This article provides for the establishment of the administrative official, citizen boards, procedures for the administration of this LDC, fees and enforcement requirements.

(Ord. No. 94-112, exh. A(8.00), 1-18-1994; Ord. No. 2007-159, § 1(8.00), 6-14-2007)

An administrative official, designated by the town council shall administer and enforce this LDC and may be provided with the assistance of such other persons as the town council may direct. Upon finding that any of the provisions of this article are being violated, the administrative official shall notify in writing the person responsible for such violations, indicating the nature of the violations and ordering the action necessary to correct it. The administrative official shall order the the following:

a.

The discontinuance of illegal use of land, buildings, or structures;

b.

Removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or

c.

Shall take any other action authorized by this article to ensure compliance with or to prevent violations of its provisions.

(Ord. No. 94-112, exh. A(8.01), 1-18-1994)

8.02.01.

Generally. All citizen boards created to administer this LDC shall be governed by this section. Regardless of any other provision within this LDC any member of a citizen board may be removed from that position by a four-fifths vote of the town council.

8.02.02.

Planning commission. The town local planning agency is established in accordance with F.S. § 163.3174. The term planning commission shall be synonymous with the term local planning agency.

a.

Membership. The town local planning agency shall consist of five members appointed by the town council, none of whom shall be members of the town council, nor employees of the town. All members must be residents of the town at the time of appointment. An alternate member may be appointed and may exercise all the powers of a member of the local planning agency, but only in the absence of a regular member.

b.

Term. The terms of membership shall be three years. Immediately upon the adoption of the ordinance from which this LDC is derived, the members of the local planning agency, if any, shall be reappointed in the following manner:

a.

One member for one year;

b.

Two members for two years; and

c.

Two members for three years.

Upon completion of the initial term all members shall serve for three years. Any vacancies shall be appointed by the town council and such an appointment shall be before the duration of the term being filled. A majority of the local planning agency shall appoint a chairman who shall serve for one year. A secretary shall be appointed by the local planning agency who shall be a member of the local planning agency, an employee of the town, or a volunteer. The local planning agency shall keep minutes of all meetings showing the vote, indicating such fact, and keeping records of its resolutions, transactions, findings, or other determinations, all of which shall be public record and immediately filed with the town clerk.

c.

Authority and responsibility. The local planning agency possesses and is responsible for the duties established by the state statutes, this LDC now and as amended from time to time, as set forth herein and as otherwise directed by the town council. The local planning agency shall advise the town council on matters of zoning policy and regulation.

8.02.03.

Board of adjustment. A board of adjustment is hereby established.

a.

Membership. The board of adjustment will consist of five members to be appointed by the town council or may consist of the existing members of the town council.

b.

Term. The terms of each membership shall be three years. Each member of the board of adjustment shall be a resident of the town at the time of appointment.

c.

Proceedings. The board of adjustment shall elect a chairman and a vice-chairman from among its members and shall appoint a secretary. The secretary shall be either a member of the board or an employee of the town or the town council. The board of adjustment may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all such offices shall be for one year with eligibility for reelection. The board of adjustment shall adopt rules necessary to the conduct of its affairs, in keeping with the provisions of this LDC. Meetings shall be held at the call of the chairman and at such other times as the board may determine. All meetings shall be open to the public. The member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its resolutions, transactions, findings and determinations, all of which shall be a public record and shall be immediately filed in the office of the town clerk. A quorum for the transaction of business shall consist of three members. If any member of the board of adjustment shall find that his private or personal interests are involved in a matter coming from the board, he shall disqualify himself from participation in that particular matter.

d.

Authority and responsibility. The board of adjustment shall have the following powers and duties:

1.

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

2.

Special exceptions; conditions governing applications; procedures. To hear and decide only such special exceptions as the board of adjustment is authorized to pass on by the terms of this LDC; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this LDC, or to deny special exceptions when not in harmony with the purposes and intent of this LDC.

8.02.04.

Tree preservation committee.

a.

Established. The tree preservation committee shall consist of three, four or five members to be appointed by the town council or may consist of the existing members of the town council. No business of the tree preservation committee shall be conducted without the presence of a quorum consisting of at least two members if the committee has three or four members, or consisting of at least three members if the committee has five members. All decisions of the tree preservation committee shall be by an affirmative vote of at least 51 percent of the members present and voting at any meeting where a quorum exists.

b.

Appointments. The initial appointment to the tree preservation committee shall be as follows as determined by town council:

1.

One member appointed for a term of one year.

2.

One member appointed for a term of two years.

3.

One member appointed for a term of three years.

4.

Remaining member or members appointed for a term(s) of three years.

c.

Authority. The tree preservation committee shall have such authorities as provided for in section 5.08 of this LDC.

8.02.05.

Historical preservation board. There is hereby created and established a town historical preservation board.

a.

Composition. The McIntosh Historical Preservation Board shall consist of three, four or five members to be appointed by the town council or may consist of the existing members of the town council.

b.

Terms of office; officers.

1.

The terms of each membership shall be three years. Each member of the historical preservation board shall be a resident of the town at the time of appointment.

2.

The historical preservation board shall elect from among its members a chairman, vice-chairman, and a secretary who shall serve for terms of one year and shall be eligible for reelection. The chairman shall preside over meetings and shall have the right to vote. In the absence of the chairman, the vice-chairman shall perform the duties of the chairman. In the absence of the chairman and the vice-chairman, the secretary shall perform the duties of both the chairman and the secretary. The secretary shall take the minutes of each town historical preservation board meeting and give such notice as may be required for all public meetings conducted by the board.

c.

Meetings.

1.

The historical preservation committee shall hold a meeting at least three times annually and at such additional times as may be necessary, by the call of the chairman. No business of the historical preservation committee shall be conducted without the presence of a quorum consisting of at least two members if the committee has three or four members, or consisting of at least three members if the committee has five members. All decisions of the historic preservation committee, including approval of the issuance of any certificate of appropriateness, shall be by an affirmative vote of at least 51 percent of the members present and voting at any meeting where a quorum exists. No member of the historical preservation committee shall vote on a matter that may materially or apparently affect the property, income, or business of that member.

2.

The historical preservation board shall adopt rules as approved by the town council for the transaction of its business. All meetings of the historical preservation board shall be open to the public, and public record shall be kept of the board's resolutions, proceedings, and actions.

8.02.06.

Road board. There is hereby created and established a McIntosh Road Board.

a.

Composition. The road board will consist of five members to be appointed by the town council or may consist of the existing members of the local planning agency. All members of the road board shall be citizens of the town.

b.

Duties.

1.

The road board will review any building permits, other than single-family residential, for traffic impacts and advise the town council on adverse effects.

2.

The road board shall establish and maintain liaison with the state department of transportation and the county to coordinate impacts of any future developments on highways, roads, or streets within the town or the adjacent unincorporated areas of the county.

(Ord. No. 92-07, § 2, 7-23-1982; Ord. No. 95, § 2, 9-5-1985; Ord. No. 94-112, exh. A(8.02), 1-18-1994; Ord. No. 97-120, § 1-2-1997; Ord. No. 00-132, § 13, 10-12-2000; Ord. No. 2006-148, § 7, 12-12-2005; Ord. No. 2010-174, 4-8-2010)

8.03.01.

Building permits required. No building or structure shall be erected, moved into or within the town, added to, or structurally altered without a permit therefore issued by the administrative official which shall only be issued after compliance with the requirements of this LDC and all applicable federal, state and water management district regulations is demonstrated. No building permit shall be issued by the administrative official, except in conformity with the provisions of this LDC, unless he receives a written order from the board of adjustment in the form of an administrative review, special exception, or variance as provided for by this LDC.

8.03.02.

Application for a building permit. All applications for building permits shall be accompanied by the following:

a.

Plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon;

b.

The legal description, exact sizes and locations on the lot of buildings already existing, if any; and

c.

The location and dimensions of the proposed building or alteration.

The application shall include:

a.

Such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration;

b.

Existing or proposed uses of the building and land;

c.

The number of families, dwelling units, or rental units the building is designed to accommodate;

d.

Conditions existing on the lot;

e.

Existing and proposed groundwater drainage provisions; and

f.

Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this LDC.

One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

8.03.03.

Certificates of zoning compliance. It shall be unlawful to use or occupy or to permit the use of occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this LDC. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this LDC, provided that upon enactment of this LDC, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was a nonconforming use at the time of enactment or amendment of this LDC. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this LDC upon completion of the work. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that the temporary certificate may include such safeguards as will protect the occupants and the public. The administrative official shall maintain a record of all building permits and certificates of zoning compliance, and a copy shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall be a violation of this LDC and shall be punishable under section 8.06 of this LDC.

8.03.04.

Expiration of building permit. If the work described in any building permit has not begun within 12 months from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within two years from the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed, unless and until a new building permit has been obtained.

8.03.05.

Construction and use to be provided in applications, plans, permits, and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications provided by the administrative official authorize only the use, arrangement and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this LDC and shall be punishable as provided for by section 8.06.

8.03.06.

Site plans.

(1)

The fee for an application for site plan approval under this section of the Land Development Code for the historic Town of McIntosh shall be $75.00.

(2)

A site plan will be required for any permanent construction, attached structure, additional impervious surface exceeding 100 square feet including, but not limited to asphalt or concrete, or any change that alters the existing building footprint of the current site plan. Site plan approval shall not be required or include ordinary maintenance, repair, re-roofing, repainting, re-siding, remodeling, elimination or addition of doors, doorframes, windows, or window frames.

(3)

Upon completion of construction or altering change, sites for which site plans have been submitted will be inspected and reviewed during the approval process to determine if requirements have been met.

(4)

In the event that a project has commenced without the proper building permit or site plan approval, the application fee for a site plan shall be $150.00

(5)

All ordinances and/or resolutions to the extent of conflict herewith are hereby repealed.

(6)

This resolution shall take effect immediately upon its adoption.

(Ord. No. 94-112, exh. A(8.03), 1-18-1994); Res. No. 2006-03, 5-11-2006; Res. No. 2007-09, § 1, 10-11-2007; Res. No. 2009-02, 7-9-2009)

8.04.01.

State law controlling. The procedures in this section shall be followed in amending this LDC and the comprehensive plan. This section supplements the mandatory requirements of state law, which must be adhered to in all respects.

8.04.02.

Code amendments. The regulations, restrictions, and boundaries set forth in this LDC may from time to time be amended, supplemented, changed, or repealed. Procedures shall be as follows:

a.

Initiation of proposals. A zoning amendment may be proposed by the town council, the planning commission, the board of adjustment, any other department or agency of the town, or by the petition of the owners of 51 percent or more of the area involved in the proposed change. In the latter case, the petitioners shall be required to assume all costs incidental to a zoning amendment change including, but not limited to, the cost of public notice, advertising and other costs incidental to the holdings of public hearings, attorney fees, and land planning agency professional fees. All proposals for zoning amendments shall be submitted to the administrative official in writing, accompanied by all pertinent information required by this zoning code and which may be required by the local planning agency (LPA) for proper consideration of the matter, along with payment of such fees and charges as may be required. The total fees and charges shall be estimated by the administrative official, and no application for a zoning amendment shall be heard by the LPA until such estimated fees and charges have been paid, except that the town council may waive any fee or charge for churches, nonprofit organizations or in cases of hardship. Prior to final adoption of the amendment change, the administrative official will present the petitioner with an itemized list of fees and charges incidental to the petition for zoning change, and the petitioner shall pay the balance of any unpaid fees, or if the petitioner overpaid, the town will reimburse the petitioner the overcharged amount. There will be no reimbursement to the petitioner if the amendment change is not approved. The town council shall, upon receipt of an application for amendment of this LDC, refer such application to the LPA for consideration as to the relationship of such proposal to the adopted comprehensive plan. All proposals for zoning amendments shall be considered first by the LPA, as established by the town, in the manner set out herein.

b.

Notice. Before holding any public hearing as required by this LDC, the LPA or the town council shall give due public notice. In addition, where the proposed amendment would amend the official zoning map, written notice shall be mailed to the parties in interest and to all owners of property within 300 feet of the boundaries of the property for which a change in zoning is requested. Ownership of property shall be determined according to the most recent county ad valorem tax records. The mailed notices shall include a brief explanation of the proposed amendment and a location map identifying the property under consideration. The notices shall also state the actions of the LPA are strictly advisory to the town council.

c.

LPA hearing and report. The LPA shall hold its public hearing within 60 days of the date on which the application for amendment was filed in the office of the administrative official. Unless a longer time period is mutually agreed upon by the town council and the LPA, the LPA shall file its recommendations with the town council within ten days after the public hearing.

d.

Report of the LPA when the proposed amendment pertains to a change in the zoning classification of land. When a proposed amendment to this LDC pertains to a change in the zoning classification of land, the report and recommendations of the LPA to the town council shall show that the LPA has studied and considered, where applicable, whether or not:

1.

The proposed change is contrary to the established land use pattern;

2.

The proposed change would create an isolated district unrelated to adjacent and nearby districts;

3.

The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as streets, utilities, etc.;

4.

Existing district boundary lines are illogically drawn in relation to existing conditions on the property proposed for change;

5.

The proposed change would be contrary to the future land use element of the town comprehensive plan and would have an adverse effect on the comprehensive plan;

6.

Changed or changing conditions make the proposed amendment necessary;

7.

The proposed change will adversely influence living conditions in the neighborhood;

8.

The proposed change will create or excessively increase traffic congestion in the neighborhood;

9.

The proposed change will create a drainage problem;

10.

The proposed change will seriously reduce light and air to adjacent areas;

11.

The proposed change will adversely affect property values in the adjacent area;

12.

The proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

13.

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;

14.

There are substantial reasons why the property cannot be used in accord with existing zoning;

15.

The proposed change will be in scale with the needs of the neighborhood or the town; or

16.

It is impossible to find other adequate sites in town for the proposed use in districts already permitting the use.

e.

Report of the LPA when the proposed amendment pertains to other matters. When the proposed amendment to this LDC pertains to matters other than a change in the zoning classification of land, the LPA shall study and consider the need and justification for the change and the relationship of the proposed amendment to the town comprehensive plan. The LPA shall give appropriate consideration to whether the proposed change will further the purposes of this LDC and other town ordinances, regulations and actions designed to implement the comprehensive plan.

f.

Status of the LPA report and recommendation. The report and recommendations of the LPA shall be advisory only and shall not be binding upon the town council.

g.

Action by the town council. Upon receipt of the LPA's report and recommendations, the town council shall hold a public hearing, with notice given as set out in subsection b. of this subsection. In the case of all proposed changes and amendments, if the recommendation of the LPA is adverse to the proposal, such change or amendment shall not be adopted, except by the votes of three or more members of the town council. If the town council does not act upon the LPA recommendation regarding a proposed change or amendment within 45 days of the date of its receipt by the town council, the application upon which the report and recommendation is based shall be deemed to have been denied.

h.

Limitations on the rezoning of property. Whenever the town council has denied an application for the rezoning of property, the applicant shall not resubmit an application to rezone any part or all of the same property for a period of 12 months from the date of such action. This time limit may be waived by the town council if the applicant can establish that the denial of the request for waiver of a time limit would work unnecessary and undue hardship on the applicant.

8.04.03.

Amending the comprehensive plan. Applications to amend the town comprehensive plan shall be submitted in accordance with the requirements established by the town council on forms maintained by the town clerk and then set for hearing before the planning commission. The planning commission shall hold a legislative hearing on each application to amend the comprehensive plan and thereafter submit to the town council a written recommendation which the town council shall thereafter hold a legislative hearing on the proposed amendment and may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered in the hearing.

8.04.04.

Duties of the administrative official, board of adjustment, town council and courts on matters of appeal.

a.

It is the intent of this LDC that all matters of interpretation and enforcement shall first be presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that the recourse from the decisions of the board of adjustment shall be to the courts.

b.

It is further the intent of this LDC that the duties of the town council shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this LDC. Under this LDC, the town council shall only have the duties of:

1.

Considering and adopting or rejecting proposed amendments or the repeal of this LDC, as provided by law; and

2.

Establishing a schedule of fees and charges as stated in section 8.05.

8.04.05.

Board of adjustment hearings; appeals; notice. Appeals to the board of adjustment concerning interpretation or administration of this LDC may be taken by any person aggrieved by any officer, board, or bureau of the governing body of the town affected by any decision of the administrative official. Persons appealing to the board of adjustment may be required to assume such reasonable costs in connection with appeals as may be determined by the town council through action in setting fees to be charged for appeals. Such appeals shall be taken within a reasonable time, not to exceed 30 days after rendition of the order, requirement, decision, or determination appealed, by filing with the administrative official and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the board of adjustment. The administrative official shall forthwith transfer to the board of adjustment all plans, documents, papers, and other materials constituting the record upon which the action appealed from was taken. The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any person may appear in person or by agent or attorney. An appeal stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reasons of fact stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

8.04.06.

The board of adjustment special exception procedures. A special exception shall not be granted by the board of adjustment, unless and until:

a.

A written application for a special exception is submitted indicating the section of this LDC under which the special exception is sought and stating the grounds on which it is requested and the types of findings the board of adjustment must make under subsection e. of this subsection. The application should include material necessary to demonstrate that the granting of a special exception will be in harmony with the general intent and purposes of this LDC, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Where applicable, such material may include, but is not limited to:

1.

Site plans at an appropriate scale showing proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards.

2.

Plans showing locations for utilities hook ups.

3.

Plans for screening and buffering with reference to type, dimensions, and character. Where this LDC places other requirements on specific special exceptions, the application should demonstrate that such requirements are met.

b.

Upon receipt of a completed application for a special exception, the administrative official shall promptly forward a copy thereof to the planning commission for review and consideration by the planning commission. The planning commission shall review the application for a special exception at any regular or special meeting of the planning commission subsequent to the receipt of application and shall make such recommendations to the board of adjustment as it deems appropriate. The planning commission shall not be required to give notice, nor hold a public hearing incident to review of an application for a special exception, nor shall the planning commission be required to make a recommendation to the board of adjustment on any such application. If the planning commission fails to make a written recommendation to the board of adjustment by the date the board of adjustment has set to officially act on the application, the planning commission shall be deemed to have recommended approval of the application.

c.

Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which special exception is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which the special exception is sought, at the post office, and in one other public place at least 15 days prior to the public hearing.

d.

At the public hearing any party may appear in person, or by agent or attorney.

e.

Before any special exception shall issue, the board of adjustment shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

1.

Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in event of fire or catastrophe;

2.

Off-street parking and loading areas where required, with particular attention to the items in subsection a. of this section and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;

(Ord. No. 94-112, exh. A(8.04.06), 1-18-1994; Ord. No. 2008-166, 4-10-2008)