Crystal River City Zoning Code

a.

Authority and Purpose. These land development regulations shall be known as the "Community Development Code" of the City of Crystal River and are enacted pursuant to the requirements and authority of Article VIII, section 2(b) of the Florida Constitution, F.S. § 163.3202, the city Charter, effective 1987, and the general powers in F.S. ch. 166 (Municipal Home Rule Powers Act), including F.S. § 166.021.

It is the intent of this Code to promote public health, safety, and general welfare of the community. It includes but is not limited to the specific municipal purposes below.

(1)

To achieve mixed use development that is appropriate in scale and intensity for it's context.

(2)

To establish a relationship between buildings, streets, and Open Spaces that is pedestrian and bicycle friendly.

(3)

To preserve and enhance the City's natural charm while promoting innovative development that sustainably manages the environment.

(4)

To ensure that a variety of housing types and sizes can be developed to meet the needs of the entire community.

(5)

To promote a variety of safe transportation options with context-based thoroughfare design.

(6)

To promote a public realm of high aesthetic value.

b.

Applicability. The provisions of this Code shall apply to all development in the city, and no development shall be undertaken without prior authorization pursuant to these regulations.

c.

Development Permits and Development Orders. The provisions of the Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permits and orders as defined in § 166.033(4), Florida Statute if: The development activity has been authorized by a permit approved prior to the effective date of the Code or any amendment thereto; and

(1)

Work has commenced within 12 months of the authorized permit or order; and

(2)

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of the Code or amendment thereto.

d.

General Findings. F.S. ch. 163, requires each Florida local government to enact a single land development regulations (LDRs) which implements and is consistent with the local Comprehensive Plan, and which contains all land development regulations for the city.

e.

General Public Need. Controlling the location, design and construction of development within the city is necessary to maintain and improve the quality of life in the city as more fully described in the following sections of this Code.

f.

Comprehensive Plan. The adoption of integrated land development regulations implements the following goals, policies and objectives of the Comprehensive Plan:

(1)

F.S. § 163.3194(1)(b) requires that all land development regulations be consistent with the Comprehensive Plan of the enacting local government. A land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, or other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses and densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government.

(2)

The Code incorporates new authorizations, requirements and regulations to implement the objectives and policies of the Comprehensive Plan, and to ensure that all land development activities within the city are consistent with and further the objectives, policies, land uses, densities and intensities in the Comprehensive Plan.

(3)

Nothing in this Code shall be construed to authorize development that is inconsistent with the city Comprehensive Plan.

(4)

It is recognized, however, that situations may arise in the daily administration and enforcement of these regulations whereby strict interpretation and enforcement of the regulations may be contrary to the goals, objectives and policies of the Comprehensive Plan.

(5)

Such situations may arise due to changes in land development priorities or economics, new issues which were not anticipated at the time of the adoption of these land development regulations (LDRs) or the inability to meet competing goals through a single action. In these situations, the goals and policies of the Comprehensive Plan shall take precedence, and the Land Development Regulations (LDRs) shall be interpreted and administered consistent with the overall goals, objectives and policies of the Comprehensive Plan as interpreted by the city council, until such time that these regulations and/or the Comprehensive Plan can be amended to resolve any conflict.

(6)

The city Comprehensive Plan, as thereafter amended, is hereby adopted as the Comprehensive Plan of the city in accordance with F.S. ch. 163.

(7)

Neither this section nor the Comprehensive Plan shall be construed as temporarily or permanently taking property without due process of law. Neither this section nor the Comprehensive Plan shall be construed as affecting validly existing vested rights. Any person alleging the existence of vested rights must demonstrate to the city council's satisfaction the legal requisites of those vested rights. The council shall make the final determination as to the existence of the vested rights alleged. The mere existence of zoning contrary to the Comprehensive Plan shall not give rise to vested rights.

(8)

Upon determination by a court of competent jurisdiction that a portion of this Community Development Code or the Comprehensive Plan adopted hereby is void, unconstitutional or unenforceable, all remaining portions shall remain in full force and effect.

g.

Maps by Reference. There is hereby adopted as part of the land development regulations the Future Land Use Map and Map Series of the adopted Comprehensive Plan of the City of Crystal River and the Zoning Map of the City of Crystal River for use in the consistent application of these land development regulations.

h.

Interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of this Code, the city manager or designee shall be responsible for interpretation.

i.

Abrogation. The standards included in this subpart are not intended to repeal, abrogate or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of the city.

j.

Approval Authority. The following land development applications shall require a recommendation from the Planning Commission and action by the City Council:

(1)

Annexation;

(2)

Comprehensive Plan Amendments;

(3)

Vacation of Public Right-of-Way (ROW);

(4)

Vacation of Plat;

(5)

Zoning/Rezoning.

The following land development applications shall only require action by city manager or designee:

(1)

Construction Plan;

(2)

Lot Splits;

(3)

Lot Line Deviations;

(4)

Preliminary Plat.

The following land development applications shall only require action by the Planning Commission:

(1)

Conditional Uses;

(2)

Variances.

k.

Deviations. Deviations from numeric Code requirements may be granted by the City Manager or his/her designee when the request is within 10% of the relevant requirement. Deviations will be reviewed on a case-by-case basis and are not guaranteed. All other land development plans require action by the Planning Commission.

l.

Appeal. Action by staff may be appealed to the City Manager by filing, no later than five business days from the date of staff's written decision, a written notice of appeal with the City Clerk outlining the basis for the appeal. A copy of the notice of appeal shall also be simultaneously filed with the Growth Management Department. The City Manager will schedule a public meeting for City Manager action on the appeal.

Table 8.1 Public Notice Requirements

Key:
Statutory Notice
* ;hg;Minimum 10 days prior to adoption
** ;hg;Minimum 14 days prior to 1st reading and 7 days prior to adoption

m.

Public Notice. In addition to those requirements imposed by state law, public notice shall be provided as set forth on Table 8.1. Nothing herein shall require duplication where these requirements are identical to those imposed by state law.

n.

Mailing Requirements. Unless otherwise required herein, mail notice of a public hearing of a type set forth in Table 8.1 shall contain the following information:

(1)

Title and substance of proposed ordinance, resolution or development order or application;

(2)

Time, date and location of the public hearing; including any instructions for attending or participating in a hearing conducted by video over the internet;

(3)

Location of the property affected by the application with reference to the nearest intersection of two or more streets;

(4)

Name, address and telephone number of the office where additional information can be obtained; and

(5)

Location and times where proposed ordinance, resolution, or development order application may be reviewed.

(6)

All notices shall be provided by first-class mail. Mail notice shall be postmarked no later than the minimum number of calendar days as required in Table 8.1. Proof of mailing shall be retained by the city.

(7)

Mail notice as required in Table 8.1 shall be provided to all property owners of record, excluding property owned by the applicant, within 300 feet of any boundary line of the property to which the ordinance, resolution or development order relates. If any boundary line of the property to which the ordinance, resolution or development order relates is within 300 feet of any portion of a subdivision which is governed by an active, Florida not-for-profit corporation homeowners association or condominium association, then mail notice shall also be provided to the homeowners association or condominium association.

(8)

The list of property owners shall be derived from the most recent official tax roll of Citrus County. The applicant shall provide an affidavit attesting to the completeness and accuracy of the property owner's list.

(9)

The city shall prepare and mail all required notices, and provide an affidavit that notice was sent to all property owners included in the property owner's list.

(10)

The applicant shall be responsible for all costs associated with mailing notices.

o.

Posting Requirements. The city shall provide the signs, subject to the criteria for size and contents established by the Growth Management Director. The signs shall comply with the city sign code, unless exempt therefrom.

(1)

The City shall install the signs in a workmanlike manner. All signs should be installed so as to withstand normal weather events.

(2)

The City shall post one sign per frontage, except if a parcel has frontage. The signs shall be posted within ten feet of the right-of-way with the locations approved by the city.

(3)

The City shall record a photograph of the sign(s) and an affidavit attesting to the date of installation and the number of signs.

p.

Newspaper Requirements. The applicant shall be responsible for all costs associated with newspaper advertisements.

q.

Variances. Anyone who is an owner of, or has any legal interest in property affected by the zoning code shall desire a variance, shall file an application at the office of the city clerk.

(1)

The following information is required:

(a)

The applicant's full name and mailing address;

(b)

The legal description of the property involved;

(c)

A plat plan (schematic drawing) of the property involved, showing the location, existing buildings or structures and the location of proposed buildings or structures;

(d)

A floor plan of any proposed extensions or additions;

(e)

The purpose for which the property will be used;

(f)

A concise statement as to why the present regulations create a hardship to the applicant.

(g)

How the applicant believes each of the variance standards are met.

(2)

Process. When an application requesting a variance is filed with the city, along with a filing fee as established by resolution, the city shall cause the request to be evaluated based on the standards set forth in this Section and to determine whether the proposed variance is in compliance with the city's Comprehensive Plan. City staff shall prepare and present at the public hearings a written report of its findings and any recommendations.

(a)

Public notice shall be provided as set forth in the Public Notice section. Only one public hearing before Planning Commission is required.

(b)

The Planning Commission shall decide upon the request when the matter is taken up, or if the commission is in need of more information, the commission may so indicate and take the matter up again as specified by the commission. The Planning Commission shall adopt its findings in writing.

(3)

Standards. The Planning Commission may authorize a variance from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary and undue hardship. In authorizing a variance, the council shall find:

(a)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district.

(b)

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

(c)

That literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Code and would work unnecessary and undue hardship on the applicant.

(d)

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

(e)

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

(f)

In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.

(4)

Commencement of Construction. When any variance is granted, construction of the structure must be initiated within 18 months from the date of grant or by such time as determined by the commission in the grant. It shall be the obligation of the owner to file written notice with the Growth Management Director that construction has commenced.

(5)

Transfer of Variance. A variance in the zoning regulations may be transferred along with the transfer of the property ownership, but only for the specific use and floor plan originally granted.

r.

Nonconforming Uses & Structures. A use, building or structure lawfully in existence on the adoption date of this ordinance, that shall be made nonconforming on such date or made nonconforming by an amendment to this Code may be continued so long as it remains the same use and cannot be changed to another nonconforming use. There may be a change of tenant, ownership or management of a nonconforming use, provided there is no change in the nature or character of such nonconforming use.

(1)

Process. Existing buildings or premises devoted to a nonconforming use may continue as a nonconforming use subject to the following regulations:

(2)

Expansion. Any single-family nonconforming structure may be enlarged or expanded, including accessory structures, so long as the expansion is in compliance with the yard and building requirements within the zoning district where it is located.

(3)

Restoration. Any nonconforming structure which has less than 50 percent of its previous existing floor area made unsafe or unusable may be restored, reconstructed and used as before. All repairs shall be started within six months after damages occur or such use shall not be rebuilt except as a conforming use.

(4)

Repairs. Normal maintenance, repairs and incidental alterations of a structure containing a nonconforming use is permitted.

(5)

Abandonment. If a nonconforming use of structures and premises in combination is discontinued, vacant, abandoned or not used for a period of twelve consecutive months, it shall be considered an abandonment thereof and shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located.

(6)

Partial Destruction. When 50 percent or more of the existing floor area of a nonconforming structure is destroyed by fire or made unsafe or unusable by other casualty or act of nature, the use of such structure as a nonconforming use shall thereafter be terminated unless the repairs can be made or the reconstruction started within six months after damages occur. The city council may permit the reestablishment of the nonconforming use where it is determined that the repairs and/or rebuilding of the structure will take longer to complete. If this be the case, the owner of the nonconforming use property should file an application in accordance with the Public Notice requirements to request a reasonable extension of time to complete the repairs or reconstruction.

(7)

All substantial improvements as defined by this Code shall be required to conform to this Code.

s.

Planned Unit Development (PUD) Expiration. Actual construction must begin within a planned unit development within three years of Construction Plan or as conditioned by the City Council. If actual construction has not begun, any vesting which may be claimed thereby shall be void. The applicant may request a 12-month extension prior to expiration. Construction Plan must receive approval within three years of the effective date of the PUD zoning ordinance. If Construction Plan are not submitted or, if submitted, but do not receive approval within three years of the effective date of the PUD zoning ordinance, any vesting which may be claimed thereby shall be void. If actual construction begins within the time required, but terminates prior to final completion, any vesting which may be claimed thereby shall be void except where the Cit has recognized vested rights as established by Florida Common Law or Florida Statutes. Lapse of said site development or building permit shall constitute a termination of construction.

(1)

Substantial Change. Substantial changes to PUDs require City Council approval. The following requests shall be considered substantial changes: a change which would alter the land use type adjacent to a property boundary, increase the land use intensity and/or density, or require an amendment to the City Council's conditions of approval.

(2)

Non-substantial Change. Non-substantial changes shall be reviewed by staff and approved by the City Manager or designee.

t.

Commissions and Agencies.

(1)

Generally.

(a)

The city council has established the commissions, agencies, and officers in this Code for the purpose of implementing the provisions of the code.

(b)

All procedures pertaining to matters before the commissions, agencies, and officers are set forth in this Code.

(2)

Requirements for all commissions and agencies

(3)

Appointment. All members shall be appointed by the city council.

(4)

Attendance. Each appointed member shall attend all meetings. Any member who has been absent from three (3) consecutive regular meetings within a calendar year shall be subject to removal.

(5)

Officers. All commissions and agencies, shall have a chairperson and a vice chairperson.

(6)

By-laws.

(a)

Each commission or agency shall enact by-laws to govern its operation and procedures.

(b)

By-laws shall not conflict with the requirements of this Code. In the event of any conflict between the provisions of this Code and the by-laws, the provisions of the Code shall control.

(c)

The following topics may be included in the by-laws:

i.

The designation of officers;

ii.

The specific duties of officers;

iii.

The creation of committees;

iv.

Voting procedures;

v.

Scheduling of meetings;

vi.

Order of business; and

vii.

Preparation of minutes.

(7)

Parliamentary authority. All meetings may be conducted in accordance with parliamentary procedure as set forth and explained in the latest revised edition of Robert's Rules of Order, which shall serve as the official rules of procedure.

(8)

Qualifications, removal, and vacancy. Except as set forth for a specific commission or agency created under the Land Development Code, the following provisions apply to the qualifications and removal of a member and to filling such vacancy as may occur:

(a)

No member of the planning commission shall be an elected official or employee of the city.

(b)

Each member of any commission or agency created under the Land Development Code serves at the pleasure of the city council and may be removed at any time without cause.

(c)

When any vacancy occurs for a specific commission or agency created under the Land Development Code, the city council shall appoint a new member to serve the unexpired term of the member whose death, resignation, incapacity, or removal creates the vacancy.

i.

Appointment of a new member shall be made within two (2) months following the creation of the vacancy.

ii.

When the unexpired term is two (2) months or less, the city council may appoint a new member to fill the unexpired term and the following full term.

(9)

Quorum and voting.

(a)

For the purpose of transacting business at any meeting, five (5) members of the commission or agency shall constitute a quorum.

(b)

Approval of actions before the commission or agency requires an affirmative vote of a majority of the members present.

(10)

Record of decisions. A record shall be made of all resolutions, transactions, findings, recommendations, and decisions, which record shall be a public record on file in the office of the city clerk.

u.

Planning Commission

(1)

Establishment. There is hereby created a planning commission, with the roles and responsibilities as set forth herein.

(2)

Membership and terms.

(a)

The planning commission shall consist of seven (7) members and two (2) alternate members.

(b)

The term of membership shall be three (3) years.

(c)

Membership shall begin on October 1 and end on September 30.

(d)

Terms shall be staggered such that no more than three (3) terms expire simultaneously. The initial appointment of members of the planning commission shall be as follows:

i.

Two (2) members shall be appointed for one (1) year.

ii.

Two (2) members shall be appointed for two (2) years.

iii.

Three (3) members shall be appointed for three (3) years.

iv.

All subsequent appointments shall be for the full term of three (3) years.

v.

No member may serve more than two (2) successive three (3) year terms. Thereafter, members may be appointed only after they have been off of the planning commission for at least one (1) year. Service for a partial term of less than one and one-half (1/2) years shall not constitute a term of service for purposes of this paragraph.

(3)

Qualifications for members:

(a)

Members of the planning commission shall be required to reside within the city limits of the City of Crystal River, Florida.

(b)

It shall be the policy of the City of Crystal River to make reasonable efforts to appoint individuals onto the planning commission who have the qualifications and experience necessary to be effective members of the Planning Commission. In furtherance of this policy, and if possible, the city council of the City of Crystal River shall make a reasonable effort to appoint at least two (2) members to the planning commission who represent two (2) of the following professional positions. Evidence that the member represents the profession includes, but is not necessarily limited to, a current or inactive professional license (unrevoked) or specialized training in the indicated field.

i.

Licensed engineer;

ii.

Licensed architect;

iii.

Registered landscape architect;

iv.

Licensed surveyor;

v.

Professional planner;

vi.

Environmental scientist; or

vii.

Licensed contractor or builder.

(c)

If there are no applicants that possess the required qualifications and experience in the above described professions, the city council, after reviewing the applications, shall make a reasonable effort to appoint the most qualified applicant.

(d)

In furtherance of the above stated policy, and if possible, the city council of the City of Crystal River shall make a reasonable effort to appoint at least two (2) members to the planning commission who represent two (2) of the following professional positions. Evidence that the member represents the profession includes, but is not necessarily limited to, a current or inactive professional license (unrevoked) or specialized training in the indicated field.

i.

Banking, finance, or accounting;

ii.

Real estate agent or broker;

iii.

Property appraiser, residential or commercial;

iv.

Land development; or

v.

Business owner or manager.

(e)

If there are no applicants that possess the required qualifications and experience in the above described professions, the city council, after reviewing the applications, shall make a reasonable effort to appoint the most qualified applicant.

(f)

Three (3) members shall be at-large.

(g)

In addition to the above members, one (1) nonvoting member shall be appointed from the Citrus County School Board. This member shall be the person appointed by the school board to attend those meetings at which the planning commission considers rezoning of land or an amendment to the comprehensive plan that, if approved, will increase the residential density on property that is the subject of an application.

(4)

Roles and Responsibilities. The planning commission shall have the roles and responsibilities described below.

(a)

To serve as the local planning agency (LPA), pursuant to F.S. ch. 163.3174. As the LPA, the planning commission shall:

i.

Make recommendations to the city council regarding adoption of a comprehensive plan;

ii.

Make recommendations to the city council regarding amendment of its adopted comprehensive plan; and

iii.

Carry out such other duties as may be specified in F.S. pt. II, ch. 163.

(b)

To hear, consider, and make recommendations to the city council regarding applications to:

i.

Amend the official zoning map (also called "rezoning");

ii.

Amend the text of the Code;

iii.

Create a subdivision (preliminary and final subdivision plats); and

iv.

Amend the official zoning map to PUD together with a PUD master plan.

(c)

To conduct public hearings and render decisions in compliance with the requirements of this Code on the following matters:

i.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Code;

ii.

To authorize a variance from a provision of the Code; and

iii.

To hear and decide applications for site plan approval involving uses subject to supplemental standards, as set forth in this Code.

(d)

In carrying out its duties, the planning commission may:

i.

Establish such committees as may be necessary to gather facts, analyze findings, and make recommendations to the planning commission as a whole;

ii.

Acquire and maintain such information and materials as are necessary for an understanding of past trends, present conditions, and forces at work to cause changes in these conditions;

iii.

Make or cause to be made any necessary special studies on the location, conditions, and adequacy of facilities in the city; and

iv.

Periodically review the comprehensive plan and Code and recommend amendments to the city council.

v.

Community Redevelopment Agency

(1)

Authority. Pursuant to F.S. ch. 163, pt. III, there is hereby created an agency to be known as the Crystal River Community Redevelopment Agency.

(2)

Membership, term, and appointment of additional members.

(a)

The city council of the City of Crystal River, Florida, shall be the commissioners of the City of Crystal River Community Redevelopment Agency (CRA).

(b)

The city council of the City of Crystal River, Florida, acting in their capacity as the City of Crystal River CRA shall be vested with all rights, powers, duties, privileges and immunities conferred upon such agencies by Chapter 163, Part III, Florida Statutes.

(c)

The city council of the City of Crystal River, Florida, acting in their capacity as the City of Crystal River CRA, shall be subject to all of the responsibilities and liabilities imposed or incurred by the previous board of commissioners of the CRA.

(d)

The city council may appoint two (2) additional persons to act as commissioners of the City of Crystal River CRA, as provided in the Crystal River Code of Ordinances, chapter 2, article IV, section 2-65. The terms of office of the additional commissioners shall be for four (4) years, except that the first person appointed shall initially serve a term of two (2) years. Persons appointed as additional commissioners by the city council are subject to all provisions of Chapter 163, Part III, Florida Statutes, relating to appointed commissioners of a community redevelopment agency.

(e)

The term of office for commissioners of the City of Crystal River CRA, who are also members of the city council of the City Crystal River, shall be concurrent and coterminous with their term of office as members of the city council.

(f)

The City of Crystal River CRA shall be vested with all rights, powers, duties, privileges and immunities conferred upon such agencies by Chapter 163, Part III, Florida Statutes.

(g)

The city council shall designate from among the commissioners of the CRA, two (2) individuals to act as the chair and vice chair of the City of Crystal River CRA.

(h)

The city council of the City of Crystal River shall be authorized to amend this section of the Land Development Code by resolution, after a properly noticed public hearing.

(3)

Roles and responsibilities.

(a)

The community redevelopment powers as provided under Chapter 163, Part III, Florida Statutes, are hereby assigned to the community redevelopment agency, with exception of the power reserved to the city council as set forth in Section 163.358, Florida Statutes.

(b)

The community redevelopment agency shall have the following roles and responsibilities with respect to this Code:

i.

To hear, consider, and make recommendations to the city council regarding amendments design standards applicable within the CRA overlay district;

ii.

To hear and render a decision for building permits or site plan approval on all property within the CRA overlay district;

iii.

To hear and make recommendations to the planning commission for applications for site plan approval for development subject to supplemental standards;

iv.

To hear, consider, and make recommendations to the city council regarding applications to amend the official zoning map (rezoning) for lots within the CRA overlay district;

v.

To hear, consider, and make recommendations to the city council regarding amendment of the text of the comprehensive plan pertaining to growth and development within the CRA overlay district; and

vi.

To hear, consider, and make recommendations to the city council regarding amendment of the future land use map of the comprehensive plan for properties within the CRA overlay district.

(4)

Community Redevelopment Area (CRA) Overlay.

(a)

The CRA overlay is established to promote new investment and revitalization throughout the traditional downtown, waterfront, and surrounding neighborhoods, providing a mixture of residential and commercial options that blend seamlessly with their surroundings, and are equally amenable to both pedestrians and automobiles.

(b)

Development in the CRA shall promote mixed-use, inter-connected, and public accessibility spaces that prioritize the protection of local waterways and ensures that these resources will continue to provide truly unique recreational opportunities and an authentic working waterfront for both locals and visitors.

(c)

The boundaries of the CRA overlay are described in the City of Crystal River Community Redevelopment Agency (CRA) Plan and shown on the official zoning map.