For this Section, a development permit includes any zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

Consistent with Florida Statute 125.022, for any development permit application filed with the County after July 1, 2012, the County does not require, as a condition of processing or issuing a development permit, that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. Issuance of a development permit by the County does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.

It is the applicant's responsibility to obtain all required state and federal permits.

A Development Review Committee (DRC) review meeting will be held for each new Comprehensive Plan amendment, Zoning amendment, Permitted with Conditions Use, Site Development Plan, Master Development Plan, Construction Plan, or Subdivision Plat submitted to the County for approval. In addition, upon request by the Planning and Development Director, the DRC will meet to consider amendments, whether internally or externally requested, to this Unified Land Development Code or the Comprehensive Plan. The DRC meeting will be scheduled upon submission of an application and payment of required fees. A DRC meeting may not be required for proposals involving existing development sites and meeting the following conditions:

(A)

Site Development Plan. Proposed change does not generate the need for additional parking spaces.

(B)

Subdivision Plat. Proposed change does not create more than two additional lots. Such proposals shall be considered amendments to existing plans rather than new ones; however, all other provisions of this Code shall apply.

Pursuant to Chapter 163, Florida Statutes, there are three general types of Comprehensive Plan amendments: expedited state review, state coordinated review, and small-scale. The expedited state review process is utilized for most Comprehensive Plan amendments adopted by local governments. The state coordinated review process is utilized for amendments that are in an area of critical state concern, amendments that propose a rural land stewardship area, amendments that propose a sector plan, or amendments that update a Comprehensive Plan based on an evaluation and appraisal report. The small-scale process is utilized for amendments that qualify as small-scale development amendments. Section 10.09.00 outlines the public notice requirements for the three types of Comprehensive Plan amendments.

An amendment to the Comprehensive Plan may either be a change to the goals, objectives, and policies of the Comprehensive Plan known as a "text amendment"; or, the amendment of a land use classification shown on the Future Land Use Map or amendment to another map in the map series, known as a "map amendment". Any Comprehensive Plan Amendment may be initiated by the County, by a property owner or agent of a property owner, or by citizens or interested parties who have established standing to bring amendments to the County for consideration.

The basis for review of a proposed Comprehensive Plan Amendment is the same as the basis for the adoption of the Comprehensive Plan, which entails a review of data and analysis in support of the Comprehensive Plan Amendment: analysis of the impact of the Amendment on public facility Levels of Service and the Capital Improvements Budget of the County; and an analysis of the need for the proposed Amendment in relation to the existing structure of the County and the future as delineated in the goals, objectives and policies of the Comprehensive Plan.

The review process for comprehensive plan amendments shall be as follows:

(A)

Expedited State Review Process and State Coordinated Review Process. The Planning and Zoning Board as the Local Planning Agency shall review and provide a recommendation for the proposed Comprehensive Plan amendment, the Board of County Commissioners shall consider the proposed Comprehensive Plan amendment for transmittal to the DOC and state reviewing agencies, upon receipt of the comments from the DOC and state reviewing agencies, the Board of County Commissioners shall consider the proposed Comprehensive Plan Amendment for adoption.

(B)

Small Scale Amendment. The Planning and Zoning Board as the Local Planning Agency, shall review and provide a recommendation for the proposed small scale amendment, the Board of County Commissioners shall consider the proposed small scale amendment for adoption. The County shall transmit the adopted small scale amendment to the DCO so that the Department can maintain a complete and up-to-date copy of the County's Comprehensive Plan.

All requests for comprehensive plan amendments shall be submitted on application forms provided by the Planning and Development Division, together with applicable fees, which shall have been established by resolution of the Board of County Commissioners.

(A)

Application Contents for Text Amendments. The application shall contain the following items, as applicable:

(1)

A description of the proposed Comprehensive Plan Amendment, specifying the goals, objectives, and policies of the Comprehensive Plan that are to be modified.

(2)

Data and analysis that supports the requested change. Specifically, new data that would alter the assumptions in the Comprehensive Plan and would, therefore, justify the Comprehensive Plan Amendment of a goal, objective, or policy.

(B)

Application Contents for Amendments Effecting Future Land Use, Development Standards, and Maps. The application shall contain the following items, as applicable:

(1)

A description of the proposed Comprehensive Plan Amendment, specifying the goals, objectives, and policies of the Comprehensive Plan that are to be modified.

(2)

Where the Comprehensive Plan Amendment proposed will change the Future Land Use Map, a legal description of the property.

(3)

A concurrency analysis of all public facilities and services for which a Level of Service has been established in the Comprehensive Plan.

(4)

A Site Evaluation Report, the format of which is outlined in (C) below.

(C)

Site Evaluation Report Required from the Applicant. Based on the data found in the Comprehensive Plan Data and Analysis sections, the Site Evaluation Report shall contain the following, as applicable.

(1)

Inventory and Analysis of Site Characteristics.

(a)

A description of the terrain; type of vegetation on the site; statement regarding the existence of surface water or wetlands or both; and existence of any floodplains on the site.

(b)

The type of soils present on the site and in the area; an analysis of the limitations for construction for each type of soil; and an analysis of absorption rate for septic fields. Identification of habitats present on the site as indicated by the soil types.

(c)

An inventory of endangered plant and animal species on the site; an inventory of plant and animal species (mammals, birds, and reptiles) common to this site.

(d)

A list of trees with an estimate of canopy that they provide; a list of herbaceous plants and vines; a list of grasses and grass like plants.

(2)

Inventory and Analysis of Land Use. Location in the County; former use; existing surrounding land uses; and, analysis of type of buffer needed between proposed project site and existing land uses.

(3)

Inventory of Public Facilities. Location of existing sewer service and potable water facilities serving the development site with capacities and the future demand associated with the proposed development; the functional classification of roads serving the area with estimated daily traffic volumes; an analysis detailing the future volumes and their effect on roadway Levels of Service; and an analysis of recreation land and facilities needs generated by the proposed land use classification.

(4)

A statement and evaluation of the need for the proposed amendment.

When considering an application for a Comprehensive Plan amendment, the review shall include the standards and criteria as set forth below:

(A)

The proposed Comprehensive Plan Amendment is consistent with the goals of the Hardee County Comprehensive Plan. Objectives and policies of the Comprehensive Plan may be proposed for modification by the Amendment.

(B)

The proposed Comprehensive Plan Amendment contains an analysis of the Levels of Service for all public facilities and services; identifies the timing of improvements to maintain Levels of Service established by the Comprehensive Plan; and estimates the cost of such improvements to the County and to the developer.

(C)

In the case of a proposed Comprehensive Plan Amendment to the Future Land Use Map, the proposed Land Use Classification at the proposed location has been analyzed to identify adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibilities and the general welfare of the County. Said analysis must address land uses as they now exist, and as they may exist in the future, as a result of the implementation of the goals, objectives, and policies of the Comprehensive Plan; and contains objectives and policies to mitigate or eliminate adverse impact.

Comprehensive Plan amendments shall be considered at duly notices public hearings in accordance with Article 10 and applicable provisions contained in F.S. §§ 125.66, 163.3174, and 163.3184.

(A)

Local Planning Agency Review. The Planning and Zoning Board shall serve as the Local Planning Agency (LPA). The Local Planning Agency shall review and consider all applications for amendments to the Comprehensive Plan in accordance with Ch. 163, F.S.

(B)

Local Planning Agency Recommendation. The LPA shall submit a recommendation, including the applications' consistency with the Comprehensive Plan, to the BOCC regarding each application, and may recommend that an application be:

(1)

Approved;

(2)

Approved subject to modifications; or

(3)

Denied.

(C)

BOCC Review.

(1)

Required Public Hearings for Expedited State Review Process and State Coordinated Review Process Amendments. The BOCC shall hold two public hearings, as provided below, to consider the expedited state review process and state coordinated review process Comprehensive Plan amendments.

(a)

Transmittal Public Hearing. A public hearing shall be held prior to transmittal of all proposed Comprehensive Plan amendments to the State Land Planning Agency for review.

1.

The public hearing shall be held following receipt of recommendations from the Local Planning Agency.

2.

At the public hearing, the BOCC may:

a.

Approve an application for transmittal;

b.

Approve an application for transmittal subject to modification; or

c.

Deny transmittal of an application.

(b)

Adoption Public Hearing for Expedited State Review Process and State Coordinated Review Process Amendments. A public hearing shall be held within 180 days of receipt of State agency comments or the objections, recommendations, and comments report on each proposed Comprehensive Plan amendment. At the public hearing, the BOCC may take action to:

1.

Approve an amendment;

2.

Approve an amendment subject to modification; or

3.

Deny an amendment.

(2)

Adoption Public Hearing for Small-Scale Amendments. An adoption public hearing shall be held following receipt of recommendations from the LPA. No transmittal hearing is required for small-scale amendments. The County shall transmit the adopted small-scale amendment to the DCO so that the Department can maintain a complete and up-to-date copy of the County's Comprehensive Plan. At the public hearing, the BOCC may:

(a)

Approve an amendment;

(b)

Approve an amendment subject to modification; or

(c)

Deny an amendment.

A rezoning may be initiated by the County or by a property owner or agent of a property owner. The basis for review of application for rezoning entails a review of data and analysis in support of the rezoning; analysis of the impact of the rezoning on public facilities Levels of Service; and an analysis of the need for the proposed rezoning in relation to the goals, objectives, and policies of the Comprehensive Plan.

Rezoning requests shall be submitted to the Planning and Development Division on an application form provided by the County, together with applicable fees, which shall have been established by resolution of the Board of County Commissioners. The application shall contain, at a minimum, the following information at the Planning and Development Director's discretion.

(A)

A legal description of the property, including the size of the area in acres. For all property not included in a platted and recorded subdivision, a certified boundary survey of the property to be rezoned.

(B)

A description of the proposed rezoning, specifying the goals, objectives, and policies of the Comprehensive Plan that it supports and advances.

(C)

A detailed map showing the location of the property in the County, existing land use, existing surrounding land uses; existing zoning and boundaries of the zoning district, and the proposed boundaries of the rezoned district.

(D)

The location of existing sewer service and potable water facilities to the development site and whether or not the existing facilities will serve the new development.

(E)

The functional classification of all roadways that will be impacted by development permitted by the proposed zoning district, with current and estimated future daily traffic volumes.

(F)

The location of all public and private streets, driveways, and utility easements within and adjacent to the site.

(G)

A description of the terrain and the vegetation on the site, including an aerial photograph of the site itself, and in relation to surrounding properties.

(H)

An inventory and description of surface water and wetlands; and any floodplains on the site.

(I)

A general inventory of plant and animal species common to the area, any endangered plant and animal species, and habitats present on the site.

(J)

An inventory of trees with an estimate of canopy that they provide, and an inventory of stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas.

When considering an application for a rezoning, the review shall include the standards and criteria set forth below:

The Planning and Zoning Board shall review every request for rezoning. In reviewing and formulating recommendations to the Board of County Commissioners on rezoning applications, the Planning and Zoning Board shall specifically consider and evaluate the proposed rezoning against the following standards.

(A)

Consistency with the Comprehensive Plan. The proposed rezoning is consistent with the goals of the Hardee County Comprehensive Plan.

(B)

Concurrency Analysis. The proposed rezoning contains an analysis of the Levels of Service for all public facilities and services; identifies the timing of improvements to maintain Levels of Service established by the Comprehensive Plan; and estimates the cost of such improvements to the County and to the developer; for transportation concurrency, this determination shall consist of a preliminary assessment of the impacted segments on the adjacent street system. Additional analysis may be made based on procedures described in the Hardee County Traffic Impact Study Procedures Manual based on the discretion of the County Engineer or designee.

(C)

Impact Analysis. The proposed rezoning has been analyzed to identify future adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibilities and the general welfare of the County.

(D)

Zoning and Use of Nearby Property. An analysis of the range of development that will occur as a result of the rezoning, in comparison to the existing pattern of development, and the future pattern established by the Comprehensive Plan. Depending on the uses permitted in the proposed zoning district, inconsistency in the two patterns may be created.

(E)

Substantial Changes in Land Use Circumstances. Analysis of the effect of significant changes in land use in the vicinity of the proposed rezoning. Such changes are substantial if they include: widening of a street, expansion of existing permitted uses, the completion of a subdivision that was previously platted, the construction of a new public facility, such as a park, or any number of other examples. One such change may not be significant and may not justify the rezoning, but several would be and may justify rezoning to higher intensities.

(F)

Compatibility Standards.

(1)

Whether one or more of the following design standards proposed for the subject property will differ substantially from the design standards currently allowed for any of the adjacent properties, such as:

(a)

Yards;

(b)

Setbacks;

(c)

Height;

(d)

Lot Coverage;

(e)

Impervious Surface Coverage;

(f)

Parking;

(g)

Hours of Operation.

(2)

Whether the intensity or density of use will be greater or lesser than that currently permitted for adjacent or currently existing properties.

(3)

Whether the proposed change in land use will adversely alter the existing land use pattern.

(4)

Whether the proposed change in land use will significantly increase traffic congestion or otherwise affect public safety.

(5)

Whether the proposed change in land use will adversely affect the drainage of the property.

(6)

Whether the proposed change in land use will decrease the quality of water, air, or light to adjacent properties.

(7)

Whether the proposed change in land use will cause noticeable glare, noise, or odors for the adjacent properties.

(8)

Whether the proposed change in land use would create a mixture of land uses so dissimilar to the existing pattern of development, that the overall quality and character of the surrounding neighborhood would be degraded.

(9)

Whether the detrimental effects of any identified incompatibilities can be mitigated or eliminated by adequate buffering.

Applications for rezoning shall be considered at duly noticed public hearings in accordance with Article 10 and applicable provisions contained in F.S. § 125.66.

The Planning and Zoning Board may consider the following conditions when recommending approval of an application for a rezoning:

(A)

The proposed rezoning is consistent with the Hardee County Comprehensive Plan.

(B)

The proposed rezoning will not degrade the Level of Service of one or more public facilities and services, or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the County as stated in the Capital Improvements Element.

(C)

The proposed rezoning and all permitted uses are compatible with development on surrounding property; or compatibility can be achieved by the imposition of conditions, buffers, or limitations on the uses within the zone, which are specified in the Planning and Zoning Board's recommendation. By this analysis the Planning and Zoning Board determines whether or not the proposed rezoning provides "appropriate use" of the property.

The burdens of proof in a rezone are as follows:

(A)

The initial burden is upon the applicant to prove that the rezoning proposal is consistent with the Comprehensive Plan and complies with all procedural requirements of this Unified Land Development Code.

(B)

At this point, the burden shifts to the County to demonstrate that maintaining the existing zoning classification with respect to the property accomplishes a legitimate public purpose. The County has the burden of showing that the refusal to rezone is not arbitrary, discriminatory, or unreasonable.

Within 30 days of receipt of the Planning and Zoning Board recommendation, the Board of County Commissioners shall hold a public hearing, after due public notice, on all recommendations associated with a rezoning from the Planning and Zoning Board. It may accept, reject, modify, return, or continue and seek additional information on those recommendations. No approval of an application for rezoning shall be granted unless approved by a majority of the Commissioners voting.

(A)

Planning and Zoning Board Review. The Planning and Zoning Board shall serve as the Local Planning Agency. The Local Planning Agency (LPA) shall review and consider all applications for rezoning in accordance with Ch. 163, F.S.

(B)

Planning and Zoning Board Recommendation. The Board shall submit a recommendation, including the applications' consistency with the Comprehensive Plan, to the BOCC regarding each application, and may recommend that an application be:

(1)

Approved;

(2)

Approved subject to modifications; or

(3)

Denied.

(C)

BOCC Review.

(1)

Required Public Hearings for Rezoning Applications. In accordance with F.S. § 125.66, the BOCC shall hold a minimum of one public hearing to consider the rezoning application. The public hearing shall be held following receipt of recommendations from the Planning and Zoning Board. At the public hearing the BOCC may take action to:

(a)

Approve an amendment;

(b)

Approve an amendment subject to modification; or

(c)

Deny an amendment.

PUD zoning shall be enacted following the same general procedures set forth in Article 9 for zoning amendments. However, the additional provisions set forth in this section shall also apply.

9.05.01.01 Conditions

The Board of County Commissioners may attach suitable conditions which shall be binding upon the applicant and any successors in interest. Any such conditions shall be incorporated in the ordinance enacting PUD zoning for the subject property.

9.05.01.02 Concept Plan Review

Prior to submitting an application for PUD zoning or for modification of existing PUD zoning, the applicant shall submit concept plans for review and comment by applicable County departments in accordance with administrative procedures established for concept reviews. The purpose of such review is to provide applicants and their agents with information which will help in the preparation of a PUD zoning petition that conforms to the requirements of this code. At a minimum, concept plans shall:

(A)

Include a map showing dimensioned boundaries of the subject parcel or parcels, all existing streets, buildings, water courses, and other relevant existing physical features in and adjoining the project.

(B)

Designate various modules of land, the approximate acreage of each and the use or uses to which each module of land will be placed.

(C)

Designate the number of residential units or the gross square footage of nonresidential uses in each module.

(D)

Designate the location and size of thoroughfares and other vehicular and pedestrian circulation facilities to be located in the planned unit development.

(E)

Include such other information as may be required by the County to determine conformance with standards of this Code.

9.05.01.03 Planning and Zoning Board Action

Upon review of an application for Planned Unit Development zoning and completion of one or more public hearings as required by this Code, the Planning and Zoning Board shall:

(A)

Recommend enactment of a requested Planned Unit Development zoning if it determines that the requested zoning will conform to the criteria set forth in Section 3.05.00;

(B)

Recommend enactment of a requested Planned Unit Development Zoning including Concept Plan and Conditions (Master Development Plan) subject to conditions if it determines that the requested zoning subject to the recommended conditions will conform with the criteria set forth in Section 3.05.00 and that the applicant accepts the conditions; or

(C)

Recommend denial of the requested zoning if it determines that the requested zoning does not conform to the criteria set forth in Section 3.05.00 or that the applicant does not accept conditions which will result in conformity to the criteria.

9.05.01.04 Board of County Commissioners Action

Upon review of an application and Planning and Zoning Board recommendations and upon completion of one or more public hearings as required by this Code, the Board of County Commissioners shall:

(A)

Enact the requested Planned Unit Development zoning if it determines that the requested zoning will conform with the criteria set forth in Section 3.05.00;

(B)

Enact the requested Planned Unit Development zoning subject to the Concept Plan (Master Development Plan) and conditions if it determines that the requested zoning subject to said conditions will conform with the criteria set forth in Section 3.05.00 and that the applicant accepts the conditions; or

(C)

Deny the requested zoning if it determines that the requested zoning application does not conform to the criteria set forth in Section 3.05.00 or that the applicant does not accept conditions which will result in conformity to the criteria.

(A)

Applicants for PUD zoning shall submit the same information required for a rezoning pursuant to the provisions of Article 9.

(B)

Applicants for PUD zoning shall also submit a Site Development and Standards Plan which shall at a minimum:

(1)

Include a legal description of the subject parcel or parcels along with the total acreage of each parcel.

(2)

Include a map showing dimensional boundaries of the subject parcel or parcels, all existing streets, easements, buildings, water courses, and other relevant existing physical features in and adjoining the project.

(3)

Designate various modules of land and the acreage of each.

(4)

Designate the use or uses to which each module of land will be placed.

(5)

Designate the number of residential units of various types along with the gross residential density to be located in each module of land.

(6)

Designate the square footage of gross building area to be devoted to each type of residential and non-residential use in each module.

(7)

Include alternative development regulations which provide at least as much development guidance as would conventional zoning regulations and a justification statement outlining why such alternative regulations should be granted.

(8)

Designate the location and size of thoroughfares and other vehicular and pedestrian circulation facilities to be located in the planned unit development.

(9)

Designate the location and size of main sewer, water, electrical, and other utility lines to serve the site.

(10)

Include such agreements, contracts, covenants, deed restrictions, and other instruments which the County may require to bind the controlling entity and all existing and successive holders of title to the subject property to full compliance with the enacted development standards plan and any conditions attached thereto by the County pursuant to enactment.

(11)

Include a schedule for completion of the Planned Unit Development in a single development operation or in a programmed series of development phases.

(12)

Include such additional development details or other documentation as may be deemed necessary by the County to determine compliance with all requirements of this code. Such additional development details may, but will not necessarily include, property surveys, subdivision plats and subdivision construction plans, utility plans, site plans, building elevations, and building floor plans.

9.05.03.01 Site Plan Review and Approval Required.

After a parcel or group of parcels has been zoned as a PUD, all improvements not subject to review and approval pursuant to the subdivision regulations of this Code shall be subject to site plan review. Except, however, site plan review shall not be required:

(A)

For the construction of single-family and two-family dwellings and related improvements on lots designated by the Concept Plan and Conditions (Master Development Plan) for such purposes; or

(B)

For the construction of any improvements which are specified in the Concept Plan and Conditions (Master Development Plan) to a level of detail equal to or greater than is required pursuant to the site plan review provisions of this Code.

9.05.03.02 Changes to Site Development and Standards Plans, Conditions and Covenants

Proposed changes to PUD Concept Plan (Master Development Plan), conditions, covenants and any other provision incorporated as part of the ordinance enacting PUD zoning for a particular parcel or parcels, shall be reviewed by the Planning and Development Director to determine whether the change is a major or minor modification from previously approved plans or conditions. Any modification of an approved PUD plan which involves a change in land use shall be considered a major modification. Other modifications may be declared major modifications if the Planning and Development Director determines they deviate substantially from an approved PUD plan. Requests for major modifications shall follow the same procedure set forth herein for PUD zoning.

Any proposed change to an approved PUD which does not constitute a major modification shall be considered a minor modification. At the discretion of the Planning and Development Director, minor modifications may be referred to the Planning and Zoning Board with a recommendation or, if the Planning and Development Director deems the proposed change to be de minimus, they may make the minor modification administratively. Action by the Planning and Zoning Board or Planning and Development Director in such cases shall be final. Requests for minor modifications shall include a revised PUD plan indicating the effect of the proposed changes and the reasons why the changes are necessary.

Prior to the effective date of this Article, parcels of land were zoned Planned Unit Development. It is the intent of this Article that parcels which were so zoned, and which are zoned Planned Unit Development pursuant to this Article, shall be regulated by the language contained in the particular ordinance which designated them as Planned Unit Developments. However, this intent does not apply to parcels which were at one time zoned Planned Unit Development, but which were specifically rezoned by subsequent ordinances including those ordinances enacted prior to and after this Article. Notwithstanding the foregoing, nothing herein is intended to or shall be interpreted as limiting the County's authority to initiate the rezoning of any parcel of land.

Limited Special Use Permits in a residential district for serious medical and family issues may be approved as outlined in Section 2.07.00.

(A)

Application; Fees. All requests for Limited Special Use Permits shall be submitted on an application form available from the Planning and Development Department, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable.

(1)

A legal description and street address of the property.

(2)

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

(3)

Narrative description of the request along with a justification for its consideration.

(4)

Concept Development Plan.

The granting of a Limited Special Use Permit shall be based on a determination by the Board of County Commissioners at an advertised public hearing that the request will not be permanent and thus be contrary to the public interest and the intent of this Code. Considerations of health, convenience, or economics shall be considered as justification for a Temporary Special Use Permit. Approval of a Limited Special Use Permit shall be completed via Resolution and be based solely on the following criteria, all of which must be fully satisfied:

(A)

Special conditions and circumstances exist that are peculiar to the applicant involved, which include but are not limited to, temporary siting of mobile homes on a large residential lot - at minimum, within F-R and A-1 zoned districts on properties meeting the minimum lot area requirements - for temporary living quarters for family members who may be mentally or physically handicapped.

(B)

Special conditions are temporary and do not destroy the character of the residential district.

(C)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant.

(D)

That the permit granted is the minimum Limited Special Use Permit that will make possible a reasonable use of the land or structure.

(E)

That the granting of the Limited Special Use Permit will be in harmony with the general intent of this Code, and that such Limited Special Use Permit will not be injurious to the area involved or otherwise detrimental to the public welfare.

(F)

That the permit will be granted for not more than two years and expire thereon. Sixty days before expiration, the applicant may apply to the Planning and Development Department to renew the permit. A renewal fee will be charged and shall be granted by the Planning and Development Director if the circumstances have remained the same and none of the above has been violated. The Limited Special Use Permit must be renewed every six months thereafter. A renewal application and fee will be required every six months and will be subject to the same regulations listed here.

(G)

A Limited Special Use Permit shall become null and void if it is not exercised, as evidenced by the pulling of all necessary permits within 12 months of the date of approval by the BOCC.

For each Limited Special Use permit granted, the applicant shall sign an affidavit stating that when the Limited Special Use permit for the specific individual use/need is no longer applicable, the temporary structure shall be removed from the property, the Board of County Commissioners shall approve, and the Chairman shall sign the Resolution.

Hardee County finds that there are certain uses that exist which may be constructed, continued, and/or expanded provided they meet certain mitigating conditions specific to their design and/or operation, in addition to the general requirements provided by this Zoning Code. Such conditions ensure compatibility among building types so that different uses may by located in proximity to one another without adverse effects to either. Uses Permitted with Conditions are those uses that may be treated as a permitted use if the use or structure complies with specifically identified conditions. It is the purpose of this Section to describe the standards and the review process for a Use Permitted with Conditions.

Uses Permitted with Conditions are permitted, as identified in the Table of Land Uses, if they meet the listed conditions in Section 4.02.00, and subject to all other applicable standards.

At the Planning and Development Director's discretion, any development plans larger than five acres or any development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval. The regulations that govern Uses Permitted with Conditions are set forth in Section 4.02.00. Where standards provided in Section 4.02.00 exceed and/or create greater restrictions than those of the underlying zoning district, Section 4.02.00 shall supersede any other provision of this Code. Where no standard is established in Section 4.02.00, that of the relevant zoning district and/or conditions as assigned by the Planning and Zoning Board shall apply. Upon determination that the proposed use can meet the required conditions, the Applicant/Property Owner may proceed with the site plan, subdivision plan, and/or submittal of Engineering/Construction Plans and/or Building Permits, as required.

The Planning and Development Director will determine the required materials for submittal to determine if the proposed use and site meet the conditions required for the use as set forth in Section 4.02.00.

(A)

Contents. The application shall contain the following items, as applicable.

(1)

A legal description and/or parcel ID and street address of the property.

(2)

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

(3)

Site plan or sketch plan drawn to scale showing the following items.

(a)

The dimensions of the property.

(b)

The existing and proposed location of structures on the property including signage, vehicular accessways and circulation areas, off street parking and loading areas, sidewalks, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas.

(c)

The measurements of existing and proposed adjacent rights of way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

(4)

A tabular summary describing the proposed use of the property including the following items.

(a)

Existing and proposed use of property.

(b)

Conditions on the use, such as hours of operation, numbers of residents, etc.

(c)

Area of the property, pervious, and impervious areas, and existing and proposed structures.

(d)

Number of required and provided off-street parking and loading spaces, existing and proposed density, and number of existing and proposed units.

(5)

Other pertinent information as determined by the Planning and Development Director.

(A)

Application. A pre-application conference is optional at the applicant's and/or the Planning and Development Director's request if the applicant intends to operate a use or develop a structure that is intended to be occupied by a use set forth as a use Permitted with Conditions in the Table of Uses. The purpose of the conference is to advise the applicant of any additional information required for the review of the application for a Permitted with Conditions use. The Planning and Development Director shall inform the applicant if the application materials are sufficient for review and whether the application will require DRC or Planning and Zoning Board review.

It is anticipated that there may be instances in which the applicant may not know at the time of the pre-application conference/original application all of the uses to which structure(s) in a development will be assigned, therefore, the applicant may seek a determination on whether a proposed use qualifies as a Use Permitted with Conditions from the Planning and Development Director at any time. An application shall be submitted with information, as the Planning and Development Director shall request. The Planning and Development Director shall inform the applicant of whether the application materials are sufficient for review and whether the application will require Planning and Zoning Board review.

No person, however, shall have any right to operate a use identified as a Use Permitted with Conditions unless all the conditions specified in Section 4.02.00 related to that use and/or conditions set by the Planning and Zoning Board are currently and continuously complied with. It shall be a violation of these Regulations to operate any use delineated in this Article without complying with the applicable conditions.

(B)

Review and Approval. At the Planning and Development Director's discretion, any development plans larger than five acres or any development plans that may have compatibility concerns based upon intensity, location, or use. All other applications will be approved administratively.

(1)

Administrative. The Planning and Development Director, and any necessary staff, will review the application for Use Permitted with Conditions to determine if the proposal meets the conditions as outlined in Section 4.03.00. If the proposal meets the required conditions, the Use Permitted with Conditions is approved, the applicant can move forward as a permitted use.

(2)

Planning and Zoning Board. The Planning and Zoning Board shall hold a public hearing for each application that requires review by the Planning and Zoning Board. The Planning and Development Director shall submit a written report containing their recommendations relating to the proposed Use Permitted with Conditions to the Planning and Zoning Board prior to the meeting at which the application will be heard. A copy of the report shall be made available to the applicant. The Planning and Zoning Board may impose conditions or safeguards found to be necessary to ensure the compatibility of the Permitted with Conditions Use with surrounding properties or the community in general. These may include, but are not limited to, requiring restrictions on hours of operation and size of buildings, additional landscape and buffer areas, limiting vehicular access points and location of off-street parking, and similar conditions.

(C)

Basis of Review. In considering any application for a Use Permitted with Conditions permit, the Planning and Development Director and the Planning and Zoning Board may consider the following minimum criteria, to the extent they are pertinent to the particular application.

(1)

Character of the neighborhood.

(2)

Compatibility with adjacent property uses and zoning.

(3)

Suitability of the property for which the conditional use is being requested.

(4)

Consistency with permitted uses in the area in which the permitted with conditions use is sought.

(5)

Extent to which the proposed use will negatively impact the aesthetics of the property and adjoining properties.

(6)

Impact of additional storm water runoff to the existing system or to the watershed area if no storm sewer is available.

(7)

Impact of noise pollution or other environmental harm.

Conditions provided in Section 4.02.00 should be utilized for consideration of conditions to be applied to address potential incompatibility issues when reviewing proposed Uses Permitted with Conditions.

It is the intent of this Section to provide the process for review of "Special Exception" uses. Special Exception uses are those uses that have some special impact or uniqueness such that their effect on the surrounding environment cannot be accurately determined in advance of the use being proposed. Special Exception Uses are generally considered to be appropriate for any zoning district that permits that particular use but may require more close examination for compatibility at a particular location.

Special Exception Uses shall be granted under specific circumstances and on a case-by-case, site-by-site basis only for those uses specified as Special Exception Uses on the Table of Land Uses. They are designated by the letter "S" and require approval of an application by the Board of County Commissioners as outlined in the following sections. Minimum development standards for Special Exception Uses are found in Article 4, Section 4.02.00.

The Planning and Zoning Board will hear and make recommendations on Special Exception applications to the Board of County Commissioners. The Board of County Commissioners shall hear and decide applications for Special Exceptions authorized under this Code in the manner prescribed below.

(A)

Application; Fees. All requests for Special Exception Use shall be submitted on an application form available from the Planning and Development Division, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable:

(1)

A legal description and street address of the property.

(2)

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

(3)

Narrative description of the request along with a justification for its consideration.

(4)

Concept Development Plan or Site Development Plan at the discretion of the Planning and Development Director.

(5)

A concurrency analysis of all public facilities and services for which a Level of Service has been established in the Comprehensive Plan, pursuant to the standards and procedures of these Codes.

(6)

A detailed Site Development Plan drawn to scale showing the following.

(a)

The dimensions of the property.

(b)

The existing and proposed location of structures on the property including signage, vehicular accessways and circulation areas, off-street parking and loading areas, sidewalks, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas.

(c)

The measurements of existing and proposed adjacent rights-of-way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

(7)

A tabular summary describing the proposed use of the property including:

(a)

Existing and proposed use of property.

(b)

Conditions on the use, such as hours of operation, numbers of residents, etc.

(c)

Area of the property, pervious, and impervious areas, and existing and proposed structures.

(d)

Number of required and provided off-street parking and loading spaces, existing and proposed density, and number of existing and proposed units.

(A)

Completeness Review. Within 30 calendar days of receipt of an application, the Planning and Development Division shall:

(1)

Determine that the information submitted as the application is incomplete and inform the applicant in writing of any deficiencies.

(2)

Determine that the plan is complete and proceed with formal review.

(B)

Incomplete Application Expiration. Applications that are not made complete by the applicant will expire after 90 days.

(C)

Standards of Review for Special Exception Uses. At the time of a proposal for a particular Special Exception Use, a detailed review of the location, design, configuration, and impact will be conducted by comparing the proposed use to fixed standards. Of particular importance are standards for weighing the public need for and benefit to be derived from the use, against the greater than local impact that it may cause. The review considers the proposal in terms of:

(1)

Whether and to what extent, the Special Exception Use at the particular location for which it is proposed, is necessary or desirable and in the interest of furthering the Comprehensive Plan, of providing for the public convenience, or of contributing to the general welfare of Hardee County.

(2)

Whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the Special Exception Use on the immediate vicinity and on the public health, safety, and welfare in general.

(3)

Whether and to what extent, planned and proposed public and private developments may be adversely affected by the Special Exception Use.

(4)

Whether and to what extent existing zoning and land use in the vicinity of the Special Exception Use require special considerations and conditions.

(5)

Whether and to what extent, the proposed Special Exception is compatible with the following standards.

(a)

Whether one or more of the following design standards proposed for the subject property will differ substantially from the design standards currently allowed for any of the adjacent properties, such as:

1.

Yards;

2.

Setbacks;

3.

Height;

4.

Lot Coverage;

5.

Impervious Surface Coverage;

6.

Parking;

7.

Hours of Operation.

(b)

Whether the intensity or density of use will be greater or lesser than that currently permitted for adjacent or currently existing properties.

(c)

Whether the proposed change in use will adversely alter the existing land use pattern.

(d)

Whether the proposed change in use will significantly increase traffic congestion or otherwise affect public safety.

(e)

Whether the proposed change in use will adversely affect the drainage of the property.

(f)

Whether the proposed change in use will decrease the quality of water, air, or light to adjacent properties.

(g)

Whether the proposed change in use will adversely affect the property values of the adjacent properties.

(h)

Whether the proposed change in use will cause noticeable glare, noise, or odors for the adjacent properties.

(i)

Whether the proposed change in use would create a mixture of land uses so dissimilar to the existing pattern of development, that the overall quality and character of the surrounding neighborhood would be degraded.

(j)

Whether the detrimental effects of any identified incompatibilities can be mitigated or eliminated by adequate buffering.

(D)

Report to Planning and Zoning Board. Each application shall include a written report containing recommendations on the proposed Special Exception or Variance to the Planning and Zoning Board prior to the meeting at which the application will be heard. A copy of the report shall be made available to the applicant. The Planning and Zoning Board review shall include a concurrency management review of the proposed use pursuant to the standards and procedures in Article 6 of this Code.

(E)

Planning and Zoning Board Hearing. The Planning and Development Director, or their designee, shall forward the application, any attachments, and a staff report to the Planning and Zoning Board for their consideration. The Planning and Zoning Board shall hold a public hearing to consider the application and shall make a recommendation to approve, to approve with conditions, or to deny the request to the Board of County Commissioners. Public notice shall be provided consistent with Section 10.10.00.

(F)

Board of County Commissioners Review. The Planning and Development Director, or their designee, shall forward the application, any attachments, a staff report, and the Planning and Zoning Board's recommendation, to the Board of County Commissioners. The Board of County Commissioners shall hold a public hearing to consider the application and make a final decision on the request. Public notice shall be provided consistent with Section 10.09.00. The Board of County Commissioners shall accept, reject, modify, return, or continue for the purpose of obtaining additional information on any conditions or issues associated with the application. No approval shall be granted unless the request is approved by a majority of the Board of County Commissioner members voting. Approval of a Special Exception request shall be in the form of a record of decision that may, at the discretion of the County Attorney, be required to be recorded as a restrictive covenant.

(G)

Restrictions, Stipulations, Conditions, and Safeguards. The development and use of the site of an approved Special Exception Use shall be in accordance with the approved Site Development Plan and application materials. The approved Site Development Plan shall be adopted as part of the Record of Decision approving the Special Exception Use, and all development shall be in compliance with that plan. The Planning and Zoning Board may recommend, and the Board of County Commissioners may impose before granting any Special Exception Use, any restrictions, stipulations, conditions, or safeguards found to be necessary to ensure the compatibility of the Special Exception Use with surrounding properties or the community in general. These may include, but are not limited to:

(1)

Requiring restrictions on hours of operation and size of buildings.

(2)

Requiring additional landscape and buffer areas.

(3)

Limiting vehicular access points.

(4)

Prescribing the location of off-street parking.

(5)

Other conditions which are reasonable and necessary to preserve the General Welfare of Hardee County.

(6)

A time limitation on the length of the permit in accordance with the provisions of Section (G) below and may require the posting of a guarantee or bond in a reasonable amount by the applicant.

Violation of any such condition or safeguard shall be deemed a violation of these Regulations and may result in a revocation of any Special Exception Use in addition to any other remedy for such violation provided in this Code.

(H)

Time Limitations, Extensions, Renewals. In addition to the time limits set forth in this Article, the Board of County Commissioners may require, as a condition to the approval of any Special Exception Use, that it shall be approved for a specified period of time; that it may be subsequently extended for a designated period by the Board of County Commissioners; or that it may be periodically reviewed and renewed by the Board of County Commissioners.

(I)

Burden of Proof for a Special Exception Use. The burden of proof for a Special Exception Use is as follows:

(1)

The initial burden is upon the applicant to prove that the Special Exception Use request is consistent with the Comprehensive Plan and complies with all procedural requirements of the Unified Land Development Code.

(J)

Findings for Approval of a Special Exception Use. The Planning and Zoning Board may recommend and the Board of County Commissioners may approve a Special Exception Use application when the set criteria listed below has been met. The criteria include, but are not limited to, the following:

(1)

The proposed Special Exception Use is consistent with the Hardee County Comprehensive Plan.

(2)

The proposed Special Exception Use would not degrade the Level of Service of one or more public facilities and services or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan.

(3)

The proposed Special Exception Use at the proposed location will not result in adverse impacts to adjacent property, the character of the neighborhood, traffic conditions, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare.

(K)

Findings for Denial of a Special Exception Use. The Planning and Zoning Board may recommend and the Board of County Commissioners may deny an application for any Special Exception Use for one or more of the following reasons:

(1)

The proposed Special Exception Use is inconsistent with the Hardee County Comprehensive Plan.

(2)

The proposed Special Exception Use would degrade the Level of Service of one of more public facilities and services and contains no commitment to make improvements to maintain acceptable Levels of Service.

(3)

No community need can be demonstrated for the proposed Special Exception Use at the proposed location.

(4)

The proposed Special Exception Use does not meet all of the standards and requirements of this Code that are applicable to it.

(5)

The proposed Special Exception Use at the proposed location results in an adverse impacts on adjacent property, the character of the neighborhood, traffic conditions, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; and no reasonable conditions have been, or can be, derived or agreed upon that will address the concerns of the Planning and Zoning Board and/or Board of County Commissioners and mitigate the impact of the proposed Special Exception Use.

(L)

Approval by Record of Decision. The Board of County Commissioners by a Record of Decision shall approve Special Exception Uses. The approved concept plan and all conditions shall be attached to the Record of Decision. All development and use of the property shall comply with that Record of Decision and shall be considered binding on the applicant and any subsequent owners. The approval may, at the discretion of the County Attorney, be required to be recorded as a restrictive covenant.

(M)

Written Findings. The Board of County Commissioners shall make written findings of its decision, which shall be furnished to the applicant. If the Special Exception Use is approved, a copy of the signed Record of Decision will be sent to the applicant.

(A)

Special Exception Uses Run with the Land. Special Exception Uses are not personal in nature and shall run with the land. However, a Special Exception Use shall be approved only on the basis of the concept plan submitted with the application and shall be valid only for the location and area shown on the approved development plan which shall include a floor plan, if applicable.

(B)

Activating a Special Exception Use. Approval of the Special Exception Use shall give the applicant authority to submit an application for development permits and/or other appropriate approval. Where the Special Exception Use approval does not require development permits, the applicant shall provide written evidence to the County that the activity granted has been initiated within the time prescribed by the County, or that right or privilege shall expire.

Applicants who have obtained an approval for a Special Exception by the Hardee County Board of County Commissioners but will be unable to initiate the development, use, or activities permitted by the granting of the Special Exception within one year of the date of approval or as required by Section 9.08.05, may apply to the Planning and Development Division for an extension of the approval. The request for an Extension must be in writing on forms provided by the Planning and Development Division.

The request shall contain the following information.

(A)

Copy of the Record of Decision.

(B)

Narrative describing:

(1)

Reason(s) why the Special Exception Use cannot be activated within 12 months of the date of approval.

(2)

Anticipated timeline for activation of the Special Exception Use.

(3)

Extension period requested.

The Planning and Development Director shall review the application for extension and provide written notification to the applicant of approval or approval with conditions. Any request for an extension of a Special Exception Use, which, in the Planning and Development Director's determination, cannot be reasonably supported for approval or approval with conditions, shall be brought before the Board of County Commissioners for consideration.

Only one extension may be granted administratively by the Planning and Development Director if the applicant can demonstrate good faith reliance. Good faith reliance may include, but is not limited to, the securing of any required permits from other governmental agencies/jurisdictions or the expenditure of substantial funds in reliance on the approved Special Exception Use. The extension shall not exceed 180 days (six months) from the date of the original approval by the Board of County Commissioners. Two additional extensions may be granted by the Board of County Commissioners only, but the sum of all extensions granted shall not exceed 24 months from the date of the original approval.

Minor amendments not altering the intent and purpose of the approved Special Exception Use may be approved by the Planning and Development Director after such departmental comment as they deem appropriate. Amendments to an approved Special Exception Use, which the Planning and Development Director deems to be major, shall require the submittal of an application and compliance with the review procedures as set forth in this Section and as otherwise provided in this Article.

It shall be the responsibility of the owner of the property and the operator of the use for which a Special Exception Use has been granted to develop, improve, operate, and maintain the use, including the site, buildings, and all site elements, in accordance with the provisions of these Codes and all conditions of Special Exception Use approval until the use is discontinued. Failure to comply with the provisions of this Section shall be a violation of the use provisions of this Code and shall be subject to the same penalties appropriate for a use violation.

The County may make periodic investigations of developments for which a Special Exception Use has been approved. Noncompliance with requirements or conditions of approval in the Record of Decision shall constitute grounds for the Board of County Commissioners to rescind Special Exception Use approval.

(A)

Jurisdiction. The Board of County Commissioners hereby reserves to itself the jurisdiction and authority to review and revoke Special Exception Use approvals.

(B)

Revocation. The Board of County Commissioners may revoke the Special Exception Use if the use violates the conditions or site plan in the Record of Decision approving the Special Exception Use.

If a Special Exception Use does not begin to serve the purpose for which it was granted permission within 180 days from the date of approval, it shall expire unless granted an extension by the Planning and Development Director or the Board of County Commissioners in accordance with Section 9.08.05 of this Code. Provided, however, that the Board of County Commissioners may establish a shorter or longer period for a Special Exception Use to commence. Once initiated, the Special Exception use may continue indefinitely or until the expiration of any time limit established as a condition of approval.

However, if such use is abandoned for 180 days, it shall expire unless granted an extension by the Planning and Development Director or the Board of County Commissioners in accordance with Section 9.08.06 of this Code.

The procedures for Mining Major Special Exceptions are addressed in Article 13.

Development Plans shall be required for all subdivision, multi-family residential, and nonresidential development, to ensure that site specific development projects meet the requirements of this Code prior to the issuance of a building permit or business license, if applicable. It is the intent of this Section that the Development Plan process be the instrument by which improvements to the site will be constructed and inspected, and by which final inspection and Certificate of Occupancy shall be issued. The Development Plan process is also used to verify compliance with Code requirements as sites change uses.

Notwithstanding the Master Development Plan required for Planned Unit Development zoning requests and the subdivision review process, three types/levels of development plans are established by this Code: Concept Development Plans, Site Development Plans, and Construction Plans.

The purpose for the Concept Development Plan is to present information in an illustrative form to supplement, graphically, requests typically described narratively. Concept Development Plan approval shall be required prior to issuance of a building permit for the following: (This is a representative list. For a complete list, see Table of Land Uses, Article 3, Table 3.03.00(A).

(A)

Requests for variances, waivers, and administrative adjustments.

(B)

Requests for Temporary Special Use Permits.

(C)

Special Exceptions.

(D)

Any other type of request that the Planning and Development Director determines to be appropriate to provide adequate information for review, to protect the public health, safety, and welfare.

The purpose for the Site Development Plan is to provide a true code compliance review for site improvements being proposed by development. Information on the plan, both graphically and tabularly, must be in such form and detail to verify that code compliance can be met, including but not limited to concurrency.

Site Development Plan approval shall be required prior to the issuance of a building permit for the following: (This is a representative list. For a complete list, see Table of Land Uses, Article 3, Table 3.03.00(A).

(A)

All non-residential uses, including hotels, motels, and RV parks;

(B)

Multiple-family residential use;

(C)

Manufactured/mobile home parks;

(D)

Clubhouses or similar facilities built on common property within a subdivision;

(E)

Division of an existing development site (such a division shall result in a new or modified Site Development Plan for previously existing development, in addition to a separate plan for new development);

(F)

An expansion or reconfiguration of any of those types of development that are subject to Site Development Plan requirements; or

(G)

Any other type of development that the Planning and Development Director determines to be appropriate for the Site Development Plan review process in order to protect the public health, safety, and welfare;

(H)

Farmworker housing.

(I)

For changes of use to verify compliance with Code requirements.

The purpose of the Construction Plan is to provide sufficient technical information to proceed with site construction. Construction Plans shall be technically complete and contain complete working drawings and design specifications. Construction Plans shall be signed and sealed by a professional engineer. All required extra-jurisdictional permitting shall be in place prior to any earth movement.

9.10.05.01 Concept Development Plan

The Concept Development Plan shall be an attachment to the application, narrative description and any other supporting documentation required for review and processing, and the requisite application fee. Concept development plans, being illustrative in nature, are established to provide information and context to requests such as variances, temporary special use permits, special exceptions, and other requests where concept development plans are permitted. In effect, the plan itself is not approved; only the nature of the request the plan illustrates. For example, a concept development plan will be required when evaluating a request for a setback variance. However, what is being evaluated and approved is the setback variance, not the concept development plan. The plan is an illustrative tool for staff, the Planning and Zoning Board, and the Board of County Commissioners, as necessary, to use to visually understand the scope of the request.

Those developments subject to Development Plan review as identified in the preceding paragraph shall be processed in the manner below.

9.10.05.02 Site Development Plan

Five paper copies (or as many as required by the Planning and Development Director) and a digital format acceptable to the County of the Site Development Plan, completed application forms, all necessary attachments and supporting documentation, and the requisite application fee shall be submitted to the Planning and Development Division to initiate processing of the plan. Additional site development plans shall be provided for review by other State, Regional, and County agencies upon staff request.

(A)

Site Development Plan Preparation Requirements. Where referenced in Section 9.10.03 and as further established in Table 3.03.00(A), the Site Development Plan shall be required in the form established in this Section.

(B)

Filing of Site Development Plan Applications. Applications for Site Development Plan review shall be accepted on the first Friday of each month and shall be scheduled for the DRC meeting according to the requirements of Section 9.02.00.

Where the proposed development involves only the expansion of existing structures, the Planning and Development Director may reduce or waive certain criteria, data, or other submission requirements as appropriate provided that the following conditions are met:

(1)

No existing structure will be expanded by more than 30% of its total floor area and/or seating;

(2)

No change in the existing use of the site is proposed;

(3)

No existing nonconforming use would be expanded, and all other aspects of the site are in conformity with the requirements of this Code; and,

(4)

The development site will not be reduced in size.

(C)

Staff Review. The Development Review Committee and other appropriate individuals, if applicable, shall review all Site Development Plans with specific regard to the Codes and Ordinances of Hardee County.

The staff review shall identify matters of development policy concern and code compliance to which the developer shall address particular attention. The applicant is encouraged to respond to staff comments at this stage of review. The DRC staff shall provide specific written comments to be addressed based on review of the plan.

(D)

Revised Plans. Upon agreement by the applicant to incorporate the staff review comments into the plan, the applicant shall submit revised Site Development Plans in which all concerns of the staff have been addressed. At the Planning and Development Director's discretion, the revised plans may be considered at a second DRC meeting.

(1)

When the Planning and Development Director determines that all DRC comments have been adequately addressed; they will forward the site plan and any DRC reports for review and final action by the department or board that is vested with said authority.

9.10.05.02.01 Development Site to Be Unified

When requesting Site Development Plan approval, the applicant shall be owners of record and upon approval of the Site Development Plan the owners must show proof of undivided interest in the property and shall furnish proof that the development site is unified by title or a covenant in lieu of unity of title, subject to the County Attorney review and approval, and not spatially divided by ownership (however, multiple ownership is permissible so long as each owner or investor holds a percentage or proportionate interest in the site as a whole). The development site shall be designed to provide all required facilities, including parking and stormwater retention; no such facilities shall be located off-site. The entire site shall have the zoning designation required to accommodate the principal use.

No development site, once granted Site Development Plan approval, shall be divided except through the Site Development Plan modification process established in Section 9.10.05.05.

9.10.05.03 Site Development Plan Review and Action

The Site Development Plan shall be reviewed and approved, approved with conditions, or denied. In such cases, the Site Development Plan shall be reviewed and evaluated with specific regard to the Comprehensive Plan, applicable County codes, and the advisory recommendations of County staff.

9.10.05.04 Approval of Site Development Plans

On approval of a Site Development Plan, an applicant may submit complete site construction plans with engineering for county staff review. Construction plans submitted following an approved site development plan shall be substantially similar to the approved Site Development Plan.

Approved Site Development Plans shall remain valid for one year after approval. Granting of extensions for approval may be made by the Planning and Development Director for a single period up to 12 months from the date when a Site Development Plan would have otherwise expired. An extension may be granted if the Planning and Development Director concludes that conditions have not changed substantially so as to warrant a new application. All such requests for extensions must be submitted in writing, with the required fee, not less than 30 days before the expiration of the approved Site Development Plan stating the reason(s) for the time extension request.

9.10.05.05 Modification of Site Development Plans

Any major modification, variation or adjustment of an approved Site Development Plan shall require approval of the original approving body.

The Planning and Development Director shall determine whether a proposed Site Development Plan modification is a major modification or a minor modification. The determination shall be based on, but not limited to the following: any substantial change, including increase in density, change in permitted uses, change in stormwater runoff characteristics, change in traffic patterns, and trip generation, or other similar changes shall be considered a major modification; any proposed minor changes in configuration or similar changes shall be considered a minor modification.

9.10.05.06 Integration of Other Review Procedures

Any development involving the following provisions of this Code shall be coordinated as set forth as follows:

(A)

Development Built in Phases. Development built in phases or stages must clearly show the various phases or stages of the proposed development on the original Site Development Plan and on all subsequent Site Development Plans. Any amenity or stormwater management system proposed in any future phase shall be constructed in the first phase of development. A Site Development Plan must be submitted for each successive phase of the development.

As part of the application for Site Development Plan approval, the developer shall submit a proposed schedule for completion of such improvements. Once a schedule has been approved and made part of the Site Development Plan requirements by the Planning and Development Department, no land may be used and no building may be occupied except in accordance with the schedule approved as part of the site plan. If no schedule has been approved, no more than two years shall elapse between the filing of successive Site Development Plans.

(B)

Those developments requiring a variance from any applicable regulation of this Code, a Limited Special Use Permit request, a Special Exception use, or any other use established pursuant to Table 3.03.00(A) shall be required to submit a Concept Development Plan; however, nothing herein shall prevent an applicant from submitting a Site Development Plan meeting the data requirements established for Site Development Plan in lieu of the Concept Development Plan should the final request require a Site Development Plan. The Site Development Plan may be reviewed concurrently with review and action on the variance request, but the Site Development Plan shall not be approved until the variance has been approved.

All development proposals as set forth in this Section and subject to Site Development Plan approval shall require approval of Construction Plans prior to actual development.

9.10.06.01 Approval of Construction Plans

(A)

Upon approval of a Site Development Plan, an applicant may proceed to submit Construction Plans—detailed construction drawings—to the Planning and Development Division. These drawings shall include, but are not limited to, detailed site construction plans, drainage and stormwater management facilities, utility plans, plans and profiles and road and connection construction specifications. The applicant shall submit eight copies of signed and sealed site construction plans (or as many as required by the Planning and Development Director) and a digital format acceptable to the County, along with completed applications, supporting documentation and the requisite fee, along with all required permitting, including but not limited to the Southwest Florida Water Management District, Florida Department of Transportation, Florida Department of Environmental Protection, or any other agency with jurisdiction over the project, or evidence that such permitting has been filed with the appropriate agencies. Nothing contained herein shall preclude the processing of a Site Development Plan concurrently with a Construction Plan; however, at the Planning and Development Director's discretion, such concurrent review may be denied based on the complexity of the project.

(B)

The DRC shall review and take action on all construction plans for site plan compliance, code compliance, and technical accuracy. The DRC, through review of the Construction Plan, may request that an applicant provide additional features to ensure that the public health, safety, and welfare is protected; however, the DRC shall not approve any plan that does not meet code compliance or is otherwise at variance to any provision of this Unified Land Development Code.

(C)

Upon approval by the DRC, each copy of the signed/sealed site construction plans shall be stamped approved and initialed and dated by the Planning and Development Director. Each DRC county office shall retain one copy, as necessary; for its files; the applicant shall be provided two copies, one of which shall remain on the job site for inspection purposes. Nothing herein shall prevent an applicant from filing Construction Plans concurrently with Site Development Plans.

(D)

Approval of construction plans shall be valid for 36 months from the original date of approval. If construction has not commenced within this time frame, and the applicant has not requested an extension as outlined in this Section, the applicant shall submit new construction plans for approval. Construction may not commence prior to receiving approval of the new construction plans.

(E)

An applicant may apply for one additional time extension. Said time extension shall be for a maximum of one year and shall be reviewed by the DRC. When reviewing a request for a time extension, the DRC may request changes to the approved construction plans only to reflect policy changes to this Code, since the original construction plans were approved, relative to the health, safety, and welfare of the general public. Applications for time extension, as identified in this Section, shall be submitted prior to the expirations of the approved construction plans. If an application for time extension has been submitted prior to expiration of construction plan approval but has not been acted upon by the DRC prior to the date of expiration, the request for extension shall still be considered by the DRC, and the project shall not expire until the DRC renders a final decision either approving or denying the request. However, in no instance may a time extension be granted for a period to exceed one year from the date of the original construction plan approval, regardless of when the DRC acts upon an application for a time extension.

Failure to comply with a stamped approved Construction Plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a stamped approved Construction Plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this Section for a site plan shall constitute a violation of this Code and may be subject to a Stop Work Order.

9.10.08.01 Concept Development Plans

(A)

Boundary Sketch. Each Concept Development Plan will contain a separate sheet identifying the boundary of the parcel under consideration. Said boundary sketch may be from a parcel map, an older survey or property boundary, or other instrument that depicts the parcel of property under consideration.

(B)

Contents of Plan. The following information may be required on or in an acceptable form so as to allow the Planning and Development Division to determine sufficiency of the Concept Development Plan:

(1)

Date, north arrow, and scale not less than 1"= 100'.

(2)

Site location map related to Hardee County.

(3)

Title block identifying the name and/or title of the proposal.

(4)

Name, address, email address, and telephone number of the applicant, property owner, if different from the applicant, and the person preparing the plan.

(5)

Legal description of the property. The 18-digit property identification is sufficient.

(6)

Land use category and zoning district assigned to the property.

(7)

All roads, with functional classification identified; utilities, if any; watercourses, drainage ditches, canals, and bodies of water on the site.

(8)

General delineation of areas within the 100-year floodplain; general delineation of wetland areas.

(9)

Existing and proposed utilities.

(10)

Any easements or other recorded restrictions/encumbrances on the parcel.

(11)

Proposed layout of streets, blocks, lots, stormwater management area, buffer areas, etc., if subdivision, or proposed building, parking, drive aisle, etc., depiction is non-residential, or required/proposed setbacks, lot dimension, lot size, etc., if a variance.

(12)

Open space/common area, if proposed.

(13)

Typical lot detail identifying lot width, area, setback requirements and structural placement.

(14)

Tabular data block including total site area in acres or square feet depending on the size of the parcel, area in wetlands/floodplain, if applicable, total number of lots and gross density or, if multifamily residential, commercial, or industrial, number of units, gross square footage of building(s), floor area ratio, area of impervious surface and impervious surface ratio, area in stormwater management and area in common area/recreation/open space.

9.10.08.02 Site Development Plans

(A)

Site Survey. A survey of the proposed parcel drawn to a minimum scale of 1″ = 50′ shall accompany the application, prepared by a surveyor registered in the State of Florida prepared within one year of Site Development Plan application.

(B)

Contents of Plan. Site Development Plans shall be drawn to a minimum scale of 1" = 50' on an overall sheet size not to exceed 24 by 36 inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon.

The following information shall be required:

(1)

Site Development Plan name.

(2)

The property owner's name, address, and telephone number; and the designated project applicant or representative if other than the property owner.

(3)

The preparer's name, address, telephone number, and email address.

(4)

North arrow, scale, and date prepared.

(5)

Land use designation and zoning district assigned to the property that is the subject of the plan and to the properties contiguous thereto.

(6)

Location map at a scale of not less than 1" = 2000' and indicating State Plan Coordinates, if available.

(7)

A specific delineation of watercourses, wetlands and the 100-year floodplain on the site. Delineation should be accurate based on expertise or filed verified data.

(8)

If a residential subdivision, accurate depiction of lot layout with the lot size proposed, accurate depiction of internal roadway configuration with drainage features; e.g., if curb and gutter drainage identify curbing and curbing type on the plan; if swale drainage, identify swales and cross-section detail.

(9)

Accurate depiction of stormwater systems, including drainage flow, conveyance systems, pond location(s) with approximate size area and structures.

(10)

Location of all easements to be proposed on the site and individual lots/properties.

(11)

If multifamily residential or non-residential, location of all buildings/structures, number of floors and gross square footage, setbacks and building separations.

(12)

Location of major roads/streets at the site, along with functional classification, right-of way width, and physical characteristics of the roadway (pavement width and drainage type) and the location of all proposed accesses into the site with radii.

(13)

Completion of a traffic impact analysis based on procedures described in the Hardee County Traffic Impact Study Procedures Manual.

(14)

Location of vehicular use areas.

(15)

Depiction of proposed parking spaces and size of parking spaces.

(16)

Type, size, and location of utilities proposed, if any, including potable water, sewer, reuse, and fire hydrants.

(17)

Depiction of all buffer and landscape areas with vegetation size and type proposed. Location of all walls or fences.

(18)

Sign location and size, if any.

(19)

Typical details including roadway cross section, typical building lot with setbacks and similar details.

(20)

Tabular data block including area of the site, in acres or square feet as appropriate, area in wetlands and floodplains, if applicable, total number of lots and gross density or, if multifamily, commercial or industrial, number of units, gross square footage of building(s), floor area ratio, area of impervious surface and impervious surface ratio, area in stormwater management, area in common/open space, number of parking spaces and any other information necessary to determine code compliance of the project.

(21)

Completion of Application for Concurrency/Worksheet.

9.10.08.03 Construction Plans

All information as required by the Site Development Plan process as well as the following:

(A)

A certified survey of the site prepared by a surveyor registered in the State of Florida completed within one year of the Construction Plan application.

(B)

Plan scale shall be no greater than 1" = 50'.

(C)

Plans shall be signed and sealed by an engineer registered in the State of Florida.

(D)

All horizontal dimensions shown on the plan shall be in feet and in decimal fractions of a foot to the nearest one-tenth and all bearings in degrees, to the nearest minute.

(E)

Existing topography and proposed finished topography and finished grading with a one-foot contour interval.

(F)

Final alignments, dimensions, grades, and profiles of all proposed improvements including but not limited to streets, utilities, drainage, parking areas, structures.

(G)

Finished elevations of buildings, stormwater systems, and other improvements.

(H)

Such other calculations, computations, locations, and details as may be necessary to determine the limits of wetlands, stormwater outfalls, and other technical information that may be specified by the County.

(I)

Any agency permits including, but not limited to, FDOT, FDEP, etc.

(J)

Required stormwater permit from the SWFWMD.

(K)

Any other required permitting approving utility plans.

The purpose of this Section is to establish minimum procedures and standards to further the provisions of State Law that requires and regulates the platting of land for development; to further the goals and policies of the Hardee County Comprehensive Plan; and to set forth a process for approval of the subdivision of land within the jurisdiction of the County. Where provisions for subdividing land are either more restrictive or less restrictive than other land development codes, resolutions or rules adopted by the County, those provisions that are more restrictive and impose higher standards or requirements shall govern.

Subdivision approval procedures are set forth herein as a four-step process: Concept Plan Review; Preliminary Plat Review; Construction and Engineering Plan Review; and Final Subdivision Plat Approval. This process is intended to permit comprehensive review by the County and to benefit the applicant by identifying potential problems and their solutions at appropriate times during the process. As with all stages of the development approval process, it is the responsibility of the applicant to check all State and local regulations governing the subdivision of land and to adhere strictly to the procedures therein.

These regulations shall apply to all subdivisions, including those intended for residential, commercial, and industrial development. The provisions of this Section are applicable to the division of a parcel of land, that is defined to mean the division of contiguous land holdings by a single owner or multiple owners, regardless of how said parcels are described or recorded, into two or more parcels, lots, tracts, or sites for the purpose of transfer of ownership or building development.

Land that is subdivided into lots, parcels, sites, or tracts, each of which is 20 acres or greater in size, shall be exempt from subdivision regulations; however, such subdivision shall comply with minimum right-of-way dimension requirements for access and minimum lot frontage requirements. Also exempt from the provisions of these subdivisions regulations, except as set forth herein, are divisions and exchanges of land between contiguous landowners resulting in no more parcels than existed prior to the division and exchange, provided that the resulting parcels meet all the criteria set forth in these regulations for minor subdivisions. Upon application, staff shall review to confirm all criteria are met and shall forward it to the County Manager for final approval.

(A)

Lot Divisions By Survey or Legal Description. The Planning and Development Director may administratively approve the division of property for residential use by means of a survey or metes and bounds legal description rather than a plat under the following conditions:

(1)

The approval does not result in the creation of more than one new lot.

(2)

The approval does not create a lot which does not meet applicable zoning district standards for width, depth, and area.

(3)

Each lot has frontage on a public road, and no new public streets are needed to serve either property.

(4)

No extension of a public water or sewer system is needed.

(5)

There will be no necessity for drainage facilities serving other properties to cross either lot affected by the administrative approval (certification shall be provided by a professional engineer registered in the State of Florida).

(B)

In requesting the administrative approval, the applicant shall provide the following items:

(1)

Copy of the deed to the property. If the applicant does not own the property, they must obtain written permission from the owner, including a notarized signature, authorizing them to make the application.

(2)

Copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet.

(3)

Certified survey (if necessary).

(4)

Applicable fee as established by resolution of the Board of County Commissioners.

(C)

Adjustments to Existing Plats. Minor adjustments to a subdivision plat may be authorized by the Planning and Development Director without the requirement to replat, where all of the following conditions are satisfied:

(1)

No more than two new lots or tracts may be created.

(2)

No new street is proposed, or additional right-of-way is needed.

(3)

No vacation or elimination of streets, setback, access control or easements are required or proposed.

(4)

Such action will not result in significant increases in service requirements or interfere with maintenance of existing levels of service.

(5)

All easement requirements have been or will have been satisfied.

(6)

Such division will not result in a tract or lot without direct access to a street.

(7)

A nonconforming lot, either by dimension or area as prescribed by the applicable zoning district, will not be created.

In granting approval, the Planning and Development Director may impose such conditions, safeguards, and requirements as deemed necessary to implement the intent and purpose of this Section. The Planning and Development Director may require any division or combination of previously platted property to comply with the complete the platting process as set forth in this Section where warranted.

A minor subdivision means a division of land into not more than five lots/parcels—four new lots/parcels and a remaining lot/parcel, each with its own parcel ID. If the remaining lot/parcel is 20 acres or greater in size, said lot/parcel may stand alone and may be eligible for future subdividing through the minor subdivision process.

9.11.05.01 Approval of Minor Subdivisions

A minor subdivision of land may be approved by the Board of County Commissioners without the requirement to plat pursuant to these regulations where all of the following conditions are satisfied:

(A)

The subject property has not previously been processed through this minor subdivision procedure;

(B)

The approval does not result in the creation of more than five lots/parcels—defined as four new lots or parcels and a remaining lot/parcel;

(C)

The approval does not create a lot/parcel, or lots/parcels, that do not meet applicable zoning district standards for width, depth, and area.

(1)

Exception. Exceptions to the minimum lot size for a residential lot in the A-1 zoning district may be granted by the County to transfer to an immediate family member to serve as their primary residence. No subdivision of land approved by exception shall result in less than 2.5-acre parcels and shall require its own access with a minimum frontage on a county maintained or private road of 30 feet. Said frontage and access may be owned in fee-simple or by easement recorded in the public records of Hardee County. Where owned fee simple, the access may be included within the minimum acreage requirement. Additionally, nothing herein shall prohibit shared access of a single easement, provided that the easement is amended to include the party sharing the easement. Immediate family member is defined as persons related by blood, marriage or adoption and is limited to parents, spouses, siblings, children, grandparents, and grandchildren. Such an exception may not be granted more than one time for each family member. Exceptions shall be exercised within one year of approval or shall become null and void. Exercised, as used herein, shall mean the act of securing a building permit.

(D)

Each lot/parcel has the minimum required frontage as set forth in the zoning district in which the lot/parcel lies on a maintained public road as adopted for maintenance by the Board of County Commissioners, and as identified by the County Road and Bridge Department, and no new streets, either public or private, are needed to serve either property. Minimum frontage shall be owned in fee-simple.

(E)

No extension of a public water or sewer system is needed.

(F)

The creation of a parcel wholly within the 100-year flood zone is prohibited.

(G)

No vacation or elimination of streets, setbacks, access control, or easements are required or proposed.

(H)

Such action, either individually or cumulatively, will not result in significant increases in service requirements, interfere with maintenance of existing levels of service, or create specific service deficiencies, such as drainage, roadway maintenance, or other deficiencies.

(I)

If a drainage facility is needed an easement in favor of the party responsible for maintenance must be recorded in the public records of Hardee County prior to the transfer of ownership of the lots/parcels created through minor subdivision. A maintenance agreement imposing responsibility for maintenance of drainage facility shall be required.

(J)

If the property is located on an access management roadway corridor, the site development plan must demonstrate compliance with the applicable access management standards.

9.11.05.02 Minimum Review Requirements

In requesting an approval of a minor subdivision, the applicant shall provide the following information:

(A)

A copy of the deed to the property. If the applicant does not own the property, they must obtain written permission from the owner, including a notarized signature, authorizing them to submit the application.

(B)

A copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet.

(C)

A certified boundary survey of the proposed property completed by a surveyor registered in the State of Florida within one year of the minor subdivision application.

(D)

A minor subdivision drawing shall include a boundary survey of the property, along with a sketch, and metes and bounds description of each land lot/parcel within the property boundary to be subdivided. Individual land lots/parcels within the surveyed boundary shall be identified as lots/parcels.

(E)

If the property being divided is located in an identified stormwater problem area as shown on a map available from the County Engineer and the resultant lots/parcels are less than one acre in size, the application must also include drainage plans meeting the following requirements:

(1)

The applicant shall submit drainage calculations and plans for the collection, control, and disposal of run-off from a critical duration storm, up to, and including, a 100 year, 24-hour storm event. The calculations and plans shall be in accordance with specifications as required by the County Engineer and shall include design and performance standards pursuant to Section 62.25.025 and Section 17-3.051, Florida Administrative Code. On-site retention and detention storage shall be provided for the increased storm water run-off from the proposed development and off-site contributing areas for all critical duration design storms up to and including the 24-hour, 100-year frequency storm. The drainage facilities shall provide a release mechanism to limit the storm water run-off peak rate and timing from the storage facility to that which would have been expected from the development site under natural or pre-developed conditions up to and including a 100-year critical duration storm. The County Engineer may decrease the allowed release rate for those developments which have documented significant downstream stormwater impacts to pre-developed stormwater runoff rate from a ten-year storm. The County Engineer may require that the design of drainage construction for major channels or under major roads be predicated upon a more severe storm. Drainage systems in areas with no positive drainage outlet shall be designed to more stringent criteria to include retention of the 24-hour, 100-year frequency storm with no offsite discharge. Compliance with rules and regulations of State and Federal regulatory agencies, including, but not limited to, the Florida Department of Environmental Protection and the United States Environmental Protection Agency, is the responsibility of the applicant and/or their engineer and proof of such compliance in the form of permits (when required by the above agencies) must be submitted prior to the approval of the subdivision.

(2)

Drainage plans shall include provisions which incorporate natural drainage features into the overall drainage pattern when such incorporation does not negatively impact sensitive natural resources. Channeling runoff directly into water bodies or functioning wetlands is prohibited. Calculations for capacity of retention or detention facilities shall indicate the capacity of the facility to retain or detain with filtration at least the first inch of runoff for the design storm event. The calculations must demonstrate that the one-inch retention volume will be percolated in 72 hours, and the entire retention volume will be recovered within 360 hours.

(3)

The degree of protection from flooding offered by the stormwater management requirements of the minor subdivision review as described in Section 9.11.05.02(E)(2) is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. The stormwater management requirements for minor subdivisions in identified stormwater problem areas do not imply that minor subdivisions located outside of the identified stormwater problem areas or uses permitted within such areas will be free from flooding or flood damages. Section 9.11.05.02(D)(2) shall not create liability on the part of Hardee County or by any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.

(F)

Any established application fee, compliance review fee, plus the per-lot/parcel fee for minor subdivision shall be charged.

An application for minor subdivision approval shall be reviewed pursuant to the minimum requirements established in Subsections 9.11.05.01(A-J), above, and any other information deemed necessary to fully review the request.

In recommending approval, the County Manager/designee may propose such conditions, safeguards and requirements as deemed necessary to implement the intent and purpose of this Section and this Code. In the alternative, the County Manager/designee may recommend any division or combination of previously platted property to comply with the complete platting process as set forth in this Section where warranted.

Minor subdivisions recommended for approval by the County Manager/designee shall be submitted to the Board of County Commissioners for final action.

9.11.05.03 Processing Requirements

Any minor subdivision of land offered for processing in Hardee County shall conform to the following:

(A)

The minor subdivision drawing shall be presented on 24" × 36" sheets and shall be drawn with a marginal line completely around each sheet and placed so as to leave at least a 1/2-inch margin on three sides and a 3-inch margin on the left.

(B)

The minor subdivision drawing shall include a boundary survey of the property, along with a sketch, and metes and bounds description of each land lot/parcel within the property boundary to be subdivided. Individual land lots/parcels within the surveyed boundary shall be identified as lots/parcels.

(C)

A prominent "north arrow" shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the sheet in the notes or legend.

(D)

A permanent reference monument must be placed at each corner or change of direction.

(E)

Each survey shall show the section, township, and range as applicable, or, if in a land grant, the survey will so state. Each boundary survey shall show a description of the lands subdivided, and the description shall be the same in the title certification. The description must be so complete that from it, without reference, the starting point and boundary can be determined.

(F)

Hardee County, Florida shall appear under the name of the minor subdivision drawing in legible Arabic letters.

(G)

Certification blocks for the following shall be provided:

(1)

Chairman, Board of County Commissioners.

(2)

Surveyor.

(3)

Property Owners.

(G)

Approval blocks for the following shall be provided:

(1)

County Planning and Development Director/Designee.

(2)

Public Works Director/Designee.

(H)

Location, width, and names of all streets, waterways, or other rights-of-way shall be shown, as applicable.

(I)

Location and width of easements shall be shown on the minor subdivision drawing or in the notes or legend, and their intended use shall be clearly stated.

(J)

The application for minor subdivision drawing shall include a copy of the minor subdivision in electronic format on a digital storage media.

Upon approval of a minor subdivision, the County shall ensure one legible copy of the minor subdivision drawing and the boundary survey containing the depiction of each land lot/parcel is provided to the Hardee County Property Appraiser's Office, and one legible copy is provided to the Hardee County GIS Department for inclusion in the County's GIS system. The GIS copy shall be in electronic format in DWG or DXF format on a digital storage media or other media as identified by the County. Additionally, upon approval of the minor subdivision, the County shall prepare a Record of Decision for signature by the Chairman, Board of County Commissioners and shall record the Record of Decision with the Hardee County Clerk of Court.

Prior to any application for building permit, the parcel requesting the building permit must have its own established parcel identification number.

Whenever any subdivision of land is proposed and before any contract is made for the sale of any part thereof and before any permit for the installation of utilities, either public or private; construction; paving and drainage; or structures in a proposed subdivision shall be granted, the subdivider, or the authorized agent, shall apply for and secure approval of the proposed subdivision through submission of the following documents:

(A)

Site Development Plan.

(B)

Construction Plan.

(C)

Final Subdivision Plat.

This three-part process is designed to maintain consistency of the development process; from site design (site development), actual development (construction), and legal land sales instrument (final plat).

9.11.06.01 Site Development Plan

The Site Development Plan shall be the beginning process for subdivision and final plat approval.

9.11.06.02 Submittals

Submittal of Site Development Plans shall be as set forth in Section 9.10.08.02 as to procedure and content.

9.11.06.03 Construction Plans

Submittal of Construction Plans shall be as set forth in Section 9.10.08.03 as to procedure and content.

If at the time of application for Final Subdivision Plat approval all improvements are not satisfactorily installed, the subdivider shall post a bond or an irrevocable letter of credit of 125% of the amount estimated as sufficient to secure to the County the satisfactory construction, installation, and dedication of all required improvements. Such performance bond or irrevocable letter of credit shall comply with all statutory requirements and shall be satisfactory to the County Attorney as to form, sufficiency, and manner of execution as set forth in this Code. The period within which required improvements must be completed shall be specified by the Board of County Commissioners as part of the approval action on the Final Subdivision Plat and shall be incorporated in the bond or irrevocable letter of credit and shall not in any event exceed two years from date of final County approval. The Board of County Commissioners may at any time during the period of such bond or irrevocable letter of credit accept a substitution of principal or sureties on the bond upon recommendation of the County Attorney.

Section 2.09.00 addresses the approval of model homes and temporary sales offices. Consistent with this Section, final Certificates of Occupancy for model homes shall not be issued until the Board of County Commissioners has accepted the Final Subdivision Plat and recorded with the Clerk of the Circuit Court for Hardee County.

The County shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion. If it is found that any of the required improvements have not been constructed in accordance with the approved plans and the County's construction standards and specifications, the subdivider shall be responsible for modifying and/or completing the improvements to comply with such standards and specifications. Wherever a performance bond covers the cost of improvements, the sub-divider and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

Three sets of County-approved engineering as-built drawings shall be submitted with the Final Subdivision Plat application. All as-built drawings shall contain a certification by a professional engineer or registered land surveyor of personal verification of the exact location and dimensions of all completed improvements, as well as certification that all utilities have been installed in accordance with specifications.

The applicant shall guarantee the materials and workmanship of pavement, curb and gutter, sidewalks, water system, wastewater/sewage system and the drainage system in the subdivision for a period of one year after final acceptance by Hardee County. A bond or irrevocable letter of credit in an amount equal to 125% of the value of improvements shall be required for the maintenance and repair requirements to cover faulty plans, materials, or workmanship. The value of the improvements shall be determined by the Consulting County Engineer. The bond or irrevocable letter of credit shall be effective for one year.

Upon the acceptance by the County of all subdivision improvements, the applicant may present a Final Subdivision Plat for approval. The intent of the Final Subdivision Plat is to establish a legal record of the subdivision. The Final Subdivision Plat may not be approved unless it is in strict conformance to details of the approved construction plans and any changes required by and approved by the County.

(A)

Submittal. An application for Final Subdivision Plat approval shall be submitted with an appropriate fee established by the Board of County Commissioners and with accompanying documents as specified herein to the planning and development division. The Planning and Development Director shall forward copies of the Final Subdivision Plat to the County Attorney, and other staff, as appropriate, for their review and comments, and shall place the application on the agenda of the Board of County Commissioners for final review and approval.

(B)

Required Information. Although it may constitute only that portion of the construction plan that the developer proposes to develop and record at the time, the Final Subdivision Plat for recording shall be prepared in conformance with the requirements specified herein. Eight copies of the Final Subdivision Plat (or as many as required by the Planning and Development Director) and a digital format acceptable to the County shall be submitted with the request for approval, and shall show, in addition to the data provided on the construction plan, the following:

(1)

The Final Subdivision Plat shall be drawn on a linen tracing cloth or stable base film at least three mils thick, 24 inches wide by 36 inches long. Preferred scale of the Final Subdivision Plat is 1" = 100'. If a different scale is used for the recorded plat, a facsimile scaled to 1" = 100' on stable base film shall be provided to the submitted.

(2)

Name of plat.

(3)

Each plat shall show a description of lands platted and the description shall be the same in the title certification. The description shall be so complete that from it, without reference to the plat, the starting point and boundary can be determined, and shall further include:

(a)

The section, township, and range, as applicable, or, if in a land grant, the plat will so state. If the subdivision is in an area where State Plane Coordinates or Geodetic Control Points have been established, the State Plan Coordinate values shall be annotated on the face of the plat for at least two Permanent Reference Monuments (PRMs) on every development of 40 acres or less and at least one additional PRM for every additional 40 acres. The coordinate datum shall be based on NGRS, current adjustment, and shall meet or exceed the accuracy standards for Second Order, Class I GPS surveys as specified by the FGCC.

(b)

A copy of the drawing file in DXF format is required, along with coordinate points in World File format.

(c)

Conservation and preservation areas. Exact locations of all conservation and preservation tracts or easements, including wetlands when density transfers are uplands, mitigated wetlands and upland preserves, shall be identified.

(d)

Two vertical control points (VCP) shall be required for every development of 40 acres or less. A VCP shall be a two-inch diameter or greater brass disk set into concrete where appropriate, or aluminum cap mounted on 5/8-inch rebar consisting of a minimum of 24 inches in length, and shall be located in a right-of-way, drainage control structure, end wall or other suitable concrete structure. The elevation of the VCP shall be referenced from Mean Sea Level (MSL) datum and shall be annotated on the face of the plat and stamped into the disk together with the license number of the Surveyor of the business entity.

(e)

Where the plat boundary falls within a water boundary, a meander line shall be established at or near the ordinary high water line and monumented in accordance with Chapter 61G17-6, F.A.C. This line shall not constitute a line of ownership.

(f)

There shall be no areas without designation on the plat. Areas shall be designated lots, tracts, and rights-of-way.

(4)

All required final permits and approvals issued by agencies and governing bodies having jurisdiction over properties being subdivided shall be furnished to the Consulting County Engineer. The Board of County Commissioners shall not approve the Final Subdivision Plat without proper submission of the final permits and approvals.

(5)

All easements or rights-of-way provided for public services or utilities, and limitations of such easements.

(6)

All lots shall be numbered either by progressive numbers or, if in a block, progressively numbered or lettered in each block. Lot lines shall be marked with accurate dimensions in feet and hundredths of feet, and bearings or angles to street lines.

(7)

A statement shall be included on the Final Subdivision Plat indicating the final length of roads, water and sewer lines installed.

(8)

A statement on the plat whether the streets/roadways within the plat are to be dedicated to and maintained by the public or whether the streets/roadways are to be private and maintained privately by a homeowners' association or other approved instrument.

(9)

The purpose of all areas dedicated must be clearly indicated or stated on the plat. Accurate descriptions of any such areas to be dedicated or reserved for public use shall state the purpose thereon.

(10)

In the event the plat includes open space, clubhouses, playgrounds, or other amenities to be owned and used in common by residents of the development, a plat note shall be added requiring the creation of a homeowners or property owners association that shall be responsible for such facilities.

(11)

All interior excepted parcels shall be clearly indicated and labeled "Not A Part of This Plat".

(12)

Any existing or proposed private restrictions and trusteeships and their periods of existence shall be filed as a separate instrument, and reference to such instrument shall be noted on the Final Subdivision Plat.

(13)

County signature spaces for the Board of County Commissioners' Chairman, Ex-Officio Clerk to the Board of County Commissioners, Planning and Development Director.

(14)

The Clerk of the Circuit Court of Hardee County certificate and the land surveyor's certificate and seal.

(C)

Plat Documentation Requirements. The following documentation shall accompany the Final Subdivision Plat.

(1)

The Final Subdivision Plat for recording shall conform with all requirements set forth in Chapter 177, F.S., including dedications and reservations executed by the developer and certification by a registered land surveyor;

(2)

A title opinion by an Attorney at Law, licensed in Florida, or a certification by an abstractor or title company stating that the court records identify that the title of the land as described and shown on the plat is in the name of the person or persons or corporation executing the dedication. In addition, a document entitled, "Consent to Platting of Lands" shall be filed together with the Final Subdivision Plat for each person or corporation holding a mortgage on all land included on the plat, where such person or corporation has not signed the Final Subdivision Plat;

(3)

Certification by a registered land surveyor that the plat represents a survey made by that individual and, further, that all necessary monuments, lot sizes and lot dimensions are correctly shown thereon. Impressed thereon, and affixed thereto, shall be the personal seal and signature of the registered land surveyor by whom, or under whose authority and direction, the plat was prepared; and,

(4)

Certification that all real estate taxes have been paid.

(D)

Procedure. The Board of County Commissioners shall take action on the Final Subdivision Plat. Approval of the Final Subdivision Plat and acceptance of public improvements and dedications shall be by resolution and shall authorize the Board of County Commissioners' Chairman and Ex-Officio Clerk to the Board of County Commissioners to sign the copy of the plat to be recorded.

(E)

Recording. Upon approval by the Board of County Commissioners, the Final Subdivision Plat shall be filed by the County Manager's office and recorded with the Clerk of the Circuit Court. The Final Subdivision Plat shall be recorded prior to the issuance of any building permits within the subdivision.

The vacating of a recorded plat is to cause that recorded document to cease having any rights or privileges platted property may enjoy. For purposes of this Section, vacating and/or replatting shall not include rearranging lots within a recorded subdivision by combining all or parts of platted lots to create new building parcels provided the following are met:

(A)

The total number of parcels created by combining/rearranging platted lots does not result in an increase in the number of lots previously platted and recorded.

(B)

Parcels created by combining/rearranging platted lots shall meet or exceed the minimum lot area and dimension as set forth in the zoning district where the plat exists.

(C)

Any such request shall remove any and all rights typically associated with lots of record, and no rights afforded lots of record shall pertain to combined/rearranged platted lots.

Requests to combine/rearrange platted lots to create new parcels shall be filed with the Planning and Development Division on an application form approved by the division, along with a surveyed drawing of the combined/rearranged lots to be considered. Upon review and approval by the DRC, said combined/rearranged lots shall be eligible for building permit review.

Before acting on a proposal for vacation and annulment of subdivided land the Board of County Commissioners shall hold a public hearing upon providing written notice to property owners within the vacated portions of the subdivision. Notwithstanding these provisions, the County may require conformity with existing standards for all or parts of subdivisions as outlined in this Section.

The owner of any land subdivided into lots may petition the County under the provisions of Chapter 177.101, F.S., to remove, vacate, and annul the existing subdivision plat, or portion thereof, from the official records of Hardee County. The applicant vacating a subdivision plat, or a part thereof, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution with the Planning and Development Division, and shall pay the appropriate filing fee as established by resolution of the Board of County Commissioners. Following review by the DRC and recommendation by the Planning and Zoning Board, the petition shall be acted on by the Board of County Commissioners. The Planning and Development Division shall be responsible for recording the petition and the proof of publication with the Clerk of the Circuit Court for Hardee County.

The Board of County Commissioners may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction. Such action may include the vacation of dedicated rights-of-way and easements, provided that:

(A)

The Subdivision Plat was lawfully recorded not less than five years before the date of such action by the Board of County Commissioners; and

(B)

No more than 10% of the total subdivision, or part thereof, has been sold as lots by the original subdivider or their successor in title. Such action shall be based on a finding by the Board of County Commissioners that the proposed vacation and annulment of the subdivision plat will result in greater conformity with the Comprehensive Plan of the County, and the public health, safety, and welfare will be promoted.

No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a subdivision plat, or a portion of a subdivision plat, of reasonable access to such parcel, nor of reasonable access therefrom to existing facilities to which such parcel presently has access; provided that such access remaining or provided after such vacation need not be the same as that previously existing.

Exceptions to the minimum lot size for a residential lot in an A-1 zoning district may be granted by the County to transfer to an immediate family member to serve as their primary residence. No subdivision of land approved by exception shall result in less than 2.5-acre parcels and shall require its own access with a minimum frontage on a county maintained or private road of 50 feet. Said frontage and access may be owned in fee-simple or by easement recorded in the public records of Hardee County. Where owned fee simple, the access may be included within the minimum acreage requirement. Additionally, nothing herein shall prohibit shared access of a single easement, provided that the easement is amended to include the party sharing the easement. Immediate family member is defined as persons related by blood, marriage or adoption and is limited to parents, spouses, siblings, children, grandparents, and grandchildren. Such an exception may not be granted more than one time for each family member. Exceptions shall be exercised within one year of approval or shall become null and void. Exercised, as used herein, shall mean the act of securing a building permit.

Where a proposed subdivision has no frontage on an exiting county road, the subdivider must provide and dedicate to the County a suitable facility meeting County standards to connect the proposed subdivision to an existing county road.

Unless the Board of County Commissioners shall otherwise provide in granting a Waiver pursuant to the Section 11.04.01 for the subdivision of land in a zoning district, which Waiver allows the substandard construction and private ownership and maintenance of roads, such Waiver shall be deemed to be conditioned upon compliance with the following minimum requirements:

(A)

A plat must be recorded which shows a statement prohibiting further re-subdividing of any platted tract.

(B)

Each tract shall not have less than 50 feet abutting the private road easement.

(C)

Recorded easements with minimum width of 60 feet (included in plat) granting easement over private road for ingress and egress and utilities to serve each lot which easement shall connect to a public road and reciting requirement of maintenance by owner.

(D)

Recorded plat of subdivision designating private nature of roads and drainage features and the County will not maintain same and reciting condition of subdivision regulations Variance including lot size limitation for building permits.

(E)

Deed restrictions must provide mechanism approved by Board for collection and performance of all maintenance and improvement functions.

(F)

Signs designating that roadways are private roads and showing street names at entrance.

(G)

Submit engineering plans for roadways and drainage including grades and typical section, along with a filing fee in such amount as the Board shall establish by Resolution. The engineering plans shall conform to the Typical sectioned details depicted in (A) above.

(H)

Buyer must sign that they have read Deed Restrictions and easement agreement and plat.

(I)

Show any areas in flood zone and also 100-year flood elevation.

(J)

Developer and engineer's certification of improvements required upon final plat approval.

The County shall accept for maintenance only those subdivision roads and drainage facilities which are constructed in accordance with this Code and which are dedicated to the public by recorded plat.

Prior to acceptance by the County, the subdivider's engineer should provide a certificate attesting to the fact that the improvements have been completed in accordance with the approved plans and specifications. If all work is found to be satisfactorily completed, the County Engineer will recommend to the Board such improvement for permanent maintenance by the County, with the express provision that the subdivider guarantees said work for a period of one year.

In the event of failures within the said period, the subdivider will be required to make necessary repairs.

The following procedure shall be required after development approval by the Board of County Commissioners, Planning and Zoning Board, or Planning and Development Director as appropriate to the specific case:

(A)

Any development that contains commonly owned areas, whether in the form of easements, drainage ways, open space, recreation space, buildings, or other structures, shall not be issued a building permit until all such common areas have been recorded in the office of the Hardee County Clerk.

(B)

Evidence in the form of certified copies of the Homeowner's Association shall be required for permit issue and shall be made a part of the permit file until completion thereof.

The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. Assurance to a developer that upon receipt of their Development Permit the developer may proceed in accordance with existing laws and policies, subject to the conditions of a Development Agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development.

It is the intent of this Section to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development, all in conformity with and to carry out the purposes of the Hardee County Comprehensive Plan and the Local Government Comprehensive Planning and Unified Land Development Regulation Act.

This intent is affected by exercising the authority granted the County to enter into Development Agreements with developers under F.S. § 163.3220 through 163.3243. This Section shall be regarded as supplemental and additional to the powers conferred upon the County by other laws and shall not be regarded as in derogation of any powers now existing.

9.20.03.01 Application for Development Agreement

The developer shall make application for a Development Agreement through the Planning and Development Division and pay an application fee set by resolution.

9.20.03.02 Public Hearing

Before entering into, amending, or revoking a Development Agreement, the County shall conduct at least two public hearings, one of which shall be held by the Planning and Zoning Board.

9.20.03.03 Notice of Hearing

Notice of intent to consider a Development Agreement shall be advertised a minimum of seven days before each public hearing in a newspaper of general circulation and readership in Hardee County. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. (Chapter 163.3225, F.S.)

9.20.03.04 Contents of Notice

The notice shall specify the location of the land subject to the Development Agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. (F.S. § 163.3225(b))

(A)

Contents. A Development Agreement shall include, in accordance with F.S. § 163.3227, the following:

(1)

A legal description of the land subject to the agreement and the names of its legal and equitable owners;

(2)

The duration of the agreement;

(3)

The development uses permitted on the land, including population densities, and building intensities and height;

(4)

A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development;

(5)

A description of any reservation or dedication of land for public purposes;

(6)

A description of all local Development Permits approved or needed to be approved for the development of the land;

(7)

A finding that the development permitted or proposed is consistent with the County's Comprehensive Plan and Unified Land Development Code;

(8)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the County for the public health, safety, or welfare of its citizens;

(9)

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction; and,

(10)

A Development Agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

(B)

Duration of Agreement. The duration of a Development Agreement shall not exceed five years unless otherwise specified in the Development Agreement. (F.S. § 163.3229) It may be extended by mutual consent of the County and the developer, subject to a public.

9.20.04.01 Applicability of Laws

(A)

Consistency with Plan and Regulations. A Development Agreement and authorized development shall be consistent with the County's Comprehensive Plan and this Code.

(B)

Development Governed by Laws in Effect at Execution. The County's laws and policies governing the development of land at the time of the execution of the Development Agreement shall govern the development of the land for the duration of the Development Agreement.

(C)

Applicability of Subsequent Laws. The County may apply subsequently adopted laws and policies to a development that is subject to a Development Agreement only if the County has held a public hearing and determined:

(1)

They are not in conflict with the laws and policies governing the Development Agreement and do not prevent development of the land uses, intensities, or densities in the Development Agreement;

(2)

They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a Development Agreement;

(3)

They are specifically anticipated and provided for in the Development Agreement;

(4)

The County demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the Development Agreement; or

(5)

The Development Agreement is based on substantially inaccurate information supplied by the developer.

(D)

Rights Vested Pursuant to Common Law. This Section does not abrogate any rights that may vest pursuant to common law.

(A)

Periodic Review of Agreements. The County shall inspect land subject to a Development Agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement (F.S. § 163.3235). If the County finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the County.

(B)

Amendment or Cancellation of Agreement. A Development Agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(C)

Modification or Revocation to Comply with Subsequent State and Federal Law. If State or Federal laws are enacted after the execution of a Development Agreement that are applicable to and preclude the parties' compliance with the terms of a Development Agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws. (F.S. § 163.3241)

(A)

Recording of Agreement. Within 14 days after the County enters into a Development Agreement, the County shall record the Agreement with the Clerk of the Circuit Court. A certified copy of the recorded Development Agreement shall be mailed to the Department of Commerce within 14 days after the Agreement is recorded. The burdens of the Development Agreement shall be binding upon, and the benefits of the Agreement shall inure to all successors in interest to the parties to the Agreement. (F.S. § 163.3239)

(B)

Enforcement of Agreement. Any party, any aggrieved or adversely affected person as defined in F.S. § 163.3215(2), may file an action for injunctive relief in Circuit Court to enforce the terms of a Development Agreement or to challenge the validity of the Agreement.