2.08.01

General; grant of power.

It shall be within the powers of the Orange Park town council to adopt zoning regulations for the incorporated area of Orange Park, Florida, and to divide such territory into districts or zones, and to regulate and restrict the uses of lands, water, buildings and other structures for trade, industry, residence or other purposes within the districts or zones, and to regulate and restrict the construction, reconstruction, erection, alteration, repair, height, number of stories, size and location and use of buildings and other structures within the districts or zones, and to regulate and restrict the area, dimensions and size of lots or tracts of land or yards, and the percentage and portion of lots that may be occupied in connection with the construction and location of buildings or other structures within the districts or zones.

2.08.02

Appropriation.

It shall be within the powers of the Orange Park town council to appropriate and pay out of the general fund of the town, annually, such moneys as in the judgment of the council may be necessary for the purpose of defraying the expense of zoning the town, and operating and administering the provisions of this act and all ordinances adopted hereunder.

2.08.03

Appointment of zoning officials and employees.

It shall be within the powers of the town manager or the manager's designee to appoint an economic and community development department director and such other town employees as the council may deem necessary in order to enforce and administer the provisions of this act and any order or resolution made under authority hereof.

2.08.04

Powers and duties of economic and community development department director.

2.08.04.01

Right of Entry. The economic and community development department director shall enforce the provisions of this article, and he or his duly authorized representative, may enter any building, structure, or premises to perform any duty imposed upon him by this article.

2.08.04.02

Records. The economic and community development department director shall keep comprehensive records of applications, permits and certificates issued, complaints filed, inspections made and notices on orders issued. He shall retain on file copies of required drawings and all related legal documents.

2.08.04.03

Changes in district boundaries of the zoning atlas. If in accordance with the provisions of the zoning ordinance, changes are made in district boundaries or other matter portrayed on the official zoning atlas, such changes shall be made on the official zoning map promptly after the amending ordinance has been legally approved by the town council, together with an entry on the official zoning map as follows: "On (date) by official action of the town council, the following (change) changes were made on the official zoning atlas: (brief description of nature of change)," which entry shall be signed by the mayor and attested by the town clerk.

2.08.05

Planning and zoning board; establishment and procedure.

2.08.05.01

It shall be within the powers of the Orange Park town council to appoint a planning and zoning board, consisting of five members, each of whom shall reside in and be qualified voters of the town and shall hold no office of profit under the town government. Members where practical, shall include a representative from the various geographic areas of the town.

2.08.05.02

Members of the planning and zoning board shall serve three-year terms so staggered that the terms expire in accordance with provisions of the charter. Any vacancy in the membership shall be filled for the unexpired term within 60 days, in the same manner as the initial appointment. A member of the planning and zoning board may be removed from office for cause by the affirmative vote of 80 percent of the entire town council; provided, that upon his request, the member so affected shall have the right to written charges and a public hearing before the council prior to such removal.

2.08.05.03

The planning and zoning board shall adopt rules of procedure for the governance of its proceedings and the conduct of its business and may adopt such other rules relating to its internal administration as may be necessary. Such rules shall include the following:

(a)

Officers and voting. Within 30 days of full appointment, the planning and zoning board shall select a new chairman and a new vice-chairman from among its members and may create such other officers as it may determine, with all such officers serving a term of one year unless removed from the office or zoning board for due cause. All members of the zoning board shall vote in all matters before the board, except where absent or disqualified. Vote shall be recorded by a roll call vote.

(b)

Minutes, public records. The economic and community development department director, or a person designated by him, shall serve as the planning and zoning board secretary, keep minutes of all its meetings and record its actions and decisions; make a timely report of all planning and zoning board actions to the town council.

(c)

Meetings. Regular meetings shall be held on the second Thursday of each month and at such other times as the economic and community development department director may determine. All meetings shall be open to the public and shall be held in governmentally owned or leased premises.

(d)

Quorum. A majority of the board shall constitute a quorum for the purpose of meetings and transacting business.

(e)

Disqualification of board members. If any member of the planning and zoning board shall find that his private or personal interests are involved in any particular matter coming before the board, he shall disqualify himself from all participation in that case; or he may be disqualified by the votes of three members of the board, not including the members about whom the question of disqualification in the particular matter is raised.

2.08.06

Planning and zoning board functions; powers and duties.

2.08.06.01

The functions, powers and duties of the zoning board shall be, in general:

(a)

To serve in an advisory capacity to the Orange Park town council on all matters relating to the zoning of land. In this capacity the board shall study and make recommendations as to the following:

(1)

Hearings pertaining to the issuance of permits;

(2)

Reviewing petitions or proposals to change the zoning status on any premises;

(3)

Recommending changes in zoning classifications;

(4)

Recommending amendments to this ordinance;

(5)

Recommending square foot requirements in any zoning district, block, or area;

(6)

Making recommendations in case of error or on the official zoning atlas.

(b)

To serve as an appeals and adjustment board on matters relating to the following items:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by the economic and community development department director in the enforcement of this article.

(2)

Grant zoning conditional uses as provided in section 2.08.14.

(3)

Grant zoning variances as provided in section 2.08.14.

(c)

To serve as a Design Review Board for the Town relating to the following:

(1)

New and newly sited single- and two-family dwellings as provided in Section 2.05.19.

(2)

Garage and carport additions to single- and two-family dwellings as provided in Section 2.05.19.

(3)

Accessory structures to single- and two-family dwellings as provided in Sections 2.05.21 and 2.05.21.01.

2.08.07

Notice of public hearings.

2.08.07.01

Actual notice. Notice of a time and place of any required public hearing with respect to the rezoning of land, zoning conditional uses, zoning variance or appeals shall be given by the economic and community development department at least 15 [days] or as otherwise required by law, in advance of any such hearings by the town council, and at least 15 days in advance of such hearings by the planning and zoning board, via United States mail or hand delivery to all owners of real property within 300 feet of the boundaries of the land upon which rezoning, conditional use, variance or appeal is requested, together with identical notice to the owner of the land for which rezoning or other action is proposed as provided by F.S. § 166.041.

2.08.07.02

Published Notice. Notice of any public hearing shall be published twice in a newspaper of local general circulation with the first such publication at least 15 days prior to the date of hearing by the planning and zoning board, and at least 15 days prior to the date of hearing by the town council; and the second publication to be at least five days prior to the date of hearing both before the planning and zoning board and the town council, pursuant to F.S. § 166.041. Such published notice shall be in the form prescribed by F.S. § 166.041, and placed by the economic and community development department director. Affidavit proof of the required publication of the notice shall be presented at the hearing.

2.08.07.03

Signs required.

(a)

The economic and community development department director shall cause a sign or signs to be posted on any land upon which an application for rezoning is made not less than 15 days in advance of the public hearing by the planning and zoning board and 15 days in advance of the public hearing by the town council at which such application is to be considered. Such signs shall be posted on the property by the zoning administration department who shall possess the right to entrance upon said property. Such signs shall be in such form as required by the planning and zoning board and shall be erected in full view of the public on each street side of such land. Where such land does not have frontage on a public street, such signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land for which rezoning is sought. Where such land exceeds two percent of the land area of the entire town and the proposed rezoning has been initiated by the Town instead of upon application of the landowners, such signs shall be in such form as describes or illustrates the parcel, which parcel exceeds two percent as aforesaid, or, as shall be required by the planning and zoning board, and shall be erected in full view of the public on each street side of such land at intervals of not less than 500 feet along the perimeter of the land.

(b)

The zoning administration department shall post a sign in such form as required by the planning and zoning board on the property upon which a request is made for a conditional use or variance, such sign shall be posted not less than 15 days in advance of the public hearing by the planning and zoning board and 15 days prior to the date of the public hearing by the town council before the public on a street side of the land involved and shall be maintained by the zoning administration department until final determination has been made by the planning and zoning board on the conditional use or variance.

(c)

Affidavit of the posting of signs required herein shall be presented at the hearings.

2.08.08

Postponement of public hearings.

Whenever a public hearing date has been scheduled in accordance with the provisions of this article by the planning and zoning board or town council, it will take the majority vote of the appropriate governing body (planning and zoning board or town council) to alter such a date.

2.08.09

Notice of Design Review Board hearings.

Notice of the time and place of any required public meeting with respect to the review of an application before the Design Review Board shall be given by the Economic and Community Development Department at least ten (10) days in advance of any such hearing(s) by the Design Review Board, via United States mail or hand delivery to all owners of real property within three hundred (300) feet of the boundaries of the land upon which the property subject to the design review is requested, together with identical notice to the owner of the land for which the design review is proposed.

2.08.10

Concurrent applications.

An application for the rezoning of land and for a conditional use and/or variance on all or part of the same land may be made concurrently. In such cases the application for a conditional use and/or variance shall be held in abeyance by the planning and zoning board until action has been taken by the town council on the application for the rezoning of such land.

2.08.11

Time periods procedural.

All time periods provided for in this section are procedural and not substantive and noncompliance with any time period shall neither confer nor deny any substantive right to any applicant for a conditional use, variance, appeal or a rezoning of property.

2.08.12

Amendment of land use and rezoning applications.

If an amendment to an application for the rezoning of land or an amendment to an application for a change to the future land use element of the town's comprehensive plan is filed, then the amended application shall be presented to both the planning and zoning board and the town council at public hearings after those hearings are noticed pursuant to the provisions contained in section 2.08.07. If the amended application is an application for a rezoning to planned unit development (PUD), then the applicant shall pay a $500.00 fee in addition to the fees paid upon the filing of the original application.

2.08.13

Schedule of fees.

The following schedule of fees shall apply to action under this article and shall apply to amendments to the town's comprehensive plan. A receipt showing payment of the applicable fee shall accompany an application prior to consideration thereof.

(a)

An application for rezoning of land: .....$750.00

(b)

An application for conditional use: .....

(1)

Residential: .....250.00

(2)

Nonresidential: .....500.00

(c)

An application for zoning variance: .....

(1)

Residential: .....250.00

(2)

Nonresidential: .....500.00

(d)

An application for an appeal .....500.00

(e)

An application for rezoning to planned unit development (PUD) .....2,000.00

(f)

An application for an amendment to the future land use element of the town's comprehensive plan element of the Town's Comprehensive Plan .....1,500.00

2.08.14

Conditional uses, variances and appeals.

2.08.14.01

Conditional Uses.

(a)

In general. In the granting of conditional uses the planning and zoning board may provide such conditions and safeguards as may be appropriate and in harmony with the purpose and intent of this article. (See section 2.02.01.50.)

(b)

Written application. All applications for a conditional use under this article shall be in writing in such form as may be prescribed by the planning and zoning board.

(c)

Public hearing. Unless a longer time shall be agreed upon by the applicant and the planning and zoning board in the particular case, a public hearing shall be held by the planning and zoning board to consider any application for a conditional use at the next regularly scheduled meeting subsequent to the date of filing of the completed application. Notice of public hearing shall be made as provided in 2.08.07.01 and any party shall be heard in person or by agent or attorney.

(d)

Violations of conditional uses. The violation of the terms of a conditional use, including any conditions and safeguards which may be made a part thereof shall be deemed a violation of this article and punishable as provided in this article.

2.08.14.02

Zoning variances.

(a)

Requirements for grant of variance. The planning and zoning board may grant a variance from the terms of the zoning ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance, the applicant must show and the board must find:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of land, building;

(6)

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

In passing upon a request for variance, the board shall not consider prospective financial loss or gain to the owner or applicant, nor shall the board by variance permit to be established or carried on in any use district an activity, business, or operation which is not otherwise allowed in such district by a specific provision of this ordinance (see section 2.02.01.130).

(b)

Written applications. All applications for a variance (other than an application for an administrative variance as provided in 2.08.14.021) shall be in writing in such form as may be prescribed by the town manager.

(c)

Public hearing. Unless a longer time shall be agreed upon by the applicant and the planning and zoning board in the particular case, a public hearing shall be held by the planning and zoning board to consider any application for a zoning variance at the next regularly scheduled meeting subsequent to the date of filing of the completed application. Notice of public hearing shall be made as provided in 2.08.07, 2.08.07.01, and any party shall be heard in person or by an agent or attorney.

(d)

Violation of variances. The violations of the terms of a variance, including any conditions and safeguards which may be made a part thereof shall be deemed a violation of this article and punishable as provided in this article.

2.08.14.021

Administrative variances.

(a)

The town manager or the manager's designee may grant a variance for minor relief from the building setbacks outlined in the land development regulations for instances that are not contrary to the public interest and will not place an undue adverse impact upon the general public. Solely for existing structures, not new primary structure construction, the town manager or the manager's designee may grant up to two feet of relief from the required building setbacks if the following conditions are met:

1)

The resulting variance will protect existing trees that are at least 12 inches DBH; or

2)

The resulting variance will allow for improvements to existing structures that were constructed prior to 1975 that do not increase the nonconformity but align with the existing structure or the resulting variance is the result in an error in structure placement which occurred when the structure was built at least ten years ago.

3)

All property owners who share a property line with the subject property sign an affidavit, in a form approved by the town manager, supporting the granting of the requested variance and said affidavits are attached to the application submitted pursuant to subsection (b) below.

Any variance granted by the town manager or the manager's designee must not change the approved land use including number of units and non-residential floor area and all driveways and streets are to remain in the same general location. Any applicants who seek relief from the building setbacks outlined in the land development regulations greater than two feet or contrary to the three conditions outlined above shall have to adhere to the procedures outlined in section 2.08.14.02.

(b)

All applications for an administrative variance shall be in writing in such form as may be prescribed by the town manager. If an application does not include completed affidavits from all property owners who share a property line with the subject property as provided above, then the application shall be deemed incomplete and shall not be accepted by the town manager or the manager's designee. If an applicant is unable to qualify for an administrative variance, then the applicant may apply for a zoning variance pursuant to the procedures outlined in Section 02.08.14.02.

2.08.14.03

Appeals; review of ECDD director decision by planning and zoning board.

(a)

In general. An appeal as provided in section 2.08.06.01(b)(1) may be taken by any person aggrieved or by any officer, board or bureau of the governing body affected by administrative official or official body in the administration or enforcement of this article. Such appeal shall be taken within 30 days of the date of the action which is the subject of such appeal by filing with the official from whom the appeal is taken and with the town clerk a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board all the documents, plans, papers or the materials constituting the record upon which the action appealed from was taken.

(b)

Notice. A notice of appeal shall be filed on the forms established and provided by the planning and zoning board and shall include all pertinent information required thereon.

(c)

Hearing. The planning and zoning board shall within 15 days after receipt of such notice of appeal set a reasonable time for hearing thereon and shall give notice of the time and place of the hearing to the applicant and the economic and community development department director and shall give due public notice as provided in section 2.08.07.

(d)

Stay of proceedings. An appeal stays all work on the premises and all administrative proceedings in furtherance of the action appealed until such time as a final determination has been made by the planning and zoning board on such appeal, unless the official from whom the appeal was taken shall certify to the board that, by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board or a court of record on application, on notice to the official from whom the appeal is taken and on due cause shown.

2.08.14.04

Procedures for hearings for conditional uses, zoning variances and appeals.

(a)

Scope. The planning and zoning board shall make rules for the conduct of hearings related to the granting of conditional uses, zoning variances, and appeals which shall include at least the right of any party to:

(1)

Present his case or defense by oral and documentary evidence;

(2)

Submit rebuttal evidence, and conduct such cross-examination as may be required for a full and true disclosure of the facts;

(3)

Submit proposed findings and conclusions and supporting reasons therefor;

(4)

Make offers of compromise or proposals of adjustment;

(5)

Be accompanied, represented and advised by counsel or represent himself;

(6)

Be promptly notified of any action taken on any request for a zoning exception, request for a conditional use, or appeal of any action of the planning and zoning board affecting substantive or procedural rights taken in connection with any proceedings.

(b)

Evidence. The planning and zoning board shall receive that which could be admissible in civil proceedings in the courts of this state, but in receiving evidence due regard shall be given to the technical and highly complicated subject matter which must be handled and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, however, effect shall be given to rules of evidence recognized by the law of Florida.

(c)

Record. The planning and zoning board shall promulgate appropriate rules and regulations provided for the establishment and maintenance of a record of all requests for conditional uses, zoning variances, and appeals considered by it. A verbatim transcript of the record is not required but the planning and zoning board shall establish such record in a sufficient degree to disclose the factual basis for its final determination with respect to such requests and appeals. The planning and zoning board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of all its official actions.

(d)

Orders. A final order on each request for a conditional use or zoning variance and each appeal shall be made within 30 calendar days of the last hearing at which such request or appeal was considered. Each final order shall contain findings upon which the board's order is based, and may include such conditions and safeguards as prescribed by the planning and zoning board as are appropriate in the matter including reasonable time limits within which action pursuant to such order shall be begun or completed or both. The originals of the application and all orders of the planning and zoning board and one copy of the final order shall be furnished to the economic and community development department director and to the applicant.

2.08.14.05

Limitations on conditional uses and variances.

Conditional uses and variances shall be nontransferable and granted to the applicant only and the conditional use or variance shall be commenced within a period of 90 days from the effective date of the final order granting same; provided, however, that the planning and zoning board may adopt the following conditions to any conditional use or variance.

(a)

That the conditional use or variance will be transferable and run with the land when the facts involved warrant same or where construction or land development is included as part of the conditional use or variance.

(b)

The time within which the conditional use or variance shall be commenced may be extended for an additional period of time no longer than 90 days. Failure to exercise the conditional use or variance by commencement of the use or action approved thereby within six months, shall render the conditional use or variance invalid and all rights granted thereunder shall terminate. Transfer of the property by the applicant, unless the conditional use or variance runs with the land, shall terminate the conditional use or variance.

(c)

Whenever the planning and zoning board has denied an application for a conditional use or variance no further application shall be filed for the same conditional use or variance on any part or all of the same property for a period of one year from the date of such action.

(d)

The time limits of subsection 2.08.14.05(b) and (c) may be waived by the affirmative votes of a majority of the planning and zoning board when such action is deemed necessary to prevent injustice or to facilitate the proper development of the town.

2.08.14.06

Review of planning and zoning board decisions by town council. Decisions of the planning and zoning board in the granting of appeals, conditional use or variances shall be subject to review by the Orange Park Town Council on appeal.

(a)

An appeal may be taken by any person aggrieved or by any officer, board or bureau of the governing body affected by the decision of the planning and zoning board provided such appeal is filed with the town clerk within 30 days of the date of the action which is the subject of such appeal.

(b)

A notice of appeal shall be filed on the forms established and provided by the town clerk and shall include all pertinent information required thereon.

(c)

An appeal to the town council shall stay all work on the premises and all administrative proceedings in furtherance of the action appealed until such time as a final determination has been made by the town council on such appeal, unless the official from whom the appeal was taken shall certify to the council; that, by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the council or a court of record on application, on notice to the official from whom the appeal is taken and on due cause shown.

(d)

The town council shall within 15 days after receipt of such notice of appeal set a reasonable time limit for public hearing in the manner prescribed in section 2.08.14, and with due public notice as prescribed in section 2.08.07.

(e)

The town council shall find whether in its opinion error was made, and within the terms of this section, affirm, reverse or modify the action appealed as it deems just and equitable.

(f)

Any person or persons, jointly or severally, aggrieved by the decision of the town council may apply to the circuit court for judicial relief within 30 days after rendition of the decision by the town council. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant.

2.08.15

Amendment of article II and rezoning of land.

2.08.15.01

General. This article may from time to time be amended, supplemented, changed or appealed and the zoning map may from time to time be revised by the rezoning of land as provided in this article.

2.08.15.02

Initiation of proposals.

(a)

Rezoning. An ordinance for the rezoning of land may be proposed by the Orange Park town council, the planning and zoning board or by application of the owners of 51 percent or more of the area involved in the proposed change. In the latter case, the petitioners may be required to assume the cost of public notice and other costs incidental to the holding of public hearings. Said owners of subject property may authorize in writing that attorney or duly authorized agent of owners may sign petition for rezoning.

(b)

Other amendments. An amendment to this article may be proposed for adoption by the Orange Park town council, the planning and zoning board or by application of the owners of 51 percent or more of the area involved in the proposed change. In the latter case, the petitioners may be required to assume the cost of public notice and other costs incidental to the holding of public hearings. All proposals shall be submitted in writing accompanied by all pertinent information which may be required by town council for proper consideration of the matter.

2.08.15.03

Public hearing. A public hearing shall be held by the planning and zoning board to consider a proposal for an amendment to article II or for rezoning of land. Notice of such public hearing shall be made as provided in section 2.08.07 and any party shall be heard in person or by agent or attorney.

2.08.15.04

Nature and requirements of planning and zoning board report. The report and recommendations to the town council as required by subsection 2.08.15.05 hereof, shall show that the planning and zoning board has studied and considered:

(a)

The need and justification for the change; and

(b)

The relationship of the proposed amendment or rezoning to the town's general planning program and such comprehensive plans as may from time to time be adopted by the town council.

2.08.15.05

Planning and zoning board report to town council. Unless a longer time be mutually agreed upon by the town council and the planning and zoning board, in the particular case, the planning and zoning board shall submit its report and recommendation to the town council no later than within 45 days from the date the board held a public hearing on a proposed amendment and/or application for rezoning. For purposes of this subsection, the adopted minutes of the planning and zoning board shall constitute the board's report to the town council.

Failure of the planning and zoning board to submit a report within the prescribed time shall be deemed to be a recommendation for approval of the amendment or application for rezoning. The report and recommendation of the planning and zoning board shall be advisory only and shall not be construed to be binding upon the town council.

If the report and recommendation of the planning and zoning board is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the town council, after due public notice as provided in section 2.08.07.

2.08.15.06

Limitations on rezoning of land.

(a)

No ordinance to rezone land shall contain conditions, limitations or requirements not applicable to all other land in the zoning district to which the particular land is rezoned, except as provided in section 2.04.12, "planned unit development."

(b)

Whenever the town council has, by ordinance, changed the zoning classification of land, the planning and zoning board shall not then consider any application for rezoning of any part or all of the same land for a period of one year from the effective date of such ordinance.

(c)

Whenever the town council has denied an application for the rezoning of land, no further application shall be filed for the same rezoning of any part, or all of the same land for a period of one year from the date of such action. In the event that two or more applications for the same rezoning for any part or all of the same land has been denied, no further application shall be filed for the same rezoning of any part or all the same land for a period of two years from the date of such action denying the last application filed.

(d)

Whenever an application for rezoning, conditional use or variance shall have been withdrawn by or at the direction of the applicant at any time prior to denial or approval or prior to final disposition of any appeal taken therefrom, no further application shall be filed for the same rezoning, conditional use or variance of any part or all of the same land for a period of 12 months from the date of such withdrawal.

2.08.15.07

Town council action and appeals. Except in cases where an application for rezoning, conditional use or variance has been withdrawn by the owner or the owner's agent, upon receipt of the report of the planning and zoning board required by section 2.08.15.05, the town council shall set the matter for public hearing in the manner prescribed in section 2.08.07.01. At the conclusion of the public hearing, the town council shall either deny the proposed amendment or rezoning, or by ordinance adopt such amendment or rezoning.

Any amendment to article II or rezoning of land established by ordinance by the town council shall be subject to appeal to the circuit court within 30 days of the date of the council action which is subject to appeal by any person aggrieved by such action.

2.08.16

Building permits.

2.08.16.01

Building permit application.

(a)

Accompanying plans and documents. All applications for a building permit in addition to the other requirements in this ordinance shall submit the following:

(1)

Duplicate prints or drawings at an adequate scale of the building or buildings and structures to be built upon the lot, showing plumbing and electrical layout;

(2)

A site plan in duplicate at an adequate scale, showing the actual dimensions and shape of the lot to be built upon, the location of the building or buildings on the property, the location of waste collection areas (see section 2.05.17), the layout of the trees, elevations and drainage ways and off-street parking or loading spaces as required under the provisions of this ordinance showing access and maneuvering space.

(b)

Application for building, electrical, mechanical and plumbing permits.

(1)

The application for a building permit shall be made by the owner or lessee, or agent or either, or the architect, engineer or builder employed in connection with the proposed work.

(2)

The electrical contractor or person responsible for performing electrical work shall make application for the electrical permit, certifying that installation shall be made in accordance with prints or drawings specified in subsection 2.08.16.01(a) and shall also furnish such other information as may be required in order to determine permit fee to be assessed.

(3)

The plumbing contractor or person responsible for performing plumbing installation shall make application for a permit, certifying that installation will be in accordance with prints or drawings specified in 2.08.16.01(a) and shall also furnish such other information as may be required in order to be assessed. The mechanical contractor or person responsible for performing mechanical installation shall make application for a permit, certifying that installation will be accordance with the prints or drawings specified under subsection 2.08.16.01(a) and shall also furnish such other information as may be required in order to determine permit fee to be assessed.

(c)

Additional requirements. All permits shall be issued and work shall be performed in compliance with requirements set forth in the Florida Building Code.

(1)

Florida Building Code;

(2)

Standard Mechanical Code;

(3)

Standard Plumbing Code;

(4)

National Electrical Code.

2.08.16.02

Duties of administrative officer.

(a)

Issuance of permits. It shall be the duty of the administrative officer upon receiving application for permits, provided for herein, to examine same within a reasonable time after filing, normally 30 days, not to exceed 45 days. If after examination he finds no objections to same, and it appears that the proposed work will be in compliance with any and all rules and regulations made by this ordinance hereunder and, the proposed construction will be safe, he shall approve such application. Thereafter, permits shall be issued and one copy of the plans returned to the applicant marked as approved and attested by his signature. If his examination, reveals otherwise, he shall reject such application, noting his findings in a report to be attached to the application and disapproved plans and deliver a copy of such report to the applicant. Nothing in this section shall be construed to prevent the administrative officer, upon examining such application, from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statement of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with the act or acts relating thereto.

(b)

Inspection.

(1)

It shall be the duty of the economic and community development department director to inspect and determine that building or buildings are located on lots in accordance with site plan submitted with application.

(2)

Electrical, mechanical and plumbing installations shall require two inspections. The first inspection will be considered the "rough-in" inspection, and shall be made on plumbing and sewer lines, electrical wiring and outlets, AC duct and control circuits, while exposed for visual inspection, including all work that will be concealed in floors, walls, and ceilings.

(3)

The second inspection will be considered the final inspection and will be made when plumbing fixtures have been installed, electrical work completed and ready for service connection by the utility company and mechanical equipment installation completed.

(4)

When the administrative officer has made the final inspection on electrical installation, and it appears that such installation has made in accordance with rules and regulations of the zoning ordinance, he shall forthwith notify the electric utility company that installation is ready for service connection.

(5)

Every effort will be made to develop a schedule as to the time the administrative officer will be available in the various sections of the town, in order to avoid delays in construction.

(6)

The building inspector shall record the time and date of each and every inspection on his department's copy of each permit issued.

2.08.16.[0]3

Permit fees.

(a)

No permits as herein provided shall be issued until the appropriate permit fee shall have been paid to the town of Orange Park. The fee charged by the Town of Orange Park for building, electrical, mechanical and plumbing permits shall be consistent with fees recommended in the various codes or separately established by the town.

(b)

If after completion it is determined by the person issuing said permit that the cost or description of the work is more than was shown on the permit, then the permit shall be corrected accordingly and any additional fees paid thereon. All fees shall be put into the general fund of the Town of Orange Park.

2.08.16.[0]4

Posting of permits. A copy of all permits shall be kept on the premises open to the public inspection during the prosecuting of the work and until the completion of same, and final inspection made.

The administrative officer may revoke any permit issued in case there has been false statement or misrepresentation as to a material in the application or plans on which the permit was based.

2.08.16.05

Building, electrical, mechanical and plumbing permit expiration.

If the work described in any permit has not begun within 180 days from the date of issuance thereof, said permit shall expire. It shall be canceled by the administrative officer and written notice thereof shall be given to the person affected.

Work described in any building permit shall be considered to be in active progress when the permit has received an approved inspection within 180 days. A permit that has been suspended due to inactivity is eligible to be reactivated if it receives an approved inspection within ten days. The fee to reactivate a permit shall be set forth by the Town Code.

2.08.17

Certificate of occupancy.

No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof until a certificate of occupancy shall have been issued by the economic and community development department director to ensure that the building or land conforms to all the requirements of this article.

2.08.18

Remedies.

The violation of any of the codes, regulations, restrictions and limitations promulgated under the provisions of this act may be restricted by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law, and such suit or action may be instituted and maintained by the Orange Park town council, or by any person, firm, corporation, association or other group or body affected by the violation of any such regulation, restriction or limitation.

2.08.19

Penalties.

Any person, firm, corporation, association or other group or body who shall violate any of the codes, regulations, restrictions, and limitations promulgated under the authority of this act is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $250.00 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.

2.08.20

Liability.

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the Town of Orange Park or the Orange Park planning and zoning board or by any officer or employee thereof of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result thereto.

2.08.21

Saving clause.

If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included herein; or if this ordinance or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.

2.08.22

Interpretation.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the Town of Orange Park.

2.08.23

Conflict with other legal documents.

It is not the intent by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or 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 ordinance shall govern.

2.08.24

Effective date.

This article shall take effect in accordance with the provisions of the town charter.

(Ord. No. 03-19, § 1, 2-5-2019; Ord. No. 16-20, § 1(Exh. A), 10-20-2020; Ord. No. 14-21, § 1, 8-3-2021; Ord. No. 15-21, § 1, 9-7-2021; Ord. No. 01-23, § 1, 1-10-2023)