The council of the city is responsible for the administration of the planning and zoning regulations in the city, and is the final authority in the city regarding all planning and zoning matters. The council, however, hereby delegates to the city planning and zoning board the functions, powers and duties as hereinafter defined in this chapter.

(Ord. No. 89-346, § 2(26-13), 3-21-1989)

Any person aggrieved by the city council's decision or a decision of the city council amending, altering or changing the comprehensive plan or zoning code may file a petition for writ of certiorari, as authorized in the manner prescribed by the state appellate rules in the circuit court of the county, to review the decision of the city council. The court shall not conduct a trial de novo. The proceedings before the city council, including the testimony of witnesses, any exhibits, photographs, maps or other documents filed before it, shall be the subject of review by the circuit court of the county. The person filing the petition for certiorari shall be responsible for filing a true and correct transcript of the complete testimony of the witnesses. The person filing the petition for certiorari shall immediately serve a copy of the notice of intention to petition for a writ upon the city clerk, who shall thereupon suspend the issuance of a permit until the court has ruled upon the petition.

(Ord. No. 89-346, § 2(26-26), 3-21-1989)

No person shall have the right to file an application for a hearing if the property for which the hearing is requested has been the subject of a hearing before the board or the city council of the kind and type requested in the application within a period of nine months from the date that the city council rendered its last decision.

(Ord. No. 89-346, § 2(26-27), 3-21-1989)

(a)

It shall be the duty of the city clerk to ensure that the provisions of this chapter are enforced, except those provisions specifically delegated to other authorities.

(b)

The city clerk shall order prompt investigation of complaints and violations, and shall endeavor to prevent violations or detect and secure the corrections of violations.

(c)

The city clerk shall order inspections of property in an effort to obtain information relating to violations and in other instances where inspections are necessary in order to ensure compliance of regulations of this chapter.

(Ord. No. 89-346, § 2(26-29), 3-21-1989)

(a)

All applications for building permits requiring zoning approval shall be accompanied by site and construction plans in duplicate showing the actual shape and dimensions of the lot to be built upon; the exact size and location on the lot of buildings already existing, if any; the exact size and location on the lot of the building or structure to be erected or altered; the location and number of off-street parking and off-street loading spaces; and such other information as may be necessary to determine compliance with and provide for the enforcement of the regulations in this chapter.

(b)

Prior to the issuance of any building permit for new construction or repair or alterations to a building or structure, the city clerk shall inform the building inspector in writing of the applicant's compliance with the provisions of this chapter.

(c)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued.

(Ord. No. 89-346, § 2(26-30), 3-21-1989)

(a)

Generally. Within the districts established by this chapter or amendments that may later be adopted, there may exist lots, structures, uses of land and structures and characteristics or uses which were lawful before this zoning code was passed or amended but which would be prohibited, regulated or restricted under the terms of this chapter or further amendments.

(b)

Intent. It is the intent of this chapter to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that nonconformity shall not be perpetuated nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(c)

Alteration. A nonconforming building or structure may be maintained and subject to subsection (i) of this section. Repairs and alterations may be made, provided, however, that structural alterations within the area of nonconformity shall not be permitted except those required by law including eminent domain proceedings. Repairs relating to plumbing, changing or partitions and other interior alterations shall be permitted within the building or structure.

(d)

Extension. Nonconforming buildings or structures and nonconforming uses may not be moved, extended or enlarged beyond the scope and area of its operation at the time the regulation which makes the building, structure or use nonconforming was adopted.

(e)

Unsafe structures or buildings. Any structure or building or portion thereof declared unsafe by any governmental agency may be restored to a safe condition.

(f)

Abandonment. When a nonconforming use of land has been discontinued for a period of six months, all subsequent uses shall revert to those permitted in the district in which said land is located.

(g)

Construction prior to adoption. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal has been substantially begun preparatory to rebuilding, such excavation shall be deemed to be actual construction provided that work shall be carried on diligently.

(h)

Change to another name. A nonconforming use now existing may be changed to another nonconforming use of equal or improved character when approved by the city council.

(i)

Restoration. A nonconforming building or structure, other than signs, which is hereafter damaged or destroyed to the extent of 75 percent or more of its assessed value by flood, fire, explosion, earthquake, war, riot, act of God or other calamity may not be reconstructed or restored for use except in compliance with the regulations of this chapter.

(Ord. No. 89-346, § 2(26-175), 3-21-1989)

In instances when a deed restriction, which is of record prior to October 7, 1957, is in conflict with this chapter in such a manner that construction of any building will be prohibited, should both the deed restriction and this chapter be enforced, the city may authorize a permit for construction which would in effect modify this chapter, and allow the deed restriction to control, upon receipt of an application for construction accompanied by a copy of the deed restrictions and review thereof by the city.

(Ord. No. 89-346, § 2(26-188), 3-21-1989)

(a)

There shall be a planning and zoning board for the city.

(b)

The planning and zoning board shall consist of five members appointed by the mayor subject to confirmation by the city council from among the residents of the city. Members of the planning and zoning board shall be appointed to serve for three years in staggered sequences. Members shall be appointed from among persons who are in a position to represent the public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal interests are involved in any matter coming before the planning and zoning board, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairperson of the board or by three votes of the board, not including the member about whom the questions are raised.

(c)

The members of the board shall appoint a chairperson and vice-chairperson from among themselves to serve for one-year terms.

(d)

Members of the board shall receive no salaries or fees for their services thereon, but may receive necessary travel, per diem and other expenses while on official business for the board or the city if funds are available for this purpose.

(Ord. No. 89-346, § 2(26-14), 3-21-1989)

Board members shall serve at the pleasure of the city council and any member may be removed by the council at any time with or without cause. It shall be the duty of the chairperson of the board to notify the mayor promptly of any vacancies occurring in the membership. The mayor shall fill such vacancies within 90 days for the unexpired term of the original appointment. All such appointees shall be subject to confirmation by the city council.

(Ord. No. 89-346, § 2(26-15), 3-21-1989)

(a)

The planning and zoning board shall hold at least one regular meeting every month, on a day to be established by the board and may hold such additional regular meetings as may be designated. In addition, special meetings may be called by the chairperson or the mayor. However, each member of the board shall receive at least two day's written notice, to be delivered to his residence, of any special meeting of the board, unless notice is waived by any such member.

(b)

The board shall not transact any business at any regular or special meeting unless a quorum of three members is present, and every action taken and every decision rendered by the board shall be approved by at least three members.

(c)

All meetings of the board shall be public meetings and all records shall be public records. The board shall encourage public participation.

(Ord. No. 89-346, § 2(26-16), 3-21-1989)

The planning and zoning board shall have the following functions, powers and duties:

(1)

Acquire information. The board shall gather information necessary for the drafting, establishment and maintenance of the various components of this chapter and other zoning and land use ordinances. Toward that end, the board shall hold public hearings and acquire and maintain current basic information and materials necessary to understand past trends, present conditions and forces causing future changes. Such materials may include maps and photographs; statistics on population, property values, economic bases and land use; and other information important to determining the amount, direction and type of development expected in the city. Board members may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized city agents or employees.

(2)

Act as local planning agency. Pursuant to and in accordance with Florida Statutes, the board has been and is hereby again designated and established as the local planning agency for the city. As such, the board shall:

a.

Conduct the comprehensive planning program and prepare the comprehensive plan or elements or portions thereof for the city.

b.

Coordinate said comprehensive plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the state.

c.

Recommend said comprehensive plan or elements or portions thereof to the city council for adoption.

d.

Monitor and oversee the effectiveness and status of said comprehensive plan and recommend to the city council changes in the comprehensive plan as required from time to time.

e.

Do all other acts as from time to time required by law.

The city council shall appropriate funds to the local planning agency for expenses necessary in the conduct of its work.

(3)

Advise regarding planning and zoning. The board shall keep the city council and the general public informed and advised on matters relating to planning and zoning. The city council may refer to the board for consideration and recommendation matters which fall within the scope of the duties of the board.

(4)

General power; plats, rezoning, annexations, variances, appeals, special exceptions, etc. The board shall conduct public hearings and shall meet as specified by this chapter to review and report recommendations to the city council on the following matters:

a.

Proposed plats for the subdivision of land.

b.

Proposed rezoning of land pursuant to section 134-121.

c.

Boundaries of zoning districts and appropriate regulations and amendments thereto.

d.

Proposed annexations of land into the city and the ability of the city to provide necessary public services and facilities to such lands.

e.

Proposed initial zoning of land annexed into the city.

f.

As the board of adjustment for proposed special exceptions, appeals and variances from the terms of this chapter and other chapters of this city Code where so provided.

Board review and recommendation on the items listed above shall be required prior to any final action by the city council.

(5)

Miscellaneous. The board shall perform other lawfully assigned duties.

(Ord. No. 89-346, § 2(26-17), 3-21-1989)

The planning and zoning board shall act as the board of adjustment for the city.

(Ord. No. 89-346, § 2(26-18), 3-21-1989)

Generally in individual cases, the board shall have the following powers:

(1)

Appeals. To hear and make recommendations to the city council on appeals where it is alleged that there has been an error in any requirement, order, decision or determination made by the city clerk in the enforcement or interpretation of this chapter.

(2)

Special exceptions. To hear and make recommendations to the city council on such special exceptions as the city is specifically authorized to pass on by this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to recommend the granting of special exceptions with such conditions and safeguards as are appropriate under this chapter or to recommend the denial of special exceptions when not in harmony with the purpose and intent of the chapter. A special exception shall not be recommended by the board nor approved by the city council unless and until the board and city council shall make a finding that the granting of the special exception shall not adversely affect the public interest.

a.

Time limit.

1.

Any special exception recommended by the board and granted by the city council shall expire 12 months after the effective date of such action by the city council, unless the rights of the special exception granted have been exercised prior to the expiration date. Acquisition of necessary building permits, installation of required equipment or initiation of the activity granted shall be considered adequate exercising of the special exception rights.

2.

Upon written application, filed at least 30 days prior to any expiration date, the city council may renew such special exception for one period of up to 12 months, providing justifiable cause is shown. The term "justifiable cause" shall include, but not be limited to, the following:

(i)

Acts of God and other natural disasters;

(ii)

Material shortages;

(iii)

Interruptions due to strikes and other employee job actions;

(iv)

Fire, explosion, or some similar catastrophe;

(v)

Financial reversals of a temporary nature;

(vi)

Other situations beyond the control of the permit holder.

b.

Conditions. When the board recommends approval of any special exception, or when the city council approves any special exception, it may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this chapter. Violation of such conditions or safeguards, when made a part of the terms under which the special exception is approved, shall be deemed a violation of this chapter.

(3)

Variances.

a.

When allowed. Where there are practical difficulties or unnecessary hardships in complying with the strict letter of this chapter, or other chapters of this city Code, if so provided, i.e., sign code (chapter 122), the board may recommend to the city council approval of a variance (except as prohibited herein) so that the spirit of this chapter will be observed; the public health, safety, good order and general welfare will be maintained; the rights of all parties will be equally protected and substantial justice will be done. A variance shall be considered only with regard to a lot or building site area, height, size or location of a structure, size of yards or open spaces, or of those provisions required by this chapter in support of the uses permitted by this chapter, i.e., parking, landscaping, etc., or of those provisions provided for in other chapters of this Code, i.e., sign code (chapter 122). The preservation of any historic or specimen tree as defined in chapter 130 may be considered as a basis for the granting of a variance from the literal application of the provisions of this chapter or subdivision regulations set forth in chapter 126. If, in the determination of the planning and zoning board or designee, the sole basis of the request for a variance is to preserve such tree which would otherwise have to be removed, the planning and zoning board or designee may direct the required variance fee to be waived.

b.

Standards for approval. Prior to recommending approval of any variance from the requirements of this chapter and prior to the granting of the variance, the board and city council shall find:

1.

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.

2.

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

3.

That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district.

4.

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

5.

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

6.

That approval of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

c.

Conditions. When the board recommends approval of any variance, or when the city council approves any variance, it may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this chapter. Violation of such conditions or safeguards, when made part of the terms under which the variance is approved, shall be deemed a violation of the regulations of this chapter.

d.

Review. Variances based on specific hardships may be subject to periodic review and the board may recommend to the city council the same be terminated if it is found that the hardship upon which the variance was approved no longer exists, or that the conditions or limitations imposed are not being observed.

e.

Time limit.

1.

Any variance recommended by the board and approved by the city council shall expire 12 months after the effective date of such action by the city council, unless the rights approved by the variance have been exercised prior to the expiration date. Acquisition of necessary building permits, installation of required equipment or initiation of the activity granted shall be considered adequate exercising of the variance rights.

2.

Upon written application filed at least 30 days prior to any expiration date, the city council may grant an extension of such variance for one period of up to 12 months, provided justifiable cause is shown. The term "justifiable cause" shall include, but not be limited to, the following:

(i)

Acts of God and other natural disasters;

(ii)

Material shortages;

(iii)

Interruptions due to strikes and other employee job actions;

(iv)

Fire, explosion, or some similar catastrophe;

(v)

Financial reversals of a temporary nature;

(vi)

Other situations beyond the control of the permit holder.

f.

Expansion. Structures involving variances may be built only by or for the applicant and become legal nonconforming structures. Any proposed expansion of the variance granted shall be subject to a new variance proceeding before the board and the city council as provided above.

(4)

Variances or special exceptions prohibited.

a.

The board shall not consider or recommend nor shall the city council approve any variance or special exception which is otherwise prohibited or which includes any of the following:

1.

A use which is specifically permitted in another district.

2.

Under no circumstances permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication prohibited in the zoning district. No nonconforming use of the neighboring lands, structures or buildings in the same zoning district and no permitted use of the lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. A variance or special exception which would violate requirements or regulations of other departments or agencies shall be invalid.

b.

The city clerk shall refuse to accept an application for a variance or special exception which would be prohibited under the provisions of this chapter.

(5)

Expiration of variances or special exceptions. Whenever a privilege approved by variance or special exception shall be voluntarily removed or abandoned for a period of six months, such privilege shall be considered terminated. The time limits stated herein may be extended up to six months by the city council, upon written request of the applicant stating sufficient reasons for not exercising privileges previously granted.

(6)

Effect of denial of variance request. Whenever the city council has denied a variance request, it shall not reconsider that variance request nor shall it consider a request for any variance greater than or equal to that already denied, except:

a.

Where a period of three years has run since the date of the council's prior action on the variance request. The right to reapply for a variance request after the passage of three years shall not prevent the city from applying the doctrine of administrative res judicata; or

b.

Where the relevant circumstances surrounding the variance request have substantially and materially changed since the city council's earlier decision.

(7)

One-time waiver of fees for certain residential impervious surface ratio variance applications. All fees for a variance application made by an owner or agent on behalf of an owner of property rezoned from an Orange County residential zoning district to a City of Edgewood residential zoning district during the period beginning January 1, 2023 through December 31, 2025 shall be waived once provided the following conditions are met:

a.

The application is tiled on or before December 31, 2030; and

b.

No other variance application fee waiver has been applied to a variance application for the same property pursuant to this paragraph.

(Ord. No. 89-346, § 2(26-19), 3-21-1989; Ord. No. 2001-13, § 6, 8-21-2001; Ord. No. 2004-03, §§ 8—10, 5-4-2004; Ord. No. 2024-21, § 3, 12-17-2024)

(a)

The board shall fix a reasonable time for the hearing of all applications. Upon the filing of an application for special exceptions and variances, the board shall mail a copy of a notice, by United States mail, with the postage prepaid, at least ten days prior to the date of the hearing as set forth in said notice, to the owner of the property and owners of all property located within 500 feet to the subject property to their last known addresses. The name of the owner of record of the property which is the subject of the hearing and a list of the owners of all property located within 500 feet thereof setting forth their last known addresses shall be furnished to the city clerk at the time of filing the application. Such notice shall be prescribed by the city council. The notice shall, at least, contain the name of the party applying for relief, the owner's name as shown by the public records of the county on the date of the filing of the application, the purpose of the hearing, the legal description of the property that is the subject of the hearing, and the date, time and place of the hearing.

(b)

In addition to such notice, at least ten days prior to the date of public hearing before the board, the person filing the application shall cause to be placed in a conspicuous and easily visible location on the property subject to the application, a sign furnished by the board, setting forth in boldface letters the relevant facts pertaining to the application and the date, time and place when the hearing shall be heard.

(c)

Notice requirements for all other hearings shall be set by the city council from time to time.

(d)

The procedure for the hearings shall be set from time to time by the board, but any party may appear in person or by agent or attorney.

(e)

The board shall render its decision within 30 days after the completion of the hearing, which decision shall be filed with the city clerk. The city clerk shall immediately mail a copy of the decision to the applicant and transmit a copy of the same to the mayor and to each city council member as provided below.

(Ord. No. 89-346, § 2(26-21), 3-21-1989)

An applicant shall cease all activity which directly relates to the item contained in the application upon which the board is to act until the board's recommendation has been acted upon by city council unless the board shall determine that to do so would cause imminent peril to life or property. The city council shall have the right to review such determination and to issue a restraining order to the applicant. Further, the filing of an application shall stay any legal proceedings brought against the applicant because of a violation of this chapter until such time as the matter has been acted upon by the city council.

(Ord. No. 89-346, § 2(26-22), 3-21-1989)

The chairperson of the board, or in his absence the vice-chairperson, shall have the power to administer oaths and to compel the attendance of witnesses at all hearings.

(Ord. No. 89-346, § 2(26-23), 3-21-1989)

(a)

Generally. All decisions of the board shall be in the form of recommendations to the city council. All such recommendations shall automatically go to the city council for its review and final decision at a duly called council meeting. The city council shall not be bound by the submitted recommendation and it may accept, reject, modify or table the same. However, the city council may not reject, modify or table a decision unless the city council shall first hold a public hearing thereon as provided in subsection (c) of this section. Otherwise, no formal hearing will be held unless an application for the same is filed as provided for in subsections (b) and (c) of this section.

(b)

Appeals. Any person aggrieved by any recommendation of the board acting either under its general powers or as a board of adjustment may file a notice of appeal to the city council within seven days after such recommendation is filed with the city clerk. The person appealing shall file a notice of appeal upon the form, if any, prescribed by the city council. The city clerk shall forthwith transmit to the city council all the papers, photographs and exhibits constituting the record upon which the action appealed from was taken, or properly certified copies thereof in lieu of originals.

(c)

Notice of hearing. Upon the filing of the notice of appeal, or if the city council determines to reject, modify or table the recommendation, the city council shall promptly mail notice of a new public hearing by United States mail, postage prepaid, to the appellant, to the original applicant, to the owner of record of the subject property and, in the case of recommendations of the board acting on variances or special exceptions, the owners of property furnished by the person who filed the original application, and to each attorney at law appearing for any person at the hearing before the board.

(d)

Fees and costs. Fees and costs for said appeals shall be set from time to time by the city council.

(e)

Oaths; witnesses. The president of the city council, or in his absence the acting president, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The city council shall keep minutes of its meetings, showing the vote of each member on each hearing, or if absent or failing to vote, indicating such fact. It shall also keep records of its examination and other official actions.

(f)

Determinations of city council. The city council shall conduct a "de novo" hearing upon any appeal taken and for any hearing required by subsection (a) of this section and shall hear the testimony of witnesses and other evidence offered by the aggrieved person and interested parties above and may in conformity with this chapter accept, reverse, or affirm, in whole or in part, or may modify the recommendation of the board.

(g)

Time frame for decision. The city council shall render its decision within 45 days after the hearing.

(h)

Variances and special exceptions. The city council shall utilize, and all variances and special exceptions shall be subject to, the same standards for special exceptions and variances as provided elsewhere in this chapter including, but not limited to, time and conditions.

(Ord. No. 89-346, § 2(26-24), 3-21-1989)

The board shall not obligate the city without prior approval by the city council. All actions taken by the board shall be subject to approval or disapproval by the city council as provided hereafter. All actions of the board may be appealed to the city council as provided for herein.

(Ord. No. 89-346, § 2(26-25), 3-21-1989)

(a)

Generally. Notwithstanding any other provision contained herein, the rezoning of land shall be exclusively by the legislative process outlined in this section.

(b)

Initiation of rezoning. Rezoning may be initiated by:

(1)

City council. The city council shall adopt a resolution expressing its intent to consider the rezoning of land and shall refer the matter to the planning and zoning board for review and action in accordance with this section.

(2)

Planning and zoning board. The planning and zoning board shall adopt a resolution expressing its intent to consider the rezoning of land and shall review and take action on the matter in accordance with this section.

(3)

Property owners. Except where the requirements of a particular zoning district specify otherwise, the property owners of 51 percent or more of the area involved (whether the same be one lot/parcel or a larger area) shall submit an application for review in accordance with this section.

(c)

Submittal of the application. When rezoning is at the request of the property owners, the applicant shall submit to the city clerk a rezoning application which conforms to the submittal requirements of this section in ten copies. No application shall be deemed accepted unless it is complete. Deadlines for applications shall be established and adhered to.

(d)

Review process.

(1)

Planning and zoning board. The planning and zoning board shall hold a public hearing with due public notice to consider the rezoning. Based on the zoning request and the requirements of this chapter, the board shall prepare recommendations for the consideration of the city council.

(2)

City council. Following review by the planning and zoning board, the rezoning request shall be forwarded to the city council. The city council shall hold a de novo public hearing with due public notice to consider the rezoning. Based on the request, the requirements of this chapter and the recommendations of the planning and zoning board, the city council shall approve or deny the rezoning.

(3)

Hearing requirements. The notice requirements for these public hearings shall be the same as required by state law. The procedure for the hearings shall be set from time to time by the board and the city council. The board and the city council shall have the power to administer oaths and to compel the attendance of witnesses at all hearings.

(4)

Reapplication time limit. Unless specifically permitted otherwise by city council, no application for any rezoning shall be considered by the planning and zoning board within nine months from the time the property described in such application has been decisively acted upon by the city council as a result of a previous application.

(e)

Recording amendments to the official zoning map; effect of amendment. On the effective date of any rezoning, the change shall be posted on the official zoning map as provided in article III of this chapter. All such amendments shall be deemed to include one-half of all streets, railroad tracks or other similar manmade features abutting the land rezoned, wherever such features are located within the city limits.

(f)

Considerations for the review of rezoning applications. In review of rezoning requests, the planning and zoning board and city council shall include consideration of the following factors:

(1)

Comprehensive plan. Whether the proposal is consistent with all applicable policies of the city's adopted comprehensive plan.

(2)

Conformance with this chapter. Whether the proposal is in conformance with any applicable substantive requirements of this chapter, including minimum or maximum district size.

(3)

Changed conditions. Whether and the extent to which land use and development conditions have changed since the effective date of the existing zoning district regulations involved which are relevant to the property.

(4)

Land use compatibility. Whether and the extent to which the proposal would result in any incompatible land uses, considering the type and location of uses involved.

(5)

Adequate public facilities. Whether and the extent to which the proposal would result in demands on public facilities and services (both on-site and off-site), exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services and similar necessary facilities and services.

(g)

General requirements. When rezoning is at the request of property owners, along with the rezoning application, the applicant shall submit the following:

(1)

Plat. A recent plat of survey.

(2)

Amendment proposed. A statement setting forth the specific rezoning proposed, including:

a.

Existing zoning districts and boundaries for all land within the subject area.

b.

Proposed zoning districts and boundaries.

(3)

Consent to agents. If title to the property is not in the applicant's name and the property owner does not sign the application, then the applicant must submit a document signifying the owner's approval or consent.

(4)

Reasons for request. A statement of the reasons for requesting the rezoning.

(h)

Application fees and costs. The fees for the filing and processing of the rezoning application shall be set by resolution of the city council.

(i)

Restrictive rezonings. Notwithstanding the provision of any article of this chapter, in a rezoning at the request or concurrence of the applicant, the planning and zoning board may recommend and the city council may approve such rezoning with restrictions applicable only to the property involved in the change, provided that such restrictions confer upon the applicant or subject property no privilege otherwise denied by these articles to other lands, structures or buildings in the same district. Such restrictions may include, but not be limited to, one or more of the following:

(1)

Use restrictions greater than those otherwise specified for the particular district.

(2)

Density restrictions greater than those otherwise specified for the particular district.

(3)

Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterials.

(4)

Height limits more restrictive than otherwise permitted in the particular district.

(5)

Minimum lot areas or minimum widths greater than otherwise specified for the particular district.

(6)

Minimum floor area greater than otherwise specified for structures in the particular district.

(7)

Open space requirements greater than otherwise required for property in the particular district.

(8)

Parking, loading, driveway or traffic requirements more restrictive than otherwise required for the particular district.

(9)

Fencing or screening requirements greater than otherwise required for the particular district.

(10)

Noise and operational hour requirements greater than otherwise required for the particular district.

(11)

Restrictions or any other matters which the city council may regulate under authority of the chapter.

Upon approval of such restrictive rezonings, the city clerk shall enter the applicable restrictions, or reference thereto, on the official zoning map of the city in a manner sufficient to constitute notice to all interested persons. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon amendment to the district.

(j)

Appeal. The appeal of the rezoning decision of the city council shall be by way of the procedure outlined in section 134-34.

(Ord. No. 89-346, § 2(26-28), 3-21-1989; Ord. No. 2006-08, § 8, 5-2-2006; Ord. No. 2022-12, § 1, 2-21-2023)

Except for applications for rezoning, all applications for consideration by the board, including applications for appeals, variances and special exceptions shall be subject to the following rules:

(1)

Time to file application.

a.

Appeals. Appeals to the board shall be filed within a reasonable time; such time to be prescribed by the rules of the city council.

b.

Special exceptions, variances and others. Applications for special exceptions and variances and for all other matters to be heard by the board, except for rezonings, may be filed at any time, however, the rules of the city council shall prescribe deadlines for filing for any particular meeting.

(2)

Where applications filed. Applications shall be filed in writing with the city clerk on forms to be supplied by the city, specifying grounds thereof.

(3)

Application fees and costs. Fees for the filing and processing of the applications shall be set by the city council from time to time. In addition, the applicant shall be responsible for all costs incurred by the city as a result of the application.

(Ord. No. 89-346, § 2(26-20), 3-21-1989)

The site plan review process set forth in this section is intended to ensure that development of commercial, planned development, professional office, and industrial districts in the city takes place in an orderly and efficient manner through a process which provides adequate review appropriate to the size and complexity of the proposed development.

(Code 1985, § 17-20; Ord. No. 309, § 1, 10-1-1985; Ord. No. 2006-08, § 9, 5-2-2006)

(a)

It shall be unlawful for any person to commence site development of any land zoned commercial or industrial within the city, unless such person shall have first obtained a site development permit therefor from the city. The term "site development" is defined as the development or construction of any commercial or industrial structure or improvement, including, but not limited to, clearing, grading, paving, drainage, utility construction, building construction, landscaping and related work.

(b)

No site development permit shall be issued unless an application in quadruplicate for the issuance of a site development permit is submitted to the city clerk. The application shall state the name and address of the applicant, the nature, location and purpose of the site development, the date of commencement and proposed date of completion of the site development, and the following minimum plan components:

(1)

The zoning classification and legal description of the property to be developed.

(2)

A boundary and topographic survey of the property prepared by a professional land surveyor registered to practice in the state showing existing elevations based on the county data and existing contours at one-foot intervals.

(3)

A site plan depicting the size and location, including front building elevations of all structures, both existing and proposed, indicating setbacks from property lines and distances between structures.

(4)

A general location map showing the relationship of the site to such external facilities as streets, residential areas, commercial facilities and recreation/open space areas.

(5)

The location of all existing public streets, rights-of-way, easements and other reservations of the land in the area of the property in question, means of ingress and egress to such property, off-street parking, loading and service areas, if any, for or on such property and any screening or buffers on such property and the nature and type thereof.

(6)

The location of all proposed streets, driveways or other facilities designed to accommodate vehicular movement in the development and points of ingress and egress, parking areas including the exact number of spaces and loading and service areas (location of dumpsters and any utility buildings), and traffic impact analysis of projected trip generation, including methods of circulation for the development.

(7)

The location, size and capacity of all existing and proposed utilities, including, but not limited to, potable water, sanitary sewer, storm sewer, electric power, natural gas, and existing fire hydrant locations. (If central sanitary service is not available, the size/capacity and location of septic tank and drainfield is to be shown.)

(8)

The location of all existing drainage holding or carrying facilities, natural or manmade, including creeks, ponds, sinkholes, retention/detention basins, ditches, culverts and storm sewers.

(9)

All proposed drainage facilities required for the drainage of the property, showing the manner of drainage of all existing and proposed impervious surfaces, green areas, showing all control devices such as storm sewers and retention or detention facilities.

(10)

A landscape plan which shows all proposed landscaping as well as natural features to be retained.

(11)

Depending on the nature of the development, the city may require soil tests performed by qualified laboratories.

(12)

The location and dimensions of all proposed buildings and structures to be included in the development, indicating the gross floor area of all buildings.

(13)

Dimensions of all setbacks and open spaces.

(14)

Location of all open space planned with attention to their adequacy in terms of size and placement, their effect on privacy of adjacent living areas and their relationship to community-wide open spaces.

(15)

Location of all proposed signage including size and materials.

(16)

The percentage of the site that will be covered by buildings and structures and the percentage that will be covered by streets, drives, parking and loading areas.

(17)

Such other information as required by the city due to the nature of the project.

(c)

Prior to submittal of the application, and to ensure compliance with this article, there shall be a presubmittal conference between the applicant and the city engineer.

(d)

In order to be reviewed by the planning and zoning board at its earliest available regularly scheduled meeting, complete applications must be received by the city at least 30 days prior to such meeting. After the planning and zoning board makes a recommendation to the city council, the application shall be placed on the next regularly scheduled city council meeting agenda falling at least 15 days after the date such recommendation is made by the planning and zoning board.

(e)

The requirements of the site development permit under this section shall be in addition and supplemental to any other ordinance or regulation of the city, including, but not limited to, those requirements under chapter 130 of this Code.

(Code 1985, § 17-21; Ord. No. 309, § 1, 10-1-1985; Ord. No. 2001-13, § 2, 8-21-2001; Ord. No. 2016-03, § 2, 3-22-2016)

If any of the items required for the permit are inapplicable or irrelevant to proposed development, such items may be omitted upon approval of the city clerk, provided the applicant identifies in writing any missing item and includes a brief explanation of why it is inapplicable, irrelevant or not submitted.

(Code 1985, § 17-22; Ord. No. 309, § 1, 10-1-1985)

No site development permit application shall be approved unless the city determines that the proposed development will:

(1)

Fully conform to the requirements of this article.

(2)

Enhance and protect the public health, safety and welfare.

(3)

Result in the least possible detrimental impact to the site and surrounding areas and not reduce the safety, light or general convenience of neighboring developments.

(4)

Ensure safe and convenient ingress to and egress from the property and internal circulation, including access of service and emergency vehicles and design of off-street parking and loading areas.

(5)

Provide safe location and orderly arrangements and spacing of all buildings and structures.

(6)

Minimize environmental damages caused by needless destruction of natural vegetation and natural features on the site.

(7)

Provide for needed utilities, including fire hydrants, ensure that the cost to the public in supplying connection points is reasonably minimized, and ensure that safe and reasonable traffic circulation patterns are provided for refuse trucks and public safety vehicles of all types.

(8)

Provide means of minimizing unreasonable intrusions of noise, light, odor, dust and other such annoyances into the privacy, quiet and habitability of surrounding areas.

(9)

Ensure that external and internal signs comply with the requirements of this Code and that reasonable measures are taken in their placement and size to eliminate traffic hazards caused by sign obstructions in entering, leaving or passing by the area.

(10)

Ensure that external and internal outdoor lighting types and placement do not constitute a hazard to traffic and do not unreasonably intrude into the privacy and habitability of surrounding areas.

(11)

Ensure that drainage facilities will be built that will limit the rate and volume of stormwater discharge to that which occurred prior to site development.

(12)

Indicate that reasonable consideration has been given to the proximity of public facilities such as fire and police stations, schools and health care facilities and to the desirability of designating sites for such facilities within the site.

(13)

Preserve trees in accordance with chapter 130 of this Code.

(Code 1985, § 17-23; Ord. No. 309, § 1, 10-1-1985; Ord. No. 2001-13, § 2, 8-21-2001)

(a)

The city clerk shall submit one copy of each of the application for site development and application for tree removal permit and supporting documents to the city official, city attorney and the planning and zoning board, who shall review the site development and tree removal permit applications to ensure that all components of the applications are compatible with this Code and all provisions of this article. The city clerk shall also, when deemed necessary, submit the same to other city employees and agencies for their review. Following their review, each person or agency who receives copies of the applications shall prepare their recommendations for consideration by the city council.

(b)

The city council shall review the site development and tree removal permit applications and the above-described recommendations. The city council may require any additional information it deems necessary. No building permits shall be issued until all fees are paid pursuant to section 2-183 of this Code. The city council shall approve, approve subject to change or stipulation, or disapprove the applications for site development permit or tree removal permit.

(c)

Upon approval or approval subject to change or stipulation, the applicant shall pay the necessary permit fees for the issuance of the site development and tree removal permits, which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The site development permit fee shall be in such amount as is established by resolution from time to time by the city council.

(d)

Final approval of the site plan and tree removal must be granted prior to issuance of a building permit.

(Code 1985, § 17-24; Ord. No. 309, § 1, 10-1-1985; Ord. No. 2001-13, § 2, 8-21-2001; Ord. No. 2006-08, § 10, 5-2-2006)

A site development permit shall be effective for a period of 12 months, unless otherwise specified, in which time the applicant must apply for a building permit. If a building permit is not applied for and granted by city council within that time period, said site development permit shall become null and void unless before then the applicant requests in writing and is granted from city council an extension of the permit for six-month periods. The applicant shall demonstrate justifiable cause for an extension. The "Justifiable cause" shall include, but not be limited to, the following:

(1)

Acts of God and other natural disasters;

(2)

Material shortages;

(3)

Interruptions due to strikes and other employee job actions;

(4)

Fire, explosion, or some similar catastrophe;

(5)

Financial reversals of a temporary nature;

(6)

Other situations beyond the control of the permit holder.

(Code 1985, § 17-25; Ord. No. 309, § 1, 10-1-1985; Ord. No. 2004-03, § 6, 5-4-2004)

Any remodeling, enlargement, rearrangement, reconstruction, redesign or addition of any development which does not conform to the approved site development permit for such development will require an amendment to the approved permit, as hereinafter provided, including, but not limited to, any remodeling, enlargement, rearrangement, reconstruction or redesign which:

(1)

Expands the gross floor area;

(2)

Enlarges a building; or

(3)

Alters the site configuration through site redesign or other changes.

Such amendments shall be submitted and reviewed as for the original application.

(Code 1985, § 17-26; Ord. No. 309, § 1, 10-1-1985)

(a)

A pedestrian circulation system shall be provided for all development within any commercial or office zoning district that connects the commercial development to existing and proposed pedestrian and bicycle pathways.

(b)

Pedestrian ways and linkages shall be provided from the site to the surrounding streets, external sidewalks, and outparcels. Pedestrian ways shall be designed to provide access between parking areas and the building entrance in a coordinated and safe manner consistent with generally accepted engineering and site planning practices and principles. Shared walkways are encouraged between adjacent commercial projects.

(c)

Pedestrian access shall be provided at a minimum ratio of one access point for each public vehicular access point, excluding ingress and egress points intended primarily for service, delivery or employee vehicles. Such pedestrian access points shall provide connections to the adjacent public sidewalk system, transit strips and outparcels.

(d)

Pedestrian walkways shall be a minimum of five feet wide. Materials may include concrete, brick, or others as approved by the city.

(e)

Building perimeter crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas by identifying pedestrian crossings with signage and variations in pavement materials or markings.

(Ord. No. 2002-04, § 3(17-27), 5-7-2002)

Vehicular and pedestrian cross access shall be provided between adjacent parcels consistent with sound and generally accepted engineering practices and principles.

(Ord. No. 2002-04, § 3(17-28), 5-7-2002)