§ 22-8. Waiver of impact fees for infill development.

(a)

A lot meeting one (1) or more of the following criteria may be eligible for an educational impact fee waiver under this section:

(1)

Within a plat recorded on or before June 30, 1991; and

(i)

Within a three (3) mile radius of a municipal city hall; or

(ii)

Within a two (2) mile walking distance of a public school as that distance is determined by the school board; or

(iii)

Within a historic preservation district as officially designated through a federal, state, or local designation program.

(2)

Within a platted subdivision that has a dwelling unit on eighty (80) percent or more of the platted residential lots if the plat was recorded on or before June 30, 2001; and

(i)

Within a three (3) mile radius of a municipal city hall; or

(ii)

Within a two (2) mile walking distance of a public school as that distance is determined by the school board; or

(iii)

Within a historic preservation district as officially designated through a federal, state, or local designation program.

(3)

Within a blighted area as defined in F.S. § 163.340(8).

(4)

Lots located within gated subdivisions shall not be eligible for the waivers established under this section.

(b)

If the lot meets one (1) or more of the criteria set forth in subsection (a) above, and the school board confirms that there is available school capacity in all three (3) school categories (elementary, middle and high school) for the districts in which the lot is located, the county manager may waive the educational impact fee in the amount of one hundred (100) percent for the construction of a dwelling unit on that particular lot.

(c)

A lot meeting one (1) or more of the following criteria may be eligible for a one hundred (100) percent transportation impact fee waiver under this section:

(1)

Within a plat recorded on or before June 30, 1991.

(2)

Within a platted subdivision that has a dwelling unit on eighty (80) percent or more of the platted residential lots if the plat was recorded on or before June 30, 2000.

(3)

Within a blighted area as defined in F.S. § 163.340(8).

(4)

On a single lot or parcel that is intended to be homestead property, as evidenced by receipt of the homestead exemption granted by the property appraiser. If approved to receive the waiver under this subsection, the property owner shall execute a lien in the amount of the impact fees to be waived, which shall be recorded in the public records of Lake County, Florida, until the homestead exemption is granted by the property appraiser. The homestead exemption application must be filed with the property appraiser no later than March 1 of the year following the issuance of the certificate of occupancy. Following the property appraiser's granting of the exemption, the property owner must submit proof of the homestead exemption to the county manager or designee in order for the lien to be released. The lot or parcel must be a lot of record or a legally created lot in order to be eligible.

(5)

Lots located within gated subdivisions shall not be eligible for the waivers established under this section.

(d)

In addition to meeting the locational criteria established under subsections (a) or (c) above, the proposed dwelling unit shall meet or exceed the following architectural and design requirements. These requirements are intended to assure that new residential construction utilizing this waiver achieves the intended long term economic benefits by revitalizing the community and maximizing the existing infrastructure. In order for an approved waiver to remain valid through the construction process, the applicant shall obtain an architectural conformance letter from the county.

(1)

Architectural style. The main dwelling unit and any accessory structures shall be of the same architectural style within a given lot, choosing from one (1) of the following styles utilizing common elements recognized by the professional architectural community:

(i)

Florida Vernacular (Southern National, Folk Victorian, Key West Victoria, Coastal, or Craftsman);

(ii)

Revival (Colonial or Dutch);

(iii)

Classical (Georgian or Neo-Classical);

(iv)

Craftsman (Arts & Crafts, Bungalow, or Prairie);

(v)

Coastal (Low Country or Acadian);

(vi)

Mediterranean (Spanish Eclectic, Italian Renaissance, or Monterey); or

(vii)

Contemporary or custom designs which incorporate four (4) façade upgrades or four (4) common elements from one (1) of the architectural styles above. Examples of façade upgrades include: metal, tile or slate roofing; brick or cut stone (natural or cultured) accents or exterior walls; decorative garage doors; specialized windows; specialized entry doors or entrance features; elevated foundation with front porch steps; specialized columns; shutters; brackets (e.g., wood appearing step beam, or heavy timber knee brackets); dormer windows; balconies or logias; cast stone lintels.

To achieve compliance, an architect licensed by the State of Florida shall certify that a minimum of four (4) common elements of the selected style are incorporated in the exterior design of the dwelling unit, or in the case of contemporary or custom design, that four (4) façade upgrades or four (4) common elements from one (1) of the architectural styles has been incorporated. A list of common elements associated with each architectural style and façade upgrades for contemporary or custom designs, along with diagrams of home elevations and architectural features meeting said requirements, shall be maintained by the county manager or designee. The list of common elements shall be made available upon request to applicants.

(2)

Construction finishes and details. Architectural details and exterior finish materials shall be the same on all elevations of the main body of the dwelling unit so that the main body provides a consistent palette of materials, finishes, and colors for wall and roofing materials. Architectural detailing shall remain consistent on elevations of the main body of the dwelling unit as viewed from the front street elevation, and the side street elevation should a home be adjacent to more than one (1) street. Color palettes should complement the architectural style selected.

(3)

Equipment. All miscellaneous equipment, including, but not limited to, utility meters, conducing units, pool equipment, satellite dishes, irrigation controllers, solar panels and plumbing stacks shall be located in such a way that the equipment is not visible from adjacent streets to the greatest extent possible. Hedges, low fence/wall enclosures or other landscape means shall be used to screen equipment. When landscaping is used to screen equipment it must be large enough to screen at the time of planting. When walls or fences are used, landscaping should be used around the base of the wall or fence, or climbing landscape, to soften such features. Air conditioners and other equipment may be located in the side yard setback (if the side yard setback is at least ten (10) feet wide and the equipment is located in the rear half of the property and screened from view of the street with a solid hedge, wall or fence); otherwise such equipment shall be placed along the rear wall of the home. The placement of above ground propane tanks are allowed in the side yard of the lot provided that they are located thirty (30) feet back from the front property line and comply with all applicable codes, manufacturer requirements and servicing propane company requirements, but they shall be screened behind landscape vegetation mature enough to fully screen the tank from view of the street at the time it is planted or behind a permanent wing wall or solid fence that is part of the architectural design on the house. Above ground tanks may be placed in the front yard if designed to be situated behind a permanent wing wall or solid fence that is part of the architectural design of the house.

(4)

Garage doors and driveways. Street facing two-car garages shall provide two (2) single garage doors if there is sufficient space, and garages shall be oriented to the side of the lot if there is sufficient space to avoid a street facing garage. Decorative garage doors are encouraged, but at a minimum, street facing garage doors shall contain at least one (1) decorative feature. There must be sufficient space for two (2) cars to be housed onsite, and no parking shall be allowed in the front yard areas other than on paved concrete or paver driveways. A porte cochére or carport may be used if incorporated in the architectural design of the home.

(5)

Outside living areas. Owners should utilize site screening and landscaping to create buffers for outside living areas. Items left outside regularly (playground equipment, lawn furniture) should be oriented in the backyard in a manner that cannot be viewed by adjoining property owners to the greatest extent feasible.

(6)

Exemptions and conflicts. Applicants for a waiver under this section shall be exempted from the architectural requirements if the property is located within a historical preservation district with an oversight board or other mechanism to assure compliance with architectural requirements imposed within said district. Additionally, the applicant may apply for a waiver from the architectural requirements if the applicant can show (i) that the minimum design standards cannot be met due to the unique characteristics of the lot or surrounding neighborhood, and (ii) that applicant can show that the design can meet the intent of this provision through other means. In the event the architectural and design requirements set forth herein conflict with more stringent requirements contained in a municipality's or the Lake County's Land Development Regulations, the more stringent requirement shall control, unless a waiver or variance to the conflicting provision is granted by the applicable jurisdiction.

(e)

If a waiver is granted and accepted by the applicant under this section, the lot shall not be eligible for a very low and low income housing waiver under section 22-9 to the extent that waiver would be granted for the educational or transportation impact fees.

(f)

Educational impact fee waivers shall be contingent upon the Lake County School Board identifying a source of school board funding that will be used to pay the educational impact fees for the services or facilities that would otherwise have been paid for by the dwelling unit that received the waiver. Should no funding source be available, or should an available funding source be inadequate to cover the total amount of the impact fees that are being waived, the waiver shall not be granted unless or until such funding becomes available so long as a certificate of occupancy has not been issued for said dwelling unit. Once a certificate of occupancy has been issued for a dwelling unit, said dwelling unit shall no longer be eligible for a waiver under this section.

(g)

Transportation impact fee waivers shall be contingent upon the Lake County Board of County Commissioners identifying a source of funding that will be used to pay the transportation impact fees for the services or facilities that would otherwise have been paid for by the dwelling unit that received the waiver. Should no funding source be available, or should an available funding source be inadequate to cover the total amount of the impact fees that are being waived, the waiver shall not be granted unless or until such funding becomes available so long as a certificate of occupancy has not been issued for said dwelling unit. Once a certificate of occupancy has been issued for a dwelling unit, said dwelling unit shall no longer be eligible for a waiver under this section.

(h)

Once a waiver is granted, a building permit shall be applied for and shall be issued within six (6) months of the issuance of the waiver. In the event a building permit is not issued within six (6) months, the impact fee waiver shall be deemed null and void. The applicant may request one (1) extension of time not to exceed three (3) months, with such extension being requested prior to the expiration of the six-month term. An extension shall only be granted if the applicant can provide sufficient documentation that the delay in applying for, or being issued the building permit, was beyond the control of the applicant, or the applicant's contractor or agent.

(i)

In no event shall any one (1) property owner, or any one (1) entity, be entitled to receive waivers for more than five (5) lots under this section in any one (1) fiscal year.

(j)

If there is an existing prepayment certificate or impact fee credit assigned to the property identified in the waiver application, the prepayment or credit shall first be applied to the applicant's share of any portion of the educational or transportation impact fees that are not waived. If the prepayment or credits exceed the applicant's share of the educational or transportation impact fees, the remaining prepayment or credits shall be applied to reduce the amount of the approved waiver. In no event shall the applicant be entitled to a refund of any prepayment or impact fee credit under the provisions of this section.

(k)

Municipalities may opt out of the provisions of this section by submitting to the county a duly executed resolution from the city council indicating that it shall not participate in this program. A copy of the resolution shall be sent to the county manager or designee.

(Ord. No. 2017-25, § 3, 5-9-17; Ord. No. 2019-18, § 2, 3-12-19)