(a)

Generally. The purpose of a neighborhood meeting is to educate occupants and owners of nearby lands about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible.

(b)

Applicability. Neighborhood meetings are mandatory for applications for a future land use map amendment, rezoning, and special exception. The city shall not accept an application for a future land use map amendment, rezoning, or special exception if the applicant has not conducted a neighborhood meeting. Neighborhood meetings are optional for all other applications. The applicant shall conduct a neighborhood meeting prior to filing its application with the city. The applicant shall conduct a second neighborhood meeting within 30 days after the city has deemed the application to be sufficient.

(c)

Procedure. If a neighborhood meeting is held by the applicant, it shall generally comply with the following procedures:

(1)

Time and place. The applicant shall arrange the location of the neighborhood meeting, which shall be reasonably convenient and accessible to the owners of property located in close proximity to the land subject to the application. The facility at which the neighborhood meeting will occur must be of sufficient size to accommodate expected attendance. The neighborhood meeting shall be scheduled after 5:00 p.m. on a weekday or between 9:00 a.m. and 8:00 p.m. on a weekend day. The city manager or her designee may grant a waiver from the requirement to hold the neighborhood meeting after 5:00 p.m. on a weekday if the applicant demonstrates, in writing, that a particular hardship or undue burden exists that prevents the applicant from holding the neighborhood meeting after 5:00 p.m. on a weekday.

(2)

Notification. The applicant shall provide notification of the neighborhood meeting a minimum of 21 calendar days in advance of the meeting by placing notice in a newspaper of general circulation and by mailing notice to all owners of property located within 1,000 feet of the land subject to the application. The list of owners within 1,000 feet of the affected property shall be obtained by the applicant from the most recent version of the property owners of record provided by the Lee County Property Appraiser. If the affected property is subject to the requirements of a property owners' association or a condominium owners' association, the applicant shall provide notice of the neighborhood meeting to such association in the same manner as stated above for property owners. The City of Bonita Springs, in care of the city manager, shall be added to the notification mailing list for all neighborhood meetings. The notification shall state the time and place of the meeting.

(3)

Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal including, but not limited to, the proposed uses, densities, intensities, and, if applicable, the proposed master concept plan, inform attendees of the character and nature of the process for review, and respond to comments and questions that attendees may have about the application and propose ways to resolve conflicts. Materials and exhibits shall be displayed in a format and size that can be easily viewed by the attendees of the neighborhood meeting.

(4)

Staff attendance. City staff may attend the neighborhood meeting for the purpose of advising the attendees regarding applicable provisions of the city's land use regulations, but shall not serve as facilitators or become involved in negotiations at the neighborhood meeting.

(5)

Written summary of pre-application neighborhood meeting. The applicant shall include a written summary of the pre-application neighborhood meeting, as well as copies of all documents and exhibits that the applicant presented during the neighborhood meeting, with its application. The written summary shall include a list of those in attendance, a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information the applicant deems appropriate.

(6)

Written summary of post-sufficiency neighborhood meeting. The applicant shall comply with the requirements of section (c)(5) within ten days of conducting a post-sufficiency neighborhood meeting. The written summary and copies of all documents and exhibits that the applicant presented during the neighborhood meeting shall be provided to the city planner assigned to the application.

(7)

Response to summary. Any person in attendance at a neighborhood meeting may submit an additional written summary indicating his or her understanding of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information he or she deems appropriate. This written summary may include a response to the applicant's written summary of the neighborhood meeting. The written summary shall be included with the application materials, and be made available for public inspection.

(Ord. No. 18-15, § 1, 9-5-2018)

No public hearing required by this chapter shall be held by the zoning board, local planning agency or city council until notice of the public hearing has been provided in accordance with the requirements set forth in this article.

(Ord. No. 11-02, § 3(4-51), 1-19-2011)

(a)

Definition. The term "local public official," for this section, means any elected or appointed public official holding a municipal office who recommends or takes quasi-judicial action as a member of a board or commission.

(b)

Access permitted. Any person not otherwise prohibited by statute, Charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by any board or commission on which the local public official is a member.

(c)

Procedures. Adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials:

(1)

The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject 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 before final action on the matter.

(2)

A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter.

(3)

Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter.

(4)

Disclosure made pursuant to subsections (1), (2), and (3) of this subsection must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication.

Res. No. 00-18, adopting the ex parte communications process as outlined in F. S. § 286.0115 is on file in the city clerk's office.

(Ord. No. 11-02, § 3(4-52), 1-19-2011)

State Law reference— Ex parte communications process adopted by resolution, F.S. § 185.0015.

(a)

The schedule of fees and charges for matters pertaining to this chapter shall be posted in the office of the department of community development. The charges listed may be changed by resolution of the city council.

(b)

No permit shall be issued and no inspection, public notice or other action relative to a zoning matter shall be instituted until after such fees and charges have been paid.

(Ord. No. 11-02, § 3(4-53), 1-19-2011)

The city council shall appoint the members of the local planning agency.

(Ord. No. 11-02, § 3(4-81), 1-19-2011; Ord. No. 12-17, § 1(4-81), 12-19-2012)

The city council or its designee may initiate rezonings, including use of TDR or affordable housing bonus density units, special exceptions, variances, developments of regional impact and zoning ordinance amendments. See section 4-293.

(Ord. No. 11-02, § 3(4-82), 1-19-2011)

(a)

Land use ordinance amendments or adoption.

(1)

Function. The city council must hold public hearings on all proposed land use ordinance amendments or adoptions.

(2)

Considerations. When deciding whether to adopt a proposed land use ordinance or amendment, the city council must consider the same criteria, recommendations and issues as set forth in section 4-88(b), as well as the recommendation of the local planning agency, but are not required to accept these recommendations.

(3)

Decisions and authority. The decision of the city council on any proposed land use ordinance amendment or adoption is final.

(4)

Appeals. Appeals of any decision concerning land use ordinance amendments or adoption may be taken in accordance with applicable state law.

(5)

Voting. Any decision by city council to amend its comprehensive plan, whether by a text or map amendment, which will allow a structure to be built at a height greater than 75 feet, will require the affirmative vote of five or more council members, provided that this requirement shall be subject to, and not contravene, the provisions of the City Charter, including, but not limited to Charter § 26 thereof. This enhanced voting requirement will not be applicable to the processing of any comprehensive plan amendment applications that were filed before December 1, 2016.

(b)

Zoning actions.

(1)

Function.

a.

City council must hold public hearings (see sections 4-224 through 4-229) on all zoning applications, including variances and special exceptions, unless administrative decisions are authorized elsewhere in this Code.

b.

All requests for variances, use of TDR or affordable housing bonus density units, and special exceptions which are part of an application for a rezoning must be considered by the city council with the application for rezoning and heard together with and at the same time as the rezoning.

(2)

Considerations. In rendering its decision, the city council must consider the following:

a.

The considerations set forth in section 4-124 which are applicable to the case.

b.

The substantive recommendation of the zoning board when applicable.

(3)

Findings. Before granting any rezoning, special exception, or variance, the city council must find that:

a.

The applicant has proved entitlement to the rezoning or special exception by demonstrating compliance with the Bonita Plan, this Land Development Code, and any other applicable code or regulation;

b.

The request will meet or exceed all performance and locational standards set forth for the potential uses allowed by the request;

c.

The request is consistent with the densities, intensities and general uses set forth in the Bonita Plan;

d.

The request is compatible with existing or planned uses in the surrounding area;

e.

Approval of the request will not place an undue burden upon existing transportation or other services and facilities and will be served by streets with the capacity to carry traffic generated by the development;

f.

Where applicable, the request will not adversely affect environmentally critical areas and natural resources;

g.

In the case of a planned development rezoning, the decision of the city council must also be supported by the formal findings required by section 4-299(a)(2) and (4);

h.

The city council must also find that public facilities and services, as defined in the Bonita Plan, are, or will be, available and adequate to serve the proposed land use; and

i.

In the case of a recommendation pertaining to wireless communication facilities, the decision of the city council must also be supported by the formal findings set forth in sections 4-1219(b) and 4-1225, as applicable.

(4)

Decisions and authority.

a.

In exercising its authority, the city council:

1.

Must consider the recommendation of the zoning board, but may, in conformity with the provisions of this chapter, reverse, affirm or modify the recommendation of the zoning board, or remand the recommendation to afford due process.

2.

May not approve a rezoning other than the rezoning published in the newspaper unless the change is more restrictive than the proposed rezoning published.

3.

Has the authority to attach such conditions and requirements to any approval of a request for a special exception, development of regional impact, planned development, use of TDR or affordable housing bonus density units in conjunction with a rezoning request, or variance within their purview, deemed necessary for the protection of the health, safety, comfort, convenience or welfare of the general public. These conditions and requirements must be reasonably related to the action requested.

4.

In the case of a recommendation pertaining to wireless communication facilities, the city council must consider the decision as a recommendation only and may, in conformity with the provisions of this chapter, reverse, affirm or modify the decision of the zoning board, or remand the case to the zoning board.

b.

The decision of the city council on any matter listed in this subsection (4) is final. If there is a tie vote, the matter considered will be continued until the next regularly scheduled meeting for decisions on zoning matters by the city council, unless four of the members present and voting agree by motion, before the next agenda item is called, to take some other action. Such other action may be moved or seconded by any member, regardless of his vote on any earlier motion.

c.

Any denial by the city council is denial with prejudice, unless otherwise specified by the city council (see section 4-200).

(5)

Judicial review. Judicial review of final decisions under this section must be in accordance with section 4-55.

(6)

Special master. Final decisions under this section may be the subject of a request for relief under F.S. § 70.51, within 30 days after the decision has been rendered. For the purposes of computing the 30-day period, the date the decision has been rendered is the date of the public hearing at which the city council made such decision by oral motion. The request for relief must allege that a decision of the city council is unreasonable or unfairly burdens the use of the subject property. A request for relief will be heard by an impartial special master in accordance with the procedure set forth in the administrative code.

(c)

Appeals resulting from acts of administration or city boards

(1)

The city council will consider appeals resulting from decisions or acts of its community development department or city boards who have been delegated with final decision making powers, including the historic preservation board, tree advisory board, etc., where that board's decision has the right to appeal to the city council. Subject to this section, the city council will conduct hearings and make final decisions concerning appeals from administrative actions where it is claimed that there is an error in any order, requirement, decision, interpretation, determination or action of any administrative official (or board with final decision making powers) charged with the administration and enforcement of the provisions of the Land Development Code or any other ordinance that provides for a similar review.

(2)

No appeal to the city council may lie from any act by an administrative official pursuant to:

a.

An ordinance, resolution or directive of the city council directing the department of community development to perform such act;

b.

Any ordinance or other regulation or provision in this Land Development Code which provides a different appellate procedure;

c.

Zoning verification letters;

d.

An administrative official's determinations of state or federal statutes, state or federal codes, rules, or regulations. If the city council must interpret or apply state or federal statutes, state or federal codes, rules or regulations in reaching a decision on an appeal, the city council is not authorized to hear the appeal and the case must be dismissed; or

e.

Appeals of administrative interpretations of the comprehensive plan will be processed in accordance with the administrative section of the comprehensive plan. Likewise, interpretations of the state building code and other technical codes will be processed in accordance with the rights to appeal in those specific codes.

(3)

No appeal may be considered by city council where it appears to be a circumvention of an established or required procedure. Specifically, in no case may an appeal be heard when the city council determines that the case should more appropriately be heard on a request for a special exception or variance.

(4)

Unless there is a specific time limit specified in a controlling ordinance, applicants will have 30 days from the date of the specific decision or act of the community development department to appeal the decision, otherwise the use of an appeal is time-barred from consideration. The request must be filed with the city clerk, who will date stamp when filed in that office and transmit the appeal to the director of community development and the city attorney's office.

(5)

Notices of hearings on appeals will be provided for in the agenda for regular city council meetings. No additional notices will be prepared to affected property owners or the public. Placement of appeals will be on the appeals portion of the agenda. The city attorney will schedule the item at a city council meeting, with the record consisting of the greensheet, application for the appeal, the actual record of the staff decision or act, and a staff response.

(6)

The city council will not consider appeals for challenges to a development order controlled by F.S. § 163.3215. In cases of challenges to development orders controlled by F.S. § 163.3215, no suit may be brought or filed or accepted for filing until the development order giving rise to the complaint has become final by virtue of its having been issued by the director, or by virtue of its having been ordered by the city council on an appeal reversing the director's denial of the development permit or denial of a development order extension, or by the city council in cases where the city council has granted planned development zoning. Once a development order has been granted, the provisions of F.S. § 163.3215 will be the sole means of challenging the approval of a development order, as that term is defined in F.S. § 163.3164(6), when the approval of the development order is alleged to be inconsistent with the Bonita Plan, in which case an action brought pursuant to F.S. § 163.3215 will be limited exclusively to the issue of comprehensive plan consistency.

(7)

Except as may be required by F.S. § 163.3215, and then only pursuant to that statute, a third party will not have standing to appeal an administrative decision. Only the applicant or their agent will be permitted to appeal such administrative action as set forth in this section.

(8)

Considerations.

a.

In reaching a decision, city council must consider the following criteria, as well as any other issues that are pertinent and reasonable:

1.

Whether appeal is of a nature properly brought before the city council for a decision.

2.

The plain and ordinary meaning of all applicable ordinance or code provisions, unless the language is unclear or ambiguous; then the intent of the ordinance or code provision applied or interpreted may be considered.

b.

Staff recommendations, the testimony of the parties and witnesses and testimony of the general public must also be considered.

c.

All parties may present evidence and testimony as to laws or facts supporting their position in the case.

(9)

Findings. Before granting an appeal, the city council must determine if an error was made by the administrative official or advisory board.

(10)

Authority. The city council has the authority to reverse, affirm or modify the decisions or actions of the administrative official.

(Ord. No. 03-15, 8-6-2003; Ord. No. 11-02, § 3(4-83), 1-19-2011; Ord. No. 11-04, § 1(4-83), 3-16-2011; Ord. No. 12-06, § 1(4-83), 5-2-2012; Ord. No. 12-17, § 1(4-83), 12-19-2012; Ord. No. 17-11, § 1, 6-21-2017)

(a)

Any person who may be aggrieved by a decision the city council made pursuant to an application for rezoning, development of regional impact, special exception that meets the criteria of a development of city impact, or special exceptions or variances adopted on their own as a resolution or heard as part of a rezoning, may file a written request for a public rehearing by the city council for a modification or rescission of the decision. The request must be filed with the director of community development and the city attorney's office within 15 calendar days after the decision. For purposes of computing the 15-day period, the date of the decision is the date of the public hearing at which the city council made its decision by oral motion.

(b)

All requests for a public rehearing must state with particularity any new evidence or the points of law or fact which the aggrieved person argues the city council has overlooked or misunderstood, and must include all documentation offered to support the request for a rehearing. The city council will decide whether to grant or deny the request for a rehearing based exclusively upon the aggrieved person's written request and supporting documentation and the administrator's written analysis thereof. In addition, if the request is made by one other than the original applicant, the city must notify the applicant of the filing of the request for a rehearing and the applicant must be allowed to submit his independent written analysis. The deliberations of the city council with respect to the question of whether to grant a rehearing do not constitute a public hearing, and no oral testimony will be allowed or considered by the city council in the course of these deliberations. An aggrieved person need not request a rehearing in order to exhaust his administrative remedies as a condition precedent to filing an appeal to the circuit court.

(c)

Judicial review. The proper filing of a petition for rehearing will toll the 30-day time limit set forth for judicial review of final decisions in section 4-55. If a rehearing request is refused, or if the request is granted but modification or rescission of the original motion of the city council is denied, any aggrieved person may, within 30 calendar days after such refusal or denial, apply for judicial review of the original motion in accordance with section 4-55. No judicial review is available to review the city council decision to refuse a rehearing request.

(d)

There is no right to apply to court for relief on account of any determination or recommendation of the zoning board in those actions listed in section 4-53(b)(1) which require public hearing before the city council.

(Ord. No. 03-15; Ord. No. 11-02, § 3(4-84), 1-19-2011; Ord. No. 11-04, § 1(4-84), 3-16-2011)

(a)

Any final decision of the city council may be reviewed by the circuit court unless otherwise provided in this article. Except for review of verified complaints filed pursuant to F.S. § 163.3215, jurisdiction for review of any final decision of the city council lies exclusively in circuit court. This review may only be obtained through filing a petition for writ of certiorari pursuant to the Florida Rules of Appellate Procedure. Any such petition must be filed within 30 calendar days after the decision has been rendered. For the purposes of computing the 30-day period, the date that the decision has been rendered is the date of the public hearing at which the city council made such decision by oral motion.

(b)

The person making application to the city council for any final decision that is entitled to judicial review is a necessary and indispensable party to any action seeking judicial review.

(Ord. No. 11-02, § 3(4-85), 1-19-2011)

There is hereby created the city planning commission which pursuant to F.S. § 163.3174 is designated the local planning agency, advisory to the city council, which shall have the composition and powers contained herein.

(Ord. No. 00-02, § 1, 6-14-2000; Ord. No. 11-02, § 3(4-111), 1-19-2011)

(a)

The planning commission (local planning agency) shall be comprised of seven members, who shall be legal residents of the city, appointed by the mayor, with the advice and consent of the city council. Each councilmember is entitled to make a recommendation to the council of at least one planning commissioner.

(b)

Regular terms. The terms of the local planning agency shall be three years, commencing on January 1 and ending December 31, with the terms staggered so that two members shall be appointed in the first year, two in the next year and three in the next year.

(Ord. No. 00-02, § 2, 6-14-2000; Ord. No. 11-02, § 3(4-112), 1-19-2011)

(a)

The planning commission (local planning agency) shall serve without compensation, but may be reimbursed for actual and reasonable expenses in accordance with city policy.

(b)

The city council will provide reasonable funding and technical assistance to the commission in carrying out their functions and duties.

(Ord. No. 00-02, §§ 4, 5(c), 6-14-2000; Ord. No. 11-02, § 3(4-113), 1-19-2011)

(a)

Officers and staff.

(1)

The mayor shall appoint the chair and the planning commission (local planning agency) shall elect a vice-chair from among its membership. The vice-chair is authorized to perform all duties of the chair in the absence of the chair.

(2)

Reserved.

(3)

The chair shall preside over the proceedings of the commission and shall be entitled to participate fully in all discussions, to make and second motions, and to vote.

(4)

The chair shall cause the commission to prepare rules of procedure for the commission, and amendments to rules, for approval by the city council.

(b)

Meetings.

(1)

The department director shall set the time and place of the meetings of the local planning agency. However, if a meeting, once started, exceeds the time which has been scheduled for the meeting, it may be continued to a date, time and place certain, as the local planning agency shall determine. The local planning agency shall meet at least once a month, unless no business is pending before it. Additional meetings shall be held at the call of the chair or secretary and at all such other times as the members may determine.

(2)

Any action by the local planning agency shall require the presence of a quorum. Four members shall constitute a quorum of the local planning agency. If any member shall have more than three consecutive unexcused absences, the chair shall report the matter to the city council and unless good cause is shown, the council shall remove the member.

(3)

All meetings shall be open to the public.

(4)

The local planning agency shall adopt procedures for public participation. Such procedures shall comply with the criteria set forth in F.S. § 163.3181.

(c)

Voting, generally.

(1)

Unless otherwise required by law or ordinance, action shall be taken by majority of the quorum present.

(2)

If a majority decision cannot be obtained, or if a tie vote results from a motion to recommend to the city council that a proposed matter be approved, or to recommend that it be denied, then the matter being considered shall be deemed to have been denied, unless a majority of the members present and voting agree by motion, before the next agenda item is called, to take some other action in lieu of a denial. Such other action may be moved or seconded by any member, regardless of his vote on any earlier motion. If such other action is not agreed to be taken, the minutes of the local planning agency shall show that the motion was called and that the matter voted upon was denied.

(d)

Records.

(1)

The secretary shall record and transcribe minutes of all proceedings. At a minimum, such minutes shall summarize testimonies, and shall reflect the motion and the votes.

(2)

The department staff shall keep indexed records of all meetings, agendas, findings, determinations and resolutions. Such records shall be public records.

(Ord. No. 00-02, § 7, 6-14-2000; Ord. No. 01-19, § 1, 12-19-2001; Ord. No. 11-02, § 3(4-114), 1-19-2011; Ord. No. 20-01, § 2, 3-4-2020)

State Law reference— Public records, F.S. ch. 119; meetings open to the public, F.S. § 286.011.

(a)

Functions. The local planning agency shall have the following statutorily prescribed duties and responsibilities:

(1)

Have general responsibility for the conduct of the comprehensive planning program.

(2)

Be responsible for preparation of the local comprehensive plan and make recommendations to the city council regarding the adoption of such plan or element or portion thereof.

(3)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the city council such changes in the comprehensive plan as may be required, including preparation of the periodic reports required by F.S. § 163.3191.

(4)

Review proposed land development regulations and land development codes, or amendments thereto, and make recommendations to the city council as to consistency of the proposal with the adopted comprehensive plan or element or portion thereof.

(5)

Perform any other functions, duties and responsibilities which may be assigned to it by the city council or general or special law.

(b)

Considerations. In preparing its recommendation on any matter as described in subsection (a) of this section, the local planning agency shall consider the following, whenever applicable:

(1)

Whether there exists an error or ambiguity which must be corrected.

(2)

Whether there exist changed or changing conditions which make approval of the matter appropriate.

(3)

The testimony of any applicant.

(4)

The recommendation of staff.

(5)

The testimony of the public.

(6)

Whether a proposed matter is consistent with the goals, objectives, policies and intent of the Bonita Plan.

(c)

Decisions and authority. The local planning agency shall make recommendations concerning determinations of Bonita Plan consistency, as the Bonita Plan relates to proposed land development regulations and ordinances, to the city council.

(Ord. No. 00-02, § 8, 6-14-2000; Ord. No. 11-02, § 3(4-115), 1-19-2011)

There is hereby created the city zoning board for land use adjustments which is advisory to the city council, which shall have the composition and powers contained herein.

(Ord. No. 00-06, § 1, 6-28-2000; Ord. No. 11-02, § 3(4-141), 1-19-2011)

The zoning board shall be comprised of seven members, who shall be legal residents of the city, appointed by the mayor, with the advice and consent of the city council. Each councilmember is entitled to make a recommendation to the council of at least one zoning board member.

(Ord. No. 00-06, § 2, 6-28-2000; Ord. No. 11-02, § 3(4-142), 1-19-2011)

The terms of the zoning board shall be three years, commencing on January 1 and ending December 31, with the terms staggered so that two members shall be appointed in the first year, two in the next year and three in the next year.

(Ord. No. 00-06, § 3, 6-28-2000; Ord. No. 11-02, § 3(4-143), 1-19-2011)

Zoning board members shall serve without compensation, but may be reimbursed for actual and reasonable expenses in accordance with city policy.

(Ord. No. 00-06, § 4, 6-28-2000; Ord. No. 11-02, § 3(4-144), 1-19-2011)

The city council hereby designates the zoning board as the advisory board to provide for hearings on requests for rezoning, relief from provisions of the comprehensive plan and the land development regulations, and to perform other functions delegated to it by the city council. Specifically, the zoning board shall:

(1)

Hearings and recommendations. Conduct hearings and make recommendations to the city council concerning all zoning applications. Final decisions in such cases shall be made by the city council after the hearing, as set forth fully under section 4-131.

(2)

Appeals from administrative action. Appeals from administrative action will go directly to the city council. See section 4-53.

(3)

Other functions. The board shall perform such other related functions as may be required by law or assigned by the city council.

(Ord. No. 00-06, § 5, 6-28-2000; Ord. No. 11-02, § 3(4-145), 1-19-2011; Ord. No. 12-17, § 1(4-145), 12-19-2012)

With approval by resolution of the city council, the city council may contract with a hearing examiner, including the county hearing examiner's office or a special master to conduct hearings and make recommendations to the zoning board and/or city council.

(Ord. No. 00-06, § 6, 6-28-2000; Ord. No. 11-02, § 3(4-146), 1-19-2011)

With approval by resolution of the city council, the zoning board may conduct quasi-judicial hearings through one or more panels consisting of three members. In such case, a rotation system of panel members shall be devised by zoning board rule or council resolution. If the decision is not consistent with the recommendation of the planning technical staff, or another panel, or if an interested party appeals within ten days after the decision, it will be reviewed by the full zoning board.

(Ord. No. 00-06, § 7, 6-28-2000; Ord. No. 11-02, § 3(4-147), 1-19-2011)

Except as may otherwise be provided by city ordinance, all provisions for exercise of the powers, duties and functions by the zoning board, and all appeal rights and deadlines, shall be in accordance with the provisions contained in this Land Development Code and in accordance with the Bonita Plan.

(Ord. No. 00-06, § 8, 6-28-2000; Ord. No. 11-02, § 3(4-148), 1-19-2011)

The city council will provide reasonable funding and technical assistance to the zoning board in carrying out the functions and duties contained in this division.

(Ord. No. 00-06, § 9, 6-28-2000; Ord. No. 11-02, § 3(4-149), 1-19-2011)

(a)

The presence of at least four zoning board members shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to penalties contained herein.

(b)

If any member shall have more than three consecutive unexcused absences, the chair shall report the matter to the city council, and unless good cause is shown, the council shall remove the zoning board member.

(c)

Unless otherwise required by law or ordinance, action shall be taken by majority of the quorum present.

(Ord. No. 00-06, § 10, 6-28-2000; Ord. No. 11-02, § 3(4-150), 1-19-2011)

(a)

The mayor shall appoint the chair and the zoning board shall elect a vice-chair from among its membership. The vice-chair is authorized to perform all duties of the chair in the absence of the chair.

(b)

Reserved.

(c)

The chair shall preside over the proceedings of the board and shall be entitled to participate fully in all discussions, to make and second motions, and to vote.

(d)

The chair shall cause the board to prepare rules of procedure and amendments to such rules, for approval by city council.

(Ord. No. 00-06, § 11, 6-28-2000; Ord. No. 01-20, 12-19-2001; Ord. No. 11-02, § 3(4-151), 1-19-2011; Ord. No. 19-14, § 2, 12-18-2019)

(a)

Appeals from administrative action. Appeals are addressed in section 4-53.

(b)

Variances.

(1)

Function. The zoning board will hear all requests for variances from the terms of the regulations or restrictions of the Land Development Code and such other ordinances as may be assigned to the zoning board by the city council, except that no use variance may be heard or considered.

(2)

Considerations. In reaching their decision, the zoning board must consider the following criteria, recommendations and testimony:

a.

Whether exceptional or extraordinary conditions or circumstances exist which are inherent in the land, structure or building involved and whether those exceptional or extraordinary conditions or circumstances create a hardship on the property owner;

b.

Whether the exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant;

c.

Granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

d.

Staff recommendations;

e.

Testimony from the applicant; and

f.

Testimony from the public.

(3)

Findings. Before making a recommendation to grant any variance, the zoning board must find that all of the following exist:

a.

There are exceptional or extraordinary conditions or circumstances that are inherent to the property in question;

b.

The exceptional or extraordinary conditions or circumstances are not the result of actions of the applicant taken subsequent to the adoption of the ordinance (any action taken by an applicant pursuant to lawfully adopted regulations preceding the adoption of the ordinance from which this chapter is derived will not be considered self-created);

c.

The variance granted is the minimum variance that will relieve the applicant of an unreasonable burden caused by the application of the regulation in question to their property;

d.

The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

e.

The condition or situation of the specific piece of property, or the intended use of the property, for which the variance is sought is not of a general or recurrent nature so as to make it more reasonable and practical to amend the ordinance.

(4)

Authority.

a.

In reaching their recommendation, the zoning board has the authority to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested.

b.

Variances may be reviewed by themselves or as part of a rezoning.

c.

All recommendations of the zoning board concerning variances filed as part of a rezoning must be in the form of a recommendation to the city council. Only a participant or their representative will be afforded the right to address the city council.

(c)

Special exceptions.

(1)

Function. The zoning board will hear all applications for special exceptions permitted by the district use regulations.

(2)

Considerations. In reaching their decision, the zoning board must consider the following, whenever applicable:

a.

Whether there exist changed or changing conditions that make approval of the request appropriate.

b.

The testimony of any applicant.

c.

The recommendation of staff.

d.

The testimony of the public.

e.

Whether the request is consistent with the goals, objectives, policies and intent of the Bonita Plan.

f.

Whether the request meets or exceeds all performance and locational standards set forth for the proposed use.

g.

Whether the request will protect, conserve or preserve environmentally critical areas and natural resources.

h.

Whether the request will be compatible with existing or planned uses.

i.

Whether the request will cause damage, hazard, nuisance or other detriment to persons or property.

j.

Whether a requested use will be in compliance with all general zoning provisions and supplemental regulations pertaining to the use set forth in this chapter.

(3)

Findings. Before making a recommendation to the city council to grant any special exceptions, the zoning board must find that the applicant has proved entitlement to the special exception by demonstrating compliance with:

a.

The Bonita Plan;

b.

This chapter; and

c.

Any other applicable ordinances or codes.

(4)

Authority.

a.

The zoning board must make the recommendation to grant the special exception unless they find the request is contrary to the public interest and the health, safety, comfort, convenience and welfare of the citizens of the city, or that the request is in conflict with subsection (c)(3) of this section.

b.

In reaching their decision, the zoning board has the authority to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience or welfare of the general public. The conditions and requirements must be reasonably related to the special exception requested.

c.

Special exceptions may be reviewed by themselves or as a part of a rezoning.

d.

All decisions of the zoning board concerning special exceptions filed as part of a rezoning or that meet the criteria for a development of city impact must be in the form of a recommendation to the city council. Only a participant or their representative will be afforded the right to address the city council.

(d)

Zoning matters.

(1)

Functions. Regarding zoning matters, the zoning board has the following prescribed duties and responsibilities:

a.

Prepare recommendations to the city council for changes or amendments relating to the boundaries of the various zoning districts or to the regulations applicable to those districts.

b.

Make recommendations to the city council on applications relating to the following:

1.

Rezonings, including developments of city impact, planned unit developments and planned developments, and any accompanying request to use transfer of development rights (TDR) or affordable housing bonus density.

2.

Developments of regional impact and Florida Quality Developments approval, which may or may not include a request for rezoning.

3.

Special exceptions that meet the criteria for a development of city impact, as set forth in section 4-195(b).

4.

Other special exceptions and variances which are submitted simultaneously with and are heard in conjunction with a rezoning.

5.

Variances from any city ordinance which specifies that variances from the ordinance may only be granted by the city council.

c.

Certain amendments to development of regional impact development orders do not require a public hearing. After staff review and recommendation, proposed amendments of their type will proceed directly to the city council and will be scheduled on the administrative agenda of a regular weekly meeting. The city council will vote on the following types of amendments based upon the recommendation of staff without review by the zoning board:

1.

Amendments that incorporate the terms of a settlement agreement designed to resolve pending administrative litigation or judicial proceedings; or

2.

Any amendment contemplated under F.S. § 380.06(19)(e)2.

(2)

Considerations. In preparing their recommendation on any matter, the zoning board must consider the criteria set forth in subsection (c)(2) of this section as well as the following, if applicable:

a.

Whether there exists an error or ambiguity which must be corrected;

b.

Whether public facilities will be available and adequate to serve a proposed land use change when reviewing a proposed change to a future urban area category; and

c.

Whether a proposed change is intended to rectify errors on the official zoning map.

(3)

Findings. Before preparing their recommendation to the city council on a rezoning, the zoning board must find that:

a.

The applicant has proved entitlement to the rezoning or special exception by demonstrating compliance with the Bonita Plan, this Land Development Code, and any other applicable code or regulation;

b.

The request will meet or exceed all performance and locational standards set forth for the potential uses allowed by the request;

c.

The request, including the use of TDR or affordable housing bonus density units, is consistent with the densities, intensities and general uses set forth in the Bonita Plan;

d.

The request is compatible with existing or planned uses in the surrounding area;

e.

Approval of the request will not place an undue burden upon existing transportation or planned infrastructure facilities and will be served by streets with the capacity to carry traffic generated by the development;

f.

Where applicable, the request will not adversely affect environmentally critical areas and natural resources;

g.

In the case of a planned development rezoning, the decision of the zoning board must also be supported by the formal findings required by section 4-299(a)(2) and (4);

h.

The zoning board must also find that public facilities are, or will be, available and adequate to serve the proposed land use.

(4)

Authority.

a.

The zoning board serves in an advisory capacity to the city council with respect to zoning matters as set forth in subsection (d)(1) of this section, and in such capacity, may not make final determinations.

b.

The zoning board may not recommend the approval of a rezoning, and the city council may not approve a rezoning, other than the request published in the newspaper pursuant to F.S. § 166.041 unless the zoning district proposed by the zoning board is more restrictive and permitted within the land use classification set forth in the Bonita Plan.

c.

In reaching their recommendations, the zoning board has the authority to recommend conditions and requirements to be attached to any request for a special exception or variance included under subsections (d)(1)b.3., 4. or 5. of this section.

(5)

Decisions. All decisions of the zoning board concerning zoning matters under this subsection (d) will be in the form of a recommendation to the city council. Only a participant or their representative will be afforded the right to address the city council.

(Ord. No. 11-02, § 3(4-152), 1-19-2011; Ord. No. 11-04, § 1(4-152), 3-16-2011; Ord. No. 12-17, § 1(4-152), 12-19-2012)

The city manager shall appoint the director of the department of community development. He shall hold this position at the pleasure of the city manager.

(Ord. No. 11-02, § 3(4-171), 1-19-2011)

(a)

Administration of zoning regulations. The administration of this chapter shall be maintained in the department of community development. The director is hereby authorized, empowered and directed to administer all the provisions of this chapter and any subsequent amendments thereto.

(b)

Authority to interpret provisions. The director, in conjunction with the city attorney's office as necessary, shall have the discretion consistent with this chapter and accepted rules of statutory construction to interpret and apply these provisions.

(c)

Application of zoning regulations. No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered, and no existing use, new use or change of use of any building, structure or land, or part thereof, shall be made or continued except in conformity with the provisions of this chapter.

(d)

Issuance of permits. When a permit application furnishes all of the information and fulfills all of the requirements which are conditions precedent to the granting of the permit, the director shall issue the permit.

(Ord. No. 11-02, § 3(4-172), 1-19-2011)

(a)

Initiation of application. An application for a rezoning, special exception, or variance may be initiated by:

(1)

A landowner, or his authorized agent, for his own property; provided, however, that:

a.

Except as provided in subsections (a)(1)b. and c. of this section, where there is more than one owner, either legal or equitable, then all owners must jointly initiate the application or petition.

1.

This does not mean that both a husband and wife must initiate the application on private real property which is owned by them.

2.

Where the property is subject to a land trust agreement, the trustee may initiate the application.

3.

Where the fee owner is a corporation, any duly authorized corporate official may initiate the application.

4.

Where the fee owner is a partnership, a general partner may initiate the application.

5.

Where the fee owner is an association, the association or its governing body may appoint an agent to initiate the application on behalf of the association.

b.

Where the property is a condominium or a timeshare condominium, as defined and regulated in F.S. chs. 718 and 721, respectively, an application or petition may be initiated by both the condominium association and no less than 75 percent of the total number of condominium unit owners, or by both the owners' association and no less than 75 percent of timeshare condominium unit owners.

1.

For purposes of this subsection, each individually owned condominium unit within the condominium complex and each individually owned timeshare unit as defined by F.S. ch. 721 counts as one unit, regardless of the number of individuals who jointly own the unit.

2.

In order to verify ownership, the applicants must furnish the city, as part of their application, a complete list of all unit owners, identified by unit number and timeshare period, as applicable, along with proof that all unit owners who did not join in the application were given actual written notice thereof by the applicants, who must verify the list and fact of notice by sworn affidavit.

3.

So as to protect the legal rights of nonparticipating unit owners, the application must be accompanied by a letter of opinion from a licensed state attorney, who must attest that he has examined the declaration of condominium, the bylaws of the condominium association, and all other relevant legal documents or timeshare documents, as applicable, and concluded that the act of applying or petitioning to the city violates none of the provisions therein, or any federal or state law regulating condominiums or timeshare plans, or the rights of any of the nonparticipating unit owners, as derived from such documents and laws, and that approval of the requested act by the city would violate no such rights.

c.

Where the property is a subdivision, an application or petition may be initiated by no less than 75 percent of the total number of lot or parcel owners and the homeowners' association, if applicable.

1.

For purposes of this subsection, a subdivision is an area of property defined by a specific boundary in which lot divisions have been established on a plat that has been recorded in either a plat book or official records book whereby legal descriptions are referred to by lot or parcel number. The term "subdivision" may include any unit or phase of the subdivision and not the entire subdivision.

2.

In order to verify ownership, the applicants must furnish the city, as part of their application, a complete list of all lot owners, identified by lot number, along with proof that all lot owners who did not join in the application were given actual written notice thereof by the applicants, who must verify the list and fact of notice by sworn affidavit.

(2)

The term "city," for purposes of this section, means the city council.

(b)

Application submittal and official receipt procedure. The application procedure and requirements in this section apply to all applications for rezoning, special exceptions, and variances.

(1)

All properties within a single application must be abutting. The director may, at his discretion, allow a single application to cover non-abutting properties where it is in the public interest due to the size or scope and nature of the request, and there is a rational continuity to the properties in question.

(2)

No application may be accepted unless it is presented on the official forms provided by the department, or on city-approved computer-generated forms containing the same information.

a.

Forms must include, but not be limited to, disclosure forms for corporations, trusts and partnerships, and disclosure of information regarding contract purchases and their percentages of interest.

b.

Disclosure will not be required of any entity whose interests are solely equity interests which are regularly traded on an established securities market in the United States or another country.

c.

Disclosure forms, established by administrative code, must be included in the materials distributed to the zoning board and the city council for all cases in which the city council has the final decision.

d.

Subsections (b)(2)a. through c. of this section do not apply to city-initiated rezonings.

(3)

Before an application may be accepted, it must fully comply with all information requirements enumerated in section 4-194, unless specifically stated otherwise in this chapter.

(4)

The applicant must ensure that an application is accurate and complete. Any additional expenses necessitated because of inaccurate or incomplete information will be borne by the applicant.

(5)

Upon receipt of the completed application form, all required documents and the filing fee, the department will place the request on the appropriate agenda and inform the applicant of the hearing dates, or, in the case of planned development applications, begin reviewing the application for sufficiency pursuant to section 4-295(d).

(Ord. No. 11-02, § 3(4-201), 1-19-2011)

(a)

All applications. Every request for actions requiring a public hearing under this chapter must include the following. However, upon written request, on a form prepared by the city, the director may modify the submittal requirements contained in this section where it can be clearly demonstrated that the submission will have no bearing on the review and processing of the application. The request and the director's written response must accompany the application submitted and will become a part of the permanent file.

(1)

Legal description. A legal description of the property must include a copy of the plat, if any, and the county STRAP number. The director has the right to reject any legal description which is not sufficiently detailed so as to locate the property on county maps or section aerial maps.

(2)

Certified sketch of description. A certified sketch of description is required, unless the subject property consists of one or more undivided platted lots. If the application includes multiple abutting parcels, the legal description must describe the perimeter boundary of the total area, but need not describe each individual parcel. However, the STRAP number for each parcel must be included. The director may require a boundary survey prepared by a surveyor meeting the minimum technical standards for land surveying in the state where there is a question regarding the accuracy of the legal description of the property. Boundaries must be clearly marked with a heavy line. The boundary line must include the entire area to be developed. If the request is owner-initiated, flood zone and required finished floor elevation must be shown as well as the location of existing structures on the property.

(3)

Confirmation of ownership. If at any time during the review process the director concludes there is a question regarding ownership of the property, the director may require submittal of a title insurance policy, attorney's opinion of title, or ownership and encumbrance report.

(4)

Area location map. A map, at suitable scale, indicating the property described in the legal description. The map must be sufficiently referenced to known major streets or other physical boundaries so as to be clearly identifiable to the general public.

(5)

Property owners list. A complete list of all property owners, and their mailing addresses, for all property within the area described. For the purpose of this subsection, names and addresses of property owners will be deemed to be those appearing on the latest tax rolls of the county. The applicant is responsible for the accuracy of such list.

(6)

Surrounding property owners list. A complete list of all property owners, and their mailing addresses, for all property within 375 feet of the perimeter of the subject parcel or the portion thereof that is the subject of the request, except that special exception requests for the sale or service for on-premises consumption shall include all property within 500 feet. For the purpose of this subsection, names and addresses of property owners will be deemed to be those appearing on the latest tax rolls of the county at the time of sufficiency. The applicant is responsible for the accuracy of such list. This list is for the purpose of confirming mailed notices by the applicant to property owners within 375 feet or 500 feet of the property described as set forth in section 4-229.

(7)

Property owners map. A map displaying all parcels of property within 375 feet of the perimeter of the subject parcel or the portion thereof that is the subject of the request. This map must reference by number or other symbol the names on the property owners list. The applicant is responsible for the accuracy of the map.

(8)

Additional material. Additional material, depending on the specific type of action requested, may be required as set forth in sections 4-194(b) and 4-195.

(9)

Filing fee. All fees, in accordance with the duly adopted fee schedule (see section 4-31), must be paid at the time the application is submitted.

(b)

Additional submittal requirements for owner-initiated applications. In addition to the submittal requirements set forth in subsection (a) of this section, every application initiated by a property owner involving a change in the zoning district boundaries, or a request for special exception, deviation or variance, applicable to the property owners land must include the following:

(1)

Evidence of authority.

a.

Ownership interests. A list of all persons or entities having an ownership interest in the property, including the names of all stockholders and trust beneficiaries. Disclosure with respect to a beneficial ownership interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to F.S. ch. 517, whose interest is for sale to the general public, is exempt from the provision of this subsection.

b.

Unified control document. A notarized statement evidencing a property owner's or entity's right and authority to impose covenants and restrictions on the parcel or otherwise bind the property with respect to conditions necessary to secure the approval requested. A notarized statement submitted to the city establishing a property owner or entity's right and authority to impose covenants and restrictions on a parcel as a result of the issuance of development approval in accordance with this Code. The unified control document also constitutes an agreement that the property owner will not transfer, convey, sell or subdivide the subject parcel unencumbered by the covenants and restrictions imposed as part of the development order permitting process.

c.

Agent authorization. If the owner authorizes an agent to submit the application and represent the owner in all matters pertaining to the application, the owner must provide the agent with a notarized statement evidencing the agents authority to act on the owners behalf and encumber the property with conditions applicable to the approval requested in the application. An agent may authorize additional agents to assist in the preparation and presentation of the application. However, an agent cannot transfer authority to bind the property with respect to conditions. This later authority will only be recognized by the city when it is provided directly to the agent by the owner.

d.

Contract purchaser/vendee authorization. If a contract purchaser or vendee is the applicant, a notarized statement from the property owner authorizing the contract purchaser/vendee to act as an agent of the property owner for purposes of application submittal and agreement to conditions applicable to approval of the request is necessary.

(2)

Property restrictions. The application must include a copy of the deed restrictions or other types of covenants and restrictions on the parcel, along with a statement as to how the restrictions may affect the requested action. If there are no restrictions on the property, the applicant must indicate so on the application form.

(3)

Affidavit regarding proposed use. If buildings or structures exist on the property, the applicant must submit an affidavit stating that the buildings and structures will be removed or that the proposed use of the buildings, structures and land is, or will be, in compliance with all applicable requirements of chapter 3 and this Code.

(4)

When applicable, the number of bonus density units requested, the source of the bonus density units (TDRs, housing density bonus, etc.), and the resulting gross residential density of the proposal.

(Ord. No. 11-02, § 3(4-202), 1-19-2011; Ord. No. 22-03, § 2(Exh. A), 6-15-2022)

(a)

Developments of regional impact. Developments of regional impact must comply with the information submittal and procedural requirements of F.S. ch. 380. If the development of regional impact requires specific zoning actions (i.e., rezoning), the procedures and requirements of this section and article III of this chapter must be met. Additionally, even if the development of regional impact does not require specific zoning action, the applicant must submit a traffic impact statement, as described in section 4-295(a)(7), and detailed in section 3-292. Thresholds for developments of regional impact are established by state law.

(b)

Planned developments. All planned developments must comply with the additional information submittal and procedural requirements set forth in section 4-295.

(c)

Rezonings other than planned developments and developments of regional impact. Requests for rezonings, other than planned developments and those determined to be development of regional impact, must include a statement of the basis or reason for the rezoning. The statement must be directed to the guidelines for decision making embodied in sections 4-53 and 4-131. This statement may be utilized by the city council, zoning board and staff in establishing a factual basis for the granting or denial of the rezoning.

(d)

Rezoning of mobile home parks. If the proposed rezoning of an existing mobile home park, as defined in F.S. § 723.003, would result in the removal or relocation of mobile home owners, then the application must include facts sufficient to allow staff to conclude that adequate mobile home parks or other suitable facilities exist for the relocation of displaced owners. The facts to be provided are intended to meet the requirements of F.S. § 723.083. Therefore, the statutory definitions will prevail to the extent there is conflict with terms of this Code.

(1)

Facts to be provided may typically include STRAP number and street addresses of properties where mobile homes are to be removed from, and relocated to (i.e., the relocation site); and any building permit numbers issued for placement of the mobile home on the relocation site.

(2)

If the relocation site is not within the legal description of the subject rezoning, then the property owner of property proposed for relocation must submit an affidavit stating that suitable facilities exist at the relocation site to accommodate the mobile home proposed to be relocated there.

(e)

Special exceptions. Except for special exceptions that are developments of city impact (see section 4-272), all applications for a special exception must, in addition to the requirements of sections 4-194(a) and (b) and 4-195(e)(1) and (2), include the following:

(1)

A statement as to how the property qualifies for the special exception requested, and what impact granting the request would have on surrounding properties. Such statement must be directed, at a minimum, to the guidelines for decision making embodied in section 4-131(d)(2). This statement may be utilized by the zoning board and staff in establishing a factual basis for granting or denial of the special exception.

(2)

A site development plan detailing the proposed use, including, where applicable, the following:

a.

The location and current use of all existing structures on the site, as well as those on adjacent properties within 100 feet of the perimeter boundaries of the site.

b.

All proposed structures and uses to be developed on the site.

c.

Any existing public streets, easements or land reservations within the site, and the proposed means of vehicular access to and from the site.

d.

A traffic impact analysis of projected trip generation for the development.

e.

Proposed fencing and screening, if any.

f.

Any other reasonable information which may be required by the director which is commensurate with the intent and purpose of this chapter.

(3)

Solar or wind energy modifications. If the request is to modify property development regulations for the purposes of using solar or wind energy, evidence must be submitted that the proposed modifications are the minimum necessary to provide for the solar or wind energy proposal and that the proposed modifications will not adversely affect adjacent properties. (See section 4-1896.)

(4)

Temporary parking lot. If the request is for a temporary parking lot:

a.

The site plan must show all existing and proposed parking spaces and drives, both paved and unpaved, vehicle access points, and lighting, if any.

b.

An analysis indicating the need for the temporary parking lot, as well as the anticipated frequency of use, must be submitted.

c.

If the temporary parking lot is off the premises of the principal use, plans for providing for traffic control and pedestrian safety must be submitted.

(5)

On-premises consumption of alcoholic beverages. If the request is for a consumption on premises permit:

a.

The property owners list and map (see section 4-194(a)(4) and (5)) must be modified to include all property within 500 feet of the perimeter of the subject property.

b.

The site plan must include a detailed parking plan.

c.

A written statement describing the type of state liquor license to be acquired, e.g., 2 COP, SRX, 11C, etc., and the anticipated hours of operation for the business, must be submitted.

(6)

Harvesting of cypress (Taxodium spp.). An application for a special exception to harvest cypress must include:

a.

An aerial photograph with vegetation associations mapped as listed in the Florida Land Use, Cover, and Forms Classification System (FLUCCS).

b.

A forest management plan for the proposed harvesting site.

c.

Steps which will be taken to ensure that the proposed activity will not have an adverse effect on the environmental sensitivity of the area.

(7)

Joint parking. See section 4-1730.

(8)

Private aircraft landing facilities.

a.

Applications for private aircraft landing facilities must:

1.

Indicate the type of facility, as set forth in F.A.C. ch. 14-60.

2.

Indicate on the site plan the proposed location and length of the effective landing area, as well as the area included in the approach zone.

3.

Submit a certified list of all airports and municipalities within 15 miles of the proposed site and all property owners within 1,000 feet of the property or within the minimum required approach zone, whichever is greater.

b.

The department of community development will forward a copy of the application to the department of airports for comment prior to any public hearings. No proposed airport will be granted a special exception if the department of airports finds that the proposed site would interfere with any other lawfully existing aircraft landing facility, airport or heliport.

c.

All property owners listed in subsection (e)(8)a.3. of this section will be sent written notice by certified mail, return receipt requested, of the date, time and place of any public hearing. The applicant will bear the cost of the notification.

(9)

Family day care home exemption. The operation of a family day care home under F.S. § 125.0109 requires an exemption from the special exception requirements for child day care facilities. Applications for a family day care home must include:

a.

A notarized statement establishing that the family day care home will operate:

1.

In the applicant's residence; and

2.

On property owned by the applicant; or

3.

On property covered by a lease to the applicant for residential purposes, including the right to operate a family day care home.

b.

A copy of the applicant's state family day care home license or registration issued in accordance with F.S. § 402.313.

c.

A special processing fee in accordance with the external fees and charges manual in lieu of the application fee for a special exception.

(10)

Wireless communication facilities. (Refer to section 4-1215 et seq.)

(f)

Variances. Every application for a variance from the terms of this chapter must, in addition to the requirements of section 4-194(a) and (b), include the following:

(1)

A document describing:

a.

The section number and the particular regulation of the Land Development Code from which relief (variance) is requested;

b.

The reason why the variance is needed;

c.

What effect, if any, granting of the variance would have on adjacent properties; and

d.

The nature of the hardship which is used to justify the request for relief.

(2)

A site plan describing:

a.

Existing public streets, easements or other reservations of land within the site;

b.

All existing and proposed structures on the site;

c.

All existing structures within 100 feet of the perimeter boundary of the site; and

d.

The proposed variance from the adopted standards.

(3)

Any other reasonable information which may be required by the department which is commensurate with the intent and purpose of this Code.

(4)

Variance.

a.

In the case of a variance from required street setbacks on collector and arterial roads, the applicant:

1.

May modify the property owners list and property owners map (see section 4-194(a)(6) and (7)) to show only the names and locations of property owners that abut the perimeter of the subject property.

2.

Must submit a site plan, drawn to scale, showing:

(i)

All structures, easements, and rights-of-way, etc., within 100 feet of the peripheral boundary of the subject property;

(ii)

The location of all proposed structures, easements, rights-of-way and vehicular access onto the property, including entrance gates or gatehouses; and

(iii)

The extent of modification from street setbacks requested.

b.

In the case of variances concerning wireless communication facilities, refer to section 4-1225.

(g)

Use variance. Use variances are not legally permissible, and no application for a use variance will be processed. Department staff will notify the applicant when a more appropriate procedure, e.g., rezoning or special exception, is required.

(h)

Modifications to submittal requirements. Upon written request, on a form prepared by the city, the director may modify the submittal requirements contained in this section where it can be clearly demonstrated by the applicant that the submission will have no bearing on the review and processing of the application. The request and the director's written response must accompany the application submitted and will become a part of the permanent file.

(Ord. No. 03-15; Ord. No. 11-02, § 3(4-203), 1-19-2011; Ord. No. 12-17, § 1(4-203), 12-19-2012)

All applications. Every request for administrative actions not requiring a public hearing under this chapter must include the following. However, upon written request, on a form prepared by the city, the director may modify the submittal requirements as set forth in section 4-195(h).

(1)

Legal description and sketch to accompany legal description. A metes and bounds legal description along with a sketch of the legal description, prepared by a state licensed surveyor and mapper, must be submitted, unless the property consists of one or more undivided lots within a subdivision platted in accordance with F.S. ch. 177. If the subject property is one contiguous parcel, the legal description must specifically describe the entire continuous perimeter boundary of the property subject to the zoning action with accurate bearings and distances for every line. If the application seeks to rezone undivided, platted lots, then a complete legal description (i.e., lot, block, subdivision name, public records recording information) of the platted subject property is required. The director has the right to reject any legal description that is not sufficiently detailed so as to locate the property on city maps.

(2)

The STRAP (Section, Township, Range, Area, Parcel) number for the subject property. This number is used by the property appraiser to identify the subject property.

(3)

Property restrictions. The application must include a copy of the deed restrictions or other types of covenants and restrictions on the parcel, along with a statement as to how the restrictions may affect the requested action. If there are no restrictions on the property, the applicant must indicate so on the application form. The city's review is not enforcement of any restriction, but review for land use purposes only.

(4)

Structure affidavit. If buildings or structures exist on the property, an affidavit, signed by the property owner or specified contract purchaser must be submitted stating whether the buildings and structures will be removed. If the property owner intends to retain the existing structures, then the affidavit must state the proposed use of the buildings and structures. The existing structures must be depicted on the boundary survey; and, if the request is for a planned development, the structures must be depicted on the master concept plan along with detail indicating whether the structure will be removed or how it will be used. If the request is an amendment of an existing planned development, this affidavit is not required, unless specifically requested by the director or designee.

(5)

Additional material. Depending on the specific type of action requested, additional material may be required as set forth in section 4-195.

(6)

On-premises consumption of alcoholic beverages. If the request is for a consumption on premises permit, the applicant must submit a sketch on an 8½-inch by 11-inch paper showing the location of the establishment requesting the consumption on premises in relationship to the perimeter boundary of the legal description.

(7)

Filing fee. All fees, in accordance with the duly adopted fee schedule (see section 4-31), must be paid at the time the application is submitted.

(Ord. No. 12-17, § 1(4-204), 12-19-2012)

(a)

Grading or excavation activities which are intended primarily to provide for the retention or detention of stormwater runoff must obtain a development order in compliance with procedures set forth in chapter 3.

(b)

Regulations. Commercial mining excavations must comply with the requirements and procedures set forth in sections 4-1380 through 4-1410.

(Ord. No. 11-02, § 3(4-207), 1-19-2011)

(a)

Compliance with applicable regulations; time limit for leaving buildings on street.

(1)

When a building is moved to any location within the city, the building or part thereof shall immediately be made to conform to all the provisions of the latest adopted zoning ordinance and other applicable city regulations.

(2)

Any building being moved for which a permit was granted may not remain in or on the streets for more than 48 hours.

(b)

Contents of application. Any person desiring to relocate or move a building must first file with the director of the division of codes and building services a written application on an official form provided by the division. The application must include the following information furnished by the applicant and must be accompanied by the required application fee:

(1)

The present use of the building.

(2)

The proposed use of the building.

(3)

The building's present location and proposed new location by STRAP number, as well as by street numbers.

(4)

Certified survey of the proposed site with ground elevations, flood zone and required elevation, if in a V or A flood zone area.

(5)

Plot plan showing lot dimensions, setbacks, location of existing structures and location of building drawn to scale no greater than ¼ inch equals 50 feet. The plot plan should depict the roof overhang as well as the foundation.

(6)

Construction details, drawn to a scale of no larger than one-half inch equals one foot and no smaller than one-eighth inch equals one foot, including the following:

a.

Foundation layout with connection details.

b.

Floor plan, existing and proposed.

c.

Mechanical plans, including air conditioning, electric system and plumbing plans.

d.

Elevations, front, side and rear.

e.

Flood elevation, if applicable.

(7)

Current termite inspection by licensed pest controller.

(8)

Water and sewer approvals from appropriate agencies.

(9)

Photographs showing all sides of the building and the site where the building is proposed to be located.

(10)

Proof of notice to all owners of property abutting or across the street from the site where the building is proposed to be located.

(c)

Inspection of building. The building official will have the building inspected to determine:

(1)

If the building can be brought into compliance in all respects with this chapter and other city regulations pertaining to the area to which the building is to be moved.

(2)

If the building is structurally sound and either complies with the state building code and other codes adopted by the city or can be brought into compliance with such codes.

(d)

Rejection of application. The building official must reject any application if:

(1)

The building fails to meet the inspection criteria detailed in subsection (c) of this section;

(2)

In the opinion of the building official, the moving of any building will cause serious injury to persons or property;

(3)

The building to be moved has deteriorated due to fire or other element to more than five percent of its assessed value; or

(4)

The moving of the building will violate any of the requirements of the state building code, this chapter or other applicable city regulations. Such decisions are administrative decisions which may be appealed in accordance with section 4-124(a).

(e)

Approval of application. Upon approval of the application for building relocation, a licensed building relocation contractor representing the applicant must:

(1)

Apply for and receive all required permits from the department of transportation, county or state, or public works.

(2)

Pay the required fees and obtain the building relocation permit and appropriate sub-permits.

(Ord. No. 11-02, § 3(4-209), 1-19-2011)

(a)

Applicability. The city or any person desiring to conduct any of the uses described in article VI, division 37, subdivision II, of this chapter shall be required to submit an application for a temporary use permit.

(b)

Initiation of application. An application for a temporary use permit may be initiated by the city or any individual authorized in accordance with section 4-193(a).

(c)

Submission of application.

(1)

No application shall be accepted unless it is presented on the official forms provided by the department.

(2)

Before an application may be accepted, it must fully comply with all information requirements enumerated in the application form as well as the requirements set forth in subsection (d) of this section.

(3)

The applicant shall ensure that an application is accurate and complete. Any additional expenses necessitated because of any inaccurate or incomplete information submitted shall be borne by the applicant.

(d)

Additional required information. In addition to the application information, the applicant shall submit satisfactory evidence of the following:

(1)

Evidence shall be submitted that adequate sanitary facilities meeting the approval of the county health department are provided.

(2)

Evidence shall be submitted that sounds emanating from the temporary use shall not adversely affect any surrounding property.

(3)

Evidence shall be submitted that all requirements as to providing sufficient parking and loading space are ensured.

(4)

When deemed necessary, a bond shall be posted, in addition to an agreement with a responsible person sufficient to guarantee that the ground area used during the conduct of the activity is restored to a condition acceptable to the department.

(5)

All applications for temporary permits, excluding those for mobile homes during construction of a residence, shall provide public liability and property damage insurance. This requirement may be waived by the city council at a regular meeting, after advertisement on the agenda.

(6)

Evidence shall be submitted that, where applicable, the applicant for a proposed use has complied with the special events ordinance.

(7)

Evidence shall be submitted that the law enforcement and fire agencies who will be coordinating traffic control or emergency services have been advised of the plans for a temporary use and that they are satisfied with all aspects under their jurisdiction.

(e)

Inspection following expiration of permit; refund of bonds. Upon expiration of the temporary permit, the department shall inspect the premises to ensure that the grounds have been cleared of all signs and debris resulting from the temporary use and shall inspect the public right-of-way for damages caused by the temporary use. Within 45 days after a satisfactory inspection report is filed, the department shall process a refund of the bonds. An unsatisfactory inspection report shall be sufficient grounds for the city to retain all or part of the bonds posted to cover the costs which the city would incur for cleanup or repairs.

(Ord. No. 11-02, § 3(4-210), 1-19-2011)

(a)

Denial with prejudice.

(1)

Except when specifically stated otherwise, a denial by the zoning board or city council is a denial with prejudice.

(2)

If an application is denied, no similar application for rezoning, special exception or variance covering the same property, or portion of the property, shall be resubmitted or initiated for a period of 12 months from the date of denial. However, this shall not preclude the application for a different rezoning, special exception or variance which in the opinion of the administrative official is substantially different from the request originally denied.

(b)

Denial without prejudice.

(1)

When the zoning board or city council denies without prejudice any application, it is an indication that, although the specifically requested action is denied, the zoning board or council is willing to consider the same request after modifications have been made, or an application for other action, without the applicant having to wait 12 months before applying for consideration of the modified request or other action.

(2)

Any resubmitted application shall clearly state the modifications which have been made to the original request or other changes made in the application.

(Ord. No. 11-02, § 3(4-211), 1-19-2011)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Continuance means an action initiated by the applicant, staff or the zoning board or city council to postpone, to a later time or date, a public hearing after the notice of the public hearing has been submitted to the newspaper for publication as required in section 4-229.

Deferral means an action initiated by the applicant or staff to postpone, to a later time or date, a public hearing prior to the notice of the public hearing being submitted to the newspaper for publication.

(Ord. No. 11-02, § 3(4-231), 1-19-2011)

(a)

Amendment or adoption of land use ordinances.

(1)

Any proposed amendment to this chapter or to any land use ordinance, or adoption of any new land use ordinance, must be enacted pursuant to the requirements set forth in F.S. § 166.041. With the exception of properties located on Little Hickory Island, special exceptions and variances that are not also part of a rezoning request are enacted by resolutions pursuant to the requirements set forth in F.S. § 166.041 for resolutions.

(2)

Prior to a final required hearing by the city council, the local planning agency must review the comprehensive plan amendment at a public hearing.

(b)

City council-initiated rezoning of private property including ancillary variances special exceptions must be advertised in accordance with F.S. § 166.041.

(c)

Privately initiated requests for developments of regional impact, rezonings, and ancillary variances and special exceptions, require one public hearing before the zoning board and a first reading and second reading and public hearing before the city council.

(d)

With the exception of properties located on Little Hickory Island, variances and special exceptions that are not ancillary to an application for rezoning or a development of regional impact and all administrative appeals of decisions of the director pertaining to the interpretation of the Land Development Code require one public hearing before the zoning board and one public hearing before the city council. For properties located on Little Hickory Island, variances and special exceptions will be processed as ordinances, with exception to administrative setback variances processed in accordance with section 4-254.

(Ord. No. 11-02, § 3(4-232), 1-19-2011; Ord. No. 11-04, § 1(4-232), 3-16-2011; Ord. No. 12-06, § 1(4-232), 5-2-2012)

(a)

Staff review.

(1)

No application for a rezoning, special exception, development of regional impact, variance, appeal or any other action required by this chapter to proceed through the public hearing process may be heard by the zoning board or city council until after the department staff has reviewed and prepared written comments on the requested action.

(2)

All staff comments will be forwarded to the zoning board or city council prior to the scheduled public hearing.

(b)

Notice certification and affidavits. No public hearing may be commenced by the zoning board, local planning agency or city council unless affidavit proof of required notice publication, posting and mailing, if applicable, is presented to the zoning board, local planning agency or city council for review and submitted to the records keeper for filing with the minutes of the meeting.

(Ord. No. 11-02, § 3(4-233), 1-19-2011)

Participation at public hearings. At a public hearing before the zoning board, local planning agency or city council, all persons will be heard. However, the meeting's chair has the right to refuse to hear testimony which is irrelevant, repetitive, defamatory or spurious, and to establish reasonable time limits on testimony. City council may orally question its staff and any participant who is present about matters brought forward at its public hearing or about any testimony or physical evidence entered into the record at the public hearings prior to the council hearing, and its attorneys about points of law or procedure.

(Ord. No. 11-02, § 3(4-234), 1-19-2011; Ord. No. 16-06, § 1, 5-18-2016)

The following procedures and regulations for deferring or continuing a public hearing apply for the zoning board, local planning agency and city council:

(1)

Deferral.

a.

A scheduled but not yet advertised public hearing may be deferred by the division staff or by the applicant as follows:

1.

City-initiated deferral. The division of zoning and development services may defer a scheduled public hearing prior to advertising, if additional or corrected information is required to permit staff to properly or adequately review a requested application; provided notice is mailed to the applicant stating the reason for the deferral and what additional information is required to complete staff review.

2.

Applicant-initiated deferral. An applicant may request a deferral of the public hearing if the request is in writing and received by the division of zoning and development services prior to the division submitting notice of the hearing to the newspaper for publication.

3.

Fee. There will be no additional fee for either a staff-initiated or applicant-initiated deferral. However, the applicant must obtain corrected zoning notice posters from the division and post the signs onsite.

4.

Deferral by the director. Applicant-initiated deferral requests meeting the requirements of this section may be deferred by the director without any further action by the zoning board, local planning agency, or city council (as applicable).

b.

If the hearing has already been advertised, the applicant, or his authorized agent, may appear at the hearing and orally request a continuance to a date certain. (See subsection (2)b. of this section.)

(2)

Continuance. A scheduled, advertised public hearing may be continued by the city or by the applicant as follows:

a.

City-initiated continuance.

1.

The zoning board, local planning agency or city council, upon staff request, or upon its own initiative, may continue a public hearing when it is necessary to require additional information, public testimony or time to render an appropriate recommendation. Any city-initiated request to continue a public hearing must be in accordance with the rules set forth in AC 1-2.

2.

The hearing must be continued to a date certain, and the zoning board, local planning agency or city council must continue its consideration on the hearing matter on that date certain.

3.

City staff is entitled to one continuance as a matter of right. Each decision-making body has the authority to grant additional continuances upon a showing of good cause. There are no limitations to the number of city-initiated continuances.

4.

The city must bear all renotification costs of any city-initiated continuance.

b.

Applicant-initiated continuance.

1.

The applicant may appear before the zoning board, local planning agency or city council at the beginning of its scheduled agenda and request the continuance.

2.

The applicant is entitled to one continuance before each decision-making body as a matter of right. Each decision-making body has the authority to grant additional continuances upon a showing of good cause.

(i)

If the additional request for continuance is denied, the hearing will proceed in accordance with the published agenda.

(ii)

If the request for continuance is approved, the zoning board, local planning agency or city council may set a date certain for hearing the application.

3.

A fee, in accordance with a duly adopted fee schedule, will be charged for any applicant-initiated continuance to cover the costs of renotification.

(Ord. No. 11-02, § 3(4-235), 1-19-2011)

(a)

Minimum required information. A notice of public hearing under this chapter must contain the following minimum required information:

(1)

Action proposed.

a.

Land use ordinance amendments or adoption. The notice must describe the chapter or section of the land use ordinance to be amended, or the subject of a new ordinance, with sufficient clarity so as to advise the public of the subject to be amended or adopted, but need not describe the exact wording or change.

b.

Rezoning and developments of regional impact. All required notices must indicate the existing zoning of the property, the proposed zoning and where applicable, the number of TDR and affordable housing bonus density units requested, and the general location of the property, by reference to common street names and addresses, with sufficient certainty so as to advise the public, but need not describe the proposed plans or details thereof, or the specific legal description of the property.

c.

Special exceptions and variances. All required notices must indicate the existing zoning of the property; the proposed use by special exception, or the requirement from which the variance is requested and the actual degree of variance requested; and the location of the property, by reference to common street names and addresses, with sufficient certainty so as to advise the public, but need not describe the proposed plans or details thereof or the specific legal description of the property.

d.

Appeals. The notice shall summarize the decision or action upon which the appeal is based with sufficient clarity so as to advise the public of the subject matter.

(2)

Time and place of hearing. The notice must specify the date, time and place that the public hearing will be held by the zoning board, the local planning agency or the city council, as applicable.

(3)

Public availability of information. The notice must indicate where copies of the proposed amendment may be obtained or reviewed, or where the application for public hearing may be reviewed.

(4)

Location of record of notice.

a.

The copy of notices for the adoption or amendment of land use ordinances will be kept available for public inspection during regular business hours at the city clerk.

b.

Copies of all other notices will be kept available for public inspection during regular business hours at the office of community development or the city clerk, as appropriate.

(b)

Method of providing notice. Notices of hearings before the city council, the zoning board and the local planning agency will be provided in accordance with applicable statutes and the Florida Administrative Code. The surrounding property owners list and map required by section 4-194(a) is for the purpose of mailing notice to property owners within 375 feet or 500 feet of the property described. Applicants shall mail all required notices by first-class mail and provide an affidavit that notice was sent to all property owners included in the property owner's list. Failure to mail such notice constitutes a defect in notice and will require rescheduling of the public hearing. Failure of any affected property owner to receive mailed notice will not constitute a defect in notice or bar the public hearing as scheduled.

(Ord. No. 11-02, § 3(4-236), 1-19-2011; Ord. No. 22-03, § 2(Exh. A), 6-15-2022)

The director has the authority to issue cease and desist orders in the form of written official notices.

(Ord. No. 11-02, § 3(4-266), 1-19-2011)

(a)

The director is authorized to permit proposed uses that are not permitted on a subject parcel for a period of not more than 180 days under the following circumstances:

(1)

The property owner, contract purchaser or other authorized person has filed an application for a rezoning or a special exception for the subject parcel that would, if approved, make the requested use a permitted use;

(2)

The requested rezoning or special exception, in the opinion of the director, is clearly compatible with the neighboring uses and zoning and is consistent with the Bonita Plan;

(3)

The proposed use of the property is a business that is being relocated due to the city economic development efforts or as the result of threatened or ongoing condemnation proceedings;

(4)

No new principal structures are to be constructed on the subject property; and

(5)

The applicant agrees in writing that the proposed use will cease within 180 days of the date of the administrative approval, unless the city council or zoning board, whichever is applicable, has rendered a final decision approving the requested rezoning or special exception. Upon execution, the agreement must be recorded in the public records of the county.

(b)

Decisions by the director pursuant to this section are discretionary and may not be appealed pursuant to section 4-124(a).

(c)

The director may extend the effective date of the approval up to an additional 90 days upon good cause shown.

(d)

No approval issued pursuant to this section will excuse any property owner from compliance with any city regulation, except the list of permitted uses in the zoning district in question.

(Ord. No. 11-02, § 3(4-267), 1-19-2011)

(a)

Upon written request on a form prepared by the department of community development, the city manager or designee is authorized to modify the setbacks in sections 4-434 through 4-837 and 4-1464 et seq. under the following circumstances:

(1)

Street, rear, side, or waterbody setbacks may be modified to permit the remodeling of or additions to existing structures that are nonconforming with regard to a specific setback so long as the remodeling or addition will not result in:

a.

An increase in the height of the structure; or

b.

A further diminution of the setback.

The city manager or designee may approve bay windows, chimneys and similar architectural features that may encroach further into the setback; provided the encroachment does not protrude beyond the existing overhang of the building.

(2)

Street, rear, side, or waterbody setbacks may be modified to permit construction of handicapped access appurtenant to an existing structure.

(3)

Street, rear, side, or waterbody setbacks may be modified to allow the replacement of stairs or decking that provides access into an existing dwelling unit.

(4)

Street, rear, side, or waterbody setbacks may be modified to legitimize minor errors in setbacks that occurred at the time of construction.

(5)

Street (local streets only), rear or side setbacks for lots that qualify for a single-family determination, pursuant to the comprehensive plan, as amended or replaced, may be modified to permit the construction of a single-family dwelling unit so long as the proposed lot coverage does not exceed 45 percent.

(6)

Buildings or structures that are not in compliance with current setback regulations and which can be proven to have been permitted may also be reviewed by the city manager or designee for consideration under this section.

(7)

For property located within San Carlos Estates Water Control District, street and side yard setbacks may be reduced to the minimum shown in Table 4-437 if the San Carlos Estates Water Control District (SCEWCD) recommends a reduction for the following reasons to accommodate lots of unusual shape, size, or environmental sensitivity, or if SCEWCD finds that construction will conform to suitable standards that will not adversely impact drainage maintenance and/or roadway safety.

(b)

The director of the department of community development, prior to approving the modifications, must make the following findings of fact:

(1)

There are no apparent deleterious effects upon the adjoining property owners;

(2)

The modifications will not have an adverse impact on the public health, safety and welfare;

(3)

The modifications will be the minimum required; and

(4)

For property located within San Carlos Estates Water Control District, the SCEWCD has recommended approval of the requested modification.

(c)

Decisions by the director pursuant to this section are discretionary and may not be appealed in accordance with subsection (a) of this section.

(d)

Eminent domain; governmental acquisition. Any real property on which a nonconformity is created, caused or exacerbated by a conveyance of privately owned land to a federal, state, local government, or other entity with eminent domain authority, to serve a public purpose is hereby deemed to be a conforming "lot of record" in accordance with section 4-2325 and as defined in section 4-2398. This section applies only where private land, or an interest in private land, as the case may be, is obtained by a governmental or other condemning entity for a public purpose, through purchase, condemnation, threat of condemnation, or otherwise, and that creates a nonconformity in terms of setback, lot size or other standards of this Code. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the city in the course of subdivision or other development approvals pursuant to this Code. To assure that affected real property can be utilized to the greatest extent possible as it could prior to it having been affected, at the request of either the city or the property owner, the director of community development will process and approve administrative variances for such property, at no cost to the property owner. Notwithstanding the above, decisions by the director pursuant to this section are ministerial and may be appealed by the property owner to city council.

(Ord. No. 08-06; Ord. No. 11-02, § 3(4-268), 1-19-2011; Ord. No. 15-25, § 1, 11-18-2015)