(A)

The Town Manager and the Town Building Official are hereby given the duty, power and authorization to enforce the provisions of this chapter. They shall examine all applications for permits and issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with requirements of this chapter. All applications for permits with accompanying plans and documents shall be kept on file at the Town Hall.

(B)

Building permits for structures requiring a variance from the requirements of this chapter and for such special exception uses as may be enumerated in this chapter may be issued only after a written order of the Town Commission has authorized same.

('81 Code, section 9.10) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

(A)

Where, by the terms of this chapter, site plan review is required, no building permit shall be issued for the purpose of erecting, altering or converting any structure or building, or any part thereof, or altering the use of any land until after the Town Commission shall approve the site plan in accordance with this chapter, except for site plan review of statues and/or sculptures, which shall be performed by the Architectural Commission in accordance with the applicable provisions of this chapter and chapter 152.

(B)

The primary purpose of the site plan review process is to examine for potential adverse impact on the adjacent area, neighborhood or Town, those uses having characteristics identified as possessing the potential for negative impact, and to ensure such uses are located, sited and designed that they may result in a positive contribution to their area, neighborhood and Town.

(C)

To achieve these purposes, the Town Commission (or the Architectural Commission, in the case of site plan review for statues and/or sculptures) may, after detailed review of the site plan and its potential off-site impact, impose such operational and/or design conditions as will eliminate or minimize such impact. Such conditions shall reflect the review criteria set forth in this chapter.

('81 Code, § 9.20) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 277, passed 11-27-07)

(A)

Site Plan Review shall be required for each special exception use, two family dwelling, Town-house dwelling, multiple-family dwelling, time share use, congregate living use, and/or hotel, club and/or commercial use.

(B)

Applications for site plan review shall be filed by the fee simple owner. The fee simple title owner may authorize a designee, agent or representative by power of attorney filed with the Building Official. The application shall be filed at least thirty (30) days prior to the date of the Town Commission meeting at which such request is proposed to be considered. Such application shall include those of the following items deemed to be applicable by the Building Official.

(1)

Statements of ownership and control of the subject property.

(2)

Statement describing in detail the character and intended use of the property.

(3)

General location map, showing relation of the site for which site plan approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like.

(4)

Two (2) copies of a site plan containing the title of the project and the names of the architect, engineer, project planner and/or developer, date and north arrow, and based on an exact survey of the property drawn to a scale of sufficient size to show:

(a)

Boundaries of the project, any existing streets, buildings, water courses, easements and section lines;

(b)

Exact location of all buildings and structures;

(c)

Access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic;

(d)

Off-street parking and off-street loading areas;

(e)

Recreation facilities locations;

(f)

All screens and buffers;

(g)

Refuse collection areas; and

(h)

Access to utilities and points of hookup for utilities.

(5)

Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to:

(a)

The various permitted uses;

(b)

Ground coverage by structures; and

(c)

Impervious surface coverage.

(6)

Tabulations showing:

(a)

The derivation of numbers of off-street parking and off-street loading spaces shown in subsection (B)(4) above; and

(b)

Total project density in dwelling units per acre.

(7)

If common facilities (such as recreation areas or structures, private streets, common open space, and the like) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, home owners' associations surety arrangements, or other legal instruments provided there is adequate guarantee to the Town that such common facilities will not become a future liability for the Town.

(8)

Storm drainage and sanitary sewage plans.

(9)

Architectural elevations for buildings in the development; exact number of dwelling units, sizes, and types, together with typical floor plans of each type.

(10)

Plans for signs, if any.

(11)

Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and maintenance. (Location of the site of all existing trees protected by Town regulations shall be shown).

(12)

Plans for recreation facilities, if any, including buildings for such use.

(13)

Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. In the case of commercial uses, colored photographs of each building within one hundred (100) feet to either side of the property line on any street and a diagrammatic elevation drawing indicating the height and width of existing or planned structures within the same distance.

(14)

Such additional data as the applicant may believe is pertinent to the site plan.

(C)

SubSections (B)(3), (4), (8) and (9) above shall be prepared by a registered surveyor, engineer or architect or practicing land planner as may be appropriate to the particular item.

(Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

(A)

Notice of the hearing on such application for site plan review shall be sent by facsimile, electronic mail (e-mail), hand delivery or regular or bulk mail to all Town residents. Such notice shall be sent to all Town residents at least ten (10) days prior to the scheduled hearing.

(B)

No application shall be heard less than ten (10) days after the mailing of notice to all Town residents as herein provided, and all applications will be heard at regular or special meetings of the Town Commission.

(Ord. 237, passed 12-13-04)

(A)

Within sixty (60) days of receipt of the application for site plan review, the Town Commission shall review and consider the application. Before any site plan shall be approved, approved with changes, or denied, the Town Commission shall make a finding that the approval of the site plan will or will not adversely affect the public interest and that the specific zoning requirements governing the individual use have or have not been met and that, further, satisfactory provision and arrangement has or has not been made concerning the following matters, where applicable:

(1)

Sufficiency of statements on ownership and control of the subject property and sufficiency of conditions of ownership of control, use, and permanent maintenance of common open space, common facilities, or common lands to ensure preservation of such lands and facilities for their intended purpose and to ensure that such common facilities will not become a future liability for the Town.

(2)

Intensity of use and/or purpose of the proposed development in relation to adjacent and nearby properties and the effect thereon; provided, however, that nothing in this subsection shall be construed as granting the Town Commission the authority to require reduction of residential densities below that permitted by the schedule of use regulations.

(3)

Ingress and egress to the property and the proposed structures thereon, with particular reference to automotive and pedestrian safety, separation of automotive traffic, traffic flow and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe, or emergency.

(4)

Location and relationship of off-street parking and off-street loading facilities to thoroughfares and internal traffic patterns within the property, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscaping.

(5)

Proposed screens and buffers to preserve internal and external harmony and compatibility with uses inside and outside the property boundaries.

(6)

Manner of drainage on the property, with particular reference to the effect of provisions for drainage on adjacent and nearby properties and the consequences of such drainage on overall Town capacities.

(7)

Utilities with reference to hook-in locations and availability and capacity for the uses projected.

(8)

Recreation facilities and open spaces with attention to the size, location, and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties and uses within the property, and relationship to community wide open spaces and recreation facilities.

(9)

Such other standards as may be imposed by these zoning regulations for the particular use or activity involved.

(10)

Height of commercial structures with reference to adjoining buildings, the effect on uniformity in height, and the general principal of retaining the low profile scale of commercial architecture.

(11)

Visible size and bulk. The proposed development should be so arranged that it minimizes the visible bulk of the structure(s) to drivers and pedestrians on abutting roadways, the point of reference being the centerline of the abutting roadway(s), with the intent being to maintain visual impact of multi-story buildings at the same relative level of intensity as a single-story building at the minimum required setback.

(B)

Action by Town Commission.

(1)

After review of the standards set forth above, the Town Commission shall approve, approve with changes, or deny the application and direct the Building Official to approve or withhold approval of the Building Permit.

(2)

An approval of a site plan review application by the Town Commission shall include as a part thereof all of the information and exhibits as required by this chapter. No subsequent deviation or change may be made from this information and the exhibits as approved by the Town Commission in the implementation of the Commission approval except upon new application to and approval by the Town Commission. The application shall include size, shape, style and location of buildings, number of dwelling units, location of parking facilities, driveways, accessory uses and buildings, landscaping concepts, and all other aspects of the proposed development germane to the site plan review. Any deviation will result in a stay of work until resolved. The work authorized by the Town Commission approval of a site plan review must be commenced or implemented within twelve (12) months after the date of Town Commission approval thereof, and if not so commenced the Commission approval shall thereupon become null and void.

(Ord. 148, passed 5-26-87; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03)

Any officer or employee charged with the enforcement of this chapter, acting for the Town in the discharge of his or her duties, shall not thereby render himself liable personally, and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provisions of this chapter shall be defended by the Town until final termination of the proceedings.

('81 Code, § 9.30) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

(A)

Applications for special exceptions and/or variances to the provisions of any of the regulations contained in this chapter shall be made by the fee simple title owner. The fee simple title owner may authorize a designee, agent or representative by power of attorney filed with the Town.

(B)

Applications for special exceptions or variances shall be accompanied by proper exhibits which shall be filed at least thirty (30) days prior to the date of the Town Commission meeting at which such request is proposed to be considered. All special exception and variance applications shall include plans, documents and other materials to adequately depict and support the request. All applications for a variance shall include a plot plan to scale which shall identify the following information: location of structure(s), lot size, setbacks, percent lot coverage, percent landscaped open space (front yard and total lot), and finished topographical elevations. Upon receipt of the application for special exception or variance, the following procedures shall be followed:

(1)

The Building Official shall forthwith examine the application for compliance with the Code. Once certified as complete by the Building Official the application shall be processed.

(2)

Notice of the hearing on such application shall be sent by facsimile, electronic mail (e-mail), hand delivery or regular or bulk mail to all town residents. Such notice shall be sent to all town residents at least ten (10) days prior to the scheduled hearing. Should an additional or separate notice be required due to any action(s) or omission(s) on the part of the applicant or the applicant's agent, any costs incurred by the Town in order to provide such additional notice shall be borne by the applicant.

(3)

No application shall be heard by the Town Commission less than ten (10) days after the mailing of notice to all town residents as herein provided, and all applications will be heard at regular or special meetings of the Town Commission.

(4)

Postponement requests for deferred action on any application may be granted by the Town Commission for good cause shown.

(5)

An application request seeking substantially the same relief cannot be accepted for consideration after it has been denied by the Town Commission until after six (6) months has elapsed from the date of denial.

(6)

The work or use authorized under an approved variance or special exception application must be commenced or implemented within twelve (12) months from the date of Town Commission approval thereof. One (1) six (6) month extension may be granted administratively if a request for same is received in writing prior to expiration. If not timely commenced, the special exception or variance shall be null and void. Once commenced or implemented, all authorized work must be completed within twenty-four (24) months from the date of issuance of the building permit unless an extension is granted in accordance with the Building Code.

(7)

When an application is deferred or postponed because the Town Commission determines that additional professional advice is necessary, the expense of obtaining such additional professional advice shall be borne by the applicant. The person, firm or corporation to render or give such additional professional advice shall be selected by mutual agreement of the Town and the applicant.

(8)

Applications for variance or special exception may be withdrawn without prejudice by written request of the applicant received prior to the date of the scheduled Town Commission hearing on the application. Applications can be withdrawn on the scheduled hearing date only by action taken by the Town Commission.

(9)

The reasons for denial of a special exception or variance shall appear in the written order of denial of a special exception or variance request which shall be issued within ten (10) working days of the Commission's action.

(Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 237, passed 12-13-04; Am. Ord. 252, passed 10-27-05; Am. Ord. 271, passed 8-28-07; Am. Ord. 333, passed 6-23-15; Am. Ord. 353, passed 5-15-17; Am. Ord. 386, passed 7-26-22)

The Town Commission shall:

(A)

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

(B)

Special exceptions. Hear and decide special exceptions, decide such questions as are involved in determining if and when special exceptions should be granted and grant special exceptions with appropriate conditions and safeguards or deny special exceptions when not in harmony with the purpose and intent of this chapter. In granting any special exception, the Town Commission shall find that such grant will not adversely affect the public interest. In granting any special exception, the Town Commission in addition to the standards enumerated in Section 151.568 of this chapter may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall render the grant of special exception or variance null and void.

(C)

Variances. Authorize on appeal such variance from the terms of the 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 and undue hardship. In order to authorize any variance from the terms of this chapter, the Town Commission must and shall find:

(1)

That special conditions and circumstances exist which are peculiar to the land or building involved and which are not applicable to other lands or buildings in the same zoning District.

(2)

That the special conditions and circumstances do not result from the actions of the applicant or his or her predecessor in interest.

(3)

That granting the variances requested will not confer on the applicant any special privilege that is denied by this chapter to other lands or structures in this same zoning District.

(4)

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning District under the terms of this chapter and would work unnecessary and undue hardships on the applicant.

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land or structure, or both.

(6)

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

(7)

In granting any variance, the Town Commission may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter. Under no circumstances shall the Town Commission grant a variance to permit a use not generally, or by special exception, permitted in the zoning District involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning District. No nonconforming use of neighboring lands or structures or both in the same zoning District and no permitted use of lands or structures or both in other zoning Districts shall be considered grounds for the authorization of a variance.

('81 Code, § 10.10) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 212, passed 2-25-03)

In exercising its powers, the Town Commission may, upon appeal reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of this chapter and may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote by a majority of all members of the Town Commission shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the Town Commission is required to pass under this chapter.

('81 Code, § 10.20) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

(A)

Generally. Appeals to the Town Commission may be taken by any aggrieved party affected by any decision of an administrative official of the Town.

(B)

Staying of work on premises. An appeal to the Town Commission stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the Town Commission that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and/or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by a court of record on application.

(C)

Hearing procedure. Any person appealing any decision of an administrative official shall make such appeal in writing within thirty (30) days after the rendition of the order, requirement, decision or determination from which such appeal is made or it shall be barred. Such appeal shall be submitted to the Town Clerk with ten copies including supporting facts and data. Appeals shall be accompanied by proper exhibits which shall be timely filed and shall include plans, documents and other materials to adequately depict and support the appeal. Upon receipt of the appeal, the following procedures shall be undertaken:

(1)

The administrative official whose decision is being appealed shall forthwith examine such appeal together with all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken and shall prepare his or her written recommendations to the Town Commission.

(2)

All appeals will be heard at regular or special meetings of the Town Commission.

(3)

Postponement requests for deferred action on any appeal will be granted for one month only (or the next succeeding Town Commission meeting, if that should occur on a different date) except for good cause shown.

(4)

When an appeal is deferred or postponed because the Town Commission determines that additional professional advice is necessary, the expense of obtaining such additional professional advice shall be borne by the appellant. The person, firm or corporation to render or give such additional professional advice shall be selected by mutual agreement of the Town and appellant.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 265, passed 8-22-06)

Any person aggrieved by a quasi-judicial decision of the Town Commission may appeal such decision to the Circuit Court for the Fifteenth Judicial Circuit in such manner as may be provided by law.

(Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 265, passed 8-22-06)

The Town Commission may from time to time on its own motion, on administrative recommendation, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions or District boundaries herein established. Any ordinance effectuating or implementing any amendment, supplement, change, modification or repeal to or of the regulations, restrictions or District boundaries herein established, shall be adopted in pursuance of the procedures established in F.S. § 166.041, as the same now exists or may hereafter be amended. The Town Commission may from time to time on its own motion, on administrative recommendation, or on petition, amend, supplement, change, modify or repeal the regulations, restrictions or District boundaries herein established. Any ordinance effectuating or implementing any amendment, supplement, change, modification or repeal to or of the regulations, restrictions or District boundaries herein established, shall be adopted in pursuance of the procedures established in F.S. § 166.041, as the same now exists or may hereafter be amended.

('81 Code, § 11.10) (Ord. 97, passed 4-26-76; Am. Ord. 122, passed 5-30-81; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 375, passed 9-18-20)

In interpreting and applying the provisions of this chapter, the provisions of this chapter shall be held to be the minimum requirements for the protection, promotion, and improvement of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where this chapter imposes a greater restriction upon the use of buildings, premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall control. Where certain provisions of this chapter impose a greater restriction than other provisions of this chapter and the same cannot be construed or applied together because conflicting, then the greater restriction shall control, unless the certain provision expressly and completely resolves the question, in which event the certain provision shall control.

('81 Code, §§ 12.11 and 12.12) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Should any subchapter, section, clause or provision of this chapter be declared by a court to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid.

('81 Code, § 12-20) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Procedures for abatement of violation. In case any building or structure is erected, constructed reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Town Commission, or with their approval, the Town Manager or other proper official, in addition to other remedies may institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use about such premises.

('81 Code, §§ 13.10 and 13.11) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 265, passed 8-22-06)

(A)

Violations of the provisions of this chapter or failure to comply with any of its requirements shall be enforced by any lawful means available to the Town and shall subject the violator to the payment of all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(B)

The owner or tenant of any structure, lot, premises, or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(C)

It shall be a violation of this Code for any person to destroy, move, remove, deface or obscure any sign or notice erected or posted pursuant to the requirements of this chapter.

(D)

Nothing herein contained shall prevent the Town from taking any other lawful action necessary to prevent or remedy any violation.

('81 Code, § 13.20) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)