Bradenton City Zoning Code

CHAPTER 2

0 - ADMINISTRATION AND PROCEDURES3

Footnotes:

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Editor's note— Ord. No. 2926, § 1, Att. A, adopted Sept. 22, 2010, amended the Land Use Regulations Administration and Procedures to read as herein set out. Previously, Administration and Procedures derived from Ord. No. 2707, § 1, adopted April 23, 2003; Ord. No. 2721, § 1, adopted Oct. 8, 2003; Ord. No. 2722, § 1, adopted Oct. 8, 2003; Ord. No. 2760, §§ 1—3, adopted May 26, 2004; Ord. No. 2782, Att. A, adopted April 27, 2005; Ord. No. 2788, Att. A, adopted Sept. 26, 2005; and Ord. No. 2913, § 1, Att. A, adopted Feb. 10, 2010.

2.1 - Boards and officials.

The governing body of Bradenton, Florida (city council), hereby establishes and authorizes the following entities to administer this ordinance. These entities shall be composed, administered, and empowered as described herein.

2.1.1 City council. The city council shall make final decisions on land use atlas amendments, special use permits, annexations, vacations of public right-of-way or easements, alcoholic beverage sales, subdivision plats, and planned development projects. The city council shall also rule on appeals as required elsewhere in these LURs and on petitions from the architectural review board to delay demolition.

2.1.2 Planning commission. The Bradenton Planning Commission is hereby re-designated as the local planning agency as required by F.S. § 163.3174. The planning commission shall have the general responsibility for the conduct of the comprehensive planning program, and perform any other function applicable to local land use decisions, as permitted by that statute, further described as follows:

2.1.2.1 Composition and terms of planning commission members.

The Planning commission shall consist of seven members and four alternates appointed by the mayor and confirmed by the city council to four-year terms, staggered so that no more than two regular members are appointed or reappointed in the same year, except in the case of resignation. The alternates shall serve only if a regular member is absent or disqualified from voting on a particular case.

All vacancies shall be filled within 30 days. Any member may be removed by the mayor with the approval of city council for inefficiency, neglect of duty, malfeasance, conflict of interest or similar cause, after written notice and a public hearing.

Citizens being considered to serve on the planning commission should live, work, or have an interest in the City of Bradenton.

2.1.2.2 Bylaws and procedures. The planning commission shall adopt bylaws and procedures regarding the election and terms of officers, establishment of a regular schedule of meetings, and the calling and conducting of meetings. The bylaws and procedures shall be incorporated into the procedures manual maintained by the PCD director. The city council may make appropriations for salaries, fees and expenses necessary for the conduct of the work of the planning commission.

2.1.2.3 Functions, powers and duties.

Acquire and maintain such information, through conducting special studies as necessary, to understand land use development in the city and to predict future growth and land use needs.

Prepare, recommend, review, and maintain as required by F.S. ch. 163, a comprehensive plan containing policies for guiding decisions regarding development.

Serve as advisor, and make recommendations to the city council by reviewing applications for, special use permits, land use atlas amendments, vacations of public rights-of-way and public easements, alcoholic beverage sales, subdivision plats, planned development projects, and other applicable land use matters.

The planning commission shall also make decisions on variances, and applications for appeals regarding decisions made by the PCD director, and interpretations of the provisions of these LURs.

Perform any other duties which are lawfully assigned to it by the city council.

2.1.3 Tree and land preservation board. The city recognizes that a green and well-landscaped environment is important and healthy to its citizens and business community, and prospective residents and visitors. The purpose of the tree and land preservation board (TLPB) is to promote awareness of the city-wide tree canopy and tree education programs, and open space and parklands preservation initiatives. The TLPB may also, when determined by the PCD, advise owners of buildings, land, and other properties that may impact the city's tree canopy and open spaces, and other lands concerning the treatment of the natural, visual characteristics and value of such properties. The TLPB works closely with city departments, various civic and private groups, individuals, and outside agencies and organizations.

2.1.3.1 Composition and terms of TLPB members. The TLPB shall consist of not less than three and not greater than 11 members appointed by the mayor and confirmed by city council for terms of three years. The professional members do not have to be residents of the city. The PCD director or his or her designee shall serve as staff to the TLPB board, and shall bring forth items to the board for consideration as outlined in section 2.1.3.3. Any member may be removed upon the recommendation of the mayor and a majority vote by city council. A simple majority of the members then-appointed shall constitute a quorum. Members should be a diverse mix, representative of the community, in the following or similar professions:

• Florida-registered landscape architects;

• Florida-certified arborists;

• County agricultural extension office representative;

• Land use planners;

• Landscape nursery professionals;

• Keep Manatee Beautiful members;

• Foresters;

• Environmental professionals;

• A maximum of three city residents interested in the TLPB's purpose;

2.1.3.2 Bylaws and procedures. The TLPB shall adopt bylaws and procedures regarding the election and terms of officers, establishment, calling, conducting and recording of a regular schedule of public meetings. The bylaws and procedures shall be incorporated into the procedures manual maintained by the PCD director. The city council may make appropriations for salaries, fees and expenses necessary for conducting the work of the TLPB. The PCD director, at his/her discretion, may authorize expenditures by the TLPB, of less than $10,000.00 when a detailed analysis has been prepared by the TLPB, and funds are available in the city's tree program fund.

2.1.3.3 Functions, powers, and duties. The TLPB is authorized and empowered to undertake such actions as necessary to achieve its purpose, including the following:

Consider and make recommendations on items submitted to them by the PCD director, to the city council pertaining to the aesthetic programs and standards of the city including, but not limited to, the city's tree program (section 4.1.2), and parks and open space initiatives. The TLPB may, as determined by the PCD director, act on its own behalf in implementing related goals and objectives, as well as, consider and make recommendations regarding other matters as submitted by the city council and other city entities that make such requests.

Provide guidance to the PDC director, when requested, regarding tree removal permits involving grand or notable tree or trees.

Establish and implement programs of education, information or research toward advancing its purpose.

Prepare an annual strategic plan focusing on preservation and enhancement of the city's tree canopy, parks and open space, and other related programs. The strategic plan shall be submitted as a recommendation to city council for its approval. At a minimum, the strategic plan shall comply with the minimum standards associated with Tree City, USA membership, and other similar programs.

The TLPB shall review, as needed, the city's LURs for revisions which advance and strengthen its purpose. Such revisions shall require Staff review and be made as recommendations to the planning commission and city council for approval.

Organize and conduct an Arbor Day celebration annually to educate the public on the importance of trees in our community and maintaining and enhancing the city's tree canopy.

Coordinate the city's memorial and notable tree programs by processing new applications, maintaining accurate records, and providing guidance with tree location, planting, and care processes.

In coordination with the city's grants and assistance division and approval by the city council, search and prepare proposals for financial and technical assistance grants and prepare proposals to obtain funds to finance initiatives to advance its purpose. When awarded such grants, it shall be the responsibility of the TLPB to oversee their implementation through coordination with the PCD director.

Establish, with city council approval, an entity to accept and maintain donated or purchased lands which achieve its purpose.

2.1.4 Architectural review board. There is hereby established an architectural review board (ARB) for the purpose of protecting and furthering the public interest and welfare of the city relating to historic and architectural preservation and enhancement, design compatibility and placemaking, and the aesthetic and physical improvement of the public realm for greater community benefit.

2.1.4.1 Composition of ARB members.

The ARB consists of six voting members who are appointed by the mayor with approval by majority vote by city council

Whenever possible, five of the members of the ARB shall be chosen such that the following professions are represented:

• Architecture;

• Building/construction trades;

• Urban panning;

• Landscape architecture; and

• Historic preservation.

One active member of the planning commission representing one of the above stated professions shall be appointed to the architectural review board as a liaison.

2.1.4.2. Appointments and terms of ARB members.

Appointments are for three-year terms.

Terms are staggered such that each year two or three members are appointed.

There is no limit to the number of consecutive terms.

Members serve until their successors are appointed.

Appointments to fill any vacancy are for the remainder of the unexpired term of office.

Membership is at the will of the city council. The mayor may recommend removal of any member at any time for any reason. No member has a legally recognizable interest in the continuation of an appointment.

At the first meeting of each calendar year, the ARB shall, by majority vote of its membership, elect one of its members to serve as chair and one member to serve as vice chair.

2.1.4.3 Meetings, procedures, quorum and voting.

Meeting schedule. The ARB shall establish a regular monthly meeting schedule.

Meetings open to the public. All ARB meetings are open to the public, and the agenda shall be available to the public one week before the meeting by posting on the bulletin board at city hall, and posting on the City of Bradenton's website.

Rules of procedure>

• The chair or in the chair's absence, the vice chair shall preside over the meetings of the ARB.

• The ARB shall operate under Robert's Rules of Order.

• The proceedings are quasi-judicial in nature.

Quorum. A quorum is necessary for the ARB to act upon any matter before it. Three members present shall constitute a quorum.

Decision by the majority vote. All actions of the ARB are by majority vote of a quorum. A roll call vote shall be taken upon the request of any member.

Minutes. The deputy city clerk shall keep minutes of all ARB proceedings, and shall make the minutes part of the public record.

Intervention.

A property owner or group of property owners may intervene as a full party to a hearing upon demonstration to the ARB that their property will be affected in a manner or to a degree that is materially different from the effect on the general population of the city.

ii.

Property owners who seek to intervene as full parties shall notify the PCD director in writing at least three days prior to the hearing. The notice shall provide the following information:

The address of the property owned by the property owner or owners; and

A brief statement regarding why the property owner or owners believe the subject of the hearing will affect them in a manner or degree that is materially different from the effect on the general population of the city.

iii.

The PCD director shall evaluate the request and provide a written recommendation to the ARB with regard to whether the intervenor status should be granted.

iv.

No person shall be heard as a party intervenor in an appeal to the City Council unless the person was granted intervenor status at the proceedings from which the appeal was taken.

2.1.4.4. Reserved.

2.1.4.5 Conflict of interest. No member of the ARB shall vote on any matter that may directly or indirectly affect the prosperity, income, or business of that member. Any member who abstains from voting under this subsection shall not be counted as part of the total membership for voting purposes on that vote.

2.1.4.6 Authority and duties of the ARB. The ARB has the following authority and duties:

Continue the survey and inventory of historically and/or culturally significant sites, structures, and landmarks and plan for their preservation.

Recommend to city council the designation of historic and thematic districts and individual landmarks and landmark sites according to the criteria set forth in section 2.2.13.1.

Advise and assist property owners and other persons and groups including neighborhood organizations who are interested in historic preservation.

Coordinate with and provide advisory assistance to the city's grants coordinator to identify and pursue historic preservation funds from outside sources.

Establish, with city council approval, an entity to accept and maintain donated or purchased lands that have historical significance.

Review and decide certificate of appropriateness applications (see section 2.2.13).

Hear and decide appeals on administrative determinations made by the director of the PCD.

Prepare, or cause to be prepared, context sensitive community design and urban infill redevelopment guidelines for character or thematic districts consistent with the city's comprehensive plan.

Provide technical review assistance, advisory opinion, and compliance review as required on architectural and urban design character and compatibility issues and related matters for planned development project applications that involve any one of the following:

Buildings located outside the Urban Core, or Urban Central Business district, as depicted on the City of Bradenton Future Land Use Map, exceeding 45 feet in height that cannot meet the additional setback required to compensate for the additional height.

ii.

Infill redevelopment in an existing single-family district involving five or more acres where an increase in density/intensity is being proposed, or when the proposed structures will be single family attached, townhouses, multi-family, or mixed-use structures.

iii.

Vacation or encroachment of public lands or rights-of-way; or,

iv.

Public funds or contributions.

2.1.5 Director of planning and community development. When used in these LURs, the PCD director shall mean the director of the department of planning and community development, or designee. The PCD director shall be charged and provided with the authority to administer and enforce these LURs as indicated below. The director of public works and the city clerk are also empowered to administer certain subsections of these LURs.

2.1.5.1 Act upon applications for zoning permits, certificates of use and appropriateness, land alteration permits, and planned redevelopment projects in accordance with the provisions of these LURs. Make recommendations and presentations on land use and other matters to the planning commission, tree and land preservation board, architectural review board, and city council through a staff evaluation and analysis report (SEAR) and other means of professional analysis. pursuant to these LURs, and keep public records of their actions.

2.1.5.2 Make interpretations and decisions as required elsewhere in these LURs.

2.1.5.3 Establish regular public meetings of the planning commission, tree and land preservation board, code enforcement board, and architectural review board, and keep public records of their actions.

2.1.5.4 Establish and maintain a procedures manual for administering these LURs. The PCD director may, without public hearing, affect administrative, non-substantive text changes to these LURs; such changes must include corrections, scrivener's errors, formatting, updates, text clarification, and abbreviations.

(Ord. No. 3035, § 1, 10-10-18; Ord. No. 4050, § 2, 12-18-24)

2.2 - Requirements for permits and approvals.

The following permits and approvals are required for development of any land within the city. Permits may be applied for at the office of the PCD director on forms supplied by that office. Deadlines and information required with applications shall be set forth in a procedures manual maintained by the PCD director. The PCD director may request additional information, including a survey, if such information is necessary for the processing of the application. Incomplete applications shall not be scheduled for review until all required information is submitted in a timely manner by the applicant. Site plans and drawings required as part of this section must be folded to an 8½" × 11" format, or a folding charge of $1.00 per sheet will be applied. Schedule 2.3 summarizes approvals that are required for various types of applications. Filing fees are set forth in appendix A.

2.2.1 Zoning permit. A zoning permit must be issued by the PCD director before the construction or alteration of any structure, including temporary structures and accessory structures, such as signs, fences and parking areas, except for recurring maintenance, regardless of cost (See Subsection 4.1.1). A zoning permit application will not be processed until all other approvals and reviews have been completed as required under the provisions of these LURs. The placement of newsracks/modular newsracks shall not require a zoning permit but those placed in public right-of-way shall comply with subsection 4.3.7. If land alteration is proposed pursuant to chapter 4.0, the zoning permit will cover such alterations provided all information required by section 2.2, as applicable is included in the zoning permit application.

Docks and piers not meeting the criteria in subsection 5.1.2.14 shall require special use approval prior to the processing of a zoning permit. Owners of waterfront property without riparian rights may apply for a special use permit for a dock on public waterfront provided there is no private property intervening between the proposed dock location and the applicant's property.

2.2.1.1 Required information. The application form must be accompanied by a scaled drawing showing the property lines, adjacent streets, address or legal description, and existing and proposed structures, including the outside dimensions of the structures and their distances from the property lines. The application must state the proposed use of the structure. Also required is the filing fee per appendix A. Additional information may be required, including the following:

If the application involves land alteration such as clearing of vegetation, excavation or filling, or the installation of water, sewer or stormwater facilities, the information required for a site improvement permit under subsection 2.2.3 shall be included in the zoning permit application.

If the application involves the erection or expansion of a structure or otherwise has an impact on roadways, sewer and water, public drainage, schools, or recreation facilities, projections of such impacts must be submitted with the application (see subsection 4.1.1.5).

If the application involves land in a special flood hazard area (see subsection 3.4.3) as indicated on the flood insurance rate map, the elevation in relation to mean sea level of the lowest floor or bottom of the lowest supporting structure as determined by the building official, of all structures proposed is required, as well as other information sufficient for adequate review of the application per subsection 3.4.3.

If the application involves a historic structure or property in a historic district (see subsections 2.2.13 and 3.4.2), detailed information on alteration to existing buildings and construction of new buildings will be required for review per the requirements of subsection 3.4.2.

If permits from other governmental agencies are required, information regarding those may be required with the application.

A traffic study, CIR, or other detailed report on environmental resources, compatibility, or other analyses may be required at the discretion of the PCD director.

2.2.1.2 Issuance of permit. The PCD director shall issue a zoning permit if the proposed construction:

Meets the requirements of all applicable sections of these LURs, and

Has been approved by other governmental agencies or other city departments as determined necessary by the PCD director, and

Is consistent with the approved final planned development project site plan if the application involves a planned development project (see subsection 3.4.1).

2.2.1.3 Denial of permit. Reasons for denial of a zoning permit application must be stated by the PCD director with specific reference to the applicable provisions of these LURs.

2.2.2 Certificate of use.

2.2.2.1 A certificate of use must be issued by the PCD director before a newly erected or altered structure, including parking areas, is occupied or used. The PCD director shall issue a certificate of use when work is substantially complete and in accordance with the approved plans and with the provisions of these LURs.

2.2.2.2 A certificate of use is required prior to the occupancy or use of a structure when the type of use is changed or the structure has been vacant for a period of one year or longer, even though no structure was erected or altered. A change from one use category to another as listed on schedule 3.2.1.1 or schedule 3.2.1.2 shall constitute a change of use. A site plan showing parking or other features may be required by the PCD director if necessary to determine compliance with such ordinances. If the change of use will have a substantial impact upon roadways, sewer and water facilities, drainage or recreation facilities, the PCD director may request projections of these impacts with the application and shall make a finding regarding concurrency per subsection 4.1.1.5.

2.2.3 Site improvement permit. A site improvement permit shall be obtained prior to undertaking any of the activities listed below. Application shall be made on forms or electronic media provided by the PCD director and shall be accompanied by the fee as per appendix A. The PCD director and the director of public works, as applicable, shall review and act upon site improvement permit applications in accordance with section 4.1. Site improvement permits for the construction of public improvements required by city council on a subdivision or planned development project may be issued prior to the approval of the final plat or site plan, provided construction plans have been approved pursuant to subsection 2.2.10.2.c).

2.2.3.1 Tree protection.

Applicability. A protected tree is defined for the purposes of these LURs as a woody, self-supporting plant, having a mainstem or a cluster of mainstems and having a diameter at breast height (four and one-half feet above ground) of four inches; a tree is further defined as a plant which at maturity grows to at least 15 feet high in the Manatee County area. Also specifically included are the following regardless of size:

• Rhizophora mangle (Red mangrove)

• Laguncularia racemosa (White mangrove)

• Avicennia germinans (Black mangrove)

• Conocarpus erecta (Buttonwood)

• Group of four or more trees which may have trunk diameters of less than four inches but which constitute a compact unit or grove covering 50 square feet or more in area.

The trees listed below are exempt from Tree Removal Permit requirements unless they are part of an approved landscape/PDP Plan, and are either prohibited from planting or not creditable toward tree replacement or landscaping requirements:

Invasive species prohibited trees (F.S.)

• Casuarina equisetifolia (Australian pine)

• Casuarina glauca (Brazilian beefwood)

• Melaleuca quinquenervia (Australian paperbark)

• Mimosa pigra (Catclaw mimosa)

• Schinus terebinthifolius (Brazilian pepper)

• Albizia julibrissin (Mimosa)

• Albizia lebbeck (Woman's tongue)

• Broussonetia-papyrifera (Paper mulberry)

• Cinnamomum camphora (Camphor)

• Cupaniopsis-anacardioides (Carrotwood)

• Dalbergia sissoo (Indian Rosewood)

• Enterolobium cyclocarpum (Elephant's ear)

• Ficus (all)

• Leucaena leucocephala (Lead tree)

• Melia azedarach (Chinaberry)

• Sapium sebiferum (Chinese Tallow)

• Scefflera actinophylla (Schefflera)

Other trees

• Fruit trees, including, but not limited to, citrus (all) mango, avocado

• Palms, except Sabal palms, or groupings of four or more silver, paurotis, key thatch, and Florida thatch palms; in some cases, the PCD director may give credit on a case by case basis.

• Trees destroyed or harmed by hurricane or tornado, however, the PCD director must be notified at least two days in advance of the removal so that an inspection can be made. If the PCD director determines that the tree is not severely harmed, the tree shall not be removed except through the approval of a permit application. If the PCD director does not respond within two working days of the request, the request shall be considered approved.

Trees that threaten public safety may be removed without a permit if the threat is imminent. A tree removal permit is required after the fact.

Dead trees are not exempt from permit requirements and must be inspected prior to removal and replaced in accordance with these land use regulations.

Tree trimming which threatens the life of the tree or deforms the natural canopy is prohibited. No more than one-third of a tree's crown or foliage area shall be removed during the life of the tree. Intrusive attachments or impacts to protected trees such as nails, screws, or drilling are prohibited except for trees located in rear yards of single-family residences.

Information required. The application shall indicate the type and diameter at breast height (dbh) of the tree or trees proposed for removal, if known, and the reason for removal. Trees to be removed for land development shall be shown on the site plan submitted with the zoning permit application, and the tree removal application shall be part of the zoning permit application. A tree survey showing the location, type and size of all trees as defined in subsection 2.2.3.1.a.) above, may be required by the PCD director.

Issuance of permit. A tree removal permit shall be issued or denied on the basis of subsection 4.1.2.2, and other applicable provisions of these LURs.

2.2.3.2 Tree removal permit. See subsection 2.2.3.1. Tree removal or relocation permit applications shall be governed by the following criteria:

The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services. For each condition, the PCD director may require the applicant to provide supporting documentation for review from the county extension office, city building and inspections division, and public utility.

The necessity to remove trees in order to construct proposed or approved improvements to allow economic enjoyment of the property, when alternative designs to avoid removal of protected trees cannot be utilized.

Topography of the land and the effect of tree removal on erosion, soil retention and diversion or increased flow of surface waters. The PCD director may require coordination with the director of public works regarding drainage plans and recommendations on drainage patterns.

The number of trees existing in the neighborhood on improved property. Review shall be guided by the standards established in the neighboring areas and the effect of tree removal upon property values in the area.

In all cases, relocation or replacement shall be in accordance with schedule 2.2.3.2 for species size and number of replacements required for each tree removal, unless otherwise approved or required by the city. In no case shall the approved replacement be less than one for one with the replacement trees being those which have a two-inch trunk diameter four and one-half feet above the ground and a minimum canopy spread of six feet.

An applicant may have the option to pay cash in lieu of tree preservation, when tree preservation is not possible, or the greater benefit to the city would occur otherwise. This program allows the applicant to have replacement trees planted at locations targeted by the PCD director, for future tree population renourishment. The PCD director may specify the size and species of the replacement plants not to exceed the minimum size requirements as stated in Subsection 2.2.3.2.e. A charge of $200.00 per required tree will be assessed to the applicant.

Any tree removed without a tree removal permit shall subject the violator to a fine and replacement according to schedule 2.2.3.2 below. All collected fines shall be deposited into the city's tree program fund.

SCHEDULE 2.2.3.2. TREE REPLACEMENT REQUIREMENTS
PROTECTED SPECIES TO BE REMOVED	DIAMETER	ACCEPTABLE REPLACEMENT SPECIES	REPLACEMENT RATIO REPLACE/REMOVED	REPLACEMENT TREE (MIN. DIAM.)
Live/Laurel Oak	4"—7.99"	Live Oak	2:1	2"
Significant Live/Laurel Oak	8"—30"	Live Oak	4:1	2"
Grand Tree	30.01" and larger	Live/Laurel Oak or similar Native [Species]	10:1	2"
Significant Stands Live/Laurel Oaks	See definition	Live Oak or similar Native Species	Per PCD director approval
All other significant trees	8"—30"	Native Species	2:1	2"
All other non-significant trees	4"—8"	Native Species	1:1	2"
SINGLE-FAMILY LOTS—Where it can be determined by the PCD director that planting of replacement trees would hinder the growth of remaining trees or where three or more significant trees are to remain on the property following the removal of the applicant tree, the replacement requirement may be waived or reduced.
REMOVING PROTECTED TREES WITHOUT A TREE REMOVAL PERMIT MAY RESULT IN FINES OF UP TO $5,000.00
SIGNIFICANT STAND OF OAK TREES—Any stand of live oak trees whose trunk diameters may be less than four inches encompassing a compact stand or grove covering 50 or more square feet.

Construction barricades. All trees subject to a tree removal permit (see section 2.2.3.1.a) shall be protected by an approved barrier placed so as to prevent damage to the tree from construction related activities and excavation. The following activities are specifically prohibited within the barricaded area: Vehicular and pedestrian traffic; storage of construction materials; placement of excavated materials; and any activities that may disturb the root system within the barricaded area.

Barricade construction. The barricade shall be a wooden or chain link fence placed at the dripline of the tree unless a smaller area is determined acceptable by the PCD director.

ii.

Barricade placement. Barricades shall be placed prior to any land alteration and shall be removed only after the certificate of use for the project is issued or administrative approval is granted.

2.2.3.3 Site improvements. Construction plans showing all proposed land alterations shall be submitted to the PCD director with the site improvement permit application. The PCD director may require certification by a registered professional engineer that site improvements have been made in accordance with permits issued pursuant to this section. The following activities shall require a site improvement permit.

Massive clearing of vegetation, including clearing and grubbing of land in preparation for development, but not including mowing and cutting of brush for maintenance (see subsection 4.1.2).

Excavating or filling, defined as the removal or placement of more than 100 cubic yards of earth or the alteration of the elevation of more than 1,250 square feet of land area more than two feet. The application shall be accompanied by a site plan, drawn to scale, showing the location and area to be affected and by drawings showing cross-section of areas proposed for filling or excavation. Additional information, such as elevation and drainage data and tree survey, may be required by the PCD director if necessary to adequately predict the consequences of the proposal (see subsection 4.1.2).

Construction of street, driveway, access road, or parking area. The application shall be accompanied by a site plan, drawn to scale, showing compliance with subsection 4.1.2 as applicable and showing the following details: all pertinent dimensions, including width and length of parking spaces and aisles, location of any structures existing or currently proposed on the site, property lines, adjacent street names, landscaping materials including their types and sizes, and drainage information as required (see subsection 4.1.5, for additional drainage requirements). Parking areas shall require review and approval by the director of public works for drainage and traffic flow and those over 4,000 square feet in size shall require a drainage plan for review and approval of the director of public works and the Southwest Florida Water Management District. Any land clearing, tree removal, excavation or other land alteration shall also be indicated on the application and shall conform to the appropriate sections of these LURs, including subsections 4.1.2, and 4.1.5.

Utilities, including water and sewer lines, lift stations, and drainage facilities (see subsections 4.1.2 and 4.1.5, as applicable.)

2.2.4 Special use permit.

2.2.4.1 Types of special uses.

New permit. A special use permit is required for certain land uses as pursuant to residential schedule 3.2.1.1, or nonresidential schedule 3.2.1.2.

Expansion. A special use expansion permit is required pursuant to the following thresholds:

The expansion is equal to 20 percent or more of the approved use, structure or land area; or

ii.

The expansion exceeds the limits or conditions as set forth in the original special use permit approval; or

iii.

The expansion is the addition of an accessory use.

2.2.4.2 Application. Applications shall be made on forms or electronic media in a PDF format provided by the department of planning and community development, accompanied by all other information sufficient for review per the requirements of section 3.3, including 40 submission packets containing at a minimum, site plan(s) drawn to scale showing existing and proposed structures, parking, on-site traffic flow, signage, existing landscaping and proposed landscaped buffers, a community impact report, and other information as required by the PCD director, and including the fees as set forth in appendix A. Any application for construction, a zoning permit, or certificate of use shall be pending until action on the special use permit application is complete. A traffic study may be required at the discretion of the PCD director.

2.2.4.3 Public notice. Provided pursuant to subsection 2.3.1.

2.2.4.4 Review of application. The special use permit application packet shall be reviewed by the PCD staff and planning commission using the criteria in section 3.3. The planning commission shall hold a public hearing on the application and shall recommend to the city council pursuant to schedule 2.3 to approve, approve with stipulations, or to deny the application with specific reference to the criteria in section 3.3. Latent changes to an application made by the applicant whereby insufficient review time has been allowed for staff, board, or city council, as determined by the PCD director, may require a delay in the processing of the application, and shall result in additional review and public notice costs at the applicant's expense.

2.2.4.5 Final decision. After receiving the planning commission's recommendation, the city council shall approve, approve with stipulations, or deny the application with specific reference to the criteria in section 3.3.

2.2.4.6 Compliance. The application and accompanying material, as well as any stipulations made as conditions of approval shall be enforced by the PCD director and shall be conditions of zoning permit approval and issuance of a certificate of use.

2.2.4.7 Final plan. A final plan may be required as a stipulation of approval, or by the PCD director for the purpose of reflecting for the record the changes made to the plan during the approval process.

2.2.4.8 [Expiration.] A special use will expire in one year if not initiated or if abandoned.

2.2.5 Land use atlas amendment. The city may amend the land use atlas by the enactment of an ordinance.

2.2.5.1 Eligibility. An amendment to the land use atlas may be requested by a property owner or owners, the PCD director, planning commission, or the city council. For each lot of record included in the request, at least 51 percent of all property owners must sign the application for a land use atlas amendment. In addition, when more than one lot of record is included in the same application, at least 51 percent of the total area, based upon the 51-percent ownership rule above, must be part of the petition for requesting the land use atlas amendment. Whenever a land use atlas amendment application has been denied by action of the city council, no reapplication which is substantially similar to or equivalent to that application previously denied for the same property shall be filed with the city, unless a period of six months has elapsed from the date of the denial of that application and the subsequent refiling.

2.2.5.2 Application. Application, on forms or electronic media in a PDF format, shall be made to the PCD director and shall be accompanied by the following material and information:

Completed application form;

Application fee (see appendix a);

Legal description(s) of the subject property, including street addresses;

Conceptual plans of proposed development, if applicable;

Zoning disclosure affidavit.

Other information as required by the PCD director.

2.2.5.3 [Public notice.] Public notice shall be given as per Section 2.3.

2.2.5.4 Review and approval.

Planning commission recommendation. The planning commission shall review the proposed land use atlas amendment using the criteria in subsection 3.1.5, shall hold a public hearing after due public notice per section 2.3, and shall make a written recommendation to the city council. The recommendation shall be approval of the requested land use atlas amendment, approval of an amendment to a land use atlas designation deemed more appropriate than the one applied for, or denial. The recommendation may also include a reduction in the boundaries of the proposed land use atlas amendment area.

City council action. The city council shall hold a public hearing on the proposed ordinance for a land use atlas amendment, and the planning commission recommendation shall be read into the record. The city council action shall be to approve the amendment to the land use atlas as proposed by the applicant, approve an amendment to another land use atlas designation deemed more appropriate than the one applied for, or denial.

2.2.5.5 Amendment of Land Use Atlas. When authorized, the PCD director shall amend the land use atlas to reflect any amendment approved by action of city council.

2.2.6 Annexation petition. Annexation is the incorporation of land into an existing community with a resulting change in the boundary of that community.

2.2.6.1 Eligibility.

Initiation by municipality. Property may be annexed by the municipality through the procedure in F.S. § 171.043, or other applicable state law. Contraction of city boundaries or de-annexation may be initiated by the municipality through the procedure in F.S. § 171.051.

Voluntary annexation. The owner or owners of real property in an unincorporated area of a county may petition the city council for the property to be annexed into the city through procedures set forth in F.S. § 171.044.

2.2.6.2 [Application.] Application shall be made on forms or electronic media in a PDF format supplied by the PCD director and accompanied by a legal description of the applicant property, a petition to the city council signed by all of the property owners in the area proposed for annexation, a conceptual plan of any development proposed on the property and other information as may be required by the PCD director. Fee shall be as per appendix A.

2.2.6.3 [Public notice.] Public notice shall be given as outlined in section 2.3.

2.2.6.4 Review and action.

City council. The city council shall hold a public hearing on the proposed annexation and if the council decides to annex, the annexation shall be approved by the adoption of an ordinance meeting the requirements of F.S. § 171.044. If annexation is approved, city council shall instruct the applicant to initiate the process for an amendment to the comprehensive plan using the procedures in subsection 2.2.16.

Comprehensive plan and/or land use atlas amendment(s). If the city council annexes the applicant property, the applicant shall concurrently apply for comprehensive plan and land use atlas amendments per subsection 2.2.16 and 2.2.5 respectively. These actions will incorporate the property into the future land use element and designate the property on the future land use map. The planning commission shall recommend to city council a land use atlas designation for the property.

Upon amendment of the comprehensive plan incorporating the annexed property, city council shall concurrently designate a land use of the property per subsection 2.2.5.

2.2.6.5 Amendment of municipal boundary and land use atlas. Upon passage of an annexation ordinance and comprehensive plan amendment, the PCD director shall amend official maps designating the municipal boundary and shall amend the land use atlas to show the land use atlas designation of the annexed property.

2.2.6.6 Ordinance recording. The city administrator or designee shall file the adopted municipal boundary ordinance with the clerk of the circuit court and with the department of community affairs.

2.2.7 Vacation of public rights-of-way or public easements. The city council may, upon its own motion or upon a recommendation by planning commission, order the vacation of streets, easements, or other parcels of land dedicated for public purpose.

2.2.7.1 Application. Owners of property adjacent to right-of-way or owners of property with public easements may request their vacation by applying on forms or electronic media in a PDF format provided by the PCD director and submitting the fee as required by appendix A. The PCD director may request additional information including a legal description of the property as necessary to process the application.

2.2.7.2 [Public notice.] Public notice shall be made as required by section 2.3. A legal description of the applicant property shall be on file with the PCD director. City council approval shall be required for the vacation of an easement. For the vacation of a right-of-way or other dedicated property, a public hearing before the planning commission and recommendation from that body are also required as well as a public hearing before city council.

2.2.7.3 Review of application. The PCD director shall report to the planning commission and director of public works all known non-city uses of such easement, right-of-way or property. The planning commission shall evaluate any request for vacation of right-of-way or other dedicated property to determine whether vacation would be detrimental to the public health, safety, welfare or convenience. Information presented at the public hearing regarding use of the property for access to other properties or other public purpose shall be considered by the planning commission in making its recommendation. In cases where the right-of-way is used only for utilities, the planning commission may recommend the vacation provided that an easement is provided for such utilities. The recommendation shall be given to city council in writing. City council shall review a request for public easement vacation to determine whether the requested vacation would be detrimental to public health, safety, welfare or convenience.

2.2.7.4 Approval/denial.

Easement. City council may approve the vacation of an easement only with a favorable recommendation from the director of public works. Such approval may be conditioned upon the relocation at the applicant's expense of the easement and the utilities therein if so recommended.

Right-of-way or other dedicated parcel. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the request. The city council shall make its determination, in light of the recommendation, their review (see subsection 2.2.7.3 above), and public comments, whether the vacation is in the public interest. If a positive determination is made, city council may pass a resolution vacating the requested property.

2.2.7.5 Public recording. The city administrator or designee shall correct the records of the clerk of the circuit court as necessary to revert the easement or right-of-way to the appropriate owner(s). In the case of right-of-way, the vacation customarily reverts the right-of-way to all adjacent property owners in equal portions.

2.2.8 Variance. A variance is permission granted by the planning commission to depart from a dimensional requirement of these LURs. Variances are allowed to relieve a property owner who, because of property characteristics beyond his or her control, is unable to meet a dimensional requirement of these LURs. Waivers granted by the PCD director as allowed in various sections of these LURs are exempt from this subsection.

2.2.8.1 Eligibility. A property owner who finds that a characteristic of his or her land or buildings makes it impossible or difficult to meet a dimensional requirement of these LURs may apply for a dimensional variance if:

The application meets all of the following criteria:

The need for the dimensional variance was not created by the applicant's or previous owner's action, such as improper lot division, in violation of these LURs or previously effective land use regulations

ii.

Strict application of the provisions of these LURs would deprive the applicant of a reasonable use of his property, cause him unnecessary hardship, or deprive him or her of rights commonly enjoyed by other property owners in the same land use atlas district, and

iii.

The granting of the dimensional variance would not confer on the applicant any special privilege denied to other property owners in the same land use atlas district; and

iv.

The application is for a dimensional variance and would not authorize a use otherwise prohibited by these LURs, and

The dimensional variance is the minimum variance that will allow reasonable use of the property.

The application does not meet all of the criteria in subsection 2.2.8.1.a. above, but environmentally-sensitive areas or trees as defined in Subsection 2.2.3.1 of these LURs will be saved by the granting of the variance.

2.2.8.2 Application. An eligible applicant may file a variance application on forms or electronic media in a PDF format provided by the PCD director, along with the fee as set forth in appendix A, the information required for a zoning permit (subsection 2.2.1) and other information as required by the PCD director. The applicant shall also submit a letter stating what variance is being requested and specifically identifying the characteristics of the property that necessitates the granting of a variance from the requirements of these LURs.

2.2.8.3 Public notice. Public notice shall be given as required in subsection 2.3.1.

2.2.8.4 Review and action. The planning commission shall hold a public hearing on the application. If the eligibility criteria above are met, the planning commission may grant the variance as requested or a modification if more appropriate. Latent changes to an application made by the applicant whereby insufficient review has been allowed for staff, board, or city council, as determined by the PCD director, may require a delay in the processing of the application, and shall result in additional review and public notice costs at the applicant's expense. If the application is for a variance of a flood requirement (subsection 3.4.3.2) must be complied with. In granting a variance, the planning commission may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. A variance is granted to the property and not to the applicant.

2.2.8.5 Recording of variance. All approved variances, including any attached conditions or restrictions, shall be recorded with the clerk of the circuit court at the applicant's expense. Note that records of waivers of off-street parking and landscaping requirements of these LURs shall be kept by the PCD director and shall not be recorded. The PCD director may require a plan for the record reflecting clearly the waiver as granted.

2.2.9 Administrative variance. An administrative dimensional variance may be allowed for development of a single-family house on certain lots of record, unless the PCD director defers such action to the planning commission. Administrative variances cannot be granted for any dimensional relief other than lot square footage, lot width at the building line, and street frontage, and is only applicable to existing lots of record.

2.2.9.1 Eligibility. A property owner who finds that the dimensions of his or her lot of record makes it impossible or difficult to meet the requirement of these LURs, relating to lot width at the building line, lot square footage, or street frontage may apply for an administrative variance if:

The application meets all of the following criteria:

ii.

Strict application would prohibit the construction of a single-family residence on the lot of record, and

iii.

The granting of the dimensional variance would not confer on the applicant any special privilege denied to other property owners in the same land use atlas district; and

iv.

The application is for a dimensional variance for lot size, width and street frontage, and

The dimensional variance is the minimum variance that will allow reasonable use of the property.

2.2.9.2 Application. An eligible applicant may file a variance application on forms or electronic media in a PDF format provided by the PCD director, along with the fee as set forth in appendix A, the information required for a zoning permit (subsection 2.2.1) and other information as required by the PCD director. The applicant shall also submit a letter stating what variance is being requested and specifically identifying the characteristics of the property that necessitates the granting of a variance from the requirements of these LURs.

2.2.9.3 Review and action. The PCD director shall review the application. If the eligibility criteria above are met, the PCD director may grant the variance as requested.

2.2.9.4 Recording of variance. All approved variances, including any attached conditions or restrictions, shall be recorded with the clerk of the circuit court at the applicant's expense.

2.2.10 Alcoholic beverage sale approval. Administrative approval is allowable for all complete alcoholic beverage state license applications, except events proposed to be held on public property or requiring public services. The PCD director may require city council approval of certain alcoholic beverage license applications to protect the public interest. Certain uses associated with alcoholic beverage licensing may require discretionary review pursuant to schedule 3.2.1.2. and shall comply with subsection 2.2.9.

2.2.10.1 Application. The application (paper or electronic media in a PDF format) must indicate the type of state license the business is to operate under, and be accompanied by a site plan showing all churches, day care facilities and schools within a 1,000-foot radius of the subject property boundary, as well as other information that may be required by the PCD director to sufficiently review the application per subsection 4.3.1. The application fee is set forth in appendix A.

2.2.10.2 Public notice. When required, public notice shall be given as per subsection 2.3.1.

2.2.10.3 Review and approval. The application shall be reviewed using the criteria in subsection 4.3 pursuant to schedule 2.3. Upon the granting of approval by city council, or if administrative approval is authorized, the PCD director shall sign the state alcoholic beverage vending license application.

2.2.11 Subdivision plat approval.

2.2.11.1 Requirement. The recording of a final subdivision plat (final plat) approved as set forth in these LURs is required prior to the subdivision of property. For the purposes of these LURs, "subdivision" is defined as: the division of a parcel of land into three or more lots or parcels of land less than five acres each, for the purpose, whether immediate or future, of transfer of ownership; or any division of land regardless of the size of parcels if the establishment of a new street is involved.

A resubdivision shall be required if a proposed change to an approved or recorded final plat affects any street layout or any lot or lot line so as to increase residential density by three or more lots or parcels or involves the establishment of a new street or a change in any street line or easement. In any case the density created by the resubdivision cannot exceed the density allowed by the future land use map (FLUM) designation.

2.2.11.2 Application.

Pre-application meeting. Prior to the preparation of a preliminary subdivision plat (preliminary plat), the developer of a subdivision shall meet with the development review committee (DRC) to discuss the concept of the proposed subdivision and the requirements of these LURs. The developer shall provide a conceptual plan showing the tract of land, its relationship to the surrounding properties and general development scheme. The pre-application meeting and informal review is designed to prevent costly and avoidable revisions in the layout.

Preliminary plat submission. The application for preliminary approval shall include a completed application form, the fee set forth in appendix A and the preliminary plat showing information as required by subsection 2.2.10.4. The required number of copies of the plat, additional information required for review, and deadlines for submission are set forth in the procedures manual, maintained by the PCD director. The requirement for a preliminary plat is waived for a subdivision of five lots or less and no new streets. Projections of impacts of the subdivision upon roadways, sewer and water, public drainage, schools, and recreation facilities shall be submitted with the preliminary plat for the purpose of concurrency review. (See subsection 4.1.1.5 for concurrency requirements.)

Site improvement plans. Site improvement plans with information as required by the director of public works for any public improvements, including all roadways and utility lines proposed for public dedication, shall be submitted to the PCD director following the approval of the preliminary plat. The applicant shall include an estimate of the cost of public improvements, and a statement as to whether such improvements are to be constructed prior to final plat submission, or are to be bonded as allowed by subsection 2.2.10.4.b.i.b. below. The city administrator or designee and PCD director shall review the site improvement plans for consistency with the approved preliminary plat and if there is not significant inconsistency, shall forward the plans to the director of public works.

The director of public works shall review the site improvement plans in relation to applicable standards established by the director of public works, and shall approve such plans if the standards are met. If the applicant has submitted an estimate of the cost of public improvements, the director of public works shall review the estimate and evaluate the accuracy. Following the approval of the construction plans, the director of public works shall inform the city administrator or designee and PCD director of his determination of the estimated cost of public improvements in writing.

Final plat submission. Following the approval of the site improvement plans, the final plat and a paper or electronic application may be submitted. In addition, a reproducible plan showing all lot lines, easements, and rights-of-way, shall be submitted in a digital .dwg format. However, the final plat shall not be accepted for review if the reservation of capacity has expired (see subsection 2.2.10.4.a.iv below). The number of copies of the final plat, application information required for review, and deadlines for submission are set forth in the procedures manual maintained by the PCD director. Also required are a completed application form, the fee set forth in appendix A and the final plat showing information as required in F.S. chapter 177.

2.2.11.3 Public notice. Public notice shall be given as per subsection 2.3.1 for the preliminary plat hearing of the planning commission. No public notice beyond the publishing of the agenda is required for the city council action on the preliminary plat or for the final plat review and approval.

2.2.11.4 Review and approval.

Preliminary plat.

The preliminary plat shall be reviewed by the planning commission per the requirements of section 4.2. The planning commission shall hold a public hearing on the application and shall recommend to the city council to approve, approve with stipulations, or deny with specific reference to the criteria in section 4.2 and the concurrency requirements of subsection 4.1.1.5. The application, with written recommendation, shall be forwarded to city council.

ii.

The city council, after receiving the planning commission's recommendation, shall approve, approve with stipulations, or deny the application with specific reference to provisions of section 4.2 or subsection 4.1.1.5 in the case of denial. The preliminary plat shall not be approved unless services as required by subsection 4.1.1.5 are available or will be available at the time the certificate of use is issued.

iii.

The approval of a preliminary plat constitutes a finding of concurrency compliance (see subsection 4.1.1.5) and a reservation of capacity for roadways, sewer and water, public drainage and recreation facilities, subject to the stipulations placed on the approval.

iv.

Approval of the preliminary plat shall be valid for two years. An extension of time may be applied for by the developer by submitting a letter of request to the city council through the PCD director and the fee set forth in appendix A. Reservation of capacity for public facilities (see subsection 2.2.10.4.a.iIi. above) may be extended, or city council may choose to extend the approval of the preliminary plat but not to extend the reservation of capacity in public facilities if there is demand for the capacity by other developments. City council may set a separate date for reconsideration of the reservation of capacity or may reconsider at the time of the next request or extension of the subdivision's preliminary approval. The final plat shall not be accepted until the reservation of capacity is renewed.

Final plat requirements.

Prior to forwarding the final plat to city council for approval, a certification of one of the following must be obtained from public works.

All required public improvements have been completed to the satisfaction of the director of public works and are accepted by the city.

A bond or letter of credit deemed sufficient by the city administrator or designee and the director of public works has been posted.

ii.

Surveyors certificate of approval certifying that the final plat has been reviewed for conformity with the requirements of F.S. chapter 177, these LURs and the subdivision ordinance of the city.

iii.

If the final plat is substantially in accord with the approved preliminary plat, fulfills all attached conditions and stipulations, and the applicant has furnished proof that the taxes are paid to date as required by F.S. § 197.192, and is complete and contains all of the required certifications, the city council shall approve the plat, and the mayor shall indicate such approval on the final plat by signing the certification of approval for recording. Approval of the final plat shall reserve capacity of public facilities for a period of two years except that reservation for single-family subdivisions shall have no expiration date. At the end of the two years, the reservation shall expire for all lots which have not received building permits for structures (see subsection 4.1.1.5).

iv.

If the final plat is disapproved, the grounds for disapproval shall be stated in the record of the city council and in writing to the applicant.

2.2.11.5 Recording. When all certifications have been made by the city, the city administrator or designee shall record the final plat with the clerk of the circuit court as an official plat of record. A second reproducible and fully certified copy shall be filed with the PCD director for permanent record.

2.2.11.6 Reversion of subdivision. The city council may, upon its own motion or recommendation by the planning commission, order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction. This includes the vacation of streets and/or other parcels of land as permitted in subsection 2.2.7. An application for reversion may be made by the owner of a subdivision by submitting a letter of request to the PCD director and submission of a fee as required by appendix A. Reversion may be made by city council resolution following a public hearing and the receipt of a recommendation from planning commission based upon a public hearing before that body. Public notice shall be given in accordance with subsection 2.3.1.1. If reversion is made by city council, the city administrator or designee shall correct the records of the clerk of the circuit court accordingly.

2.2.11.7 Subdivision plat requirements. The preliminary plat shall provide at least the following data and information:

The preliminary plat shall be drawn at a scale of 200 feet to one inch or larger and shall show the following:

Name of subdivision;

ii.

Names and addresses of the owners, contractor, planner, architect, engineer or surveyor and the owners of adjacent property;

iii.

Date, approximate north point and graphic scale;

iv.

Legal description and acreage of land within the project;

Contours at an interval of not greater than five feet or at a lesser interval if deemed necessary by the planning commission;

vi.

Boundary lines of the project and their bearings and distances;

vii.

Existing and proposed easements and their locations, widths, bearings and distances;

viii.

Streets and waterways on and adjacent to the project and their names, widths, bearings and other dimensions as may be required;

ix.

Utilities on and adjacent to the project showing proposed dimensions and connections to existing utility systems;

Access roads and their relationship to existing and proposed streets, alleys and other public ways;

xi.

Sites, and the acreages, if any, to be reserved for parks, playgrounds, schools or public uses;

xii.

Lot lines, lot numbers, and blocks;

xiii.

The following supplementary material shall accompany the preliminary plat:

General location and vicinity map;

Whenever part of a tract is proposed as an immediate project and additional parts of the tract are intended to be proposed as projects in the future, a sketch plan for the entire tract shall be submitted at the same time the Preliminary Plat for the first part of the tract is submitted;

Proposed method of assuring the perpetual ownership and maintenance of areas within the project that are to be used for open space, recreational or other common or public purposes, including a detailed statement of such assurance, including covenants, agreements or other specific documents as required;

Copies of proposed restrictions or protective covenants, if any.

The final plat shall conform substantially to F.S. chapter 177. Also required is an electronic copy of the subdivision (.dwg format) at a scale of 1" = 100' showing all lot lines, easements and rights-of-way.

2.2.12 Certificate of level of service. This section is intended to ensure that development is consistent with the level of service standards for public facilities which are contained in the comprehensive plan and to prevent the issuance of development approvals which result in a reduction in the level of service below the level required by the comprehensive plan.

2.2.12.1 Applicability. Development shall not commence without a certificate of level of service compliance (certificate). All development shall obtain a certificate. If proposed development qualifies as a special exception to the comprehensive plan, the certificate will be issued indicating the exception.

2.2.12.2 Required certification. The following development orders, approvals, or requests shall not be issued unless the applicant has obtained a certificate of level of service compliance:

Approval to commence development.

Construction drawing approval.

Final site plan.

Final subdivision plat.

Administrative permit with a final site plan.

Earthmoving permit, minor or major.

Off-street parking plan.

Building permits for the following:

More than 1,000 square feet of non-residential floor area as either a whole building or an addition.

ii.

Dwelling unit as a whole unit but not an addition to a unit.

iii.

Other use that would increase parking spaces, traffic generation, potable water use, wastewater generation, or solid waste generation beyond that of a dwelling unit or an office with 1,000 square feet of floor area.

iv.

Required improvements to a site such as installation of drainage, water, sewer or roadway improvements.

Request for public water or wastewater service.

Construction approval for required improvements (except as performed by the City of Bradenton) to a site, such as the installation of drainage, water, sewer, parking or roadway improvements.

2.2.12.3 Optional certification. An applicant may apply for and receive a certificate concurrently with the approval of the following development orders or approvals:

Development of regional impact.

Preliminary site plan.

Preliminary subdivision plat.

Special permit with a preliminary site plan.

The optional certification provided in this section shall not be available for the wastewater and potable water components of concurrency. The sole means of obtaining the potable water component of concurrency shall be through section 2.2.11. In the event an applicant does not apply for and receive a certificate concurrently with any of the forgoing development orders and approvals, such development orders and approvals shall not grant any rights or entitlements to a certificate, shall not exempt the proposed development from eventual requirements for a certificate, and shall not grant any rights to commence development without a certificate.

2.2.12.4 Prohibited certificate. An applicant may not apply for or receive a certificate concurrently with the approval of the following development orders, actions or approvals:

Administrative appeal.

Adult entertainment permit.

Comprehensive plan future land use map amendment.

Floodplain management permit.

General development plan.

Private street approval.

Tree removal permit.

Variance.

Verification or determination of compliance with land development regulations or the comprehensive plan.

Zoning atlas amendment, zoning change, rezoning, zoning permit, or zoning action of any kind.

An applicant who has obtained any of the foregoing development orders or approvals shall not receive any rights or entitlements to a certificate, or an exemption from the requirements for a certificate, and may not commence development until the applicant has obtained a certificate in connection with a development order or approval pursuant to section 2.2.11.2 or 2.2.11.3.

2.2.12.5 Special permits, rezonings and site plan approvals.

No certificate required, public facilities considered. A certificate shall not be required in connection with a special use permit, rezoning or approval of a general development plan or preliminary site plan. The city, however, may consider the availability of public services and facilities when evaluating the appropriateness of any such approval, and may deny a request for any such approval if public facilities and services are not expected to be available as required pursuant to the comprehensive plan.

Recommendation for denial. In the case where there is a recommendation of denial of the requested future land use map, comprehensive policy plan, rezoning, or site plan application, the applicant is not precluded from applying for a development agreement or proportionate fair share mitigation in accordance with this Code, or otherwise proposing conditions of approval that would achieve consistency with the requirements of the comprehensive plan.

2.2.12.6 Application requirements. Pursuant to section 2.0, the city council shall establish administrative procedures setting forth the requirements for information to be submitted with applications for certificates and for the review and analysis of such applications.

2.2.12.7 Staff review. All applications for certificates shall be reviewed and processed for completeness and sufficiency pursuant to section 2.2. Within a reasonable time after receipt of the sufficiency review comments the PCD director shall act upon the application pursuant to section 2.2.11.8.

2.2.12.8 Standards of review and approval. All proposed certificates shall be reviewed under, and shall only be approved if found to be in compliance with, the following standards:

The standards for concurrency and level of service set forth in the comprehensive plan;

Any professionally accepted techniques for measuring level of service in order to assure compliance with the comprehensive plan and applicable law; and

The procedures established for concurrency review pursuant to section 2.2.

2.2.12.9 Action by PCD director. Upon receipt of all comments from reviewing departments and agencies pursuant to section 2.2, the PCD director shall:

Approve the application and issue the certificate with such conditions as may be imposed pursuant to section 2.2.11.9; or

Issue to the applicant a notice of intent to deny the application and:

If the applicant fails to respond within 30 days of the date of such notice, requesting to undertake proportionate fair share mitigation pursuant to section 2.2.12.9.b.ii. the application shall be deemed denied without further notice to the applicant.

ii.

If the applicant responds and requests to undertake proportionate fair share mitigation pursuant to section 2.2.12, the certificate shall be issued if and when the requirements of section 2.2.12 are satisfied.

2.2.12.10 Conditions of approval. The PCD director may attach such conditions to the approval of a certificate as are necessary to assure compliance with section 2.2.11.11, which may include, but shall not be limited to, development phasing, facility phasing, and capital improvements programming, and/or proportionate share mitigation pursuant to section (proportionate FS) and may be required to be secured by land development agreements, construction contracts, and/or posting of performance security.

2.2.12.11 Effect of approval. Issuance of a certificate shall satisfy the concurrency requirements of the comprehensive plan, subject to all conditions imposed pursuant to the certificate, and any other conditions or requirements imposed pursuant to any other applicable development order or approval, this Code or the comprehensive plan.

2.2.12.12 Succession, expiration, extension and modification.

Succession. If a development order requires subsequent development orders, e.g., a preliminary site plan followed by a final site plan followed by a building permit, the original certificate will serve all such subsequent development orders, unless and until such certificate expires.

Expiration, time period. All certificates shall expire three years from the date of issuance except as otherwise provided in this section 2.2.11. If a certificate is issued for transportation concurrency pursuant to section 2.2.11.3, a subsequent certificate for potable water shall be given the same expiration date as the original certificate for transportation. The issuance of a certificate for potable water at the final development stage shall not operate to extend the expiration of a prior certificate for other concurrency requirements.

Developments of regional impact and local government development agreements. Certificates valid for more than three years may be issued in connection with a development order for a development of regional impact, or a development agreement.

ii.

Building permits. Building permits shall be obtained prior to the expiration of a certificate. Construction may continue to completion after the certificate's expiration if the building permits remain valid and do not expire.

iii.

Subdivisions. Building permits for single-family and duplex dwelling units on individual lots within a residential subdivision, which previously received a certificate, shall not be required to obtain a new certificate if:

Said subdivision received final subdivision plat approval;

Such final plat was recorded in the public records before its certificate expired; and

All necessary conditions of the certificate have been met.

Extensions. Not later than 30 days before the expiration date of a certificate originally issued for three years, the applicant may request one extension, not to exceed two additional years. Such extension shall be subject to the approval of the board. In connection with any requested extension, a limit may be placed on the amount of capacity which may be carried forward and allocated to the two-year extension term, and a limit may be placed upon the timeframe for which the extension is granted. The director PCD shall recommend to the council whether the extension is warranted, based on criteria including, but not limited to, the following:

Size of the project;

ii.

Amount of capacity requested;

iii.

Phasing;

iv.

Location of the project;

Capacity availability within the service area;

vi.

Reasons for requesting the reservation time period extension;

vii.

Whether the developer exercised good faith in attempting to secure issuance of a building permit;

viii.

Whether the applicant has substantially completed all required improvements to public facilities or provided the city with payment in lieu of such improvements; and

ix.

Whether the applicant has applied for or has made a proportionate fair-share contribution for the provision of transportation facilities or pre-paid estimated transportation impact fees.

The city council may, by resolution, approve blanket extensions to certificates for development projects in all or part of the county to reflect market conditions or availability of unused infrastructure capacity.

Modification. An applicant that has received approval of a certificate may request approval of a modification to such certificate, and the planning director may approve such request, so long as such modification:

Does not result in a reservation of additional infrastructure capacity over and above capacity reserved in the original certificate, unless there are no complete applications for certificates pending before the County that would require such additional capacity; and

ii.

Does not result in the release of the applicant from any obligation to construct public improvements, or provide payment in lieu thereof, for impacts to public facilities.

Requests for modifications to certificates shall be reviewed and approved in the same manner as applications for certificates pursuant to section 2.2.11.7.

2.2.12.13 Appeals. Appeals of decisions to approve and issue, or deny, certificates shall be heard by the Council pursuant to Section 2.4.

2.2.13 Public school determination of consistency. This section sets forth the procedures and criteria for issuance of determinations of consistency for public educational facilities pursuant to F.S. § 1013.33(12), and the alternative procedures adopted pursuant to F.S. § 1013.33(14), under the amended and restated interlocal agreement ("interlocal agreement") for public school facility planning among the School Board of Manatee [County] ("school board"), the City of Bradenton, County of Manatee and certain other municipalities.

2.2.13.1 Applicability. This section shall apply to the development of all public educational facilities by the school board within the meaning of F.S. § 1013.33.01. Pursuant to Section 1002.33(16), F.S., and this Section shall not apply to the development of charter schools.

2.2.13.2 Procedures for application, consideration and approval. With respect to each educational facility, the school board and the city shall follow the procedures and requirements set forth in F.S. § 1013.33(12), as amended, for the issuance of a determination of consistency with the comprehensive plan (including, without limitation, the requirement that a complete request be deemed approved if the city fails to act upon it within 90 days, subject to the following conditions:

Completeness. In order to be deemed "complete", a request for determination of consistence must include the following items:

School site plan application;

ii.

All applicable information required by the school site plan standards set forth in exhibit "C" to the interlocal agreement, as amended from time to time; and

iii.

Pedestrian plans for new educational facilities illustrating sidewalks which exist or are proposed on thoroughfare roads within two-mile radius of the school site.

Other items may be requested by the school board and considered by the city, but are not required in order for the request to be deemed "complete".

2.2.13.3 Statutory time limit. The time periods set forth in F.S. § 1013.33(12) shall begin to run from the date that the PCD director acknowledges in writing that the city has received a complete request for determination of consistency. If the city does not issue either (a) a written acknowledgement that the request is complete, or (b) a written determination that the request is incomplete with a list of the specific items from the school site plan standards set forth in section 2.2.12.2 that should be provided in order to complete the request, then, within ten business days from the initial date of submittal and within five business days of subsequent submittals, the request shall be deemed to have been determined complete.

2.2.13.4 Council consideration. A request for determination of consistency for a public school facility shall be decided by the council. A determination of consistency shall also constitute the sole method for special approval of an educational facility pursuant to the comprehensive plan.

2.2.13.5 Quasi-judicial procedures. The council shall consider determinations of consistency in accordance with the requirements for quasi-judicial decisions pursuant to section 2.1.4.4. No affected party shall be deemed to have waived any requirement of any statutory provision referenced herein unless such waiver is made by written instrument expressly stating such party's intent to waive such provision.

2.2.13.6 Existing schools. With respect to the expansion of any proposed educational facility, the city shall adhere to the requirements of F.S. §§ 1013.33(3) and 1013.33(15). Existing educational facilities shall be considered consistent with the comprehensive plan. When the need for closure of an educational facility is identified, the school board's superintendent shall notify the city in writing and shall give due consideration to any concern and alternatives set forth by the city. Any expansion of an existing educational facility shall only be subject to the informational requirements, procedures, timeframes and review process requirements of the section, and only if the proposed expansion constitutes a major renovation or construction in that the expansion:

Increases school permanent FISH capacity by more than ten percent;

Provides for a change to the primary use of the educational facility (with respect to change in type of school from elementary, middle or high school to a different type of school); or

Provides for the construction of a stadium.

Review of any such expansion shall be limited to those aspects of the educational facility affected by the expansion.

2.2.13.7 Compliance with decision. As required pursuant to the interlocal agreement, the school board shall not act in a manner that is contrary to the city's decision regarding a determination of consistency. In the event the school board does not agree with the city's decision, the school board may initiate dispute resolution procedures in accordance with the interlocal agreement.

2.2.13.8 Standards and criteria. All determinations of consideration shall be subject to the following standards:

Future land use categories and zoning categories. Public educational facilities shall be allowed uses in all comprehensive plan future land use categories and corresponding zoning districts, except industrial (heavy), conservation, and preservation categories subject to compliance with applicable development standards set forth in this section. Public educational facilities may be allowed in industrial (heavy), conservation and preservation future land use categories at the discretion of the city.

Criteria for approval. The council shall review for consistency with the comprehensive plan in regard to impacts on natural resources, surrounding land uses and public facilities. If the request is determined to be consistent with the city's comprehensive plan land use policies and categories in which public school facilities are allowable uses, and with this section, then the city shall not deny the request for determination of consistency, but shall issue a determination of consistency. The issues to be considered by the council in deciding whether to grant a determination of consistency request shall be limited to those specified in F.S. § 1013.33(13).

Conditions of approval. With respect to each proposed educational facility, the council may place reasonable development standards and conditions upon the approval of a determination of consistency relating to environmental concerns, health, safety and welfare, and effects on surrounding property. Any condition requiring off-site improvements by the school board shall be subject to the limitations established be F.S. § 1013.51.

2.2.13.9 Effect of determination of consistency. Issuance of a determination of consistency by the city for an educational facility shall satisfy the requirements for development approval for the educational facility, including without limitation:

All development approvals required pursuant to this Code and the Comprehensive Plan; and

All development approvals required from the city pursuant to F.S. § 13011.33.

Accordingly, upon issuance of a determination of consistency by the city, the school board shall not be required to seek any additional approvals from the city for development of the subject educational facility, so long as it is developed in accordance with the determination of consistency and any conditions imposed there under pursuant to this section.

2.2.14 Design and compatibility review.

2.2.14.1 Requirement. A design and compatibility review shall be conducted by the ARB for planned development project applications that involve:

Buildings located outside the Urban Core, Urban Central Business district as depicted on the City of Bradenton Future Land Use Map that exceed 45 feet in height and that cannot meet the additional setback required to compensate for the additional height;

Vacation or encroachment of public lands or rights-of-way; or

Public funds or contributions.

2.2.14.2 Application.

Pre-application conference. All applicants for design and compatibility Review shall schedule a pre-application conference with the ARB staff liaison to discuss the nature of the proposed change, conceptual design and approach, relationships to adjacent properties and rights-of-way, unique or unusual aspects of the project, and any variances to applicable standards or regulations.

Application submission. Application shall be made to the ARB staff liaison no less than 30 days prior to the regularly scheduled ARB meeting with 20 copies of the following material and information:

Completed application form;

ii.

Application fee (See appendix A);

iii.

Legal description(s) of the subject property including street addresses;

iv.

Narrative description of project concept and design approach;

Existing and proposed density and/or intensity (new construction only);

vi.

24" × 36" scaled site plan with aerial photo showing footprints of existing and proposed buildings on and within 300 feet of the subject property;

vii

Scaled elevations of all facades (including measurements);

viii

Architectural details (sections/profiles/pattern book);

ix.

A scale and massing model may be required at the discretion of the PCD director.

2.2.14.3 ARB meeting. The ARB shall convene during its regular meeting to consider design and compatibility review applications. Notice of the meeting shall be posted on the bulletin board at city hall and posted on the city's website; however, no public hearing is required.

2.2.14.4 Staff report. The ARB staff liaison shall prepare a written evaluation of the project under consideration. The written evaluation must (1) define the nature and scope of the problematic design aspects of the development proposal, (2) identify key issues to be addressed, and (3) provide a basis for review using applicable city adopted plans, regulations, and guidelines.

2.2.14.5 Advisory opinion. The ARB shall provide an advisory opinion on the design and compatibility aspects of the project according to applicable review criteria stated in the staff report.

2.2.15 Certificate of appropriateness.

2.2.15.1 Requirement for certificate. A certificate of appropriateness (herein referred to as certificate) is required for all new construction, exterior alteration, demolition, and relocation of buildings and structures located inside a locally designated historic district as described in the historic element in the City of Bradenton Comprehensive Plan, as may be amended from time to time. A certificate may also be required for the demolition of individual buildings and structures located outside of a locally designated historic district if such improvement is determined by the ARB staff liaison to have potential historical significance based on the following review criteria:

Is the quality or interest of the building or structure such that allows it to be reasonably considered for a national, state, or local historic designation?

Is the design or craftsmanship of the building or structure such that it could only be reproduced with great difficulty or expense?

Is the uniqueness of the building or structure such that it represents one of the last remaining of its type?

The degree to which the building or structure is a contributing property to a historic district, the city, county, or regional history.

The value of the building or structure regarding the general welfare and community benefit through the study of local history, architecture, heritage, or culture.

The effect of the proposed reuse of the property if demolition is carried out.

The maintenance of the building or structure by the current owner and previous owners to ensure that it has not purposely fallen into disrepair or neglect. If the ARB finds that the building or structure has been deliberately neglected, the ARB may require restoration of the property, or refer the case to the code enforcement division.

All permit applications that involve exterior improvements shall be inspected for historic significance by the ARB staff liaison to determine if the application requires a certificate. The ARB staff liaison shall mail an official determination letter within ten days of a complete application submittal. If a certificate is required, the permit application will be placed on hold until a certificate has been issued. However, the PCD director may allow for certain work to proceed before a certificate has been issued provided the work does not adversely impact the historic significance of the building or structure.

A certificate is generally not required for:

Identical replacement of parts or materials.

Signs and other accessories if they comply with the "Historic District Guidelines for Signs and General Design."

Painting that matches the approved historic district color palette.

2.2.15.2 Application.

Pre-application conference. All applicants for certificate of appropriateness review shall schedule a pre-application conference with the ARB staff liaison to discuss the nature and extent of the proposed change and alternatives being considered.

Application submission. Application shall be made to the ARB staff liaison no less than 30 days prior to the regularly scheduled ARB meeting with 20 copies of the following material and information:

Completed (paper or electronic media in a PDF format) application form;

ii.

Application fee (See appendix A);

iii.

Legal description(s) of the subject property including street addresses;

iv.

Narrative description of nature and extent of proposed change(s);

Construction plans;

vi.

Color renderings;

vii.

Material samples and swatches;

viii.

Master Site File information;

ix.

Other information deemed pertinent to the request as determined by the ARB staff liaison.

Color photographs of the existing building.

2.2.15.3 Certificate hearing. A hearing shall be conducted by the ARB on all certificate applications sent by the PCD director for review. The agenda shall be available to the public one week before the meeting by posting on the bulletin board at city hall, posting on the city's website, and advertising in a newspaper of general circulation. The ARB shall review the application against the criteria set forth in section 2.2.13.1, and shall approve, approve with stipulations, or deny the certificate request. If the certificate is denied, the motion must state specific reasons for denial in compliance with section 2.2.13.1 of these LURs and with the "Historic District Guidelines for Signs and General Design." The ARB staff liaison shall notify the applicant in writing of those reasons within ten days of the ruling.

For demolition applications, the ARB may, by majority vote, delay the demolition of a structure or building determined to have historical significance for a period not to exceed six months from the date of the certificate hearing to sufficient time for the full identification and evaluation of alternative actions that serve the public interest regarding historic preservation. The ARB may require as a condition of approval that the building materials, architectural details, ornaments, or fixtures be salvaged or preserved for reuse. Additionally, the ARB may require, at the owner's expense, that the building or structure be photographed and documented for archival purposes with the Manatee County Historical Society prior to demolition.

2.2.15.4 Issuance of a certificate. The ARB staff liaison shall issue a certificate for each application approved. The certificate shall state any stipulations imposed.

2.2.15.5 Compliance. The certificate shall be enforced by the PCD director. Failure to comply with the certificate shall constitute a violation of these LURs and may result in the issuance of a stop work order or other enforcement measure allowed by law.

2.2.15.6 Appeal. Decisions of the ARB regarding certificate applications are appealable to the city council. A decision of the ARB may only be appealed by a full party (the applicant or a party granted intervener status) to the proceeding in which the decision was made, or by the mayor.

2.2.16 Development of regional impact. Applications for developments of regional impact or amendments to developments of regional impact (DRI), as defined by F.S. chapter 380, except for reviews of existing approved development orders that have not expired as of the adoption of these LURs, shall adhere to the following procedures for review:

2.2.16.1 The applicant for a DRI shall contact the city and Tampa Bay Regional Planning Council (TBRPC) and hold a pre-application conference with these agencies to establish issues to be addressed in the application as required by F.S. § 380.06(9).

2.2.16.2 The application for development approval (ADA) shall be filed with the PCD director (see appendix A for fee) and all other agencies as required by TBRPC. The application shall fully detail the proposed development, all commitments by the applicant, and all issues established in the pre-application conference.

2.2.16.3 Upon receipt of a notice of sufficiency from TBRPC, the city shall initiate public notice procedures as outlined in subsection 2.3.1.2.b.

2.2.16.4 A public hearing by the planning commission announced in accordance with subsection 2.3.1.1 shall be held and a recommendation made regarding the conditions of approval to be stipulated in a development order. Such recommendations shall be forwarded to city council in writing.

2.2.16.5 The city council shall hold a public hearing, and within 30 days of that hearing, shall render a development order.

2.2.16.6 A notice of adoption of the development order shall be recorded by the developer with the clerk of the circuit court.

2.2.17 Comprehensive plan amendment.

2.2.17.1 Application. An amendment to the city's comprehensive plan may be requested by filing a completed application (paper or electronic media in a PDF format) including a letter explaining the requested amendment and the fee as set forth in appendix A.

2.2.17.2 The planning commission shall review the requested amendment at a public hearing and shall make a written recommendation to city council.

2.2.17.3 The city council shall receive the recommendation at its next regularly scheduled meeting and shall schedule a public hearing. The city council shall hear the requested amendment at the next scheduled comprehensive plan amendment hearing. Such hearings shall be scheduled at approximately six-month intervals. If the council determines that the amendment should be heard prior to the next scheduled comprehensive plan amendment hearing, an alternate hearing date may be set. Changes to the future land use map may require a concurrent change to the land use atlas.

2.2.17.4 Public notice shall be given as required in F.S. chapter 163.

2.2.18 Special city council approvals. Special approvals by city council as required in various sections of these LURs may be applied for by submitting a letter of request to the PCD director along with the fee as required by appendix A. Unless otherwise stated elsewhere in these LURs, no public hearing shall be required. City council shall hear the request and render a decision on the application.

2.2.19 Planned redevelopment project (PRP). A PRP is an administrative approval authorized by the PCD director of a project that would otherwise require a variance or special use permit for proposed development.

2.2.19.1 Eligibility. A proposed PRP must meet at least three of the following criteria:

Vacant lot in an otherwise developed area; or

Existing building is considered blighted or requiring substantial improvement; or

Grayfield; or

Brownfield; or

Blighted area; or

Lot of record; or

Development does not otherwise qualify for a PDP; and meet the following, as determined by the PCD director:

No density or intensity increase beyond what is permitted by right; and

ii.

Excess landscaping beyond minimal standards; and

iii.

High quality design.

2.2.19.2 Benefits to the applicant. The following benefits shall be applied to an approved PRP:

Impact fee waiver or reduction.

Review fee waiver or reduction.

PCD director expediting of application within ten working days.

(Ord. No. 3090, § 2.H.y., 11-17-21)

2.3 - Fees and public notice.

2.3.1 Public notice requirements. Generally, where relevant, public notice requirements are specifically provided by Florida Statutes, such notice provisions shall control. The following public notice requirements, as applicable shall apply.

2.3.1.1 Public hearings. Where a public hearing is required pursuant to Schedule 2.3, the following shall apply:

Newspaper advertisement. The PCD director shall provide at least one advertisement approximately ten days before each public hearing in a newspaper of general circulation in Manatee County. The notice shall specify the following information:

The time and place of the public hearing.

ii.

The subject property or site location as follows:

For a development agreement or DRI: the location of the subject land, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed application can be obtained;

For a land use atlas amendment: a location map of the subject property and proposed land use atlas designation;

For an amendment to the text of the LURs: the title of the proposed ordinance and the place or places where the proposed ordinance may be inspected by the public (only applies to city council public hearings);

For an annexation: a general description and map of the area proposed for annexation and a statement that a complete legal description by metes and bounds can be obtained from the city administrator or designee;

For a special use permit, alcoholic beverage sales approval, variance, special city council approval, and appeal requiring a public hearing: the location of the property and nature of the request;

For a vacation of right-of-way: a general description of and a map depicting the right-of-way to be vacated;

iii.

That persons may appear and be heard;

iv.

That written comments filed with the PCD director will be heard and considered;

That the hearing may be continued from time to time as necessary; and

vi.

That if any person determines to appeal any decision made by the city council with respect to any matter considered at this public hearing, such person will need a record of the proceedings for that purpose and he will need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which any appeal is to be based.

Written notice. This subparagraph is not applicable to city-initiated land use atlas, text amendments, or change of use.

Mailed notice. Approximately ten days before the first public hearing the PCD director shall send a copy of the newspaper advertisement, by first class mail, to owners, as shown on the latest ad valorem tax records, of all lands within 300 feet in any direction of applicant property. In the event that the owners are members of a condominium association, notice shall be mailed to the condominium association in lieu of individual notices;

The unintentional failure of the PCD director to notify contiguous property owners, as set forth above, shall not be grounds for a continuance of the hearing, nor in any way affect the action taken at such hearing;

For docks and piers on public property, subsection i. above applies except that the notice shall be mailed to all property owners within 350 feet of the proposed dock site.

ii.

Posting of signs. In addition, the applicant shall post a similar notice on a sign furnished by the PCD director, approximately ten days before the planning commission or city council (as may be applicable) hearing date, in a conspicuous location determined by the PCD director on the land involved in the application. Affidavit of proof of the required posting of the sign shall be filed with the PCD director five days prior to the hearing. Failure to do so will require postponement of the hearing date and re-notification as required in subsection 2.3.1.1 above.

Announcement of public hearing. When two public hearings by the city council are required, an announcement of the date, time and place of the second public hearing shall be made at the first public hearing.

2.3.1.2 Ordinance adoption. Where an ordinance adoption is required (see schedule 2.3) the following provisions shall apply:

Land use atlas amendment (rezone or change of use).

Petition by property owner. The requirements of section 2.3.1.1 above shall apply for the planning commission and city council public hearings;

In addition, prior to the city council public hearing, the city council shall read the proposed ordinance by title into the record at a public meeting and announce the date of the public hearing. A newspaper advertisement meeting the requirements of subsection 2.3.1.1.a above shall be published at least ten days prior to the public hearing.

ii.

City-initiated amendment. The requirements of F.S. § 166.041(3)(c) shall apply.

Development of regional impact. The provisions for a land use atlas amendment pursuant to subsection 2.3.1.2.a above shall apply in addition to the requirements of F.S. § 380.06.

Amendment to land use regulations text. The provisions of subsection 2.3.1.1.a or F.S. §6.041(3)(c), as may be applicable shall control regarding notice for public hearings and adoption.

Annexation.

Voluntary application by property owner. The procedures and public notice requirement of F.S. § 171.044 shall apply.

ii.

City-initiated. The public notice requirements of F.S. § 171.0413 shall apply.

iii.

Contraction of city boundaries. In the procedure for contraction, F.S. § 171.051 shall apply.

Comprehensive plan amendment. The public notice requirements for a comprehensive plan amendment shall be as provided in F.S. §§ 163.3184 and 163.3187, as may be applicable.

2.3.2 Establishment of fees for permits and approvals. The city council, by resolution, shall establish and revise, as may be necessary from time to time, such fees and charges that are reasonably necessary and required to address the actual costs and expenses incurred by the city in reviewing and taking action upon any development permits or development orders authorized and established by these LURs. Such categories of fees and permits may include, but shall not be limited to, charges for zoning permits, certificates of use, land alteration permits, special use permits, expansion of a special use, atlas amendments, annexation petitions, vacation of rights-of-way and easements, variances, alcoholic beverage license approvals, subdivision approvals, planned development project approvals, certificates of appropriateness, developments of regional impact, comprehensive plan amendments, special city council approvals, and appeals. Any such fees established by resolution of the city council may be appended to and kept with these LURs for ease and convenience of referral or may be placed within the rules and regulations promulgated by the PCD director in order to implement or interpret these LURs. The PCD director shall be responsible for advising and recommending to the city council the appropriate and reasonable fees necessary to address the actual costs or expenses incurred in the review of these permits as above indicated.

(Ord. No. 3090, § 2.H.z., 11-17-21)

2.4 - Appeals.

An appeal of a decision or interpretation by the PCD director pursuant to these LURs shall follow the procedure outlined below. Appeal of a decision by the tree and land preservation board or architectural review board shall be heard by the city council. Appeal of a decision of the planning commission regarding a variance decision, or a decision by the city council shall be filed with the circuit court within 30 days of the decision.

2.4.1 Petition for appeal. Any person requesting a city-administered appeal pursuant to these LURs shall file a petition with the PCD director. The petition must be filed within 30 days of the decision being appealed. The petition shall set forth, at a minimum, the nature, circumstances and basis of the appeal, and contain any materials relevant to the appeal, along with review fee per appendix A.

2.4.2 Stop work order. During the period between the submission of the request for an appeal and the appropriate public hearing, the PCD director may issue a stop work order on any permits related to the appeal if such permits may be affected by the appeal. Costs, lost time, or other expenses incurred by the applicant stemming from such a stop work order shall be the responsibility of the applicant.

2.4.3 Public notice. The PCD director shall provide public notice for a public hearing per subsection 2.3.1.

2.4.4 Appeals hearing. The applicable entity shall hold a public shearing on the appeal, and rule on the appeal and shall issue a written order setting forth the findings of fact and the conclusions of law and the resulting decision.

SCHEDULE 2.3 APPROVALS REQUIRED FOR LAND USE REQUESTS
TYPE OF REQUEST SECTION REFERENCE		APPROVALS REQUIRED PH - PUBLIC HEARING O - ORDINANCE
TYPE OF REQUEST SECTION REFERENCE		ADMINISTRATIVE	PLANNING COMMISSION	CITY COUNCIL	TREE & LAND PRESERVATION BOARD	ARCHITECTURAL REVIEW BOARD	CIRCUIT COURT
2.2.1	Zoning Permit	X
2.2.2	Certificate of Use	X
2.2.3	Land Alteration Permit	X
2.2.4	Special Use Permit		PH	PH
2.2.5	Land Use Atlas Amendment		PH/O	PH/O
2.2.6	Annexation Petition			PH/O
2.2.7	Vacation of Public Right-of-Way		PH	PH
2.2.7	Vacation of Public Easement			X
2.2.8	Variance	(1)	PH
2.2.9	Alcoholic Beverage Sales	See 202.I, 303.B	PH	PH
2.2.10	Subdivision Plat Approval
	Preliminary		PH	X
	Final			X
	Extension of Time			X
2.2.121	Planned Development Project
	Preliminary		PH	PH
	Final	X
	Extension of Time			X
2.2.13	Certificate of Appropriateness (2)	X				X
2.2.14	Development of Regional Impact		PH/O	PH/O
2.2.15	Comprehensive Plan Amendment		PH/O	PH/O
2.2.16	Special City Council Approval			PH-tbd
2.2.17	Planned Redevelopment Project	X
2.3.1.2.c	LURs Text Amendment		PH/O	PH/O
2.4	Appeal of PCD Director Decision/Interpretation*		PH			CA
2.4	Appeal of Variance/Other Final Decision by Planning Commission						X
2.4	Appeal of decision by ARB or TLPB			PH
2.4	Appeal of decision by City Council						X
(1)	An administrative dimensional variance may be allowed for development of a single-family house on certain lots of record, unless the PCD director defers such action to the planning commission.
(2)	Any property in the historic districts requires review by the architectural review board.