(1)

Prior to the issuance of any permit for any activity specified in subsection (2) in any zoning district, excluding the single-family residential districts or the R-2 district but including any nonresidential development in such single-family residential districts or the R-2 district, site plan approval shall be required. The planning and zoning board shall have the authority to consider and act upon applications for site plan approval, except that the city manager shall consider and act upon applications for a minor site plan amendment, and that the parks and recreation board or the city council shall have the authority to consider and act upon certain applications for site plan approval, as otherwise specified in this chapter. Provided, however, except for certain minor site plan amendments as specified in section 28-51(3)(e), no final action shall be taken until the application has received review and recommendation by the community appearance board. For purposes of this division, the term "site plan approval" shall include site plan amendments.

(2)

The following activities shall require site plan approval (and any such activities shall be consistent with the approved site plan):

(a)

Construction of a building or addition thereto, or modification of a building impacting the shape or size of the building;

(b)

Any increase in density or intensity on a plot; or

(c)

Physical changes on a plot including, but not limited to, grade modifications, paved areas and similar solid surfaces, open space, vehicular and pedestrian access ways (including any changes to ingress and egress points), parking and loading area configurations, and similar changes. Notwithstanding the foregoing, any such physical changes on a plot specified in this subsection (c) that are determined by the development services director to be minor in nature and to have no impact on site function, adjoining properties or adjoining rights-of-way shall be exempt from site plan review and approval.

(3)

A minor site plan amendment shall be subject to review and action by the city manager or designee. A minor site plan amendment shall mean a site plan amendment that includes only 1 or more of the following (and changes necessitated by, and directly connected therewith) in the sole determination of the city:

(a)

The construction of an accessory building, the construction of a main building and/or an addition to an existing building which accessory building, main building and/or addition is 50,000 square feet or less in the aggregate of building construction. The 50,000 square foot limitation for eligibility as a minor site plan amendment shall be cumulative of all minor site plan amendments after the most recent site plan approval at a public hearing (and shall not be calculated based upon each application for a minor site plan amendment);

(b)

The addition of parking spaces, or the reduction of parking spaces by no more than 10 percent from the most recent site plan approval at a public hearing (provided that the minimum number of spaces required by the Code continues to be met), or other changes to the layout of a parking lot (provided that all applicable standards of the Code, including, but not limited to, minimum landscaping requirements, continue to be met);

(c)

The addition or reduction of open space for (i) a plot with a non-residential use in a residential zoning district, so long as the plot will not have less than 40 percent open space as a result of the approval; or (ii) a plot with any other uses in any zoning district, provided the addition or reduction is no more or less than 10 percent of the open space reflected in the most recent site plan approval at a public hearing and the Code required minimum open space continues to be met);

(d)

Changes in the number of bedrooms per unit, or a reduction in the total number of units, for a multifamily residential development, which may also include, where applicable, a reduction in the number of provided parking spaces if and to the extent that the number of required spaces is reduced as a result of the reduction in the number of bedrooms and/or units, notwithstanding the limitation regarding parking spaces set forth in subsection (2)(b) above; or

(e)

Changes to approved architectural elevations and/or approved landscape plans, including where a site plan was approved as part of a conditional future land use element change or conditional rezoning pursuant to chapter 23, article VI. However, a minor site plan amendment that includes changes to greater than 20 percent of any facade of one or more buildings, or changes to greater than 20 percent of the total combined landscape and yard areas shall not be acted upon by the city manager until the proposed architectural elevations and landscape plans have received review and recommendation by the community appearance board pursuant to section 2-128.

(Ord. No. 5642, § 17, 1-10-23; Ord. No. 5706, § 9, 10-22-24)

Each application for site plan approval shall be processed in accordance with the procedures and requirements set forth in section 28-9, and shall include at least the information listed in (a) through (x).

(a)

Name and address of the record owner, the applicant, and the person preparing the site plan;

(b)

Location of property lines, existing easements, buildings, watercourses, and other essential features;

(c)

The width and location of any street or other public way shown on the city or county official map or comprehensive plan to be located within the site plan, and the width, location and grade of all streets or other public ways proposed by the applicant;

(d)

Date, north arrow and graphic scale;

(e)

Legal description and survey of the proposed site boundaries made and certified by a state-registered land surveyor;

(f)

The location of existing public utilities, including:

1.

Location of closest available city water supply system or collection lines and fire hydrants;

2.

Location of closest available city sewage collection system or collection lines;

3.

Existing (if applicable) and proposed provisions for the collection and discharge of surface drainage;

(g)

Preliminary design of any bridges or culverts which may be required;

(h)

Proposed location of sidewalks, accessible routes, curbs, gutters, water mains, sanitary sewers, storm drains, manholes, inlets, underground conduits, seawalls, and the sizes and shapes and types therefor, the character, width and depth of pavement and subbase, and other items controlled by the engineering design standards manual;

(i)

Location and width of any proposed permanent easements;

(j)

Where the site plan covers only a part of contiguous real property owned by the applicant, a master phasing plan for such additional acreage unless the applicant certifies that the remaining real property shall not be developed for business, commercial, industrial or miscellaneous zoning district purposes;

(k)

Adjacent area information, including:

1.

Existing land use;

2.

Zoning classification;

3.

Density and/or intensity;

4.

Circulation system;

5.

Public facilities;

6.

Natural features;

(l)

Proposed plot or building site lines with approximate dimensions, setbacks, and landscaped areas;

(m)

Area in square feet of each lot or building site;

(n)

The proposed treatment of the perimeter of the site, including the material and techniques used, such as screens, fences and walls;

(o)

The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as open spaces, public parks, recreational areas, and similar public or semipublic uses;

(p)

The existing and proposed pedestrian and bicycle circulation system, including its entry relationship with the vehicular circulation system, indicating proposed treatment of points of conflict;

(q)

The existing and proposed conditions relating to: zoning district and future land use designation; land uses; floor area ratio; density, number and type (number of bedrooms) of proposed dwelling units, minimum unit size and average unit size; height of all structures including maximum allowable height; parking calculations; and building setbacks;

(r)

Established grade as prescribed in the building code, to also be included on required construction plans and documents;

(s)

Landscape plan;

(t)

Building elevations;

(u)

Photometric plan;

(v)

Floor plans;

(w)

Preliminary civil engineering plan(s) (water, sewer, paving and grading, and drainage, as applicable);

(x)

Any additional information as may be reasonably required by the development services director.

(Ord. No. 5642, § 17, 1-10-23)

(1)

Notice of public hearings shall be provided as set forth in section 28-8.

(2)

At least 10 days prior to taking action with regard to an application for a minor site plan amendment, the city manager shall cause a notice to be posted (i) on the property subject to the application for a minor site plan amendment in a prominent location on the property and in a manner that is plainly visible from at least 1 abutting street, and (ii) in a location at city hall generally reserved for the posting of public notices, and (iii) on the city's website. The notice shall include the following: (i) the address of the property; (ii) contact information that may be used to make any inquiries, comments or objections regarding the application; (iii) a brief narrative description of the improvements or other changes proposed as part of the minor site plan amendment; and (iv) the time period for receipt of comments by staff and the filing of an appeal. Placement of the sign by the city shall satisfy the posting requirement, regardless of whether the sign is subsequently removed by another party; provided, however, that the property owner shall not remove the sign, or the cause the sign to be removed, prior to completion of any action by the city manager noticed thereon.

(Ord. No. 5642, § 17, 1-10-23)

(1)

The planning and zoning board or the city manager, as applicable, after review of the site plan, application and other materials, shall either approve the site plan, not approve the site plan or approve the site plan with conditions. The city manager or the planning and zoning board, as applicable, shall consider, but the consideration shall not be limited to, the following factors when reviewing a site plan application:

(a)

All code and other technical regulation requirements, and the intent of the Code and the comprehensive plan;

(b)

The method of pedestrian and vehicular ingress and egress;

(c)

Internal traffic circulation and vehicular parking, and the traffic impact upon abutting properties, particularly where the abutting properties are residential;

(d)

Lighting;

(e)

Environmental pollution, including noise (including, but not limited to, compliance with chapter 10 of the City Code), light and air;

(f)

Garbage and refuse collection (including, but not limited to, compliance with chapter 14 of the City Code);

(g)

Surface water drainage (including, but not limited to, compliance with chapter 21 of the City Code);

(h)

Water supply and sewer collection (including, but not limited to, compliance with chapter 17 of the City Code);

(i)

Energy conservation and efficiency;

(j)

Location of structures and uses on the site plan;

(k)

The relationship of the site plan to existing or planned transportation, utility and public facilities, any deficiencies in such locations, and the curing of such deficiencies;

(l)

Compatibility of proposed use with adjacent uses;

(m)

Landscaping and screening, including consistency with all applicable city landscaping requirements;

(n)

Consistency of building architecture with applicable criteria set forth in section 2-130;

(o)

The availability of utility easements to provide municipally franchised electric, telephone, cable television, or other service;

(p)

Any other factor that would promote and further the health, safety, and welfare of the community and the comprehensive plan.

(2)

If there is an accompanying application(s) to the site plan such as a conditional use or planned development application requiring city council review and approval, the city council shall, contemporaneously with its action on the accompanying application(s), have the authority to modify the site plan after the planning and zoning board action to effectuate the accompanying application(s) approval(s).

(Ord. No. 5642, § 17, 1-10-23; Ord. No. 5706, § 10, 10-22-24)

A decision of the planning and zoning board on a site plan application (or a decision of the parks and recreation board, where applicable) may be appealed to the city council. A decision of the city manager on an application on a minor site plan application may be appealed to the planning and zoning board, and the board's determination may further be appealed to the city council. Such appeals shall be processed in accordance with the procedures and requirements set forth in section 28-10.

(Ord. No. 5642, § 17, 1-10-23)

After a site plan has been approved in conformity with this division, all development undertaken by the applicant or any successor in interest to the land covered by such site plan shall be consistent with the approved site plan. Any activities on the land covered by such site plan that are inconsistent with the approved site plan shall be a violation of this Code. This section shall not limit the applicant or any successor from applying hereunder for a new or amended site plan.

(Ord. No. 5642, § 17, 1-10-23)

A site plan approval shall expire no later than 24 months from the date of the approval unless all necessary building permits for all improvements set forth on the approved site plan have been issued by the city; otherwise, the approval shall be null, void and of no further effect. Provided, however, that a shorter expiration period may be imposed as part of the site plan approval. The duration of a site plan approval may be extended 1 time only for no greater than an additional 24 months by the planning and zoning board (or by the city manager in the case of a minor site plan amendment), provided a complete application for extension is filed at least 60 days prior to the expiration date of the site plan approval. The application shall include such information as may be required by the development services director in order to evaluate the request. The applicant must demonstrate compliance with concurrency management requirements. The application and public notice requirements for an extension shall be the same as for approval of a new application for site plan approval. The planning and zoning board shall consider an application for extension, shall conduct a public hearing on the application, and shall act upon the application by resolution. Failure to file such an application shall constitute the waiver by the applicant of the right to seek an extension. No extension pursuant to this section shall be available with respect to any period of extension authorized under state law or action of the Governor which extends the effectiveness of said site plan (accordingly, extensions under state law reduce the time period for the extensions available under this section on a 1-day-for-1-day basis).

(Ord. No. 5642, § 17, 1-10-23)

Site plan approval under this division may occur contemporaneously with applications for conditional use approval, plat approval, variances, technical deviations and, where otherwise provided in this Code, applications for conditional future land use map amendments and conditional rezonings.

(Ord. No. 5642, § 17, 1-10-23)

(1)

No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in conformity with all the provisions of this chapter.

(2)

No license or permit shall be issued for the use of any premises or the conduct or operation of any business, enterprise, occupation, trade or profession which would involve in any way or constitute a violation of this chapter.

(Ord. No. 253, § 21.2, 2-28-56)

All applications for building permits shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the plot involved in the application, the location of the use, or building to be erected or altered, and all other uses and buildings on the property and such other information as may be necessary for the enforcement of this chapter.

(Ord. No. 253, § 21.3, 2-28-56)

This section sets forth procedures and standards for conditional use approval. A conditional use may be permitted which meets the general standards and special standards set forth in this chapter subject to conditions established by the city council to protect the health, safety and welfare of the community.

(Ord. No. 4323, § 1, 5-1-97)

(1)

Each application for conditional use approval shall be processed in accordance with the procedures and requirements set forth in section 28-9.

(2)

Conditional uses may be approved by the city council after a public hearing with public notice as required in this section. Where approval of a conditional use application would necessitate approval of a site plan application, a site plan application shall be submitted and processed concurrently with the conditional use application. Prior to review by the city council, the planning and zoning board shall conduct a public hearing on the conditional use application and, where applicable, the site plan application, and shall submit its recommendation to the city council.

(3)

Notice of public hearings shall be provided as set forth in section 28-8.

(Ord. No. 4323, § 1, 5-1-97; Ord. No. 5600, § 16, 10-26-21; Ord. No. 5642, § 18, 1-10-23)

(1)

In order to approve a conditional use, the city council shall find that the application meets each of the following criteria:

(a)

The use is compatible with present, existing or planned development in the area proposed for the use;

(b)

The use will not adversely affect population densities, light, air, and natural resources, including native ecosystems;

(c)

The character of the district is suitable for the particular use requested;

(d)

The use is consistent with the needs of the city for land areas for specific purposes to serve population and economic activities;

(e)

The use will not create an adverse impact on playgrounds, parks, schools and public and private recreation areas;

(f)

Adequate infrastructure is available, including roadway capacity and suitability, water and sewer service, drainage, parks, solid waste service and other infrastructure required for the use, as determined pursuant to the applicable objectives and policies set forth in the capital improvements element of the comprehensive plan;

(g)

The use is consistent with the comprehensive plan;

(h)

Parking facilities, entrances and exits are adequate; and

(i)

The use will not adversely affect the public health, safety comfort, convenience, order, appearance, general welfare and the city tax base.

(2)

The city council may approve, approve with modifications and/or conditions, or deny an application for conditional use approval, and such action shall be by resolution of the city council.

(Ord. No. 4323, § 1, 5-1-97; Ord. No. 5642, § 18, 1-10-23)

(1)

The conditional use approval shall expire and be null and void and of no further effect with no notice required to the applicant unless the conditional use is commenced as follows:

(a)

Prior to the expiration of 12 months after the date of the approval, if the conditional use may be commenced without construction or other activity requiring a building permit; or

(b)

Prior to the expiration of 24 months after the date of the approval, if the conditional use may be commenced only by construction or other activity requiring a building permit.

(2)

Issuance of a building permit or, where no building permit is required, a certificate of use, prior to expiration of approval shall be deemed commencement of the conditional use.

(Ord. No. 4323, § 1, 5-1-97; Ord. No. 5642, § 18, 1-10-23)

The duration of a conditional use approval that has been approved but has not been commenced may be extended 1 time only for an additional 24 months by the city council after the request is submitted to the planning and zoning board for its recommendation, and provided that a complete application for extension is submitted 60 days prior to the expiration date of the original conditional use approval. The application shall include such information as may be required by the development services director in order to evaluate the request. The applicant must demonstrate compliance with concurrency management requirements. The application and public notice requirements for an extension shall be the same as for approval of a new application for conditional use approval. An application for an extension shall be considered by the planning and zoning board after a public hearing, and the planning and zoning board shall make a recommendation to the city council regarding the request for an extension. The city council shall consider the application and the recommendation of the board, shall conduct a public hearing on the application, and shall act upon the application by resolution. No extension pursuant to this section shall be available with respect to any period of extension authorized under state law or action of the Governor which extends the effectiveness of said conditional use (accordingly, extensions under state law reduce the time period for the extensions available under this section on a 1-day-for-1-day basis).

(Ord. No. 4323, § 1, 5-1-97; Ord. No. 5642, § 18, 1-10-23)

A conditional use which has commenced shall lapse and the conditional use approval shall be null, void and of no further effect, with no notice required to the property owner, if the conditional use ceases or is discontinued for a period of more than 6 months. The conditional use shall be deemed to have ceased or been discontinued for the above period if the certificate of use is not renewed for a period of 6 months or more, or, in the event a certificate of use is not required, the premises is vacated for a period of 6 months or more, or is replaced by another use. Provided, however, that the premises shall not be deemed to be vacated if the building or space in which the conditional use is conducted is under renovation pursuant to a valid, active building permit.

(Ord. No. 4323, § 1, 5-1-97; Ord. No. 5642, § 18, 1-10-23)

(1)

Except as provided in subsection (2) below, any modification of any approval pursuant to this division shall be processed in the same manner as a new application.

(2)

Any amendment to an approved site plan associated with a conditional use, whether such site plan or (any subsequent amendments thereto) was approved by the city council or the planning and zoning board (which shall include those styled as a "master plan" where no master plan was required by this Code), including any amendment that authorizes a change in use of the property to a permitted use in the applicable zoning district or to a conditional use in the applicable zoning district that has already been approved by the city council pursuant to a resolution that is in effect and has not expired, may be approved by the planning and zoning board in accordance with the procedures in division 2 of this article, provided that the amendment would not permit any of the following to occur:

(a)

An increase in the intensity and/or density of an approved conditional use on the property, except where an increase in intensity is a result of an increase in building square footage that is eligible for approval as a minor site plan amendment pursuant to section 28-51(3).

(b)

A reduction of open space or previously required landscaping, except where any reduction in open space is eligible for approval as a minor site plan amendment pursuant to section 28-51(3).

(c)

A violation of any condition of the conditional use approval granted by the city council.

(Ord. No. 4323, § 1, 5-1-97; Ord. No. 5642, § 18, 1-10-23)

Editor's note— Ord. No. 5642, § 18, adopted Jan. 10, 2023, amended § 28-106 and in doing so changed the title od said section from "Modification of conditional use approval" to "Amendment of conditional use approval," as set out herein.

Any party aggrieved by a final decision of the city council pursuant to this division may appeal as provided by the Florida Rules of Appellate Procedure.

(Ord. No. 5642, § 18, 1-10-23)