A pre-application conference will be held for each new site development plan or subdivision plat submitted to the City for approval. The City Manager, or his/her designee, will conduct pre-application conferences as needed and, at his discretion, will summon various members of City staff and other persons whose expertise is relevant to a particular project.

Persons participating in pre-application conferences shall have knowledge and experience in one or more of the following areas: planning and/or zoning, public works, downtown redevelopment, law enforcement, fire/emergency services, parks and recreation, traffic engineering, environmental protection, community development, legal, or others as appropriate. The applicant shall pay a pre-application fee for staff time and expenses and shall place a refundable deposit for the actual costs anticipated for professional fees (land use consultant, legal, engineering, building official) to be incurred on behalf of the proposed development. Such fees and deposit may be established by resolution. The deposit for professional fee may be imposed or increased any time during the development as determined necessary by the City Manager. The applicant shall pay City invoices for professional services within fifteen (15) days of receipt, or City review and work on behalf of the development shall cease. The professional fee deposit shall be refunded to the developer at the conclusion of the development, final invoice by the professionals received by the City, and applicant's payment of all fees and costs incurred by the City.

A pre-application conference will be scheduled upon submission of preliminary development plans and payment of the pre-application review fee and professional fee deposit, if applicable.

Such proposals shall be considered amendments to existing plans rather than new ones; however, a reasonable deposit for actual professional services for the proposed development may be collected if applicable, and all other provisions of this Code shall apply.

(Ord. No. 2019-03 , § 1(Exh. A), 11-12-2019)

7.02.01.

Intent and purpose. There are three general types of Comprehensive Plan Amendments: Expedited State Review, State Coordinated Review, and Small Scale. The Expedited State Review Process is utilized for the majority of Comprehensive Plan amendments adopted by local governments. The State Coordinated Review Process is utilized for amendments that are in an area of critical state concern, amendments that propose a rural land stewardship area, amendments that propose a sector plan, or amendments that update a comprehensive plan based on an Evaluation and Appraisal Report. The Small Scale process is utilized for amendments that qualify as small-scale development amendments. Section 8.07.00 outlines the public notice requirements for the three types of Comprehensive Plan Amendments. All requests for Plan Amendments shall be submitted in writing to the City Manager, or his/her designee, together with applicable fees, which will have been established by resolution of the City Commission. Specific regulations for Plan Amendments applications are detailed in Article 7, Section 7.02.00.

The basis for review of a proposed Plan Amendment is the same as the basis for the adoption of the Comprehensive Plan, which entails a review of data and analysis in support of the Plan Amendment: analysis of the impact of the Amendment on public facility Levels of Service and the Capital Improvements Budget of the City; and an analysis of the need for the proposed Amendment in relation to the existing structure of the City and the future as delineated in the goals, objectives and policies of the Comprehensive Plan.

The City Commission transmits approved Plan Amendments to the DEO for review, but may adopt a Small Scale Amendment before transmission. Criteria for submittal of Small Scale Amendments is detailed in Section 8.07.03 of this Code.

7.02.02.

Contents of the application for comprehensive plan amendments. All requests for Comprehensive Plan Amendments shall be submitted in writing to the City Manager, or his/her designee, together with all required attachments and applicable fees, which shall have been established by resolution of the City Commission.

(A)

Application contents for text amendments. The application shall contain the following items, as applicable:

(1)

A description of the proposed Plan Amendment, specifying the goals, objectives and policies of the Comprehensive Plan that are to be modified.

(2)

Data and analysis that supports the requested change. Specifically, new data that would alter the assumptions in the Comprehensive Plan and would, therefore, justify the Plan Amendment of a goal, objective or policy.

(B)

Application contents for amendments effecting land use, development standards, and maps. The application shall contain the following items, as applicable:

(1)

A description of the proposed Plan Amendment, specifying the goals, objectives and policies of the Comprehensive Plan that are to be modified.

(2)

Where the Plan Amendment proposed will change the Future Land Use Map, a legal description of the property.

(3)

A concurrency analysis of all public facilities and services for which a Level of Service has been established in the Comprehensive Plan.

(4)

Plan Amendment Data and Analysis, the format of which is outlined in (C) below.

(C)

Plan amendment data and analysis required from the applicant at the City Manager's, or his/her designee's, request. Based on the data found in the Comprehensive, the data and analysis shall contain the following, as applicable:

(1)

Inventory and Analysis of Site Characteristics.

a.

A description of the terrain; type of vegetation on the site; statement regarding the existence of surface water or wetlands or both; and existence of any floodplains on the site.

b.

The type of soils present on the site and in the area; an analysis of the limitations for construction for each type of soil; and an analysis of absorption rate for septic fields. Identification of habitats present on the site as indicated by the soil types.

c.

An inventory of endangered plant and animal species on the site; an inventory of plant and animal species (mammals, birds and reptiles) common to this site.

d.

A list of trees with an estimate of canopy that they provide; a list of herbaceous plants and vines; a list of grasses and grasslike plants.

(2)

Inventory and Analysis of Land Use: location in the City; former use; existing surrounding land uses; and, analysis of type of buffer needed between proposed project site and existing land uses.

(3)

Inventory of Public Facilities: location of existing sewer service and potable water facilities serving the development site with capacities and the future demand associated with the proposed development; the functional classification of roads serving the area with estimated daily traffic volumes; an analysis detailing the future volumes and their effect on roadway Levels of Service; and an analysis of recreation land and facilities needs generated by the proposed land use classification.

(4)

A traffic study, as required.

7.02.03.

Planning Commission standards for evaluation. The Planning Commission, or the City Commission acting as the Planning Commission, shall review every Comprehensive Plan Amendment. In reviewing and formulating recommendations to the City Commission on proposed Amendments to the Comprehensive Plan, and particularly, the Future Land Use Element and Future Land Use Map, the Planning Commission shall specifically consider and evaluate the proposed amendments against the following standards:

(A)

The proposed Plan Amendment is consistent with the goals of the City of Bowling Green Comprehensive Plan. Objectives and policies of the Comprehensive Plan may be proposed for modification by the Amendment.

(B)

The proposed Plan Amendment contains an analysis of the Levels of Service for all public facilities and services; identifies the timing of improvements to maintain Levels of Service established by the Comprehensive Plan; and estimates the cost of such improvements to the City and to the developer.

(C)

In the case of a proposed Comprehensive Plan Amendment to the Future Land Use Map, the proposed Land Use Classification at the proposed location has been analyzed to identify adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibilities and the general welfare of the City. Said analysis must address land uses as they now exist, and as they may exist in the future, as a result of the implementation of the goals, objectives and policies of the Comprehensive Plan; and contains objectives and policies to mitigate or eliminate adverse impacts.

7.02.04.

Public hearings. No Plan Amendment may be considered by the Planning Commission or the City Commission until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing regulated under section 166.041 F.S. shall be as delineated in Article 8, Section 8.06.00 of this Code. Plan Amendments are further regulated under section 163.3184 F.S., which regulations are found in Article 8, Section 8.07.00.

7.02.05.

Findings and recommendation to approve a plan amendment. The Planning Commission may recommend approval of an application for a Comprehensive Plan Amendment only when all of the following conditions are met:

(A)

The proposed Comprehensive Plan Amendment is, or proposes objectives and policies, that will be consistent with the City of Bowling Green Comprehensive Plan.

(B)

The proposed Comprehensive Plan Amendment will not degrade the Level of Service of one or more public facilities and services, or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the City as stated in the Capital Improvements Element.

7.02.06.

Findings and recommendation to deny a plan amendment. The Planning Commission may recommend denial of any application for a Comprehensive Plan Amendment for one or more of the following reasons:

(A)

The proposed Comprehensive Plan Amendment is inconsistent with the City of Bowling Green Comprehensive Plan.

(B)

The proposed Comprehensive Plan Amendment will degrade the Level of Service of one of more public facilities and services, and contains no commitment to undertake improvements to maintain acceptable Levels of Service.

7.02.07.

Decision by City Commission. Within thirty (30) days of receipt of the Planning Commission recommendation, the City Commission shall hold a public hearing, after due public notice, on all recommendations associated with a Plan Amendment from the Planning Commission. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of a Plan Amendment shall be granted unless approved by a majority of the Commissioners voting.

7.03.01.

Purpose and intent. A rezoning may be initiated by the City, or by a property owner or agent of a property owner. The basis for review of application for rezoning entails a review of data and analysis in support of the rezoning; analysis of the impact of the rezoning on public facilities Levels of Service; and an analysis of the need for the proposed rezoning in relation to the goals, objectives and policies of the Comprehensive Plan.

7.03.02.

Contents of the application. Rezoning requests shall be submitted to the City Manager, or his/her designee, on an application form provided by the City, together with applicable fees, which shall have been established by resolution of the City Commission. The application shall contain, at a minimum, the following information:

(1)

A legal description of the property, including the size of the area in acres.

(2)

A description of the proposed rezoning, specifying the goals, objectives and policies of the Comprehensive Plan that it supports and advances.

(3)

A detailed map showing the location of the property in the City, existing land use, existing surrounding land uses; existing zoning and boundaries of the zoning district, and the proposed boundaries of the rezoned district.

(4)

A description and generalized site plan of any proposed development, including the number of units proposed and resulting net density; number of required parking spaces and location; footprint of all proposed buildings and structures on the site, including setbacks; required landscape and buffer yards; and sign locations.

(5)

The location of existing sewer service and potable water facilities to the development site and whether or not the existing facilities will serve the new development.

(6)

The functional classification of all roadways that will be impacted by development permitted by the proposed zoning district, with current and estimated future daily traffic volumes.

(7)

The location of all public and private streets, driveways and utility easements within and adjacent to the site.

(8)

A description of the terrain and the vegetation on the site, including a topographic map, when available.

(9)

An inventory and description of surface water and wetlands; and any floodplains on the site.

(10)

A general inventory of plant and animal species common to the area, any endangered plant and animal species, and habitats present on the site.

(11)

A inventory of trees with an estimate of canopy that they provide, and an inventory of stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas.

7.03.03.

Planning Commission standards for evaluation. The Planning Commission, or the City Commission acting as the Planning Commission, shall review every request for rezoning. In reviewing and formulating recommendations to the City Commission on rezoning applications, the Planning Commission shall specifically consider and evaluate the proposed rezoning against the following standards:

(A)

Consistency with the comprehensive plan. The proposed rezoning is consistent with the goals of the City of Bowling Green Comprehensive Plan.

(B)

Concurrency analysis. The proposed rezoning contains an analysis of the Levels of Service for all public facilities and services; identifies the timing of improvements to maintain Levels of Service established by the Comprehensive Plan; and estimates the cost of such improvements to the City and to the developer.

(C)

Impact analysis. The proposed rezoning has been analyzed to identify future adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibilities and the general welfare of the City.

(D)

Zoning and use of nearby property. An analysis of the range of development that will occur as a result of the rezoning, in comparison to the existing pattern of development, and the future pattern established by the Comprehensive Plan. Depending on the uses permitted in the proposed zoning district, inconsistency in the two patterns may be created.

(E)

Substantial changes in land use circumstances. Analysis of the effect of significant changes in land use in the vicinity of the proposed rezoning. Such changes are substantial if they include: widening of a street, expansion of existing permitted uses, the completion of a subdivision that was previously platted, the construction of a new public facility, such as a park, or any number of other examples. One such change may not be significant and may not justify the rezoning, but several would be and may justify rezoning to higher intensities.

7.03.04.

Public hearings.

Due Public Notice. No request for rezoning may be considered by the Planning Commission or the City Commission until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing must be followed as delineated in Article 8, Section 8.06.00 of this Code.

7.03.05.

Findings and recommendation to approve a rezoning. The Planning Commission may recommend approval of an application for a rezoning only when all of the following conditions are met:

(A)

The proposed rezoning is consistent with the City of Bowling Green Comprehensive Plan.

(B)

The proposed rezoning will not degrade the Level of Service of one or more public facilities and services, or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the City as stated in the Capital Improvements Element.

(C)

The proposed rezoning and all permitted uses are compatible with development on surrounding property. By this analysis the Planning Commission determines whether or not the proposed rezoning provides "appropriate use" of the property.

7.03.06.

Findings and recommendation to deny a rezoning. The Planning Commission may recommend denial of any application for a rezoning for one or more of the following reasons:

(A)

The proposed rezoning is inconsistent with the City of Bowling Green Comprehensive Plan.

(B)

The proposed rezoning will degrade the Level of Service of one of more public facilities and services, and contains no commitment to undertake improvements to maintain acceptable Levels of Service.

(C)

The Public Welfare benefits in maintaining the present zoning classification are so great, that any hardship imposed on the property owner by denying the request for rezoning, is justified.

7.03.07.

Decision by City Commission. Within thirty (30) days of receipt of the Planning Commission recommendation, the City Commission shall hold a public hearing, after due public notice, on all recommendations associated with a rezoning from the Planning Commission. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of an application for rezoning shall be granted unless approved by a majority of the Commissioners voting.

7.04.01.

Intent and purpose. The site development plan procedure shall be required for all uses designated by the letter "D" in the Table of Land Uses in Article [Section] 2.04 to ensure that site-specific development projects meet the requirements of this Code prior to the issuance of a building permit. It is the intent of this Section that the site development plan process be a part of the building permit application process, in that the site development plan is the instrument by which improvements to the site will be constructed and inspected, and by which final inspection and certificate of occupancy shall be issued. Site development plan approval shall also be required prior to the issuance of a building permit for the following:

(A)

Division of an existing development site (such a division shall result in a new or modified site development plan for previously existing development, in addition to a separate plan for new development).

(B)

An expansion or reconfiguration of any of those types of development that are subject to site development plan requirements.

7.04.02.

Site development plan review. Those developments subject to site development plan review shall submit six (6) copies of the site development plan, with a completed application form, all necessary attachments and the requisite application fee to the City Manager, or his/her designee, to initiate processing of the plan. Additional plans shall be provided for review by other state, regional and county agencies upon staff request.

(A)

Site Development Plan Preparation Requirements.

Where the proposed development site is five (5) acres in size or larger, the site development plan shall be prepared by an architect or engineering professional. At the City Manager's, or his/her designee's, discretion, the same requirement may be applied to sites of less than five acres where the plan proposes high-intensity uses or activities that may have a substantial impact on surrounding properties.

Sketch plans and drawings submitted with variance, special exception or other zoning-related applications shall not be accepted for review as a site development plan unless prepared in accordance with the guidelines of this section. In all cases, engineering plans addressing drainage, road construction and other technical aspects of development design shall be sealed by a civil engineer registered in the State of Florida.

(B)

Completeness of Plans. Completeness of site development plans shall be determined within five days by the City Manager, or his/her designee, and if complete shall be scheduled for a Pre-Application Conference according to the requirements of Section 7.01.00.

(C)

Staff Review.

The City Manager, or his/her designee, the Planning Commission's Technical Review Committee, and other appropriate City staff members shall review the site development plan with specific regard to the codes and ordinances of the City of Bowling Green.

The staff review shall identify matters of development policy concern to which the developer shall address particular attention. Specific comments to be addressed based on staff's review of the plan shall be provided in writing. The applicant shall be permitted to respond to staff comments at this stage of review.

(D)

Revised Plans.

Upon agreement by the applicant to incorporate the staff review comments into the plan, the applicant shall submit to the City Manager, or his/her designee, revised site development plans in which all concerns of the staff have been addressed.

When the City Manager, or his/her designee, determines that all staff comments have been adequately addressed, and that the requirements of all applicable City, state and federal regulations have been met, he shall place the plan on the agenda for the next regular meeting of the Planning Commission.

(E)

Where the proposed development involves only the expansion of existing structures, the City Manager, or his/her designee, may reduce or waive certain criteria, data, or other submission requirements as appropriate provided that the following conditions are met:

(1)

No existing structure will be expanded by more than 30 percent of its total floor area and/or seating.

(2)

No change in the existing use of the site is proposed.

(3)

No existing nonconforming use would be expanded, and all other aspects of the site are in conformity with the requirements of this Code.

(4)

The development site will not be reduced in size.

(F)

Under no circumstances shall any site development plan be approved that is inconsistent with any term contained in this development code unless a variance or waiver has been authorized in accordance with the provisions of Section 7.08.00 of this Code.

7.04.03.

Content of the application.

At the City Manager's, or his/her designee's, discretion, sketch plans may be used to demonstrate compliance with Land Development Code for change of use applications that do not result in increased impacts and have no additional development associated with the request.

Site development plans for sites in excess of five (5) acres and those determined by the City Manager, or his/her designee, to require the detail, shall be drawn to a minimum scale of one inch equals 100 feet on an overall sheet size not to exceed 22 by 36 inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon. The following information is required on or in an acceptable form so as to accompany the site development plans respectively as determined applicable by the City Manager, or his/her designee:

(A)

Site development plan name.

(B)

The property owner's name, address and telephone number; and the designated project applicant or representative if other than property owner. In addition, it shall reserve a blank space, three inches wide and five inches high for the use of the approving authority.

(C)

The engineer's name, address, telephone number and registration number.

(D)

North arrow, scale and date prepared.

(E)

A certified boundary survey of the tract prepared by a surveyor registered with the State of Florida showing the location and type of boundary evidence related to the State Plane Coordinate System, if available, and the accurate legal description of the property with a computation of the total acreage of the tract to the nearest tenth of an acre. Survey must have been done within one year prior to filing.

(F)

Zoning district assigned to the property that is the subject of the site plan and to the properties contiguous thereto.

(G)

Identification of watercourses, wetlands, and significant stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas.

(H)

Number of units proposed, if any, and resulting net density.

(I)

Floor area of non-residential uses.

(J)

Open space expressed in square feet and as a percentage of the overall site.

(K)

Number of parking lots and spaces required and proposed.

(L)

Location of all public and private streets, driveways and utility easements, within and adjacent to the site.

(M)

The footprint of all proposed buildings and structures on the site, including setbacks.

(N)

Required landscape and buffer yards.

(O)

Sign locations.

(P)

Phase lines, if the development is constructed in phases.

(Q)

Provisions for both on- and off-site stormwater drainage and detention related to the proposed development.

(R)

Existing topography with a maximum contour interval of one foot.

(S)

Proposed finished grading by contours supplemented where necessary by spot elevations and in particular at those locations along lot lines.

(T)

The delineation of all wetlands and flood-prone areas as delineated by the National Wetlands Inventory and the Flood Insurance Rate Maps published by the Federal Emergency Management Agency (FEMA).

(U)

Delineation of all environmentally sensitive areas as determined by any appropriate agency.

(V)

All existing and proposed utilities, including, but not limited to:

(1)

Water and sanitary sewer pipe sizes, rim and invert elevations, direction of flow and top and bottom elevations and fire hydrant locations and flows.

(2)

Telephone, electric, gas and other utilities.

(W)

Location of major solid waste receptacles.

7.04.04.

Development site to be unified.

When requesting site development plan approval, the applicant shall furnish proof that the development site is unified by title, and not spatially divided by ownership; however, multiple ownership is permissible so long as each owner or investor holds a percentage or proportionate interest in the site as a whole. The development site shall be designed to provide all required facilities, including parking and stormwater retention; no such facilities shall be located off site. The entire site shall have the zoning designation required to accommodate the principal use.

No development site, once granted site development plan approval, shall be divided except through the site development plan modification process established in Section 7.04.08.

7.04.05.

Planning Commission review and action.

The Planning Commission, or the City Commission acting as the Planning Commission, shall review and approve or disapprove any site development plan. The Planning Commission shall review and evaluate the site development plan with specific regard to the Comprehensive Plan, applicable City codes, and the advisory recommendations of City staff. The Planning Commission shall approve, approve with conditions, or deny the site plan.

In the alternative, the Planning Commission may, for the purpose of allowing the applicant an opportunity to address unresolved issues, continue consideration of the site development plan. In the event a site development plan is denied, the reason(s) for the denial shall be noted.

7.04.06.

Approval of site development plans. On approval of a site development plan, a minimum of eight (8) copies, and any additional copies as may be required by the City, of the approved site development plan shall be submitted to the City Manager, or his/her designee, prior to processing of a building permit. The City Manager, or his/her designee, shall forward copies of the plan to appropriate City staff. The City Clerk shall retain and file one copy of the site development plan to constitute a permanent record of the site development plan. A minimum of three copies of the plan shall be reserved for the applicant, two of which shall accompany the application for building permit submitted to the Building Director, and one copy to be available for inspection at the job site.

7.04.07.

Effect of site development plan approval.

Approved site development plans shall remain valid if a building permit is obtained subject thereto within one year after final approval. Granting of extensions for approval may be made by the City Manager, or his/her designee, for a single period up to one year from the date when a site development plan would otherwise expire. An extension may be granted if the Official concludes that the recipient of the approved site development plan has proceeded with due diligence and in good faith, and that conditions have not changed substantially so as to warrant a new application. All such requests for extensions must be submitted in writing, not less than 30 days before the expiration of the approved site development plan stating the reason for the time extension request.

Upon approval of the site development plan, the applicant may proceed to submit construction drawings to the appropriate City staff for permitting. These shall include, but are not limited to, building plans, drainage and stormwater management facilities, road and driveway construction specifications, and tree removal plans.

Nothing contained herein shall preclude the City from accepting for review and processing building construction plans related to the structural, mechanical, electrical and plumbing systems prior to stamped approval of a site development plan, subject to such conditions as may be established by the City relative to such pre-plan certification processing.

In such instances, no building permit will be issued until the site development plan has been stamped approved and is on file in the Building Office. All building and construction permits issued for any project requiring site development plan review shall be consistent with the stamped approved site development plan. The approval of a site development plan shall not, under any circumstances, be construed to waive or otherwise diminish the applicable City requirements for construction or installation of structures or materials. Whenever a conflict between the site development plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail.

7.04.08.

Modification of site development plans.

Any modification, variation or adjustment of a stamped approved site development plan shall require approval of a site development plan amendment.

The City Manager, or his/her designee, shall determine whether a proposed site development plan modification is a major modification or a minor modification. The determination shall be based on, but not limited to, the following: any substantial change, including increase in density, change in permitted uses, change in stormwater runoff characteristics, change in traffic patterns and trip generation, or other similar changes shall be considered a major modification; any proposed minor changes in configuration or similar changes shall be considered a minor modification.

The City Manager, or his/her designee, may approve a minor modification. If the proposed change or amendment is determined to be other than a minor modification, the City Manager, or his/her designee, shall forward any revisions to appropriate members of City staff, outside consultants, and if required schedule a hearing by the Planning Commission to consider approval of the change.

7.04.09.

Integration of other review procedures. Any development involving the following provisions of this code shall be coordinated as set forth below:

(A)

Development built in phases. Development built in phases or stages must clearly show the various phases or stages of the proposed development on the site development plan and on all subsequent site development plans. Any amenity or stormwater management system proposed in any future phase shall be constructed in the first phase of development. A site development plan must be submitted for each successive phase of the development.

(B)

Variance or special exception uses. For developments requiring approval of a Variance or a Special Exception, a request for such approval shall be submitted to the Planning Commission and City Commission, and the Special Exception shall be approved prior to final approval of the site development plan. A site development plan and a Special Exception request may be processed concurrently.

7.04.10.

Noncompliance. Failure to comply with a stamped approved site development plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a stamped approved site development plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this Section for a site plan shall constitute a violation of this Code and may be subject to a stop work order.

7.05.01.

General.

7.05.01.01.

Purpose and intent. The purpose of this Section is to establish minimum procedures and standards to further the provisions of State Law that regulates and requires the platting of land for development; to further the goals and policies of the Bowling Green Comprehensive Plan; and to set forth a process for approval of the subdivision of land within the jurisdiction of the City. Where provisions for subdividing land are either more restrictive or less restrictive than other land development codes, resolutions or rules adopted by the City, those provisions that are more restrictive and impose higher standards or requirements shall govern. Subdivision approval procedures are set forth herein as a three-step process, the concept plan review, that is optional, preliminary plat review and final plat approval. This process is intended to permit comprehensive review by the City and to benefit the developer by identifying potential problems and their solutions at appropriate times during the process. As with all stages of the development approval process, it is the responsibility of the developer to check all State and local regulations governing the subdivision of land and to adhere strictly to the procedures therein.

7.05.01.02.

Applicability. These regulations shall apply to all subdivisions, including those intended for commercial and industrial development. The provisions of this Section are applicable to the division of a parcel of land, that is defined to mean the division of contiguous land holdings by a single owner or multiple owners, regardless of how said parcels are described or recorded, into three or more parcels, lots, tracts or sites for the purpose of transfer of ownership or building development.

7.05.01.03.

Variances. At the preliminary plat approval stage, and subject to final approval by the City Commission, certain variances may be considered. Where the Planning Commission finds that extraordinary hardships may result from the strict application of the planning and engineering standards set forth in these regulations, it may consider those variances that are recommended by the City Manager and that the Planning Commission determines are necessary to ensure that substantial justice is done and the public interest is upheld. Provided however, that the effect of the variance shall not be to nullify the purposes and intent of these regulations nor the Comprehensive Plan of the City of Bowling Green.

7.05.02.

Procedure.

Whenever any subdivision of land is proposed and before any contract is made for the sale of any part thereof and before any permit for the installation of utilities, either public or private; construction; paving and drainage; or structures in a proposed subdivision shall be granted, the subdivider, or his authorized agent, shall apply for and secure approval of the proposed subdivision through submission of the following documents:

(A)

Concept Plan Review (Optional).

(B)

Preliminary Subdivision Plat.

(C)

Construction Plans.

Final Subdivision Plat. Upon completion of all subdivision infrastructure improvements, or guarantee thereof, the subdivider shall apply for and receive approval of a Final Subdivision Plat before applying for permits to build structures on the lots thus created.

7.05.03.

Concept plan review. The developer may present a subdivision concept plan to the City Manager, or his/her designee, who shall review the plan as to its conformance to the comprehensive plan, zoning and other applicable land development regulations. The plan shall show, at the minimum:

(A)

Proposed use.

(B)

Basic street layout.

(C)

Typical lot sizes.

(D)

Boundaries.

(E)

Significant physical conditions.

The concept plan may be a sketch, but must be drawn to scale. Comments by the City Manager, or his/her designee, City engineer, fire official and other City staff reviewing the concept plan shall be detailed in a letter to the developer not less than ten (10) working days after submission, and shall form the basis for preparing the preliminary plat.

7.05.04.

Administrative approval of minor subdivisions.

(A)

The intent of this division is to establish an administrative review and approval process for small scale residential development and land subdivision.

(B)

Within three days of submittal of plans for a building or land development permit, the City Manager, or his/her designee, shall determine if minor subdivision approval is applicable and shall state any requirements in a letter or memorandum, that shall be attached to the permit application.

(C)

In requesting the administrative approval of a minor subdivision, the applicant shall provide the following information:

(1)

A copy of the deed to the property. If the applicant does not own the property, he must obtain written permission from the owner, including a notarized signature, authorizing him to make the application.

(2)

A copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet.

(3)

A certified survey.

(4)

Any established application fee plus the per lot fee for subdivision shall be charged.

(D)

The City Manager, or his/her designee, may administratively approve a minor subdivision property for residential use under the following conditions:

(1)

The approval does not result in the creation of more than four new lots.

(2)

The approval does not create a lot, or lots, that do not meet applicable zoning district standards for width, depth, and area.

(3)

Each lot has frontage on a public road, and no new public streets are needed to serve either property.

(4)

No extension of a public water or sewer system is needed.

(5)

There will be no necessity for drainage facilities serving other properties to cross either [sic] the lot affected by the administrative approval. Certification shall be provided by a professional engineer registered in the State of Florida.

(E)

In granting approval, the City Manager, or his/her designee, may impose such conditions, safeguards and requirements as deemed necessary to implement the intent and purpose of this Section. The City Manager, or his/her designee, may require any division or combination of previously platted property to comply with the complete platting process as set forth in this Section.

(F)

The developer shall agree to prepare and submit a final minor subdivision plat to the City Manager, or his/her designee, within 45 days of the issuance of a land development permit. The City Manager, or his/her designee, shall be responsible for placing all minor subdivision plats on the City Commission agenda for approval and acceptance. The plat shall be recorded with the Clerk of the Circuit Court of Hardee County prior to issuance of a certificate of occupancy.

(G)

The minor subdivision plat for recording shall conform to all requirements set forth in F.S. ch. 177.

7.05.05.

Preliminary subdivision plat.

The developer may present a preliminary subdivision plat at any time after receiving the comments of the City Manager, or his/her designee, the Consulting City Engineer, fire official and other City staff in response to the submission of a concept plan. The preliminary plat shall demonstrate the manner in which the comments from the concept plan review, if conducted, have been incorporated into the plat.

The purpose of the Preliminary Subdivision Plat is to provide sufficient information regarding a proposed development to enable the City to evaluate the proposed subdivision as it relates to the Comprehensive Plan and the Unified Land Development Code.

7.05.05.01.

Submission of preliminary subdivision plat.

(A)

Submittal. The Preliminary Subdivision Plat review shall be initiated when the following items have been submitted:

(1)

Completed application forms with all necessary attachments.

(2)

The preliminary subdivision review fee, as established by resolution of the City Commission.

(3)

Four (4) copies of the Preliminary Subdivision Plat, a survey and a topographic map.

(B)

Required information. The Preliminary Subdivision Plat shall be drawn to a scale appropriate to displaying the proposal on a single 36" x 60" sheet and shall include the following:

(1)

Name, address, and telephone number of the applicant and the person preparing the plan.

(2)

A statement as to the ownership and title of the property and whether any mortgages exist on the same.

(3)

Title block identifying the name and/or title of the proposed subdivision. The name shall not duplicate or closely approximate the name of any other subdivision recorded in the Public Records of Hardee County, Florida.

(4)

Date, north arrow, and scale.

(5)

Site location block or map on the drawing showing the subdivision's relationship to City limits and major roads.

(6)

Legal description of the property, U.S. survey section, township and range lines.

(7)

Layout and dimensions of proposed lots.

(8)

Layout of proposed streets.

(9)

Locations of adjoining subdivisions, streets, and platted rights-of-way, whether or not the platted streets have been built.

(10)

Survey or scaled drawings showing exiting property lines, streets, water or drainage courses, sewers, water mains, fire hydrants and easements within the boundaries and those improvements and dedications that are adjacent to and within 500 feet of the subdivision.

(11)

A topographic map of the site, showing vertical elevations of not more than one-foot intervals, or at intervals deemed necessary by the City engineer to ensure positive drainage; and the location and the elevation of all water, wetland and flood-prone areas.

(12)

All existing restrictions on the use of the land, including easements, rights-of-way, jurisdictional wetlands areas, either assumed or confirmed.

(13)

Tabular data block including total site acreage, acres of the site in wetlands, acres of the site in water bodies, area and delineation of the site within the 100-year flood zone as identified by FEMA, total number of lots, acres in stormwater management, and acres of site in common area, open space and recreation use.

(14)

A sketch survey of all trees having a measured trunk diameter of five (5) inches or more, four (4) feet above grade.

(15)

A draft of any protective covenants proposed for the subdivision.

(16)

Zoning classification.

(C)

Procedure.

(1)

Planning Commission action. At its regular monthly meeting, the Planning Commission shall review exhibits, staff reports and comments by reviewing agencies and individuals and shall approve, approve with conditions or disapprove the preliminary plat. Approval of the preliminary plat shall be deemed an expression of approval of the subdivision layout, and shall be reported to the City Commission in the form of a recommendation for approval of the preliminary plat. When approved by the City Commission, the preliminary plat shall be the guide to preparation of a final plat.

(2)

City Commission action. The City Commission shall review the action of the Planning Commission and take action to approve, approve with conditions or disapprove the preliminary plat. Approval of the preliminary plat authorized the developer to prepare construction plans for public infrastructure improvements. After approval of the construction plans by the Consulting City Engineer, the developer may proceed with construction of the infrastructure improvements.

7.05.05.02.

Term of preliminary subdivision plat.

Preliminary Subdivision Plats shall remain valid for one year from the date of approval. Extensions for approval may be granted for a single period up to one year from the date the plan would otherwise expire. An extension may be granted if the Planning Commission concludes that the owners or successors of the preliminary subdivision plat have proceeded with due diligence and in good faith and the conditions have not changed substantially as to warrant a new application. All such requests for extensions shall be submitted in writing not less than thirty (30) days before the expiration of the preliminary subdivision plat, stating the reason for the time extension request. Upon expiration of a preliminary subdivision plat, municipal services allocated thereto shall be forfeited.

Any amendment, variation or adjustment of a Preliminary Subdivision Plat shall require approval of an amended plat. The City Manager, or his/her designee, shall determine whether a proposed modification amounts to an amendment to the Preliminary Plat. The determination shall be based on, but not limited to, the following: any substantial change to the plat, including increase in density, change in permitted uses, change in stormwater runoff characteristics, change in traffic patterns and trip generation, or other similar changes to the plat. The proposed amendment shall, after staff review, be placed on the agenda for review and approved, approved with conditions, or disapproved.

7.05.06.

Construction plans.

After approval by the City Commission of the preliminary plat and prior to the review of the final plat by the Planning Commission, the developer shall prepare and submit eight copies of the construction plans to the Engineer. The purpose of the construction plan is to allow City staff to review and approve all proposed site improvements prior to construction.

The construction plans shall consist of complete working drawings and design specifications, and shall be the basis for evaluating the quality and completeness of the proposed engineering design, compliance with all applicable regulations, the establishment of a construction schedule, and site improvement permitting.

7.05.06.01.

Submission of construction plans.

(A)

Submittal. Construction Plans review will be initiated when the following information has been provided.

(B)

Required information. The construction plan shall be drawn to a scale of not more than 1 inch = 50 feet. The size of sheets shall be 24 inches by 36 inches and shall show, in addition to the data provided on the Preliminary Subdivision Plat, the following:

(1)

Name, address, and seal of registered engineer and surveyor responsible for the plan and accepted data.

(2)

Final alignments, dimensions, grades and profiles of proposed streets, utilities, drainage and other improvements to be constructed.

(3)

Such other calculations, computation and details as may be necessary to determine the limits of wetlands, the groundwater table, off-site impacts of the proposed development, and other technical matters that may be specified by the Consulting City Engineer.

(4)

Any permit or permits from an agency or agencies approving access to State, county, or local roadways.

(5)

Any permit or permits from an agency or agencies approving the proposed stormwater management system.

(6)

Any permits permitting agencies approving the utilities plan.

(C)

Procedure.

Upon approval of construction plans, the applicant may proceed with permitting for installation of improvements. Improvements shall include tree removal, clearing and grubbing, installation of streets and utilities and installation of stormwater management systems. Stormwater management facilities shall be constructed for the entire area of the plan regardless of any phasing plans relative to final plat recording. Final certificates of occupancy for models shall not be issued until the Final Plat has been accepted by the City and recorded with the Clerk of the Circuit Court for Hardee County.

If the subdivider proceeds with permitting and installation of improvements prior to recording of the plat, a contract with the City for the construction of the required improvements, establishing a financial guarantee that all required improvements shall be constructed, shall be executed. An acceptable guarantee for required improvements shall be in an amount not less than the estimated cost of the improvements, as approved by the Consulting City Engineer, but may be reduced from time to time in proportion to the work completed, and may take one of the following forms, subject to the approval of the Consulting City Engineer and the City Attorney.

7.05.06.02.

Construction prior to platting. Construction of streets, drainage facilities, and/or other subdivision improvements prior to actual platting shall be permitted only upon specific application therefor and upon specific approval by the City Commission. In granting any such approval, the City Commission may impose such conditions, restrictions, and/or time schedules as may be deemed necessary in the public interest.

7.05.06.03.

Performance bond. If at the time of application for final plat approval all improvements are not satisfactorily installed, the subdivider shall post a bond in an amount estimated as sufficient to secure to the City the satisfactory construction, installation and dedication of all required improvements. Such performance bond shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Commission as part of the approval action on the final plat and shall be incorporated in the bond and shall not in any event exceed two (2) years from date of final City approval. The City Commission may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the City Attorney.

7.05.06.04.

Construction inspection. The City shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion. If it is found that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the subdivider shall be responsible for modifying and/or completing the improvements so as to comply with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

7.05.06.05.

Engineering drawings. Three (3) sets of City-approved engineering as-built drawings shall be submitted with the final plat. All as-built drawings shall contain a certification by a professional engineer or registered land surveyor of personal verification of the exact location and dimensions of all completed improvements, as well as certification that all utilities have been installed in accordance with specifications.

7.05.06.06.

Maintenance guarantee. The developer shall guarantee the materials and workmanship of pavement, curb and gutter, sidewalks, water system, wastewater (sewage) system and the drainage system in the subdivision for a period of one (1) year after final acceptance by the City Manager, or his/her designee. A bond shall be required for the maintenance and repair requirements to cover faulty plans, materials or workmanship. The bond shall be effective for one (1) year and in an amount set by the City Manager, in consulting with his Consulting City Engineer.

7.05.07.

Final plat. Upon the acceptance by the Consulting City Engineer of all subdivision improvements, the developer may present a final plat for approval. The intent of the final plat is to establish a legal record of the subdivision. The Final Plat may not be approved unless it is in strict conformance to details of the preliminary plat and any changes required by, and approved by the City.

7.05.07.01.

Submission of final plat.

(A)

Submittal. An application for final plat approval shall be submitted with an appropriate fee established by the City and with accompanying documents as specified herein to the City Manager, or his/her designee. The City Manager, or his/her designee, shall forward copies of the final plat and the approved preliminary plan to the City attorney, and other staff, as appropriate, for their review and comments, and shall place the applications on the agenda of the Planning Commission for final review and approval.

(B)

Required information. Although it may constitute only that portion of the preliminary plat that the developer proposes to record and develop at the time, the final plat for recording shall be prepared in conformance with the requirements specified herein. Eight (8) copies of the final plat shall be submitted with the request for approval, and shall show, in addition to the data provided on the Preliminary Subdivision Plat, the following:

(1)

The final plat shall be drawn on a linen tracing cloth or stable base film at least three (3) mils thick, twenty-four (24) inches wide by thirty-six (36) inches long. Preferred scale of the final plat is one inch equals one hundred feet (1" = 100'). If a different scale is used for the recorded plat, a facsimile scaled to one inch equals one hundred feet (1" = 100") on stable base film shall be provided to the City Manager, or his/her designee.

(2)

Name of plat.

(3)

Each plat shall show a description of lands platted and the description shall be the same in the title certification. The description shall be so complete that from it, without reference to the plat, the starting point and boundary can be determined.

(4)

All required final permits and approvals issued by agencies and governing bodies having jurisdiction over properties being subdivided shall be furnished to the Consulting City Engineer. The final plat shall not be approved by the Planning Commission without proper submission of the final permits and approvals.

(5)

All easements or rights-of-way provided for public services or utilities, and limitations of such easements.

(6)

All lots shall be numbered either by progressive numbers or, if in a block, progressively numbered or lettered in each block. Lot lines shall be marked with accurate dimensions in feet and hundredths of feet, and bearings or angles to street lines.

(7)

A statement shall be included on the final plat indicating the final length of roads, water and sewer lines installed.

(8)

The purpose of all areas dedicated must be clearly indicated or stated on the plat. Accurate descriptions of any such areas to be dedicated or reserved for public use shall state the purpose thereon.

(9)

In the event the plat includes open space, clubhouses, playgrounds or other amenities to be owned and used in common by residents of the development, a plat note shall be added requiring the creation of a homeowners or property owners association that shall be responsible for such facilities.

(10)

All interior excepted parcels shall be clearly indicated and labeled "Not A Part Of This Plat."

(11)

Any existing or proposed private restrictions and trusteeships and their periods of existence shall be filed as a separate instrument, and reference to such instrument shall be noted on the Final Plat.

(12)

City signature spaces for the Mayor, City Clerk, Consulting City Engineer, and the Chairman of the Planning Commission.

(13)

The Clerk of the Circuit Court of Hardee County certificate and the land surveyor's certificate and seal.

(C)

Plat documentation requirements. The following documentation shall accompany the Final Plat:

(1)

The final plat for recording shall conform with all requirements set forth in F.S. ch. 177, including dedications and reservations executed by the developer and certification by a registered land surveyor.

(2)

A title opinion by an Attorney at Law, licensed in Florida, or a certification by an abstractor or title company stating that the court records identify that the title of the land as described and shown on the plat is in the name of the person or persons or corporation executing the dedication. In addition, a document entitled, "Consent to Platting of Lands and Partial Release of Mortgage," shall be filed together with the Final Plat for each person or corporation holding a mortgage on all land included on the plat, where such person or corporation has not signed the Final Plat.

(3)

Certification by a registered land surveyor that the plat represents a survey made by that individual and, further, that all necessary monuments, lot sizes and lot dimensions are correctly shown thereon. Impressed thereon, and affixed thereto, shall be the personal seal and signature of the registered land surveyor by whom, or under whose authority and direction, the plat was prepared.

(4)

Certification that all real estate taxes have been paid.

(D)

Procedure.

(1)

Planning Commission. The Planning Commission shall review the final plat and staff comments pertaining thereto, and shall take action to approve or disapprove the plat. Any conditions of approval shall be stated with the motion to approve the plat and shall be made clear to the developer. The Planning Commission may defer action if additional information, staff review, subdivision improvements or completion assurances are needed. In any case, the Planning Commission shall be provided with a written statement by the building official to the effect that all required public improvements have been completed to his satisfaction or that satisfactory guarantees of completed installation have been provided.

(2)

City Commission action. The City Commission shall review the action of the Planning Commission and take action on the final plat. Approval of the plat and acceptance of public improvements and dedications shall be by resolution and shall authorize the Mayor and City Clerk to sign the copy of the plat to be recorded.

(3)

Recording. Upon approval by the City Commission, the final plat shall be filed and recorded with the City clerk. The developer shall be responsible for recording the final plat and for returning one reproducible copy of the recorded plat to the building official. The Final Plat shall be recorded prior to the issuance of any building permits within the subdivision.

7.05.08.

Vacating of plats and replats.

7.05.08.01.

Vacating of plat by owner. The owner of any land subdivided into lots may petition the City under the provisions of Section 177.101, F.S., to remove (vacate and annul) the existing plat, or portion thereof, from the official records of the City of Bowling Green and Hardee County. The applicant vacating a plat, or a part thereof, shall file the petition, proof of publication of notice of intent, certificate of title, Statement of taxes and resolution, and shall pay the appropriate filing fee as established by Resolution of the City Commission. Following review by the appropriate City departments and recommendation by the Planning Commission, the petition shall be acted on by the City Commission. The applicant shall be responsible for recording the petition and the proof of publication with the Clerk of the Circuit Court for Hardee County.

7.05.08.02.

Vacating of plat by City. The City Commission may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction. Such action may include the vacation of dedicated rights-of-way and easements, provided that:

(A)

The subdivision plat was lawfully recorded not less than five (5) years before the date of such action by the City Commission; and

(B)

No more than 10 percent of the total subdivision, or part thereof, has been sold as lots by the original subdivider or his successor in title. Such action shall be based on a finding by the Commission that the proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the City, and the public health, safety, and welfare will be promoted.

Before acting on a proposal for vacation and annulment of subdivided land the Commission shall hold a public hearing, with notice of intent as set forth by Chapter 166, F.S. Notwithstanding these provisions, the City may require conformity with existing standards for all or parts of subdivisions as outlined in this Section.

7.05.09.

Access to individually owned parcels. No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat, or a portion of a plat, of reasonable access to such parcel, nor of reasonable access therefrom to existing facilities to which such parcel presently has access; provided that such access remaining or provided after such vacation need not be the same as that previously existing.

Special exceptions shall be granted only for those activities specified as "S" Special Exception uses in the Table of Land Uses 2.04.01(A), Article 2.

The Planning Commission shall hear and decide applications for special exceptions authorized under this Code in the manner prescribed below.

7.06.01.

Application.

(A)

Application; fees. All requests for special exceptions shall be submitted in writing to the City Manager, or his/her designee, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable:

(1)

A legal description and street address of the property.

(2)

Notarized authorization of the owner if the applicant is other than the owner or an attorney for the owner.

(3)

Site plan or sketch plan drawn to scale showing:

a.

The dimensions of the property;

b.

The existing and proposed location of structures on the property including signage, vehicular accessways and circulation areas, off-street parking and loading areas, sidewalks, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas;

c.

The measurements of existing and proposed adjacent rights-of-way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

(4)

A tabular summary describing the proposed use of the property including:

a.

Existing and proposed use of property;

b.

Conditions on the use, such as hours of operation, numbers of residents, etc.;

c.

Area of the property, pervious and impervious areas, and existing and proposed structures.

d.

Number of required and provided off-street parking and loading spaces, existing and proposed density, and number of existing and proposed units.

7.06.02.

Review of proposed special exception.

(A)

Completeness review. Within five (5) working days of receipt of an application for a special exception, the City Manager, or his/her designee, shall:

(1)

Determine that the information is incomplete and inform the applicant in writing of the deficiencies.

(2)

Determine that the plan is complete and proceed with the following procedures.

(B)

Report to Planning Commission. The City Manager, or his/her designee, shall submit a written report containing his/her recommendations on the proposed special exception to the Planning Commission prior to the meeting at which the application will be heard. A copy of the report shall be made available to the applicant. The Planning Commission review shall include a concurrency management review of the proposed use pursuant to the standards and procedures in Article 6 of this Code.

(C)

Planning Commission hearing. The Planning Commission shall hold a public hearing on each application and shall forward its recommendations to the City Commission.

(D)

Decision by City Commission. The City Commission shall hold a public hearing after due public notice on all recommendations for special exceptions from the Planning Commission. By majority vote, it may accept, reject, modify, return or continue and seek additional information on those recommendations.

(E)

Conditions and safeguards. The development and use of the site of an approved special exception shall be in accordance with the approved site plan and application materials. The approved site plan shall be filed with the City Manager, or his/her designee, and all development shall be in compliance with that plan. The Planning Commission may recommend and the City Commission may impose on the grant of any special exception any conditions or safeguards found to be necessary to ensure the compatibility of the special exception with surrounding properties or the community in general. These may include, but are not limited to, requiring restrictions on hours of operation and size of buildings, additional landscape and buffer areas, limiting vehicular access points and location of off-street parking, and similar conditions. Violation of any such condition or safeguard shall be deemed a violation of this Code and may result in a revocation of any special exception, in addition to any other remedy for such violation provided in this Code.

(F)

Denial. The Planning Commission may recommend denial of any application for any special exception, and the City Commission may deny any application for special exception, for one or more of the following reasons:

(1)

It is inconsistent with the City of Bowling Green Comprehensive Plan.

(2)

It would violate the concurrency management standards in Article 6 of this Code.

(3)

It does not meet the requirements of the applicable special exception regulations.

(G)

Findings. The City Commission shall make written findings, based on one or more of the reasons listed above, in support of a denial of an application for a special exception.

7.06.03.

Expiration or abandonment of special exception use. If a special exception does not begin to serve the purpose for which it was granted permission within 180 days from the date of approval, it shall expire. Once initiated, the special exception use may continue indefinitely or until the expiration of any time limit established as a condition of approval. However, if such use is abandoned for 180 days, it shall expire.

Authorized home occupations shall comply with all of the following provisions:

(A)

No person other than a member of the family residing on the premises shall be employed in the home occupation.

(B)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the use of the unit for residential purposes by its occupants. Under no circumstances shall the residential character of the property be changed by the home occupation.

(C)

No sign or display shall be provided to indicate from the exterior that the building is being used in whole or in part for any purposes other than that of a dwelling.

(D)

Business activities associated with a home occupation, including storage of merchandise and materials, shall take place only in the principal structure.

(E)

No home occupation shall occupy more than a total of 500 square feet of floor area.

(F)

Traffic shall not be generated by the home occupation in greater volumes than would normally be generated by a dwelling unit in a residential area. No additional parking spaces shall be provided in excess of those required to serve the residential unit under Section 3.03.00.

(G)

No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses. In case of electrical interference, no equipment or process shall be used that creates visual or audible interference in radio or television receivers or causes fluctuations in line voltages off the premises.

(H)

No articles or materials pertaining to the home occupation shall be stored on the premises, except inside the principal structure.

7.07.01.

Procedure for approval of a home occupation. A home occupation may be approved administratively by the [City Manager] upon payment of a review fee established by the City Commission and submission of an application containing the following information and documentation:

(A)

Name(s) of owner(s) and a copy of the deed to the property.

(B)

Legal description of the property.

(C)

Complete written description of the activity proposed as a home occupation.

(D)

Copy of Hardee County Property Appraiser's map showing subject property and all surrounding properties within a 100-foot radius of subject property's boundaries.

(E)

Certified survey of subject property (at City Manager's, or his/her designee's, discretion).

(F)

Signatures of all property owners within 100 feet on a petition indicating no objection to the home occupation.

The City Manager, or his/her designee, may refer the matter to the Planning Commission for approval if signatures from all property owners within 100 feet of the subject property cannot be obtained, or for any other reason that may justify such referral. Home occupation approvals shall be handled through the same process as a zoning district change or special exception approval.

Any person, firm or corporation owning property in the City of Bowling Green may apply for a variance from specific provisions of this Code, excepting those relating to permitted land uses, concurrency and consistency with the Comprehensive Plan. Variances shall be granted only by the Zoning Board of Appeals in a public hearing that has been advertised in accordance with Section 8.06.00 of this Code. Variances granted by the Board shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to time limits or any other conditions that the Board deems appropriate.

7.08.01.

Criteria for granting a variance. The granting of a variance shall be based on a determination by the Zoning Board of Appeals that the request will not be contrary to the public interest and the intent of this Code. Considerations of health, convenience or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied:

(A)

Special conditions and circumstances exist that are peculiar to the land or structure involved.

(B)

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

(C)

The reason for the requested variance is unique, or nearly so, rather than one shared by many surrounding properties.

(D)

That the variance granted is the minimum variance that will make possible a reasonable use of the land or structure.

(E)

That the granting of the variance will be in harmony with the general intent of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

For each variance granted, the Zoning Board of Appeals shall approve, and the chairman shall sign, a resolution listing the above criteria and attesting that each has been satisfied.

7.08.02.

Repealed.

(Ord. No. 2016-03, exh. A, 4-12-2016)

Nonconformities are land uses, structures, lots and other elements of development that do not conform to the provisions of this Code but were created in accordance with those land development regulations (if any) in effect at the time of their establishment. Subject to the provisions listed below, nonconformities may continue to exist if otherwise lawful and in existence on the date of adoption of this Code. The casual, intermittent, temporary or illegal use of land or structures prior to the effective date of this Code shall not qualify such use or structure for the privileges outlined in this Section.

7.09.01.

Nonconforming uses. Nonconforming uses shall not be:

(A)

Enlarged, increased or expanded to occupy a greater land or floor area than at the effective date of this Code or amendment to the Code, whichever date created the nonconformity.

(B)

Enlarged or intensified through the erection of any additional structure or use that is not permitted under the provisions of this Code.

(C)

Re-established if destroyed or if use is discontinued for 90 consecutive days.

(D)

Moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of this Code.

Nonconforming uses of land where no principal structure exists, other than Agriculture, shall be discontinued within two (2) years of the adoption of this Code or amendment thereto, whichever date rendered the use nonconforming.

7.09.02.

Nonconforming lots of record. Lots not meeting the standards established in this Code for minimum width, depth and area but recorded in the public records of Hardee County prior to the date of adoption of this Code or amendment thereto may be used for building purposes with the following provisions:

(A)

In R-1, R-2 and R-3 districts, single-family dwelling units shall not be built on lots of less than 10% of the required width nor 5,000 square feet in size, without a variance authorized by the Zoning Board of Appeals.

(B)

All other structures shall be built on lots of no less than 10% of the required width nor 6,000 square feet in size, without a variance authorized by the Zoning Board of Appeals.

(C)

Contiguous lots that are of single ownership, and do not separately meet width, depth and area requirements of the applicable land use classification, shall be considered a single lot for development purposes.

(D)

Nonconforming lots of record shall not be reduced in size, width or depth without a variance authorized by the Zoning Board of Appeals.

(E)

All development permitted on nonconforming lots of record shall be subject to normal setbacks and all other requirements of this Code.

7.09.03.

Nonconforming structures. Structures qualifying as nonconforming shall not be:

(A)

Moved in whole or in part, if nonconforming by use, to another location on the same parcel or lot that it occupies.

(B)

Transported to any other parcel of land unless such transport would render the structure conforming to all applicable provisions of this Code.

(C)

Enlarged or expanded in any manner, unless such enlargement reduces the degree of nonconformity and is carried out in accordance with the provisions of this Code.

(D)

Rebuilt, repaired or renovated in excess of 50 percent of the assessed value of the structure, as determined by the Hardee County Property Appraiser.

Structures that are nonconforming by size, but not by use, may be enlarged if the addition will reduce a nonconformity of floor area and will meet required setbacks. Structures that are nonconforming by setback, but not by use, may be enlarged if all new construction meets required setbacks.

7.09.04.

Nonconforming mobile home parks.

Existing mobile home parks that are nonconforming by use shall not be redesigned, expanded in area, or modified to accommodate additional mobile homes. Replacement of existing mobile homes in such parks shall be prohibited.

Mobile home parks that are nonconforming by design only may be expanded in area and/or modified so as to reduce or eliminate those aspects of design that render it nonconforming. The City Manager, or his/her designee, may authorize additional mobile home sites in such parks upon submission of a site development plan showing a redesign of the park that substantiates the following:

(A)

Overall density of the park will not exceed the allowable density established in the Comprehensive Plan and the appropriate section of this Code.

(B)

An area comprising 20 percent of the development site or 5 acres, whichever is less, shall be set aside as common open space as defined in Article 9.

(C)

No new mobile home will be placed within 20 feet of any property line.

(D)

Where possible, all development standards of the zoning district have been met, or the degree of nonconformity reduced. In no case shall the degree of nonconformity of any design aspect be increased.

A redesign proposal that does not include the addition of new mobile home spaces shall not be subject to conditions A and B above.

7.09.05.

Nonconforming mobile homes. The replacement of an existing mobile home on property that is not designated for mobile home use on the Official Zoning Map shall be prohibited.