The definitions and rules of construction in section 1-2 apply to this division.

Cross reference— Definitions generally, § 1-2.

The purpose of this division is to establish procedures to ensure that no development will be permitted unless the infrastructure necessary to support the development is in place or will be in place concurrent with the demands created by such development.

(Code 1994, § 30-1001)

This division shall apply to any final permit for land development activity issued by the village, except any:

(1)

Addition to a single-family dwelling;

(2)

Addition, expansion or improvement to any other structure or use where such addition, expansion or improvement can be shown to have no net increase in the demand for infrastructure;

(3)

Replacement of a structure or use by a similar structure or use where such replacement can be shown to have no net increase in the demand for infrastructure;

(4)

Change of use which reduces demand for all infrastructure facilities, even if the infrastructure serving the former use or activity was over capacity;

(5)

Low or moderate income housing development;

(6)

Public infrastructure facility; or

(7)

Vested project.

(Code 1994, § 30-1003)

(a)

A map entitled the infrastructure deficiency map is hereby adopted and incorporated in this division by reference. Such map shows all areas of the village served by infrastructure which do not meet level of service standards established by the adopted comprehensive plan of the village. The two zones shown on the map describe areas where all development and residential development subject to review under this division shall be prohibited. The map shall be effective until September 30, 1991.

(b)

In April of each year, the village manager shall evaluate the latest available information on the capacity of all infrastructure serving the village and shall identify the areas served by infrastructure which do not meet level of service standards established in the adopted comprehensive plan. The village manager shall transmit a preliminary map to the village council showing the areas so identified. The preliminary map shall be based on an evaluation of the total capacity of each relevant facility component and the total actual demand placed on such facility. Total capacity of the facility shall include existing capacity, as well as additional capacity from planned infrastructure improvement projects, subject to the limitations of F.A.C. 9J-5.0055(2)(a)—(c). Total demand shall include actual current use, as well as the potential use of projects which have not been developed, but which are considered as vested projects.

(c)

In identifying such areas on the map, areas with deficiencies only in park facilities shall be designated for prohibition of residential development and areas with deficiencies in any other infrastructure facilities shall be designated for prohibition of all development.

(d)

In reviewing the proposed operating and capital budget for the village, the village council shall consider what improvements may be necessary to minimize or eliminate from the map areas which are served by substandard facilities. At the time of adoption of the annual operating budget and capital budget, but not later than September 30 of each year, the village council shall adopt a revised infrastructure deficiency map which will be effective from October 1 of that year until September 30 of the following year. The map may be reviewed more frequently upon a finding by the village council that there is reason to suspect that areas shown as having adequate levels of service do not have such adequate levels of service and/or that areas shown as having inadequate levels of service in fact are not deficient.

(e)

No final permit for land development activity may be issued if the area within which the activity is proposed is shown as deficient on the infrastructure deficiency map. Notwithstanding such restriction, a permit may be issued, subject to the condition that there will be no occupancy of any structure or area served by the deficient infrastructure until such time as the deficiency is removed. Any such condition shall be incorporated in a development agreement subject to the provisions of F.S. § 163.3220 et seq., and shall require approval by the village council. Such conditional approval shall identify the specific facilities which are deficient and the specific actions which must be taken before the development may be occupied.

(f)

If the project is vested, a permit may be issued only for the uses and intensities established under the provisions of the previously issued permits and then only while the project retains its status as a vested project.

(Code 1994, § 30-1004)

Where the applicant for a permit which is denied under the provisions of this division feels that the denial results in a deprivation of the reasonable beneficial use of the land in question, the applicant may, within 30 days of the denial, apply to the village council for a variance. If issued, such variance shall limit development to the minimum necessary to create a reasonable and beneficial use, notwithstanding that a higher or more intense use may be otherwise established under the comprehensive plan or the applicable land development regulations.

(Code 1994, § 30-1005)

These provisions are intended to regulate permitted construction to promote maximum safety of aircraft arriving and departing from the publicly owned airports within proximity to the village; to promote the maximum safety of residents and property in areas surrounding the county's airports; to promote the full utility of the county's airports; to provide structure height standards for airport hazards and uses within airport primary, horizontal, conical, approach and transitional surfaces so as to encourage and promote compatible development of land beneath said areas; and to provide administrative procedures for the efficient and uniform regulation of all development proposals within said zones.

(Ord. No. 2018-10, § 2, 6-14-2018)