Quasi-judicial hearings before hearing bodies in the City of Cedar Key shall be either formal or informal hearings. A formal quasi-judicial hearing is a hearing where petitioners and affected parties have the rights and responsibilities of a party as set forth in Section 4-12.12.03, of this chapter. An informal hearing is a hearing where the petitioner and public may present testimony for or against a proposal before the decision-making body without the procedures of a formal hearing.

(History: Ord. No. 460)

The Land Development Code Administrator is authorized to issue an administrative special use permit for aquaculture use on lands classified as commercial including the area designated within Overlay Map Exhibit 1-10 of the Future Land Use Element of the Comprehensive Plan. Said administrative special use permit shall ensure compliance with federal flood regulations contained in Part 4-6.07.00 of the Land Development Code. Requests for such administrative special use permits shall be made by completing an application and providing supporting documentation that the applicant is engaging in aquaculture on the subject parcel.

(History: Ord. No. 523)

This article sets forth the application and review procedures required for obtaining development orders and permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

An application for development review may be withdrawn at any time so long as no public notice has been given that the application will be reviewed at a public hearing.

Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the adopted Comprehensive Plan, including, but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

Density or gross density means the total number of dwelling units divided by the total upland site area, less any dedications, easements or public right-of way.

Development or development activity means any of the following activities:

1.

Construction, clearing, filling, excavating, grading, paving, dredging, drilling or otherwise significantly disturbing the soil of a site;

2.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials;

3.

Subdividing land into two or more parcels;

4.

A tree removal for which authorization is required under this Code;

5.

Erection of a permanent sign unless expressly exempted by Article VIII of this Code;

6.

Alteration of an historic property for which authorization is required under this Code;

7.

Changing the use of a site so that the need for parking is increased;

8.

Construction, elimination or alteration of a driveway onto a public street;

9.

Any activity which has an impact on level of service or infrastructure capacity.

Development order means an order granting, denying, or granting with conditions an application for approval of a development plan pursuant to the procedures in 4-12.02.00 below.

Development permit means the development permit is that official City document which authorizes the start of construction or land alteration without need for further application and approval. Development permits include: all types of construction permits (plumbing, electrical, and so forth, in addition to the building permit itself), clearing and grading permits, sign permits, septic tank permits, tree removal permits, or any activity which requires a permit.

Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Floor area/gross floor area means the sum of the gross horizontal area of several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. Floor area does not include the non-habitable, limited storage space without utilities below base flood elevation.

Impervious surface means a surface that has been covered by a structure or compacted with a layer of material so that it is highly resistant to infiltration by water, it includes, but is not limited to semi-impervious surfaces such as compacted clay or lime rock as well as most conventionally surfaced streets, roofs, sidewalks, parking lots swimming pools, patios and other similar structures. Impervious surface of structures is measured from eave overhang, from drip line to drip line.

Improvement means any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Minor replat means the subdivision of a single lot or parcel of land into two lots or parcels, or the reconfiguration of two or more lots or parcels to create no more than two lots or parcels.

Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the Building Official.

Vehicle use area means an area used for parking, circulation, and/or display of motorized vehicles, except junk or automobile salvage yards.

(History: Ord. No. 333)

No development activity may be undertaken unless the activity is authorized by a development permit.

Except as provided in Section 4-12.01.03 below, a development permit may not be issued unless the proposed development activity:

A.

Is authorized by a final development order issued pursuant to this Code; and

B.

Conforms to the Technical Construction Standards Manual adopted by reference in Article I of this Code; and

C.

Conforms, where applicable, to FEMA Regulations—City Ordinance 221.

D.

Before any development permit is issued, the site plan shall be approved by the City. The City is authorized to and shall retain all necessary consultants, firms or experts to conduct said review who shall make a recommendation as to whether a site plan is to be approved. This process and review shall be at the expense of the developer, who shall place with the City a monetary deposit, at the time of submission of his site plan. All single family dwellings (and accessory structures associated therewith) and commercial developments of less than 2,000 square feet shall be exempt from this requirement.

(History: Ord. No. 288)

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code and the Technical Construction Standards Manual.

A.

Development activity necessary to implement a valid Site Plan/Development Plan approved prior to the adoption of this Code and which is still in effect or on which the start of construction took place prior to the adoption of this Code and has continued in good faith. Compliance with the development standards in this Code is not required if in conflict with the previously approved plan.

B.

The construction or alteration of a single family dwelling unit on a platted lot of record in a valid recorded subdivision approved prior to the adoption of this Code which meets the density standards of this Code, except that a variance may be granted for a substandard lot of record where no alternative use is possible.

C.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

D.

The erection of a sign or the removal of protected trees or vegetation on a previously approved and developed site and independent of any other development activity on the site.

E.

The re-surfacing of a vehicle use area that conforms to all requirements of this Code.

F.

A minor replat granted pursuant to the procedures in Part 4-12.03.00 of this Article.

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the Building Official.

Prior to filing for development plan review, the developer shall meet with the Building Official to discuss the development review process. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposed development made by any participant at the pre-application conference as a representation or implication that the proposed development will be ultimately approved or rejected in any form. The User's Guide in Article I of this Code may be used as a guide to the discussion of the proposed development in the Pre-Application Conference.

A.

The developer shall submit an Application and Development Plan meeting the requirements of Section 4-12.02.05 below.

B.

Within five working days the Building Official shall determine that the plan is complete or incomplete. If incomplete, the developer may submit an amended plan within 30 days without payment of a reapplication fee, but, if more than 30 days have elapsed, must thereafter re-initiate the review procedure and pay an additional fee.

C.

A copy of the plan shall be sent to each member of the Technical Review Committee. Each member shall review the proposal and submit written comments to the Building Official within ten days of completed application distribution to members.

D.

The Building Official shall review the plan and comments of the Technical Review Committee and, within 20 working days of the submission of the proposed development plan, prepare a report on whether the proposal complies with this Code and other applicable regulations of the City of Cedar Key.

E.

After the compliance report is completed, the Building Official shall set the matter for hearing before the City Commission at the next available meeting allowing for notice as required by Section 4-12.02.03 below.

At least 15 days prior to the hearing before the City Commission, the Building Official shall post a sign on the site of the development and mail written notice to the developer and to all property owners with property abutting the development site. The posted and written notice shall state the date, time and place of the hearing; shall summarize the proposed development; and shall state how additional information about the proposal and hearing procedures may be obtained.

The hearing procedures set forth in Section 4-12.05.00 shall be followed.

(History: Ord. No. 408)

A.

Application. Applications for development plan review shall be available from the Building Official. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of a corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation, and embossed with the corporate seal.

B.

General development plan requirements. All development plans submitted pursuant to this Code shall conform to the following standards:

All plans shall be drawn to a scale of one inch equals 20 feet, unless the Building Official determines that a different scale is sufficient or necessary for proper review of the development proposal.

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

The front cover sheet of each plan shall include:

1.

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section, township and range, together with the principal roads, City limits, and/or other pertinent orientation information;

2.

A complete legal description of the property;

3.

The name, address and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown;

4.

The name, address, and telephone number of those individuals responsible for the preparation of the drawing(s);

5.

Each sheet shall contain a title block with the name of the development, a stated and graphic scale, a north arrow, and date;

6.

The plan shall show the boundaries of the property with a metes and bounds description reference to section, township and range, tied to a subdivision name and block and lot number(s);

7.

The area of the property shown in square feet and acres.

Six copies of the submittal shall be required.

Unless a format is specifically called for below, the information required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of this Code have been met.

C.

Required development plan information. Development plans shall include the following information:

1.

Existing conditions.

a.

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants, and any public or private easements.

b.

Existing land use/zoning district of the parcel.

c.

A depiction of the abutting property within 400 feet of the proposal, not including public right-of-way in the measurement, showing: (a) land uses and locations of principal structures and major landscape features; (b) densities of residential use; (c) traffic circulation systems.

d.

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

e.

A soils map of the site (existing U.S. Soil Conservation Service Maps or Tables in The Florida Development Manual (DER) are acceptable) or a description of existing soils and soil conditions.

f.

A map of vegetative cover including the location and identity by common name of all protected trees and vegetation. Groups of protected trees or areas of protected vegetation may be designated by "clusters" with an estimate of the number or area noted. This information shall be summarized tabular form on the plan.

g.

A topographic map of the site with contour lines at two foot intervals clearly showing the location, identification, and elevation of bench marks, including at least one bench mark for each major water control structure.

h.

A detailed overall project area map showing existing hydrograph and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

i.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including mean high water lines, state and Army Corps of Engineers jurisdictional lines, and attendant drainage areas for each.

j.

A map showing the locations of any soil borings or percolation tests as may be required by this Code or County or State agencies.

k.

A depiction of the site, and all lands within 400 feet of any property line of the site, showing the locations of environmentally sensitive and conservation areas (Section 4-5.01.00 of this Code) indicating wetland and shoreline protection zones and restricted development zones.

l.

The 100-year flood elevation, minimum required floor elevation and boundaries of the 100-year floodplain (coastal high hazard area) for all parts of the proposed development.

m.

Drainage basins or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project.

2.

Proposed development activities and design.

a.

Area and percentage of the total available land area (Section 4-2.03.01) to be covered by an impervious surface.

b.

Grading plans specifically including perimeter grading.

c.

Construction phase lines.

d.

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

e.

Front, rear and side architectural elevations including building height.

f.

Building setback distances from property lines, mean high water line, abutting right-of-way center lines, and all adjacent buildings and structures.

g.

Minimum floor elevations of buildings within any 100-year flood plain.

h.

The location, dimensions, type, composition, and intended use of all other structures.

i.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

j.

The boundaries of proposed utility easements.

k.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of any alternative systems to be used.

l.

Exact locations of on-site and nearby existing and proposed fire hydrants.

m.

The layout of all streets and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

n.

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress including proposed modifications to public streets and projected on-site traffic flow.

o.

The location of all exterior lighting.

p.

The location and specifications for proposed garbage containers.

q.

Cross sections and specifications of all proposed pavement.

r.

Typical and special roadway and drainage sections and summary of quantities.

s.

All protected trees and vegetation to be removed and a statement of why they are to be removed and any mitigation plans required by this Code.

t.

Proposed changes in the natural grade and any other development activities directly affecting trees and vegetation to be retained.

u.

A statement of the measures to be taken to protect trees and vegetation and of any relocation and replacements proposed.

v.

Location and dimensions of proposed buffer zones and landscaped areas.

w.

Description of existing and proposed plant materials.

x.

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

y.

A description of the proposed stormwater management system, including:

i.

Channel, direction, flow rate, and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

ii.

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

iii.

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

iv.

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

v.

Linkages with existing or planned stormwater management systems.

vi.

On and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the Stormwater Management System.

vii.

The entity or agency responsible for the operation and maintenance of the Stormwater Management System.

viii.

The location of off-site water resource facilities such as works, surface water management systems, wells, or well fields, that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

ix.

Runoff calculations in accordance with The Florida Development Manual (DER).

x.

The exact sites and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal activities including estimated quantities of excavation or fill materials computed from cross sections, proposed within a wetland and shoreline protection zone or restricted development zone.

z.

Detailed statement or other materials showing the following:

i.

The percentage of the land surface of the site that is covered with natural vegetation that will be removed by development.

ii.

The distances between development activities and the boundaries of the wetland and shoreline protection zones and environmentally sensitive areas.

iii.

The manner in which habitats of endangered and threatened species are protected.

iv.

Two blueprints or ink drawings of the plans and specifications of regulated signs, and method of their construction and attachment to the building or ground. The plans shall show all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of this Code and the building and electrical codes adopted by the City. The plans shall clearly illustrate the type of sign or sign structure as defined in this Code; the design of the sign, including dimensions, colors and materials; the aggregate sign area; the dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

aa.

For regulated ground signs, a plan, sketch, blueprint, print or similar presentation drawn to scale which indicates clearly:

i.

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas and other existing ground signs on the parcel.

ii.

All regulated trees that will be damaged or removed for the construction and display of the sign.

iii.

The speed limit on adjacent streets.

iv.

For regulated building signs, a plan, sketch, blueprint, or similar presentation drawn to scale which indicates clearly:

v.

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings and structures on the parcel.

vi.

The number, size, type, and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units.

bb.

Building elevation or the building dimensions.

cc.

When any subdivision of land is proposed, the minimum available land area and location of lots.

ee.

When a new replatted subdivision is proposed, the following:

i.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, and the like.

ii.

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

iii.

Location of proposed development in relation to any established urban service area.

ff.

The total number of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) shall be given.

gg.

Location of on-site wells, and wells within 1,000 feet of any property line, exceeding 100,000 gallons per day.

hh.

The manner in which historic and archaeological sites on the site, or within 500 feet of any boundary of the site, will be protected.

ii.

For historic buildings and structures, sufficient information or detail to make a determination of compatibility with surrounding areas and any available archival reference material.

jj.

If the development includes the subdividing of land, a plat that conforms with the requirements of F.S. ch. 177.

A.

Applicability. The provisions of this section apply to all proposed developments in the City, including private road subdivisions.

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in Article IV of this Code.

This section does not modify existing agreements between a developer and the City for subdivisions platted and a final development order granted prior to the effective date of this Code, providing such agreements are current as to all conditions and terms thereof.

B.

Improvement agreements required. The approval of any development plan shall be subject to the developer providing assurances that all required improvements, including, but not limited to storm drainage facilities, streets, water and sewer lines, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

1.

Agreement that all improvements in the plan shall be constructed in accordance with the standards and provisions of this Code.

2.

A term not to exceed five years or 30 percent occupancy of the development, during which all required improvements will be constructed.

3.

The projected total cost of the improvements prepared by the applicant's engineer or provided through a copy of a construction contract.

4.

Specification of the improvements to be made and dedicated and a timetable for making the improvements.

5.

Agreement that upon failure of the applicant to make required improvements according to the term or timetable the City shall utilize the security provided in connection with the agreement.

6.

Provisions of the amount and type of security provided to ensure performance, including a provision to reduce the security periodically, subsequent to the completion, inspection and acceptance of improvements by the City.

C.

Amount and type of security. The amount of the security shall be 110 percent of the total construction costs for the required developer-installed improvements and may be met by, but is not limited to, one of the following:

1.

Cashiers check or certified check

2.

Surety bond

3.

Interest bearing certificate of deposit

4.

Irrevocable letters of credit

5.

Developer/lender/City agreement

D.

Completion of improvements. When improvements are completed and certified by an appropriate state or local agency the developer may apply for release of the security bond required by this section.

E.

Maintenance of improvements. The developer shall provide a maintenance agreement and security in the amount of 15 percent of the construction cost of the improvement to assure that all required improvements shall be maintained by the developer, a condominium association under the provisions of F.S. ch. 718, an owner's association, or an organization established for the purpose of owning and maintaining the improvements created by covenants running with the land.

A.

All minor replats shall conform to the following standards and restrictions:

B.

Each proposed lot must conform to the requirements of this Code.

C.

Each lot shall abut a public street.

D.

If the street ROW does not conform to the design specifications of this Code, the owner may be required to dedicate one-half the ROW width necessary to meet the minimum design requirements.

E.

Each proposed lot must have available public water and/or sanitary sewer service.

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the City Commission shall approve the application by signing the approved replat. Upon approval of the minor replat, the applicant shall procure two copies of a boundary survey, which conforms conforming to the approval and is prepared by a licensed surveyor. The applicant shall have one copy of the boundary survey recorded in the official records of Levy County. The applicant shall provide the second boundary to the City of Cedar Key shall be provided to the City to be recorded by the City in a record of approved minor replats.

(History: Ord. No. 401)

No further division of an approved minor replat is permitted under this section, unless a development plan meeting the requirement of this Code is prepared and submitted.

(History: Ord. No. 333)

Application for a development permit shall be made to the Building Official on forms provided and may be acted upon by the Building Official without public notice or hearing.

Applicants shall submit the following information or items:

A.

An approved development order or a statement from the Building Official that a development order is not required.

B.

Three copies of plans or sketches of the proposed work, drawn to scale and indicating the location, sizes, dimensions, elevation, and other information deemed necessary by the Building Official to determine conformance with, and to provide for the enforcement of, this Code.

C.

Notarized proof of ownership or authorization by the owner(s) of the property.

D.

Proof that any variance or approval required by this Code has been obtained.

Within 14 days after receiving a complete application for a building permit, the Building Official shall either approve or reject the application. If the proposed work, as described and depicted by the applicant, is in compliance with all requirements of this Code the Building Official shall approve the application and issue a permit in writing. If the proposal is not in compliance with all of the requirements of this Code, the application shall be rejected and a written rejection, providing the reason(s) therefore, shall be provided to the applicant. Submittals required shall become part of the official records of the City.

If the work authorized by the permit has not begun within six months of the effective date of the permit or is not substantially completed within two years of such date, the Building Official shall declare the permit to be expired, after which no further work under the permit shall be lawful. The Building Official may, for good cause, extend the effective date of the permit for up to six months. Upon finding that any work under a permit is not in compliance with any Code, the Building Official shall revoke the permit, shall notify the holder of the permit why it is being revoked and shall allow the holder seven days in which to cure any violation or noncompliance to the satisfaction of the Building Official to have the permit reinstated.

A.

Uses allowed by conditional use. Certain uses are set forth in Article 2 as being allowed as a conditional uses. No other use is allowed by conditional use except those specifically set forth in Article 2. The following procedures shall be followed in the review and approval or denial of applications for conditional use.

B.

Factors to be considered in reviewing proposed conditional uses. The City Commission shall consider the following factors in its review of an application for a conditional use:

1.

Whether the proposed use is generally compatible with surrounding uses, public facilities, and environmental resources.

2.

Whether the proposed use will have a significant adverse impact on surrounding uses, public facilities, or environmental resources due to any of the following:

a.

Parking.

b.

Noise.

c.

Lighting.

d.

Signage.

e.

The provision and location of utilities, including garbage dumpsters.

A.

Application. A conditional use shall be applied for on a form provided by the Building Official. At a minimum, the following information shall be provided:

1.

Name, address, and telephone number of the owner.

2.

If an agent is making the application on behalf of the owner, the name, address, and telephone number of the agent, and a signed authorization by the owner that the agent is acting on the owner's behalf.

3.

The address of the property, or other description of its location.

4.

A description of the proposed use. Detailed information shall be provided relating to each of the factors listed in 4-12.05.01 B. above.

B.

Site plan. In addition to the written application, the applicant shall submit a site plan prepared by a registered engineer, architect, or landscape architect. The Building Official may waive the requirement that the site plan be prepared by a registered engineer, architect, or landscape architect if the Building Official finds that, due to the simplicity of the project, the necessary site design information may be adequately presented on plans prepared by a non-professional. The site plan shall show the following, where relevant to the project:

1.

The location of the site and all surrounding uses, public facilities, and environmental resources within 200 feet of the boundaries of the site;

2.

The location of all existing uses, public facilities and environmental resources on the site, including all setbacks, environmental buffers, and other non-developable areas as set forth in this Code;

3.

The location of all proposed structures and facilities including the following:

4.

Buildings, including accessory buildings and any other man-made structures. The number of stories and square-footage of buildings shall be shown;

5.

Parking facilities, including proposed landscaping and ingress and egress;

6.

Stormwater management facilities;

7.

Signs;

8.

Utilities, including dumpsters and air conditioning units.

A.

Review by Building Official.

1.

The Building Official shall review the application and site plan for completeness. If incomplete, the Building Official shall return the submittals to the applicant with a description of what additional information is needed.

2.

Upon receipt of a complete application and site plan, the Building Official shall review the submittals and, within 20 days of receipt of the complete submittals, prepare a report addressing the following:

a.

Whether the proposal is consistent with the Cedar Key Comprehensive Plan and complies with all applicable provisions of this Code.

b.

Any failure by the proposal to adequately address any of the factors listed in 4-12.05.01 B. above.

B.

Notice. Upon receipt of complete submittals, the Building Official shall place the application on the agenda of the next City Commission meeting allowing for the 20 day review period set forth in 4-12.05.03 A.2. above. The Building Official shall then immediately post a sign on the property giving notice of the nature of the proposed use and the date, time, and location of the City Commission meeting at which the application will be considered.

C.

Review by City Commission.

1.

The City Commission shall hold a quasi-judicial hearing on the application for the conditional use. The Commission's decision to grant or deny the conditional use shall be set forth in a written order which shall contain findings and conclusions on each of the factors listed in B above.

2.

The City Commission may approve an application with conditions so long as each condition is reasonable, clearly described, and supported by a finding or conclusion of the Commission on one or more of the factors listed in 4-12.05.01 B above. The type of conditions the Commission may impose include, but are not limited to, the following:

a.

Limitations on the hours of operation, and/or other limitations on the activities taking place on the site;

b.

Use of buffers beyond that otherwise required by this Code;

c.

The relocation, reconfiguration or other change to any proposed structure or facility on the site, including buildings, accessory structures, dumpsters, air conditioning units, parking facilities, signs, and ingress and egress.

The City Commission shall by resolution adopt a schedule of fees for permits, development review, and inspections. This Code shall not be construed to repeal, modify or otherwise change any fee schedule in effect at the time of adoption of this Code unless specifically changed by resolution of the City Commission.

The most recently adopted fee schedule shall be and is hereby incorporated by reference in this Code. A copy of the fee schedule shall be maintained in Chapter 5, Laws of Cedar Key.

(History: Ord. No. 314)

Chapter 166 and F.S. ch. 163.3194(2), shall govern amendment of this Code.

(History: Ord. Nos. 314 and 436)

Any person, board or agency may apply to the Planning and Development Department to amend this Code in compliance with procedures which conform to state law. All applications shall be in writing.

(History: Ord. No. 436)

The Planning and Development Administrator, or the Administrator's designee, shall refer applications to amend this Code to the City Commission. Prior to approving any amendment to this Code, the City Commission shall refer proposed amendments to the local planning agency. The local planning agency, sitting in its capacity as the Land Development Regulation Commission, shall within two months of the date of the referral hold an informal public meeting on the proposed amendment. At that meeting, the Land Development Regulation Commission shall make a recommendation on the consistency of the proposed amendment with the Comprehensive Plan. If the Land development Regulation Commission fails to make a recommendation within the time provided, the City Commission may act on the adoption as provided for in Section 4-12.07.04.

(History: Ord. No. 436)

A.

Readings. Except as provided for in F.S. § 166.041(3)(c), after receipt of a recommendation from the Land Development Regulation Commission, the City Commission shall hold a at least two hearings on the proposed amendment, the last of which shall be the adoption hearing. At the hearings, the ordinance shall be ready by title or in full.

B.

Adoption hearing. The adoption hearing shall be noticed in accord with F.S. § 166.041(3)(a) and at that hearing the Commission may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered in the hearing amendments to this Code shall be consistent with the Comprehensive Plan. The public hearing shall:

1.

Present the Planning and Development Department's analysis of the proposed change;

2.

Present a summary of reports by other applicable agencies;

3.

Permit any person to submit written recommendations and comments before or during the hearing;

4.

Permit a reasonable opportunity for interested persons to make oral statements.

(History: Ord. No. 436)

The provisions of this section shall govern all amendments to the Cedar Key Comprehensive Plan.

(History: Ord. No. 436)

There are two types of Comprehensive Plan amendments: small scale development amendments and large scale plan amendments.

A.

Small-scale development amendment defined. A small-scale development amendment is an amendment to the land use map portion of the City of Cedar Key Comprehensive Plan involving less than ten acres and as such amendments are defined and provided for in F.S. § 163.3187(1)(c), (2006).

B.

Large scale plan amendment defined. A large scale plan amendment is any amendment to the Comprehensive Plan that does not fit the definition of a small scale development amendment. A large scale plan amendment may be a map or text amendment.

(History: Ord. No. 436)

A.

Small scale development amendments. An application for a small-scale development amendment to the land use plan map may be proposed only by the City of Cedar Key City Commission, or any member thereof, or the owner of the subject property, or any duly authorized agent thereof. All such proposals shall be submitted on the appropriate form available from the Planning and Development Department. A completed application shall be notarized and signed by all owners, or their agent. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In case of a corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office. The application shall be accompanied by all pertinent information which may be required by the City of Cedar Key Planning and Development Department for proper consideration of the matter.

B.

Large scale plan amendments. Any person, board or agency may apply to the Planning and Development Department for a large scale plan amendment. All such proposals shall be submitted on the appropriate form available from the Planning and Development Department and must comply with the submittal requirements of F.S. ch. 163.

(History: Ord. No. 436)

A.

Review for completeness. Within ten working days of receiving an application for a small-scale development amendment, the Planning and Development Administrator or the Administrator's designee shall determine that the application is complete or incomplete. If incomplete, the applicant may submit an amended application within 30 days without payment of a re-application fee, but if more than 30 days have elapsed, the applicant must re-initiate the review procedure and pay an additional fee.

B.

Review for compliance. The Planning and Development Administrator or the Administrator's designee shall review the application and, within 20 working days of receipt of a complete application, prepare a report on whether the proposal complies with state law, including whether the change would be consistent with the goals, policies and objectives of the Cedar Key Comprehensive Plan.

C.

Setting matter for hearing. After the report is completed, the Planning and Development Administrator shall set the matter for hearing before the local planning agency at the next available meeting allowing for required notice.

(History: Ord. No. 436)

A.

Local planning agency review. The local planning agency shall conduct a noticed hearing to review and consider all applications for amendments to the Comprehensive Plan. The hearing shall be noticed in accordance with F.S. § 166.041(3)(a).

B.

Local planning agency recommendation. At the hearing, the local planning agency shall adopt a recommendation for the City Commission regarding each application. The local planning agency may recommend that an application be approved, approved subject to modifications, or denied.

(History: Ord. Nos. 408, 436)

All hearings by the City Commission relating to Comprehensive Plan Amendments shall be noticed and conducted in accordance with F.S. §§ 163.3184 and 166.041, as applicable.

A.

Adoption hearing for small scale development amendments. A noticed legislative hearing for all small scale development amendments shall be held following receipt of the recommendation from the local planning agency. Notice shall meet the requirements of F.S. § 166.041(3)(c). At the hearing, the City Commission may adopt the amendment, adopt the amendment with modifications, or deny the amendment.

B.

Hearings for large scale plan amendments. Unless otherwise provided by State law, the City Commission shall hold two public hearings, as provided below, to consider all large scale plan amendments.

1.

Transmittal public hearing. A noticed legislative hearing shall be held after receipt of the recommendation from the local planning agency and before transmittal of all proposed large scale plan amendments to the Department of Community Affairs for review. Notice shall be made in accordance with F.S. § 163.3184(15)(e). The hearing shall be conducted in accordance with F.S. § 163.3184(15). At the hearing, the City Commission may approve an application for transmittal, approve an application for transmittal subject to modifications, or deny transmittal of an application. In accordance with Chapter 163, any proposed large scale plan amendments that the City Commission approves for transmittal with or without modifications, must be transmitted to the State Department of Community Affairs for review.

2.

Adoption hearing. After receipt from the Department of Community Affairs of an objection, recommendations and comments report on each proposed large scale plan amendment, a noticed legislative hearing shall be held. Notice shall be made in accord with F.S. § 163.3184(15)(e). Except for amendments proposed as part of the evaluation and appraisal report process, the hearing shall be held within 60 days after receipt of the report form the Department of Community Affairs, or after notification that no report will be issued. For amendments proposed as part of the evaluation and appraisal report, the hearing shall be held within 120 days after receipt of the report, or notice that no report will be issued. The hearing must follow the requirements of F.S. § 163.3184(15). At the hearing, the City Commission may adopt the amendment, adopt the amendment with modifications, or deny the amendment.

(History: Ord. No. 436)

A.

Re-application after approval of small scale development use amendments. Whenever the City Commission has approved a small scale development amendment, no application shall be filed for a small scale development amendment relating to any part or all of the same land for a period of one year from the effective date of such amendment.

B.

Re-application after denial of a small scale development amendment. Whenever the City Commission has denied an application for a small scale development amendment, no further application shall be filed for the same land use category relating to all, or any part, of the same land for a period of one year from the date of the denial.

C.

Waiver of time limits. The time limits in A. and B. above may be waived by the affirmative vote of a majority of the entire City Commission when such action is deemed necessary to prevent injustice or to facilitate proper development of the City.

(History: Ord. Nos. 314 and 436)

A developer or any adversely affected person may request an appeal to the City Commission of a final decision of the building official on an application for a development permit, or on an interpretation or application of this Code, or any other final decision of the building official. The appeal shall be in accordance with Part 4-12.12.00 of this chapter.

(History: Ord. Nos. 334, 460)

The Building Official shall implement a procedure for periodic inspection of development work in progress to ensure compliance with the development permit and this Code.

The Standard Building Code "Powers and Duties of the Building Official" are hereby specifically incorporated by reference as the method of Code Enforcement, except that references to the Board of Adjustment shall be interpreted to mean City Commission.

Upon completion of work authorized by a development permit or development order, and before the development is occupied the developer shall apply to the Building Official for a certificate of occupancy. The Building Official shall inspect the work and issue the certificate if found to be in conformity with all applicable Codes.

If the Building Official determines that the code enforcement process incorporated by reference above would be an inadequate response to a given violation, the Building Official may pursue the following penalties and remedies as provided by law:

A.

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land or water is used in violation of this Code, the Building Official, through the City Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

B.

Criminal penalties. Any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

C.

Fine. A fine of $300.00 per tree may be charged for violation of Article V, Section 4-5.03.03.02.

(History: Ord. Nos. 264, 297)

Conflict of interest means conflict of interest means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest and includes those situations set forth in Section 4-12.12.06 B.2. of this chapter, and as set forth in Chapter 112.

Ex parte communication means ex parte communication means an oral or written communication made to a member of a decision-making body by, or on behalf of, a petitioner, affected party, or otherwise, about the merits of an action before the decision-making body, or foreseeably anticipated to come before the decision-making body, outside of a public meeting of the decision-making body and without notice to the petitioner or affected parties.

Petition means both an application for an action listed in Table 4-12.12.02, and a request for appeal of a decision of a decision-making body.

Petitioner means both the applicant when an application is being heard for the first time and the party appealing a decision of a decision-making body.

(History: Ord. No. 460)

The following actions are quasi-judicial in nature and require a quasi-judicial hearing before the decision-making body indicated herein:

A.

The order of presentation, with corresponding time limits for each presentation, shall be as follows:

B.

Cross examination is limited to ten minutes per witness.

C.

The time limits set forth above may be modified by the decision-making body upon request of a party to the proceedings. Said request shall detail the additional time desired and the subjects to be discussed during the requested additional time. A request for an extension of time should be considered by the decision-making body to assure all parties have a full fair opportunity to participate without undue repetition and delay.

D.

The decision-making body may, in its discretion and at any time during the hearing, continue the hearing and request further information from any party.

E.

Affected party defined; determination.

1.

An affected party is any person who is entitled to actual written notice of a petition before the decision-making body, pursuant to Section 4-12.02.03 of this chapter, if applicable.

2.

An affected party who is not entitled to actual written notice but who believes that he has a special interest or would suffer an injury distinct in kind and degree from that shared by the public at large by the petition, may request affected-party status by filing an application with the City Clerk in writing no less than seven days prior to the meeting when the petition is scheduled to be heard. The decision-making body shall consider the application for affected party status prior to the commencement of the quasi-judicial hearing. The decision on affected party status of the decision-making body shall be final.

F.

Representation. Any petitioner or affected party may be represented by an attorney.

G.

Registration of affected parties. In order to participate in the formal quasi-judicial proceeding, all affected parties shall complete a registration card in the form prescribed by the decision-making body, stating their name and address and other pertinent information, and whether they support or oppose the petition before the decision-making body. The registration card shall be delivered to the decision-making body at the proceeding after determination of affected party status. If an attorney represents an affected party or several affected parties, the attorney shall complete the registration card and identify the person or persons they represent and whether their client supports or opposes the petition before the decision-making body.

H.

Commencement of the hearing.

1.

The appropriate City staff shall introduce the case and shall provide a brief description of the petition. This introduction shall not be considered evidence in the proceeding, and the member(s) of the City staff presenting the introduction shall not be subject to cross-examination by any party to the proceedings.

2.

Ex parte communications and conflicts of interest.

a.

Ex parte communications. In accordance with Section 4-12.12.06 of this Chapter, the members of the decision-making body shall disclose any ex parte communications that may have occurred concerning the petition. The petitioner and any affected party may examine, through the chair, each decision maker about these communications.

b.

Conflicts of interest. The petitioner and any affected party may challenge the impartiality of any decision-maker in accordance with Section 4-12.12.06 of this chapter.

3.

In the interest of saving time, the petitioner, City staff, affected parties, and all witnesses shall be collectively sworn in by the appropriate City staff.

I.

Evidence.

1.

Testimony or other evidence that is irrelevant or immaterial to the issue to be decided by the decision-making body is inadmissible. The decision-making body shall make rulings on objections to the relevance and materiality of the examination. A decision-making body member, party, or City staff member may raise an objection to the possibly irrelevant and immaterial testimony or evidence.

2.

The examination of witnesses shall be conducted under oath by direct examination on matters which are relevant and material to the issues before the decision-making body. After the conclusion of direct examination, the witness may be cross examined by another party, decision-making body member, or City staff. The inquiry under cross examination shall be limited to matters raised in the direct examination of the witness being examined. No re-direct shall be allowed unless requested by a party stating the desired area of inquiry and that request is approved by the decision-making body. If re-direct is allowed, it shall be limited to questions of the witness on issues raised on the cross-examination. This provision shall not limit a decision-making body member from questioning any person on matters relevant to the petition before the decision-making body.

3.

During the presentation by the opponents or proponents of an issue before the decision-making body, no one may present testimony or evidence which is unduly cumulative or repetitious of previously presented testimony or evidence by a fellow opponent or proponent.

J.

Public hearing. After the quasi-judicial hearing is completed, those members of the public who were not a party to the quasi-judicial hearing may be permitted to speak up to three minutes and present testimony to the decision-making body. No party, petitioner, City staff or witness shall speak during the public hearing portion of the proceedings.

K.

Decision and final order.

1.

After the public hearing, the decision-making body shall vote to approve, deny, or approve with conditions the petition. In reaching its decision, the decision-making body shall only consider evidence presented at the hearing and shall base its decision on the competent, substantial evidence of record.

2.

After voting, the chair of the decision-making body shall orally issue an order consistent with the vote of the decision-making body.

3.

The order shall be reduced to writing and shall include findings of fact and conclusions of law and state whether the petition is approved, denied, or approved with conditions. The order shall also specify any conditions, requirements or limitations on the approval of the petition. The written order shall be presented to the decision-making body for approval at a special meeting, or at the next regular meeting of the decision-making body. The chair of the decision-making body and the City Clerk shall execute the order as it is approved. Executed copies of the order shall be sent by certified mail to the petitioner and any affected party.

4.

If applicable, the final executed order is a final development order under 4-12.01.02 and 4-12.01.03 above. Notice of all final development orders must be recorded in the Official Records of Levy County at the petitioner's expense using a form provided by the City in substantially the following form:

NOTICE OF FINAL ORDER AFFECTING USE OF PROPERTY

This document is recorded in the Official Records of Levy County as notice that the property described below is the subject of a final order issued by the City Commission of the City of Cedar Key. Please consult the Final Order referenced below for potential limitations on the use of the subject property. Public record of all Final Orders of the City of Cedar Key are maintained at City Hall, 490 Second Street, Cedar Key, Florida 32625.

Subject Property:

Address: _____

Levy County Parcel ID: _____

Owner/Applicant: _____

Legal Description: _____

Final Order:

Number: _____

Type:  ___ Minor Replat (attach boundary survey not larger than 8.5" by 17")

___ Certificate of Appropriateness

___ Development Plan

___ Certificate of Appropriateness for Demolition

___ Other: ___________

___ Conditional Use Permit

___ Subdivision

___ Variance

I certify that the information stated herein is true and accurate.

(History: Ord. Nos. 408, 460)

A.

An informal hearing shall be presented to the decision-making body in the following order:

1.

City staff presentation.

2.

Disclosure of ex parte communications and decisions regarding potential conflicts of interest in accordance with Section 4-12.12.06 of this Chapter.

3.

Petitioner presentation.

4.

Public hearing.

5.

Vote of the decision-making body.

B.

Cross examination of witnesses is not permitted. This provision does not prohibit a decision-maker from questioning any person on matters relevant to the petition.

C.

Evidence. The appropriate City staff shall present any staff or other report on the petition. Evidence before the decision-making body shall include, but not be limited to, an analysis which includes the consistency of the petition with the City's adopted codes, rules, policies or plans, as applicable, and how the petition does or does not meet the requirements of such codes, rules, policies, plans and other applicable laws. Written reports and any other documentary evidence shall become a part of the record. Evidence may be presented through oral testimony of witnesses or documentary evidence or both.

D.

Registration. Any person may speak for or against the matter if they complete a registration card at the meeting as provided by the decision-making body. The decision-making body chair may limit the time of any portion of an informal hearing to avoid unnecessary repetition and delay.

E.

Decision. After the public hearing portion, the decision-making body shall vote to approve, approve with conditions or deny the petition. In reaching its decision, the decision-making body shall only consider evidence presented at the hearing and shall base its decision on the competent, substantial evidence of record. The chair of the decision-making body shall orally issue an order consistent with the vote of the decision-making body.

F.

Final orders. The order shall be reduced to writing and must state whether the petition is approved, denied, or approved with conditions. The order must also specify any conditions, requirements or limitations on the approval of the petition. The City shall prescribe the format of the order. The chair of the decision-making body shall execute the final order within three days of the hearing and provide to the petitioner within one business day of the execution. The order is a final order of the decision-making body. Appeals from final orders may be filed in accordance with Section 4-12.12.05 of this chapter. If no appeal is requested within the period provided for in Section 4-12.12.05, the order shall constitute a final development order, if applicable, and shall be recorded in accordance with paragraph 4-12.12.03 K.4., of this chapter.

(History: Ord. No. 460)

A.

Appeals to the City Commission.

1.

Whenever an appeal to the City Commission is provided for in Chapter 4, Laws of Cedar Key, any person aggrieved by a decision of the applicable decision-making body may file an appeal.

2.

Written notice of appeal. The appeal shall be made by filing a written notice of appeal with the Clerk of the City Commission within 14 days from the date the final order is executed, or in the case of a final decision not requiring a final order, within 14 days from the date the decision is reduced to writing. The notice of appeal shall contain:

a.

A statement of the decision to be appealed, and the date of the decision.

b.

A statement of the interest of the person filing the appeal.

c.

The specific Comprehensive Plan or Cedar Key Code provisions alleged to have been applied in error.

3.

City Commission Hearing. The City Commission shall hear the appeal at its next regular meeting, provided at least 14 days have intervened between the time of the filing of the notice of appeal and the date of such meeting. The City Commission shall conduct the hearing in accordance with Section 4-12.12.03 of this chapter and the City Commission's decision shall constitute final administrative review.

B.

Appeals of City Commission decisions. Appeals from decisions of the City Commission may be made to the courts as provided by law.

(History: Ord. No. 460)

A.

Ex parte communications.

1.

If a member of a decision-making body receives a written ex parte communication relating to a matter coming before the decision-making body, the decision-maker shall transmit the item to the Clerk of the City Commission for inclusion in the official records. The communications shall be made available to the parties as soon as practicable before the hearing.

2.

As soon as it becomes apparent that an inadvertent oral communication pertains to a matter coming before the decision-making body, the member of the decision making body shall explain to the person that the communication is improper, and that he or she is required to end the communication on that subject. At the time the item comes up for discussion at the decision-making body meeting, the decision-maker shall report any attempted ex parte communication.

B.

Conflicts of interest.

1.

A party to a quasi-judicial hearing may challenge the impartiality of any member of the decision-making body. The challenge shall state by affidavit facts relating to a bias, prejudgment, personal interest, or other facts from which the challenger has concluded that the decision-maker cannot participate in an impartial manner. Except for good cause shown, the challenge shall be delivered by personal service to the City Clerk's office no less than 48 hours preceding the time set for the hearing. The City Clerk shall attempt to notify the person whose qualifications are challenged prior to the hearing. The challenge shall be incorporated into the record of the hearing.

2.

No member of a decision-making body shall hear or rule upon a proposal if:

a.

Any of the following have a direct or substantial financial interest in the proposal: the decision-maker's or the decision-maker's spouse, brother, sister, child, parent, father-in-law, mother-in-law; any business in which the decision-maker is then serving or has served within the previous two years; or any business with which the decision-maker is negotiating for or has an arrangement or understanding concerning prospective partnership or employment; or

b.

The decision-maker owns property within the area entitled to receive notice of the hearing; or

c.

The decision-maker has a direct private interest in the proposal; or

d.

For any other valid reason, the decision-maker has determined that he or she cannot impartially participate in the hearing and decision.

3.

No officer or employee of the City who has a financial or other private interest in a proposal shall participate in discussions with or give an official opinion to the decision-making body on the proposal without first declaring for the record the nature and extent of the interest.

4.

A majority of the members of the decision-making body present and voting may, for reasons prescribed by the Code or other applicable law, vote to disqualify a decision-making body member who has refused to disqualify him or herself.

(History: Ord. No. 460)