The land development regulation administrator shall administer and enforce these land development regulations directly or through aides and assistants. In the performance of his or her duties, the land development regulation administrator may request the assistance of any officer or agency of the city.

The land development regulation administrator shall investigate promptly complaints of violations and report findings and actions to complainants, and shall use best endeavors to prevent violations or to detect and secure the correction of violations. If the land development regulation administrator finds that a provision of these land development regulations is being violated, the land development regulation administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The land development regulation administrator shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by these land development regulations necessary to ensure compliance with or to prevent violations of these land development regulations.

It is the intent of these land development regulations that questions of interpretation and enforcement shall first be presented to the land development regulation administrator, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the land development regulation administrator.

The land development regulation administrator shall maintain written records of official actions regarding (1) land development regulation administration; (2) complaints and actions taken with regard to the land development regulations; and (3) violations discovered by whatever means, with remedial action taken and disposition of all cases; which shall be public record.

The land development regulation administrator shall determine whether applications for building permits required by the building code of the city are in accord with the requirements of these land development regulations, and no building permit shall be issued without written certification that plans submitted conform to applicable land development regulations. No building permit shall be issued by the land development regulation administrator except in conformity with the provisions of these land development regulations, unless the land development regulation administrator shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by these land development regulations, or unless he or she shall receive a written order from the governing body or a court of competent jurisdiction.

14.3.1.

Information necessary for application. Applications for building permits required by the building code of the city shall be accompanied by two copies of the plot and construction plans drawn to scale showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of existing structures, if any; the exact size and location on the lot of the buildings or structures to be erected or altered; the existing use of buildings or structures on the lot, if any; the intended use of each building or structure or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine and provide for the enforcement of these land development regulations. The application shall be accompanied by a survey of the lot, prepared by a land surveyor or engineer registered in Florida. All property stakes shall be in place at the time of application.

14.3.2.

Public record. One copy of the plot and construction plans shall be returned to the applicant by the land development regulation administrator, after marking such copy either as approved or disapproved, and attested by the land development regulation administrator's signature on the plans. The second copy of the plot and construction plans, similarly marked, shall be retained by the land development regulation administrator as part of the public record.

14.3.3.

Display of permit. Building permits shall be issued in duplicate and one copy shall be kept on the premises affected prominently displayed and protected from the weather when construction work is being performed thereon. No owner, contractor, workman or any other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by these land development regulations, nor shall they perform building operations of any kind after notification of the revocation of the building permit.

14.3.4.

Expiration of building permit. Every permit issued shall become invalid unless the work authorized by such permit is commenced in the form of actual construction within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced; provided, [however,] that one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be in writing by the land development regulation administrator.

14.3.5.

Construction and use to be as provided in applications; status of permit issued in error. Building permits issued on the basis of plans and specifications approved by the land development regulation administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these land development regulations and punishable as set out in these land development regulations in article 15. Statements made by the applicant on the building permit application shall be deemed official statements. Approval of application by the land development regulation administrator shall in no way exempt the applicant from strict observance of applicable provisions of these land development regulations and all other applicable regulations, ordinances, codes, and laws. A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, and the city commission shall have the power to revoke such permit if actual construction has not commenced.

14.4.1.

General. It shall be unlawful to use or occupy, or permit the use or occupancy, of any building or premises, or part of any building or premises created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of land development regulation compliance shall have been issued by the land development regulation administrator stating that the proposed use of the structure or land conforms to the requirements of these land development regulations. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of land development regulation compliance, and the certificate shall be issued in conformity with the provisions of these land development regulations upon completion of the work.

14.4.2.

Temporary certificate of land development regulation compliance. A temporary certificate of land development regulation compliance may be issued by the land development regulation administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as are necessary in the circumstances to protect the safety of occupants and the general public.

14.4.3.

Records; violations. The land development regulation administrator shall maintain a record of all certificates of land development regulation compliance, and a copy shall be furnished upon request to any person. Failure to obtain a certificate of land development regulation compliance as set out in these land development regulations shall be a violation of these land development regulations and punishable as provided by article 15 of these land development regulations. Certificates of land development regulation compliance issued on the basis of plans and specifications approved by the land development regulation administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these land development regulations and punishable as set out in article 15 of these land development regulations.

Where, by the terms of these land development regulations or other applicable regulations or ordinances of the city commission, provision is made for ensuring to the city commission that the public improvements required will be constructed as required, the following procedures and regulations shall govern. Before any building permit is issued in such situation, the city commission shall require the applicant to present satisfactory evidence that full provision has been made for public improvements, including, but not limited to, utility lines, sanitary sewers, storm sewers, construction or reconstruction of streets or alleys, streets signs, and traffic devices or signals. Where such public improvements are to be constructed by the applicant in accordance with the applicant's permit, the city commission shall require security satisfactory to the city commission in the form of (1) a deposit in cash or cashier's check, or (2) a performance and payment bond in the amount of 110 percent of the estimated cost of such improvements. The purpose of this requirement is to ensure to the city commission that the public improvements required will be properly and timely completed and paid for. The form of any such bond or sureties thereon shall be subject to the approval of the city attorney for the city commission as to form and correctness prior to the issuance of any building permit.

No bulkhead, dock, pier, wharf, or similar structure shall be erected or expanded without first obtaining a special permit from the city commission. Bulkheads, docks, piers, wharfs, or similar structures to be located on lakes and ponds shall be exempt for the requirements of this section. Proposals to erect or expand such structures shall be submitted in writing to the land development regulation administrator together with the payment of reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda; however, no public notice and hearing is required. The planning and zoning board shall submit its report and recommendations to the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the city commission shall take final action by either approving, approving with conditions, or denying the request. No public notice and hearing is required, but such matters shall be handled in a public session as part of a previously prepared agenda. Such matters shall be a public record, and approval, approval with conditions, or denial shall require formal action by the city commission. Appeals from decisions of the city commission shall be heard as set out in article 12 of these land development regulations.

If state or federal permission is required for the erection of any such bulkhead, dock, pier, wharf, or similar structure, such permission shall be presented in writing to the land development regulation administrator prior to the issuance of any building permit for the bulkhead, dock, pier, wharf, or similar structure.

No mining, borrow pit operations, activities which involve the dredging or filling of land or water areas of one-half acre in size or larger, or activities which involve excavation or removal of earth in area of one-half acre in size or larger shall be conducted without first obtaining a special permit for such activities from the city commission. Requests for such special permits shall be submitted in writing to the land development regulation administrator together with the payment of such reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review and shall erect a sign advertising the permit request on a prominent position on said land. The planning and zoning board shall hold a public hearing in accordance with article 13 of these land development regulations. The planning and zoning board report and recommendations shall be advisory only and not binding upon the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the city commission shall hold a public hearing in accordance with article 13 of these land development regulations. At the hearing, any person may appear in person or by agent. The city commission shall take final action on the permit request by either approving, approving with conditions, or denying the permit request. Appeals from decisions of the city commission shall be heard as set out in article 12 of these land development regulations. In addition to obtaining this permit, the applicant shall meet any additional requirements of the city, regional agencies, the State of Florida, and the United States of America.

It shall be deemed a violation of these land development regulations for any person, firm, corporation, or other entity to place or erect any mobile home on any lot or parcel of land within any area subject to these land development regulations for private use without first having secured a mobile home move-on permit from the land development regulation administrator. Such permit shall be deemed to authorize placement, erection, and use of the mobile home only at the location specified in the permit. The responsibility of securing a mobile home move-on permit shall be that of the person causing the mobile home to be moved. The move-on permit shall be posted prominently on the mobile home before such mobile home is moved onto the site.

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in these land development regulations, the following regulations shall govern temporary uses.

14.9.1.

Temporary use permits issued by the land development regulation administrator. The land development regulation administrator is authorized to issue temporary use permits for the following activities, upon satisfactory completion of the required information and documentation found herein. The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of these land development regulations and shall be punished as set out in article 15 of these land development regulations.

1.

In any zoning district: Special events, defined as activities or events not longer than seven days in duration, including but not limited to celebrations, outdoor concerts, parades, fairs, etc.

2.

In any zoning district: Christmas tree or other seasonal/holiday-related sales not longer than 30 days in duration,

3.

In agricultural, commercial, residential, and industrial districts: Temporary religious or revival activities in tents.

4.

In agricultural districts: In addition to the principal residential dwelling, one additional mobile home used as an accessory residence, provided that such mobile home is occupied by persons related by blood, adoption, or marriage to the family occupying the principal residential use. Such mobile home is exempt from lot area requirements, and shall not be located within required yard areas. Such mobile home shall not be located within 20 feet of any building. A temporary use permit for such mobile home may be granted for a time period up to five years. When the temporary use permit expires, the applicant may reapply for a new temporary use permit.

5.

In shopping centers within commercial zoning districts: Outdoor tent sales of autos, truck and recreation vehicles, provided that such activities do not exceed four days in duration and the business entity has been issued a valid and current occupational license.

6.

In agricultural and commercial zoning districts: Temporary sales of fruits, vegetables, arts and crafts in a farmers market venue. A permit for a farmers market will be good for one year and will cover all vendors of the market.

7.

In shopping centers within commercial districts only: Mobile recycling collection units. These units shall operate only between the hours of 7:30 a.m. and 8:30 p.m. and shall be subject to the review of the land development regulation administrator. Application for permits shall include written confirmation of the permission of the shopping center owner and a site plan which includes distances from buildings, roads, and property lines. No permit shall be valid for more than 30 days.

14.9.2.

A permit is not required for the following:

1.

Funeral processions.

2.

Lawful picketing. Lawful picketing shall be conducted off the street or roadway and not in a manner as to obstruct vehicular or pedestrian traffic. Any lawful picketing which crosses, traverses or is otherwise conducted in or upon any street or roadway shall not be exempted from the permit requirement.

3.

Activities of a governmental agency acting within the scope of its governmental authority, provided that such uses shall not be or include a residential use.

4.

Activity or events sponsored or co-sponsored by the city.

5.

Activity or events within city-owned and operated parks, including but not limited to private parties or banquets when public space has been rented by an individual or organization. Such events shall comply with the rules and regulations for such parks.

14.9.3.

Standards and conditions for issuance of permit.

1.

The city shall issue a permit as provided herein upon certification from the applicable city departments or personnel, as necessary, based upon the following standards and conditions:

a.

The conduct of the temporary use will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic in, or contiguous to the route or location of the temporary use.

(1)

For parades:

(a)

The maximum length of any parade route shall not exceed two miles exclusive of formation and disbanding areas.

(b)

The parade route must be in a location where traffic can be re-routed. The applicant must obtain all applicable county and state licenses and permits and arrange for the necessary law enforcement personnel to route traffic. Such documentation must be shared with the city.

(c)

The parade sponsor shall be responsible for the clean-up of any litter after the event. Failure to clean the parade route may result in a denial of a parade permit in the future.

b.

The conduct of the temporary use is not reasonably likely to cause injury or intended to cause injury to persons or property, create an environment not compatible with a residential neighborhood if within or abutting a residential neighborhood, or to result in disorderly conduct as defined by city ordinance or state statutes, provided that the city may not deny a permit solely on the basis of the proposed content of speech or ideas of the group involved.

c.

Any nuisance or hazardous feature involved is suitably separated from adjacent uses.

d.

Adequate sanitation and other required health facilities are, or will be, made available in or adjacent to the temporary use.

e.

There are sufficient parking places on site and/or written approvals from off-site property owners where off-site parking is to occur, to accommodate the approximate number of automobiles expected to be driven to the special use.

f.

The applicant has secured security personnel or police, fire and emergency medical services protection, as necessary for the type of temporary use to be conducted.

g.

General liability insurance, including property damage insurance, shall be obtained by the applicant for any temporary use that is held on city property or that utilizes city facilities, in an amount approved by the city. The applicant shall place on file with the city a certified insurance policy issued by a company authorized to do business in the state.

h.

The organization on whose behalf an application is made for a temporary use permit shall agree to indemnify, defend and hold the city harmless from and against any and all liability, loss, claim, suit, damage or expense, including attorney fees which the city may suffer, sustain or incur, on account of the death of or injury to any person or loss of or destruction of any property, arising from or in any way connected with issuance of a permit or conduct of the activity or any of its participants. The organization will not be required to indemnify the city for the negligent acts of the city's employees or agents.

i.

Application for a temporary use permit shall constitute an agreement by the applicant to pay for city personnel expenses and extraordinary services provided by the city, including any repairs, renovations and/or landscaping and turf restorations or replacement of city property which is necessitated by virtue of the temporary use.

j.

Any temporary lighting will not adversely affect adjacent properties.

k.

No applicant shall be granted more than twelve temporary use permits in a single calendar year.

l.

Applicant has written permission from the property owner to conduct said use.

m.

For a special event with multiple vendors or participants, one permit will be issued to the event sponsor and will cover all vendors for the event.

2.

Permits will be denied for failure of the applicant to satisfy the requirements above or if:

a.

The application, including any required attachments and submissions, is not fully completed and executed;

b.

The applicant has not tendered the required application fees or projected costs, indemnification agreement, or insurance certificate;

c.

The application contains a material falsehood or misrepresentation;

d.

The applicant is legally incompetent to contract or to sue or be sued;

e.

The applicant or the person on whose behalf the application was made has on prior occasions damaged city property and has not paid in full for such damage, or has other outstanding and unpaid debts to the city;

f.

A fully executed application for a temporary use permit for the same time and place has previously been submitted, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular property;

g.

The proposed use is prohibited or inconsistent with the city's comprehensive plan or land use and development code;

h.

The use or activity intended would present an unreasonable danger to the health or safety of the applicant or others;

i.

The applicant has not complied or cannot comply with other ordinances of the city concerning the sale or offering for sale of any goods or services; or

j.

The use or activity intended is prohibited by law.

3.

Should the application be denied, the city shall notify the applicant and the notification shall include the reasons for the denial of the permit, and shall advise of the appeal procedure set forth at subsection 12.1.6.

14.9.4.

Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions, and with all applicable laws and ordinances. The permit shall be maintained on the site of the temporary use, or, if the temporary use is not tied to a particular site, the permit shall be maintained in the custody of the applicant, to be inspected upon demand by city authorities. Under no circumstances may a permit be transferred or assigned from the applicant to any other person or organization.

14.9.5.

Revocation of permit. The land development regulation administrator shall have the authority to revoke a permit issued hereunder instantly upon violation of any one or more of the conditions or standards for issuance as herein set forth and all activities shall immediately cease. The permittee may appeal the revocation as set forth at section 12.1.6.

14.9.6.

Federal, state, county and local law requirements. Nothing in this chapter shall be construed so as to exempt the applicant or any other person from the requirements of F.S. ch. 791, relating to the sale of fireworks, or any other applicable federal, state, county or local law or ordinance.

14.9.7.

Signs. Banners, pennants, temporary signs, or signs of any other nature shall be permitted only in accordance with the city's sign ordinances.

14.9.8.

Parking. The receipt of a temporary use permit pursuant to this section shall not exempt an applicant from any requirement of the city's zoning regulations or codes regarding parking unless included in the application for the temporary use.

14.9.9.

Appeals. An appeal may be taken as set forth at subsection 12.1.6.

14.9.10.

Enforcement. The city may immediately cause any temporary use conducted without a valid permit issued pursuant to this chapter to cease and be disbanded. Violations of section 14.9 shall be punished as set out in article 15 of these land development regulations. However, nothing in this section shall be construed to prevent the city from seeking to enjoin violations of this article, or seeking damages caused by violations of this article, in a court of competent jurisdiction.

(Ord. No. 2009-23, § 1, 1-5-2010)

Certain uses are essential to providing service to a community and therefore require special permitting.

Essential services are permissible by special permit in any zoning district. Essential services are hereby defined to include, and be limited to, water, sewer, gas, solid waste disposal, telephone, television, radio, and electrical systems, including substations, lift stations, towers and antennae and pumping, aeration, or treatment facilities necessary for the performance of these services; provided, however, that:

1.

Poles, wires, mains, hydrants, drains, pipes, conduits, telephone booths, school bus shelters, bicycle racks, bus stop benches, newspaper delivery boxes, mail boxes, police or fire call boxes, traffic signals and other similar structures, but not including buildings, are exempted from the definition of essential services. Such structures are permitted by right in any zoning district and are exempt from district setbacks.

2.

For the purposes of these land development regulations, gas and electrical generating plants shall not be considered to be essential services. These uses are prohibited from all zoning districts except where they are specifically permitted or permissible.

3.

This section shall not be deemed to permit the erection of structures for (a) commercial activities such as sales or the collection of bills or (b) service establishment such as radio or television stations or studios in districts from which such activities would be otherwise prohibited.

4.

The requirements of this section shall not apply to communication towers which are: (a) used for governmental purposes and location on property, rights-of-way, or easements owned by any governmental entity; (b) all communication towers existing on the effective date of these regulations shall be allowed to continue to be used as they presently exist, except with respect to lighting as provided within paragraph (2)(e) herein.

Routine maintenance, including replacement of lights and modifications to accommodate the collocation of an additional user (or users) shall be permitted on such existing towers. New construction, other than routine maintenance and modifications to accommodate collocation on an existing communication tower, shall comply with the requirements of this section.

For purposes of this section, a communication tower that has received final approval, but has not yet been constructed shall be considered an existing tower so long as such approval is otherwise valid and unexpired.

No approval shall be required to locate a communication antenna on an existing structure; provided, however, that the communication antenna does not extend more than ten feet above the existing structure. Such structures may include, but are not limited to, buildings, water towers, existing communication towers, recreational light fixtures and other essential public utility structures.

In addition, no approval shall be required to locate communication antenna used by amateur radio operators, including citizens band, very high frequency and ultra high frequency aircraft/marine, or similar radio operators.

Notwithstanding anything herein to the contrary, this section shall not be construed to exempt communication towers or antenna for compliance with other city ordinances and regulations such as building permit requirements.

Where permanent structures are involved in providing essential services, such structures shall conform insofar as possible to the character of the district in which the property is located, as to architecture and landscaping characteristics of adjoining properties.

The following standards shall apply to all new or expanded communication towers, except as exempted in subsection 4 above:

(1)

Location. Communication towers are allowed in all zoning districts, including residential districts, when the following requirements are met:

(a)

Every reasonable effort shall be made to locate the communication tower in a nonresidential zoning district, where feasible, based on engineering and economic considerations.

(b)

Where the applicant seeks to locate a communication tower in a residential district, the applicant shall demonstrate that no other industrial, commercial or agricultural zoned property is available to the applicant for this intended use.

(c)

If the proposed location is within a residential district, the proposed location will reasonably minimize the impact of the communication tower due to the height, use or appearance of the adjacent structures or surrounding area.

(d)

There are no existing building structures located within the area that are reasonably available to the applicant for this intended purpose and serve the propagation needs of the applicant. Where existing building structures are located within the area, communication antennae may be attached thereto subject to the following:

1.

Communication antennas may be located on existing structures with a height of 20 feet or greater, so long as the antennae do not extend more than ten feet above the highest point of the existing structure, and as limited by subsection 3, below.

2.

Communication antennas may be located on existing structures with a height of less than 20 feet, so long as the antennas do not extend more than five feet above the highest point of the existing structure, and as limited by subsection 3, below.

3.

Notwithstanding subsections 1 and 2 above, communication antennae, as defined in section 2.1, shall not be located on single-family structures.

4.

Communication antennae to be located on existing structures in public road rights-of-way may only be located in collector, arterial or limited access road rights-of-way.

5.

No advertising shall be allowed on a communication tower or antenna.

6.

No signals, lights or illumination shall be permitted on an antenna, unless required by any applicable federal, state or local rule, regulation or law.

7.

Antennas shall comply with all applicable Federal Communications Commission emission standards.

8.

Design, construction and installation of antennas shall comply with all applicable local building codes; and

9.

Accessory equipment buildings used in conjunction with antennas, if located on the ground, shall comply with the minimum accessory building setback requirements.

(e)

No other existing communication tower meeting the needs of the applicant is located within the area is reasonably available to the applicant for purposes of collocation. Further, owners of communication towers must provide access and space for government-owned antennae where possible on a basis not less favorable than is required for private collocation; and

(f)

The proposed height of the communication tower is the minimum necessary to satisfy the communications system needs of the applicant at the location.

(2)

Design and construction. The following criteria shall apply to the design and construction of communication towers:

(a)

All other applicable permits must be obtained, including Federal Communications Commission and city building permit approvals before construction. All tower facilities shall comply or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the federal or state government with the authority to regulate towers and antennae. If such standards and regulations are changed, then the owner(s) shall bring such tower or antennae into compliance with such revised standards and regulations to the extent required by such governmental agency;

(b)

All communication towers shall be designed and constructed to Electronic Industries Association/Telecommunications Industries Association 222-E Standards or greater (at the option of the applicant) as published by the Electronic Industries Association, as may be amended from time to time. Communication tower owners shall be responsible for periodic inspections of such towers at least every two years to ensure structural integrity. Such inspections shall be conducted by a structural engineer with a current license issued by the State of Florida. The results of the inspection shall be provided in writing to the land development regulations administrator upon request;

(c)

All towers shall be designed and constructed so that in the event of collapse or failure the tower structure will fall completely within the parcel or property where the tower is located;

(d)

All communication tower supports and peripheral anchors shall be located within the parcel or property where the tower is located;

(e)

Communication towers shall be marked and lighted as required by Federal Aviation Administration, or other state or federal agency of competent jurisdiction; provided, however, that strobe lighting or the white lights shall not be used between dusk and dawn. All lawfully existing communication towers at the effective date of adoption of this section shall not be lighted by strobe lighting or other white lights between dusk and dawn within 12 months of the effective date of this section;

(f)

All accessory buildings or structures shall comply with other applicable provisions of the land development regulations;

(g)

Setbacks for communication tower accessory buildings and structures shall comply with those required for the zoning district in which the tower is located. However, a setback may be reduced up to 50 percent to allow placement of an additional equipment building or permitted accessory structure to encourage collocation/shared use of tower structures. Setbacks will be measured as provided within these land development regulations;

(h)

Communication towers and antennae shall be lighted with dual red and white lighting. No white lighting or strobe lighting shall be permitted after sunset or before sunrise;

(i)

The perimeter base of all communication towers must be enclosed within a security fence no less than eight feet in height with access secured by a locked gate; and

(j)

All communication tower facilities shall be identified by use of a metal plate or other conspicuous marking giving the name, address and telephone number of the communication tower owner and lessee if different from the owner and operator. Such identification shall also include the telephone number of a contact person.

Communication towers or antennae existing on the effective date of these regulations that are damaged or destroyed may be rebuilt and all such towers or antennae may be modified or replaced, provided [that] the type, height and location of the tower on-site shall be of the same type and intensity (or lesser height or intensity (e.g., a monopole in substitution for a lattice tower) as the original facility approved. Building permits to rebuild any such tower shall otherwise comply with the applicable city building code requirements together with the design and construction criteria required herein, and shall be obtained within one year from the date the tower is damaged or destroyed. If no permit is obtained or said permit expires, the communication tower shall be deemed abandoned as specified in this section.

Any communication tower or antenna found not to be in compliance with code standards, or found to constitute a danger to persons or property, upon notice to the owner of the communications facility, such tower or antenna shall be brought into compliance or removed within 90 days of such notice. In the event the use of any communication tower has been discontinued for a period of one year, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the land development regulation administrator who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 90 days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

At the earlier of one year from the date of abandonment without reactivation or upon completion of dismantling and removal, any approval for the tower shall automatically expire. The procedure in connection with the application and granting of approval for essential services shall generally conform to that outlined herein; provided, however, that the criteria for approval of an essential service shall be limited to a showing of the need for such service in the requested location, that it is in the public interest that such approval be granted, and in compliance with the other provisions heretofore set out in this section.

Meeting the requirement of this section shall not excuse the applicant from otherwise complying with the comprehensive plan and other provisions of these land development regulations. The city commission shall have the right and authority to waive certain requirements of this section where it is found that a literal application or enforcement of this section would result in practicable difficulty or unnecessary hardship and relief granted would not be contrary to the public interest or intent of this section, but will do substantial justice and remain in accordance with the spirit of this section. As a minimum, any request for such waiver shall meet the criteria for a variance as specified herein.

In addition, an application for an approval for any communication tower or use of an alternative tower structure shall be made to the land development regulation administrator. Incomplete applications shall not be considered. A complete application shall contain the following items:

(1)

Inventory of existing communication towers owned/operated by applicant in the city. Each applicant for a tower site shall provide the city with an inventory of its existing communication towers that are either within the jurisdiction of city or within one-half mile of the border thereof, including specific location, height and design of each tower. The city staff may share such information with applicants seeking to locate communication towers within [the] city.

(2)

Description of area of service for the communication tower identifying the use of the tower or antenna for coverage or capacity.

(3)

If required, photographic simulations of the proposed telecommunications facilities illustrating the potential visual impact.

(4)

Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), accessory buildings or uses, access, parking, fences, landscaped areas and adjacent land uses.

(5)

Show legal description of the parent tract and leased parcel (if applicable). The location of the proposed communication tower in digital format compatible with the geographic information system of the city, if the city has such system or similar system in place at the time of application. Certification by a Florida licensed land surveyor of the mean sea level elevation and topography.

(6)

Utilities inventory indicating the locations of all water, sewer, drainage and power lines impacting the proposed tower site.

(7)

Report from a professional structural engineer, licensed in the State of Florida documenting the following:

(a)

Towner height and design, including technical engineering, and other pertinent factors governing the proposed tower design. A cross section of the tower structure shall be included;

(b)

Total anticipated capacity of the structure, including number and types of antennae which can be accommodated; and

(c)

Failure characteristics of the tower and demonstration that the site and setbacks are of adequate size to contain possible debris.

(8)

Written statement from the Federal Aviation Administration, the Federal Communications Commission and any appropriate state review authority stating that the proposed tower site complies with regulations administered by that agency or that the tower is exempt from such regulations.

(9)

Letter of intent to lease excess space on the tower structure and to lease additional excess land on the tower site until the shared use potential of the tower is absorbed, where feasible, and subject to reasonable terms. The term "where feasible," as it applies to collocation, means the utilization of tower by another party which would, at the time of such utilization, comply with sound engineering principles, would not materially degrade or impair utilization of the communication tower by existing users, would not unduly burden the tower structurally, and would not otherwise materially and adversely impact existing users. Reasonable terms for use of a communication tower and tower site that may be imposed by the owner include requirement for a reasonable rent or fees, taking into consideration the capitalized cost of the communication tower and land, rental and other charges payable by the tower owner, the incremental cost of designing and constructing the tower so as to accommodate additional users, increases in maintenance expenses relating to the tower and a fair return on investment, provided such amount is also consistent with rates paid by other collocators at comparable tower sites.

(10)

Evidence of applicant inability to collocate on a reasonable basis on an otherwise suitable existing communication tower for the location of proposed antenna.

(11)

Evidence that the communication tower is needed to meet the propagation requirements of the applicant; and

(12)

The applicant shall provide any additional information which may be reasonable as requested by the city within 30 days from application in order to fully evaluate and review the proposed communication tower site and the potential impact of a proposed communication tower and/or antenna.

(Ord. No. 2002-06, § 2, 2-4-2002)

There are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area, to ensure the integrity of residential neighborhoods and to protect the integrity of churches, schools, parks and playgrounds, areas where juveniles often congregate.

14.11.1.

An adult bookstore or film store; adult cabaret; adult photographic or art studio; adult minimotion picture theater or drive-in; and adult motion picture theater or drive-in uses shall require a special permit for an adult and sexually oriented establishment to be issued by the city commission.

14.11.2.

Minimum spacing requirements to be applied where special permits for adult and sexually oriented establishments are issued by the city commission. An adult sexually oriented establishment may not be established or continued in any permitted district unless all other requirements of the land development regulations pertaining to such districts and to buildings generally are met and unless the adult and sexually oriented establishment located at least, as follows:

(a)

One mile from any other adult and sexually oriented establishment;

(b)

One thousand feet from any established place of religious assembly;

(c)

Two thousand five hundred feet from any public or private school, public playground or public park; and

(d)

Five hundred feet from any area zoned residential.

For purposes of the distance limitations, the measurement shall be made by extending a straight line from the main entrance of the building of the adult and sexually oriented establishment to the front door of the main building occupied by any other adult and sexually oriented establishment or any established place of religious assembly or to the nearest property line of any residential zoning district, public playground, public or private school or public park.

14.11.3.

Obscenity not permitted. Nothing in this section shall be construed as permitted or allowing a violation of any state or federal law, including F.S. ch. 847 (2000), relating to obscenity.

14.11.4.

Existing establishments. Any use herein defined as an adult and sexually oriented establishment in existence, in actual operation and open to the public, on the effective date of this section, and in all other respects is in full compliance with applicable laws and ordinances of the city, but would not otherwise be permitted under the terms of this section, shall then become a nonconforming use. Such use may continue as a nonconforming use, except that any change of tenant or ownership of such nonconforming use shall terminate that nonconforming status of the use and any further operation of the use must be in full conformity with this section.

14.11.5.

Other uses moving to adult and sexually oriented establishment. Any use herein defined as use or an adult and sexually oriented establishment which is established in conformity with this section and other applicable laws and ordinances shall not be made unlawful if, subsequent to the establishment and operation of such adult and sexually oriented establishment, a place or religious assembly, public or private school, public playground, public park, or residential zoning district is created or established within the distance limitations for the adult and sexually oriented establishment specified in this section.

14.11.6.

Special permits for adult and sexually oriented establishments may only be granted for locations within commercial intensive and warehousing (CIW); industrial, light (IL) and industrial (I) zoning districts and which meet all locational criteria specified by this section.

14.11.7.

Requests for special permits for adult and sexually oriented establishments shall be submitted in writing to the land development regulation administrator together with the payment of such reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review and shall erect a sign advertising the permit request on a prominent position on said land. The planning and zoning board shall hold a public hearing in accordance with article 13 of these land development regulations. The planning and zoning board report and recommendations shall be advisory only and not binding upon the city commission.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the city commission shall hold a public hearing in accordance with article 13 of these land development regulations. At the hearing, any person may appear in person or by agent. The city commission shall take action on the special permit request by either approving, approving with conditions, or denying the special permit request. Appeals from decisions of the city commission shall be heard as set out in article 12 of these land development regulations.

(Ord. No. 2002-05, § 4, 2-4-2002)

Where these land development regulations require site and development plan approval, the planning and zoning board shall approve all site and development plans as a condition precedent to the issuance of building permits by the land development regulation administrator.

14.12.1.

Contents. The site and development plan required to be submitted by the requirements of these land development regulations shall include the following elements, where applicable:

1.

Vicinity map - indicating general location of the site, abutting streets, existing utilities, complete legal description of property in question, and adjacent land use.

2.

Site plan - including, but not limited to, the following:

a.

Name, location, owner, and designer of the proposed development.

b.

Present zoning for subject site.

c.

Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.

d.

Date, north arrow, and graphic scale not less than one inch equal to 50 feet.

e.

Area and dimensions of site.

f.

Location of all property lines, existing right-of-way approaches, sidewalks, curbs, and gutters.

g.

Access to utilities and points of utility hookup.

h.

Location and dimensions of all existing and proposed parking areas and loading areas.

i.

Location, size, and design of proposed landscaped areas (including existing trees and required landscaped buffer areas).

j.

Location and size of any lakes, ponds, canals, or other waters and waterways.

k.

Structures and major features fully dimensioned including setbacks, distances between structures, floor area, width of driveways, parking spaces, property or lot lines, and percent of property covered by structures.

l.

Location of trash receptacles.

m.

For multiple-family, hotel, motel, and mobile home park site plans:

(1)

Tabulation of gross acreage.

(2)

Tabulation of density.

(3)

Number of dwelling units proposed.

(4)

Location and percent of total open space and recreation areas.

(5)

Percent of lot covered by buildings.

(6)

Floor area of dwelling units.

(7)

Number of proposed parking spaces.

(8)

Street layout.

(9)

Layout of mobile home stands (for mobile home parks only).

3.

Stormwater management plan - including the following:

a.

Existing contours at one foot intervals based on U.S. Coast and Geodetic Datum.

b.

Proposed finished elevation of each building site and first floor level.

c.

Existing and proposed stormwater management facilities with size and grades.

d.

Proposed orderly disposal of surface water runoff.

e.

Centerline elevations along adjacent streets.

f.

Water management district surface water management permit.

14.12.2.

Procedure. Where, by the terms of these land development regulations, approval by the planning and zoning board of a site and development plan is required prior to the issuance of a building permit, 12 sets of such site and development plans shall be submitted to the land development regulation administrator to be circulated for comment to any other official or department of the city which may have responsibility for some aspect of the site and development plan. Twelve sets of data required for site and development plan approval shall be submitted to the land development regulation administrator not less than 15 days prior to the public meeting of the planning and zoning board at which the application for site and development plan approval is to be considered together with the payment of such reasonable fees as the city commission may determine through action in setting fees as set out in article 1 of these land development regulations.

14.12.3.

Action on site and development plan. The land development regulation administrator shall forward the application for site and development plan approval along with any comments or criticisms to the planning and zoning board for approval. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to planning and zoning board consideration of site and development plans shall be a public record and approval, approval with conditions, or denial shall require formal action of the planning and zoning board. A petition for a zoning amendment and an application for site and development plan approval shall not be handled concurrently. Rather, an application for site and development plan approval shall be heard only after the applicant has secured the appropriate zoning on the subject parcel. Appeals from decisions of the planning and zoning board shall be heard as set out in article 12 of these land development regulations. In reaching a decision as to whether or not the site and development plan as submitted should be approved with a directive to the land development regulation administrator to issue building permits, the planning and zoning board shall be guided in its decision and the exercise of its discretion to approve, approve with conditions, or to deny by the following standards; the planning and zoning board shall show in its record that each was considered where applicable and it shall make findings in regard to those of the following standards which it finds to be applicable:

1.

Sufficiency of statements on ownership and control of the development and sufficiency of conditions of ownership or control, use, and permanent maintenance of common open space, common facilities, or common lands to ensure preservation of such lands and facilities for their intended purpose and to ensure that such common facilities will not become a future liability for the city commission.

2.

Density and/or the intended use of the proposed development with particular attention to its relationship to adjacent and nearby properties and effect on those properties and relationship to the city comprehensive plan.

3.

Ingress and egress to the development and proposed structures on the development, with particular reference to automobile and pedestrian safety, minimization of marginal friction with free movement of traffic on adjacent streets, separation of automotive traffic and pedestrian and other traffic, traffic flow and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe, or emergency.

4.

Location and relationship of off-street parking and off-street loading facilities to thoroughfares and internal traffic patterns within the proposed development, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscape.

5.

Sufficiency of proposed screens and buffers to preserve internal and external harmony and compatibility with uses inside and outside the proposed development.

6.

Manner of stormwater management on the property, with particular reference to the effect of provisions for stormwater management on adjacent and nearby properties and the consequences of such stormwater management on overall public stormwater management capacities.

7.

Adequacy of provision for sanitary sewers, with particular relationship to overall sanitary sewer availability and capacities.

8.

Utilities, with reference to hook-in locations and availability and capacity for the uses projected.

9.

Recreation facilities and open spaces, with attention to the size, location, and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties and uses within the proposed development, and relationship to community open spaces and recreational facilities.

10.

General amenities and convenience, with particular reference to ensuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be in conflict with other development in the area as to cause substantial depreciation of property values.

11.

Such other standards as may be imposed by these land development regulations on the particular use or activity involved.

14.12.4.

Issuance of building permits. Upon the approval of the site and development plan application by the planning and zoning board or its approval with conditions, building permits for the proposed development shall be issued by the land development regulation administrator. The development shall be built substantially in accordance with the approved site and development plan. If after such approval, should the owner/applicant or his or her successors desire to make any changes in the site and development plan, such changes shall be submitted to the land development regulation administrator. If the land development regulation administrator deems there to be a substantial change or deviation from that which is shown on the approved site and development plan, the owner/applicant or his or her successors shall be required to submit the amended site and development plan for approval as set forth in section 14.11 of these land development regulations. Failure to submit such amended site and development plan for determination by the land development regulation administrator that a substantial change or deviation is occurring or has occurred, prior to such changes, shall constitute a violation of these land development regulations and shall be punishable as provided in article 15 of these land development regulations.

(Ord. No. 2002-05, § 5, 2-4-2002)

This land development regulation is required by law to be in conformance with the city comprehensive plan. All development, required by law to be in conformance with this land development regulation, shall therefore be in conformance with the city comprehensive plan.

14.13.1.

Generally. No development may be approved unless the development is found to be in conformance with the city comprehensive plan and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impacts of the development on those facilities.

14.13.2.

Determining conformance with the city comprehensive plan. If a development proposal is found to meet all the requirements of these land development regulations, it shall be presumed to be in conformance with the city's comprehensive plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected party may, however, question the consistency of a development proposal with the city comprehensive plan. If a question of consistency is raised, the land development regulation administrator or any of the appointed boards, or the city commission depending on which is responsible for approving the development, shall make a determination of consistency or inconsistency and support that determination with written findings.

14.13.3.

Maintaining level of service standards. The city shall require a concurrency review to be made with applications for development approvals and a certificate of concurrency issued prior to development. The review will analyze the development's impact on traffic circulation, sanitary sewer, solid waste, drainage, potable water, recreation and open space, and public school facilities for available service in order for the development to be concurrent. If the application is deemed concurrent, a certificate of concurrency will be issued by the land development regulation administrator. If the development requires any other development permit, a copy of the certificate of concurrency shall be included with any future application for a development permit. A separate concurrency review shall not be required for each development permit for the same project. Concurrency review addresses only the availability of public facilities and capacity of services, and a certificate of concurrency does not represent overall development approvals. If the application for development is not concurrent, the applicant shall be notified that a certificate cannot be issued for the development. The burden of showing compliance with the adopted levels of service and meeting the concurrency test shall be upon the applicant. The city commission shall review applications for development and a development approval shall be issued only if the proposed development does not lower the existing levels of service of public facilities and services below the adopted level of service in the comprehensive plan.

14.13.3.1.

Generally.

1.

The adopted level of service must be maintained.

a.

No development activity may be approved unless it meets the following requirements designed to ensure that certain public services are available at prescribed levels of service concurrent with the impacts of development.

b.

However, the prescribed levels of service may be degraded during construction of new facilities if upon completion of the new facilities the prescribed levels of service will be met.

2.

Determination of available capacity. For purposes of these land development regulations, the available capacity of a facility shall be determined by adding together:

a.

The total excess capacity of the existing facilities with the total capacity of new facilities. The capacity of new facilities may be counted only if one or more of the following is shown:

(1)

Construction of the new facilities are underway at the time of application.

(2)

The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the development permit is issued.

(3)

The new facilities have been included in the city annual capital budget.

(4)

The new facilities are guaranteed in an enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. §§ 163.3220—163.3243, as amended, or an agreement or development order pursuant to F.S. ch. 380, as amended. Such facilities must be consistent with the capital improvements element of the city comprehensive plan and approved by the city commission.

(5)

The developer has contributed funds to the city necessary to provide new facilities consistent with the capital improvements element of the city comprehensive plan. Commitment that the facilities will be built must be evidenced by and appropriate budget amendment and appropriation by the city or other governmental entity.

b.

Subtracting from that number the sum of:

(1)

The demand for the service created by existing development or previously approved development orders; and

(2)

The new demand for the service that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

3.

Burden of showing compliance on developer. The burden of showing compliance with these level of service requirements shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient information showing compliance with these standards.

14.13.4.

Procedures for concurrency determination. A concurrency test shall be made of the following public facilities and services for which level of service standards have been established in this comprehensive plan, which are (1) traffic circulation, (2) sanitary sewer, (3) solid waste, (4) drainage, (5) potable water, (6) recreation and open space, and (7) public school facilities.

1.

For traffic circulation the following determination procedures shall apply:

a.

The city shall provide level of service information as set forth in the most recent data and analysis report in support of the city comprehensive plan. If this level of service information indicates a level of service failure, the applicant may either (1) accept the level of service information as set forth in the most recent data and analysis report supporting the city comprehensive plan, or (2) prepare a more detailed highway capacity analysis as outlined in the Highway Capacity Manual, Special Report 209 (1985) or a speed and delay study following the procedure outlined by the Florida Department of Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies.

b.

If the applicant chooses to do a more detailed analysis the applicant shall (1) submit the completed alternative analysis to the land development regulation administrator for review, and (2) [the] land development regulation administrator shall review the alternative analysis for accuracy and appropriate application of the methodology.

c.

If the alternative methodology, after review and acceptance by the land development regulation administrator, indicates an acceptable level of service, the alternative methodology shall be used in place of the most recent data and analysis to support the city comprehensive plan.

d.

Any proposed development generating more than 750 trips a day shall be required to provide a trip distribution model, in addition to the requirements outlined above.

2.

For sanitary sewer, solid waste, drainage, potable water, and recreation and open space the following determination procedures shall apply:

a.

The city shall provide level of service information as set forth in the most recent data and analysis report in support of the city comprehensive plan.

b.

If such level of service information indicates that the proposed project would not result in a level of service failure, the concurrency determination would indicate that adequate facility capacity at acceptable levels of service was available.

c.

If such level of service information indicates that the proposed project would result in a level of service failure, the concurrency determination would be that adequate facility capacity at acceptable levels of service was not available at the date of application or inquiry.

3.

For public school facilities, the following determination procedures shall apply: The School Board of Alachua County staff shall conduct a concurrency review for all development plan applications subject to school concurrency. This review shall include findings and recommendations to the city on whether there is adequate school capacity to accommodate the proposed development. The city will issue a concurrency determination based on the School Board of Alachua County staff's written findings and recommendations. The concurrency review and determination shall be in accordance with the provisions of the Interlocal Agreement for Public School Facility Planning (llA) including the maps of the School Concurrency Service Areas (SCSAs).

14.13.5.

Determination of project impact. The impact of proposed development activity on available capacity shall be determined as follows:

14.13.5.1.

Building permits. The issuance of a building permit has more of an immediate impact on the level of service for public facilities than may be the case with the issuance of other types of development orders. Therefore, building permits shall be issued only when the necessary facilities and services are in place. The determination of the existence of the necessary facilities and services being in place shall be made by the land development regulation administrator as part of the certificate of concurrency compliance procedure. For traffic circulation, this determination shall apply to the adopted level of service standards for roads within the city jurisdiction. All public facility impacts shall be determined based on the level of service of the facility throughout the facility geographic service area.

14.13.5.2.

Other types of development orders. Other types of development orders include, but are not limited to, approval of subdivisions, rezoning, special permits and site and development plan approval. These other types of development orders have less immediate impacts on public facilities and services than the issuance of a building permit. However, public facilities and services must be available concurrent with the impacts of development permitted by these other types of development orders. Therefore, subject to the land development regulation administrator determining that the necessary facilities or services are in place and are maintaining the adopted level of service, the following concurrency management requirements shall apply for the issuance of such development orders:

1.

Provisions shall be included within the development order which shall require the construction of additional public facility capacity, where public facilities, due to the impacts of the development proposal do not meet the adopted level of service; and

2.

Such provisions shall require the necessary public facilities be constructed by the developer and at the developer's expense, or by the public or private entity having jurisdictional authority over the facility to the adopted level of service so that the necessary facilities and services will be in place when the impacts of the development occurs and within conformance with the five-year schedule of improvements found within the city capital improvements element.

14.13.6.

[Development orders and permits.] For development orders and permits, the following determination shall apply:

a.

If an applicant desires to determine whether there is sufficient capacity to accommodate their proposed project, the land development regulation administrator shall make an informal nonbinding determination of whether there appears to be sufficient capacity in the public facilities and services to satisfy the demands of the proposed project. If there appears to be insufficient capacity, the land development regulation administrator shall then make a determination of what public facilities or services would be deficient if the proposed project were approved.

b.

There are certain development approvals that are ineligible to receive concurrency reservation because they are too conceptual and, consequently, do not allow an accurate assessment of public facility impacts. These development approvals are land use amendments to the comprehensive plan and rezoning requests. Those development approvals shall receive a nonbinding concurrency determination.

c.

Any concurrency determination, whether requested as part of an application for development approval or without an application for development approval, is a nonbinding determination of what public facilities and services are available at the date of inquiry. The issuance of a certificate of concurrency compliance shall be the only binding action, which reserves capacity for public facilities and services.

14.13.7.

Certificate of concurrency compliance. A certificate of concurrency compliance shall only be issued upon final development approval. The certificate of concurrency compliance shall remain in effect for the same period of time as the development order or permit granting final development approval. If the development approval does not have an expiration date, the certificate of concurrency compliance shall be valid for 12 months from the date of issuance.

14.13.8.

Application priority. In such cases where there are competing applications for public facility capacity, the following order of priority shall apply:

1.

Issuance of a building permit based upon previously approved development orders permitting redevelopment;

2.

Issuance of a building permit based upon previously approved development orders permitting new development;

3.

Issuance of new development orders permitting redevelopment;

4.

Issuance of new development orders permitting new development.

14.13.9.

The concurrency management system. The following conditions apply to the city concurrency management system:

1.

Amendments to the city comprehensive plan can be made twice each year and as otherwise permitted as small scale developments. In addition, changes can be made to the capital improvements element of the city comprehensive plan by ordinance if the changes are limited to the technical matters listed in F.S. ch. 163, part II, as amended.

2.

No development or development permit order shall be issued which would require the city commission to delay or suspend construction of any of the capital improvements on the five-year schedule of the capital improvements element of the city comprehensive plan.

3.

If by issuance of a development order or development permit a substitution of a comparable project on the five-year schedule is proposed, the applicant may request the city commission to consider an amendment to the five-year schedule in one of the twice annual amendment reviews.

4.

The result of any development failing to meet the required level of service standards for public facilities shall require a halting of the affected development or the reduction of the standard for level of service, which will require an amendment to the city comprehensive plan.

(Ord. No. 2002-05, § 5, 2-4-2002; Ord. No. 2009-24, § 2, 11-3-2009)

The city commission shall use the following level of service standards for making concurrency determinations:

14.14.1.

Traffic circulation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for traffic circulation as established in the traffic circulation element of the city comprehensive plan: Establish the service standards as noted below at peak hour for the following roadway segments within the city as defined within the Florida Department of Transportation "Florida Level of Service Standards and Guidelines Manual for Planning, 1989."

_____

D - Divided Roadway

U - Undivided Roadway

14.14.2.

Sanitary sewer. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for sanitary sewer systems as established in the sanitary sewer element of the city comprehensive plan:

14.14.3.

Potable water. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for potable water systems as established in the potable water element of the city comprehensive plan:

14.14.4.

Drainage. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for drainage systems as established in the drainage element of the city comprehensive plan:

LEVEL OF SERVICE STANDARD

For all projects which fall totally within a stream, or open lake watershed, detention systems must be installed such that the peak rate of post-development runoff will not exceed the peak-rate of predevelopment runoff for storm events up through and including either:

1.

Projects, excepting agriculture and silviculture projects serving exclusively agriculture and forest, conservation or recreational uses, which are located within a landlocked basin shall be constructed for a design storm with a 25-year, 96-hour rainfall event with Soil Conservation Service type II distribution falling on average antecedent moisture conditions; or

2.

Projects not located within a landlocked basin shall be constructed for a design storm with 25-year, 24-hour rainfall depth.

All other stormwater management projects shall adhere to the standards as specified in F.A.C. ch. 17-25 (rules of the Florida Department of Environmental Regulation) and F.A.C. ch. 40C-42 (rules of the St. Johns River water management district), as effective on the date of adoption of this comprehensive plan.

Any development exempt from F.A.C. chs. 17-25 or 40C-42, as cited above, and which is adjacent to, or drains into a surface water, canal, or stream, or which enters a ditch which empties into a sinkhole, shall first allow the runoff to enter a grassed swale designed to percolate 80 percent of the runoff from a three-year, one-hour design storm within 72 hours after a storm event.

14.14.5.

Solid waste. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for solid waste facilities as established in the public facilities element of the city comprehensive plan:

14.14.6.

Recreation. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the recreation facilities as established in the recreation and open space element of the city comprehensive plan:

RESOURCE BASED RECREATION ACTIVITY/FACILITY LEVEL OF SERVICE STANDARD:

ACTIVITY BASED RECREATION ACTIVITY/FACILITY LEVEL OF SERVICE STANDARD:

(Ord. No. 2002-05, § 5, 2-4-2002)

14.14.7.

Public school facilities. New development shall not be approved unless there is sufficient available capacity to sustain the following levels of service for the public school facilities as established in the Public School Facilities Element of the City of Hawthorne Comprehensive Plan:

For public school facilities, the requirement for concurrency, in accordance with F.S. § 163.3180(13)(e), may be met if:

(a)

Adequate school facilities are available in the affected School Concurrency Service Area (SCSA) or will be in place or under construction within three years, as provided in the School Board of Alachua County 5-Year District Facilities Plan for School Concurrency adopted as part of the Capital Improvements Element, after the issuance of the final development order for residential development;

(b)

Adequate school facilities are available in an adjacent SCSA, and when adequate capacity at the adopted LOS Standards will be in place or under construction in the adjacent SCSA within three years, as provided in the School Board of Alachua County 5-Year District Facilities Plan for School Concurrency adopted as part of the Capital Improvements Element, after the issuance of the final development order;

(c)

The developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by development of the property subject to the final development order; or

(d)

The proposed development type is listed as exempt in Policy 2.4.2. of the Public School Facilities Element and thus is not required to provide the adopted level of service.

(Ord. No. 2009-24, § 3, 11-3-2009)