(a)

Duties and powers of the zoning officer. A zoning officer shall be designated by the town council. The duties shall be as follows:

(1)

The zoning officer or designee is authorized and empowered on behalf of and in the name of the governing body to administer and enforce provisions of this chapter to include receiving applications, inspecting premises, and zoning compliance letters, issuing certificates of concurrency, building permits, and certificates of occupancy for uses and structures which are in conformance with the provisions of this chapter.

(2)

The zoning officer or designee does not have the authority to take final action on application or matters involving variances, nonconforming uses, or other exceptions which this chapter has reserved for public hearings before the town council.

(3)

The zoning officer shall keep records of all and zoning compliance letters, the certificates of concurrency and occupancy issued, maps, plats, and other documents with notations of all special conditions involved. The zoning officer shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be a public record of the town.

(4)

The zoning officer shall attend all meetings of the town council where land use zoning or concurrency issues are to be discussed.

(b)

Permits and certificates. Permits and certificates shall be issued in accordance with the following provisions:

(1)

Certificate of concurrency. Before a building permit may be issued, the zoning officer must certify that the proposed construction will not diminish established levels of service (LOS) for water sanitary sewer, solid waste, drainage, recreation, and roads. A certificate of concurrency shall be issued in accordance with the town's concurrency management ordinance.

(2)

Zoning compliance letters. The zoning officer shall issue a zoning compliance letter, which may be incorporated into the building permit issued under the building code for any permitted use or structural alteration, provided such proposed use of land or structure or structural alteration is in conformance with the provisions of this chapter.

(3)

Required submissions. An application for a zoning letter shall be accompanied by two copies of a dimensional sketch or a to-scale plan, signed by the owner, or his authorized agent to include, as a minimum the following: location and legal description; lot dimensions with property line monuments located thereon; shape, size, height, and location of the buildings proposed to be erected, demolished, altered or moved, and of any buildings already on the lot; yard dimensions and the use of structures, including the number of dwelling units within each structure, where appropriate; easements (private and public); watercourses. Upon submission of a complete application, the zoning officer shall, within ten working days, approve or deny, for cause, the application.

(4)

Posting of permit required. Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction.

(5)

Issuance of letter retention of copy by zoning officer. If the proposed excavation, filling, construction, or movement set forth in the sketch or plan are in conformity with the provisions of this chapter and other appropriate codes and ordinances of the town, the zoning officer shall sign and return one copy of the sketch or plan to the applicant and shall issue a zoning compliance letter. The zoning officer shall retain one copy of the letter and one copy of the sketch or plan for his records.

(6)

Refusal. If the sketch or plan submitted describes work which does not conform to the requirements of this chapter, the zoning officer shall not issue a zoning compliance letter, but shall return one copy of the sketch or plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons for refusal and shall site the portions of this chapter with which the submitted sketch plan does not comply. The zoning officer shall retain one copy of the sketch or plan and the refusal.

(7)

Expiration. Any building permit shall automatically expire six months from the date of issuance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued or if the work so authorized is suspended or discontinued.

(c)

Procedure for variances, special exceptions, and appeals.

(1)

Request application. Request for a hearing before the town council for review of the decision of the zoning officer for a special exception or variance shall follow the following procedures:

a.

A competed application form shall be filed with the zoning officer. Such application shall state the grounds for review of the decision of the zoning officer or in the case of an application for special exception or variance, the pertinent facts on which the application is based. The zoning officer may assist the applicant in preparing the application.

b.

An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the zoning officer. Such site plan shall include, as a minimum, the following:

1.

Lot dimensions with property line monuments located thereon;

2.

Location and size of existing and proposed structures;

3.

Yard dimensions and the use of structures; and

4.

Easements, private and public; watercourses, if existing and proposed; fences; street names and street right-of-way lines; and such information regarding abutting property as directly affects the application, including, but not limited to, the names and current resident addresses of abutting property owners.

(2)

Public hearing and notice. A public hearing shall be held to consider an application for a variance, special exception or appeal after an application is determined to be complete. Notice of such public hearings shall be made as provided in state statutes.

(3)

Town council action. The town council shall hear any request at a meeting called within 45 days of the request after an application is determined to be complete.

a.

The town council shall render a decision on any appeal or other matter before it within 14 days from the conclusion of the public hearings concerning such appeal or other matter.

b.

In exercising the powers granted, the town council may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, may modify the order, requirements, decisions, or determinations of the zoning officer, may grant or deny the special exception or variance upon entering written findings of the fact, and may issue or direct the issuance of a building permit.

c.

Any petition for a hearing before the town council may be withdrawn prior to action thereon by the town council at the discretion of the applicant upon written notice to the zoning officer.

d.

Any person or persons severally or jointly aggrieved by the decision of the town council regarding a variance, special exception or interpretation appeal may within 30 days thereafter, appeal to the town council.

(4)

Variance guidelines. A variance may be granted, upon application, from the terms and provisions of this chapter as will not be contrary to the public health, safety, welfare, and morals or where owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship. Such variance may be granted in such individual case of unnecessary hardship upon written finding by the town council that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

b.

The application of the provisions of this chapter to the particular piece of property would create an unnecessary hardship;

c.

Such conditions are peculiar to the particular piece of property involved and not created by actions of the applicant; and

d.

Relief of variance, if granted, would not cause substantial detriment to the public health, welfare, safety and morals or impair the purpose and intent of this chapter;

e.

Provided, however, that no variance may be granted for use of land or building that is not permitted by this chapter.

(5)

Special exception guidelines. The town council shall hear and decide upon requests for special exceptions. The town council may approve, approve with conditions, or deny requests which are not in harmony with the intent and purpose of these regulations. In making its determination, the town council shall be guided by the following:

a.

Ingress and egress to the property and the proposed structures thereof, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

b.

Off-street parking and loading areas where required, including consideration of relevant factors in subsection (b)(5)a., and the economic, noise, glare, or odor effects of the locations of such off-street parking;

c.

Refuse and service areas including consideration of relevant factors in subsections (b)(5)a., and b.;

d.

Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use;

e.

Screening and buffering, including considerations of such relevant factors as type, dimensions, and character to preserve and improve compatibility and harmony of use and structure between the proposed special exception and the uses and structures of adjacent and nearby properties and properties generally in the district;

f.

Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district and compatibility and harmony with other properties in the district;

g.

Required yard and open spaces;

h.

Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district;

i.

Economic effect on adjacent and nearby properties and properties generally in the district of the grant of the special exception.

In granting any special exception, the town council may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these zoning regulations. In making a grant of special exception, the town council shall prescribe a time limit within which the action for which the special exception is granted shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the special exception.

(d)

Procedure for requesting a zoning amendment. The governing body may, from time to time, amend, supplement, or change the regulations and zoning districts in this chapter or subsequently established. Proposals for zoning amendments, whether initiated by the governing body, the town council, or any other person, firm, or corporation, shall be treated in accordance with the following procedure:

(1)

An application must be submitted in writing to the zoning officer and must be accompanied by a site plan of the proposed use included in any petition for a zoning map amendment. Such site plan shall include a legal description of the property, the existing land use on adjacent and surrounding properties. An application for a change of classification for a parcel of land may only be instituted by the governing body, town council, the owner of the property, or his authorized agent. An application for a zoning district amendment shall be submitted in writing, including reasons for the proposed change.

(2)

The completed application shall be submitted to the zoning officer. Upon receipt of an application for a zoning change, the zoning officer first must ensure that the proposed amendment is consistent with the land use designated for the parcel on the future land use map (FLUM). If the proposed zoning is consistent with the land use designated for that parcel on the FLUM, the process of making a change in zoning may continue. If the proposed zoning is not consistent with the land use designated for that parcel on the FLUM, a land use amendment to the town comprehensive plan must be processed in accordance with F.S. § 163.3187 before the process can continue. The zoning officer shall ensure that a meeting is scheduled within 35 days of receipt of complete application.

(3)

Whenever a proposed amendment to this chapter involves changing the zoning classification of a parcel of property from one district to another, the zoning officer shall cause to have posted, at least 15 days prior to such meeting, excluding Sundays and legal holidays in a conspicuous place on such property one or more signs, each of which shall contain information as to the proposed change and the date and time of the town council meeting. The signs shall not be less than six square feet in area and shall be paid for by the applicant. The zoning officer shall recommend to the town council approval or denial of the proposed amendment prior to the hearing date.

(4)

The town council shall hold a public hearing after public notice as described in subsection (e) to consider the proposed zoning amendment and shall take action on the proposed zoning amendment within 45 days from the conclusion of the public hearing. It shall require four or majority votes of the town council to override either a positive or negative recommendation of the zoning officer.

(5)

Any petition for a zoning amendment may be withdrawn prior to action thereon by the town council at the discretion of the person, firm or corporation initiating such a request upon written notice to the town clerk.

(6)

A property owner, or his appointed agent, shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every six months.

(e)

Notice of public hearings. Notice of intent, including time and place of all hearings, to consider a zoning amendment, appeal, variance, or special exception shall be given at least 15 days prior to such hearing, excluding Sundays and legal holidays. Notice shall be given as follows:

(1)

Written notice to applicant and surrounding property owners;

(2)

Published notice in the newspaper officially designated by the town council;

(3)

Posting of a sign or signs on the property, each of which shall not be less than six square feet in area and shall be paid for by the applicant. In the case of a zoning amendment, this requirement may be met by including required information on the sign notifying the public of town council hearing date.

(f)

Fees. A schedule of fees, adopted by ordinance, to help defray administrative costs shall be charged for permits and applications related to this chapter. The fee shall be paid at the time of application.

(Ord. No. 2014-5, § 1, 4-8-2014; Ord. No. 2015-06, § 11, 2-9-2016; Ord. No. 2016-10, § 1, 7-12-2016)

Editor's note— Ord. No. 2015-06, § 11, adopted February 9, 2016, enacted a new § 90-9; renumbered § 90-9 as § 90-10; enacted a new §§ 90-11, 90-12; renumbered existing § 90-10 as § 90-13, and amended it to read as set out herein.

Cross reference— Administration, ch. 2.