124.60(A)   Unless otherwise required by law, no license or permit shall be issued by any department, agency or official of the City for the Use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity that would involve or constitute a violation of these zoning regulations.

   124.60(B)   New Construction or Use of land. The construction of any new Building or Structure or the initiation of any Use of presently unused property shall conform to all of the applicable provisions of these zoning regulations.

   124.60(C)   Additions to an existing Building . Additions to an existing Building shall comply with the provisions of these zoning regulations

   124.60(D)   Rehabilitation of existing Buildings . The rehabilitation of an existing Building shall comply with the provisions of these zoning regulations.

   124.60(E)   Change of Use for existing Building and/or land. Any change of the Use of a Building or property shall comply with the provisions of these zoning regulations.

(Ord. 2010-21, passed 10-4-2010)

   The City Manager shall assign the responsibility of enforcement and implementation of the provisions of these zoning regulations to the appropriate employees or agents of the City .

(Ord. 2010-21, passed 10-4-2010)

   124.62(A)   A petition for change of text or zoning district may be submitted by any of the following:

   124.62(A)(1)   City Commission ;

   124.62(A)(2)   City Manager ;

   124.62(A)(3)   City Attorney ; or

   124.62(A)(4)   An Owner of property in the City .

   124.62(B)   All petitions shall be on forms provided by the City Manager .

   124.62(C)   Public notice shall be provided consistent with the requirements stated in the Land Development Chapter.

   124.62(D)   Review criteria. In order to approve a text amendment or change of zoning district the City Commission must find that the petition complies with each of the following criteria. The Applicant is required to provide a report at the time the petition is filed which includes documentation that the petition complies with each of the below criteria:

   124.62(D)(1)   The amendment is consistent with the Comprehensive Plan;

   124.62(D)(2)   The proposed change will result in Development that is consistent in scale and character with those within 300 feet of the site;

   124.62(D)(3)   The resulting boundaries of the zoning district are logically drawn;

   124.62(D)(4)   The proposed change will not reduce property values in the City ;

   124.62(D)(5)   The proposed change will enhance the quality of life in the City ; and

   124.62(D)(6)   There are substantial and compelling reasons why the proposed change is in the best interests of the City .

(Ord. 2010-21, passed 10-4-2010)

   The City Commission is hereby authorized to impose fees for the filing and processing of zoning and planning applications, including applications for variances, special exceptions, razoring, appeals of administrative interpretations and other zoning related services and all amendments thereto provided by the City Manager . Such fees shall be set and may be amended from time to time by resolution of the City Commission .

(Ord. 2010-21, passed 10-4-2010)

   124.64(A)   Nothing in this Chapter or Chapter 125 shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation or the abrogation of vested rights. Any property Owner alleging that this Chapter or Chapter 125, as applied, constitutes or would constitute a temporary or permanent taking of private property or of an abrogation of vested rights must affirmatively demonstrate the legal requisites of the claim and may not pursue such a claim in court or before the City Commission , unless he or she has first exhausted the remedies as provided in this Section.

   124.64(B)   Prior to pursuing a claim in court or before any argument is made or evidence is presented to the City Commission regarding an alleged taking of private property or an abrogation of vested rights, the property Owner shall file an application with the City Manager for a takings or vested rights determination. The application shall be accompanied by a fee as set by resolution of the City Commission and contain a sworn statement as to the basis upon which the alleged taking or vested rights are asserted. The City Commission , after a public hearing, shall make a written determination as to whether the property Owner has established a temporary or permanent taking of private property or an abrogation of vested rights.

(Ord. 2010-21, passed 10-4-2010)

   When a requested Use is not specifically listed as either a permitted Use , prohibited Use or special exception in a zoning district the City Manager shall determine, based upon the character and intensity of the Use , to which listed Use (permitted, prohibited or special exception) it is most similar and shall treat the requested Use in the same manner as the similar Use .

(Ord. 2010-21, passed 10-4-2010)

   All applications for Building permits that relate to Construction that would add to or alter the square footage of Lot coverage, or relate to fences, decks, Monument Signs or driveways, shall be accompanied by a survey and plan drawn to scale showing the actual dimensions of the Lot to be built upon, the size of the Structure to be erected, the Setback lines observed, and such other information as may be requisite and necessary to provide for the enforcement of these regulations. A survey required by this section shall be dated less than one year from the date of the application for Building permit and prepared by a Florida Professional Surveyor and Mapper, certified as to meeting the requirements of the applicable section of the Florida Administrative Code, reflecting existing natural features, such as topography, vegetation, existing paving, existing Structures , and water bodies. Notwithstanding the foregoing, an Applicant for a Building permit for a Property on which a single-family home is located may submit a survey that is dated more than one year from the date of the application for the Building permit as long as the Applicant owned the Property as of the date of the survey and the Applicant provides an affidavit that no changes occurred on the Property since the date of the survey that would alter the survey.

(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2018-15, passed 11-19-2018; Am. Ord. 2021-04, passed 7-6-2021)

   No land shall be occupied or used and no Building erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate Of Occupancy , a temporary Certificate Of Occupancy or certificate of completion shall have been issued by the Chief Building Official, stating that the premises or Building complies with all the provisions of these regulations and the applicable codes.

(Ord. 2010-21, passed 10-4-2010)

   124.68(A)   Generally. No Use for which a Business Tax Receipt is required shall be commenced in any zoning category or district unless a certificate of Use has been issued indicating that the proposed Use is a permitted Use within the district or zoning category, and that the proposed occupancy is similar in nature, function or operation to the Uses as categorized by the Florida Building Code as most recently adopted.

   124.68(F)(1)   The City has reasonable grounds to believe that the premises are being used in a manner that is inconsistent with, or contrary to, the provisions of the City Code or any other applicable code or statute.

   124.68(F)(2)   In the event of a conviction of any Owner , operator, manager, supervisor, or any employee acting at the direction or with the knowledge of the Owner , operator, manager, or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the business operation.

   124.68(F)(3)   It has been ascertained that the holder of the certificate of Use falsified any information on the application for the certificate of Use .

   124.68(F)(4)   The holder of the certificate of Use , or the holder’s designated manager, operator, or supervisor, refuses to permit an authorized law enforcement officer or code enforcement officer to inspect the premises during normal business hours for the purpose of investigating a complaint which has been filed against the business operation.

   124.68(G)(1)   The notice shall state the following:

      THE HOLDER OF THE CERTIFICATE OF USE SHALL HAVE TEN (10) DAYS FROM THE DATE OF THIS NOTIFICATION TO EITHER BRING THE PREMISES INTO COMPLIANCE OR TO REQUEST A HEARING, IN WRITING, BEFORE THE CITY COMMISSION.

      IF THE VIOLATION IS NOT CURED OR IF NO WRITTEN REQUEST FOR A HEARING IS RECEIVED BY THE CITY OF WESTON WITHIN TEN (10) DAYS OF THE DATE OF THIS NOTIFICATION BY THE CERTIFICATE HOLDER, THE CERTIFICATE OF USE SHALL BE CONSIDERED REVOKED.

   124.68(G)(2)   If the holder of the certificate of Use requests a hearing before the City Commission , the certificate of Use shall remain in effect during the pendency of the action before the City Commission .

(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2016-11, passed 6-20-2016)

   Any substantially affected Person may appeal an order, decision or interpretation in the enforcement of the regulations of this Chapter and Chapter 125 subject to the following:

   124.69(A)   The appeal shall be in writing, specifying the grounds thereof on forms as provided by the City Manager .

   124.69(B)   The appeal shall be filled with the City Manager within 30 days of the date the administrative decision is made.

   124.69(C)   The City Commission shall hear and rule upon the appeal after a public hearing.

   124.69(D)   Public notice, as required by § 125.06, shall be provided of the hearing at which the appeal will be heard.

(Ord. 2010-21, passed 10-4-2010)