The city council shall appoint a suitable person to act as community development manager to enforce the provisions of this code, and such other order, resolution or directive as may be issued by the city council under the authority vested in them by law. The community development manager may be one of the members of the planning commission.

A permit bearing the approval of the community development manager shall be obtained prior to the construction, moving, reconstruction, or structural alteration for any purpose of any buildings or structures in the area zoned pursuant to the zoning code.

No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land or water, without payment for the water meter and sewer tap fee, if applicable to said permit. The amount to be charged for the water meter and sewer tap fee shall be established from time to time by resolution of the city council.

All applications for building permits made in conformity with this code shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this code. One copy of such plans shall be returned when approved by the community development manager, to the owner.

No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land or water, which is not in conformity with all the provisions of the zoning code.

The issuance or granting of a development order or development permit, which is clearly in error and not consistent with a code standard, shall be corrected upon its discovery. If an applicant contends that estoppel applies to prevent the correction of the error, a dispute resolution meeting shall be scheduled as soon as possible with the intent of resolving the matter without litigation.

Before any permit shall be issued for the construction, reconstruction, or repair of any building, the permit application fee, based on the following schedule on file in the clerk's office, shall be paid.

Before any person, partnership, or corporation shall be entitled to a building permit, such person, or in the event the applicant is a corporation or a partnership or an agent thereof, shall make and file with the community development manager a sworn estimate of the actual cost of such construction or repair. Such sworn estimate shall be made in writing on forms furnished by said community development manager and shall be subscribed and sworn to by applicant, or applicant's agent.

It is the intent of this code that:

(1)

If in the opinion of the community development manager a violation of the zoning ordinance has occurred, the community development manager shall send a written notice of said violation to the owners of the property by certified mail. The owner(s) shall have 30 days to correct the violation unless, in the opinion of the community development manager, there is an imminent peril to the life and property of persons adjacent to the alleged violation in which case the violation shall be corrected immediately. Where determinations of violation can be made by the community development manager using equipment normally available to the city or obtainable without extraordinary expense, such determination shall be so made before notice of violation is issued.

(2)

Where technical complexity or extraordinary expense make it unreasonable for the city to maintain the personnel or equipment necessary to make the determination of violation, then the city shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation in addition to the other penalties prescribed by this code. If no violation is found, cost of the determination shall be paid entirely by the city.

Effective with the adoption of this ordinance, the city council shall appoint five citizens to act as the planning commission. The initial terms of office shall be for three years. The planning commission members will elect one of their members to serve as chairman.

The planning commission duties are to conduct public hearings on applications for future land use amendments, development orders, development permit and other applications as specified in this code and to make recommendations to the city council regarding such applications; to prepare amendments to the comprehensive plan, zoning code and land development regulations for city-initiated applications; and to hear appeals as specified by this code. The planning commission is designated as the local planning agency for the purposes set forth in F.S. ch. 163.

Cross reference— Planning commission, § 94-31 et seq.

Except for zoning amendments to the planned unit development district, no amendment to the zoning code to rezone property shall contain conditions, limitations, or requirements not applicable to all other property in the zoning district to which the particular property is rezoned.

Whenever the planning commission has taken action to recommend denial of a petition for rezoning of property, the commission shall not consider any further petition for the same rezoning or any kind of zoning of any part of the same property for a period of one year from the date of such action.

Whenever the city council has changed the zoning of property, the planning commission shall not consider any petition for rezoning of any part of the same property for a period of one year from the effective date of the amendatory ordinance.

(a)

The following procedures shall be followed in considering applications:

(1)

A petition for rezoning of land may be filed by or on behalf of an owner thereof or by a person having a legal or equitable interest therein.

(2)

Petitions for change of zoning of a parcel of property shall be addressed to the planning commission and shall be filed with the community development manager. Such petitions shall contain or be accompanied by all pertinent information pertaining to the criteria for rezoning as set forth herein.

(3)

The application shall be consistent with the comprehensive plan and the future land use map. In their review, recommendation, and decision on a rezoning application, the planning commission and city council shall consider:

a.

Whether it is consistent with the comprehensive plan.

b.

Its impact upon the environment and natural resources.

c.

Its impact on the surrounding area with regard to the proposed use(s), intensity, density, scale, mass, bulk, height, lot configurations, architecture, and building orientation of surrounding uses (if applicable) and the intensity, density and scale of surrounding development.

d.

Its impact upon the economy of the surrounding area and any other affected area.

e.

Its impact upon any existing necessary governmental services such as schools, sewage disposal, solid waste, or transportation systems, or any other infrastructure.

f.

Any changes in circumstances or change in conditions of the surrounding area.

g.

Any mistakes in the original zoning classification other than re-classifications due to inadvertent boundary errors, including clerical or scrivener's errors, which may be corrected administratively.

h.

Its effect upon the use or value of the affected surrounding area.

i.

Its impact upon public health, welfare, or safety.

(4)

Planning commission.

a.

The planning commission shall evaluate the rezoning application, staff report, and public testimony, and make a recommendation to the city council to approve, approve with conditions, continue the hearing for additional information or further study, or deny the application. No recommendation for a change in zoning district classification shall be made by the planning commission unless and until a public hearing as hereinafter prescribed has been held.

b.

Recommendations made by the planning commission at the conclusion of the required public hearing shall set forth the reasons for the recommendation, addressing how the application does or does not comply with the rezoning review criteria set forth above. All reasons shall be based on information contained in the application, or submitted or arising during testimony at the public hearing.

(5)

City council decision.

a.

The city council shall take action at a public hearing on an application for rezoning by approving, approving with conditions, continuing, remanding for additional information or further study, or denying the application. In taking action, the city council shall evaluate the application, staff report, any public testimony, and the planning commission's recommendation. All final decision actions shall be based on the application's compliance with the review criteria for the rezoning as set forth above.

b.

Decision of council at the conclusion of the required public hearing(s) on the rezoning shall be accomplished by adoption of a zoning ordinance. If council denies the rezoning, it shall enter written findings of fact and an order addressing how the application does not comply with the relevant review criteria for rezoning. All findings of fact shall be based on information contained in the application, or submitted or arising during testimony at the public hearing.

Refer to chapter 94, article II, Planning Commission, subsection 94-37(16).

(a)

The following application requirements shall be met for a rezoning application to change the zoning to RBO, B-2, B-3, B-4, B-5, B-6 or NBR.

(1)

Applicants for rezoning to a RBO, B-2, B-3, B-4, B-5 or B-6 zone shall submit to the community development manager an application which includes the following:

a.

Names, mailing addresses, telephone numbers, and e-mail addresses of the property owner, agent, contract purchaser, developer, designer, professional engineer, and registered surveyor, as applicable.

b.

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

c.

Written narrative addressing how the criteria for rezoning approval pursuant to section 13.11 are met.

d.

Existing site data.

(2)

Vicinity map - drawn to scale, or 1 inch = 400 feet if deemed appropriate by the community development manager;

(3)

Legal description;

(4)

Total acreage in tract, acreage in existing land usage, total number of lots (if applicable), and linear feet in streets;

(5)

Description of adjoining land uses;

(6)

Existing zoning for the subject property and adjacent properties;

(7)

Existing site survey, including:

a.

All information from boundary survey;

b.

Existing streets, bridges, sidewalks, parking lots, and other paved areas;

c.

Building foundations, walls, fences, seawalls, and other manmade structures;

d.

Above- and below-ground utility lines and infrastructure, including potable water, sanitary sewer, stormwater drainage, wells, electric power, telecommunication, and any other private utilities;

e.

Stormwater drainage facilities, including ditches, culverts, detention/retention ponds, inlets, etc.;

f.

Signs and other accessory structures;

g.

Spot grade elevations of building corners and other significant structures;

h.

Finished floor elevations of principal structures.

(a)

The following procedures shall be followed:

(1)

Applicability. No development shall occur except pursuant to development plan approved by a development order.

(2)

Development plan applications shall be submitted and reviewed in accordance with the following requirements. This section does not apply to construction of improvements within a proposed subdivision, which is governed by chapters 97 and 98 of this Code.

(3)

The development plan shall include the following:

a.

Names, mailing addresses, telephone numbers, and e-mail addresses of the property owner, agent, contract purchaser, developer, designer, professional engineer, and registered surveyor, as applicable.

b.

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

c.

Existing site data:

1.

Environmental assessment, including information from topographical and/or tree surveys, if applicable:

(i)

Approximate location and extent of the general soil types and their limitations for the proposed use of the property;

(ii)

Actual listed species (if any) based on field survey;

(iii)

Specific soil types and their limitations for the proposed use. Marion County soils survey should be used. Borings may be required.

2.

Topographical survey, if applicable, including:

(i)

All information from boundary survey;

(ii)

Information from existing site survey, as appropriate;

(iii)

One-foot vertical contour intervals based on mean sea level data;

(iv)

Mean high water line;

(v)

100-year floodplain and base flood elevation as indicated on the Federal Emergency Management Agency's flood insurance rate maps;

(vi)

Water bodies, ponds, or watercourses;

(vii)

Wetland areas, including jurisdictional boundary lines of the Florida Department of Environmental Regulation and the U.S. Army Corps of Engineers.

d.

Proposed site data:

1.

Total acreage in tract, acreage in proposed land usage, total number of proposed lots (if applicable), and linear feet of proposed streets;

2.

Description of proposed use(s), including type, number of units, approximate square footage of buildings, and general site layout;

3.

Proposed density and floor area ratio (include calculations and exemptions);

4.

On-site open spaces;

5.

Traffic impact study (for projects generating more than 100 daily trips per day), including:

(i)

Peak hour (a.m. and p.m.) trip generation of proposed development utilizing most recent edition of the Institute of Traffic Engineers Trip Generation Manual, and accounting for pass-by and internal trip capture;

(ii)

Trip distribution and assignment to roadway network;

(iii)

Location of proposed access points;

(iv)

Demonstration that proposed access driveways comply with code standards and FDOT permitting requirements for US 41 and the county permitting requirements for CR 484;

(v)

Evaluation of applicable warrants for turn lanes, intersection improvements and signalization; and

(vi)

Proposed improvements based on applicable warrants.

6.

Conceptual plan, including:

(i)

Buildings and structures (location, distance from property lines and any mean high water line, square footage of footprint and floor area, floor area ratio, height, density, and yard/setback lines);

(ii)

Lots (location, lot and block numbers, and dimensions);

(iii)

Off-street parking (location, number of spaces, and information required for structures if parking is structured);

(iv)

Curb cuts, loading areas, driveways and driveway openings;

(v)

Street rights-of-way, pavement widths, grades, street names, street profiles and cross sections;

(vi)

Sidewalks, bikepaths, and bridges;

(vii)

Location of freestanding signs;

(viii)

Above-ground lighting structures;

(ix)

Proposed rights-of-way or easements including locations, dimensions, and purposes.

7.

Conceptual drainage and utility plan, including:

(i)

Stormwater management infrastructure;

(ii)

Contour changes, dikes, or any created water bodies or changed watercourses;

(iii)

Sanitary sewers, lift stations, pumps, and other infrastructure;

(iv)

Potable water lines, fire hydrants, other infrastructure components;

(v)

Storm and sanitary sewer profiles and cross sections;

(vi)

Telecommunication lines.

8.

Conceptual landscape plan, including:

(i)

All protected trees and habitat communities to be retained;

(ii)

All protected trees and habitat communities to be removed;

(iii)

Canopy coverage of any protected tree proposed to be removed or substantially trimmed, if applicable;

(iv)

Extent and location of understory vegetation lying inside of and within a six-foot radius of all proposed improvements, and areas proposed to be cleared or graded;

(v)

Existing and proposed site improvements and utility easements;

(vi)

Location, size, spacing, and type of required landscaping material and/or replacement trees;

(vii)

All information required by chapter 74 of the Code of Ordinances as required for a tree permit.

9.

Any other information needed to demonstrate that the application complies with the land development regulations and the comprehensive plan.

e.

If it is proposed to develop in phases, the phases and timing of development shall be indicated.

(4)

Completeness determination. The community development manager shall determine whether the development plan application is complete in accordance with the procedure set forth in chapter 74.

(5)

Planning commission.

a.

Following the conclusion of the completeness determination and required public notice, the planning commission shall conduct a public hearing to evaluate a development plan application and consider the staff report, testimony and other evidence included in the record. At the conclusion of the public hearing, the planning commission shall make a recommendation to the city council as to whether to approve, approve with conditions or deny the application. The planning commission at the conclusion of the public hearing shall set forth the reasons for its decision, specifying how the application is consistent or not consistent with the comprehensive plan and land development regulations based on competent substantial evidence included in the record of the public hearing.

(6)

City council decision.

a.

Following required public notice, the city council shall evaluate the development plan and consider the staff report, planning commission recommendation and other evidence included in the record. The planning commission may continue the hearing if necessary to complete deliberations on the application. At the conclusion of the public hearing, the city council shall approve, approve with conditions or deny the development plan application.

b.

The decision of council in approving, approving with conditions or denying the application shall be accompanied by written findings of fact and order, specifying how the application is consistent or not consistent with the comprehensive plan and land development regulations based on competent substantial evidence included in the record of the public hearing.

(7)

A development order approving a development plan application shall expire if the applicant has not applied for a building permit within 60 days from the date of work described in the final development plan has not begun within six months or been substantially completed within one year from the date of issuance thereof. The developer shall have the burden of timely applying for an extension and providing satisfactory evidence in his/her request that (s)he satisfies the criteria for an extension as set forth below. Failure to do so shall result in a loss of any vested rights. The city council may grant up to a one-year extension upon written request by the developer to the community development manager, provided that:

a.

The plans still comply with current regulations;

b.

The final development order of council has not yet expired;

c.

The final development order recipient has proceeded with due diligence and in good faith; and

d.

Conditions have not changed so substantially as to warrant a new application.

The developer must submit the written request for an extension to the community development manager at least 30 days prior to the expiration of the zoning permit to give adequate time for the matter to be placed on a council agenda. The city council may grant successive extensions for periods up to 12 months upon the same findings, subject to compliance with the concurrency requirements of the land development regulations.

(a)

All quasi-judicial applications for land development and rezoning authorized under these land development regulations shall first be submitted to the planning commission. Within 90 days after the date that such application is submitted to the planning commission at a public hearing, the planning commission shall submit its recommendations to the city council. The recommendations of the planning commission shall not be binding on the city council. If the planning commission does not submit its report within the prescribed time, city council may proceed to act on the amendment without further awaiting the recommendation of the planning commission.

(b)

The application and planning commission's recommendations shall be considered by city council at a public hearing after notice to the applicant. Notice of the hearing shall be sent to the applicant at the address given on the application and shall be mailed at least 15 days prior to the date of the hearing. Notice of the hearing shall also be sent to adjacent property owners at least 15 days prior to the date of the hearing. These notice requirements shall be in addition to any notice required by Florida Statute.

(c)

If the application involves a specific piece of property, one public notice per road facing shall be posted conspicuously on the property affected and in two public places, as well as the city web site, at least 15 calendar days prior to the date of the scheduled hearing. The cost of printing and posting the notice will be charged to the petitioners as per the city fee schedule.

All notices referenced in the above paragraph shall include:

(1)

A statement describing what action has been requested;

(2)

The name of the owner(s) of the property subject to the application or petition;

(3)

That a public hearing will be held by the Planning and Zoning Commission;

(4)

The date, time, and location of the hearing;

(5)

That the public is invited to attend the hearing and make comment orally or in writing; and

(6)

The location and times during which an interested party may inspect the application or petition.

(Ord. No. 2020-02, § 2, 3-9-2020)

Prior to issuance of a local business tax receipt, the community development manager shall verify that a new business applying for a local business tax receipt and a local business requesting a transfer of a local business tax receipt to a new location within the city are permitted uses within the zoning district where the business is to be located.