(a)

Expedited review and permitting.

(1)

Purpose and intent. The purpose and intent of this section is to provide expedited review and permitting of development projects that substantially contribute to the economy of DeFuniak Springs through the creation of jobs. The expedited review and permitting process is intended to be an incentive available to developers of all major development projects. The review process for major development projects are included in this section, as well as appropriate references to other provisions within the land development code affecting major developments. The review team for the expedited permitting process will be composed of the planning director, public works director, building official, the city's consulting engineer, the fire prevention/life safety authority, and any other city department(s) as designated by the city manager.

(2)

Expedited project review. The planning director or designee shall serve as the single point of contact (SPC) between the developer and the city. The SPC shall coordinate an expedited review process giving priority to the review of land use, zoning, site plan, and building permit applications. The city personnel reviewing a major development project shall give priority to development applications and shall report items that may result in a delay of approval to the SPC, including citations of specific code requirements in order to facilitate a timely resolution. The SPC shall contact the applicant within three (3) business days in an effort to review any item that may result in a delay to discuss the action necessary to facilitate application approval.

(3)

The SPC shall assist the developer of a major development project and the review team in the processing of major development project applications according to the following timelines:

a.

Prior to the submittal of a request for a land use or zoning change, site plan, construction drawings, or other application materials, the SPC shall coordinate a pre-application meeting. The developer and all appropriate members of the city review team shall attend. This meeting is intended to facilitate the developer becoming familiar with permitting requirements and city staff to become familiar with the project. The city staff shall provide guidance to the developer on how applications, plans, drawings, and other necessary information may be best presented to ensure a smooth and expeditious review. The developer shall not submit an application or other material for review, nor shall the review clock start running, prior to the pre-application meeting.

b.

The completeness review of applications for major development project proposals shall be completed within three (3) business days of receipt. The completeness review shall verify that all plans, drawings, surveys, and technical requirements necessary for review are included with the application. A determination that an application is complete for purposes of review does not constitute a finding of sufficiency for any part of the application and/or its accompanying documents. The review team shall complete its review and provide comments to the SPC within seventeen (17) business days of the date the application was determined to be complete for purposes of review.

c.

Major development project applications that require action by the planning board or the city council shall be placed on the agenda of the next regularly scheduled meeting that allows adequate time for legal advertising and notification requirements following the determination of completeness, unless the applicant requests a delay.

d.

The building department shall complete its review of building permit applications for major development projects within fifteen (15) days of receipt, subject to any required revisions. Building construction plans may be submitted simultaneously with the application for development review, but in no situation shall a permit for construction be issued prior to any other required approvals.

e.

Any proposed amendment, deviation, or change to a major development project plan that has received a development order pursuant to this section shall be reviewed by the planning director to determine whether the proposed change constitutes a minor or major modification to the approved site plan. If it is determined that the proposed change is a major modification, it is the responsibility of the developer to provide supporting documentation for any proposed revision to an approved site plan. The roles of the SPC, developer, staff and the expedited process are the same that applied to the original application and shall apply to the review of the modification.

(b)

Minor site plan review. The intent of this section is to allow the planning director to accept a plan (drawn by the owner, when appropriate), notify the appropriate department heads for input, and approve a minor site plan as defined below with a minimum of paperwork, time, and inconvenience to the owner. Plans will be stamped and filed with the appropriate project file.

This provision does not apply to any single-family dwelling in any district where the use of the single-family dwelling is used for single-family residential purposes only. And, no change of use (i.e., residential to office, office to retail, etc.), will be considered under this provision. Requests for home-based occupations (HBO) are processed using the HBO process, but any associated improvements may be considered by the planning director and processed as a minor change.

Amendments to an approved site plan (or a development that may have existed prior to any requirement for an approved site plan) of the following types may be authorized by the city manager or designee, provided such amendments meet the city's land development code.

(1)

Minor adjustments or shifts in the location and siting of buildings, structures, parking bays, parking spaces, landscaped areas;

(2)

Changes in the location of utility tie-ins and dumpsters;

(3)

Reductions in the overall density or intensity of structural lot coverage of the development;

(4)

Changes in the location and types of landscape materials, excluding changes in location of buffers;

(5)

Changes in the walkway and bikeway systems;

(6)

The addition of non-habitable accessory structures or utility buildings of less than two hundred eighty-eight (288) (twelve (12) feet x twenty-four (24) feet) square feet;

(7)

The addition of paved parking spaces (including driveways, aisles and back up space) up to a maximum of five thousand (5,000) square feet, or the reduction of up to one (1) parking space for every preserved, protected tree four (4) inches in diameter or greater as measured a four (4) feet above grade;

(8)

Expansion of up to ten (10) percent of gross floor area or enlargement of building envelope which does not require the addition of more than five (5) parking spaces.

All other amendments to an approved site plan (or development that may have existed prior to any requirement for an approved site plan) may be authorized consistent with the city's land development code.

An applicant for minor site plan approval shall make application for approval on forms prescribed by the planning department. Any fee set by the city council by resolution shall be paid at the time of submitting an application.

(Ord. No. 881, § 18.17, 6-26-2017)

Purpose and intent. The purpose of this section is to describe the requirements and procedures necessary to implement the concurrency provisions of the City of DeFuniak Springs' Comprehensive Plan. Specifically, this article is intended to ensure the availability of public facilities and services and the adequacy of those facilities at adopted levels of service concurrent with impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact for a development upon the adopted minimum acceptable level of service for potable water, sewer, solid waste, drainage, parks and recreation, roadways and mass transit facilities and/or services as provided in the city of DeFuniak Springs' Comprehensive Plan.

(1)

General regulations.

a.

Certificate of concurrency required. A certificate of concurrency shall be required prior to the issuance of any development permit, with the exception of those listed in subsection (2) of this section. If a development will require more than one (1) development permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development permit.

b.

Initial determination of concurrency. At the request of the applicant or at the discretion of the city, an initial determination of concurrency may be performed for preliminary development orders and a conditional certification of concurrency issued for development permits shall be binding.

c.

Expiration of certificate of concurrency. A certificate of concurrency shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event that the development permit does not have a specific expiration date, the certificate of concurrency shall expire six (6) months from the date of the issuance of the development permit. In the event that a time extension is granted prior to the expiration of the development permit, the accompanying certificate of concurrency shall automatically be renewed for the duration of the extension given to the accompanying development permit. Should the extension exceed one (1) year from the date of the issuance of the original development permit, a new concurrency review shall be performed for which a reasonable fee shall be assessed in order to defray the cost of the new review.

d.

Burden of proof. The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The City of DeFuniak Springs will assist in the preparation of the necessary documentation and information.

(2)

De Minimis exemptions.

a.

Generally. If a proposed development relates to land use of such low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the City of DeFuniak Springs' Comprehensive Plan, the development shall be exempt from concurrency review.

b.

De minimis activities. The following development activities shall be deemed deminimis:

1.

Certain construction. The construction of:

i.

Room additions to residences, pursuant to item (4)(c) below;

ii.

Accessory structures, but not accessory apartments;

iii.

Swimming pools;

iv.

Fences;

v.

Signs; and

vi.

Communications towers.

c.

Removal of trees. Removal of trees, except that tree removal shall not be considered a de minimis activity for the purpose of determining compliance with the stormwater drainage level of service.

d.

Replacement of structures. The replacement of structures destroyed by fire, hurricanes, tornadoes or other acts of God not exceeding the area and cubic content of the structure prior to its destruction.

e.

Limited de minimis exemptions for single-family dwelling units. Single-family dwelling units shall be deemed de minimis for the following facilities and/or services:

1.

Roads, providing that the dwelling unit is not located within one-fourth mile of a road segment that is operating below the adopted level of service.

2.

Stormwater drainage, provided that the single-family dwelling unit up to quadruplex (in this case only) is not part of a larger development.

3.

Sewers. Sewer, provided that construction meets the requirements of the Department of Health and Rehabilitative Services (HRS) related to wastewater systems. Specifically excluded from this exemption are room additions consisting of bedrooms or bathrooms.

(3)

Concurrency review.

a.

Generally. The City of DeFuniak Springs shall use the procedures listed below to determine compliance of an application for a development order with its concurrency management system. At the time of application for a development order, a concurrency evaluation shall be made to determine availability of the facilities or services required to be concurrent. An application for a development order shall provide the city with all information required so as to enable the concurrency evaluation to be made. Upon receipt of a complete concurrency review application, the City of DeFuniak Springs shall perform the concurrency evaluation for each of its public facilities and services. A concurrency review application shall not be deemed complete until all applicable permits, verification letters or other proof has been submitted pursuant to subsection (3)b. of this section.

b.

Evaluation.

1.

Roads.

i.

Generally. The evaluation for roads shall compare the existing level of service standard to the adopted level of service standard established by the city's comprehensive plan for the impacted roads. The level of service shall be determined for conditions of the existing roads, to include any committed or funded improvements to those roads, meeting the minimum requirements for concurrency set forth in subsection (3)c. of this section.

ii.

Submittals. The applicant for a development order shall submit to the city along with the application for a development order the following information:

a)

The legal description of the development site;

b)

The street address of the development site, if applicable;

c)

A written statement indicating the nature and extent of the proposed development.

d)

Any other information that may reasonably be required for the concurrency evaluation.

iii.

City review. The city will then conduct a transportation concurrency review of the proposed project based on the trip-generated characteristics including the type of land development activity based on the ITE code, independent variables, trip rate, trip length and percentage of new trips.

iv.

Traffic Impact Analysis. The applicant for a development order shall perform a Traffic Impact Analysis (TIA) as described below.

a)

Pre-application meeting. An application meeting between the city and the applicant is required. The purpose of this meeting will be to review the methodology and procedure for calculation of trip generation rates, and to determine the study area and study period. This will usually be a PM peak hour analysis of adjacent street traffic; however, other time periods may require analysis or may be considered by the city where adjacent street traffic-based studies do not exist. The applicant shall use equations or rates from Trip Generation: An ITE Informational Report, latest edition. If the co-efficient of variation is (R2>=0.75), then equations shall be used; otherwise, rates shall be used. The transportation study shall be prepared, signed and sealed by a Florida registered engineer.

b)

Define study area. The study area is defined as one-half (½) vehicle mile or three (3) percent of the maximum service volume of the impacted roadway(s) and is considered to be the primary impact area affected by traffic associated with the site. However, additional distance or a radius around the site may be established based on the average trip length associated with the proposed land use as approved by the city. The primary impact area will be approved by the city at the pre-application meeting.

c).

Existing conditions. The following existing conditions shall be provided in the TIA:

1.

Existing PM peak hour traffic volumes and level of service on all collectors and arterials within the study area as agreed during the methodology meeting.

2.

Existing turning movement volumes at the impacted intersection(s) and intersection(s) level of service (LOS). Specify the LOS standard for intersections. It may be by approach, by movement, overall intersection, or v/c ratio < 1.0.

d)

Sources of data.

1.

The above required data shall be no older than the previous calendar year. Volumes shall be adjusted to reflect annual conditions using current FDOT seasonal adjustment factors for the city or other adjustment factors approved by the city.

2.

Required level(s) of service for roadways shall be determined in accordance with the adopted level(s) of service of the roadway provided in the Transportation Element of the City of DeFuniak Springs Comprehensive Plan.

3.

The publication "Trip Generation: An ITE Informational Report", latest edition, as published by the Institute of Transportation Engineers shall be used for independent variables and other information to prepare the report.

e)

Projection of future roadway traffic. Roadway volume(s) shall be projected for each development phase including the year of the project completion. Volume(s) can be determined using one (1) of the following procedures:

1.

Multiplying existing volumes by the annual growth factor provided by the city. Traffic generated by any major project approved since the traffic counts shall be included as background traffic.

2.

Multiplying existing volumes by an annual growth factor developed by the applicant and approved by the city. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic.

3.

Using projections from an area modeling effort.

4.

Methodology regarding projection of intersection(s) turn movements and level of service shall be established at the pre-application meeting.

f)

Projection of traffic generation. The following procedures and information shall be provided:

1.

To determine traffic generation, the latest edition of the ITE Trip Generation Report shall be used or trip rates may be obtained from studies of comparable sites in the City of DeFuniak Springs or standards adopted by the city, and are subject to approval by the city.

2.

Identify all land use codes, amount of development and trip rates.

3.

Any proposed reduction factors for internal capture of trips between land uses of a mixed use project or for passerby trips shall be provided by the applicant at the pre-application/methodology meeting and approved by the city. Pass-by trips shall be less than ten (10) percent of the adjacent street peak hour traffic.

g)

Projection of traffic distribution/assignment. Project traffic distribution shall be based on reasonable and acceptable industry assumptions and methodologies as applied to the individual site(s) conditions to be approved by the city in the pre-application meeting.

h)

Transportation system management strategies. A discussion of any proposed transportation system management strategies shall be included in the study.

i)

Provisions and measures. Provisions and measures which may be attached to the concurrency compliance certificate to mitigate or alleviate degradation of traffic level of service caused by impacts of the development may include, but are not limited to:

1.

Project phasing. A project may be divided into logical phases of development area, with approval for certain phases of the development occurring concomitant with needed facilities being placed in service.

2.

Out parcels. Those portions of the project characterized as outparcels that create separate and unique impacts shall be permitted when ingress and egress is provided only through the primary parcel and approved by the city.

3.

Access management. Access to the site shall be designed to reduce or eliminate the impact of the development upon the abutting roadway facility. This may include parcel-to-parcel access drives.

4.

Physical roadway improvements. The developer of a site may construct capacity improvements, acceleration /deceleration lanes, intersection improvements or frontage roads as approved by the city.

5.

Operational improvements. The developer of a site may construct intersection improvements, including turning lanes, installation of or change in timing to signals as approved by the city.

6.

Bicycle/pedestrian improvements. The developer of a site may construct bikeways or sidewalks connecting to existing or planned network facilities or provide access to a school, park, shopping center, etc.

7.

Other measures. The developer may be required to implement other provisions for on- or off-site improvements that would reduce vehicular traffic impacts, based upon a plan originated by the developer and approved by the city and any other appropriate entities.

2.

Potable water.

i.

Submittals. The applicant for a development permit shall submit, along with the application for a development permit, proof that sufficient capacity exists as demonstrated by one (1) of the following:

a)

If the service provider is other than an on-site potable water well, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a development order by the city, the applicant may be required to provide evidence of a contract with the service provider, indicating the provider's commitment and ability to serve the proposed project; or

b)

Permits issued by the NWFWMD for a potable water well to serve the development.

c)

A notarized statement or affidavit that there is an existing functioning potable water well on the site.

ii.

Presumption of available capacity. A presumption of available capacity shall be rendered by the City of DeFuniak Springs upon receipt of one (1) of the above.

3.

Wastewater.

i.

Submittals. The applicant for a development permit shall submit, along with the application for a development permit, proof that sufficient capacity exists as demonstrated by one (1) of the following:

a)

If the proposed service provider is other than an on-site septic system, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a final development order by the city, the applicant may be required to provide evidence of a contract with the service provider indicating the provider's commitment and ability to serve the proposed project; or

b)

All applicable HRS permits for an on-site septic system, pursuant to Florida Administrative Code 10D-6, are obtained; or system have been paid.

c)

Proof the city impact fees for the provision of a wastewater system have been paid.

ii.

Presumption of capacity. A presumption of available capacity shall be rendered by the city upon receipt of one (1) of the above.

4.

Drainage.

i.

Submittals. The applicant for a development permit shall submit, along with the application for the development permit, proof that sufficient capacity exists as demonstrated by one (1) of the following:

a)

All applicable FDEP permits for stormwater management systems, pursuant to Florida Administrative Code 17-25, are obtained; and/or

b)

All applicable FDOT permits for drainage connections, pursuant to Florida Administrative Code 14-86, are obtained; and/or

c)

All applicable NWFWMD permits, pursuant to F.S. §§ 373.451—373.4595, (the Surface Water Improvement "SWIM" Act), are obtained.

ii.

Presumption of available capacity. A presumption of available capacity shall be rendered by the city upon receipt of the applicable FDEP, FDOT and/or NWFWMD permits.

5.

Solid waste.

i.

City-wide presumption of available capacity. Based upon the data and analysis contained in the city's comprehensive plan, adequate capacity exists for estimated demand for solid waste services through the planning period (1990—1995). Therefore, a presumption of available capacity for all development shall be rendered by the city for the period beginning December 1, 1990, through the submission of the first concurrency management system annual report. At such time, the available capacity for solid waste shall be re-assessed, and a determination made as to whether the presumption of available capacity is to be continued.

6.

Recreation and open space.

i.

City-wide presumption of available capacity. Based upon the data and analysis contained in the city's comprehensive plan, adequate capacity exists for an estimated demand for park and open space facilities through the planning period (1990—1995). Therefore, a presumption of available capacity for all development shall be rendered by the city for the period beginning December 1, 1990, through the submission of the first concurrency management system annual report. At such time, the available capacity for park and open space shall be re-assessed, and a determination made as to whether the presumption of available capacity is to be continued.

ii.

Minimum requirements for concurrency (determination of availability). In order to obtain a certificate of concurrency, one (1) of the following conditions must be satisfied for each of the public facilities and services, and such condition given in the certificate of concurrency:

a)

For potable water, sewer, solid waste and drainage. At a minimum, provisions in the city's comprehensive plan that ensure the following standards will be met to satisfy the concurrency requirement:

1.

The necessary facilities and services are in place at the time a development order is issued; or

2.

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of development occur; or

3.

The necessary facilities are under construction at the time a permit is issued; or

4.

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of subsection (ii)(a)(1) through (3) above. An enforceable development agreement may include, but is not limited to, a development agreement issued pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. Ch. 380. The agreement must guarantee that the necessary facilities and services are in place when the impacts of development occur.

b)

For parks and recreation. The concurrency requirement may be satisfied by complying with the standards in subsection (ii)(a)(1) through (4) above or by including in the city comprehensive plan provisions that ensure that the following standards will be met:

1.

At the time the development permit is issued, the necessary facilities and services are subject to a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the development permit; or

2.

The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220, or an agreement or development order issued pursuant to F.S. Ch. 380.

c)

For roads. The concurrency requirement may be satisfied by complying with the standards of subsection (ii)(a) and (b) above. In addition, in areas in which the city has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the city may satisfy the concurrency requirement for roads by basing this concurrency management system upon an adequate capital improvements program and schedule which, at a minimum, includes the following provisions:

1.

A capital improvements element and a five-year schedule of capital improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The capital improvements element and schedule of capital improvements may recognize and include transportation projects included in the first three (3) years of the applicable adopted FDOT five-year work program.

2.

A five-year schedule of capital improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period under the City of DeFuniak Springs' Comprehensive Plan's schedule of capital improvements.

3.

A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit and which public facilities are included in the five-year schedule of capital improvements.

4.

A five-year schedule of capital improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion.

5.

A five-year schedule of capital improvements which must demonstrate that the actual construction of the road must be scheduled to commence on or before the third year of the five-year schedule of capital improvements.

6.

A provision that a plan amendment would be required to eliminate, defer or delay construction of any road which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of improvements.

c.

Strategies to rectify lack of concurrency. Should a development not pass the above concurrency evaluation, several strategies may be used to rectify this, including the following:

1.

A plan amendment which lowers the adopted level of service standards for the affected facilities.

2.

An enforceable development agreement between the city and the developer which may include, but is not limited to, development agreements pursuant to F.S. § 163.3220.

3.

A change in the funding source.

4.

A reduction in the scale or impact of the proposed development.

5.

Phasing of the proposed development.

(4)

Adopted levels of service. The adopted Level of Service (LOS) standards for public facilities and services as contained in the City of DeFuniak Springs' Comprehensive Plan are hereby adopted by reference.

(5)

Monitoring.

a.

Annual report. The purpose of the annual report is to provide monitoring of public facilities and services to ensure maintenance of the adopted levels of service in a format which is accessible to the public.

b.

Contents. The City of DeFuniak Springs shall prepare an annual report as part of the Concurrency Management System that includes:

1.

A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage.

2.

A summary of building permit activity, indicating:

i.

Those that expired without commencing construction;

ii.

Those that are active at the time of the report;

iii.

The quantity of development represented by the outstanding building permits;

iv.

Those that result from the development permits issues prior to the adoption of this code; and

v.

Those that result from development permits issued pursuant to the requirements of this code.

c.

A summary of development permits issued, indicating:

1.

Those that expired without subsequent development permits;

2.

Those that are valid at the time of the report; and

3.

The phases and quantity of development represented by the outstanding development permits.

d.

A summary of development permits issued, indicating:

1.

Those that expired without subsequent building permits;

2.

Those that were completed during the period;

3.

Those that are valid at the time of the report but do not have associated building permits or construction activity; and

4.

The phases and quantity of development represented by the outstanding development permits.

e.

An evaluation of each facility and service indicating:

1.

The capacity available for each at the beginning of the reporting period and the end of the reporting period;

2.

The portion of the available capacity held for valid preliminary and development permits;

3.

A comparison of the actual capacity to calculated capacity resulting from approved development orders and development permits;

4.

A comparison of actual capacity and levels of service to adopted levels of service from the city's comprehensive plan;

5.

A forecast of the capacity for each based on the most recently updated schedule of capital improvements in the capital improvements element of the comprehensive plan.

f.

Prima facie evidence. The Concurrency Management System annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development permits during the twelve (12) months following completion of the annual report. The first annual report shall be presented to the city at a public hearing no later than June 1 of every year. Successive reports will be presented annually after this date.

g.

Assurances. The city shall make available suitable land for the building and expansion of service facilities, and shall require that future land uses be assured of adequate infrastructure and services. The city shall conduct an ongoing review and analysis of the infrastructure and services to meet the needs of future land uses adopted in the city's comprehensive plan. Development shall be required to provide such lands by dedication where appropriate.

(6)

Appeals. Appeals related to determinations of concurrency shall be made pursuant to the provisions below.

a.

Appeals from decisions of the city. A developer or any adversely affected person may appeal an order, decision, determination or interpretation of the comprehensive plan by the city subject to an appeal, specifying the grounds for the appeal. Appeals are made to the planning board by filing a notice of appeal with the city within thirty (30) days of the decision. Other appeals, including to an order, decision, determination or interpretation of the city's land development code by the City of DeFuniak Springs are made to the city in the same manner.

b.

Appeals from decisions of the planning board or city. A developer, an adversely affected party, or any person who appeared orally or in writing before the planning board or city and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision of the planning board or city to the city council.

c.

Record. The record to be considered on appeal shall be all written materials considered during the initial decision, any additional written material submitted by the appellant to the city, and any testimony considered on the hearing of the appeal.

d.

Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the city certifies to the planning board or city that by reason of certain facts, a stay would impose an imminent peril to life or property; in such case the appeal will not stay any further proceedings except by a restraining order.

e.

Procedure.

1.

The appellate board (City of DeFuniak Springs planning board or city council, whichever the case may be) shall hold a hearing on the appeal within a reasonable time after a notice of appeal is filed. The appellant shall be notified by the city of the time, date and place of the public hearing by certified mail, return receipt requested. The appellate board shall reverse the order, decision, determination or interpretation only if there is substantial competent evidence in the record that an error was made in the decision being appealed from that fails to comply with the requirements of this code. In so modifying such decision, the appellate board shall be deemed to have all powers of the officer or board from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

2.

The decision of the appellate board shall be mailed to all parties by the city.

f.

Appeals to circuit court. Any person, firm, organization or agency claiming to be injured or aggrieved by any final action of the city, City of DeFuniak Springs, planning board or city council arising from the decision-making or administration of this code may present to the circuit court of the City of DeFuniak Springs a petition for a writ or certiorari to review such final action as provided by the Florida Appellate Rules. Such action shall not be taken until the litigant has exhausted all the remedies available in this code. Such petition shall be presented to the court within thirty (30) days after the date the litigant has exhausted all such code remedies.

(Ord. No. 881, § 18.18, 6-26-2017)

(a)

Zoning and life safety compliance inspection. An inspection conducted by city personnel of an existing building or structure (premises) prior to its occupancy by any non-residential use.

(b)

Zoning and life safety compliance certificate. A required certificate allowing the use of a building or structure for a non-residential use issued after an inspection and a determination made that all requirements of applicable ordinances have been met.

(c)

Inspection prior to occupancy. Prior to occupying any existing building or structure that has been vacant (not physically occupied) for one hundred eighty (180) days or more by any person, business, non-profit organization, club, or any other entity for a non-residential use, the city shall conduct a zoning and life safety compliance inspection. The purpose of the inspection is to determine that the premises is safe for occupancy, for use by the public and meets applicable codes.

(Ord. No. 881, § 18.19, 6-26-2017)

(a)

Amendments—General. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the city council may by ordinance amend, supplement or change the regulations, district boundaries, or classifications of property, now or hereafter established by the land development code or amendments thereto.

(b)

Basis for reports. In reviewing and formulating the reports and recommendations to the town council on requested proposed changes in the zoning ordinance, the planning board shall consider and evaluate the changes in relation to all pertinent factors, including the following:

(1)

Character of district and substantial changes and development.

(2)

Conservation of property values.

(3)

Land use, traffic, recreation, schools, drainage, housing, etc.

(4)

Industrial site needs.

(5)

Facts and opinions received from public hearings.

(c)

Action by council. When recommendations initiated by the planning board are not acted upon by the town council within six (6) months, the recommendations shall be deemed to have been denied.

(d)

Minimum size of parcel. When a parcel of land has less than two hundred (200) feet of frontage or less than forty thousand (40,000) square feet in area, no amendment shall be enacted to change the zoning classification except to the existing zone classification of a property adjoining said parcel.

(e)

Limit on petitions. Whenever the planning board has received a petition for rezoning or a petition for a variance of property, the planning board shall not consider a petition for the same rezoning or requested variance on any part of the same property for a period of one year from the date of final action by the city council upon any such petition.

The above time limit for the planning board consideration may be waived by the council by the affirmative unanimous vote of the five (5) members, when the council deems such action necessary to prevent an injustice or to facilitate the proper development of the town.

(f)

Amendment procedure.

Who Files: Any person having a legal or equitable interest in any property in the district.

Filing of Appeal: The inspector who then transmits forms to the secretary of the planning board.

Notice of Hearing: For amendment of district boundaries and regulations in the district notice shall be given to all owners of property within the area to be changed and property owners within five hundred (500) feet at least fifteen (15) days prior to the hearing and notice of the hearing shall be published in a newspaper of general circulation in Walton County at least fifteen (15) days prior to such hearing.

Fees: The applicant shall be responsible for all fees incident to filing the application for amendment, including postage and publication costs, and said fees and costs shall be set by resolution of the city council.

(g)

Special approvals.

(1)

Request for special approval shall be filed with the building and zoning official who shall transmit the same to the planning board.

(2)

The planning board shall review the request and shall conduct a public hearing within sixty (60) days from receipt of the request for special approval.

(3)

All property owners within one thousand (1,000) feet must be given notice at least fifteen (15) days prior to a hearing for special approval and notice of the hearing shall be published in a newspaper of general circulation in Walton County at least fifteen (15) days prior to such hearing.

(4)

After the public hearing has been conducted, the planning board shall make a recommendation to the city council as to whether or not the special approval should be granted or denied.

(5)

The planning director shall advise the city council of the planning board's recommendation within thirty (30) days from receipt. The city council shall act upon the planning board's recommendation within thirty (30) days of receipt of same from the planning director.

(6)

The applicant shall be responsible for all fees incident to filing the application for special approval, including postage and publication costs, and said fees and costs shall be set by resolution of the city council.

(h)

Special approval requirements.

(1)

No building or structure shall be erected or altered or land or water used, or any changes of use consummated nor shall any building permit be issued therefor when special approval is required unless and until a development plan for such building, structure and/or use, shall have been presented to and approved by the planning board.

(2)

Any such building, structure and/or use shall be erected, altered, or installed, and maintained in full conformity with the provisions of this ordinance and with development plans which have been approved by the planning board.

(3)

In passing upon and approving such development plans the planning board shall consider the location, size, height, spacing, appearance, character and use of any buildings, structure or use and their appurtenances, access and circulation for vehicles and pedestrians, streets, parking areas, yards and open spaces, and relationship to adjacent property. The planning board shall not approve such development plan unless it finds that such development plan conforms to all applicable provisions of the zoning ordinance, that the health, safety and welfare of the public are properly provided for contiguous and nearby residential property. The planning board may attach to its approval of a development plan any reasonable conditions, limitations or requirements which are found necessary in its judgment to effectuate the purposes of this section and carry out the spirit and purpose of the zoning ordinance.

(4)

A development plan for the purposes of this section shall include, but not necessarily be limited to, the following plans, designs, specifications and information:

a.

Site plan with grades and contours.

b.

Elevations, floor plans and uses of all buildings and structures.

c.

Location and character of all outside facilities for waste disposal.

d.

All curb cuts, driveways, parking areas, loading areas and surfacing materials, of same.

e.

All pedestrian walks, malls, yards and open areas.

f.

Location, size, character, height and orientation of all signs.

(5)

The planning board may request reports on air pollution, sanitary sewerage, water supply, traffic conditions, or storm drainage from public or private agencies in order to arrive at a sound decision on a special approval permit.

(Ord. No. 881, § 18.20, 6-26-2017)

(a)

Short title. This section shall be known as the "Planned Project Regulations of DeFuniak Springs, Florida."

(b)

Jurisdiction. The area subject to these regulations shall be all property within the city limits of DeFuniak Springs, Florida.

(c)

Intent, permitted uses, definitions.

(1)

In districts where permitted or in instances involving a rezoning request for a planned project development (group housing development), the district regulations for principal buildings and single-lot development standards may be waived, if approved by the planning board and city council, provided the development conforms to minimum requirements hereof, and all other applicable requirements deemed appropriate by the city.

(d)

The planning board must approve permits for two (2) or more dwellings on the same lot.

(e)

The intent of this section is to:

(1)

Permit the construction of totally planned single-family cluster housing (attached, detached, zero lot line or combination thereof), duplexes, townhouses, condominiums and high-rise apartments or combinations thereof.

(2)

Require the preparation and approval of detailed site, landscape, traffic, and parking plans, and such other plans deemed necessary as a part of an overall development concept.

(3)

Require a specific amount of open space and recreation area to the total building area; and

(4)

Achieve an aesthetic and compatible relationship between buildings, yards, patios, parking areas, common open spaces, recreation areas and adjacent properties.

(f)

Within the areas or districts permitted, uses shall consist of attached or detached single-family units (traditional or clustered), duplexes, zero lot line houses, townhouses, and multifamily structures (i.e., triplexes, apartments, condominiums).

(g)

The following shall be conditional uses:

(1)

Uses secondary to residential units for primary services to project occupants shall be located entirely within a main project building and occupy no more than twenty (20) percent of the floor area of the building and no exterior advertising of products or services shall be permitted.

(2)

Mid-rise apartment buildings shall not exceed four (4) stories in height, provided the surrounding open space reserved for such buildings, landscaping, parking and recreation does not exceed a cumulative gross density (including streets, drives, recreation and open areas) of more than fourteen (14) units per acre.

(h)

Accessory uses incidental to a single-family duplex, townhouse and apartment-type dwellings shall include but shall not be limited to swimming pools, tennis courts, laundry rooms, maintenance buildings, recreational buildings, garages and carports.

(i)

For the purpose of this section, the following terms shall mean as indicated below:

(1)

Single-family cluster: A grouping of single-family structures (attached "zero lot line," or detached) located on a site designed to conserve space and provide open areas. The definition of attached single-family dwellings shall include townhouses, row houses and patio houses.

(2)

Apartments: A group of three (3) or more renter-occupied dwelling units within one building.

(3)

Condominium: The same as "apartment," but owner-occupied.

(4)

Duplex: A detached building having two (2) dwelling units.

(5)

Townhouse: A single-family dwelling unit constructed as part of a group of two (2) or more dwelling units with individual entrances, all of which are contiguous and share a common wall, and are owner-occupied.

(j)

Planning procedure. These regulations shall be administered and coordinated by the city planning board. It is the responsibility of this board to carry out the provisions of this article and make recommendations as to the suitability of proposed planned projects. A planned project development may be permitted in those zoning districts so designated. The following minimum procedures shall be required for review and approval:

(1)

Preapplication conference.

(2)

The developer is encouraged to contact the city planning director (or their authorized representative) to discuss tentative plans prior to the submission of the preliminary plans.

(3)

Preliminary plan documents: At such time the developer feels ready, he may initiate an application for planned project development review. Five (5) copies of the preliminary plan shall be required and submitted together with any required supplementary materials to the planning board (or agent). The plans shall be at a scale of not more than one hundred feet (100) to the inch, showing true North and contain the following information:

a.

The name of the developer and owner.

b.

A brief description of the locations of the property along with boundary lines of said tracts.

c.

The drawings and site plans shall be submitted in sufficient detail to clearly illustrate the overall development for which approval is sought.

d.

Contours and the location of major topographic and natural features, including wooded areas, marshes and water bodies which might affect development of the site.

e.

A traffic circulation plan including parking area, streets and pedestrian walks and their relationship to proposed buildings.

f.

Proposed recreational and open space facilities.

g.

Proposed means of water supply, and the location of any proposed water mains and fire hydrants.

h.

Proposed means of sewage disposal along with the location of any proposed sewer mains.

i.

Proposed location of all other utilities.

j.

Proposed location of garbage dumpsters.

k.

Typical floor plans and exterior elevations.

l.

The developer shall submit in writing all covenants, restrictions, and condominium documents that will govern the maintenance of open space, driveways and other common areas of the project. The legal instruments shall be submitted with the site plan and shall be subject to review and approval by the city attorney prior to the issuance of a building permit.

(4)

Preliminary plan approval: Preliminary plan information will be reviewed by the planning board within one (1) month of submission to them. At a regularly scheduled meeting the planning board shall, in writing, make a note of all deviations from the requirements of this article, if any, and shall state conditions of approval, if any, or the reasons for denial. The report of the city engineer, planning director or code enforcer concerning the planned project shall be presented to the planning board and the developer prior to the final decision concerning the preliminary plans. Upon approval of the preliminary plan by the planning board, the developer must submit a final plan within twelve (12) months. Failure to comply within the twelve (12) month submission deadline will result in the lapse of the preliminary plan approved.

Upon approval of the preliminary plans, two (2) copies shall be retained by the city engineer and the planning director.

(5)

Final plan submission and approval: Upon preliminary plan approval, the developer may, within one (1) year, submit five (5) copies of the final plan and required supplementary materials along with a written application for final approval to the city planning board (or agent) for approval. The final plan shall conform substantially to the approved preliminary planned development project plan and all conditions specified in previous actions. The construction plan of the developer may be limited to those portions of the final plan which he proposes to construct at the time; provided, however, it conforms to all requirements of this article. All final plans shall be approved by the city engineer, the planning director or code enforcer and forwarded to the planning board for their final approval. Upon approval of the final plan by the planning board, the final plan will be transmitted to the city council for their approval. After having received the approval of the city council, the final plan shall be signed by the mayor of the city. Approval shall not constitute acceptance by the public of the dedication of any street, other public way or ground. All dedications shall be by separate instrument and approved by the city council. Once a plan has been accepted by the city council, and section 18-64 requirements are met, a building permit may be issued.

(k)

Bonding. No final plan of any planned project shall be granted approval by the city council until the developer has satisfactorily guaranteed that improvements required under this section shall be installed. Such improvements shall be made within a specified period of time, not to exceed two (2) years. Said guarantee shall be made in one (1) of the following ways:

(1)

A surety bond executed by a company in Florida, payable to the City of DeFuniak Springs in sufficient amount to assure completion of improvements, as determined by the city council.

(2)

A cash deposit in an escrow account in sufficient amount to assume completion of improvements, as determined by the city engineer.

(3)

A construction loan agreement may be used, provided the developer and a qualified lending institution enter into an agreement with the city where by the developer is bound to complete the work, and the lender is bound to advance the funds as the work is completed, thereby providing for completion of the work in event of the developer's default.

(l)

Fees. At the time of filing the application for preliminary plan review, the developer shall pay a fee to the city in the amounts as follows: Twenty-five dollars ($25.00), and all expenses incurred by the city if the city has to use an outside consultant.

(m)

Legal provisions.

(1)

Validity: If any section, clause or phrase of this section is adjudicated to be void such decision shall not affect the validity of the article as a whole, or any part thereof other than the part so declared to be invalid or unconstitutional.

(2)

This section may be amended by the city council by notification and hearing as specified by law.

(3)

Should the requirements of this section conflict with those of any other regulation or ordinance of DeFuniak Springs, Florida, the regulation or ordinance requiring the higher standard shall prevail.

(4)

These regulations shall be in effect from and after their passage, approval, and publication according to the laws of the State of Florida. Any development plan submitted and accepted by the city prior to the effective date of this article shall not be subjected to the provisions of this article.

(n)

Violations. Any person violating the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided under F.S. §§ 775.082 or 775.083.

(o)

Variances. Where strict adherence to the provisions of this article would cause an unnecessary hardship due to topographical or other conditions peculiar to the site, or strict adherence to this article is impossible or impractical, the planning board may recommend and the city council authorize a variance. Such a variance shall apply only to the requirements directly affecting the particular hardship, and shall not be detrimental to the intent of this article. Any request for a variance shall be submitted in writing to the city planning board, reviewed by their staff, and then transmitted to the city council for approval.

(p)

General standards. There shall be no diminution of the regulations and standards set forth in this section for planned project developments:

(1)

Environmental control standards: The reviewing body shall examine the proposed project to ensure its orientation on the premises in a manner providing the least impact on the natural environment and to surroundings.

(2)

Performance standards: The performance standards for all planned project developments shall be as follows:

a.

Construction of all projects shall be initiated within one (1) year and completed within two (2) years after approval of the final plan unless otherwise specified or approved by the planning board.

b.

The owner of a project shall provide for or permanently maintain all landscaped areas. All landscaped areas shall be subject to review and approval by the city engineer and where required by the planning board.

c.

Unless waived by the city council, the applicant of a project shall provide a statement of assurances including covenants, agreements, and other documents, showing the ownership and method of providing maintenance of the areas within the project used or allocated for open space, recreational activities or other common quasi-public purposes.

d.

All conditions of approval shall be in writing and constitute a part of the approval of the reviewing body. The reviewing bodies may impose such other special conditions as necessary to ensure that there shall be no departure from the intent of this article.

e.

There shall be no change, alteration, amendment, or extension, of any approved planned project development unless such change, alteration, amendment, or extension is approved in conformity with this article.

(3)

Off-street parking and access standards: The off-street parking and access standards for all planned project developments shall be as follows:

a.

Off-street parking area including required parking spaces, moving aisles, access lanes, and related off-street parking appurtenances shall comply with all ordinances of the City of DeFuniak Springs.

b.

Areas shall be provided for the loading and unloading of delivery trucks and other service vehicles, and addition to the required automobile parking space. Areas shall be of adequate size for such purposes and so arranged that they may be used without blockage or interference with the use of access ways or automobile parking facilities.

c.

All off-street parking facilities located either below-or-above ground level shall be designed and constructed so that entrance and exit ramps do not result in direct or indirect traffic congestion on the site or on adjacent streets.

d.

All private access roads serving a planned project development shall have a minimum pavement width of twenty-four (24) feet and a minimum right-of-way of forty (40) feet.

e.

All off-street vehicle loading and unloading areas and access roads shall be constructed in accordance with the ordinances relating thereto.

f.

All landscape traffic separation strips shall not be less than five (5) feet in width and shall be constructed on all access roads to the off-street parking areas.

g.

Where possible, all entrances to parking areas from access roads shall be at least two hundred (200) feet apart.

h.

Access drives on all collector or arterial streets serving a planned project development shall be properly located and spaced. The city engineer may approve the use of temporary access drives. All temporary access drives shall be eliminated by the developer when the permanent access drives are constructed.

i.

No planned project development shall be permitted providing vehicular access to a minor residential street unless specifically approved by the city engineer.

j.

Lighting facilities shall be arranged in a manner to prevent a direct glare or a hazardous condition on approaching adjoining street or properties.

(4)

Minimum planned development project area and width: No planned project development shall be approved on any tract which does not contain at least enough land so that the requirements of the zoning ordinance requirements can be met.

(5)

Planned project development dimensional requirements:

a.

Single-family cluster, patio houses, zero lot line houses, or duplex buildings:

1.

Setback requirements: See subsection 18-43(d).

2.

Spacing requirement: Buildings shall be no closer than twenty (20) feet at any point.

3.

Patios, garages or carports need not be separated if a common wall is built between them.

4.

Building coverage: Single-family cluster houses, patio houses, duplexes or multifamily buildings shall occupy no more than fifty (50) per cent of the total land area set aside for their use by the approved plan.

5.

Size of units: No units of less than five hundred eighty (580) square feet for one (1) bedroom units shall be approved. An additional one hundred (100) square feet shall be required for each additional bedroom.

b.

Townhouses:

1.

Minimum yard requirements: See subsection 18-43(d).

2.

Minimum floor area: Townhouses having a minimum of five hundred eight (580) square feet of floor area for single-bedroom units, plus one hundred (100) square feet for each bedroom over one.

c.

Apartments or condominiums:

1.

Minimum spacing requirements: See subsection 18-43(d).

2.

Minimum liveable floor area:

(6)

Planned project development screening required: A minimum five-foot high screen shall be provided along the side and rear lot lines that abut on a single-family residential area as shown on the zoning map or land-use plan but shall not be required across the front or along the side lot lines abutting a street, park, or golf course. Screen areas may be constructed with an evergreen hedge, or wood, but shall not be more than seventy-five (75) percent solid, or a decorative masonry wall with the top two (2) feet being fifty (50) percent solid. Hedges shall be of sufficient capacity and density to prevent automobile headlights from shining on adjacent residential property. Plant materials shall be three (3) feet in height unless a greater height is recommended by the planning board.

(7)

Architecture and environment quality guidelines: In order to promote architectural and environmental quality, the developer shall utilize the following guidelines in designing projects:

a.

The architectural design shall be in a manner to afford maximum possible privacy for each single-family, duplex, townhouse, and multifamily dwelling. Visible privacy for each unit shall be provided through structural screening and landscaping.

(8)

The scheme of architectural design shall give due consideration to the existing characteristics of the improvements and the use of adjacent and surrounding lands.

(9)

Sidewalks: The developer shall construct sidewalks according to the city specifications along that part of the perimeter of the property that is adjacent to an arterial street or collector street as defined in the comprehensive plan.

(10)

Standards and requirements deemed minimum: The standards and requirements listed herein are deemed the minimum standards necessary to achieve the purpose of this article.

(11)

Utility lines: All utility lines shall be placed underground.

(12)

Street-lights: Street-lights shall be provided for all public access roadways.

(q)

Minimum requirements for the installation of improvements. These standards are the same as those required in the city subdivision ordinance, and other pertinent ordinances.

(Ord. No. 881, § 18.21, 6-26-2017)

(a)

Requirements for variances. The city council has the authority to grant such variances as it deems in the best interest of the citizens of DeFuniak Springs after receiving recommendations from the planning board as provided for in Chapter 12 of the DeFuniak Springs zoning code.

(b)

Petition. Anyone desiring a variance to the zoning code shall file a petition requesting the variance and the petition shall contain the following information:

(1)

The names and addresses of the petitioners.

(2)

The names and addresses of the owners of the property for which the variance is being requested.

(3)

The legal description and street address of the property for which the variance is requested.

(4)

The present zoning classification of the property.

(5)

The type of variance that is being requested.

(6)

The reason the variance is wanted and needed.

(7)

The proposed use of the property.

(8)

The character of the surrounding property and neighborhood within one thousand (1,000) feet of the property for which the variance is being requested.

(9)

The names and addresses of the property owners within one thousand (1,000) feet of the property for which the variance is requested.

(c)

Presentation of petition. The petition shall then be presented to the planning department who shall review the petition to determine that it is in its proper form. If the planning department determines that the petition is in proper form, he shall present the petition to the planning board who shall review the petition within thirty (30) days from the day it is received by the planning department.

(d)

Planning board review. The planning board shall review the petition and present its recommendation in writing concerning the request to the planning department.

In considering variances to the zoning code, the planning board shall, before making a decision in a specific case, first determine:

(1)

That the proposed variation does not constitute a change in the districts shown on the zoning map;

(2)

That the proposed variation will not significantly increase congestion in the public streets nor impair the public safety;

(3)

That the proposed variation will not impair the established values of property in the surrounding area;

(4)

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;

(5)

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

(6)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings or structures in the same zoning district;

(7)

That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by others in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant;

(8)

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

(9)

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

(e)

Hearing on petition. Upon receipt of the planning board's recommendation by the planning department, the planning department shall cause a copy of the petition to be mailed to those entitled to a copy and shall notify those persons of the date on which the city council shall consider the requested variance. A copy of the petition and notice of hearing on the petition shall be mailed thirty (30) days prior to the date of the hearing. A copy of the petition and notice of hearing shall be kept available for public inspection during regular business hours at the office of the planning department. In addition to the notification by mail, the clerk shall have published in a newspaper of general paid circulation in Walton County a notice that contains the following:

(1)

A legal description and street address of the property for which the variance is being requested.

(2)

The type of variance that is being requested.

(3)

The date, time and place at which the hearing on the variance will be held.

(f)

Costs. The applicant shall be responsible for the filing of variance application and shall pay all fees and costs set by resolution of the city council.

(Ord. No. 881, § 18.20, 6-26-2017)

(a)

Membership and appointment. The planning board shall consist of seven (7) voting members and three (3) nonvoting ex-officio members. There shall be one (1) voting planning board member appointed by each council member and appointees shall serve during the term of the council member who appointed the planning board member. Of the three (3) ex-officio members, one (1) appointee shall be a representative of Eglin Air Force Base and one (1) shall be a representative of the county district school board. There shall be two (2) voting planning board members appointed by the mayor who will serve three-year terms from the date of appointment. The mayor shall also serve as an ex-officio member of the planning board. A chairman and vice-chairman shall be chosen from the seven (7) voting planning board members every year at their first meeting in May. There shall be at least four (4) voting members present before business shall be conducted. Any voting member of the planning board who is absent from more than fifty (50) percent of the meetings in a six-month period shall be removed and the city council member or mayor that appointed the member shall be responsible for appointing a new member to the planning board within thirty (30) days.

(b)

Meetings. The planning board shall hold regular meetings, at least once in each calendar month. A public record shall be kept of all resolutions, findings, and determinations.

(c)

Powers and duties. The planning board shall have the power and shall be required to:

(1)

Receive and review after submission to the planning department all petitions for zoning amendments and all variances to the zoning code using the applicable guidelines established by the city council and make recommendations concerning the amendments or variances.

(2)

Receive and review after submission to the planning department all plats and plans for subdivision and or planned projects.

(3)

Recommend to the city council amendments, extensions and additions to the master plan for the physical development to the town. Make recommendations to the city council concerning plats and/or subdivisions of land within the corporate limits.

(4)

Make recommendations to the city council concerning clearance and rebuilding of slum districts in blighted areas within the town.

(5)

Make recommendations to the city council for the replanning, improvement and redevelopment of any area or district which may be destroyed in whole or in part or be seriously damaged by fire, earthquake, flood or other disaster.

(6)

Make recommendations to the city council for the addition, extension and expansion of long-range utility improvements.

(7)

The planning board shall have the power to:

a.

Require information which shall be furnished within a reasonable time from the other departments of the municipal government in relation to its work.

b.

Require any one submitting petitions for zoning amendments, variances or presenting property for platting and subdividing or planned projects to furnish such materials or information as needed for the planning board to adequately determine the best recommendation to be made to the city council concerning the petitions for zoning or the subdividing or the particular projects.

c.

In the performance of its functions, enter upon any land and make examinations and surveys and place and maintain necessary monuments and markers thereon.

(Ord. No. 881, § 18.23, 6-26-2017)