§ 14.00.00. Generally.

14.00.01 Purpose. This Chapter sets forth the application and review procedures required for obtaining development orders and certain types of permits.

14.00.02 Prohibition. No development activity, use of land, or subdivision of land may be undertaken unless the activity, use or subdivision is authorized by the appropriate development order.

14.00.03 Pre-application Conference. Prior to the filing of an application for subdivisions, master park plans, site plans and planned unit developments, the applicant Shall meet with the County Manager or designee to discuss the development review process. The purpose of the conference is to acquaint the applicant with the requirements and procedures of the Lake County Code and to determine the appropriate application process as provided for in this chapter. The County Manager or designee may waive the pre-application conference if it is determined that the conference is not necessary because the applicant has sufficient knowledge of the requirements of the Lake County Code and/or has previously submitted completed applications in Lake County for other projects of a similar nature. Persons applying for any other type of development order are strongly encouraged to set up a pre-application conference.

14.00.04 Applications.

A.

Determination of Sufficient Application. All applications filed with the County Manager or designee will be reviewed for sufficiency within ten (10) days of submittal, unless another provision of these regulations states otherwise. At such time, the applicant will be notified in writing whether the application has been found insufficient, and notified as to what the deficiencies are. Once deemed sufficient, the County Manager or designee Shall notify the applicant in writing that the formal review process has begun and indicate to the applicant the date on which comments on the application will be supplied to the applicant. The County Manager or designee Shall be entitled to inspect the property subject to the application at all reasonable times (1) without specific notification to the applicant or to the property owner if different from the applicant, if the application so states; or (2) with twenty-four (24) hours notice to the contact person listed by the applicant on the application. Such right of inspection Shall continue until the project is completed and all final approvals have been granted.

B.

Review of Application by County Manager or Designee. When the County Manager or designee determines an application is sufficient, the County Manager or designee Shall review the application, and where authorized by these regulations, the County Manager or designee Shall approve or deny the application. In cases where the County Manager or designee is not authorized to approve or deny the application, the County Manager or designee Shall make a recommendation and notify the appropriate decision-making body so that a public hearing can be scheduled. The County Manager or Designee Shall comply with the review time frames established by a resolution of the Board of County Commissioners.

C.

Lake County Planning and Zoning Board. For those applications required to go before the Lake County Planning and Zoning Board, the application Shall be placed on the agenda of a regular or special meeting for a public hearing that has been noticed in accordance with the requirements of Subsection 14.00.05, Land Development Regulations. In making a recommendation, the Lake County Planning and Zoning Board Shall consider the standards set forth in the applicable sections of these regulations for the particular action sought by the applicant, including but not limited to whether the application is consistent with the Comprehensive Plan. The Lake County Planning and Zoning Board may recommend approval, approval with conditions, or denial. The application and recommendation Shall then be forwarded to the Board of County Commissioners for consideration.

D.

Board of County Commissioners. In making a decision on an application which has been presented to the Lake County Planning and Zoning Board, or making a decision on a application presented directly to the Board of County Commissioners, the board Shall consider the recommendation made by the Lake County Planning and Zoning Board, if applicable, the staff report and the standards relevant to the particular action sought by the applicant as set forth in the applicable sections of these regulations. The Board of County Commissioners may approve, approve with conditions or deny the application. Notification of the Board of County Commissioners' decision Shall be mailed to the applicant, and the decision Shall be filed in the office of the County Manager or designee, if applicable.

E.

Withdrawal of Applications. An application may be withdrawn at any time so long as written notice is given. However, when the application is being presented to the Board of County Commissioners for final approval, or to the Board of Adjustment for final approval, written notification of withdrawal must be given no later than twenty-four (24) hours prior to the hearing, or the applicant must appear at the hearing and withdraw the application in person. If written notice of withdrawal is not timely received, the application Shall be presented to the appropriate body. An applicant withdrawing an application Shall not be entitled to a refund of any fees paid.

14.00.05 Notice Procedure. Notice of all public hearings which are required by a provision of these regulations Shall be given as follows, unless expressly stated otherwise:

A.

Publication of Notice.

1.

Board of County Commissioners: Publication of the notice of a hearing before the Board of County Commissioners Shall comply with the applicable provisions of the Florida Statutes.

2.

Lake County Planning and Zoning Board and Board of Adjustment. Publication of notice before the Lake County Planning and Zoning Board and Board of Adjustment Shall be properly advertised in a newspaper of general circulation at least ten (10) calendar days before the hearing date.

3.

Notice of intent to consider a development agreement under Section 14.18.00, Land Development Regulations, Shall be advertised approximately seven (7) calendar days before each public hearing in a newspaper of general circulation and readership in Lake County. The day, time and place at which the second public hearing will be held Shall be announced at the first public hearing.

B.

Mailing of Notice.

1.

The County Manager or designee Shall mail notices to the owners of all real property contiguous to and within three hundred (300) feet of the perimeter of the applicant's property subject to the application no later than ten (10) days before the hearing date. If the property involved is part of a larger parcel, the perimeter of the larger parcel Shall be used for this purpose. However, if the larger parcel is a planned unit development (PUD), all owners within the PUD Shall be notified. The names and addresses of adjacent property owners Shall be determined by reference to the latest approved ad valorem tax roll. Mailing of said notice Shall be considered notice.

2.

For development agreements pursuant to Section 14.18.00, Land Development Regulations, notice of intent to consider a development agreement Shall be mailed to all affected property owners before the first 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.

Posting of Notice. The County Manager or designee, the applicant, or the property owner Shall post a copy of the notice on the property subject to the application. The notice Shall be located where the notice would be in the most conspicuous place to the passing public. In addition, the notice Shall be posted on the public access roads and county road(s) closest to the property subject to the application. The property Shall be posted a minimum of ten (10) calendar days prior to the public hearing.

D.

Content of Notice. All notices required hereunder Shall include at a minimum the following information:

1.

Date, time and place of public hearing.

2.

Title of the ordinance, if applicable.

3.

The place where the ordinance can be inspected, if applicable.

4.

A statement advising that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

5.

For development agreements pursuant to Section 14.18.00, Land Development Regulations, the notice Shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and Shall specify a place where a copy of the proposed agreement can be obtained.

E.

Postponement. If notice of the public hearing is not provided in accordance with the standards provided above, the public hearing Shall be postponed to a later date in order to provide adequate notice to the public.

14.00.06 Procedures Governing Public Hearings. The following procedures Shall apply to all boards and committees established by the County, including the Board of County Commissioners:

A.

Appearance before the board. Members of the public other than the applicant, the staff and a person who has filed a notice of appearance, Shall be allowed to testify before the board, subject to control by the board, and may be requested to respond to questions from the board, but need not be sworn as a witness, are not required to be subject to cross-examination, and are not required to be qualified as an expert witness. The board Shall assign weight and credibility to such testimony as it deems appropriate. A party, or person who has filed a notice of appearance, may be sworn as a witness, may be subject to cross-examination by other parties, and may be required to be qualified as an expert witness at the discretion of the board hearing the application.

B.

Exceptions. All persons appearing before the Board of Examiners (BOE) Shall be sworn in prior to giving any testimony relevant to the case currently before the board regardless of whether a notice of appearance has been filed.

C.

Procedures. The following procedures will be followed for all public hearings required under this Chapter:

1.

Staff report. The staff report Shall be available to the general public at least five (5) days prior to the hearing on the case. If the staff report cannot be completed within the five (5) days due to failure on the part of the applicant to supply requested information, staff Shall have the right to postpone the hearing on the case. Otherwise, failure to complete the staff report within five (5) days Shall give the applicant the option of either postponing the hearing or continuing with the scheduled hearing date. However, in the event the applicant chooses to continue to the hearing without the staff report, staff Shall have the option of recommending denial.

2.

Notice of appearance.

a.

Anyone other than the applicant and the staff who wishes to participate as a party in the case or cross examine other witnesses, must file a notice of appearance no later than five (5) days prior to the hearing. The notice of appearance should include the name and address of the person seeking to appear. A notice of appearance Shall give a person the right to appear either in person as a party to the case or to be represented by an agent at the hearing.

b.

Those filing a notice of appearance Shall be considered parties to the hearing, subject to a determination of standing if challenged.

c.

The chairman of the board may allow participation in the hearing by persons filing a notice of appearance after the five (5) day deadline, upon a showing of excusable neglect by that person, but if a late appearance is permitted, the applicant Shall have the right to continue the case, at their option, without additional cost. Persons who do not demonstrate excusable neglect are not entitled to seek any delay in the proceedings.

D.

Written communications. All written communications received by board members concerning an application or pending case Shall be immediately turned over to the County Manager or designee. The County Manager or designee Shall include the written communication in the file for public inspection. All such written communications Shall be offered into evidence and received by the board into evidence subject to any objections by participants at the hearing.

E.

Site visits. Members of the board may conduct site visits.

F.

Basis of board decisions. All decisions made by the board Shall be based upon evidence actually presented to the board at the hearing on the case, which Shall include staff reports, testimony of witnesses and any other evidence presented to the board. Strict rules of evidence Shall not apply, but evidence must be relevant to the issues before the board and hearsay should be avoided.

G.

Conduct of hearing. The order of appearance Shall be as follows:

1.

Staff Shall announce the case.

2.

The board Shall solicit and decide issues of standing.

3.

Staff Shall present the case.

4.

Applicant Shall present its case.

5.

Additional parties Shall present their case.

6.

Comments from persons other than staff, the applicant or those who filed a notice of appearance.

7.

Applicant rebuttal.

8.

Closing discussion between board and staff.

H.

Standing. No person Shall participate in the case as a party unless that person can demonstrate that they will suffer an adverse effect to an interest that exceeds in degree the adverse effect to the interest of the public in general. All persons who received a notice of hearing or filed a notice of appearance Shall be presumed to have standing unless challenged by another party. Decisions regarding standing Shall be made by the chairman, subject to review by the board upon motion and second being made.

I.

Files to be maintained. All evidence admitted at the hearing, and a copy of the document setting forth the decision of the board Shall be maintained in a separate file constituting the record of the case. Upon approval thereof by the board, the minutes of that portion of the meeting concerning the case Shall be placed in the record. The record Shall be kept in the custody of the clerk of the board at all times during the pendency of the case, and where there are multiple hearings on a single case, custody of the record should not be given to any board member, party or member of the public, until the case is fully concluded, except that any member of the public may examine the file in the office of the clerk of the board at all reasonable times.

J.

Action by Decision-Making Body. Based upon a finding of consistency with the Comprehensive Plan, findings of fact and conclusions of law, the decision-making body Shall render a verbal decision at the hearing. The County Manager or designee Shall prepare a proposed written order for review and execution by the chairman within thirty (30) days of the verbal decision. The written order Shall include a statement regarding appellate rights. The time for appeal Shall begin from the day the decision-making body renders an written decision, unless otherwise provided for by statute.

K.

Notification. A copy of the final decision Shall be mailed to the applicant and to those who filed a notice of appearance. A copy of the final decision Shall be filed in the office of the County Manager or designee.

L.

Postponement of Application. An application scheduled for public hearing may be postponed as follows:

1.

An applicant may request one (1) continuance of the scheduled public hearing provided such request is filed with the county manager, or designee, at least ten (10) days prior to the scheduled hearing. The county manager or designee may grant the request. The applicant shall be required to pay all additional costs for republication and mailing. All interested parties, including the applicant and noticed property owners shall be given due notice of the delay and of the new hearing date and time.

2.

The board may continue a public hearing when it is deemed necessary to acquire additional information, public testimony, or time in order to render a determination. It is the intent of the board that continuances be limited to no more than one (1) so as to not unduly inconvenience the public. However, the board may grant additional continuances for good cause based on extenuating circumstances.

14.00.07 Ex parte Communications.

A.

Application. This Subsection Shall apply to all quasi-judicial proceedings in which public hearings are required or proceedings in which a property right is at issue. However, this Subsection Shall specifically exclude any proceedings or hearings in relation to the Comprehensive Plan Evaluation and Appraisal Report or amendments to the Comprehensive Plan.

B.

Communications between staff and public. Oral and written communications between staff and members of the public Shall be permitted and encouraged.

C.

Communication between the Board of County Commissioners and the public. Members of the Board of County Commissioners Shall be permitted to receive and participate in oral or written ex-parte communications regarding quasi-judicial matters before the board, and any presumption of prejudice arising out of such ex-parte communications is hereby removed and declared non-existent, if all requirements of this Section are followed as to any ex-parte communication:

1.

Any oral ex-parte communication with a board member relating to pending quasi-judicial action Shall not be presumed prejudicial to the outcome of the matter if the subject matter of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record in the quasi-judicial proceeding before final action on the matter.

2.

Any written communication to a board member from any source, regarding a pending quasi-judicial matter, Shall not be deemed prejudicial to the outcome of the matter, if the written communication is made part of the record in the quasi-judicial proceeding before final action on the matter.

3.

Board members may conduct site visits and may receive expert opinions regarding quasi-judicial matters pending before them, and such activities Shall not be presumed prejudicial to the outcome of the matter if the existence of the investigation, site visit or expert opinion is disclosed and made a part of the record in the quasi-judicial proceeding before final action on the matter.

4.

All disclosures required by this Section must be made before or during the public meeting at which a vote is taken on the quasi-judicial matter so that persons having opinions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond to the communication.

D.

Communication between all other board members and the public. All communications concerning the case between any member of the general public, including the applicant and any board member, with the exception of the Board of County Commissioners, Shall be prohibited unless made at the hearing on the case.

E.

Communication between Board members and staff. Written and oral communications between the board and staff Shall be limited to the facts of the application or case. Discussions of the positions or arguments of the applicant or members of the opposition Shall be prohibited. Attorneys for the board may render legal opinions when requested by the board members, but Shall not engage in factual determinations or advocate one party's position over another, except to the extent necessary to respond fully to a purely legal question.

14.00.08 Dedication of Real Property, Right-of-Way, or Easement. Before an applicant is required to dedicate any real property, right-of-way, or easement as a condition of issuing a development order, the following criteria Shall be satisfied:

A.

An individual determination by the County Manager or designee must be made that there is a nexus or connection between the need for additional real property or right-of-way and the proposed development. Legitimate considerations include but are not limited to the amount of real property or right-of-way needed to provide utilities, adequate maintenance of the roadway, drainage for that roadway and to generally provide for a safe and obstruction-free thoroughfare; and

B.

An individual determination must be made by the County Manager or designee that the amount of real property or right-of-way required is roughly proportional to the impacts of the proposed development. The County Manager or designee Shall consider the nature of the development and the extent of real property or right-of-way necessary as a result of the impact of the development. In determining the extent of the right-of-way needed, the legitimate considerations set forth in Subsection A. above Shall be considered.

Editor's note— Ord. No. 2013-69, § 4, adopted December 17, 2013, amended § 14.00.08 to read as set out herein. Previously § 14.00.08 was titled to dedication of real property and right-of-way.

14.00.09 Res Judicata. Once a final decision denying an application has been made by the Board of County Commissioners or the Board of Adjustment, the matter Shall not be considered again for a period of one (1) year from the date the application was denied. The applicant may re-apply prior to the one (1) year, but the matter will not be presented to the Lake County Planning and Zoning Board, Board of County Commissioners or Board of Adjustment until after one (1) year has elapsed. However, the Board of County Commissioners and the Board of Adjustment Shall refuse to hear subsequent applications based upon a determination that a substantial change in circumstances has not occurred between the original denied application and the subsequent application, even where the subsequent application has been filed after the one (1) year has elapsed. Notwithstanding the foregoing, if the Board of County Commissioners denies an application without prejudice, the applicant may re-apply within ninety (90) days of the denial so long as a substantial change in circumstances has occurred between the time of the original denied application and the subsequent application.

14.00.10 Amendments to Approved Development Orders. After a development order has been issued, it Shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the development order without first obtaining a modification of the development order. A modification may be applied for in the same manner as the original development order, unless another Section of these regulations expressly provides otherwise. A written record of the modification Shall be maintained in the files of the County Manager or designee and, when appropriate, recorded in the public records of Lake County.

14.00.11 Fees. A schedule of fees may be established by resolution of the Board of County Commissioners in order to cover the costs of technical and administrative activities required pursuant to these regulations. Unless specifically exempted by the provisions of these regulations or by the County Manager or designee based upon a showing of hardship, an applicant for any development that is subject to the regulations set out in this chapter Shall bear the costs stipulated within such fee schedule. An application Shall not be deemed sufficient until all required fees have been paid.

14.00.12 Administration. The County Manager or designee Shall administer the provisions of the Land Development Regulations and if necessary Shall conduct periodic inspections to ensure ongoing compliance with development orders.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2004-13, § 7, 3-16-04; Ord. No. 2004-66, §§ 2, 3, 9-21-04; Ord. No. 2009-20, § 2, 4-21-09; Ord. No. 2009-62, § 7, 12-1-09; Ord. No. 2012-13, § 2, 2-28-12; Ord. No. 2013-5, § 2, 1-22-13; Ord. No. 2013-13, § 2, 2-26-13; Ord. No. 2013-69, § 4, 12-17-13; Ord. No. 2015-33, § 2, 9-15-15; Ord. No. 2017-52, § 16, 10-24-17)