(a)

Intent. Pursuant to F.S. § 286.0115(1), it is the intent of the city council that this section is intended to remove the presumption of prejudice from ex parte communications with city officials and to permit, among other things, site visits, the receipt of expert opinion, and the review of mail and other correspondence relating to quasijudicial proceedings by said city officials.

(b)

Definitions. As used in this section, the following terms shall be defined as follows:

(1)

City official means and refers to any elected or appointed public official holding a municipal position or office who recommends or takes quasijudicial action as a member of a city board, commission, or committee, including, but not limited to, a member of the city council, the board of adjustment, the code enforcement board, the planning and zoning board, or the local planning agency.

(2)

Ex parte communication means a communication involving a city official and a member of the public, regarding a pending quasijudicial action, such that the city official may be exposed to only one perspective or part of the evidence with regard to a quasijudicial action pending before the council or board on which the city official serves. Ex parte communications occur at other than a public meeting of the board on which the city official serves at which the quasijudicial action discussed has been publicly noticed.

(3)

Member of the public refers to any person interested in a quasijudicial action, including, but not limited to, an applicant, an officer or member of a homeowner's association, an officer or member of an environmental, homebuilding/development, or concerned citizen's organization, an official or employee of a governmental entity other than the city, a developer, a property owner, or an interested citizen, or a representative of or attorney for any of the foregoing.

(4)

Quasijudicial refers to a land use, land development, zoning, or building related permit, application or appeal, as set forth below, in which city officials give notice and an opportunity to be heard to certain substantially affected persons, investigate facts, ascertain the existence of facts, hold hearings, weigh evidence, draw conclusions from the facts, and apply the law to the facts, as the basis for their decision.

(5)

Site visit means an inspection of real property subject to an application for any quasijudicial action prior to a public hearing on the application conducted by a city official. The mere act of driving by a site in the daily course of driving to a particular location, such as work or a particular store, which act is not undertaken for the purpose of inspecting a particular parcel of real property is not a site visit for purposes of this section.

(c)

Ex parte communications between city officials and members of the public.

(1)

[When permissible.] A member of the public not otherwise prohibited by statute, charter provision or ordinance may have an ex parte communication with any city official regarding any quasijudicial matter on which action may be taken by the council or board on which the city official serves; provided, that the city official adheres to the disclosure requirements set forth in subsection (c)(3) below.

(2)

[Expert witnesses; consultants.] Except as otherwise provided by statute, charter provision, or ordinance, any city official may have an ex parte communication with any expert witness or consultant regarding any quasijudicial matter on which action may be taken by the council or board on which the city official serves; provided, that the city official adheres to the disclosure requirements set forth in subsection (c)(3) below. Nothing here, however, shall restrict a city official access to city staff or expert witness or consultant retained by the city.

(3)

Disclosure.

a.

All city officials shall disclose the occurrence of all ex parte communications or discussions with a member of the public or an expert witness or consultant involving said city official which relate to the quasijudicial action pending before the council or board on which the city official serves.

b.

Disclosure shall occur by no later than the final public hearing, or if no formal public hearing is held, then any hearing at which the final decision regarding the quasijudicial matter is made. The city official shall disclose the ex parte communication verbally or by memorandum. Any such memorandum disclosing the occurrence of the ex parte communication shall be placed in the official file regarding the pending quasijudicial matter which file shall be maintained in the city clerk's records.

c.

At the time of disclosure, the city official shall identify the person, group, or entity with whom the ex parte communication took place, the substance of the ex parte communication, and any matters discussed which are considered by the city official to be material to said city official's decision in the pending quasijudicial matter.

(d)

Oral or written communications between city staff and city officials. City officials may discuss quasijudicial matters pending before the council or board on which said city official serves with city staff without the requirement to disclose pursuant to subsection (c)(3) above.

(e)

Site visits by city officials. Any city official may conduct a site visit of any property related to a quasijudicial matter pending before the council or board on which the city official serves; provided, that the city official adheres to the disclosure requirements set forth in subsection (c)(3) above. Any disclosure of a site visit pursuant to subsection (c)(3) shall disclose the existence of the site visit, and any information obtained by virtue of the site visit considered by the city official to be material to said official's decision regarding the pending quasijudicial matter.

(f)

Review of mail, correspondence, and written communications by city officials. Any city official may review mail, correspondence, or written communications related to a quasijudicial matter pending before the council or board on which the city official serves. Upon review of the mail, correspondence, or written communication, the document shall be placed in the official file regarding the pending quasijudicial matter and maintained in the city clerk's records.

(g)

City clerk's file. All correspondence, mail, or written communications reviewed by city officials prior to the final hearing on a pending quasijudicial matter shall be placed in the official file regarding said matter and maintained by the city clerk. Said correspondence, mail, or written communications reviewed by city officials prior to the final hearing on a pending quasijudicial matter, or any disclosure memoranda as described in subsection (c)(3)b., shall be available for public inspection. By no later than the final public hearing, or if no formal public hearing is held, then at any hearing at which the final decision regarding the quasijudicial matter is made, the city clerk shall make said correspondence, mail, written communications, or other matters, and any disclosure memoranda placed in the official file, a part of the record. All of the foregoing documents shall be received by the council or board as evidence, with the exception of disclosure memoranda, subject to any objections interposed by participants at the hearing.

(h)

Opportunity to comment upon substance of disclosure. At such time that a disclosure regarding an ex parte communication, receipt of an expert opinion, site visit, or review of mail, correspondence, or other written communication is made a part of the record at a hearing, persons who may have opinions or evidence contrary to those expressed in the ex parte communication, expert opinion, or mail, correspondence, or other written communication, or noted during the site visit, shall be given a reasonable opportunity to refute or respond and provide contrasting information, evidence, or views.

(Ord. No. 2004-14, § 1, 4-27-2004)

(a)

Forfeiture of office. A board, committee, or commission member shall forfeit his or her office if:

(1)

He or she lacks at any time during his or her term any qualifications for the position prescribed by law, the City Charter, or the city's land development regulations;

(2)

He or she violates any express prohibition of the City Charter;

(3)

He or she is convicted of a crime of moral turpitude;

(4)

He or she is in default to the city.

(b)

Suspension. Any board, committee, or commission member shall automatically be suspended and shall not take part in government affairs until the disposition of the case if he or she is indicted for violation of the law or has an information for a crime involving moral turpitude filed against him. If acquitted, all rights and salary due will be restored, and if convicted, the board, committee, or commission member's seat shall become vacant and shall be filled in accordance with the applicable City Code and Charter provisions.

(Ord. No. 2007-05, § 1, 1-24-2007; Ord. No. 2009-01, § 3, 1-20-2009)

A board of adjustment (BOA) is created to conduct hearings on requests for variances relative to height, area and size of structures or size of yards and open spaces only.

(LDC 1997, ch. 1, § 1.12)

The BOA shall consist of not less than five nor more than ten members appointed by the city council. In addition, two alternate members, designating them as such, may be appointed. Such alternate members may act in the temporary absence or disability of any regular member or act when a regular member is otherwise disqualified in a particular case that may be presented to the BOA. The city council, in its discretion, may vote to act as the BOA and exercise all powers and authority as the BOA would otherwise enjoy. Membership shall be further specified as follows:

(1)

Members shall serve for overlapping terms of not less than three years, nor more than five years, or thereafter until their successors are appointed.

(2)

Not more than a minority of the terms of such members shall expire in any one year.

(3)

Any member of the BOA may be removed from office for cause by the council upon written charges and after public hearing.

(4)

Any vacancy occurring during the unexpired term of office of any member shall be filled within 30 days after the vacancy occurs.

(LDC 1997, ch. 1, § 1.12(a))

(a)

The BOA shall elect a chairman and vice-chairman from among its members and shall appoint a secretary who may be an employee of the city council.

(b)

The BOA shall adopt rules for transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

(c)

The BOA shall be held at the call of the chairman and at such times as the BOA may determine.

(LDC 1997, ch. 1, § 1.12(b))

(a)

The BOA shall conduct hearings on requests for variances relative to height, area and size of structures or size of yards and open spaces only.

(b)

Prior to making its decision, the BOA must find:

(1)

That special conditions and circumstances do not result from the actions of the applicant.

(2)

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

(3)

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

(4)

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

(5)

When granting a variance, the BOA shall prescribe appropriate conditions, if applicable, and safeguards in conformity with any enacted ordinance. 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 land development code and shall be punishable.

(6)

The BOA shall prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.

(7)

Under no circumstances shall the BOA 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 land development code 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 granting use variances or use exceptions.

(LDC 1997, ch. 1, § 1.12(c))

For each development application submitted to the city, and each proposed revision to the land development regulations, the appropriate city staff and consultants, as determined by the city manager (the "development review process reviewers or DRP reviewers"), shall submit written reviews of the same upon city manager or designee's request. The purpose of the DRP is to facilitate technical review for all applications for development approval and to gather information for development plans when authorized by this land development code. Any reference throughout the land development code to recommendations or decisions of the DRP reviewers means recommendations or decisions of the DRP reviewers as to their respective areas of review or expertise and not a joint or collegial decision or recommendation. The city manager or designee shall assign review duties to such DRP reviewers the city manager or designee reasonably determines appropriate based on their individual areas of expertise, which may include, but are not limited to, the public works director, city engineer, city attorney, and city planner for each respective application submitted to the city and for each proposed revision to the land development regulations.

(LDC 1997, ch. 1, § 1.13; Ord. No. 2008-35, § 1, 11-7-2008)

(a)

The city manager or designee may hold a meeting of the DRP reviewers to review development applications and proposed revisions to the land development regulations upon at least seven days' prior notice. However, if the city manager or designee reasonably determines it is necessary to hold a meeting of DRP reviewers with less than seven days' prior notice, he or she may do so in his or her sole discretion. The city manager or designee may, within his or her discretion, opt to hold a virtual or electronic review process in lieu of a physical meeting between the DRP reviewers and the applicant or applicant's representative.

(b)

Collegial decisions are not to be reached by the DRP reviewers. No votes are to be taken. Each DRP reviewer is responsible only for his respective area of review or information gathering. No one DRP reviewer can overrule the decision or report made by another DRP reviewer. No official action is to be taken at meetings of DRP reviewers such as approval or denial of proposed development.

(c)

Physical meetings of DRP reviewers shall be open to all interested parties for the review of formal development applications; however, a developer or landowner may request a closed meeting with the DRP reviewers for the purpose of discussing proposed development prior to the formal application for approval.

(LDC 1997, ch. 1, § 1.13(a); Ord. No. 2008-35, § 2, 11-7-2008)

Editor's note— Ord. No. 2008-35, § 2, adopted Nov. 7, 2008, deleted § 86-73, which pertained to membership and organization and derived from LDC 1997, ch. 1, § 1.13(b); and Ord. No. 2006-21, § 20, adopted July 25, 2006.

The health and sanitation commission (HSC) shall provide advice to the city on matters regarding the public health of the city.

(LDC 1997, ch. 1, § 1.14)

The HSC shall hold meetings as deemed necessary.

(LDC 1997, ch. 1, § 1.14(a))

The HSC shall consist of three members appointed by the city council for a period of three years. The members shall serve without compensation but may be reimbursed for expenses incurred in the performance of duty.

(LDC 1997, ch. 1, § 1.14(b))

The parks and recreation commission (PRC) shall assist in the designing and use of all local resources which can be of value to the community recreation system and advise the city council on matters which would contribute to the development of a recreation and parks program for the city.

(LDC 1997, ch. 1, § 1.15)

The PRC shall hold meetings as deemed necessary.

(LDC 1997, ch. 1, § 1.15(a))

The PRC shall consist of as many members as may be deemed necessary by the city council to carry out its objectives. The members shall serve without compensation but may be reimbursed for expenses incurred in the performance of duty.

(LDC 1997, ch. 1, § 1.15(b))

The city planning and zoning commission (commission) is created to review comprehensive planning policies and specific development and applications as required by this land development code and to provide recommendations to the city council on planning and land development related matters.

(LDC 1997, ch. 1, § 1.16)

The commission shall consist of not less than five nor more than seven regular members and two alternate members ("members") appointed by, and serving at the pleasure of, the city council. The alternate planning and zoning commission members shall serve in place of an absent regular planning and zoning commission member. Members shall be qualified electors residing in the city. Membership shall be further specified as follows:

(1)

Members shall be appointed for three-year terms. A member whose term expires may continue to serve until a replacement is appointed.

(2)

The members of the commission shall hold office as indicated above until the first Tuesday in January of the year such member's term expires.

(3)

Members may be removed by the city council by which they were appointed, for cause, after written notice and a public hearing.

(4)

If any regular member or alternate member, if applicable, fails to attend two of three consecutive meetings without cause and without prior approval of the chairman, the commission shall declare the position vacant and request a replacement be appointed by the city council. The city council may appoint an alternate member as such replacement.

(5)

When a vacancy occurs prior to the expiration of a term, the city council shall appoint a member to fill the vacancy for the duration of the term within 30 days after the vacancy occurs.

(6)

No member of the commission shall be an elected official of the city.

(LDC 1997, ch. 1, § 1.16(a); Ord. No. 2008-33, § 1, 9-2-2008)

(a)

The commission shall annually elect a chairman and vice-chairman from among its members.

(b)

The commission shall adopt rules of procedure, in accordance with this land development code and applicable law, to carry out its functions and duties.

(c)

The commission shall meet on the first Monday of each month, unless canceled by the commission or its chairman, and at such additional times as requested by the chairman or city council. In any month where the second Tuesday of the month immediately follows the first Monday of the month, then any items considered by the commission that need to be considered by the city council shall be heard by the city council at its second meeting of such month.

(d)

A quorum shall consist of three members.

(e)

The city shall provide a recording secretary to keep minutes of the commission's meetings.

(f)

Members of the commission shall receive an annual stipend in the total amount of $900.00, which shall be paid in equal monthly installments; provided, however, that the commission member attends the regular planning and zoning commission meeting for that specific month. If city staff cancels such regular meeting of the planning and zoning commission after the commission packets have been distributed to members, each planning and zoning commission member shall receive his or her monthly compensation for that month. If, however, city staff cancels the regular meeting of the planning and zoning commission prior to distribution of packets, the members shall not receive the monthly compensation for that month.

(LDC 1997, ch. 1, § 1.16(b); Ord. No. 2003-10, § 1, 9-23-2003; Ord. No. 2007-07, § 1, 2-20-2007; Ord. No. 2017-22, § 1, 11-21-2017)

(a)

The commission shall obtain and review information necessary to prepare and amend the comprehensive plan, land development code of the city, and the official zoning map of the city.

(b)

The commission shall monitor the operation and effectiveness of the comprehensive plan and this land development code, and recommend amendments to the city council.

(c)

The commission shall conduct public hearings and perform other duties as required by this land development code.

(LDC 1997, ch. 1, § 1.16(c))

This division is enacted pursuant to, and in accordance with, provisions of F.S. ch. 163 (Local Government Comprehensive Planning and Land Development Regulation), or as amended.

(LDC 1997, ch. 1, § 1.18(a))

Pursuant to, and in accordance with, F.S. § 163.3174, or as amended, the city council is hereby designated and established as the local planning agency for the incorporated territory of the city. Additionally, the local planning agency shall include one representative of the Lake County School District appointed by the Lake County School Board.

(LDC 1997, ch. 1, § 1.18(b); Ord. No. 2003-06, § 1, 4-22-2003)

The local planning agency shall consist of the five elected officials of the city council together with the appointed representative of the Lake County School District. The appointed Lake County School District representative shall not be a voting member of the local planning agency and shall serve at the pleasure of the Lake County School Board. The terms of the elected members of the local planning agency shall run concurrently with their terms as councilmembers. The officers of the local planning agency shall be the same officers as the city councilmembers.

(LDC 1997, ch. 1, § 1.18(c); Ord. No. 2003-06, § 2, 4-22-2003)

The local planning agency shall follow the same rules of procedures as the city council and may adopt any additional rules of procedures they may deem necessary and expedient when sitting as the local planning agency.

(LDC 1997, ch. 1, § 1.18(d))

All meetings of the local planning agency shall be public meetings and all agency records shall be public records. The local planning agency shall encourage public participation.

(LDC 1997, ch. 1, § 1.18(e))

The local planning agency, in accordance with the fiscal practices thereof, has the authority to expend all sums as appropriated and other sums made available for use from fees, gifts, state or federal grants, state and federal loans, and other sources; provided, however, that acceptance of loans must be approved by the city council.

(LDC 1997, ch. 1, § 1.18(f))

The city council, sitting as the city council, as well as sitting as the local planning agency, is hereby authorized to provide financial support for the staffing and work of the agency, and may provide for the financial support and staffing as they may deem necessary and expedient.

(LDC 1997, ch. 1, § 1.18(g))

The local planning agency may designate any agency, committee, department or person to prepare the comprehensive plan or any element thereof, but the final responsibility for the recommendation of the adoption of the plan shall be the responsibility of the local planning agency.

(LDC 1997, ch. 1, § 1.18(h))

The local planning agency, in accordance with F.S. ch. 163, or as amended, shall:

(1)

Conduct the comprehensive planning program and prepare the comprehensive plan or elements or portions thereof for the city.

(2)

Coordinate the comprehensive plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the state.

(3)

Recommend such comprehensive plan or elements or portions thereof to the city council for adoption.

(4)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the city council such changes in the comprehensive plan as may be required from time to time.

(LDC 1997, ch. 1, § 1.18(i))