other penalties provided in this article or in the Code for violations, and shall not preclude reference of any violation of this article to the code enforcement board.

(Ord. No. 04-27, § V(3.17), 5-10-04)

(a)

Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor.

(b)

Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition, shall pay all costs and expenses involved in the case, including reasonable attorney's fees. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including obtaining a mandatory injunction, or to otherwise abate any violation in any manner provided by law.

(Ord. No. 04-27, § V(3.18), 5-10-04)

If the city determines that the project is not being carried out in accordance with the approved plan, or if any project subject to this article is being carried out without a permit, the city engineer is authorized to:

(1)

Give the legal entity written notice of this corrective action required to be taken. Should the legal entity fail within thirty (30) days of the date of the notice to complete such corrective action, the city may enter upon the property, take the necessary corrective action, bill the violator and, if the bill is not paid within ninety (90) days, file a lien upon the property for the cost of such corrective action.

(2)

The city may take appropriate corrective action in the event of an emergency situation which endangers persons or property or both as determined to exist by the city.

(3)

Issue written notice to the permittee specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within five (5) working days.

(4)

Issue a stop-work order directing the permittee or persons in possession to cease and desist all or any portion of the work which violates the provisions of this article if the remedial work is not completed within the specified time. The permittee shall then bring the project into compliance.

(Ord. No. 04-27, § V(3.19), 5-10-04)

The following penalties shall be available in the event of a violation of the provisions of this article of this chapter, any other applicable laws, rules, or regulations or permits.

(1)

Enforcement. All violations of the terms and conditions of the approved stormwater management system permit, this article, or any other article, rule, regulation, or law may be enforced by enforcement action of the special master.

(2)

Civil or criminal enforcement. Nothing in this article precludes the city from seeking immediate injunctive relief or taking such other lawful action, including but not limited to, forfeiture of the financial security held by the city to prevent or remedy any violation of any approved stormwater management system permit, or any violation of the terms of this or any other city code, or any other law, rule, or regulation. Violation of any of the terms and conditions of any approved stormwater management system permit, or any of the terms and conditions of this article, may be prosecuted as provided in Chapter 125, F.S. § 125.69.

(3)

Cumulative effect. The penalties provided for herein are cumulative. Use of one (1) method of enforcement shall not preclude the city from using other methods of enforcement for the same violation.

(Ord. No. 04-27, § V(3.20), 5-10-04)

The following remedies and penalties shall apply to violations of this article.

(1)

Unauthorized removal or destruction of wetland vegetation is prohibited. Where such violations of these regulations are noted, the city shall require the wetland vegetation to be replaced based on any information from approved permits, or based on surrounding undisturbed wetland vegetation.

(2)

A stop work order shall be issued for all sites in violation where any construction has been previously authorized. No further city permits shall be issued for the subject site, nor any attendant inspection made, until such violations are corrected or a restoration/mitigation plan has been approved by the appropriate jurisdictional agency. This shall include a certificate of occupancy for any attendant structure.

(3)

Where violations of the dredge and fill or wetlands rules and regulations imposed by federal, state, or regional agencies are noted by the city, such violations will be reported in writing to the appropriate agency.

(Ord. No. 04-27, § V(3.21), 5-10-04)

(a)

Enforcement, penalties, appeals, and remedy of matters related to this article shall be regulated pursuant to procedures established in article VIII, Natural Resources.

(b)

Each person who commits, attempts to commit, conspires to commit, or aids and abets in the commission of any act in violation of this article whether individually or in connection with one (1) or more persons, or as a principal, agent, or accessory, shall be subject to prosecution as provided by law.

(c)

Each day that a violation of this article is continued or permitted to exist without compliance shall constitute a separate offense.

(d)

No development orders, site plan approvals, building permits, occupational licenses, zoning compliances, or certificates of occupancy shall be issued to any violator of this article for a subject property in violation until such violation of this article has been properly abated to the satisfaction of the city.

(e)

Notwithstanding any other penalty provisions set forth herein, the city may file an action for injunctive relief in the Circuit Court of Lake County in order to prevent any violation of this article.

(Ord. No. 04-27, § V(3.22), 5-10-04)

(a)

Any violation of this Code shall be brought before the code enforcement board of the city.

(b)

The ultimate responsibility for status and condition of all sign area is that of the property owner.

(c)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the city, and shall present a neat and clean appearance.

(1)

Exposed surfaces shall be cleaned and maintained in a sightly and legible condition. Defective parts shall be replaced. The building official shall have the right to order repair or removal of any sign which is defective, damaged or substantially deteriorated.

(2)

The vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet shall be neatly trimmed and free of unsightly weeds. No rubbish or debris what would constitute a fire or health hazard shall be permitted under or near the sign.

(Ord. No. 04-27, § V(3.23), 5-10-04)