(a)

Building permit required. A building or other structure may not be erected, demolished, moved, added to, or structurally altered, nor shall any site be cleared or graded, until the administrative official has issued a permit for such work. A building permit shall be granted only after the applicant has submitted all applications, including appropriate supportive information, plans, and fees required by the village, and after the applicant has received any development approvals required by this land development code from the zoning board or village council. Such approvals may include, but are not limited to, the following:

1.

Conditional use permit (see division 3.3).

2.

Site plan approval (see division 3.4).

3.

Variance (see division 3.5).

4.

Official zoning district map amendment (see division 3.6).

5.

Text amendment to the land development code (see division 3.6).

6.

Comprehensive development master plan amendment (see division 3.7).

7.

Plat approval (see article 8).

These land development regulations shall be supplemental to the state building code and no approval shall be granted pursuant to this land development code that is inconsistent with the building code.

(b)

Pre-application conference. A mandatory pre-application conference with the administrative official is required prior to submitting a site plan application or application for conditional use approval. The purpose of the pre-application conference is to provide potential applicants an opportunity to discuss conceptual development and determine applicable public policy and regulatory procedures. A potential applicant may request a pre-application conference to discuss any other development approval and the application requirements and procedures related thereto.

(c)

Application and fee for building permit and development approval. All applications for building permits or any other type of development approval shall be filed with the administrative official, in a form specified by the administrative official and in the number of copies as shall be required by the administrative official. The application shall be accompanied by a fee as is established from time to time by the village council to defray the cost of processing the application, including any fees for cost recovery as provided herein.

1.

All applications shall include the following documents:

a.

One copy of the application signed by the applicant and by the property owner, plus two copies of all necessary supportive construction drawings and documents:

b.

Location map including geographic coordinates at a scale not less than 1″ = 1000′;

c.

Identification of key persons, including, if applicable, owner; owner's authorized agent, if any; architect and engineer; landscape architect; other representatives or professionals involved in the application, if any;

d.

A verified statement disclosing the name of each person having a legal or equitable ownership interest in the subject property. Where the owner is a private corporation or partnership, the name of each person holding an interest in such entity shall be disclosed; where the owner is a publicly held corporation, the stock of which is traded on a nationally recognized stock exchange, the names and addresses of the corporation and principal executive officers shall be disclosed, together with the names any stockholder owning a majority of the stock;

e.

A current certified survey, which accurately depicts site conditions in a manner acceptable to the administrative official, at a scale not less than one inch equals 30 feet, certified by a state registered land surveyor. Where a survey is more than five years old, the owner shall verify by affidavit that the survey is accurate;

f.

Sealed elevation plans showing all four elevations (i.e., north, south, east and west), including heights, distances, and dimensions of both existing and proposed new building conditions;

g.

Sealed floor plans of all existing buildings (cross hatched) with proposed additions. Revisions shall be clouded;

h.

A scaled site plan as required by Division 3.4;

i.

Copies of all applicable past variances, written orders and resolutions applicable to the site;

j.

Copies of permits required by other agencies;

k.

Legal description;

l.

Such other information as required by the administrative official as may be necessary to determine conformance with and provide for the enforcement of the land development code;

m.

In order to assure that proposed developments are developed in compliance with the provisions contained in the land development code, the administrative official shall require proof of land ownership by warranty deed or other instrument approved by the village. The administrative official may require a property owner to file supporting legal instruments as outlined below.

•

Unity of title. A unity of title, or other similar agreement or covenant, may be required to be submitted on a form approved for legal sufficiency by the village attorney, except that such unity of title or other similar agreement or covenant shall not be permitted to join parcels of land separated by a road right-of-way or water body. Non-contiguous properties separated by right-of-way or water bodies shall be considered separate parcels of land for site development purposes and shall meet all requirements of the land development regulations irrespective of the adjoining features. Within multi-family residential and commercial zoning districts, separate parcels created by a covenant in lieu of title shall not be deemed a subdivision of real property subject to the provisions of article VIII of the Land Development Regulations.

•

Maintenance of common areas and facilities. A homeowners' association, or similar association, shall be created for the entire development (total property) as a master association, which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas so long as said associations, or the members thereof, are made members of the master association; or, the property owner shall execute and record among the public records a covenant running with the land for the entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land.

•

Reciprocal rights or cross-easements. Recordable documents may be required to establish reciprocal rights or covenants in cross easements for purposes of facilitating effective provision and maintenance of infrastructure, including water and sewer lines, common parking areas, streets, driveways, entrances, exits, and similar improvements provided for the common benefit pursuant to this land development code.

•

Breach of agreements. The recording of separate mortgages on each phase subsequent to the recording of a unity of title or other similar agreement or covenant shall not be deemed as a breach of the agreement, nor shall sales of individual units in the development.

2.

The administrative official may make a written determination to waive required documents if in his determination they are not necessary to protect the public interest or adjacent properties; or bear no relationship to the proposed project or its impacts on the environment, public facilities or adjacent land uses; or are impractical based on the characteristics of the proposed use.

3.

Each application shall also contain documents as may be required by the specific additional development approval process that applies to the application, pursuant to the relevant sections of this land development code.

4.

Cost recovery. To the extent that any application for review by the village under the village's land development regulations or, except as otherwise specified below, other village code provisions which require review by village contractors, agents or consultants, the actual full costs for such review shall be passed on to the applicant. Costs for the village attorney and/or any outside contractors, agents or consultants of the village shall be charged to the applicant in an amount equal to the actual cost charged to the village. Applicants shall reimburse the village for such costs within five days of receipt of an invoice for such costs. Failure to make such reimbursement when due may stay the pending application until paid. Fees charged to process building permits and other development applications on behalf of the village shall not be affected by this section.

a.

Initial deposit. When deemed appropriate by the administrative official, the applicant shall, at the time a submittal is made, provide an initial preliminary deposit which shall be credited toward the fee charged for application review and processing, and shall pay additional deposits as may be required from time to time.

b.

Deposit amount. The amount of the initial deposit for the different types of review requests shall be established, and from time to time amended, by resolution of the village. It is the express intent of the village in enacting this cost recovery program that the village's costs of administrative and outside fee consultant review and processing of review requests, as required or necessitated now or in the future by the village's ordinances, resolutions, policies, or procedures, shall be borne by the applicant.

c.

Project accounts. When the applicant pays the initial deposit, a financial account for said applicant's review request (the "project account") will be opened and maintained throughout the entire review process until the person receives a certificate of occupancy, the administrative official determines that no further action is necessary for the review and processing of the review request, or the applicant voluntarily withdraws. The project account will be held in a non-interest bearing account. At any of these times the project account will be closed and any remaining funds therein shall be refunded to the applicant depositing same. The project account will be monitored on a periodic basis. Whenever the account balance is zero or negative, a supplemental deposit will be required before any further review or processing continues. Additionally, no project shall be scheduled for village council review unless there are funds in the account. The applicant making the initial deposit will be notified when a supplemental deposit will be required. The amount of the supplemental deposit will be 50 percent of the initial deposit. Several supplemental deposits may be necessary depending on the complexity of the review request.

d.

Records of administrative work performed. The village's outside consultants who are involved in the review and processing of review requests shall maintain records of the time expended and tasks conducted regarding each such request. A debit based upon the time expended and the applicable hourly rate shall be charged against the project account. The applicable hourly rate for review and processing by the village's outside fee consultants shall equal their actual hourly charge for such review and processing. A debit against the project account shall also be made which shall reflect the costs of administering this program, which charge shall be based upon the actual effort involved for such administration.

(d)

Review for completeness. Upon receipt of an application, the administrative official shall have ten working days to determine that the application is complete and, thereafter, accept or reject the application. The administrative official shall notify the applicant in writing of the acceptance or rejection, including written findings of non-completeness if rejected. The administrative official shall not be required to take further action on the application until the deficiencies are remedied. Once the application is determined complete, it shall be reviewed in accordance with the applicable provisions of this land development code. However, any modification to the application thereafter shall require an additional completeness determination pursuant to this paragraph, and may delay the processing of the application, or review and action on the requested approval.

(e)

Administrative official review and recommendation.

1.

Each application shall be reviewed by the administrative official and such other staff as may be designated by the administrative official based upon the type of development proposed. The administrative official may retain consultants to assist in the review of an application if the nature and content of the application requires professional expertise in one or more professions not available on the village staff. The direct costs and charges levied by the consultants shall be borne and paid by the applicant. The administrative official shall review each application for compliance with all applicable land development regulations.

2.

Application conferences. One or more conferences between the representatives of the applicant and the administrative official and designated staff may be required in order to expedite the review of the proposed development, coordinate local review with respect to all applicable village ordinances, and to inform the village staff of the proposed plan in preparation. Prior to the submittal of a complete application and plans containing all information as required by the land development regulations, an applicant may submit partial plans for conceptual review by the administrative official at subsequent application conferences. The conferences shall be informal and focus primarily on the following:

a.

To inform the village staff of any related development approvals in order to facilitate village planning including, but not limited to, the efficient management of issues related to public facilities and service impacts and any area-wide land use impacts.

b.

To inform the applicant of the village's planning policies and potential issues surrounding the scale and character of the proposed development, including related land use and infrastructure concerns, as well as impacts on schools and other public services. Village staff will alert the applicant to applicable ordinances and regulations as well as specific issues regarding the site and proposed plan for its development.

c.

To clarify and inform both the applicant and the village concerning the development approval procedure.

3.

In cases where the administrative official must provide review and recommendation to the village zoning board or the village council, the official shall be provide a written staff report, together with recommendations for denial, approval or approval with conditions, including such conditions that the administrative official deems advisable. The administrative official shall schedule any public hearing that may be required and shall advise the applicant as to any public notice requirements for the approval. However, it shall be the applicant's obligation to provide the public notices pursuant to this land development code.

(f)

Withdrawal or denial with prejudice.

1.

Without prejudice. The applicant shall be entitled to a continuance or withdrawal of an application for development approval if the request is made not later than five working days before final action of the application by the decision-making body or person. Requests for a continuance or withdrawal received later than five working days before the date the decision is to be made, or the public hearing is to take place, shall be granted by the decision-making body or person only with or without prejudice.

2.

With prejudice. Whenever any application for a development approval is withdrawn or denied with prejudice, an application for development approval for all or part of the same land shall not be considered for a period of one year after the date of denial, unless the subsequent application involves a development proposal that is materially different from the prior proposal, or unless the person or a majority of the members of the decision-making body that made the final decision on the application determines that the prior denial was based on a material mistake of fact. For the purpose of this subsection, an application for development approval shall be considered materially different if it involves a change in use, or a change in intensity of density of use of 25 percent or more. The body or person charged with the development application approval under such successive application shall resolve any questions concerning the similarity of a second application.

(g)

Issuance of building permit. A building permit shall be issued only after the administrative official determines that the structure, building site and the proposed use thereof comply with the requirements of this land development code and all development approvals granted pursuant to this land development code. The burden of such demonstration shall rest with the applicant. The building permit shall also comply with the state building code and the applicable laws. The issuance of a permit shall not be deemed to permit any violation of this land development code or any other Code of Ordinances and applicable laws.

(h)

Posting of bond for public improvements. The village shall require the posting of a bond, letter of credit or cash bond covering 125 percent of the cost for required improvements to protect the public interest, including, but not limited to: drainage systems, potable water systems, wastewater disposal, roadway improvements, sidewalks, or other requisite public improvements.

(i)

Record of action. One copy of the development approval or denial and its component parts, including all application materials, shall be returned to the applicant after the administrative official has marked such copy approved or disapproved and attested to same, by the administrative official's signature on the copy. The applicant's copy shall become part of the construction plans and be kept on the premises of construction and available for review by the village. This copy of the plan shall be considered as the village's property and upon request shall be returned to the village. The other copies, similarly signed, shall remain with the village and become a public record.

(j)

Required display of building permit. A building permit or copy thereof shall be kept on the premises affected, in a conspicuous location visible from the public right-of-way and protected from the weather, whenever construction work is being performed thereon. An owner, contractor, worker or other person shall not perform any building operations of any kind unless a building permit covering such operation is displayed as required by this land development code, nor shall they perform construction operations of any kind after notification of the revocation of the building permit.

(k)

Inspections. Where construction is proceeding or at any time during the course of the valid period of a building permit, the village staff shall be authorized to inspect the premises to determine conformity with the approved plans as well as compliance with the building code and land development code.

(l)

Development approval expirations. If, within 12 months of the date of development approval under this chapter a building permit has not been issued, the approval becomes null and void; provided, however, that the original approving body and applicant may jointly agree to extend such period of approval. Once begun, construction of a project shall continue to completion without interruption. Interruption shall be evidenced by six months or more of inactivity on the development site or the phase under construction. Where a building permit expires, prior to considering an application for a new building permit, the village may require the filing of a new application that shall include necessary revisions to achieve compliance with the most current land development code and other applicable laws and ordinances that may have been enacted after the original approval.

(m)

Certificate of occupancy or certificate of use. Land shall not be occupied or used and a building shall not hereafter be erected, altered, extended, used, moved, or changed in use until the administrative official shall have issued a certificate of occupancy or a certificate of use. The certificate shall state that the building, structure or proposed use thereof complies with the provisions of the land development code and adopted building codes. Where a certificate of occupancy is not applicable, a certificate of use shall be issued in the same manner as a certificate of occupancy.

(n)

Permits may be revoked. Where a permit has been issued that is subsequently found to violate any local or state codes, such permit may be revoked upon notice to the applicant, unless the applicant submits a revision to correct the violation and the village accepts the revision.

(o)

Easements not to be adversely affected by permits. Where real property is encumbered by one or more easements for drainage purposes, canal maintenance, water, sewage, gas, telephone, power lines, fire lanes, or similar purposes and the easement is of record, by deed, survey, plat, land use map, or otherwise, and is of notice to the village, no permit shall be issued unless the applicant therefore secures from the easement owner a written statement that the proposed use, building or structure, if installed in the proposed manner, will not interfere with the owner's reasonable use of the easement.

(p)

Placement and removal of construction materials/site grading. Construction materials and equipment shall not be deposited on any premises, lot or proposed building site prior to the obtaining of a building permit as required herein. Only materials applicable to the permitted work on the site shall be placed on that site. A site shall not be graded nor shall trees be removed until a permit is issued. Surplus materials, construction debris, and construction equipment shall be removed from the premises if the job is abandoned or delayed, and before a certificate of occupancy shall be approved.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-14, § 1, 9-11-12; Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 2015-7, § 2, 9-8-15; Ord. No. 2017-3, § 2, 5-9-17)

(a)

Permitted use. The administrative official shall have the authority to review and act on any application for development approval for a permitted use in the zoning district in which development is proposed. Every permitted use, except as exempted below, must receive site plan approval. After reviewing all staff comments, the administrative official shall act to approve, approve with conditions, or disapprove the site plan based on the criteria for site plan approval contained in division 3.4 of this land development code. The administrative official shall provide written comments documenting any conditions of approval. If the site plan is denied, the administrative official shall specify in writing the reasons for the denial. Notwithstanding the above, the administrative official shall have the authority to require that the village council review and act upon the site plan in cases where, in his opinion, the proposed site plan has a design, intensity or scale that may produce potential area-wide impacts that should be considered in a hearing before the village council.

(b)

Improvements exempted from site plan review. The administrative official shall have the authority to review and act on the following improvements that are exempted from site plan review:

1.

Single-family dwellings and duplexes;

2.

Changes in plant species, or increases to landscaped or pervious area;

3.

Decks or walkways which do not exceed 12 inches above existing grade and do not reduce the landscaped or pervious area below the minimum requirements;

4.

Utility sheds which shall not exceed 100 square feet, so long as each lot or contiguous area under unity of title does not exceed one shed per property;

5.

Fences;

6.

Flag poles;

7.

Docks, davits and boat-lifts.

Exemption of any items listed above shall not eliminate any of the enumerated items from the requirements of the site plan review process if the item is a part of a proposed project or improvement that is subject to site plan review.

(c)

Minor site plan amendments. Any changes or amendments to an approved site plan shall require a re-submission in accordance with the provisions of this chapter. However, if the administrative official determines that the requested site plan change is minor, the administrative official shall have the authority to review and approve the minor change with or without conditions. The administrative official shall not approve the site plan unless he finds that the changes:

1.

Are compliant with minimum requirements of the Code;

2.

Are compliant with concurrency requirements; and

3.

Satisfactorily address land use compatibility, buffering, screening, and landscaping.

Prior to the release of a certificate of occupancy, a certificate of use or a release of bond, the applicant shall file with the village an as-built site plan showing the approved changes.

(d)

Moving of buildings and structures; bond required. No building or structure shall be moved from one lot or premises to another unless the building or structure shall thereupon be made to conform with all the provisions of this land development code. A building shall not be moved on, across or along a public street without a permit being obtained from the administrative official. The building to be moved shall be routed over public rights-of-way as directed by the administrative official. The administrative official shall require as a condition of a permit to move a building or structure from one lot or premises to another that the permit holder post a bond, either in cash or surety company bond, meeting with the approval of the administrative official. The bond may be a cash bond, not to exceed $2,500.00, deposited with the village clerk, or a surety bond, payable to the village, and shall be conditioned upon the applicant's compliance in all respects with the building and land development codes pertaining to the area on which such a building is to be moved.

(e)

Administrative (de minimus) variances. When the literal or strict enforcement of the provisions of this land development code cause unusual, exceptional, unnecessary difficulties or undue hardship or injustice because of the size of the tract, parcel or lot, the topography, the condition or nature of adjoining areas or the existence of other unusual physical conditions, the administrative official or his or her designee may grant a variance for setback requirements in accordance with the following procedure:

1.

A variance for a setback requirement shall be submitted to the administrative official or his or her designee in the form of a written application prepared by the village and accompanied by a fee in an amount as established by the village from time to time.

2.

The application shall set forth the special conditions and circumstances that exist which are particular to the land involved and are not applicable to other surrounding lands and the basis for seeking to encroach into the setback requirements.

3.

The applicant shall clearly identify how a literal interpretation of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties located in the village and that the granting of the variance requested will not confer on the applicant any special privilege that is otherwise denied other plans.

4.

To approve a variance application, the administrative official shall find:

a.

That the requirements of this subdivision (e) have been met; and

b.

The reasons set forth in the application justify the administrative granting of the variance; and

c.

That the variance is the minimal variance that would make possible the use of the land; and

d.

That the granting of the variance would be in harmony with the general purpose and intent of the Code of Ordinances; and

e.

That the variance shall not be injurious to the surrounding property owners and impair desirable general development of the neighborhood or the community as proposed in the village's comprehensive plan or otherwise be detrimental to the public welfare.

5.

The denial of an administrative variance shall be pursuant to a written development order.

6.

An administrative variance granted under this division shall not exceed a total of 12 inches into any one setback.

7.

After a determination by the administrative official, an applicant shall have 30 days from the issuance of an order denying an application for variance to file an appeal with the village clerk for the matter to be heard by the zoning board. The appeal shall be filed with the village clerk no later than 30 days from the date of the order. The appeal shall clearly state that the denial of the application for the variance constitutes an error by the administrative official and that the interpretation of any portion of the regulations or an interpretation of the criteria set forth in this division. Any aggrieved property owner who shall file an appeal of the denial of the administrative variance shall have the opportunity to have the matter heard before the zoning board at its next regularly scheduled meeting.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14)

(a)

Generally. The purpose of this division is to ensure that a conditional use or expansion of an existing conditional use shall only be permitted on specific sites where the proposed use or expansion may be adequately accommodated without generating adverse impacts on properties and land uses within the immediate vicinity. This division sets forth the procedures and criteria for approval of conditional uses and expansion of existing conditional uses on specific sites. A conditional use shall be permitted only upon a finding that the proposed use satisfies the provisions of this division and the land development code.

(b)

Review procedures.

1.

Application and administrative official review. The application for a conditional use, or for expansion of an existing conditional use, shall follow the general procedures in division 3.1 of this land development code, as supplemented by this division. A mandatory pre-application and site plan approval is required. An application for a conditional use shall describe how the specific land use proposed meet the criteria described below, and shall include a description of any measures proposed to mitigate against possible adverse impacts of the proposed conditional use on properties in the immediate vicinity. In addition, the application shall clearly describe:

a.

Scale and intensity of the proposed conditional use as measured by the following:

i.

Floor area ratio and impervious surface ratio;

ii.

Traffic generation;

iii.

Square feet of enclosed building for each specific use;

iv.

Proposed employment;

v.

Proposed number and type of service vehicles; and

vi.

Off-street parking needs.

b.

On- or off-site improvement needs generated by the proposed conditional use and not identified on the preceding list to include the following:

i.

Utilities;

ii.

Accessory structures or facilities;

iii.

Roadway or signalization improvements, or other similar improvements;

iv.

Public facility improvements required to ensure compliance with concurrency management provisions provided in the Code; and

v.

Other unique facilities or structures proposed as part of site improvements.

c.

On-site amenities proposed to enhance site and planned improvements. Amenities may include mitigative techniques such as:

i.

Open space;

ii.

Setbacks from adjacent properties;

iii.

Screening and buffers;

iv.

Landscaped berms to mitigate against adverse impacts to adjacent sites; and

v.

Mitigative techniques to abate smoke, odor, noise, and other noxious impacts.

2.

Action by village council. Upon receipt of the administrative official's report and recommendations, and concurrent with its consideration of the site plan, the village council shall schedule a public hearing pursuant to division 3.8 of this land development code. The village council may continue a hearing for up to one month, if necessary, in order to gather additional information. No conditional use shall be acted upon until the required public hearing has been held with required notice. The village council shall conduct a quasi-judicial hearing pursuant to the Village Code of Ordinances, and shall issue a written order approving, approving with conditions, or denying the conditional use. The written order shall contain a written record of findings and any conditions of approval.

(c)

Specific criteria for approving a conditional use. A conditional use shall be permitted upon a finding by the village council that the proposed use, application, and site plan comply with the criteria herein specified. A conditional use shall be denied if the village determines that the proposed use does not meet the criteria herein provided or is adverse to the public interest. The applicant shall demonstrate the following:

1.

Land use compatibility. The conditional use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts shall be compatible and harmonious with adjacent land uses and shall not adversely impact land use activities in the immediate vicinity.

2.

Sufficient site size, site specifications, and infrastructure to accommodate the proposed use. The size and shape of the site, the proposed access and internal circulation, and the urban design must be adequate to accommodate the proposed scale and intensity of conditional use requested. The site shall be of sufficient size to provide adequate screening, buffers, landscaping, open space, off-street parking, efficient internal traffic circulation, infrastructure and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.

3.

Compliance with the comprehensive master development plan and land development code. The conditional use and site plan shall comply with environmental, zoning and other applicable regulations of this land development code, and shall be consistent with the comprehensive development master plan.

4.

Proper use of mitigative techniques. The conditional use and site plan shall incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure, are not burdened with adverse impacts detrimental to the general public health, safety and welfare.

5.

Hazardous waste. No conditional use which generates hazardous waste or uses hazardous materials shall be located in the village unless the specific location is consistent with the comprehensive development master plan, land development code, and does not adversely impact wellfields, aquifer recharge areas, or other conservation resources, as may be applicable now or in the future. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation unless the village council approves conditions requiring mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. The plan shall provide for appropriate identification of hazardous waste and hazardous material, and regulate its use, storage and transfer consistent with best management principles and practices.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-14, § 1, 9-11-12; Ord. No. 2018-5, § 2(Exh. A), 5-8-18)

(a)

Purpose. The purpose of site plan review is to ensure that:

1.

Development of individual sites is consistent with all applicable land use regulations and all other applicable standards and requirements as set forth by the village, prior to issuance of development permits;

2.

Development approvals are based upon the provision and availability of adequate public facilities and services coincident with the impact of the development;

3.

Development and supportive facilities and services further the public health, safety, comfort, order, appearance, convenience, morale and general welfare; and

4.

Development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site.

(b)

Development and uses requiring site plan review. All permitted, conditional and accessory uses shall require site plan approval unless otherwise exempted from such approval by this land development code, or unless waived by the village council pursuant to this land development code. No structure or parking area, or part thereof, or land or water, shall be erected or used, or any change of use consummated, nor shall any building permit be issued therefore unless a site plan for such structure or use shall have been submitted, reviewed and approved pursuant to the provisions of this land development code. All buildings, building or structural alterations or remodeling, where said alterations or remodeling affect 50 percent or more of the floor area of the principal building or use, or the cost of said alterations or remodeling exceeds 50 percent of the fair market value of the improvement of the site prior to the alterations or improvements, shall require site plan approval. All land improvements, site alterations, building expansions of any nature whatsoever, shall comply with these site plan regulations.

(c)

Waiver. The village council shall have the authority to waive site plan requirements for modifications to existing structures that are necessary in order to comply with the requirements of the village's adopted life safety code.

(d)

Application. All site plan applications shall be reviewed and approved in accordance with the provisions herein prior to obtaining a building or other development permit.

(e)

Exemptions from site plan review. No site plan review shall be required under this division for the following improvements:

1.

Utility sheds which shall not exceed 100 square feet (one shed per property).

2.

Permeable decks or walkways which do not exceed 12 inches above existing grade and do not reduce the landscaped or pervious area below the minimum requirements.

3.

Flag poles.

4.

Fences.

5.

Docks, davits and boat lifts.

6.

Change in plant species, increases to landscaped and/or pervious area.

7.

Single-family and duplex dwellings.

The above exemptions (excluding (7)) shall be included as part of any development project otherwise requiring site plan review.

(f)

Pre-application.

1.

Pre-application conference required. In order to expedite the review of site plan, coordinate its local review in respect to the provisions of all applicable village ordinances and to inform the village of a site plan in preparation, one or more pre-application conferences between the applicant and the administrative official shall be required.

2.

Purpose. The pre-application conference(s), while informal, will serve several purposes and focus on the following items:

a.

To inform the village of any site plans in progress together with the scale and character of the plan so that the village may recognize the proposed development in any of its physical or facility planning for the entire village.

b.

To inform the applicant of the village's informal response as to the scale and character of the proposed development and to alert the applicant to all applicable ordinances and regulations as well as any specific areas of concern that the village may have for that specific site or proposed plan;

c.

To clarify and inform both the applicant and the village with respect to the site plan review procedure.

(g)

Application.

1.

Village review.

(a)

The village may, if in its opinion it is necessary, retain consultants to assist in the review of an application for site plan review when it meets one or more of the following criteria:

1.

Encompasses two or more acres of land within the application;

2.

Proposes 50 or more dwelling units and/or 20,000 square feet of nonresidential building area;

3.

Requires, by the nature and content of the application, professional expertise in one or more professions not available on the administrative staff of the village.

(b)

The cost of retaining the consultants shall be borne by the applicant.

2.

Submission requirements. Applications for site plan review shall be accompanied by the following information and processed by the village only after the applicant has complied with the following procedural requirements.

(a)

Twelve copies of all site plans and required supporting documentation together with an application signed by the owner of record shall be submitted to the administrative official. Each application shall be accompanied by the application fee as specified by resolution of the village council and no application will be accepted nor a review conducted until the fee is paid to the village.

(b)

Any portion of a site plan involving architecture, landscape architecture, engineering or surveying shall be certified by the individual responsible for the portion of the site plan and shall bear the seal, registration number, name and address of said individual.

(c)

All site plans shall be prepared at a scale not smaller than one inch equals 40 feet and shall be submitted on sheets 24 inches by 36 inches.

(d)

All site plans submitted for review and approval shall include the following information for all existing and proposed improvements:

1.

Location map at a scale of not less than one inch equals 200 feet, indicating state plane coordinates, if available;

2.

Every site plan shall show the name and address of the owner and/or developer, the county, state, legal description, north arrow, date and scale of drawing and number of sheets. In addition, it shall reserve a blank space on the front page; three inches wide and five inches high for the use by the village.

3.

A boundary survey, including legal description of the tract, at a scale of one inch equals 40 feet, showing the location and type of boundary evidence. The boundary survey shall be related to the state plane coordinate system if available.

4.

Deed, title abstract, and verified statement showing each and every individual person having a legal or equitable ownership interest in the subject property, except publicly held corporations, in which case the names and addresses of the principal, corporate officers and directors shall be included.

5.

All existing and proposed street right-of-way reservations and easements, canals and watercourses, their names, numbers and widths; as well as the owner, existing zoning and present use of all adjoining properties.

6.

The density or intensity of land use to be allocated to all parts of the site to be developed together, with tabulations by area and percentages thereof. Such allocations shall include, but not be limited to:

i.

Total site area;

ii.

Density (dwelling units per acre) or intensity (units per acre or ratio of gross floor area to total site area);

iii.

Total floor area by floor;

iv.

Percentage of site covered by building(s);

v.

Pervious space and landscaped area(s);

vi.

Vehicular circulation and parking area(s);

vii.

Location, area and use of all other portions of the site; i.e. setbacks.

7.

The location, size and character of any common open space, and the form of organization proposed to own and maintain any common open space.

8.

The proposed location, general use, number of floors, height and the net and gross floor area for each building to include outside display areas, and where applicable, the number, size and type of dwellings.

9.

Location, type and size of vehicular entrances to the site.

10.

Location, type, size and height of fencing, walls and screen planting where required under the provisions of this land development code.

11.

Off-street parking, loading spaces and walkways, indicating type of surface, size, angle and width of stalls and aisles, together with a schedule showing the number of parking spaces provided and the number required by the provisions of this land development code;

12.

All proposed signs and exterior lighting;

13.

The provisions for the disposition of open space and a landscape and irrigation plan indicating the location, type, size and description of all proposed landscape materials including the limits or extent of tree removal or tree protection including compliance with the village's tree regulations in article 6.

14.

All existing and proposed utilities, including, but not limited to:

i.

Water and sanitary sewer or on-site septic tank;

ii.

Telephone, electric, gas and other utilities;

iii.

Solid waste disposal facilities including containers or other equipment;

15.

Provisions for the adequate disposition of natural and stormwater in accordance with the adopted design criteria and standards of the village, as required in division 5.20, Table 5-10, indicating the location, size, type and grade of ditches, catch-basins and pipes and connections to the existing drainage system on site system, as well as compliance with all DERM criteria.

16.

Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

17.

Existing topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than two percent, in which case either one-foot contours or spot elevations shall be provided where necessary, but not more than 100 feet apart in both directions.

18.

Proposed finished grading by contours supplemented where necessary by spot elevations and in particular at those locations along lot lines.

19.

All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the nearest one-tenth of a foot; and all bearings in degrees, minutes and seconds to the nearest second.

20.

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for building permits are intended to be filed.

21.

Any additional data, plans or specifications which the applicant believes is pertinent and will assist in clarifying the application.

22.

All requested variances that would require approval of the village. Said variances shall be obtained prior to submittal of the site plan application.

23.

Concurrency facilities and other utilities or services. Site plans shall satisfy concurrency management requirements of this land development code. The application shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site, together with a description of the existing infrastructure serving the site. Include on the site plan the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services. Concurrency facilities shall include the following:

i.

Potable water supply. Identify projected average daily potable water demands at the end of each development phase and specify the consumption rates which have been assumed for the projection.

Provide proof of coordination with the county water and sewer department. Assess the present and projected capacity of the water supply system and the ability of such system to provide adequate water for the proposed development.

Describe measures taken to ensure the water pressure and flow will be adequate for fire protection for the type of construction proposed. Provide sizing of distribution lines, rim and invert elevations, direction of flow and top and bottom elevations.

Denote both planned system improvements required to establish or maintain adopted level of service and proposed funding resources to provide these improvements.

ii.

Wastewater management. Where septic tank and waste disposal drain fields are proposed, provide proof of coordination with The county department of environmental resource management.

Where the county sewage system is to service the site, provide projected average daily flows of wastewater generated by the development at the end of each development phase. Describe proposed treatment system, method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas. Identify method and responsibilities for operation and maintenance of facilities. Provide sizing of collection lines, rim and invert elevations, direction of flow and top and bottom elevations.

If public facilities are to be utilized, provide proof of coordination with the county water and sewer department. Assess the present and projected capacity of the treatment and transmission facilities.

Denote any planned system improvements required to establish or maintain adopted level of service.

iii.

Water quality. Discuss disposal areas, septic tank drain field, urban runoff areas impervious surfaces, and construction related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of potential pollution sources upon the quality of the receiving waters prior to, during and after construction.

Identify any wastewater disposal areas, septic tank drain field, urban runoff areas impervious surfaces, and construction related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during and after construction.

Describe plans for re-vegetation and landscaping of cleared sites including a completion schedule for such work.

iv.

Stormwater management. A stormwater management plan for the site shall be provided, including:

Design and specification to comply with concurrency management;

Retention of runoff or discharge of such runoff into adequately sized natural vegetative filtration areas in manner approximating the natural runoff regime;

Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration; and

Evidence that the proposed drainage improvements shall accommodate stormwater run-off without adversely impacting natural systems or the village's adopted level of service for drainage.

v.

Solid waste. Identify projected average daily volumes of solid waste generated by the development at the end of each phase. Indicate proposed methods of treatment and disposal, including identification of any hazardous waste and means of disposal. Provide proof of coordination with the county department of solid waste management. Assess the present and projected capacity of the solid waste treatment and disposal system and the ability of such facilities to provide adequate service to the proposed development. Provide proposed location and screening of containers or other equipment.

vi

Roadway. Traffic studies shall be prepared by a licensed state traffic engineer. Provide a projection of the expected vehicle trip generation at the completion of each development phase. Describe in terms of external trip generation and average daily as well as peak hour traffic. Evaluate the capacity of the existing roadway network serving the development. Provide recommendations for any required improvements to the existing network required by the proposed development including additional right-of-way, roadway improvements, additional paved lanes, traffic signalization, access and egress controls, and other similar improvements.

vii.

Recreation. Identify projected demand generated by the development and describe land and facility improvements provided to ensure the village's adopted level of service is not adversely impacted.

viii.

Fire protection. Identify existing and proposed hydrant locations in relationship to building(s) and other fire protection systems. The applicant may be required by the county fire rescue department to provide fire wells to augment the available water supply.

ix.

Other public facilities. Discuss provisions included in the proposed development to minimize adverse effects upon the following facilities: educational, police, fire protection, health care and disaster preparedness, telephone, electric power, gas, and other utilities. Include map of the service areas of all existing and proposed public facilities (such as sewage, water supplies, fire protection, health care) which serve the site, and a map of the transportation network impacting the site and surrounding area.

x.

Historic and archaeological resource protection. Include a review of the project's impact on archaeological and historic resources.

(h)

Submission and review procedures.

1.

An application for a site plan review shall be made to the village prior to an application for a building or development permit and will only be accepted if the application complies with all other provisions of the Village Code.

2.

Except as may otherwise be required by law or administrative procedures, all required county, regional, state or federal agency approvals shall be obtained prior to the submission of an application for site plan review. In cases where intergovernmental coordination efforts are incomplete, the applicant shall provide evidence of good faith efforts towards resolving intergovernmental coordination issues.

3.

Upon receipt of a site plan application, the village shall have ten working days to determine its appropriateness and completeness and accept or reject the application. As soon as practical after the acceptance of the application, the administrative official shall either approve the site plan or refer the application, together with all supporting documentation and staff recommendations to the village council for its review and action.

4.

Upon receipt of the application, the village council shall, within 120 days of the original acceptance date by the village, review said site plan and take one of the following actions together with its findings in respect to the proposed development as set forth in this division.

(a)

Approval as submitted.

(b)

Approval with changes and/or special conditions.

(c)

Denial.

(i)

Public hearing. Prior to taking action an any site plan submitted, the village council shall hold a public hearing at which time all interested parties shall be heard. Notice of the public hearing shall be given as provided in division 3.8.

(j)

Findings.

1.

The granting or granting with conditions or changes of approval or denial by written order shall include not only conclusions, but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without changes or special conditions, or the denial. The written order shall set forth with particularity in what respects the plan would or would not be in the public interest including, but not limited to findings of fact and conclusions on the following:

(a)

In what respects the plan is or is not consistent with the comprehensive development master plan and the purpose and intent of the zoning district in which it is located.

(b)

In what respects the plan is or is not in conformance with all applicable regulations of the zoning district in which it is located.

(c)

In what respects the plan is or is not in conformance with the village subdivision regulations and all other applicable village requirements including the design and construction of streets, utility facilities and other essential services.

(d)

In what respects the plan is or is not consistent with good design standards in respect to all external relationships including but not limited to:

1.

Relationship to adjoining properties.

2.

Internal circulation, both vehicular and pedestrian.

3.

Disposition of open space, use of screening or buffering and preservation of existing natural features including trees.

4.

Building arrangements both between buildings in the proposed development and those adjoining the site.

(e)

In what respects the plan is or is not in conformance with the village policy in respect to sufficiency of ownership, guarantee for completion of all required improvements and the guarantee for continued maintenance.

(k)

The action taken by the village council shall be in the form of a written order and include the council's findings in respect to the proposed development as set forth.

(l)

Upon the granting of approval, either as submitted or with changes and/or special conditions, the administrative official shall upon application, issue a building permit for a portion or all of the proposed development after it is found that the application is in compliance with the approved site plan, state building code, and all other village, county, state and federal requirements.

(m)

If it shall appear, at any time, to the administrative official, that the application and accompanying plans and documentation are, in any material respect, false or misleading, or that work is being done upon the premises differing materially from that called for in the application or the approved site plan, the administrative official may revoke the building permit, consistent with the state building code. Thereupon, it shall be the duty of the person holding the same to surrender it to the administrative official.

(n)

If, within 12 months of the date of approval of an application for site plan review, a building permit has not been applied for, the approved site plan becomes null and void provided, however, that the village council and applicant may jointly agree to extend such period of approval for a maximum period of six months.

(o)

Any changes or amendments to an approved site plan shall require a resubmission in accordance with the provisions of this division.

(p)

Appeals. Within 30 days of rendition of the development order by the Village Clerk, the applicant may appeal the decision under division 3.9 of this land development code.

(q)

Transferability. In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site plan approval shall be transferable.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-14, § 1, 9-11-12; Ord. No. 2014-02, § 2, 4-8-14)

(a)

Generally. As used in this land development code, a variance is a relaxation of the terms of the land development code, where such relaxation in term will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

(b)

Permitted variances.

1.

By zoning board. A variance is authorized to be granted by the zoning board only for setback lines; lot width; street frontage; lot depth; landscape or open space requirements; height limitations; yard regulations; fences and walls; signs, and other matters specifically permitted as variances pursuant to this land development code.

2.

By village council. A variance may be granted, by only the village council, for off-street parking and the requirements of the flood regulations in division 6.3.

(c)

Prohibited variances. The zoning board may not grant a variance for an unauthorized use, one that is contrary to the comprehensive development master plan or land development code, or one that is not permitted in the zoning district as either a permitted or conditional use. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district or because of prior variances granted. Similarly, a variance shall not be granted which increases or has the effect of increasing density or intensity of a use beyond that permitted by the comprehensive development master plan or this land development code.

(d)

Application. The applicant shall submit an application for a variance pursuant to the general procedures in division 3.1. A "complete application" shall include the application form, the fee, a current survey, building elevations, a site plan, and a landscape plan where required, as well as all supplemental information required by the administrative official and necessary to render determinations related to the variance request. New or amended site plans shall not be accepted after notification has been given by mail or by publication for the public hearing on the variance.

(e)

Quasi-judicial and public hearing. Upon receipt of a complete application for a variance, the zoning board or village council, as applicable shall hold a quasi-judicial hearing upon the application pursuant to the requirements of the Village Code. Members of the general public shall be permitted to speak at the hearing.

(f)

Zoning board or village council action and criteria for approval. After the hearing, the zoning board or village council as applicable shall adopt a motion granting, granting with conditions, or denying the variance which shall be memorialized in a written order.

1.

Criteria. In order to authorize any variance from the terms of this land development code, the zoning board or village council, as applicable, shall find all of the following:

a.

Variance consistent with authorized powers. That the variance is in fact a variance as set forth in the land development code and within the province of the board or village council, as applicable, based upon the opinion of the village attorney.

b.

Existence of special conditions or circumstances. That special conditions and circumstances exist 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.

c.

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

d.

Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings, or structures in the same zoning district.

e.

Hardship conditions exist. That 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 the land development code and would work unnecessary and undue hardship on the applicant.

f.

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

g.

Not injurious to public welfare or intent of the land development code. That the grant of the variance will be in harmony with the general intent and purpose of the comprehensive development master plan and this land development code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

2.

Conditions and safeguards may be imposed. In granting any variance, the zoning board or village council, as applicable may prescribe appropriate conditions to mitigate the proposed variance and to ensure safeguards in conformity with the comprehensive development master plan and this Code or any other duly 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 the land development code and shall nullify the variance.

3.

Time limit shall be imposed. The zoning board or village council, as applicable shall prescribe a reasonable time limit within which the action for which the variance is required shall begin, and such time shall not exceed six months from the date of the written order unless an application for development permit has been filed.

(g)

Written order. Action by the zoning board or village council upon the variance shall be announced by the chairperson or mayor, as applicable, immediately following the vote determining such action and shall thereafter be embodied in a written order prepared by the administrative official and executed by the village clerk. The applicant shall record the written order of approval in the public records of the clerk of the circuit and county court and shall return the original order to the village clerk.

(h)

Effect and limitation of variance. A written order granting a variance shall be deemed applicable to the development for which it is granted and not to the individual applicant, provided that no written order granting a variance shall be deemed valid with respect to any use of the premises other than the use specified in the application for a variance. Any variance not exercised within a period of six months shall be deemed withdrawn and invalidated.

(i)

Re-application. Re-application for the same or similar piece of property requesting the same or similar variance cannot be made within one year from the date the application was originally denied by the board. Upon the applicant's submittal of the same, the administrative official shall determine if the changed conditions exist. If the administrative official determines that a hearing should be held on the applicant's request, the village clerk shall provide due public notice of the scheduled public hearing in the same manner as required for the original variance request. If no hearing is deemed appropriate, the application shall be resubmitted no sooner than one year following the date of the public hearing on the original variance application.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-14, § 1, 9-11-12; Ord. No. 2014-02, § 2, 4-8-14)

(a)

Application. Application for an amendment to the text of this land development code or to the official zoning map shall follow the general procedures of division 3.1, except that the village or its representatives shall not be required to submit an application. The application shall contain at least the following information:

1.

A statement identifying the text or map area proposed to be amended.

2.

An explanation of the text of the amendment desired.

3.

An explanation of the need and justification for the proposed change.

4.

For an amendment to the official zoning map, the application shall also include the following information:

a.

A legal description and a description by street address of the property whose zoning designation is proposed to be changed.

b.

Current and proposed comprehensive development master plan land use map designation for the subject property.

c.

The existing and proposed zoning designation for the subject property.

d.

The existing and proposed use of the subject property, if applicable.

e.

A verified statement showing each and every individual person having a legal or equitable ownership interest in the property upon which the amendment is sought. In the case of publicly held corporations, the names and addresses of the principal corporate officers, directors and any shareholder owning more than ten percent of the interest in the corporation shall be disclosed.

(b)

Process and criteria for review. All proposed amendments, regardless of the source, shall be evaluated by the administrative official, the local planning agency and the village council. In evaluating proposed amendments, the village council shall consider the following criteria:

1.

Whether the proposal is consistent with the comprehensive development master plan, including the adopted infrastructure minimum levels of service standards and the concurrency management program.

2.

Whether the proposal is in conformance with all applicable requirements of the Code of Ordinances, including the land development code.

3.

Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations, and whether such changes support or work against the proposed change in land use policy.

4.

Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved, the impact on adjacent or neighboring properties, consistency with existing development, as well as compatibility with existing and proposed land use.

5.

Whether, and the extent to which, the proposal would result in demands on transportation systems, public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, water and wastewater services, solid waste disposal, drainage, recreation, education, emergency services, and similar necessary facilities and services.

6.

Whether, and to the extent to which, the proposal would result in adverse impacts on the natural environment, including consideration of wetland protection, preservation of groundwater aquifer, wildlife habitats, and vegetative communities.

7.

Whether, and the extent to which, the proposal would adversely affect the property values in the affected area, or adversely affect the general welfare.

8.

Whether the proposal would result in an orderly and compatible land use pattern. Any positive and negative effects on such pattern shall be identified.

9.

Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and intent of this land development code.

10.

Other matters which the local planning agency or the village council in its legislative discretion may deem appropriate.

(c)

Final action by the village council. The applicant shall be advised of the time and place of the village council hearings. The notice and hearings on the proposed amendment shall be provided pursuant to this land development code and the Florida Statutes. After the necessary public hearing(s), the village council shall take action to deny or approve the application, or approve it with modifications or conditions. The village council shall issue a written development order if the proposed amendment is denied. If denied, the applicant may resubmit the application after a period of one year from the denial.

(d)

Official zoning map. Each amendment to zoning district boundaries or other zoning requirement as portrayed on the official zoning map shall be entered promptly on the official zoning map after the amendment has been approved by the village council. The administrative official shall be responsible for assuring that the physical updating and amendment of the official zoning district map is carried out in a timely manner.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14)

(a)

Application. An application for an amendment to the text of the comprehensive master development plan or to the future land use map of the plan shall follow the general procedures of division 3.1(a)—(f), except that the village or its representatives shall not be required to submit an application.

1.

The application shall contain at least the following information:

a.

A statement identifying the section proposed to be amended.

b.

An explanation of the text of the amendment desired.

c.

An explanation of the need and justification for the proposed change, including the data and analysis that supports the amendment.

d.

An explanation of the how the proposed amendment meets the requirements of F.S. § 163.3161 et seq., "The Community Planning Act."

2.

For an amendment to the future land use map, the application shall also include the following information:

a.

A legal description and a description by street address of the property whose land use designation is proposed to be changed.

b.

Current and proposed future land use map designation for the subject property.

c.

The existing and proposed zoning designation for the subject property.

d.

The existing and proposed use of the subject property, if applicable.

e.

A verified statement showing each and every individual person having a legal or equitable ownership interest in the property upon which the amendment is sought. In the case of publicly held corporations, the names and addresses of the principal corporate officers, directors and any shareholder owning more than ten percent of the interest in the corporation shall be disclosed.

(b)

Process and criteria for review. All proposed amendments, regardless of the source, shall be evaluated by the administrative official, the local planning agency and the village council. If the amendment is proposed by the village, the administrative official shall prepare the necessary information for the amendment to be reviewed pursuant to the requirements of ch. 163.3161 et seq., "The Community Planning Act." In evaluating proposed amendments, the village council shall exercise its legislative discretion and may consider the following:

1.

Whether the proposal is internally consistent with the comprehensive development master plan, including the adopted infrastructure minimum levels of service standards and the concurrency management program.

2.

Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing comprehensive development master plan, and whether such changes support or work against the proposed amendment.

3.

Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved, the impact on adjacent or neighboring properties, consistency with existing development, as well as compatibility with existing and proposed neighboring property land use.

4.

Whether, and the extent to which, the proposal would adversely affect the property values in the affected area, or adversely affect the general welfare.

5.

Whether the proposal would result in an orderly and compatible land use pattern.

6.

Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of the comprehensive development master plan.

7.

Whether the proposed amendment meets the requirements of F.S. § 163.3161 et seq.

8.

Other matters which the local planning agency or the village council, in its legislative discretion, may deem appropriate.

(c)

Final action by the village council. The applicant shall be advised of the time and place of the village council hearings. The notice and hearings on the proposed amendment shall be provided pursuant to Florida Statutes. After the necessary public hearing(s), the village council shall take action to deny or approve the application, or approve it with modifications or conditions for purposes of transmittal to the state department of community affairs pursuant to the Florida Statutes.

1.

If denied, the applicant may resubmit the application after a period of one year from the denial.

2.

If approved for purposes of transmittal, the village shall thereafter provide the necessary administrative support for the state review process required under F.S. § 163.3161 et seq., "The Community Planning Act." The village council shall have the legislative discretion to adopt, adopt with conditions, or not adopt the amendment once the state review process has been completed.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14)

(a)

Generally. When an application for development approval is subject to a public hearing, the administrative official shall ensure that the necessary public hearing is scheduled for the decision-making body reviewing the application and that proper notice of the public hearing is provided, as set forth herein. All notices for public hearings shall include the following information:

1.

Identify the applicant, if other than the village.

2.

Indicate the date, time, and place of the public hearing.

3.

Describe the property involved by street address or by legal description, and area of the subject property. A map may be substituted for the legal description or as required by state law.

4.

Describe the nature, scope and purpose of the proposal being noticed.

5.

Identify the village department(s) where the public may inspect the application, staff report and related materials during normal business hours.

6.

Include a statement that affected parties may appear at the public hearing, be heard and submit evidence with respect to the application.

7.

Include other information as may be required by law.

(b)

Mailed notice. When the provisions of this land development code require that mailed notice be provided, the village clerk shall prepare the written notice and provide the list of property owners to be notified, and the village shall be responsible for mailing the notice. Notice shall be deemed mailed by its deposit in the United States mail, properly addressed, and postage paid. The applicant shall pay the cost of postage to the village prior to deposit of the notices in the United States mail. Notice by mailing is a courtesy only and no action taken by the village shall be voided by the failure of any individual property owner to receive such notice. The property owners required to be provided notice by this division shall be determined from a certified copy of the most recent county tax roll.

(c)

Published notice. When the provisions of this land development code require that notice be published, the applicant shall be responsible for the cost of village staff preparing the content of the notice and publishing the notice as prescribed under section 1-12 of the Village Code, or in any other manner so authorized by law. This notice shall be published at least 30 days prior to the required public hearing, except where provided otherwise in this land development code.

(d)

Posted notice. When the provisions of this land development code require that notice be posted on the property subject to the application, the administrative official shall be responsible for posting the property, and shall:

1.

Place the signs on the property that is the subject of the application for at least 30 days prior to a required or requested hearing.

2.

Place the signs along each street that is adjacent to or runs through the subject property at intervals of not more than 200 feet in a manner that makes them clearly visible to adjacent residents and passers-by.

3.

Place the signs no more than 25 feet from the street so that the lettering is visible from the street. Where the land does not have frontage on a street, signs shall be erected on the nearest street, with an attached notation indicating generally the direction and distance to the property subject to the application.

(e)

Affidavit of notice; re-noticing. An affidavit and photographic evidence shall be provided by the applicant before the public hearing demonstrating that the applicant has complied with the applicable notice requirements set forth in this division. Failure to comply with the applicable notice requirements shall result in the postponement and re-noticing of the public hearing. All costs of re-noticing the public hearing shall be borne by the party failing to comply with the applicable notice requirements.

(f)

Comprehensive development master plan. Notice for public hearings on applications for amendments to the comprehensive development master plan shall be noticed as follows:

1.

Text or map amendments initiated by the village shall be noticed by publication, as prescribed under section 1-12 of the Village Code or in any other manner so authorized by law, and in accordance with the provisions of F.S. § 163.3184. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

2.

Text or map amendments initiated by a property owner or governmental agency other than the village, shall be noticed by publication, as prescribed under section 1-12 of the Village Code or in any other manner so authorized by law, and in accordance with the provisions of F.S. § 163.3184, and by posting of the property subject to the application. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

(g)

Land development code. Notice for public hearings on applications for amendments to the land development code and the official zoning district map shall be noticed as follows:

1.

Text or map amendments initiated by the village shall be noticed by publication, as prescribed under section 1-12 of the Village Code or in any other manner so authorized by law, and in accordance with the provisions of F.S. § 166.041. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

2.

Text or map amendments initiated by a property owner or governmental agency other than the village shall be noticed by publication, as prescribed under section 1-12 of the Village Code or in any other manner so authorized by law, and in accordance with the provisions of F.S. § 166.041, and by posting of the property subject to the application. In addition, property owners of record within a 2,500-foot radius of the property subject to map amendments shall be provided mailed notice.

(h)

Other development. Public hearings on applications for development permit approvals other than rezoning, including, but not limited to variances, conditional uses, site plans for conditional uses, and plats shall be noticed as follows:

1.

Posting of the property subject to the application.

2.

Mailed notice to the property owners or record within a 1,000-foot radius of the property which is the subject of the application.

3.

By courtesy publication, as prescribed under section 1-12 of the Village Code, or in any other manner so authorized by law.

(i)

Appeals of action by the administrative official. An applicant seeking an appeal of the action by the administrative official to the village council shall be responsible for providing notice of the appeal by mailed notice to property owners of record within a 1,000-foot radius of the property subject to the application, and by posting required signs on the subject property.

(j)

Appeals of action by the zoning board. An applicant seeking an appeal of the action by the zoning board to the village council shall be responsible for notice of the appeal by mailed notice to the property owners of record within a 1,000-foot radius and posting of the property subject to the application.

(k)

Applicant bears burden of cost. All costs of publication, mailing and posting shall be borne by the applicant.

(l)

Provisions of Florida Statutes to prevail. Where provisions of the Florida Statutes conflict with provisions of the land development code, the Florida Statutes shall prevail.

TABLE 3-1
NOTICE REQUIREMENTS

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 2024-8, § 2(Exh. A), 10-8-24)

(a)

Exhaustion of remedies required; rendition of development appeals. No person aggrieved by any decision of the administrative official, the zoning board or the village council pursuant relative to administration of the land development regulations may apply to the court for relief unless that person has first exhausted the remedies provided for in the land development code. Appeals of a final decision shall be filed in a court of competent jurisdiction.

(b)

Copy of the record. For the purposes of review by the court, the administrative official shall make available for public inspection and copying the record upon which each final decision of the village council is based. Prior to certifying a copy of any record or portion thereof, the administrative official shall make all necessary corrections in order that the copy is a true and correct copy of the record. The administrative official may make a reasonable charge commensurate with the cost of furnishing the record or any portion thereof.

(c)

Regulatory takings; vested right. It is the intent of the village council that no decision under this land development code shall constitute a temporary or permanent regulatory taking of private property ("taking") or an abrogation of vested rights ("vested rights abrogation").

1.

In the event that any court shall determine that a decision of the village council under this land development code constitutes a taking or vested rights abrogation, such decision of the village council is declared to be non-final and the court is hereby requested to remand the matter to the village council, which shall reconsider the matter in a properly noticed public hearing.

2.

In the event that a court fails to remand a matter to the village council after finding that a taking or vested rights abrogation has occurred, the administrative official is instructed to forthwith file an application to remedy such taking or vested rights abrogation, which application shall be heard directly by the village council in a properly noticed public hearing.

3.

The village council may elect to request that any remand or administrative official's application be deferred until a later point in the litigation, including the completion of any judicial appeals.

(d)

Appeals from decisions of the zoning board.

1.

An appeal from any decision of the zoning board may be taken to the village council by any person who is aggrieved by such decision. Any person desiring to appeal a decision of the zoning board shall, within 14 days from the date of such decision, file a written notice of appeal with the village clerk, whose duty it shall then become to schedule a public hearing for consideration of the appeal by the village council at a regular meeting following posting, publication, and mailing of the public hearing notice of such appeal to all persons previously notified by the zoning board. The matter shall then be heard by the village council at a regular meeting following notification of the public hearing as required herein. An appeal shall stay all proceedings in the matter appealed from until the final disposition of the appeal by the village council.

2.

Upon the taking of an appeal, the village council shall conduct a de novo hearing and shall consider why the decision of the zoning board should or should not be sustained and/or modified. By resolution, the village council shall affirm, modify or reverse the decision of the zoning board by a majority vote of all members present.

3.

An appeal from any decision of the village council, after the final disposition of an appeal from the zoning board, shall be in accordance with the terms and conditions set forth in herein.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-14, § 1, 9-11-12; Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 2015-8, § 2, 9-8-15; Ord. No. 2021-10, § 2(Exh. A), 10-19-21)

(a)

Any person who shall violate or fail to comply with any conditions, restrictions, or limitations contained in any development order or declaration of restrictions shall be subject to a fine not to exceed $500.00 for each condition and/or restriction violated.

(Ord. No. 2021-10, § 2(Exh. A), 10-19-21)