8.01.01 Development Director. The Development Director shall supervise and administer all staff activities regarding comprehensive planning, zoning, development review, issuance of permits, and code enforcement. He shall perform duties prescribed by this Code, as well as any others assigned by the Town Manager. The Development Director shall be duly qualified for these responsibilities through appropriate education and work experience. The Development Director shall have a thorough knowledge of the provisions of the Comprehensive Plan and this Code, and shall have the authority to interpret the intent and meaning of this Code in situations where its applicability is not clear. Appeals of administrative decisions of the Development Director may be made to the Zoning Board of Adjustment.

Other specific duties of the Development Director are as follows:

(A)

Advise and cooperate with the Town Manager in the implementation, amendment and enforcement of this Code and the Comprehensive Plan.

(B)

Attend all public hearings at which zoning and comprehensive planning matters are discussed, including meetings of the Planning and Zoning Board, Zoning Board of Adjustment, and Town Commission. He will attend meetings of the Code Enforcement Board when necessary.

(C)

Accept and process all applications for amendments to the Comprehensive Plan, zoning actions, and variances.

(D)

Certify the accuracy of the Official Zoning Map and amendments thereto.

(E)

Collect and account for all required application fees for zoning actions.

(F)

Grant such administrative approvals as are allowed under the provisions of this Code.

(G)

Receive applications and application fees for Site Development Plan, subdivision plat, Conditional Uses approval and others as identified in this Code.

(H)

Evaluate each proposed Site Development Plan, subdivision plat, and Conditional Uses for consistency with this Code and the Comprehensive Plan and other regulations as identified in this Code.

(I)

Evaluate each application for a development order, including building permits, to determine whether it meets applicable Concurrency requirements.

(J)

Ensure that all time limits prescribed by this Code are met.

(K)

Monitor the progress of all development applications through the review process and be available to respond to inquiries from interested persons.

(L)

Any other duties assigned by the Town Manager.

8.01.02 Building Director. The Building Director shall be responsible for review of building construction plans, the issuance of building permits and certificates of occupancy, and the inspection of construction sites and buildings under construction. He shall have a working knowledge of the Florida Building Code and be familiar with electrical, fire, zoning and other codes having a bearing on building construction in the Town of Zolfo Springs. The Building Official shall be duly qualified for these responsibilities through appropriate certification, education, and work experience. Alternatively, the Town may retain a licensed professional contractor/builder on a part-time basis to perform technical review of building activities.

The Development Director and/or Building Director shall have the authority to approve the following, subject to conditions set forth below and in applicable provisions of this Code:

(A)

Setback Adjustments. In single family land use classifications only, the Development Director and/or Building Director may approve reduction of side and rear setbacks for principal and accessory structures (excluding swimming pools) by no more than 10% subject to the following conditions:

(1)

The setback requirement is established by the land use classification and no other section of this Code;

(2)

The total structural coverage of the lot or building site shall not exceed 25%;

(3)

The approval would not result in the encroachment of a structure into an existing utility or drainage easement held by the Town;

(4)

A certified survey shall be submitted by the applicant verifying building locations and structural coverage;

(5)

A statement of no objection shall be provided with notarized signatures of owners of all contiguous properties.

At his discretion, the Development Director may deny the request and refer the application to the Zoning Board of Adjustment as a variance.

(B)

Temporary Office or Construction Trailer. The Development Director and/or Building Director may authorize the use of a mobile home or other temporary structure not meeting the requirements of the Florida Building Code at the construction site of an approved Site Development Plan. The temporary structure may be used only as an office, tool shed or other facility in support of construction work, and shall not be used for living accommodations, for sales/rental of lots or offices, or for any other purpose.

The applicant shall designate the exact location of the temporary structure on the Site Development Plan, and shall place it only in the approved location. The temporary structure shall not be installed prior to issuance of the building permit for the development site, and shall be removed upon expiration of the building permit or issuance of the Certificate of Occupancy, whichever comes first. If a mobile home is to be used, the wheels and axles shall not be removed.

(C)

Temporary Mobile Home for Use During Construction of a Residence. The Development Director and/or Building Director may authorize the use of a mobile home as a temporary residence during construction of a permanent residence under the following conditions:

(1)

The lot or building site is at least one-half (½) acre in size;

(2)

The applicant has received approval of a building permit for construction of a single family residence on the property;

(3)

The mobile home shall be placed at least 20 feet from all lot lines, and ten feet from any other existing or planned structure.

(4)

The mobile home must be connected to a public sewer system or, upon approval of the Development Director, have received a septic tank permit from the Hardee County Health Department.

(5)

Wheels and axles shall not be removed.

(6)

The mobile home shall be removed from the building site within 30 days of the Certificate of Occupancy for the permanent residence, or at the end of a six month period commencing at the date of its installation, whichever comes first.

(7)

This administrative approval may not be renewed or granted a second time for the same building site.

(D)

Commercial Use Zoning Permits for Occupational Licenses. The Development Director shall issue a Commercial Use Zoning Permit to each applicant for an occupational license within the Town. This permit shall not attest to the applicant's ownership or legal right to make use of the property, but shall serve only as notice to the Town Clerk that the proposed business is a permitted use at the specified location. The owner(s) of the property, if different from the applicant, may request revocation of the Commercial Use Zoning Permit at any time.

(1)

The applicant shall provide:

a.

A description of the proposed or existing business;

b.

Exact legal description and address of the property on which the business will be located; and,

c.

Floor area of the building in which the business will operate.

(2)

Commercial Use Zoning Permits shall not be granted for property without an existing structure at least 300 s.f. in size.

(3)

The Development Director may revoke a Commercial Use Zoning Permit if it is determined that the applicant provided incorrect information prior to approval.

(4)

In cases where the business is a nonconforming use, the applicant must provide documentation or otherwise satisfy the Development Director that the commercial operation was established legally and meets all the requirements of Section 7.11.00 (Nonconformities)

8.03.01 Planning and Zoning Board/Zoning Board of Adjustment

(A)

Functions, Powers and Duties of Planning and Zoning Board

(1)

Act as Local Planning Agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, F.S., and perform all functions and duties prescribed in the statute.

(2)

Advise and make recommendations to the Town Commission regarding applications for amendments to the Comprehensive Plan or the Official Zoning Map and requests for Conditional Uses or other special designations on property within the Town.

(3)

At the request of the Development Director, interpret and determine the intent of provisions of this Code that are unclear or in conflict with other regulations.

(4)

Consider the need for revision or addition of regulations in this Code, and recommend changes to the Town Commission.

(5)

Consider the need for revision of the Comprehensive Plan, and recommend changes to the Town Commission.

(6)

Other duties as assigned by the Town Commission.

(B)

Functions, Powers and Duties of Zoning Board of Adjustment

(1)

To authorize specific variances from appropriate provisions of this Code as will not be contrary to the public interest, in cases where literal enforcement of the Code will result in unnecessary hardship for the applicant.

(2)

To hear and decide upon appeals of administrative decisions where it is alleged there is an error in an order, requirement or policy of Town staff. The Board may reverse or affirm, wholly or in part, the order, requirement or policy of the administrative official.

(C)

Appointment of Members

(1)

The Planning and Zoning Board/Zoning Board of Adjustment shall have five members, to be recommended by the Chair of the Town Commission and approved by the Town Commission. In addition, the Planning and Zoning Board shall include a representative of the school district appointed by the school board as a nonvoting member to attend those meetings at which the Board considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application.

(2)

Each voting member of the Planning and Zoning Board shall reside in the Town.

(3)

Each member shall be appointed to a six year term.

(4)

The terms of all appointments shall expire on December 1.

(5)

If a position becomes vacant before the end of a term, the Town Commission shall appoint a substitute member to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is qualified and appointed.

(6)

Members may be removed by a majority vote of the Town Commission.

(7)

At the first meeting held after December 1 of each even year, the Board shall elect a Chairman, Vice-Chairman and such other officers as deemed necessary. The Chairman, or in his absence the Vice-Chairman, shall preside over all meetings of the Board. Officers shall serve terms of one year.

(8)

The Chairman will establish subcommittees and appoint members as needed to carry out the purposes of the Board.

(9)

Members shall not be compensated, but may be reimbursed for travel and other expenses incurred on Board business.

(10)

If any member accumulates three successive unexcused absences from properly noticed meetings, the Board may declare the member's office vacant and notify the Town Commission. A "properly noticed meeting" shall mean any meeting in accordance with Section 8.06.00 and any called meeting for which the Chairman shall provide at least 72 hours notice.

(D)

Procedures

(1)

The Board shall adopt procedures to carry out its purposes. All rules must conform to this Code, other Town ordinances, and state law.

(2)

The Board shall meet at least once each month, unless a meeting is canceled by a decision of the Board at a regular meeting or by decision of the Chairman.

(3)

The Board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

(4)

Three members shall constitute a quorum.

(5)

Each decision of the Board must be approved by a majority vote of the members present at a meeting in which a quorum is present and voting. No decision of the Board will be approved with less than three affirmative votes.

(6)

All decisions of the Zoning Board of Adjustment are final. Variance requests, once acted upon, may not be reheard unless the applicant can demonstrate that the decision resulted from an error in substantive or procedural law, or provides new evidence or information not discoverable prior to the initial hearing. A different or more effective presentation of the same evidence or information shall not be considered grounds for a rehearing.

(7)

Any person or persons aggrieved by any decision of the Zoning Board of Adjustment, may, within 30 days after the date of the public hearing at which the decision was rendered, but not thereafter, may appeal the decision to the Town Commission for relief in the manner provided by the laws of the State of Florida; and may, after the Commission renders its decision, appeal such decision to Circuit Court.

8.03.02 Special Master

(A)

Intent. It is the intent of this Code to promote, protect, and improve the health, safety and welfare of the citizens of Zolfo Springs by providing for the enforcement of any codes and ordinances in force in Zolfo Springs.

(B)

Appointment of Members. The Town Commission is hereby authorized to select Special Master candidates having the authority to hold hearing, assess fines and order mitigation for violations of codes, as provided herein. Cost of Special Master fees are charged to the defendant unless the defendant prevails.

(1)

Special Master shall be an attorney at law, or a certified mediator or arbitrator, licensed to practice in Florida, and shall possess outstanding reputations for integrity, being responsible, and business or professional ability. Application for Special Master shall be filed with the Town Clerk pursuant to Notice, published from time to time in a newspaper of general circulations. The Commission shall select a pool of candidates from the applications timely filed with the Town Clerk on the basis of experience or interest in code enforcement. Upon Thirty (30) days written notice, the Commission shall have the authority to remove Special Master candidates from the pool with or without cause.

(2)

Special Master shall not be a Town employee, but may be compensated at a rate to be established by resolution of the Commission. In addition, Special Master may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the Commission.

(3)

The Commission shall provide clerical, administrative personnel, and legal services as may be reasonably required by the Special Master for the proper performance of his duties.

(C)

Notice and Initiation of Special Master Hearings

(1)

Initiation of enforcement proceedings of the various codes shall be solely the duty of the Code Enforcement Officer or his designee.

(2)

Except as provided in subsections (3) and (4) if a violation of any code is found, the Town Clerk shall provide a Notice of Violation to the alleged violator pursuant to Section 162.12, F.S., and give the violator a reasonable time to correct the violation. In the event the violation continues beyond the time specified for correction, the Code Enforcement Officer shall prepare an Affidavit of Violation and provide said Affidavit to the Town Clerk who shall serve the Affidavit upon the violator pursuant to Section 162.12 and Chapter 48, F.S. The clerk may utilize the office of the Chief of Police to perfect service.

a.

The Affidavit shall be attached to a Notice of Mandatory hearing which shall specify the hearing date.

b.

If Notice of Receipt of Service is not received prior to the date of the scheduled hearing, the hearing shall be re-scheduled and the Affidavit re-served. This re-scheduling shall continue until such time service is perfected.

c.

If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Town Clerk, the case may be presented to the Special Master even if the violation has been corrected prior to the hearing, and the notice shall so state.

(3)

If a repeat violation is found, the Code Enforcement Office shall provide a written Affidavit of Recurrence to the Clerk. The Clerk shall schedule a hearing date and indicate the date on a notice of Penalty Hearing attached to the Affidavit of Recurrence. The Affidavit of Recurrence is not required to give the violator a reasonable time to correct the violation. If Notice of Receipt of Service is not received prior to the date of the scheduled hearing, the hearing shall be re-scheduled and the Affidavit of Recurrence re-served. The case may be presented to the Special Master for assessment of a fine and/or Order of Mitigation even if the repeat violation has been corrected prior to the hearing, and the notice shall so state.

(4)

Notwithstanding in (2) above, if the Town Clerk had reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the Town Clerk shall serve a Notice of Violation on the alleged violator(s) requesting immediate compliance and shall then notify the Special Master and request an emergency hearing, which shall be held as soon as possible after proper service notifying the alleged violator(s) of the emergency hearing date had been made.

(5)

To alleviate the necessity of having to amend this Article whenever new codes are adopted or existing codes repealed, the Commission shall designate by resolution those codes to be enforced by the Special Master.

(6)

The alleged violator may appear pro se at the hearing or be represented by legal counsel.

(7)

No later than three business days prior to the hearing, the Respondent or his legal counsel shall file any affirmative defense. If not timely filed or not timely provided to the Code Enforcement Officer, the Code Enforcement Officer shall be granted a continuance upon request.

(8)

By Resolution, the Commission shall have the authority to prescribe proper and necessary Rules and Regulations governing the notice, initiation and procedural conduce of Special Master hearings. Such Rules and Regulations shall be served with the Notice of Mandatory Hearing and Notice of Penalty Hearing served to the alleged violator(s). The alleged violator(s) shall be subject to only those Rules and Regulations currently in effect at the time the Notice is served.

(D)

Conduct of Hearing Before Special Master

(1)

Minutes shall be taken at hearings before the Special Master, and all hearings and proceedings shall be open to the public.

(2)

Each case before the Special Master shall be presented by the Code Enforcement Officer, Town Attorney, or by a member of the administrative staff of the local governing body.

(3)

The Special Master shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Special Master shall take testimony from the Code Enforcement Officer, the Respondent and any additional witnesses.

(4)

In cases involving multiple violations, separate hearings shall not be required as to each alleged violation relating to the same person or property.

(5)

At the conclusion of the hearing or as soon thereafter, the Special Master shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. Said order shall also contain the address upon which the violator may be served, by regular US mail, with any further notices or orders in this matter. A certified copy of such order shall be recorded in the public records of Hardee County and shall constitute notice to any subsequent purchaser, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchaser, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the Special Master shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(6)

A copy of all orders issued shall be filed with the Town Clerk promptly after issuance and shall be deemed rendered upon the date of said filing. A copy of all such orders shall be personally served on the violator or on the violator's legal counsel or mailed by certified mail, return receipt requested, to the violator within ten days following the date the order is rendered.

(E)

Subpoena Procedures

(1)

Subpoena for Testimony Before the Special Master. The Town Clerk shall issue every subpoena for testimony. Each subpoena shall state the name of the Special Master, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance.

(2)

Subpoena for Production of Documentary Evidence. A subpoena duces tecum may also be issued commanding the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Special Master, upon motion made promptly, and, in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive.

(3)

Service of Subpoenas. A subpoena may be served by any person authorized by law to serve process. Proof of service shall be filed with the Clerk.

Payment of any service fee shall be made by the party at whose request the service is made.

(4)

Witness Fee and Payment. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in Section 92.142, F.S. The cost of the witness and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service. Failure to timely pay the witness fee and mileage compensation shall render the subpoena void.

(F)

Administrative Penalties

(1)

The Code Enforcement Officer, upon notification by the Town Clerk that an order of the Special Master has not been complied with by the set time or, upon finding that a repeat violation has been committed, shall schedule a penalty hearing. Notice of hearing shall be served by regular US mail. At such hearing, the Special Master may order the violator to pay a fine in an amount specified in this section for each day the repeat violation continues past the date of notice to the violator, or may order mitigation.

(2)

When a penalty hearing is held, testimony shall be limited to the issue of compliance with the Special Master's previous order. No new evidence as to whether there was a violation shall be allowed.

(3)

A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for the first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation. In determining the amount of the fine, the Special Master shall consider the following factors:

a.

The gravity of the violation;

b.

Any actions taken by the violator to correct the violation; and,

c.

Any previous violation committed by the violator.

(4)

A certified copy of an order imposing a fine shall be recorded in the public records of Hardee County by the Town Clerk and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as the court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgement except for enforcement purposes. A penalty imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgement is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever comes first. After three months from the filing of any such lien which remains unpaid, the Commission may authorize foreclosure on real property which is not a homestead under Section 4, Article X of the State Constitution.

(5)

No lien shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded in the public record of Hardee County, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitle to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(G)

Rehearing

(1)

Either the Code Enforcement Officer or the violator may request a rehearing of decision of the Special Master. A request for rehearing shall be made, in writing, and shall be filed with the Town Clerk within ten days of the execution of the order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Special Master. The written request for rehearing shall specify the precise reasons therefor.

(2)

The Special Master shall make a determination as to whether or not to rehear the matter and his decision shall be made at a public meeting. If the Special Master determines it will grant a rehearing, he may:

a.

Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited to the specific reasons for which the rehearing was granted; or,

b.

Modify or reverses its prior order, without receiving further evidence, providing the change is based on a finding that the prior decision of the Special Master resulted from a ruling on a question of law which the Special Master has been informed was an erroneous ruling.

(3)

Until a request for rehearing has been denied or otherwise disposed of, the order of the Special Master shall be stayed and the time for making an appeal, pursuant to this ordinance, shall not commence to run until the date upon which the Special Master has finally disposed of the request for rehearing by denying the same, or otherwise.

(H)

Appeals. An aggrieved party, including the Commission, may appeal a final administrative order of the Special Master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

(I)

Enforcement of Codes by Other Means. The enforcement of codes pursuant to Part 1 of Chapter 162, F.S., is an additional and supplemental means of obtaining compliance with local codes. Nothing contained herein shall prohibit Zolfo Springs from enforcing its codes by any other means, including but not limited to, injunctive relief or criminal prosecution by the State Attorney.

(A)

Powers and Duties in the Areas of Development and Land Use Regulation

(1)

Adopt and amend the Comprehensive Plan.

(2)

Adopt and amend the Land Development Code.

(3)

Appoint members of the Planning and Zoning Board/Zoning Board of Adjustment and Special Master.

(4)

Determine the need for and appoint members of additional Boards, committees and subcommittees to investigate and make decisions on various land use/development issues.

(5)

Establish by Resolution, fees, fines and penalties for: Preliminary Development Plan review, Minor Subdivision Application, Plan Amendment Application, Vacating a Plat Application, zoning actions, Site Development Plan Application and reviews, Conditional Use reviews, Variances, Special Exceptions, Development Agreement Application and reviews, Sign permits, Antenna Installation permits, violation of any provision of the Code, Concurrency Test Statement staff review, penalties for violation of flood damage protection regulations, fees in lieu of Dedications, and other activities carried out under the provisions of this Code.

(6)

Make final decisions on requested changes to the Comprehensive Plan, Zoning Ordinance and Map, Planned Unit Developments, Site Development Plans, Conditional Uses, and other special designations on property within the Town.

(7)

Make final decisions on acceptance of public improvements constructed pursuant to the platting of approved subdivisions.

The districts listed in Article 2 and the boundaries thereof are shown upon the Official Zoning Map or series of maps of the Town enacted as law immediately upon enactment of this Code and made a part thereof, such maps being designated as the "Zoning Map of the Town of Zolfo Springs." This map or maps and all notations, references and other information properly inscribed thereon are hereby incorporated as a part of this Article.

The boundaries of such districts as are shown on the Official Zoning Map, together with all regulations in this Code that are applicable in such districts, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map(s).

Within ten working days of action by the Town Commission or Zoning Board of Adjustment, the Official Zoning Map will be amended to reflect all approved changes in zoning classifications, land uses, and any other relevant information pertaining to permitted uses or development standards in the Town of Zolfo Springs.

(A)

Rules of Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;

(2)

boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(4)

boundaries indicated as following shore lines shall be construed to follow the high water line, and in the event of a lowering of the water level shall be construed as moving downward to the current water level;

(5)

boundaries indicated as following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines; and

(6)

boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed.

The legal description advertised for public hearing purposes on a zoning action or variance on any parcel of property shall override any and all of the above rules for interpretation of district boundaries.

Due Public Notice. No change in land use classification or designation, zoning classification or designation, variance, special exception, plan amendment, or amendment to this Code, may be considered by the Planning and Zoning Board, Zoning Board of Adjustment or the Town Commission until due public notice has been given of a public hearing; and, all changes, except special exceptions and variances, are made by ordinance. Public Hearings for Comprehensive Plan amendments are regulated under Section 8.07.00. An emergency ordinance or a resolution may not be used to make Comprehensive Plan amendment changes. Specific regulations pursuant to Chapter 166.041, F.S., are listed below.

(A)

All ordinances acted on by the Town must be read on two separate days and shall, at least 10 days before adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. All requests shall be submitted in writing to the Development Director, together with applicable fees, which will have been established by the Town Commission.

(B)

Notice of Planning and Zoning Board public hearings shall be given at least ten (10) days in advance of the meeting and public hearing. Additionally, notice of the public hearings may be posted on the Town's website.

(C)

For each zoning or variance application to be considered at a public hearing, a notice shall be mailed to all property owners of record within a radius of 200 feet of the affected property, provided, however, that failure to receive such notice shall not invalidate any action or proceedings taken at the public hearing. A sign stating the date and location of the hearing, the type of request for zoning or variance being considered, and the name of the owner requesting the hearing shall be posted on the affected property seven days prior to the hearing in a conspicuous location.

(D)

Other Local Government Notification. When a proposed zoning action, variance, or Special Exception lies within 200 feet of the jurisdiction of another local government, the Planning and Zoning Board or local governing body of that local government shall be notified, so that it may have an opportunity to send a representative to the public hearing to speak on its behalf.

8.06.01 Advertisement of Public Hearings for Zoning Changes that are Petitioner Initiated (F.S. § 166.041)

(A)

In cases in which the proposed ordinance changes the actual zoning map designation for a parcel(s) of land, public notice shall be enacted pursuant to Section 8.06.00 (A).

8.06.02 Advertisement of Public Hearings for Zoning Changes Involving Less than 10 Acres that are Town Initiated (F.S. § 166.041)

(A)

Notice By Mail: In cases in which the Town initiated proposed ordinance changes the actual zoning map designation for a parcel(s) of land involving less than 10 contiguous acres of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land will be redesignated by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. Notice shall be mailed to all property owners whose land will be affected at least 30 days prior to the date of the public hearing.

(B)

Contents of the Notice. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk.

(C)

Public Notice. The public notice shall be enacted pursuant to Section 8.06.00 (A)

8.06.03 Advertisement of Public Hearings for Zoning Changes Involving 10 Acres or More that are Town Initiated

(A)

In cases in which the Town initiated proposed ordinance changes the actual zoning map designation for a parcel(s) of land involving 10 contiguous acres or more of the total land area of the municipality: the governing body shall hold two advertised public hearings on the proposed ordinance.

(B)

At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day, and the first hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

(C)

The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general circulation in the Town and of general interest and readership in the municipality.

(D)

Advertisement Form.

(E)

The advertisement shall contain a geographic location map that clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

(F)

Mail-out May Be Done. In lieu of publishing the advertisement as outlined above, the Town may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance. If mail-outs are completed, the Ordinance must be advertised per the requirements of Section 8.06.00(A).

8.06.04 Advertisement of Public Hearings for Changes to the Actual List of Permitted, Conditional, or Prohibited Uses within a Zoning Category

(A)

In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, public notice shall be enacted pursuant to Section 8.06.02, except a geographic location map is not required.

There are three general types of Comprehensive Plan Amendments: Expedited State Review, State Coordinated Review, and Small Scale. The Expedited State Review Process is utilized for the majority of Comprehensive Plan amendments adopted by local governments. The State Coordinated Review Process is utilized for amendments that are in an area of critical state concern, amendments that propose a rural land stewardship area, amendments that propose a sector plan, or amendments that update a comprehensive plan based on an Evaluation and Appraisal Report. The Small Scale process is utilized for amendments that qualify as small-scale development amendments.

All requests for Comprehensive Plan Amendments shall be submitted in writing to the Development Director, together with applicable fees, which shall have been established by resolution of the Town Commission. Specific regulations for Comprehensive Plan Amendments applications are detailed in Article 7, Section 7.02.00. Comprehensive Plan Amendments may be submitted to the DEO by the Town for review according to the procedures established in Chapter 163 F.S. The following sections outline the requirements for each type of Comprehensive Plan Amendment.

8.07.01 Expedited State Review Process (consistent with F.S. 163.3184). The Expedited State Review Process is utilized for all Comprehensive Plan amendments except amendments that are in an area of critical state concern, amendments that propose a rural land stewardship area, amendments that propose a sector plan, amendments that update a comprehensive plan based on an Evaluation and Appraisal Report, or amendments that qualify as small-scale development amendments.

Public Notice Requirements: All procedures for advertisement of a public hearing to adopt an ordinance must be followed as adopted by the Town and set forth in Section 8.06.00 above and in keeping with Florida Statutes Chapter 166. According to State Law, the following section (A) must be adhered to:

(A)

The local governing body shall hold at least two advertised public hearings, advertised per the requirements of Section 8.06.03, on the proposed comprehensive plan or plan amendment as follows:

1.

The first public hearing shall be held at the transmittal stage. It shall be held on a weekday at least 7 days after the day that the first advertisement is published pursuant to the requirements of Florida Statutes Chapter 166.

First Public Hearing: After the initial public hearing, the local government shall transmit the amendment and all supporting data and analysis within 10 days to the review agencies and any local governments that have filed a written request.

Comments: Comments from agencies and local governments reviewing the proposed amendment must be received by Zolfo Springs no later than 30 days from the date on which the agency or government received the amendment from Zolfo Springs.

2.

The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published pursuant to the requirements of Florida Statutes Chapter 166.

Second Public Hearing: The local government shall hold its second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments. If the local government fails, within 180 days after receipt of agency comments, to hold the second public hearing, the amendments shall be deemed withdrawn unless extended by agreement with notice to the DEO and any affected person that provided comments on the amendment. The 180-day limitation does not apply to Development of Regional Impact (DRI) amendments.

Adoption Transmittal: All adopted Comprehensive Plan amendments, along with the supporting data and analysis, shall be transmitted within 10 days after the second public hearing to DEO and any other agency or local government that provided timely comments. DEO shall notify the local government of any deficiencies within 5 working days after receipt of an amendment package. For purposes of completeness, an amendment shall be deemed complete if it contains a full, executed copy of the adoption ordinance or ordinances; in the case of a text amendment, a full copy of the amended language in legislative format with strike-thru/underline changes; in the case of a Future Land Use Map amendment, a color copy of the Future Land Use Map clearly depicting the parcel, its existing future land use designation, and its adopted designation; and a copy of any data and analyses the local government deems appropriate.

Effective Date: An amendment adopted under the Expedited State Review Process does not become effective until 31 days after DEO notifies the local government that the plan amendment package is complete. If timely challenged, an amendment does not become effective until DEO or the Administration Commission enters a final order determining the adopted amendment to be in compliance.

8.07.02 State Coordinated Review Process (consistent with F.S. 163.3184). The State Coordinated Review Process is utilized for Comprehensive Plan amendments that are in an area of critical state concern, amendments that propose a rural land stewardship area, amendments that propose a sector plan, or amendments that update a comprehensive plan based on an evaluation and appraisal report,

Public Notice Requirements: All procedures for advertisement of a public hearing to adopt an ordinance must be followed as adopted by the Town and set forth in Section 8.06.00 above and in keeping with Florida Statutes Chapter 166. According to State Law, the following section (A) must be adhered to:

(A)

The local governing body shall hold at least two advertised public hearings, advertised per the requirements of Section 8.06.03, on the proposed comprehensive plan or plan amendment as follows:

1.

The first public hearing shall be held at the transmittal stage. It shall be held on a weekday at least 7 days after the day that the first advertisement is published pursuant to the requirements of Florida Statutes Chapter 166.

First Public Hearing: After the initial public hearing, the local government shall transmit the amendment and all supporting data and analysis within 10 days to the review agencies and any local governments that has filed a written request. The transmitted document shall clearly indicate on the cover sheet that this plan amendment is subject to the state coordinated review process.

Comments: Comments from agencies and local governments reviewing the proposed amendment must be received by DEO not later than 30 days from the date on which the DEO received the amendment.

DEO Review: If DEO elects to review an amendment, DEO shall issue a report giving its objections, recommendations, and comments regarding the proposed plan or plan amendment within 60 days after receipt of the amendment. DEO may make objections, recommendations, and comments in its report regarding whether the amendment is in compliance and whether the amendment will adversely impact important state resources and facilities.

2.

The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published pursuant to the requirements of Florida Statutes Chapter 166.

Second Public Hearing: The local government shall hold its second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments. If the local government fails, within 180 days after receipt of agency comments, to hold the second public hearing, the amendments shall be deemed withdrawn unless extended by agreement with notice to DEO and any affected person that provided comments on the amendment. The 180-day limitation does not apply to Development of Regional Impact (DRI) amendments.

Adoption Transmittal: All adopted Comprehensive Plan amendments, along with the supporting data and analysis, shall be transmitted within 10 days after the second public hearing to the DEO and any other agency or local government that provided timely comments. DEO shall notify the local government of any deficiencies within 5 working days after receipt of an amendment package. For purposes of completeness, an amendment shall be deemed complete if it contains a full, executed copy of the adoption ordinance or ordinances; in the case of a text amendment, a full copy of the amended language in legislative format with strike-thru/underline changes; in the case of a Future Land Use Map amendment, a color copy of the Future Land Use Map clearly depicting the parcel, its existing future land use designation, and its adopted designation; and a copy of any data and analyses the local government deems appropriate.

Notice of Intent: After DEO makes a determination of completeness regarding the adopted plan or plan amendment, DEO shall have 45 days to determine if the plan or plan amendment is in compliance. Unless the amendment is substantially changed from the one commented on, DEO's compliance determination shall be limited to objections raised in the objections, recommendations, and comments report. During the 45 days, DEO shall issue, through a senior administrator or the secretary, a notice of intent to find that the amendment is in compliance or not in compliance. DEO shall post a copy of the notice of intent on the agency's Internet website. Publication by DEO of the notice of intent on DEO's Internet site shall be prima facie evidence of compliance with the publication requirements of Florida Statutes.

Effective Date: An amendment adopted under the State Coordinated Review Process shall go into effect pursuant to DEO's notice of intent. If timely challenged, an amendment does not become effective until DEO or the Administration Commission enters a final order determining the adopted amendment to be in compliance.

8.07.03 Small Scale Plan Amendments Exempt from DEO Review. Plan amendments that are defined as Small Scale Amendments do not have to be submitted to DEO for review. The amendment is adopted by ordinance and sent to DEO and the Central Florida Regional Planning Council. DEO will not issue a Notice of Intent for the small scale amendment.

(A)

Definition. Small Scale Plan Amendments are defined by Florida Statue as:

1.

Encompassing the use of 10 or fewer acres of any land use category; and

2.

Does not include any text change to the Comprehensive Plan's goals, objectives, and policies;

3.

Is not located within an area of critical state concern; and

4.

The local government can approve the amendment without exceeding its yearly maximum of 120 acres of small scale amendments.

(B)

Reviewing Board. Proposed Small Scale Plan Amendments are heard by the Planning and Zoning Board and are recommended to the Town Commission by the Board. Then the amendments are heard at one Public Hearing and adopted by Ordinance. The amendments become law after the waiting period for the ordinance has expired, which is 31 days after adoption.

(C)

Public Notice Requirements. The public notice required for the amendment is:

1.

A newspaper notice as outlined in Sections 8.06.01 or 8.06.02; and

2.

The Town must mail the owners of the property notice; and

3.

There is no size requirements for the newspaper advertisement; and

4.

Notice must be given of: the date, place and time of the meeting; the title of the proposed ordinance; the location where the proposed ordinance can be inspected by the public; and that interested parties can appear and be heard.

(D)

Challenges. Challenges will be heard by the Department of Management Services, Division of Administrative Hearings. Any affected person may file a petition with the Division of Administrative Hearings to challenge the small scale development amendment within 30 days following the local government's adoption of the amendment per Section 163.3184(5). An administrative law judge shall hold a hearing in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and the assignment of an administrative law judge. The parties to a hearing held pursuant to this subsection shall be the petitioner, the local government, and any intervener. In the proceeding, the plan amendment shall be determined to be in compliance if the local government's determination that the small scale development amendment is in compliance is fairly debatable. DEO may not intervene in any proceeding initiated pursuant to this section.

If the administrative law judge recommends that the small scale development amendment be found not in compliance, the administrative law judge shall submit the recommended order to the Administration Commission for final agency action. If the administrative law judge recommends that the small scale development amendment be found in compliance, the administrative law judge shall submit the recommended order to DEO.

All resolutions, ordinances and records involving permitted land uses, development regulations and development approval are hereby declared to be public information and shall be maintained in an orderly fashion by the Development Director or his designee(s). Such materials shall be available for public inspection during the Town's business hours at Town Hall. Copies shall be made available at a price reflecting the Town's reproduction costs.

The Town Commission has the right, by Resolution, to establish and revise as necessary a schedule of fees for zoning changes, review/approval of plans, administrative approvals, and other actions undertaken under the provisions of this Code. All fees shall be set, at a minimum, at levels that cover the Town's costs of administration, inspection, and enforcement.

The Development Director is the enforcement officer for all regulations contained in this Code. The Development Director shall implement a procedure for periodic inspection of development work in progress to insure compliance with the development permit and final development order that authorized the activity.

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

8.10.02 Administrative Approval of Minor Field Adjustments. A minor field adjustment is a deviation from a final development order 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:

(A)

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

(B)

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

(C)

If the work is found to have one or more minor field adjustments, the Development Director shall request a revised site plan from the applicant showing the deviations and amend the development order to conform to actual development. The Development Director may, however, refer any minor field adjustment that significantly affects the development's compliance with the purposes of this Code to the Planning and Zoning Board for treatment as a major deviation.

(D)

Major Deviation Defined. A major deviation is a deviation other than a minor field adjustment, from a final development order.

8.10.03 Major Deviation from Development Permits and Development Orders

(A)

If the work is found to have one or more major deviations, the Development Director shall:

(1)

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

(2)

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 Development Director determines that work or occupancy may proceed pursuant to the decision of the Town Commission.

(3)

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the Special Master.

(B)

The Special Master shall hold a public hearing on the matter and shall take one of the following actions:

(1)

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.

(2)

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 reasonably 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.

(3)

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.

8.10.04 Revocation of Development Order. Should a development order or permit be 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.