This Article sets forth the application and review procedures required for obtaining development orders, and certain types of permits. This Article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

An application for development review may be withdrawn at any time. No fees shall be refunded if public notice of a public hearing has been given.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

No development may be undertaken unless the activity is authorized by a development permit.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Except as provided in Section 10.01.04 below, a development permit may not be issued unless the proposed development activity is authorized by a Land Use Certificate and a Final Development Order issued pursuant to this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Before any structure or use listed below shall be added to, erected, reconstructed, structurally altered, moved, or demolished, a Land Use Certificate shall be obtained from the Development Administrator. The Certificate shall be on a form provided by the Development Administrator and a Land Use certificate fee may be charged if a fee schedule is adopted by resolution by the Board of County Commissioners. Said Land Use Certificate shall be obtained prior to the issuance of any Building Permit for any type of structure for the activities listed below:

1.

Single-family residence.

2.

Mobile home.

3.

Modular home.

4.

Swimming pool.

5.

Accessory structure.

6.

Utility (power, well, septic, etc.).

7.

Lot split, including family exception process.

8.

Temporary real estate office (out of mobile home/temporary structure, see below).

9.

Temporary construction office (out of mobile home/temporary structure, see below).

10.

Temporary construction storage structure (see below).

11.

Any activity or structure deemed by the Development Administrator to be similar to the aforementioned.

B.

A Land Use Certificate shall be issued or denied within ten (10) working days from the date of application. The applicant may appeal the denial of the Certificate to the Planning Commission, in writing within thirty (30) calendar days after rejection of the application.

C.

Each Application for a Land Use Certificate shall be accompanied by a plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the size, shape, height, and location of the buildings to be erected, dimensions and location of existing buildings, and width of front, side, and rear yards, and any historical or environmentally sensitive areas located on the site.

D.

When application is made to build upon a lot of nonconforming size, the application shall be accompanied by an affidavit that said lot was a Lot of Record prior to the adoption of these regulations.

E.

A Land Use Certificate shall be valid for one (1) year. One (1) or more extensions of the Land Use Certificate for periods not exceeding 180 days may be issued by the Development Administrator.

F.

The Development Administrator may revoke a Land Use Certificate issued in a case where there has been a false statement or misrepresentation in the application or on the plot plan for which the certificate was issued.

G.

A Land Use Certificate is required for a mobile home or temporary structure used as an on-site real estate sales office, construction office or storage of tools and materials during construction may be located in any Land Use District in which a project has been approved. The on-site real estate sales office use shall be discontinued, and the mobile home/temporary structure removed no later than final closing for purchase of the last unit in the development project. The on-premises construction office or storage of tools and materials use shall be discontinued and the mobile home, temporary structure removed immediately after the final Certificate of Occupancy is issued.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code.

A.

Development activity necessary to implement a valid development plan on which the start of construction took place prior to October 1, 1991, and has continued in good faith. Compliance with the development standards hi this Code is not required if in conflict with the previously approved plan.

B.

The construction or alteration of a one-family dwelling (including Mobile Homes) on a lot of record, in a valid recorded subdivision approved prior to October 1, 1991, as long as concurrency is met. Compliance with the development standards in this Code is not required if in conflict with the previously approved plat.

C.

The construction or alteration of a one-family dwelling (including Mobile Homes) on a parcel of record with deed dated prior to October 1, 1991, as long as the concurrency provisions and all design and resource protection standards contained in this Code are complied with.

D.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

E.

The re-surfacing of a vehicle use area that conforms to all requirements of this Code.

F.

A Minor Replat granted pursuant to the procedures in Article VI of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms of conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original perm it. A written record of the modification shall be entered upon the original perm it and maintained in the files of the Planning Department.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Prior to filing for development plan review, the developer shall meet with the Development Administrator to discuss the development review process. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form. The preapplication conference may be waived at the option of the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Application. Applications for development review which shall be required prior to the issuance of all Final Development Orders, except those exempted under Section 10.01.04 of this Code shall be available at the Planning Department. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation and embossed with the corporate seal.

B.

Submittal Requirements Based on Development Plan Designation. A tiered approach shall be used in determining the information which must be submitted at the time of application. The greater the intensity of a project, based upon its designation as either general, minor, or major, the greater the amount of information required. The following list describes the applicable submittal requirements for specific development plans. A determination of the applicability of specific requirements shall be made by the development Administrator.

1.

General Plan requirement. These shall be mandatory for all development plans.

2.

Minor Review Requirements. These shall be mandatory for major and minor development plans.

3.

Major Review Requirements. Tliese shall be mandatory only for major development plans.

4.

Optional Review Requirements. These may be required for the review of any development plan on a case-by-case basis at the discretion of the Development Administrator and/or the Planning Commission and/or the Board of County Commissioners when additional data is needed.

5.

Environmentally Sensitive Area Requirements. These shall be required of all developments which contain environmentally sensitive areas as identified hi Article IV, or at the discretion of the Development Administrator.

C.

General Development Plan Submittal Requirements.

1.

All subdivisions as defined in Article VI of this Code shall comply with the platting and review requirements contained in Article VI.

2.

All other development plans shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless the Development Administrator determines that a different scale is sufficient or necessary for proper review of the proposal.

3.

These plans shall be twenty-four (24) inches by thirty-six (36) inches in size. A three-quarter (0.75) inch margin shall be provided on all sides except for the left binding side where a two (2) inch margin shall be provided.

4.

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

5.

The front cover sheet of each plan shall include:

a.

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township, and range, together with the principal roads, city limits, and/or other pertinent orientation information.

b.

A signed and sealed boundary survey prepared by a licensed surveyor pursuant to the requirements of F.AC. Ch. 21-HH.

c.

The name, address, and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.

d.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

e.

Signing and sealing of the plans by the project engineer.

f.

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.

g.

The plan shall show the boundaries of the property with a metes and bounds description reference to section, township and range, tied to a section or quarter section or subdivision name and lot numbers).

h.

The area of the property shown in square feet and acres.

6.

Unless a format is specifically called for below, the information required may be presented textually, graphically or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of this Code have been met.

7.

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) and/or Floor Area Ratio (FAR) calculations shall be given, based on the nature of the development.

8.

Minimum lot sizes and setbacks shall be noted for residential projects.

9.

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the Development Plan for review and approval by the Development Administrator or his/her designee, followed by recordation with the Clerk of the Circuit Court of Washington County.

10.

Other documentation necessary to permit satisfactory review under the requirements of this Code and other applicable law as required by special circumstances in the determination of the Development Administrator.

D.

Minor Development Plan Submittal Requirements (1. Either Subdivision Plan and Plat; or 2. Site Plan).

1.

All subdivisions as defined in Article VI of this Code shall comply with all platting and review requirements contained in Article VI as well as Florida Statutes. Further, both subdivision plans and site plans (minor development plans of development for presubdivided lands) shall include all required elements of the general development plan.

2.

A title page, with the project name notating whether the minor development plan is a for a subdivision or site plan. A location map of the project, as well as information on the development team, applicant, and/or property owner shall also be included.

3.

A map of existing and proposed vegetation cover. If protected/endangered species or wetlands are known to exist on the property, an environmental report shall be prepared by a wildlife biologist.

4.

Proposed Development Activities and Design.

a.

Generally.

(1)

Area and percentage of total site area to be covered by an impervious surface.

(2)

Grading plans specifically including perimeter grading.

(3)

Construction phase lines.

b.

Buildings and Other Structures.

(1)

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

(2)

Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.

(3)

Minimum flood elevations of buildings within any one-hundred-year floodplain.

c.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

d.

Exact locations of on-site and nearby existing and proposed fire hydrants.

e.

Streets, Parking and Loading.

(1)

The layout of all streets, bike paths, and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

(2)

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for disabled parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.

(3)

The location of all exterior lighting.

(4)

The location and specifications of any proposed garbage dumpsters.

(5)

Cross sections and specifications of all proposed pavement.

(6)

Typical and special roadway and drainage sections and summary of quantities.

f.

Landscaping.

(1)

Location and dimensions of proposed buffer zones and landscaped areas.

(2)

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

(3)

A tree survey depicting trees to be preserved and removed, meeting the standards described in Section 2.06.02.

g.

A complete drainage plan prepared in accordance with Section 5.06.00 of Article V of this Code.

5.

Signs.

a.

Plans and specifications of regulated signs, and method of their construction and attachment to the building or ground, except those plans for standard signs that have been placed on file with the Development Administrator by a licensed sign contractor for standard signs. The plans shall clearly illustrate the type of sign or sign structure as defined in this Code; the design of the sign, including dimensions, colors, and materials; the aggregate sign area; dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

b.

For regulated ground signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(1)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access, visibility triangles, and parking areas and other existing ground signs on the parcel.

(2)

All regulated trees that will be damaged or removed for the construction and display of the sign.

c.

For regulated building signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(1)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings, and structures on the parcel.

(2)

A building elevation or other documentation indicating the building dimensions.

(3)

The dimensions, colors, and construction materials of the proposed building sign.

6.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, open space, and the like.

7.

Location of on-site wells, and wells within one thousand (1,000) feet of any property line, exceeding one hundred thousand (100,000) gallons per day.

8.

Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.

9.

Number, height, and type of residential units.

10.

Floor area, height and types of office, commercial, industrial, and other proposed uses.

11.

If a subdivision is involved, a plat meeting the requirements of Chapter 177, Part I, F.S. shall be submitted and approved concurrently with the minor site development plan approval. In addition to the State requirements above, the following requirements shall apply:

a.

The plat shall be prepared on sheets eighteen (18) inches by twenty-four (24) inches in size and to a scale sufficient in size to be legible, one hundred (100) feet to the inch preferred.

b.

All easements shall be shown on the plat.

c.

Standard certifications, approval forms, declarations, and notes shall be printed on the plat in a permanent manner.

d.

All required signatures on the plat shall be signed with black permanent waterproof ink.

e.

The plat shall incorporate all stipulations, easements, changes, and modifications required to make the approved subdivision plan conform to the requirements of this LDC.

f.

If property is found to be in the FEMA special flood hazard area (SFHA), it shall be noted on the plat.

E.

Major Development Plan Submittal Requirements. All subdivisions as defined in Article VI of this Code shall comply with all platting, review, and design standards contained in Article Viand other provisions of this Code. In addition to the requirements for minor development plans, all major development plans shall also include the following:

1.

A title page, with the project name notating whether the major development plan is a for a subdivision or site plan. A location map of the project, as well as information on the development team, applicant, and/or property owner shall also be included.

2.

A map of existing and proposed vegetation cover and findings of threatened and endangered species including locations of sightings (including nests or burrows), along with an environmental report prepared by a wildlife biologist. These shall cover issues such as soils, floodplains, topography, drainage, water bodies, and flood zones/floodways.

3.

A Master Plan is required for a Major Development which is to be developed in phases. A Master Plan shall provide the following information for the entire development:

a.

A development plan for the first phase or phases for which approval is sought.

b.

A development phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas and facilities.

c.

Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.

d.

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

e.

Approximate location and acreage of any proposed public use such as parks, school sites, and similar public or semi-public uses.

f.

Appropriate buffers between adjoining land uses.

g.

A vicinity map of the area within three hundred (300) feet surrounding the site showing:

(1)

Land use designations and boundaries.

(2)

Traffic circulation systems.

(3)

Major public facilities.

(4)

Municipal boundary lines.

h.

If the project involves the subdivision of land, a plat, meeting the requirements of Subsection 10.02.02.

4.

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

5.

A description of the proposed stormwater management system, including:

a.

Channel, direction, flow rate, and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

b.

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

c.

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

d.

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water surface elevations or hydrographs.

e.

Linkages with existing or planned stormwater management systems.

f.

On- and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the Stormwater Management System.

g.

The entity or agency responsible for the operation and maintenance of the Stormwater Management System.

6.

The location of off-site water resource facilities such as surface water management systems, wells, or well fields that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

7.

Runoff calculations.

8.

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. For purposes of these review procedures, all development plans shall be designated by the Development Administrator as either general, minor, or major developments according to the criteria below. Before submitting a development plan for review, the developer shall provide the Development Administrator with sufficient information to make this determination. Ure Development Administrator's determination shall be supported by written findings.

B.

General Development Plan. Apian shall be designated as general development if it is development other than that defined as minor or major development or that which is exempted from the requirement of a Final Development Order under Section 10.01.04 of this Code. For a General Development, the applicant shall submit the required information to the Planning Department and the development shall be reviewed through the prescribed process of issuing Land Use Certificates, Building Permits, Driveway/Roadway Connection Permits, and/or Certificates of Concurrency.

C.

Minor Development. Apian shall be designated as a minor development if it is:

1.

A Minor Subdivision as defined in Article VI of this Code.

2.

Any multi-family residential development of less than ten (10) units, that does not involve platting.

3.

Any nonresidential use on a single parcel containing less than ten thousand (10,000) square feet of nonresidential floor space.

4.

Any addition to an existing nonresidential use where the size of the addition is less than ten thousand (10,000) square feet.

D.

Major Development. Apian shall be designated as a major development if it is:

1.

A Major Subdivision as defined in Article VI of this Code.

2.

Any multi-family residential development of ten (10) or more dwelling units.

3.

Any nonresidential use on a single parcel containing ten thousand (10,000) square feet or more of nonresidential floor space.

4.

Any addition to an existing nonresidential use where the size of the addition is ten thousand (10,000) square feet or more.

5.

Any development that should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources, and public safety.

6.

Construction of any roadway in Washington County, Florida.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Procedure.

1.

For Minor Subdivisions the applicant shall comply with and be subject to all submittal and review requirements contained in Article VI of this Code entitled "Subdivision."

2.

For other minor developments the applicant shall submit the minor development plan and supporting documentation pursuant to 10.02.02 to the Planning Department.

3.

After receipt of the above, the Planning Department shall have fifteen (15) working days to:

a.

Determine that the application is complete and proceed with the review; or

b.

Determine that the application is incomplete and inform the applicant of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within forty-five (45) days, to proceed with the review.

4.

The Planning Department shall then route the application to any applicable agencies within five (5) working days and review the minor development plan for compliance with this Code within thirty (30) days.

5.

Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation of revisions, approving, approving with conditions, or denying the application based upon the requirements of this Code. Upon all revisions being addressed, the Development Administrator shall issue a recommendation of approving, approving with conditions, or denying, and forward the project to the Planning Commission.

6.

After review, the Development Administrator shall advertise a public hearing before the Planning Commission, and also shall schedule an advertised public hearing before the Board of County Commissioners. The Plan and supporting data, and a report from the Department, shall be submitted to the Planning Commission at its public hearing, and to the Board of County Commissioners at its public hearing.

7.

The Planning Commission shall consider the application at the next regularly scheduled meeting of the Planning Commission. In reviewing the application, the Planning Commission shall consider the recommendation of the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Planning Commission shall approve, approve with conditions, or deny the application. The decision on the application shall be a final action, except for instances where the development is a minor subdivision, or in instances where the development is located within a municipality. In the case of a minor subdivision the development will be required to comply with the provisions of Article VI of this Code which requires local governing body approval. In the case of a development located within a municipality the action of the Planning Commission shall constitute a recommendation to the governing body of the municipality which shall have final authority to approve, approve with conditions, or deny the application.

8.

Notification of the Planning Commission's and of the governing body of the municipality's (if applicable) decision shall be mailed to the applicant and filed with the Planning Department.

9.

Recording of Plat. Upon having obtained the approval of the Board of County Commissioners, the developer shall submit the mylar, with one (1) print copy of the "mini-plat" for the subdivision which has been approved, to the County within ten (10) working days of final approval. The County shall secure all required signatures and record the plat within thirty (30) days of receipt of the approved plat from the applicant. All expenses for the recording of the plat shall be paid by the applicant prior to the County recording of the plat.

B.

Expiration. A development permit for a minor development shall be valid for a period of one (1) year and may be renewed only once for an equal period of time. Said renewal must be received prior to the date of expiration. However, additional extension(s) may be granted by the Board of County Commissioners for a specified period of time for good cause at a public hearing pursuant to Section 10.02.09. Developments under appeal shall also comply with provisions under Section 10.08.00 of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Procedure.

1.

For major subdivisions the applicant shall comply with and be subject to all submittal and review requirements contained in Article VI of this Code entitled "Subdivision."

2.

For other major developments the applicant shall submit the major development plan and supporting documentation pursuant to Section 10.02.02 to the Planning Department.

3.

After receipt of the above, the Planning Department shall have fifteen (15) working days to:

a.

Determine that the application is complete and proceed with the review; or

b.

Determine that the application is incomplete and inform the applicant of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within forty-five (45) days, to proceed with the review.

4.

The Planning Department shall then route the application to any applicable agencies within five (5) working days and review the major development plan for compliance with this Code within fifteen (15) days.

5.

Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation of revisions, approval, approval with conditions, or denial of the application based upon the requirements of this Code.

6.

After review, the Development Administrator shall advertise a public hearing before the Planning Commission, and also shall schedule an advertised public hearing before the Board of County Commissioners. The Plan and supporting data, and a report from the Department, shall be submitted to the Planning Commission at its public hearing, and to the County Commission at its public hearing.

7.

The Planning Commission shall consider the application at the next regular meeting. In reviewing the application, the Planning Commission shall consider the recommendation of the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Planning Commission shall recommend approval, approval with conditions, or denial of the application. The action of the Planning Commission shall constitute a recommendation to the Board of County Commissioners.

8.

The Board of County Commissioners shall consider the application at the next regular meeting. In reviewing the application, the BOCC shall consider the recommendation of the Development Administrator and the Planning Commission and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Local Governing Body shall approve, approve with conditions, or deny the application.

9.

Notification of the decision made by the BOCC shall be mailed to the applicant and filed with the Planning Department.

10.

Recording of Plat. Upon having obtained the approval of the Board of County Commissioners, the developer shall submit the mylar, with one (1) print copy of the "mini-plat" for the subdivision which has been approved, to the County within ten (10) working days of final approval. The County shall secure all required signatures and record the plat within thirty (30) days of receipt of the approved plat from the applicant. All expenses for the recording of the plat shall be paid by the applicant prior to the County recording of the plat.

B.

Expiration. A development permit for a major development shall be valid for a period of one (1) year and may be renewed only once for an equal period of time. However, additional extension(s) may be granted by the Board of County Commissioners for a specified period of time for good cause at a public hearing pursuant to Section 10.02.09. Developments under appeal shall also comply with provisions under Section 10.08.00 of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Should a proposed development be in or impact an adjacent municipality/jurisdiction, as determined by the Development Administrator, the impacted municipalities/jurisdictions will be notified in writing of the proposed development and given an opportunity to identify specific issues of concern. Such correspondence shall be submitted, along with the Development Administrator's recommendation, to the appropriate board approving such development action.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A Master Plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the development plan for the first phase of the development and must be approved prior to approval of the plan for the first phase. A development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Notice for all development actions that require public meetings and hearings shall be given as follows, unless expressly stated otherwise:

Table 10.02.08-Public Noticing Requirements

A.

Neighborhood Information Meeting Requirement.

1.

Applicants must conduct at least one (1) Neighborhood Information Meeting ("NIM") after initial staff review and comment on the application have been provided, and before the Public Hearing with the Planning Commission or Board of County Commissioners.

a.

For a small or large-scale amendment, the NIM is required prior to the Washington County Planning Commission adoption hearing. A second NIM for a site-specific comprehensive plan amendment, to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing.

b.

In the case of a Planned Unit Development application, after initial staff review and comment on the application have been provided, a NIM shall be conducted prior to the first public hearing.

c.

For all other applications, the appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his/her designee, only in cases where one (1) or two (2) pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public.

2.

Written notice of the meeting shall be sent to all property owners and condominium/homeowners associations within one thousand five hundred (1,500) feet of the property lines of the land for which the amendment to zoning is sought. The one thousand five-hundred-foot distance shall be measured from the boundaries of the entire subject property. For properties located within areas of the future land use element of the growth management plan that are not designated urban, the foregoing notice requirements apply, except that written notification must be sent to all property owners within one thousand five hundred (1,500) linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Washington County. The applicant shall provide said names and addresses generated by the Washington County Property Appraiser to the Planning Department, which shall send written notice of the NIM to property owners, condominium, and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified.

a.

A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County Manager or designee and the office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM.

b.

The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant shall also make notice of the NIM to be posted at the Washington County Administration Building. The Washington County staff planner assigned to attend the preapplication meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator, of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Manager or designee.

c.

As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Planning Department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order.

3.

Any applicant requesting variance approval or parking exemption approval must provide the Development Administrator, or his/her designee with, a Washington County Property Appraiser listing of property owners within three hundred (300) feet of the subject site. The Planning Department shall mail notices to the property owners indicated, along with known homeowner or condominium associations, within thirty (30) days of receipt of a letter indicating that the application is sufficient.

4.

A list of property owners and homeowner or condominium associations notified and any other written communications must be submitted to the Senior Planner at least two (2) weeks prior to the scheduled date of the first advertised public hearing. The applicant must provide a written account of the result of such notice and shall submit any and all written communications to the Senior Planner.

5.

Signs. A sign shall be placed on the parcel of property affected by the proposed change at least ten (10) days before any public hearing. Signs shall be placed along every roadway that the subject property fronts and shall have a maximum spacing of not more than five hundred (500) feet along any roadway frontage. The applicant shall provide an affidavit of the required posting of County provided signs on the subject property. The County-provided sign(s) shall state the substance of the proposed land use change or special exception and shall state a time and place for the NIM.

B.

Public Hearing Notification.

1.

Content of Notice. Every required notice shall include: the date, time, and place of the hearing; a description of the substance of the subject matter that will be discussed at the hearing; a legal description of the properties directly affected including the street address when available; a statement of the body conducting the hearing; a brief statement of what action the body conducting the hearing may be authorized to take; and a statement that the hearing may be continued from time to time as may be necessary. Notices for public hearings before the Washington County Planning Commission, The Board of County Commissioners or City/Town Councils on amendments to the Future Land Use Map shall also contain a geographic location map which clearly indicates the area covered by the proposed amendment. The map shall include major street names as a means of identification of the area.

2.

Publication. Publication of the notice shall be as follows:

a.

Generally. Except as provided in paragraphs b. and c., below, notice of all public hearings, and appeals from a decision, order, requirement, or determination of an administrative officer or board of the County or municipality shall be properly advertised in a newspaper of general circulation not more than thirty (30) days nor less than ten (10) days before the date of the hearing.

b.

Amendments to the Washington County Comprehensive Plan. Notice pursuant to the adoption of amendments to the Washington County Comprehensive Plan shall be given pursuant to F.S. §§ 163.3184 through 163.3187. Amendments to the Future Land Use Map shall be further noticed in accordance with Section 10.02.08(D), of this Code.

c.

Amendments to the Text of This Code. Any amendment to the text of this Code shall require public hearing and publication of notice as follows:

(1)

The Washington County Planning Commission shall hold one (1) advertised public hearing on the proposed ordinance or resolution. This hearing shall be held on a weekday and shall be held approximately ten (10) days after the day that the advertisement is published.

(2)

The Board of County Commissioners and other affected local governing bodies (the municipalities of Caryville, Ebro, Vernon, or Wausau) shall each hold two (2) advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held on a weekday, and the first shall be held approximately ten (10) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. Tire date, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

3.

Public Inspection. A copy of the notice of public hearing shall be available in the Planning Department during regular business hours.

4.

Mail. For non-property-owner-initiated changes to the Future Land Use Map within the municipalities of Caryville, Ebro, Vernon and Wausau, which involve less than five (5) percent of the land area of the affected local governing body, mailing of notices shall be made by the Planning Department or Applicant to real property owners located within five hundred (1,500) feet of the property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll. The notice shall state the substance of the proposed land use change as it affects those property owners (including the property on which the land use is changed) and shall state a time and place for the public hearing concerning the land use change. Such notice shall be given at least ten (10) days and not more than thirty (30) days prior to the date set for the first public hearing on the proposed land-use change.

For non-property-owner-initiated changes to the Future Land Use Map of the unincorporated portion of Washington County which are not initiated or participated in by the land owner, and which involve less than five (5) percent of the land area of the affected local governing body, mailing of notices shall be made to the owner of the real property which the land-use change addresses. The notice shall state the substance of the proposed land-use change and shall state a time and place for the public hearing concerning the land use change. Such notice shall be given at least ten (10) days and not more than thirty (30) days prior to the date set for the first public hearing on the proposed land use change.

For all changes to the Future Land Use Map, and for all proposed Special Exceptions as outlined in Section 10.05.00 of this Code, mailing of notices shall be made to all real property owners of property which directly adjoin the property affected by the proposed action, and all property owners within five hundred (1,500) feet of the affected property whose address is known by reference to the latest approved ad valorem tax roll. The notice shall state the substance of the proposed land-use change or Special Exception and shall state a time and place for the public hearings before the Planning Commission and the Board of County Commissioners concerning the land-use change or Special Exception. Such notices shall be mailed at least ten (10) days before such hearings and shall be sent certified mail. The petitioner(s) for the land-use change shall be responsible for the mailing of such notices and shall furnish evidence of such mailings at the first public hearing before the Washington County Planning Commission.

5.

Signs. For all changes to the Future Land Use Map, and for all proposed Special Exceptions as outlined in Section 10.05.00, signs shall be placed on the parcel of property affected by the proposed change at least ten (10) days before any public hearing. Signs shall be placed along every roadway that the subject property fronts and shall have a maximum spacing of not more than five hundred (500) feet along any roadway frontage. The applicant shall provide an affidavit of the required posting of the subject property. The sign shall state the substance of the proposed land use change or special exception and shall state a tune and place for the public hearings before the Planning Commission and the Board of County Commissioners.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Setting the Hearing. When the Development Administrator determines that an application is complete, he/she shall notify the appropriate decision-making body so a public hearing may be set and notice given in accordance with Section 10.02.08 of this Code.

B.

Examination and Copying of Application and Other Documents. Any time after the provision of notice, any person may examine the application or petition in questions, and the material submitted in support or opposition to the application or petition in the Planning Department during regular business hours. Any person shall be entitled to obtain copies of the application or petition and other materials upon reasonable request and payment of a fee to cover the actual costs of providing such copies.

C.

Conduct of the Hearing.

1.

Rights of All Persons. Any person may appear at a public hearing, or may be represented by counselor agent, and may submit documents, materials, and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall identify himself, his address and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

2.

Continuance of Hearing. The body conducting the hearing may continue the hearing to a fixed date, time, and place.

D.

Record of the Hearing.

1.

The transcript of testimony, when and if available, the minutes of the Secretary, all applications, exhibits, documents, materials, and papers submitted in any proceeding before the decision-making body, the report of the Development Administrator and the decision and report of the decision-making body shall constitute the record.

2.

The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person the Development Administrator and payment of a fee to cover the cost of transcription, the record may be transcribed and a copy provided to that person. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time, or make copies at his own expense, at the Planning Department.

E.

Action by Decision-Making Body. The decision-making body shall render its decision within a reasonable time, unless stated otherwise in this Code.

F.

Notification. Notification of the final decision on an application shall be mailed to all parties making application. A copy of the final decision shall be filed in the Planning Department.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Development Order. A development shall contain the following:

1.

An approved development plan with findings and conclusions.

2.

A determination that all conditions of the BOCC required to be met prior to the start of construction have been met.

3.

A confirmation that concurrency and other facility operational standards, including for roads, have been met.

4.

If modifications must be made to the development plan before a final development order may be issued a listing of those modifications and the time limit for submitting a modified plan.

5.

A specific time period during which the development order is valid and during which time development shall commence. A development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Applicability.

1.

The provisions of this section shall apply to all developments except for subdivisions as defined in Article VI of this Code. Subdivisions shall be required to comply with the "Guarantee of Completion of Improvements" contained in Section 6.03.00 of Article VI.

2.

Nothing in this Section shall be construed as relieving a developer of any requirement relating to concurrency in Article III of this Code.

3.

This Section does not modify existing agreements between a developer and the County for subdivisions platted and final development orders granted prior to October 1, 1991, providing such agreements are current as to all conditions and terms thereof.

B.

Improvements Agreements Required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, mineral extraction reclamation work, landfill activities shall be satisfactorily constructed according to the approved development plan or reclamation plan. The following information shall be provided:

1.

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

2.

Tire term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. This period shall not exceed five (5) years from the date of the initialization of the agreement or thirty (30) percent occupancy of the development, whichever comes first, except for in the case of mining and mineral extraction and/or a landfill reclamation plan which shall conform to Section 10.02.11.B.2.a below.

a.

For mining and mineral extraction and landfill reclamation plans, the term of the agreement shall coincide with the predicted life of the mineral extraction and/or landfill use. The reclamation plan and the associated guarantees and sureties shall provide for all required long-term monitoring activities.

3.

The projected total cost for each improvement. The cost for the construction of each improvement or the reclamation shall be determined by either of the following:

a.

Estimate prepared and provided by the applicant's engineer.

b.

A copy of the executed construction contract provided.

4.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

5.

Agreement that upon failure of the applicant to make the required improvements (or to cause them to be made) according to the schedule for making those improvements, the County shall utilize the security provided in connection with the agreement.

6.

Provision of the amount and type of security provided to ensure performance.

7.

Provision that the amount of the security may be reduced periodically, but not more than two (2) times during each year, subsequent to the completion, inspection and acceptance of improvements by the County.

C.

Amount and Type of Security.

1.

The amount of the security listed in the improvement agreement shall be approved as adequate by the Development Administrator or his/her designee.

2.

Security requirements maybe met by but are not limited to the following:

a.

Cash Deposit.

b.

Surety Bond.

3.

The amount of security shall be one hundred ten (110) percent of the total construction costs for the required developer-installed improvements or reclamation plan. The amount of security may be reduced commensurate with the completion and final acceptance or approval of required improvements. In no case, however, shall the amount of the bond or security be less than one hundred ten (110) percent of the cost of completing the remaining required improvements.

D.

Completion of improvements.

1.

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance or approval is recommended by the Development Administrator. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one (1) copy of all applicable test results.

2.

As required improvements are completed and accepted, the developer may apply for release of all or a portion of the bond consistent with the requirement in Section 10.2.11(B)7 above.

E.

Maintenance of improvements.

1.

A maintenance agreement and security shall be provided to assure Washington County that all required improvements shall be maintained by the developer according to the following requirements:

a.

The period maintenance shall be a minimum of one (1) year.

b.

The maintenance period shall begin with the acceptance or approval by the County of the construction of the improvements.

c.

The security shall be in the amount of ten (10) percent of the construction cost of the improvements.

d.

The original agreement shall be maintained by the Development Administrator.

2.

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the County a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a.

When the proposed development is to be organized as a condominium under the provisions of F.S. Ch. 718, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

b.

When no condominium is so organized, an owners' association shall be created, and all common facilities and property shall be conveyed to that association.

c.

No development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the County Attorney.

3.

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to Washington County shall be created by covenants running with the land. Such covenants shall be included and recorded with the final plat. Such organization shall not be dissolved, nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the County.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

This Section is enacted pursuant to the provisions of F.S. §§ 125.66 and 336.09, and is enacted for the purpose of establishing procedures to be followed when any person or persons request the closing or abandonment of a roadway, street, rights-of-way, or easement under the provisions of F.S. § 336.09.

A.

Any dedication or conveyance of real property for the purpose of streets, rights-of-way, access, ingress and egress, utilities and drainage which has been made on or by a plat, easement, deed, or other instrument of any kind which instruments have been approved by the Board of County Commissioners for filing of record in the Official Records of Washington County or which instruments conveys any interest in real property to the Board of County Commissioners for the purposes of the vacation, annulment, and/or abandonment of plats, or portions thereof, rights-of-way, and easements for utility and drainage purposes.

B.

Tire provisions of this Section shall apply to all plats, rights-of-way and easements under the jurisdiction and control of the Board of County Commissioners.

C.

The procedures for vacation of recorded subdivision plats are presented in Article VI of this Code, see Section 6.05.00. The procedures set forth in this section shall apply to applications for vacation of public rights-of-way, easements, etc., pursuant to F.S. § 177.101(3) which are not recorded through the platting process. Any petition to vacate a plat, or portion thereof, which plat, or portion thereof, contains private rights-of-way shall not require a public hearing; provided, however, that a public hearing shall be required if the petition-site includes a County right-of-way or public easement for drainage purposes which services a County right-of-way.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Petitions for Abandonment of Rights-of-Way. Any person, governmental entity or business entity desiring to abandon the public's interest in and to any right-of-way shall be required to make application to the County pursuant to this Section. The application shall be on the petition form prescribed by the Planning Department and the information contained therein shall be verified by the petitioner under oath. Unless initiated by the County, any petition for abandonment of rights-of-way shall be signed by all owners of abutting property.

B.

Application Fee. The application fee shall be determined in accordance with Section 10.09.00.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

No right-of-way, road, street, or public accessway giving access to any publicly accessible waters in the County, shall be closed, vacated or abandoned except in those instances wherein the petitioner(s) offers to trade or give to the County comparable land or lands for a right-of-way, road, street or public accessway to give access to the same body of water, such access to be of such condition as not to work a hardship to the users thereof, the reasonableness of the distance and comparable land being left to the discretion of the Board of County Commissioners.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Immediately prior to filing the petition to vacate right-of-way or easement with the Planning Department, the petitioner shall cause to be published a notice of intent in a newspaper of general circulation in the County once weekly for two (2) consecutive weeks. Such notice of intent shall state the intent of the petitioner to file a petition pursuant to this Section and in F.S. Ch. 177.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

In addition to any other information, the petition shall contain the following:

A.

Legal Description of Petition-site. A complete and accurate legal description of the petition-site.

B.

Type of Petition. A statement identifying the type of petition, the source of the County's or public's interest, together with a reference to the recording information for the petition-site. The type of petition may be for abandonment of:

1.

A County right-of-way;

2.

The public's interest in a private right-of-way; or

3.

A public easement.

C.

Location Map. A drawing measuring not less than eight (8) inches by fourteen (14) inches and not larger than eleven (11) inches by seventeen (17) inches which clearly and legibly identifies the location of the petition-site in relation to the nearest public right-of-way, excluding the petition-site, and all affected properties. The location map may be located on the survey in a separate block.

D.

Access to Affected Property. The petition shall contain a statement that to the best of the petitioner's knowledge, the granting of the petition would not affect the ownership or right of convenient access of persons owning other land located abutting the right-of-way or easement.

E.

List of Affected Persons. A list of all persons owning property adjoining or being served by the roadway, street, easement, etc., in question, including the person's address and telephone number.

F.

Federal or State Highway statement. The petitioner shall certify that the petition-site, or any portion thereof, is not a part of any state or federal highway and was not acquired or dedicated for state or federal highway purposes.

G.

Evidence of Title. The petition shall state the source of petitioner's ownership or interest in and to the petition-site, and a reference to the recording information for same. A copy of the source instrument shall be certified by the Clerk of the Circuit Court and attached to the petition.

H.

Evidence of Taxes Paid. The petition shall state that all state, municipal and County taxes on the petition-site have been paid. The certificate(s) of the Tax Collector's Office showing payment of same (as payment is defined in F.S. § 177.101(4)) shall be attached to the petition. If the petition-site or any portion thereof is tax-exempt, the petition shall so state and a copy of the tax roll from the Tax Collector's Office which shows such exemption shall be attached to the petition.

I.

Municipal Resolution. The petition shall state whether the petition-site lies within the corporate limits of a municipality, within the unincorporated area, or both. If any portion of the petition-site lies within the corporate limits of a municipality, the municipality shall first abandon its interest in the petition-site by appropriate resolution, and a certified copy of the municipal resolution shall be attached to the petition.

J.

Fees. The petition shall state whether the petition-site is subject to the application fee, the amount of the fee, and that the fee is submitted herewith.

K.

Justification. The petition shall detail the relevant reasons in support of the request and granting of the petition.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Review and Notification. Each petition shall be reviewed by the Development Administrator, and any governmental agency or affected County Office. Upon receipt, the Development Administrator shall distribute the petition to the reviewing departments and agencies. Within twenty (20) days of receipt of the petition, the reviewing departments and agencies shall submit a written report containing its findings and recommendations to the Development Administrator. Upon receipt of all written reports, the Development Administrator shall review the petition and reports and shall notify the petitioner in writing of any reasonable conditions to be performed prior to forwarding the petition and reports pursuant to paragraph (B) below. Within sixty (60) days of receipt of the Development Administrator's notification, the petitioner shall either comply with, agree and commit in writing to the conditions, or disagree in writing to the conditions.

Failure to respond to the Development Administrator's notification may result in a recommendation to deny the petition by the Development Administrator.

B.

Review by Board of County Commissioners. After expiration of the sixty-day period above or sooner, if conditions are not imposed, or, if imposed, are responded to by the petitioner in the manner set forth above, the Development Administrator shall forward the petition together with his/her findings and recommendations of same to the Board of County Commissioners for their review in accordance with this Section. The Development Administrator shall set the petition for public hearing in accordance with Section 10.02.09(A) unless the petition is not subject to a public hearing. If a public hearing is not required, upon its review, the Board shall adopt a resolution either approving or denying the petition. The Board may reject a petition if a petition covering the same lands had been considered at any time within six (6) months of the date the latter petition is submitted.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Pursuant to F.S. § 336.10, a public hearing shall be held for any petition for abandonment which affects County right-of-way and public easements for drainage which service a County right-of-way.

B.

Time and Place of Hearing. Tire Board of County Commissioners hereby exercises their authority, as set forth in F.S. § 336.09, by authorizing and directing the Development Administrator to establish a definite time and place to hold the public hearing required by F.S. § 336.10 and this Section and to publish the notice of the hearing.

C.

Publication of Notice of Public Hearing. Advertisement of such public hearing shall be as set forth in Section 10.02.08.

D.

Posting of Notice of Public Hearing. The Development Administrator shall notify the petitioner of the date and time of the public hearing and shall direct the petitioner to post the property with a notice of petition to vacate. The petitioner shall place the notice in a conspicuous and easily visible location, abutting a public thoroughfare, when possible, on the subject property at least ten (10) days prior to the public hearing.

E.

Mailing of Notice of Public Hearing. The Development Administrator shall mail a copy of the notice of public hearing to all affected property owners as described in Section 10.02.08(D).

F.

Notice of Adoption of Resolution. If the County Commission shall, by resolution, grant the petition, notice thereof shall be published one (1) time within thirty (30) days following the date of adoption of such resolution in a newspaper of general circulation published in the County. Ure proof of publication of the notice of public hearing, and the proof of publication of the notice of the adoption of the resolution, and a copy of the resolution shall be recorded by the Clerk of the Circuit Court in the Public/Official Records of Washington County.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Upon adoption of a resolution approving a petition, a certified copy of same shall be filed in the Public Records in accordance with F.S. § 177.101 or F.S. § 336.10, whichever is applicable.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

For County rights-of-way, upon the recordation of the proof of publication of notice of public hearing, proof of publication of the notice of adoption of the resolution, and a copy of the resolution in the Public Records, the interest of the right-of-way so closed shall be vested in accordance with provisions of F.S. § 336.12.

B.

For plats, or portions thereof, recordation in the Public Records of resolutions approving abandonment of a plat or a portion thereof shall have the effect of vacating all streets and alleys in accordance with F.S. § 177.101(5) and shall either return the vacated property to the status of unplatted acreage or shall vacate the first plat in accordance with F.S. § 177.101(1) or (2), as applicable.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

For a discussion of variance procedures, see Section 8.02.00 of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Prior to filing for a special exception, the developer shall meet with the Development Administrator to discuss the special exception review process. No person may rely upon any comment concerning a proposed special exception, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form. The pre-application conference may be waived at the option of the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Application. Applications for special exception review shall be available at the Planning Department. A completed application shall be signed by all owners, or their agent(s), of the project subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by owners. In case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation and embossed with the corporate seal.

B.

Submittals. An application for special exception may be submitted concurrently with a development plan (whether general, major, or minor) and shall include all applicable submittal requirements identified as general plan, minor review, major review, optional and environmentally sensitive area requirements pursuant to Section 10.02.02 of this Code. If not submitted at the same time as the development plan, such a plan in enough detail for the reviewers and reviewing bodies to examine project impacts shall be included with the application submittal.

C.

If a special exception is submitted prior to the development plan and is documented to produce more than one hundred (100) PM Peak Hour trips by the Institute of Traffic Engineers Trip Generation Manual, a traffic impact report shall be included with the special exception application.

D.

In addition, a statement demonstrating the manner in which the project does not negatively impact water quality or endangered species habitat, shall be submitted, with a wildlife study being submitted if any protected species of wetlands are known to exist on the site.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Procedure.

1.

The applicant may submit the special exception application simultaneously with the development plan and supporting documentation.

2.

After receipt of the above, the Planning Department shall have fifteen (15) working days to:

a.

Determine that the application for special exception is complete and proceed with the review, or

b.

Determine that the application is incomplete and inform the applicant of the deficiencies. The applicant must submit a revised application correcting the deficiencies within forty-five (45) days, to proceed with the review.

3.

The Planning Department shall then route the application to any applicable County agencies requesting review pursuant to Section 10.02.06 within five (5) working days and review the special exception for compliance with this Code within thirty (30) days.

4.

Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation requiring further information, or approving, approving with conditions, or denying the application based upon the requirements of this Code.

5.

The Planning Commission shall consider the application at a scheduled public hearing which has been noticed pursuant to the requirements of Section 10.02.08. In reviewing the application, the Planning Commission shall consider, in addition to the recommendation of the Development Administrator and other provisions of this Code, whether satisfactory provision and arrangement have been made concerning the following issues, applicable special provisions provided in Section 2.02.04, and any other applicable performance standards of this Land Development Code:

a.

On-site and off-site impacts associated with the proposed trip generation;

b.

Ingress and egress to the property and the proposed structures thereon, with particular reference to automotive and bicycle/pedestrian safety, traffic flow and control, and access in case of fire or catastrophe;

c.

Utilities with reference to location, availability, and compatibility;

d.

Screening and buffering with reference to type, dimensions, and character;

e.

Signs, if any;

f.

Proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the Land Use District;

g.

Required yards and other open space;

h.

Drainage/Stormwater management;

i.

Water Quality;

j.

Visual Appearance;

k.

Mitigation of impact and avoidance of environmentally sensitive lands. Where environmentally sensitive lands are encountered, such lands shall be identified pursuant to the submittal requirements listed above and shall meet the requirements of Article IV of this Code. All attempts shall be made during the special exception process to avoid impacting these areas. When impact is unavoidable, compensatory mitigation shall be performed, subject to the following requirements;

l.

The created, enhanced or restored environmentally sensitive areas must be of the same type as the destroyed or degraded environmentally sensitive area; and

m.

If a project is not otherwise permittable under the provisions of this Code, the provision of compensatory mitigation shall not be the sole basis for permitting the project; and

n.

A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06, on a newly created environmentally sensitive area to protect it from future development; and

o.

Compensatory wetland mitigation shall require that the amount of wetlands created, enhanced, or restored be large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. The following minimum ratios of replacement to destroyed wetlands shall be presumed to provide reasonable assurances for type-to-type mitigation:

l.

Noise. As a condition for approval of the special exception, a statement shall be incorporated as part of the development order to the effect that sound levels emanating from the site shall not exceed a level of fifty-five (55) decibels between 10:00 p.m. and 7:00 a.m. and sixty-five (65) decibels between 7:00 a.m. and 10:00 p.m.

m.

Air Quality. All sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), and the Florida Department of Environmental protection (F.AC. Ch. 17-2).

n.

General compatibility with adjacent properties and other property in the Land Use Map District.

o.

Cemeteries and Water Table. Cemeteries shall only be allowed in areas where the normal water table is four (4) feet or greater depth below the ground surface.

6.

For Special Exceptions related to a Minor Development Review Application, the Planning Commission shall approve, approve with conditions, or deny the application. The special exception approval shall be conditioned on the approval of a minor development plan. Conversely, the minor development plan approval shall be conditioned on the approval of the special exception.

7.

For Special Exceptions related to a Major Development Review Application, the Board of County Commissioners shall consider the application at a scheduled public hearing which has been noticed pursuant to the requirements of Section 10.02.08. In reviewing the application, the Board shall consider the recommendations of the Planning Commission and Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Board of County Commissioners shall approve, approve with conditions, or deny the application.

8.

If the application for special exception involves lands located in a municipality, then the City/Town Council shall consider the application at a scheduled public hearing which has been noticed pursuant to the requirements of Section 10.02.08. In reviewing the application, the Council shall consider the recommendations of the Planning Commission and the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The City/Town Council shall approve, approve with conditions, or deny the application.

Before any Special Exception shall be issued, the Local Governing Body shall make written findings certifying compliance with the specific rules governing individual special exceptions, and that satisfactory provision and arrangement have been made concerning the items noted in Section 10.05.05.

9.

Notification of the Planning Commission's, Board of County Commissioner's or City/Town Council's decision shall be mailed to the applicant and filed with the Planning Department.

B.

Expiration. At the time of granting a special exception, a time shall be set in which the development shall have commenced, be finished, or both. Extensions of such time or times shall be granted by the Local Governing Body upon due cause being shown.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Traffic impact studies shall, to the maximum extent possible, use the ITE report entitled: "Traffic Access and Impact Studies for Site Development: A Recommended Practice," as may be amended, as a guide in the preparation of such studies. However, any deviation from this guide, especially as it relates to report format and contents, shall be approved by the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Appeals from decisions of the Development Administrator, Planning Commission, Board of County Commissioners, or municipality shall be made pursuant to the provisions of Section 10.08.00 of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Application for a development permit shall be made to the Planning Department on a form provided by the Planning Department and may be acted upon by the Office without public hearing or notice.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. The erection, alteration, or reconstruction of any building or structure, including signs, shall not be commenced without obtaining a Building Permit from the Development Administrator. No Building Permit shall be issued for development without written certification that plans submitted conform to applicable regulations. The erection, alteration, reconstruction, or conversion of any sign shall not be commenced without obtaining a Sign Permit where applicable.

B.

Time limitation of Building Permits.

1.

Building Permits shall expire and become null and void if work authorized by such permits is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within one (1) year from the date of issuance of the Building Permit, except that the time may be extended by the Development Administrator, subject to compliance with the provisions of Section 4.01.03 if any of the following occur:

a.

A time schedule has been submitted and approved by the Development Administrator, predicated upon customary time for construction of similar buildings, prior to the issuance of the Building Permit, indicating completion of construction in excess of one (1) year; or

b.

The developer furnishes the Development Administrator satisfactory evidence in writing that the delay is due to the unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in specifications; or

c.

The delay is due to delay in delivery of construction supplies or materials: or

d.

The delay is due to fire, weather conditions, civil commotion, or strike or due directly or indirectly to pendency of judicial or quasi-judicial proceeding.

Increased cost of building materials or supplies or financial hardship shall not be considered by the Development Administrator as cause for continuation of the Building Permit. Subject to the provisions of Article III, Section 3.01.02, Expiration of Certificate of Concurrency, the time may be extended by the Development Administrator.

2.

In order to continue construction once a Building Permit becomes null and void or expires, the permittee shall reapply and obtain a new Building Permit covering the proposed construction before proceeding with construction. The permittee shall comply with all regulations in existence at the time application is made for a new Building Permit.

3.

Except as provided in Section 1.08.00, any Building Permit issued prior to the effective date of this Code shall expire and become null and void eighteen (18) months from the date of issuance thereof unless construction is delayed for reasons enumerated in Section 10.06.02(B)(1), and the contractor so notifies the Development Administrator in writing in accordance with section 10.06.02(B)(1) provided a schedule maybe submitted for approval within thirty (30) days from the effective date of this Code for any construction presently underway requiring in excess of eighteen (18) months to complete.

4.

Signs must be placed within six (6) months of obtaining the permit or the permit is voided, and a new permit must be issued unless the permit is extended by the Development Administrator. Final inspection must be called for by the applicant within the six-month time period, or the permit is voided. Identification numbers issued with Sign Permits must be displayed on the sign itself. Sign permits need not be renewed as long as the sign exists in its approved form in the same location.

5.

Licensed real estate brokers or contractors may obtain multiple permits for signs with each sign requiring a permit.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Any person seeking to construct or reconstruct any curb cut or driveway on any County maintained public road or connect any roadway (public or private) to a County maintained public roadway within Washington County shall submit a permit application to the County Road and Bridge Department.

B.

Contents. The original and two (2) copies of the permit application shall be submitted to the Road and Bridge Department and include the following information:

1.

Name and address of the owner of the property on which the driveway is proposed to be located.

2.

Except for one- and two-family residences, a set of detailed plans for the proposed driveway or curb cut (including the site development plan if applicable).

3.

Except for one- and two-family residences, estimated cost of the alteration.

4.

Approval from the Florida Department of Transportation if applicable.

5.

Payment of the applicable fee.

6.

All other information deemed necessary by the Road and Bridge Department for the reasonable review of the proposed driveway and/or roadway connection.

C.

Procedure for Review of Driveway Permit replications. The permit for said driveway and/or roadway connection shall be reviewed in accordance with the Washington County Board of County Commissioners Operational Policy Manual and the policies and procedures of the Washington County Road and Bridge Department.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Temporary uses and structures are permitted subject to the standards hereinafter established provided that a permit for such use or structure is obtained from the Planning Department. Temporary real estate sales offices and construction trailers located on the same parcel as the development may be approved as part of a Building Permit application. Temporary sales offices in new subdivisions must comply with the Standard Building Code and the parking area must comply with the landscaping regulations of this Code. One (1) or more construction trailers may only be permitted for a specified period of time provided they are located off the public right-of-way. Construction trailers are not required to comply with Building Code requirements. However, the building must provide reasonable safety for the intended use and additional permits for electrical or plumbing shall be obtained as necessary to. serve the temporary building.

B.

Permissible Temporary Uses and Structures. Permissible temporary uses and structures requiring a Temporary Use Permit include the following:

1.

Indoor and outdoor art and craft shows, bazaars, carnivals, revivals, circuses, sports events, and exhibits provided that no more than six (6) events of a maximum of five (5) days each are conducted on the same property during any calendar year.

2.

Christmas tree sales provided that no such use shall exceed sixty (60) days.

3.

Other temporary uses and structures which are, in the opinion of the Development Administrator, consistent with the Comprehensive Plan and the provisions of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The procedures in this part shall be followed in amending this Code and the Comprehensive Plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Any person, board or agency may apply to the Planning Department to amend this Code or the Comprehensive Plan in compliance with procedures prescribed by the Planning Department.

B.

Submittals.

1.

Generally. The application shall include the following information:

a.

The applicant's name and address;

b.

If the application requests an amendment to the text of this Code, the precise wording of any proposed amendments to the text of this Code shall be provided;

c.

A statement describing any changed conditions that would justify an amendment;

d.

A statement describing why there is a need for the proposed amendment;

e.

A statement describing whether and how the proposed amendment is consistent with the Washington County Comprehensive Plan;

f.

A statement outlining the extent to which the proposed amendment:

(1)

Is compatible with existing land uses;

(2)

Affects the capacities of public facilities and services;

(3)

Affects the natural environment;

(4)

Will result in an orderly and logical development pattern.

g.

If the application requests an amendment to the Future Land Use Map, the applicant shall include:

(1)

The street address and legal description of the property proposed to be reclassified;

(2)

The applicant's interest in the subject property;

(3)

The owner's name and address, if different than the applicant;

(4)

The current land use district classification and existing land use activities of the property proposed to be reclassified;

(5)

The area of the property proposed to be reclassified, stated in square feet or acres.

h.

Such other information or documentation as the Development Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

2.

Special Provisions for Amendments to Traffic Circulation Element. A statement of findings shall be submitted as part of the application package for an amendment to the Traffic Circulation Element of the Washington County Comprehensive Plan. Such statement shall support the requested change. The contents of such statement shall be determined in a pre-application conference with the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Washington County Comprehensive Plan, the Board of County Commissioners and the Planning Commission shall consider:

A.

Whether the proposed amendment is in conflict with any applicable provisions of this Code;

B.

Whether the proposed amendment is consistent with all elements of the Washington County Comprehensive Plan;

C.

Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses;

D.

Whether there have been changed conditions that require an amendment;

E.

Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools, and emergency medical facilities;

F.

Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;

G.

Whether and the extent to which the proposed amendment would adversely affect the property values in the area;

H.

Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

I.

Whether the proposed amendment would be in conflict with the public interest, and in harmony with the purpose and interest of this Code; and

J.

Any other matters that may be deemed appropriate by the Planning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Submission and Completeness. Within twenty (20) days after an application for an amendment to the text of this Code or an application for an amendment to the Washington County Comprehensive Plan is submitted, the Development Administrator shall determine whether the application is complete. If the application is not complete, he/she shall send a written statement specifying the application's deficiencies to the applicant by mail. The Development Administrator shall take no further action on the application unless the deficiencies are remedied.

B.

Review. When the Development Administrator determines an application for an amendment to the text of this Code or an application for an amendment to the Washington County Comprehensive Plan is complete, he/she shall review the application, make a recommendation to the Planning Commission, and notify the Planning Commission that the application is complete.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Public Hearing. Upon notification of the completed application for an amendment to the text of this Code or an application for amendment to the Washington County Comprehensive Plan, the Planning Commission shall place it on the agenda of the regular meeting for a public hearing in accordance with the requirements of Section 10.02.08. The public hearing held on the application shall be in accordance with Section 10.02.09. In recommending the application to the Board of County Commissioners, the Planning Commission shall consider the standards in Section 10.07.03.

B.

Final Action by Planning Commission. At the conclusion of the public discussion, the Planning Commission shall make a recommendation to grant or deny the application for amendment to the Board of County Commissioners. Such recommendation shall:

1.

Identify any provisions of the Code, Comprehensive Plan, or other law relating to the proposed change and describe how the proposal relates to them.

2.

State factual and policy considerations pertaining to the recommendation.

3.

In the case of proposed amendments to this Code, include the written comments, if any, received from the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Upon receipt of the recommendation of the Planning Commission, the Board of County Commissioners shall place the application on the agenda of a regular meeting of the Board of County Commissioners for a public hearing in accordance with the requirements of Section 10.02.08.

B.

In making a decision on the application, the Board of County Commissioners shall consider the recommendation of the Planning Commission and the standards in Section 10.07.03.

C.

At the conclusion of the public discussion, the Board of County Commissioners shall either grant or deny the application for a proposed amendment.

D.

Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed in the Planning Department in accordance with Section 10.02.09.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

After a decision or recommendation denying a proposed amendment to the text of this Code or a proposed amendment to the Washington County Comprehensive Plan, the Board of County Commissioners and the Planning Commission shall not consider an application for the same amendment for a period of two (2) years from the date of the action.

B.

The time limits of this Section may be waived by the affirmative vote of four (4) members of the Board of County Commissioners when such action is deemed necessary to prevent injustice or facilitate the proper development of the County.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A developer or any adversely affected person may appeal an order, decision, determination, or interpretation of the Planning Department subject to an appeal, specifying the grounds for the appeal. Appeals are made to the Planning Commission by filing a notice of appeal with the Planning Department within thirty (30) days of the decision.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A developer, an adversely affected party, or any person who appeared orally or in writing before the Planning Commission and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision of the Planning Commission to the Board of County Commissioners.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The record to be considered on appeal shall be all written materials considered during the initial decision, any additional written material submitted by the appellant to the County, and any testimony considered on the hearing of the appeal.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the Development Administrator certifies to the Planning Commission that by reason of certain facts, a stay would pose an imminent peril to life or property; in such case the appeal will not stay further proceedings except by a restraining order.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

The Appellate Board (Planning Commission or Board of County Commissioners, whichever the case may be) shall hold a hearing on the appeal within a reasonable time after a notice of appeal is filed. The appellant shall be notified by the Development Administrator of the time, date, and place of the public hearing by certified mail, return receipt requested. Tire Appellate Board shall reverse the order, decision, determination, or interpretation only if there is substantial competent evidence in the record that an error was made in the decision being appealed from that fails to comply with the requirements of this Code. In so modifying such decision, the Appellate Board shall be deemed to have all powers of the officer or board from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

B.

The decision of the Appellate Board shall be mailed to all parties by the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Any person, firm, organization, or agency claiming to be injured or aggrieved by any final action of the Development Administrator, Planning Commission or Board of County Commissioners arising from the decision-making or administration of this Code may present to the Circuit Court of Washington County a petition for a writ of certiorari to review such final action as provided by the Florida Appellate Rules. Such action shall not be taken until the litigant has exhausted all the remedies available in this Code. Such petition shall be presented to the Court within thirty (30) days after the date the litigant has exhausted all such Code remedies.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

When a development order and/or permit is under appeal, the time required for final disposition of such appeal shall not be construed adversely to the holder of the development order and/or permit.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A schedule of fees shall be established by resolution of the Board of County Commissioners in order to cover the costs of technical and administrative activities required pursuant to this Code. Unless specifically exempted by the provisions of this Code, an applicant for any development that is subject to the rules and regulations set out in this Code shall bear the costs stipulated within such fee schedule.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Minor Deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

1.

Alteration of the location of any road, walkway, landscaping, or structure by not more than one-half (½) the width of the right-of-way.

2.

Reduction of the total amount of open space by not more than five (5) percent, or a reduction of the yard area or open space associated with any single structure by not more than five (5) percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code.

B.

Major Deviations. A major deviation is a deviation other than a minor deviation, from the final development plan.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Inspection. The Planning Department shall implement a procedure for periodic inspection of development work in progress to ensure compliance with the development permit which authorized the activity.

B.

Minor Deviations. If the work is found to have one (1) or more minor deviations, the Planning Department shall amend the development order to conform to actual development, Tire Planning Department may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the Planning Commission for treatment as a major deviation.

C.

Major Deviations.

1.

If the work is found to have one (1) or more major deviations, the Planning Department shall:

a.

Place the matter on the next agenda of the Planning Commission, allowing for adequate notice, and recommend appropriate action for the Planning Commission to take.

b.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the Planning Department determines that work or occupancy may proceed pursuant to the decision of the Planning Commission.

c.

Refer the matter to the Code Inspector, it if appears that the developer has committed violations within the jurisdiction of the Code Enforcement Board.

2.

The Planning Commission shall hold a public hearing on the matter and shall take one (1) of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonable anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty and shall be consistent with the intent and purpose of the development approval given and the requirements of this Code.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

D.

Action of Developer After Revocation of Development Order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

Upon completion of work authorized by a development order or permit, and before the development is occupied, the developer shall apply to the Planning Department for a Certificate of Occupancy. The Planning Department shall inspect the work and issue the Certificate if found to be in conformity with the permit or order.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

The Code Enforcement Department's intentions, pursuant to F.S. ch. 162, are to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards or Special Magistrate Judge with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

(1)

Local governing body means the governing body of the county or municipality, however designated.

(2)

Code Enforcement Officer means any authorized agent or employee of the county or municipality whose duty it is to enforce code and ordinances to bring about compliance.

(3)

Local governing body attorney means the legal counselor for the county or municipality.

(4)

Enforcement board means a local government code enforcement board.

(5)

Special Magistrate Judge means a Magistrate acting in place of an Enforcement Board.

(6)

Repeat violation means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five (5) years prior to the violation, notwithstanding the violations occur at different locations.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

It shall be the duty of the Code Enforcement Officer to initiate enforcement proceedings of the various codes. No member of the Code Enforcement Board or Special Magistrate Judge may initiate enforcement proceedings.

A Code Enforcement Officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. A Code Enforcement Officer may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the respective local government before an enforcement proceeding may occur. This paragraph does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

B.

The Code Enforcement Officer shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the Code Enforcement Officer may issue a citation for the violation or shall notify the Code Enforcement Board or Special Magistrate Judge and request a hearing. If a violation presents a serious threat to the public health, safety, and welfare, the Code Enforcement Officer shall immediately take the case before the Code Enforcement Board or Special Magistrate Judge, even if the violator has not been notified.

C.

Written notice of the Request for Hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

D.

After a case is set for hearing, the Secretary to the Code Enforcement Board or Special Magistrate Judge shall issue subpoenas as requested by the Code Enforcement Officer and the alleged violator. Subpoenas may be served by the Sheriff of Washington County. The County shall pay all costs of issuing and serving up to and including four (4) subpoenas requested by any party. Should a party request more than four (4) subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four (4).

E.

Hearings before the Code Enforcement Board or Special Magistrate Judge shall be conducted as follows:

1.

The Secretary shall read the Statement of Violations and Request for Hearing.

2.

The alleged violator shall be asked if he wishes to contest the charges.

3.

The County shall present its case and alleged violator shall present his case. The County's case shall be presented by an attorney representing the County or by a member of the administrative staff of the County, the alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

4.

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded.

5.

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

6.

Both parties may cross-examine witnesses and present rebuttal evidence.

7.

The Board or Special Magistrate Judge and its attorney may call or questions any witness.

8.

After all evidence has been submitted, the Chair or Special Magistrate Judge shall close presentation of evidence.

9.

The Board or Special Magistrate Judge shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the Board or Special Magistrate Judge shall adjourn and reconsider the matter as soon as possible at a time and date certain.

10.

A decision of the Board must be approved by at least four (4) members of the Board or Special Magistrate Judge. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the Board or Special Magistrate Judge.

11.

The decision shall be announced as an oral order of the Board or Special Magistrate Judge and shall be reduced in writing within ten (10) days and mailed to the parties.

12.

The Board or Special Magistrate Judge may, at any hearing, order the reappearance of a party at a future hearing.

F.

The Code Enforcement Board or Special Magistrate Judge, upon finding a violation, shall issue an Order to Comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed two hundred fifty dollars ($250.00) for each day the violation continues past the specified compliance date.

G.

After an order has been issued by the Code Enforcement Board or Special Magistrate Judge and a date for compliance has been set, the Code Enforcement Officer or other designated County official shall make a reinspection to determine compliance or noncompliance with the order.

H.

The inspector shall file an affidavit of compliance or noncompliance with the Secretary of the Code Enforcement Board or Special Magistrate Judge, and a copy shall be sent to the violator by certified mail, return receipt requested.

I.

If the Development Administrator files an affidavit of compliance, the Secretary of the Code Enforcement Board or Special Magistrate shall close the file and so report to the Board.

J.

If the Code Enforcement Officer files an affidavit of noncompliance with the Secretary of the Code Enforcement Board. The Board or Special Magistrate Judge may order the violator to pay the fine as specified in the Board's or Special Magistrate Judge's order.

K.

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, or personally served upon the violator.

L.

If a fine remains unpaid for a period of fourteen (14) days, a certified copy of the order imposing the fine shall be recorded in the Official Records of Washington County, which shall thereafter constitute a lien against the land on which the violations exists, pursuant to F.S. § 162.09, or if the violator does not own the land, upon any other real or personal property owned by the violator, and may be enforced in the same manner as a court judgement by the sheriffs of this State, including levy against personal property. After the lien is imposed, the County may assess the reasonable cost of abating the violation against the property pursuant to the Uniform Assessment Collection Act and Chapter 62 of the Code of Ordinances. If the County adopts an assessment against the property, the portion of the lien that constitutes the reasonable cost of abatement shall be released. If the fine remains unpaid for a period of one (1) year following the date the lien was filed, the Board or Special Magistrate Judge may authorize the County Attorney to foreclose on the lien.

M.

In addition to the penalties prescribed above, the Code Enforcement Board or Special Magistrate Judge shall:

1.

Direct the Development Administrator not to issue any subsequent development orders for the development until the violation has been corrected.

2.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. If the Planning Department determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

B.

Lot Sales Limited to Approved Subdivision. It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to or exhibition of or by other use of a plat or subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by these regulations and recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be deemed guilty of a misdemeanor and shall be punishable as provided in this Section.

C.

False Representation as to Maintenance Responsibility. Any owner or agent of the owner who falsely represents to a prospective purchaser of real estate that any facilities and services such as roads and streets, sewers, water systems or drainage facilities will be built, constructed, or maintained by Washington County shall be deemed guilty of a misdemeanor and shall be punishable as provided by law.

D.

Civil Remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the Development Administrator, through the County Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

E.

Criminal Penalties. Any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)