(a)

If the ZO shall find that any of the building provisions of this LDC are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it.

(b)

The ZO shall order discontinuance of use of land or buildings, removal of buildings, additions or other structures, discontinuance of any work being done, or shall take any other action necessary to ensure compliance with this LDC.

(Code 2015, ch. 21, § 21.7.1)

(a)

All applications for zoning compliance shall be accompanied by three sets of duplicate plans, drawn to scale.

(b)

The application shall include such other information as may be required by the ZO, including, but not limited to, the following:

(1)

Existing or proposed uses of the building and land;

(2)

The number of families or housekeeping units the building is designed to accommodate;

(3)

Conditions existing on the lot and neighboring lots; and

(4)

Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this LDC.

(c)

Two copies of such plans and the approved application shall be returned to the applicant.

(d)

One copy of the plan and application shall be kept in the office of the ZO.

(e)

All applications for zoning compliance shall include the following information, unless otherwise noted by the ZO:

(1)

A complete legal description of the affected property;

(2)

The ownership of the property, including all owners if more than one;

(3)

A written narrative detailing the uses, including existing and proposed;

(4)

A site plan describing the following:

a.

The entire property owned and to be developed;

b.

The location on the property of all existing and proposed improvements;

c.

The elevations of the first floor of the proposed construction;

d.

The maximum building height;

e.

The distance of all improvements from the property lines involved.

(5)

Detailed site plans are required for any major project development. (See also article XVI of this LDC.)

(6)

Approved certificate of zoning compliance.

a.

The ZO shall not issue a certificate of zoning compliance until compliance with all LDC requirements, consistency with the comprehensive plan, and all criteria on application forms are met.

b.

The ZO shall make available separate application forms for residential development, commercial development, and concurrency management.

(7)

Development proposals and site plans for projects west of the CR 40 and 40A intersection shall identify known historical and archaeological sites based upon competent historical or archaeological professional review.

(8)

Demonstration that appropriate permits for on-site wastewater treatment systems have been obtained from the county health department and other federal, state, and local agencies.

(9)

Demonstration that applicable surface water and/or stormwater permits have been obtained or are pending from SWFWMD if required; or a letter from that agency indicating no permits are needed.

(10)

Site plans shall show any necessary water, drainage, and street improvements, and the nature and extent of earthwork required for site preparation and development.

(11)

Demonstration that soils, topography, and vegetative cover have been integrated in planning.

(12)

For developments in which hazardous wastes are proposed to be stored, generated or transported, the following shall be included as part of the site plan:

a.

An emergency response plan addressing accidents involving hazardous waste;

b.

Documentation that the location of the proposed site is not within 500 feet of the town's wellfields;

c.

Documentation that the site will not degrade surface water or groundwater quality, or other natural resources;

d.

Documentation that department of regulation standards for transfer and storage are implemented consistent with F.A.C. ch. 17-730;

e.

Documentation that a "Notification of Hazardous Waste Activity" permit has been filed with the environmental protection agency.

(13)

Location of proposed driveways.

(14)

If development activity includes a dock, seawall or riprap, or other activity in a wetlands or water body, the applicant shall also provide a copy of any and all documentation or information that has been provided to, or received from, any applicable state, regional or federal agency, including the State of Florida Department of Environmental Protection (DEP), the Southwest Florida Water Management District (SWFWMD) and United States Army Corps of Engineers (ACOE).

(Code 2015, ch. 21, § 21.7.2; Ord. No. 2020-03, § 1, 9-14-2020)

(a)

No building or other structure shall be erected, moved into or within the town, added to, or structurally altered without a permit issued by the ZO.

(b)

All applications for zoning compliance shall be in accordance with the requirements of this LDC.

(c)

Unless upon written order of the BOA, no building permit shall be issued except in complete conformity to the provisions of this LDC.

(Code 2015, ch. 21, § 21.7.3)

(a)

No land shall be used or occupied, building hereafter erected, structurally altered, moved or extended, or land or building change use until a certificate of occupancy has been issued by the building inspector or ZO.

(b)

A certificate of occupancy shall only be issued if construction and development is completed in full compliance with the provisions of this Code and any conditions placed on any applicable zoning approvals by the ZO, P and Z, BOA, or town council.

(c)

The ZO shall issue a certificate of occupancy for those projects that require zoning compliance review but that do not require a county building permit.

(d)

The ZO shall maintain a record of all certificates of occupancy, and copies shall be furnished upon request to any person having an interest as a proprietor or tenant in the building affected.

(Code 2015, ch. 21, § 21.7.4)

(a)

A zoning compliance certificate, variance, special exception, conditional use or any other development approval, or building permit issued on the basis of faulty applications or plans, shall be null and void immediately upon discovery.

(b)

When a development permit or approval, or building permit, is issued through administrative error, the error shall be called to the attention of the permit holder upon discovery, in writing by the building or ZO.

(1)

If the error is not voluntarily corrected in a timely manner, as set by the building official or ZO, the matter shall be brought to the immediate attention of code enforcement, the BOA and the town council.

(2)

The town shall take such lawful actions, as is appropriate and deemed necessary including revocation of the erroneous permit, code enforcement or by filing an action in a court with the appropriate jurisdiction.

(c)

The ZO is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or based on incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any provisions of this Code.

(d)

Misrepresentation of application. The ZO may revoke a permit or approval, issued under the provisions of this Code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

(e)

Violation of code provisions. The ZO may revoke a permit upon determination by the ZO that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this Code.

(f)

A permit or certificate of use issued in error shall not confer any rights to construction or occupancy, and upon a finding that a permit has been so issued, it shall be revoked.

(g)

No permit or certificate of use shall be deemed or construed to authorize violation of any provisions of this zoning ordinance, and such permits or certificates shall be deemed or construed to be valid only to the extent that the work authorized is lawful.

(Code 2015, ch. 21, § 21.7.5)

(a)

Building permits shall expire in accordance with county building department regulations.

(b)

Renewing a building permit requires renewal of the zoning compliance also.

(c)

Zoning compliance certificates shall expire two months after issue if no building permit has been received by applicant.

(d)

If no permit is required, zoning compliance shall expire:

(1)

Two months from date of issue if no work has started; or

(2)

One year from date of issue if work is not complete.

(e)

Written notice shall be given to applicant if zoning compliance expires.

(f)

Building permit extensions issued by the county require notification of the ZO.

(g)

Zoning compliance certificates may be extended by the ZO if proof of significant effort is shown.

(1)

The extended permit may include limitations as to the time allowed for completion of the work.

(2)

The extended permit may include provisions for a performance bond to ensure such completion within the time limit set.

(Code 2015, ch. 21, § 21.7.6)