TOWN OF LADY LAKEPRIVATE

CHAPTER 1

GENERAL PROVISIONS AND ADMINISTRATIONS

TABLE OF CONTENTS

ARTICLE I - GENERAL CODE PROVISIONS

SECTION PAGE

1 TITLE 1 - 1

2 AUTHORITY 1 - 1

3 PURPOSE AND INTENT 1 - 1

4 CONSISTENCY WITH COMPREHENSIVE PLAN 1 - 1

5 JURISDICTION 1 - 2

6 GENERAL INTERPRETATION 1 - 2

7 DELEGATION OF AUTHORITY 1 - 2

8 RELATIONSHIP OF SPECIFIC TO 1 - 2

GENERAL PROVISIONS

9 CONFLICTING LANGUAGE OR PROVISIONS 1 - 2

10 SEVERABILITY 1 - 3

11 REPEALER 1 - 3

12 EFFECTIVE DATE 1 - 4

ARTICLE II - CODE ADMINISTRATION

1 GENERAL PROVISIONS

a) Administrative Official 1 - 4

b) Fees 1 - 4

CHAPTER 1

GENERAL PROVISIONS AND ADMINISTRATIONS

TABLE OF CONTENTS (continued)

ARTICLE III - BOARDS AND COMMISSIONS

1 TECHNICAL REVIEW COMMITTEE (TRC)

a) Meetings 1 - 4

b) Membership and Organization 1 - 5

2 PLANNING AND ZONING BOARD

a) Membership 1 - 5

b) Organization and Procedures 1 - 6

c) General Functions and Duties 1 - 6

3 CODE ENFORCEMENT BOARD

a) Membership 1 - 7

b) Organization 1 - 7

c) Jurisdiction 1 - 8

d) Hearing Procedure 1 - 8

e) Enforcement Procedures 1 - 9

f) Notices 1 - 9

g) Formal Hearings 1 - 10

h) Decisions and Enforcement Powers 1 - 11

i) Administrative Fines; Liens 1 - 12

j) Supplemental Provisions 1 - 13

CHAPTER 1

GENERAL PROVISIONS AND ADMINISTRATIONS

TABLE OF CONTENTS (continued)

4 LOCAL PLANNING AGENCY

a) Authority 1 - 14

b) Designation and Establishment of Local Planning Agency 1 - 14

c) Organization 1 - 14

d) Rules of Procedures 1 - 14

e) Public Meetings and Records 1 - 14

f) Appropriation of Funds 1 - 14

g) Financial Support for Staffing and Work 1 - 14

h) Comprehensive Plan 1 - 15

i) Powers and Duties 1 - 15

This code shall be entitled the "Land Development Regulations of the Town of Lady Lake, Florida", otherwise known as the "Development Code", and may be referred to herein as the "Code."

This Land Development Code is enacted pursuant to the requirements and authority of Section 163.3202, Florida Statutes, (the Local Government Comprehensive Planning and Land Development Regulation Act), the Town Charter, effective November 4, 1987, and the general powers in Chapter 166, Florida Statutes (city government), or as amended.

The Town has developed these unified Land Development Regulations to implement the Comprehensive Plan and to streamline the development review process. This Code sets forth regulations, requirements and procedures governing the use and development of land for the purpose of protecting the health, safety and general welfare of the citizens of the Town and to enhance the appearance, function and livability of the Town, to the end of improving the overall quality of life within the community.

This Code incorporates new authorizations, requirements and regulations to implement the objectives and policies of the Comprehensive Plan and to ensure that all land development activities within the Town are consistent with and further the goals, objectives, policies, land uses, densities and intensities in the Town's Comprehensive Plan.

The provisions of this Code shall apply to all developments of land within the corporate limits of the Town of Lady Lake, Florida, as now or hereafter defined, and all areas under jurisdiction of the Town for land use planning and development control as specified in any applicable interlocal planning agreements.

b) Deemed neither to limit nor repeal any other powers granted under state statutes.

Whenever a provision appears requiring the Administrative Official, the head of a department or some other Town officer or employee to perform an act or duty, it is to be construed to authorize delegation to subordinates to perform the required act or duty, unless the terms of the provision specify otherwise, or such delegation would be contrary to the spirit and intent of this Code.

More specific provisions of this Code shall be followed in lieu of more general provisions which may be more lenient than, or in conflict with, the more specific provision.

In the case of conflict within this Code or between this Code and other codes or ordinances, the language or provision which is most restrictive or imposes the highest standard shall apply.

If any provision of this Code or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Code which can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared severable.

a) Sections 2-71 through 2-87, Chapter 2, Article III, Division 2, Code of Ordinances (Code Enforcement Board);

c) Article I, Chapter 5, Code of Ordinances (Buildings and Building Regulations);

d) Sections 7-91 through 7-100, Chapter 7, Article III, Code of Ordinances (Hazardous Waste/Health and Sanitation);

e) Section 9-4, Chapter 9, Code of Ordinances (Mobile Home Lot Size/Mobile Homes and Recreational Vehicles);

f) Chapter 6 (Flood Prevention and Protection), Chapter 7.5 (Landscaping and Trees), Chapter 11 (Planning), Chapter 12 (Signs and Advertising), Chapter 15 (Subdivision Regulations), Chapter 18 (Utilities) and Chapter 19 (Zoning), Code of Ordinances;

g) Ordinance 83-2 (100) (Subdivision Regulations), and all amendments thereto and related ordinances, including but not limited to: Ordinance 84-14 (116); Ordinance 88-31; Ordinance 89-29; and Ordinance 90-11;

h) Ordinance 83-4 (102) (Zoning Rules and Regulations), and all amendments thereto and related ordinances, including but not limited to: Ordinance 84-13 (115); Ordinance 85-5 (126); Ordinance 85-9 (130); Ordinance 85-17 (138); Ordinance 85-18 (139); Ordinance 86-7 (152); Ordinance 86-7 (153); Ordinance 86-8 (156); Ordinance 86-8 (161); Ordinance 86-8 (162); Ordinance 86-8 (163); Ordinance 86-10 (168); Ordinance 87-01 (176); Ordinance 87-01 (178); Ordinance 87-01 (181); Ordinance 87-09 (198); Ordinance 87-09 (204); Ordinance 87-09 (206); Ordinance 87-09 (207); Ordinance 87-09 (208); Ordinance 87-12 (211); Ordinance 87-10 (213); Ordinance 88-03; Ordinance 88-04; Ordinance 88-07; Ordinance 88-14; Ordinance 88-17; Ordinance 88-24; Ordinance 88-28; Ordinance 88-31; Ordinance 88-39; Ordinance 89-13; Ordinance 89-22; Ordinance 89-25; Ordinance 89-29; Ordinance 90-08; Ordinance 90-11; Ordinance 90-13; Ordinance 90-14; Ordinance 90-15; Ordinance 90-27; Ordinance 92-02; Ordinance 93-07; provided, however, Ordinance 93-15 codified in Section 5-26, Chapter 5, Article II, Code of Ordinances, shall remain in full force and effect;

The provisions of this Code shall be administered and enforced under the direction of the Administrative Official. The Administrative Official shall be the Town Manager or designee.

All fees described in this Code shall be as set out by the Town Commission, based on the actual average labor cost of all expenses associated with the subject activity, including materials, labor and overhead.

There is hereby created the Technical Review Committee (TRC) to provide technical review for all applications for development approval and grant final approval for development plans when authorized by this Code.

The TRC shall hold regularly scheduled meetings on the first and third Tuesday of each month, unless there are no applications requiring review at that time. A special meeting may be called by the chairman to allow extra time for the review of large or complex applications that have been submitted by the appropriate deadline for the next regularly scheduled meeting. TRC meetings shall be open to the public for the review of formal development applications; however, a developer or land owner may request a preliminary meeting with the TRC for the purpose of discussing proposed development prior to the formal application for approval.

The TRC staff shall consist of the following individuals or their designees: Public Works/Town engineer, building representatives and Police Department representative. The TRC shall be chaired by the Community Development Director or designated representative. On an as needed basis, the staff may request the assistance of the planning consultant and the Town attorney.

There is hereby created the Town of Lady Lake Planning and Zoning Board to review comprehensive planning policies and specific development applications as required by this Code, and provide recommendations to the Town Commission on planning and land development related matters.

The Planning and Zoning Board shall consist of seven (7) members appointed by, and serving at the pleasure of, the Town Commission. Members shall be qualified electors residing in the Town. Membership shall be further specified as follows:

1) Members shall be appointed for two (2) year terms. A member whose term expires may continue to serve until a replacement is appointed.

2) The members of the Board shall hold office as indicated above until the first Tuesday in February of the year such member's term expires.

3) Members may be removed without notice or without cause by a majority vote of the Town Commission.

4) If any member fails to attend two of three (3) consecutive meetings without cause and without prior approval of the chairman, the Board shall declare the position vacant and request a replacement be appointed by the Town Commission.

5) When a vacancy occurs prior to the expiration of a term, the Town Commission shall appoint a member to fill the vacancy for the duration of the term within thirty (30) days after the vacancy occurs.

1) The Board shall annually elect a chairman and vice-chairman from among its members.

2) The Board shall adopt rules of procedure, in accordance with this Code and applicable law, to carry out its functions and duties.

3) The Board shall meet on the second Monday of each month, unless canceled by the Board or its chairman, and at such additional times as requested by the chairman or Town Commission.

5) The Town shall provide a recording secretary to keep minutes of the Board's meetings.

1) The Board shall obtain and review information necessary to prepare and amend the Comprehensive Plan, Development Code of the Town, and the Official Zoning Map of the Town.

2) The Board shall monitor the operation and effectiveness of the Comprehensive Plan and this Code, and recommend amendments to the Town Commission.

3) The Board shall conduct public hearings and perform other duties as required by the Code.

There is hereby created the Town of Lady Lake Code Enforcement Board pursuant to Chapter 162, Florida Statues, as amended by Chapter 89-268, Laws of Florida (1989), and any other amendments, to hear and decide cases involving alleged violations of the Town Code.

The Code Enforcement Board shall consist of seven (7) members appointed by the Town Commission. Members shall be qualified electors residing in the Town and shall be appointed on the basis of experience or interest in the fields of zoning and building control. Membership shall be further specified as follows:

1) Membership shall whenever possible include an architect, a business person, an engineer, a general contractor or subcontractor and a realtor.

2) The initial appointments to the Code Enforcement Board shall be two (2) members appointed for a term of one (1) year each, three (3) members appointed for a term of two (2) years each, and two (2) members appointed for a term of three (3) years each.

3) Thereafter, all appointments shall be made for a term of three (3) years. Appointments to fill any vacancy on the Board shall be for the remainder of the unexpired term of office.

4) If any member fails to attend two (2) of three (3) consecutive meetings without cause and without prior approval of the chairman, the Enforcement Board shall declare the member's office vacant, and the Town Commission shall promptly fill such vacancy.

5) The members shall serve in accordance with the Codes and ordinances of the Town and may be suspended and removed for cause as provided by law.

1) The members of the Enforcement Board shall elect a chairman, vice-chairman and such officers as the Board shall deem necessary from among its members.

2) Officers of the Enforcement Board shall be elected by a majority vote of the membership at the first meeting after their initial appointment and annually thereafter.

4) Members shall serve without compensation but may be reimbursed for such travel expenses, mileage, and per diem expenses as authorized by the Town Commission or as otherwise provided by law.

5) The Board may adopt rules and regulations as are not inconsistent with the provisions of this Code or Chapter 162, Florida Statutes, or as amended, which the Code Enforcement Board finds necessary to carry out the provisions of this Code, subject to the approval of the Town Commission.

6) The Town attorney shall represent and serve as counsel to the Board and attend all meetings.

7) Minutes of all hearings and procedures shall be kept. The Town shall provide clerical and administrative personnel as may be reasonably required by the Code Enforcement Board for the proper performance of its duties.

8) A member of the Board may be elected to serve as an officer without restrictions as to the number of terms served.

The Code Enforcement Board shall have all the powers and duties permitted by state law, as amended from time to time, and shall have jurisdiction to hear and decide all cases involving any violation of this Code or an ordinance of the Town.

1) Hearings of the Code Enforcement Board shall be called by the chairman of the Board or by written notice signed by at least three (3) members of the Board. The Board can set a future hearing date at any time.

2) No Code Enforcement Board member shall act in any case in which that member has a conflict of interest.

3) All formal and informal hearings of the Board shall be open to the public and everyone shall be given an opportunity to be heard.

4) Hearings shall be informal and need not be conducted according to technical rules relating to evidence and witness. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings.

1) It shall be the duty of the Code Inspectors to initiate enforcement proceedings for violations of the various codes. No member of the Code Enforcement Board shall have the power to initiate enforcement proceedings.

2) If a violation of the Code is found, the Code Inspector shall, unless the paragraph directly below applies, notify the violator and give the violator a reasonable time, in light of the nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed, as provided below, to the violator. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Inspector, the case may be presented to the Enforcement Board even if the violation has been corrected prior to the Board hearing, and the notice shall so state.

3) If a repeat violation is found, the Code Inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The Code Inspector, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to the subsection below. The case may be presented to the Enforcement Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. "Repeat Violation" means a violation of a provision of a code or ordinance by a person whom the Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation.

4) If the Code Inspector has 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 Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Code Enforcement Board and proceed directly to a formal hearing, as provided in subsection below, regardless of whether or not efforts to notify the violator have been successful.

1) The Code Enforcement Board shall set a time and date for the formal hearing and the alleged violator and the Town attorney's office shall be notified.

2) All notices required herein shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by a police officer of the Town of Lady Lake or other law enforcement officer, Code Inspector or other authorized agent of the Town; or by leaving a copy of the notice at the alleged violator's usual place of residence with any person residing therein who is over the age of fifteen (15) years and informing such person of the contents of the notice.

3) If an attempt has been made to deliver notice in the manner prescribed above and has been unsuccessful, the notice may be served by publication in the following manner:

A) The notice shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation in the County which meets the requirements imposed by Chapter 50, Florida Statutes, for legal and official advertisements. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statues, or as amended.

B) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required above.

4) Evidence that an attempt has been made to hand deliver or mail notice as provided above, together with proof of publication as provided above, shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice.

1) Each case before the Board shall be presented by the Town Manager or designee.

2) The Code Enforcement Board shall proceed to hear cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Code Enforcement Board shall take testimony from the Inspector and alleged violator.

3) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissable over objections in civil actions. The chairman of the Board may exclude irrelevant or unduly repetitious evidence.

4) The Code Enforcement Board shall have the power to subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the County, the police department of the municipality, or a private process server. The Code Enforcement Board shall also have the power to subpoena evidence to its hearings.

5) After the conclusion of the hearing, the Board shall issue findings of fact and conclusions of law and an order commanding whatever steps are necessary to bring the violation into compliance by the time set in the order. The findings and order shall be by motion and approved by at least four (4) members of the Code Enforcement Board.