Division 3. Public Notice Requirements, Review Fees And Appeal Procedures, Article II. Administration And Procedures, Chapter 23. Zoning, Land Use And Development Regulation, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Code of Ordinances

Chapter 23. Zoning, Land Use And Development Regulation

Article II. Administration And Procedures

Division 3. Public Notice Requirements, Review Fees And Appeal Procedures

§ 23-241. Public notice requirements.

Effective: Wednesday, September 3, 2014

Sec. 23-241.1 General requirements.

a. Where relevant public notice requirements are specifically provided by Florida Statutes, such notice provisions shall control. Public notice requirements are provided by Florida Statutes for the following:

1. Development of regional impact. F.S. § 380.06.

2. Annexation. F.S. § 171.0413 and F.S. § 171.044, as applicable.

3. Zoning map amendment. F.S. § 166.041.

4. Text amendment to zoning, land use, and development regulations. F.S. § 166.041.

5. Comprehensive plan amendment. F.S. § 163.3184 and F.S. § 163.3187, as applicable.

b. Where public notice requirements are not specifically provided by Florida Statutes, the public notice requirements of this section shall apply wherever a public hearing is required by this chapter. Public hearings are required for:

1. Planned development project approval.

2. Special exception use permit.

3. Variance.

4. Vacation of public right-of-way or public easement.

5. Vacation of subdivision plat.

6. Appeal of decision or interpretation by the administrative official, planning and zoning board, or historic regulatory board.

Sec. 23-241.2 Public hearings.

a. Newspaper advertisement. The administrative official shall publish an advertisement no less than ten (10) days before each public hearing in a newspaper of general circulation in Polk County. The notice shall include the following information:

1. The time and place of the public hearing;

2. A description of the subject property or site location;

3. The purpose of the public hearing;

4. That persons may appear and be heard;

5. That written comments filed with the administrative official will be heard and considered;

6. The location where the public may review the file on the matter to be heard.

7. That the hearing may be continued from time to time as necessary;

8. That if any person determines to appeal any decision made by the city commission or board conducting the public hearing, as applicable, with respect to any matter considered at this public hearing, such person will need a record of the proceedings for that purpose and will need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which any appeal is to be based.

b. Written notice.

1. No less than ten (10) days before a public hearing for a special exception use permit or a variance, the administrative official shall mail a notice by first class mail to owners of all lands within three hundred (300) feet in any direction of the applicant property. The notice shall be in the same form as that specified in paragraph (a) and shall be mailed to the owners at their current address of record as shown on the latest ad valorem tax records. In the event that the owners are members of a condominium association, notice shall be mailed to the condominium association in lieu of individual notices.

2. A notice of the public hearing shall be posted in the municipal administration building in the place designated for public notices.

c. Notice of multiple public hearings at a single public meeting. If more than one (1) public hearing is scheduled for a single public meeting, notice of each public hearing may be combined in a single newspaper advertisement at the discretion of the administrative official.

Sec. 23-241.3 Cost of public notice.

a. The applicant shall pay the cost of public notice for any public hearing required in connection with an application at the time of filing such application. However, notice of public hearing resulting from staff-initiated zoning actions or annexations will be paid by the city.

b. No action shall be taken by the city commission or a city board, as applicable, on any application until all required costs of public notice have been paid in full by the applicant.

(Ord. No. 2014-08, § 3, 09-03-14)

§ 23-242. Establishment of review fees.

Effective on Tuesday, February 1, 2022

Any application for a permit, review, or approval required under the provisions of this chapter shall be accompanied by fees as set forth in Table 23-242. The schedule of fees established by this section shall be automatically adjusted annually beginning on October 1, 2008 to reflect an increase based on June's annual CPI or two and one-half (2.5) percent, whichever is greater, without further need for commission action.

TABLE 23-242
LAND USE APPLICATIONS—REQUIRED FEES

TYPE OF APPLICATION	REQUIRED FEES
TYPE OF APPLICATION	REVIEW FEE	REIMBURSEMENT
23-212 Verification of Zoning Compliance
a) For building permit	None	None
b) Alcoholic beverage license
Package sales except grocery stores	$100.00
Bars, wine and beer	$100.00	None
Restaurants, grocery stores	$50.00
Change of name, renewal	$30.00
c) Written zoning determination or administrative approval	$30.00	None
23-213 Certificate of Use	None	None
23-214 Tree Removal Permit	$11.00/tree Max. $110.00 per application Single-family - exempt from fee	None
23-215 Land Alteration Permit, Review Fee	No fee for one- and two-family lots; $110.00/acre or fraction up to 5 acres; for more than 5 acres, $550.00 plus $11.00/acre above 5 acres, except one or two-family driveway $165.00	Extraordinary expenses ***
23-216 Special Exception Use Permit Note: for fee for special permit for expansion of a non-conforming single-family house or duplex, see 23-372.3.a. on this table.	None (included in site plan fee)	Public notice Extraordinary expenses *
23-217 Site Development Permit Review Fee and site construction inspections	2-½% of the cost of infrastructure, not including buildings. 50% of fee is due with application; remaining 50% at permit issuance	Extraordinary expenses ***
23-218 Zoning Map Amendment	$550.00	Public Notice Extraordinary expenses *
23-219 Comprehensive Plan Amendment (CPA)	Small-scale (10 acres or under)—$1,100.00 Large-scale (over 10 acres)— $1,650.00	Public Notice Extraordinary expenses *
23-220 Annexation (incl. CPA & zoning)	Small-scale (10 acres or under)—$2,200.00 Large-scale (over 10 acres)—$2,750.00	Public Notice Extraordinary expenses * Cost of recording $10.00/page
23-221 Vacation of Easement Vacation of Right-of-way, Reimbursement	$275.00 $275.00	$100.00 Public Notice Extraordinary expenses *
23-222 Site Plan	Pre-application conference/conceptual plan Under 10,000 sq. ft. land—$30.00 Over 10,000 sq. ft. land: $110.00 for first 5 acres plus $30.00/acre* over 5 acres Minor site plan (administrative approval) Under 10,000 sq. ft. land—$165.00 Over 10,000 sq. ft. land—$330.00 + $30.00/acre* Major site plan (planning board approval) Under 10,000 sq. ft. land—$220.00 $550.00 plus $30.00/acre*	Extraordinary expenses ***
Waiver of strict compliance only (per section 23-222.5) or review of application for temporary outdoor sale or event (per section 23-343	$50.00
23-223 Subdivision Plat—Preliminary, Review Fee	Pre-application conference/conceptual review: $110.00 for first 5 acres plus $5.50/acre* over 5 acres Subdivision—$550.00 plus $11.00 per acre above 10 acres Master plan—$110.00 plus $5.50/acre	Extraordinary expenses ***
23-223 Subdivision Plat—Final	$385.00	City surveyor's fee and recording fee
23-223 Vacation of Plat	$825.00	Public Notice**
23-224 Planned Dev Project—Preliminary	Pre-application conference/conceptual review: $110.00 for first 5 acres plus $5.50/acre* over 5 acres Planned Development Project plan: $550.00 up to 10 acres plus $11.00/acre for each acre above 10 acres Amendment, minor: $110.00 plus $5.50/acre Master plan: $110.00 plus $5.50/acre	Public Notice Extraordinary expenses *
23-224 Planned Dev Project—Master Plan	$100.00 plus $5.00/acre* over 5 acres	Extraordinary expenses ***
23-224 Planned Dev Project—Final survey	None	None
23-225 Development of Regional Impact	Fees per F.S. § 380.06	None
23-227 Certificate of appropriateness	$25.00 for estimated cost of work $2,500.00 and under; 1% of estimated cost of work over $2,500.00, maximum $200.00. No fee for signs	Public Notice—$75.00 (if public hearing required)
23-244 Appeals	$220.00	Public Notice Extraordinary expenses *
23-302 Tree Replacement Fund	$75.00/caliper inch	Extraordinary expenses ***
Extension of time on approval	Administrative approval—$30.00 Planning Board approval—$85.00 City Commission approval—$165.00
23-372.3.a. Special permit - expansion of non-conforming dwelling	$50.00	Extraordinary expenses ***
23-545 and 23-526 Signs not requiring a building permit	$32.00	None
Other fees:
Xerox or FAX copies	$0.15 one-sided; $0.25 double-sided	None
Maps, including Future Land Use and Zoning	$25.00 each
Plans	$20.00 per sheet
Research	$38.00 per hour; minimum 1 hour

* Per acre fees apply to any fraction of an acre.

** Public notice cost reimbursement: The applicant is responsible for paying public notice costs at the time of application. The administrative official shall maintain a schedule of public notice costs for each type of application, based upon typical costs for newspaper advertising, abutters' notices and site signs as required under the provisions of this ordinance. The schedule shall be updated at least annually to reflect current costs incurred by the city for such notice.

*** EXTRAORDINARY EXPENSES. In addition to the fee schedule set forth above, the applicant shall also be responsible for the payment of any and all extraordinary expenses, which may be incurred by the City in analyzing or reviewing all or any part of an application. These expenses may include the City’s retention of a third party consultant. These expenses will be billed at-cost, separately from and in addition to the development review fees set forth herein. The applicant will be advised of the necessity of such expenses prior to such expenses being incurred. The owner/developer and the Development Director, with the advice and consent of the City Manager, shall jointly approve in writing an estimated cost amount before these charges can be authorized. The cost for any such expenses shall be paid in advance to the City prior to incurring such expenses. Upon request of the owner/developer, the City Commission may review such expenses as to the necessity and amount.

(Ord. No. 2006-24, § 3, 6-6-2006; Ord. No. 2007-45, § 1, 9-18-2007; Ord. No. 2008-11, § 5, 5-20-08; Ord. No. 2008-31, 10-7-08; Ord. No. 2008-45, §§ 2, 3, 12-16-08; Ord. No. 2009-15, § 5, 6-2-09; Ord. No. 2010-07, §§ 1—3, 4-20-10; Ord. No. 2012-04, § 1, 3-6-12; Ord. No. 2022-03, § 1, 2-01-22)

§ 23-243. Exemption from payment of review fees.

Effective: Tuesday, January 19, 2016

a. Property owners residing in property with a homestead exemption are exempt from board review fees when appealing an administrative decision or action taken against the property of residence.

b. At the specific direction of the city manager, board review fees may be waived if payment of such fees will create a financial hardship for the applicant or if the applicant is a non-profit organization.

c. At the specific direction of the city manager, board review fees may be waived if board review is required to correct an administrative error.

d. Exemption from payment of board fees shall not apply to advertising costs or other costs which may be necessary to provide public notice if such notice is required.

(Ord. No. 2016-01, § 4, 01-19-16)

§ 23-244. Appeals and variances.

Effective: Tuesday, January 19, 2016

a. Upon appeal, the board of appeals may reverse, affirm or modify, wholly or partly, any order, requirement, decision or determination made by the administrative official provided that the board has first determined that the administrative official's application of these zoning regulations is not reasonable. In conformity with the provisions of said zoning regulations, the board of appeals may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the administrative official from whom the appeal is taken.

b. Upon appeal, the board of appeals may reverse, affirm or affirm with conditions a decision of the planning board to deny an application for special exception use provided that the board has first determined that the planning board's denial of said application is not reasonable under these zoning regulations.

c. The concurring vote of at least three (3) members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the administrative official or planning board or to decide in favor of the applicant on any matter upon which the board of appeals is required to pass under this chapter.

Sec. 23-244.1 Appeals. An appeal of a decision made pursuant to these land development regulations shall follow the procedures provided by this section.

a. Petition for appeal. Any person appealing a decision shall file a petition with the administrative official on forms provided for that purpose within thirty (30) days of the decision being appealed. The petition shall set forth, at minimum, the nature, circumstances and basis of the appeal, and contain any materials relevant to the appeal, along with the fees as set forth on Table 23-242

The administrative official shall schedule a hearing on the petition at the next available meeting of the board authorized to hear the appeal, based upon the review and public notice schedule established by that board.

Boards authorized to hear appeals:

1. Appeal of decisions of the administrative official or the planning board shall be heard by the board of appeals.

2. Appeal of decisions of the historic district regulatory board shall be heard by the city commission.

b. Stop work. During the period between the submission of the petition and the appeal hearing the administrative official may issue a stop work order on any permits related to the appeal if such permits may be affected by the appeal. Costs, lost time or other expenses incurred by the applicant stemming from such a stop work order shall be the responsibility of the applicant.

c. Public notice. The administrative official shall give public notice for a public hearing as per section 23.241.2.

d. Appeals hearing. The board authorized to hear the appeal shall hold a public hearing on the appeal. Following the public hearing, the board shall rule on the appeal and shall issue a written order setting forth the findings of fact and the conclusions of law and the resulting decision.

The board hearing the appeal may reverse, affirm or modify, wholly or partly, any order, requirement, decision or determination made under these regulations, provided that the board has first determined that the decision was not based upon a reasonable application of these zoning regulations. In conformity with the provisions of said zoning regulations, the board may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the board or official from whom the appeal was taken.

The concurring vote of at least four (4) members of the board hearing an appeal shall be necessary to reverse any order, requirement, decision, or determination or to decide in favor of the applicant on any matter appealed under this chapter.

e. Appeal of a decision by the board of appeals or city commission shall be filed with the circuit court within thirty (30) days of the decision.

(Ord. No. 2008-45, § 4, 12-16-08)

Sec. 23-244.2 Variance. A variance is permission granted by the board of appeals to depart from a dimensional requirement of these land development regulations. Variances are allowed to relieve a property owner, who, because of property characteristics beyond his control, is unable to meet a dimensional requirement of these land development regulations. Waivers granted under various sections of these land development regulations are exempt from the requirements of this section.

a. Eligibility. An application for a variance may be submitted to the administrative official by a property owner or his designated agent (by power of attorney) if all of the following criteria are met:

1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

2. The special conditions and circumstances do not result from the actions of the applicant;

3. Literal interpretation of the provisions of these regulations would deprive the applicant of a reasonable use of his property, cause him unnecessary hardship, or deprive him of other rights commonly enjoyed by other property owners in the same zoning district;

4. The granting of the variance would not confer on the applicant any special privileges denied to other property owners in the same zoning district;

5. The grant of the request will be harmonious with the general intent and purpose of these regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

6. The application is for a dimensional variance and would not authorize a use otherwise prohibited by these land development regulations;

7. The variance is the minimum variance that will allow reasonable use of the property;

8. The application does not meet all of the criteria above, but environmentally sensitive areas or trees as defined in section 23-215.1 will be saved by the granting of the variance.

b. Application. An eligible applicant may file a request for variance on forms provided by the administrative official. Such application shall be accompanied by all of the following:

1. The application fee set forth in section 23-242

2. A letter stating what dimensional variance is being requested and specifically identifying the characteristics of the property that necessitates the granting of a variance from the requirements of these land development regulations;

3. Reimbursement for costs of public notice;

4. Other information as required by the administrative official.

c. Public notice. Public notice shall be given as required in section 23-241, and the cost of such notice shall be paid by the applicant prior to board of appeals action on the application.

d. Review and action. The board of appeals shall hold a public hearing on the application. If the eligibility criteria in paragraph (a) are satisfied, the board may grant the variance as requested or a modification thereof if more appropriate. If the application is for a variance of a flood requirement, the variance granted shall comply with drainage requirements of section 23-308

e. Conditions and safeguards. In granting any variance, the board may prescribe appropriate conditions in conformity with zoning regulations. Violations of such conditions shall be deemed a violation of these regulations and shall be grounds for revocation of the variance. Unless otherwise specified by the board, variance approvals shall be in effect throughout the site plan review process and shall expire when and if the corresponding site plan expires. If there is no corresponding site plan, the time limit for variance shall expire twelve (12) months after the effective date of such action unless a building permit has been issued within the twelve-month period and work is active or the property for which the variance is granted is within a subdivision under active development. For the purposes of this section, "active" shall mean that work is continuing without cessation for a period of six (6) months or longer.

f. Limitations on power to grant variances.

1. Under no circumstances shall the board of appeals grant a variance to permit a use not permitted under the terms of the land development regulations in the zoning district involved, or any use expressly or by implication prohibited by the terms of these regulations in the said zoning district.

2. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and no permitted use of lands, structures or buildings in any other district shall be considered grounds for the granting of a variance.

g. Recording of dimensional variance. All approved dimensional variances, including any attached conditions or restrictions, shall be recorded with the clerk of the circuit court at the applicant's expense. The original record of the dimensional variance shall be filed by the city clerk in the official records of the city. In the event that the variance expires or is revoked in accordance with paragraph (e), a notice of variance revocation shall be recorded with the clerk of the circuit court and the city clerk.

(Ord. No. 2008-04, § 4, 2-19-08; Ord. No. 2016-01, § 5, 01-19-16)