This Code shall be entitled the "City of Mascotte Land Development Code" and may be referred to herein as the "LDC".

A)

This LDC is adopted pursuant to the authority contained in Article VIII, Section 2, of the Constitution of the State of Florida, F.S. Ch. 163, and other controlling law.

B)

Whenever any provision of this LDC refers to or cites a section of the Florida Statutes and that section is later amended or superseded, the reference shall refer to the amended section or the section that most nearly corresponds to the superseded section.

This LDC shall be effective throughout the City's corporate boundaries.

The regulations and requirements set forth herein have been made in accordance with a Comprehensive Plan, and with reasonable consideration to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city.

In accordance with F.S. Ch. 163, all development orders and permits issued under this LDC shall be consistent with the Comprehensive Plan.

A)

No person may use, occupy, or subdivide any land or buildings or authorize or permit the use, occupancy, or subdivisions of any land or buildings under his control except in accordance with all of the applicable provisions of this LDC. It is the obligation of the purchasers of real property to ensure that property purchased is appropriately platted and/or permitted for the use intended.

B)

For purposes of this Section, the "use" or "occupancy" or "subdivision" of a building or land relates to anything and everything that is done to, with, upon, under, over, on, or in that building or land.

A)

Fees sufficient to cover the costs of regulation, review, administration, inspection, mailing and publication of notices, and other costs and expenses relating or pertaining to the processing or defense of development related activities pursuant to this Land Development Code may be charged to applicants.

B)

Unless otherwise set forth in this Land Development Code, there will be no charge for the initial information and inquiry form review and pre-application conference. Development fees shall be paid pursuant to Section 4.2 of this Land Development Code.

C)

The amount of development fees to be paid for various applications shall be as specified in a fee schedule adopted as a resolution by the City Council from time to time.

(Ord. No. 2013-02-511, § 2, 3-18-13; Ord. No. 2017-11-573, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-586, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-586, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-573, but provided an updated effective date of September 26, 2018.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this LDC are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of the LDC, since the same would have been enacted without the incorporation into the LDC of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.

A)

As used in this LDC, words importing the masculine gender include the feminine.

B)

Words used in the singular in this LDC include the plural and words used in the plural include the singular.

C)

Whenever a reference is made in this LDC to a provision of controlling federal, state, or regional law, rule, or regulation, such reference shall be deemed to be the most recent version of such law, rule, or regulation.

A)

Establishment: The City Manager shall act as the Administrator of this LDC; however, the City Manager may assign duties and authority to other staff persons in administering this LDC.

B)

Powers and Duties:

1)

The City Manager or designee is authorized to interpret the permissible, prohibited, and conditional uses listed in each zoning district. A written request for an interpretation shall be submitted to the City Manager. The request shall contain sufficient information to enable the City Manager or designee to make the necessary interpretation.

2)

The City Manager or designee is authorized to interpret the zoning map and to act upon disputed questions of district boundary lines and similar questions. An application for an interpretation shall be submitted to the City Manager. The application shall contain sufficient information to enable the City Manager or designee to make the necessary interpretation. Where uncertainty exists as to the boundaries of the districts as shown on the Official Zoning Map, the following guidelines shall apply:

a)

Boundaries indicated as approximately following the center lines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines.

b)

Boundaries indicated as approximately following lot lines, City limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

c)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of changes in the shoreline, shall be construed as following such changes.

d)

Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map.

e)

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

3)

The City Manager is authorized to establish administrative rules for the application and implementation of this LDC.

(Ord. No. 2011-08-498, § 2, 8-15-11)

Owners of land outside the City who desire to be incorporated within the City may petition for annexation subject to Florida law and the requirements of the City. The following steps should first be taken:

A)

The existing City limits should be referenced to determine if the parcel is contiguous to the City or within the City's Interlocal Service Boundary Agreement area.

B)

City staff should be consulted to determine service capabilities, permitted land uses, and the role of the County and other cities.

C)

The land owner should file an official application to annex. The application shall include:

1)

Name, address, and signature of owner.

2)

Proof of ownership.

3)

A survey, including the legal description of the property and the property's street address.

4)

The requested land use designation (if seeking a City land use).

5)

Method of providing services to the property including water, wastewater, roads, drainage, schools, parks, and solid waste collection.

6)

Processing fee.

(Ord. No. 2017-11-573, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-586, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-586, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-573, but provided an updated effective date of September 26, 2018.

All development must be consistent with the City's Comprehensive Plan which establishes the basis and general guidelines for guiding and regulating land uses. The Future Land Use Map of the Comprehensive Plan should be reviewed to determine if the land use shown would allow the type of development contemplated. The land use categories and zoning permitted in each are as follows:

A)

The proposed development must either be consistent with the land use designation or an application must be filed to amend the Comprehensive Plan. This may be done concurrent with an application to rezone, subject to the City's schedule for acceptance of Comprehensive Plan Amendment applications.

B)

Areas designated as "conservation" were mapped based on the best information available at the time of preparation of the Comprehensive Plan. If information is presented to, and accepted by, the City showing that an area is improperly mapped, then the adjacent land use designation shall apply.

C)

Per the City of Mascotte Charter, the City Council may act as the Local Planning Agency. By resolution the City Council may establish a Local Planning Agency and related procedures.

(Ord. No. 2017-11-573, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-586, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-586, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-573, but provided an updated effective date of September 26, 2018.

A)

Findings and Determinations. It is hereby found, determined and declared as follows:

1)

Definitions: For the purposes of this Section only, the following terms have the following meanings:

a)

Commenced development means that the developer of a project received a final development order prior to the adoption of this LDC.

b)

Continuing development in good faith means that following the issuance of the final development order, the developer of a project diligently pursues the issuance of all permits necessary to begin development of the project, and once obtained, commences and proceeds with development. Once development is commenced, no more than one hundred eighty (180) consecutive days may pass without the occurrence of development unless the developer can establish that the lapse was due to circumstances beyond his or her control.

2)

Existence of Vested Rights:

a)

Notwithstanding its inconsistency, in whole or in part, with this Land Development Code or the Comprehensive Plan, a project or development shall be deemed to have vested rights if the project or development meets one (1) or more of the following criteria:

1.

The project or development has been issued a final development order, and the developer has commenced development and is continuing development in good faith on or before the adoption of this LDC.

2.

The person seeking to establish vested rights, with respect to such project or development, or their predecessors-in-interest (i) have relied in good faith and in reasonable reliance upon some clear and unequivocal act or promise by the City, and (ii) have made such a substantial change in position and incurred such extensive obligations that it would be highly inequitable or unjust to destroy the rights which such person has acquired.

3.

The City has entered into a development agreement prior to the adoption of this LDC which expressly grants vested rights to all or a portion of a project or development.

b)

Nothing in this Land Development Code or the Comprehensive Plan shall limit or modify the rights of any developer to complete a project or development that has vested rights; provided, however, the development of a vested project must occur in a manner consistent with the final development order or other actions forming a basis for the vested rights in order to maintain the vested status of the project or development. Neither this Land Development Code nor the Comprehensive Plan shall be construed or applied so as to result in an unconstitutional taking of private property or the abrogation of validly existing vested rights.

c)

A project or development may be vested for purposes of "consistency" or "concurrency" or both depending on the factual circumstances establishing the vested rights.

d)

A project or development which is found to have vested rights shall enable the owner of the subject property to undertake development addressed by the vested rights determination made pursuant to this Section, notwithstanding that the development may be inconsistent with this Land Development Code and/or the Comprehensive Plan, or in violation of the concurrency requirements of the Comprehensive Plan, or both, as specified in the vested rights determination made pursuant to this Section, but only if the project or development complies with and is subject to all other applicable laws and regulations.

3)

Application for Vested Rights Determination:

a)

Application Period. The developer or owner of a project may request a determination of vested rights by filing a complete application and paying the applicable application fee.

b)

Contents of Application. The application shall contain the following information:

1.

The name, address, and phone number of the applicant.

2.

A legal description of the property.

3.

The name and address of each owner of the property, if the applicant is not the owner.

4.

Identification by specific reference to any ordinance, resolution, City Council action, approved final subdivision plan, building permit or other action demonstrating that the project was issued a final development order prior to the adoption of this LDC (if applicable)

5.

A sworn statement of facts demonstrating that development of the project has continued in good faith (if applicable).

6.

A sworn statement setting forth the facts upon which the claim for vested rights is based.

7.

Copies of all contracts, letters, appraisals, reports or any other documents, items or things upon which the applicant's claim is based.

8.

A copy of the developer agreement or other document supporting the claim for vested rights (if applicable).

9.

A sworn statement setting forth the specific vested rights claimed by the applicant and whether vested rights are claimed for purposes of consistency or concurrency, or both.

10.

Such other relevant information as the City may request.

4)

Procedure for Determining Vested Rights:

a)

Application Review. The City shall review the application in consultation with the City Attorney and shall, within thirty (30) days after it is filed, determine if the application is complete. If it is not complete, the applicant shall be granted ten (10) days to provide additional information to make the application complete.

b)

Vested Rights Determination.

1.

It shall be the applicant's burden to affirmatively allege and establish the existence of vested rights.

2.

Following receipt of a complete application, if the applicant does not request the opportunity to present additional evidence to the City, the City shall issue a written vested rights determination ("the Vested Rights Determination") within sixty (60) days of the date of determination that the application is complete.

3.

The applicant may request the opportunity to present additional evidence to the City, and any such request shall be granted. The City Council, in consultation with the City Attorney, may conduct a hearing to evaluate the applicant's evidence, and may require that all testimony be submitted under oath. In the event a hearing is conducted, a recording or transcript of the hearing shall be made. Within sixty (60) days following the conclusion of the hearing, the City shall issue a written Vested Rights Determination.

4.

The Vested Rights Determination shall contain findings of fact and conclusions of law and shall include the legal description of the property to which it applies. The Vested Rights Determination shall set forth whether the project or development is vested, in whole or in part, for consistency or concurrency, or both and whether the project or development is subject in whole or in part to this Land Development Code. The Vested Rights Determination may contain reasonable conditions necessary to effect the purposes of this Land Development Code and the Comprehensive Plan. It shall state that the Vested Rights Determination is subject to expiration in accordance with this or subsequent ordinances. The City Manager may consult with the City Attorney in connection with the drafting and issuance of a Vested Rights Determination.

c)

Appeal of Determination. Any applicant may appeal to the City Council the City's Vested Rights Determination. The appeal shall be filed with the City Clerk within thirty (30) days following the rendering of the City's Vested Rights Determination. This time is jurisdictional. The City Council's review of the Vested Rights Determination shall be based solely upon a review of the application and the evidence in support thereof submitted to the City. The City Council shall take final action on the appeal within sixty (60) days from the date the appeal is filed with the City Clerk. The decision of the City Council shall be final, subject to judicial review.

d)

Payment of Review Costs. Notwithstanding any provision contained herein to the contrary, the Vested Rights Determination shall not be final until all Review Costs incurred by the City in connection therewith have been paid in full by the Applicant.

e)

Judicial Review. Judicial review of the Vested Rights Determination made by the City Council is available and shall be by common-law certiorari to the circuit court.

5)

Health, Safety, and Welfare Considerations: Nothing contained herein shall preclude the City of Mascotte from requiring a project or development to comply with any LDC adopted subsequent to the issuance of the Final Development Order or the obtaining of vested rights if the City Council deems such compliance essential to the protection of the health, safety, and welfare of the citizens of Mascotte.

A)

All development must be consistent with the zoning district shown on the City's official zoning map and with the requirements of the zoning article of this LDC. The intent of each zoning district, the uses permitted, conditional uses, and site development standards are listed for each district in Article III. If the proposed development is allowed in the district only as a conditional use, application for approval may be made as described in Article III, Section 3.6. If the proposed development is not allowed in the district, application may be made under Article III, Section 3.6 for rezoning to another district permitted within the Comprehensive Plan land use category.

B)

Per the City of Mascotte Charter, the City Council may act as the Planning and Zoning Board. By resolution the City Council may establish a Planning and Zoning Board and related procedures.

(Ord. No. 2017-11-573, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-586, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-586, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-573, but provided an updated effective date of September 26, 2018.

Any person proposing to divide existing parcels of land may do so consistent with the standards of the applicable zoning district and according to the standards and procedures set forth in Article IV.

Developments proposed on properly zoned parcels of record must obtain site plan approval prior to obtaining building permits. Specific procedures are contained in Article IV.

Also applicable, but not contained in this Code, are building codes, fire codes, and other regulations as may be adopted from time to time by the City.

It is the City's intent that all reviews be coordinated with other agencies and jurisdictions. However, it is the applicant's responsibility to secure all permits required by other agencies and jurisdictions. Applicants are advised to check with all appropriate agencies prior to submitting an application.

All development orders in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

(Ord. No. 2017-01-556, § 2, 3-20-17)

Administrative appeals shall include appeals from decisions of the City Manager or his or her designee.

Any final administrative decision regarding the enforcement or interpretation of this Code, where it is alleged there is an error by the City Manager or his or her designee, can be appealed as set forth herein. Appeals to Article III are set forth in Article III, Section 3.19.

Appeals shall be taken within thirty (30) days after such Administrative order, decision, requirement, or determination is made by filing a written Notice of Appeal with the City Manager stating, at a minimum, the name of the decision maker, date of the decision, applicable code provisions, all required supplemental information necessary to render determinations related to the notice, and the specific grounds for appeal.

For purposes of computing the time for filing an appeal, the making of an order, decision, requirement, or determination by the City Manager or designee shall be the date at which a written, dated and signed instrument expressing such decision is filed in the records of the City. Upon receipt of the Notice of Appeal and any appeal fee set by resolution of City Council, the City Manager shall schedule the Appeal before the City Council and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. The public hearing shall be properly noticed.

A)

The City Council shall review and decide all Administrative Appeals.

B)

The City Council shall make a final decision on the Administrative Appeal.

C)

Review of Administrative decisions shall be based on all of the following criteria:

1)

Whether the Applicant was properly afforded procedural due process;

2)

Whether the decision under review is supported by competent, substantial evidence; and

3)

Whether the decision under review complied with applicable law, including a proper and consistent interpretation of any provision under this Section.

4)

At a properly noticed public hearing, the City Council may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the Officers from whom the Appeal is taken.

D)

The decision of the City Council shall be final, unless otherwise appealed to the courts.