This article sets forth the application review submittal requirements and procedures for obtaining land use changes, site plans, plats, special exceptions, variances, vested rights, re-zonings, any other development orders as may be required and certain types of permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. of 9-25-06)

Whenever an applicant desires a change in land use or zoning, plat or site plan approval, special exception, variance, vested rights determination or any other development order as provided in this chapter the applicant shall do so to the zoning department in a form as prescribed by the city. Included with the application shall be the appropriate fee as set forth in a separate ordinance to cover administrative costs and costs associated with notices for public hearing.

The written application shall be signed by the owner or owner's designee and shall be accompanied by any necessary information or documentation supporting the request and which shall be reviewed in accordance with the provisions of this chapter and applicable state law.

An application shall not be complete until the above are accurately submitted and deemed so by the chief zoning official.

(Ord. of 9-25-06)

The record of quasi-judicial proceedings for development actions enumerated in this chapter shall include: any applications for zoning, variance, special exceptions, plats, site plans and vested rights or other development orders; relevant comprehensive plan or zoning text; disclosures; affidavits; maps, plans, surveys, legal descriptions, sketches, elevations, photographs; oral and written testimonies or objections; previous decisions rendered by a department, committee or board; or any other information as deemed necessary.

(Ord. of 9-25-06)

An application for development review may be withdrawn at any time, subject to fee being nonrefundable.

(Ord. of 9-25-06)

(a)

Generally. No development activity may be undertaken unless the activity is authorized by a development permit.

(b)

Prerequisites to issuance of development permit. A development permit may not be issued unless the proposed development activity:

(1)

Is authorized by a final development order issued pursuant to this chapter; and

(2)

Conforms to the Miami-Dade County Public Works Manual, standard details, the Miami-Dade County Water and Sewer Authority Department manual of standards and specifications, and other county, state and federal regulations as may be required and which are hereby adopted by reference.

(c)

Exceptions to requirement of a final development order. A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this chapter. Unless otherwise specifically provided, the development activity shall conform to this chapter.

(1)

The construction or alteration of a one- or two-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this chapter. Compliance with certain development standards in this chapter is not required if in conflict with the previously approved plat.

(2)

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site, and conforms to the standards given in Article IV of this chapter.

(Ord. of 9-25-06)

After a final development order has been issued under this chapter, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification to the development order. A modification may be applied for in the same manner as the original, subject to fees as enumerated in the zoning department fee schedule. A written record of the modification shall be made a part of the original final development order and maintained in the files of the city.

(Ord. of 9-25-06)

The chief zoning official is authorized to consider and make substantial compliance determinations which are minor modifications to previously approved site plans or signage.

(1)

The chief zoning official may approve an application to modify a site plan where it is demonstrated that the proposed modification will result in substantial compliance with the previous zoning action regarding the site plan, as demonstrated by all of the following:

a.

Development density and intensity have not materially changed, in that:

1.

The number of buildings is not increased by more than ten percent;

2.

The number of stories is the same or fewer;

3.

The height of the building(s) is the same or less;

4.

The number of units is the same or fewer;

5.

The lot coverage and floor area ratio are the same or less;

6.

The number of bedrooms and corresponding parking spaces are increased or decreased by as much as ten percent, based on the entire plan, provided the plan complies with all other requirements of this subsection and of this chapter; and

7.

Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area ratio is not changed.

b.

Design has not materially changed, in that:

1.

The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans;

2.

The parking area is in the same general location and configuration;

3.

The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for detached single family development, zero lot line and townhouse developments may also be decreased, provided that such decrease is limited such that the resulting setback distance will be the greater of either the underlying zoning district regulations, or any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought;

4.

The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect;

5.

The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved;

6.

Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans;

7.

Recreational facilities, if shown on plans approved by a prior action, either remain the same or are converted from one recreational use to another;

8.

If recreational facilities were not shown in the approved plans, they may be added, provided there is no increase in lot coverage or decrease in required open space and such facilities are located internally within the proposed development;

9.

If a variance for signage has been granted, the proposed sign(s) are no greater in size and are placed in the same general location on the site as approved by the previous action. An entrance sign location may be moved the same proportional distance as a relocated entrance drive;

10.

The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the zoning code that were not previously approved at public hearing, or of expanding the scope of existing variances, alternative site development options, or other approvals pursuant to alternative development standards such that they would differ to a greater degree from the strict application of the land development regulations;

11.

Additional out parcels may be added where:

i.

There is no increase in the project's total floor area ratio or lot coverage;

ii.

There is no reduction in the total amount of landscaped open space; and

iii.

Addition of the out parcel does not result in noncompliance with any other provision of this subsection on any other portion of the subject property.

12.

Reductions in the number of parking spaces on the site are permitted if sufficient parking spaces are provided to satisfy the requirements of this chapter.

c.

The slope of any lake for which a modification is requested complies all applicable provisions of the Code of Miami-Dade County, Florida.

(2)

At the discretion of the chief zoning official, a substantial compliance application may be reviewed by the technical review committee for said determination.

(Ord. of 9-25-06)

If development is not commenced within six months from the date of final approval of the final development order, the approval shall become null and void and the site may not be developed in accordance with the plan. If development is permitted in phases a phasing plan shall be required and subsequent phases shall commence within 18 months after the completion of the previous phase.

If subsequent phases are not commenced within the 18-month period, the final development order approval shall be null and void and reapplication to the city shall be required for the remaining phases. Phases may be developed out of sequence if good cause is shown and not be to the detriment of the preceding phase(s).

For good cause shown, application, in a form set by the city and subject to a fee, may be made prior to the expiration of the six- or 18-month periods for an extension time for the final development order.

With the commencement of construction site improvements including, but not be limited to: road and drainage improvements, excavation, grading and leveling, installation of utilities, and other infrastructure shall be developed concurrently.

(Ord. of 9-25-06)

In order to expedite the review process and avoid conflict, waste and expense a pre-application review may be required, at the discretion of the zoning department or at the request of the applicant, prior to the submission of the development order application. Such reviews will be performed by city staff and will require information on the proposed development application such as:

(1)

Land use designations and zoning district.

(2)

Type of development proposal.

(3)

Density/intensity of use.

(4)

Site plan and data.

(5)

Survey.

(6)

Subdivision plat.

(7)

Information on other required permits.

(8)

Other information in order to explain proposal.

Pre-application review does not constitute a formal action by the city and shall not be construed as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(Ord. of 9-25-06)

Comprehensive plan amendments shall be considered only on a semi-annual basis in accordance with the following procedural calendar and regulations:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for Comprehensive Plan amendments other than the city itself.

(2)

During the first weeks of January and July of each year, the city shall publish a notice of intent to accept applications for amendments to the Comprehensive Plan.

(3)

Applications shall be received by the city during the months of February and August in a form set by the city and made available to the applicants at the time of the city's publication of its notice to accept applications.

At the discretion of the zoning department, city-initiated amendments may be held twice, at any time, during the year pursuant to F.S. ch. 163.

(4)

The zoning department shall review all submitted applications for Comprehensive Plan amendments during the months of March and April and September and October and shall prepare a comprehensive written recommendation forwarded to the TRC with respect to each application, including any initiated by the city itself.

(5)

During the months of April and October, the planning and zoning board shall hold a public hearing to consider applications for amendments to the Comprehensive Plan and shall, upon conclusion of the public hearing, make a recommendation to the city council with respect to each application.

(6)

During the months of May and November, the city council shall hold a public hearing to consider the recommendations of the planning and zoning board with respect to applications for amendments to the Comprehensive Plan and shall, upon conclusion of the public hearing, adopt an ordinance expressing an intent to adopt those proposed amendments to the Comprehensive Plan that it considers to be in the best interest of the residents, property owners and the citizens of the city.

(7)

Upon adoption of the council ordinance, the proposed amendments to the Comprehensive Plan shall be forwarded to the appropriate county, regional and state agencies for review and comment and shall thereafter be adopted in accordance with the provisions of F.S. § 163.3184.

(8)

Pursuant to the requirements of Article II, a sign notifying the public of the intent to seek a Comprehensive Plan amendment shall be posted on the property.

(9)

Pursuant to the requirements of Article II, a radius map and property ownership list shall be prepared and provided to the city, at the owner's expense.

(10)

Pursuant to the requirements of Article II, property owners within a 1,500-foot radius of the property for which a Comprehensive Plan amendment is sought shall be notified of such amendment application, by mail, in addition to any statutorily required notice. The applicant shall bear the costs of notification to all the property owners within the 1,500-foot radius.

(Ord. of 9-25-06)

Changes to the city's land development regulations shall be considered only in accordance with the following procedures, regulations and requirements:

(1)

The city shall be the only eligible applicant for changes to these land development regulations. Property owners, their authorized representatives, or other interested parties may propose changes which will be in the best interest of the residents, visitors and businesses of the city.

(2)

The application shall be prepared by the zoning department accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law.

Concurrently, a review shall be completed in order to affirm any changes to these land development regulations shall be consistent with the city's Comprehensive Plan and not in conflict with other county, regional, state or federal regulations.

(3)

The planning and zoning board shall hold a public hearing to consider applications for changes to the land development regulations and shall, upon conclusion of the public hearing, make a recommendation to the city council with respect to each application.

(4)

The city council shall hold a public hearing to consider the recommendations of the planning and zoning board with respect to applications for changes to the land development regulations and shall, upon conclusion of the public hearing, adopt an ordinance expressing an intent to adopt those changes to the land development regulations that it considers to be in the best interest of the residents, property owners and the citizens of the city.

(5)

Pursuant to the requirements of Article II, whenever a change to the land development regulations is sought there shall be public notice.

(Ord. of 9-25-06)

Rezoning of property located within the city shall be considered only in accordance with the following procedures, regulations and requirements:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for rezoning of property other than the city itself.

(2)

Applications shall be received by the city in a form set by the city accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law. Information supporting said request shall include:

a.

Existing land use designation(s).

b.

Existing and proposed zoning districts.

c.

Type of development proposal.

d.

Density/intensity of use.

e.

Survey of property.

f.

Subdivision plat, if platted.

g.

Information on other required permits.

h.

Other information in order to explain proposal.

(3)

The zoning department shall review all submitted applications for completeness for rezoning of property and schedule said application before the technical review committee.

(4)

The technical review committee (TRC) shall meet to consider applications for rezoning of property and shall make an initial determination of conformance with applicable regulations. Upon conclusion of the review, the TRC shall make a recommendation to the planning and zoning board and city council.

(5)

The planning and zoning board shall hold a public hearing to consider applications for rezoning of property and shall, upon conclusion of the public hearing, make a recommendation to the city council with respect to each application.

(6)

The city council shall hold a public hearing to consider the recommendations of the TRC and planning and zoning board with respect to applications for rezoning of property and shall, upon conclusion of the public hearing, adopt an ordinance approving the rezoning of property. The city council shall consider the approval to be in the best interest of the residents, property owners and the citizens of the city.

(7)

Pursuant to the requirements of Article II, a sign notifying the public of the intent to seek a rezoning shall be posted on the property.

(8)

Pursuant to the requirements of Article II, a radius map and property ownership list shall be prepared and provided to the city, at the owner's expense.

(9)

Pursuant to the requirements of Article II, property owners within a 1,500-foot radius of the property for which a rezoning is sought shall be notified of such application, by mail, in addition to any statutorily required public notice. The applicant shall bear the costs of notification to all the property owners within the 1,500-foot radius.

(Ord. of 9-25-06)

(a)

Approval before recording. No plat of any subdivision shall be entitled to record in the office of the clerk of the circuit court until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be stricken from the record upon application of the city council.

(b)

Revising plat after approval.

(1)

Any changes, erasures, modifications or revisions to an approved plat prior to recordation may only be made by the technical review committee to correct scriveners errors, reflect accurate legal descriptions and locate right-of-way dedications, drainage ways and easements.

(2)

No changes, erasures, modifications or revisions to an approved plat prior to recordation shall be made unless resubmitted for new approval provided, however, that the city council may, after public hearing and based only upon a recommendation of technical review committee, change, modify or revise dedicated road rights-of-way or drainage easements.

(c)

Platting procedure.

(1)

Preliminary conference. The subdivider or his engineer, or land surveyor, prior to the preparation of the tentative plat, may informally seek the advice of the zoning department and/or public works department in order to become familiar with the subdivision requirements and with the provisions of the master plan affecting the territory in which the proposed subdivision is located.

(2)

Waiver of plat. A waiver of plat may only be approved pursuant to section 28-4, Plats and platting—Recording; exceptions, and section 28-4.1, Same—Procedure for waiver of plat, Code of Miami-Dade County, as may be amended from time to time.

(3)

Tentative plat. The tentative plat shall show on a map all of the facts and data required by the various departments to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest.

a.

The following information shall be part of the tentative plat unless waived by the appropriate authority.

1.

Proposed subdivision name and identifying title and the name of the city, if any, in which the subdivision is located, and the section, township and range.

2.

Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features.

3.

The names of all subdivisions immediately adjacent.

4.

The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided.

5.

Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces and similar facts regarding property immediately adjacent.

6.

The width and location of any street or other public ways or places shown upon the official map or the master plan, within the area to be subdivided, and the width and locations of all streets or other public ways proposed by the developer.

7.

Date of field survey, north point and graphic scale.

8.

Legal description and plan of proposed layout made and certified by a Florida-licensed land surveyor.

9.

The proposed lot lines with approximate dimensions and in the case of odd or irregularly shaped lots, suggested location of building setback lines.

10.

Where the tentative plat submitted covers only a part of the subdivider's entire holding, a master tentative plat of the prospective future street system of the unsubdivided part will be required, and the street system of the unsubmitted part will be considered in the light of adjustments and connection with the street system of the plat submitted.

11.

A plat application signed by the owner and notarized on the form prescribed by the city.

12.

The numbering of all lots, blocks and the lettering of all tracts shall be shown on the tentative plat. All lots or tracts shall be numbered or lettered progressively. All blocks shall be progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions.

13.

A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of-way.

b.

The following information shall be submitted in addition to the tentative plat if requested by the city.

1.

The names of owners of record of immediately adjacent property.

2.

Any changes in the use, height, area and density districts or other regulations under this or other chapters of the Code of the City of Hialeah Gardens, zoning, applicable to the area to be subdivided, and any boundaries of such districts, affecting the tracts; all parcels of land proposed to be dedicated to public use and the conditions of such dedications.

3.

Typical cross-section of the proposed grading and roadways or sidewalks and topographic conditions.

4.

Location of closest available subdivision or public water supply system.

5.

Location of closest available subdivision or public sewage disposal system.

6.

Provisions for collecting and discharging surface drainage.

7.

Preliminary designs of any bridges or culverts which may be required.

8.

Boundary survey.

9.

If required by these regulations or if proposed by the subdivider, the proposed location of any type of sidewalks, street lighting standards and species of street trees, the location of curbs, gutters, water mains, sanitary sewers and storm drains and the sizes and types thereof, the character, width and depth of pavement and sub-base, and the location of manholes and basins and underground conduits.

10.

The boundaries of proposed permanent utility easements over or under private property. Such easements shall provide satisfactory access to an existing public highway or other public open space shown upon the layout. Permanent drainage easements shall also be shown.

11.

All dimensions affecting public rights-of-way and proposed dedication of the public rights-of-way shall be established by a registered surveyor and shown on the grading and drainage plan accompanying approved and valid tentative plats when said plan is submitted for approval, with the same degree of accuracy as, and identical to, the corresponding dimensions shown on the final plat.

12.

A copy of owners' deed or a current opinion of title from any attorney authorized to practice law in the State.

(4)

Filing copies of tentative plat and plat application. The subdivider shall file seven copies of the tentative plat with the zoning department, together with the plat application. All tentative plats filed shall be reviewed for approval at a regular meeting of the technical review committee, and the tentative plats should be filed according to the city's meeting schedule for the meeting at which approval is sought.

(5)

Checking and investigating. The subdivider shall pay such fees as may be prescribed by ordinance for checking the tentative plat and investigating such matters concerning it as may be required by law and this chapter.

(6)

Approval of tentative plat. Plats shall be distributed by the zoning department to the Department of Florida Health and to such other departments as may be necessary. Tentative approval shall confer upon the subdivider the right for a nine-month period from the date of approval that the terms and conditions under which the tentative approval was granted will not be changed if the final plat is in accordance with the tentative approval.

(7)

Hold harmless. If an applicant requests site plan review concurrent with an application for tentative plat the applicant shall hold the city harmless if the tentative plat is denied or required to be substantially modified.

(8)

Final plat requirements generally. All plats, replats, or petitions for waiver of plat shall comply with the following requirements:

a.

The provisions of Chapter 28 of the Miami-Dade County Code, the provisions of this chapter and F.S. ch. 177.

b.

The conformance to the tentative plat as determined by the technical review committee. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to the requirements of this chapter. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the developer proposed to record and develop at the time, provided that such portion conforms with all requirements of this chapter.

c.

That no building permit shall be issued for any structure on a lot within the city unless the lot is a lot within a plat which has been approved and recorded in the manner prescribed by law, unless the recording of the plat is not required, waived, or excepted by this chapter. All applications for plat, replat or waiver of plat shall be submitted to the mayor and the chief zoning official or building official on such forms and with attachments, exhibits, and information required by the city and the county. The mayor and the chief zoning official or building official shall determine the following:

1.

Whether or not the proposed plat, replat or waiver of plat conflicts in any respect with the Comprehensive Plan of the city.

2.

If all documents required by law and this chapter are attached to the application.

3.

Whether the application is accompanied by a deposit of costs of no less than an amount on file in the city clerk's office, payable to the city to defray the cost of the city incurred in reviewing the application for plat, replat or waiver of plat and investigating all representations prior to final approval, including survey and legal expenses. All amounts in addition to such sum shall be paid to the city prior to recording of the plat, replat or waiver of plat. The applicant shall pay all charges or fees required by the County.

d.

That the mayor and the chief zoning official or building official shall determine if the proposed plat, replat or waiver of plat:

1.

Meets the requirements of the Comprehensive Plan and ordinances of the city.

2.

Requires infrastructure improvements for any development and that a performance bond be posted guaranteeing satisfactory completion of the project within three years. The amount of such bond shall equal 110 percent of the cost of improvements, of which 100 percent of the bond shall be released upon completion of the improvements and ten percent retained for one year for maintenance or correction of defects by the developer.

3.

Requires dedications or reservations.

e.

The mayor or chief zoning official shall certify whether or not the public health, safety, and welfare are served by the proposed plat, replat or waiver of plat. If the mayor or chief zoning official fails or refuses to accept or certify the proposed plat, replat or waiver of plat, the applicant may appeal the decision of the mayor or chief zoning official to the city council, whose decision shall be final.

f.

Upon approval by the city council, the applicant shall submit the proposed plat, replat or waiver of plat to the plat division of Miami-Dade County in accordance with law. Upon approval by the county plat division, the plat, replat or waiver of plat shall be recorded in the records of the office of the clerk of the circuit court.

(9)

Preparation. The final plat shall be prepared by a land surveyor or civil engineer registered in the state. The final plat shall be clearly and legibly drawn, to a sheet size of 18 inches by 28 inches or 30 inches by 36 inches and to a scale of sufficient size to be legible. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws dealing with the preparation of plats.

(10)

Contents. The final plat shall contain the following:

a.

Name or title of the subdivision.

b.

Deed description on map or plat. There shall be written or printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and section and parts of sections platted and location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision or a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

c.

Names of adjacent subdivisions.

d.

Names or numbers and width of streets immediately adjoining the plat.

e.

All plat boundaries.

f.

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments, which shall be accurately described in the plat.

g.

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.

h.

Accurate location of all monuments.

i.

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

j.

When lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.

k.

The name or numbering and right-of-way width of each street or other right-of-way shown on plat.

l.

The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers or in blocks progressively numbered, except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

m.

Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; resubdivision of parcels as "platted," and restrictions of similar nature.

n.

All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner unless it is sufficient in size and area to be of some practical use or service.

o.

The dimensions of all lots and angles of bearings.

p.

Minimum building setback lines where required by this Chapter.

q.

Location, dimension and purpose of any easements.

r.

Certification by a registered surveyor or civil engineer to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.

s.

An acknowledgment by the owner of his adoption of the plat and of the dedication of streets, parks, and other public areas, and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, purpose of closing must be stated on the plat.

t.

The signature and seal of the city. Provided, however, that where property is being replatted, the signatures of the city shall be affixed or denied pursuant to the procedures established in F.S. § 177.101, unless the vacation of prior plats has previously been validly accomplished.

(11)

Other data. In addition to the information required in subsections (7) through (9) of this section, the following shall accompany the final plat:

a.

Restrictive covenants desired by the developer, so long as they do not violate existing ordinances. Restrictive covenants shall be required covering the same restrictions included under subsection (9) of this section; restrictions controlling building lines, establishment and maintenance of buffer zones, and restrictions of similar nature.

b.

Current opinion of title from any attorney authorized to practice law in the state.

c.

Certification from the city and county that all taxes and assessments have been paid on the land within the proposed subdivision or receipted tax bills.

d.

If a land use change is involved, certification from the city shall be furnished indicating that the change requested has been adopted and is in effect, and that the size of lots and other features shown on the plat conform to all district requirements. Signing of the final plat by the mayor and chief zoning official or building official shall constitute such certification.

e.

No plat shall be entitled for recording in the city clerk's office until the plat is signed by the mayor.

f.

Clerk's fees for recording the plat.

(Ord. of 9-25-06)

(a)

Purpose. The purpose of the site plan review is to encourage logic, imagination, innovation, and variety in the design process and to ensure the congruity of the proposed development and its compatibility with the surrounding area. The technical review committee and the planning and zoning board shall review plans for compliance with the land use regulations and development s standards of this chapter for compliance with the site plan review criteria. The recommendations of the technical review committee and planning and zoning board shall be transmitted to the city council for its consideration.

(b)

Review procedure for developments.

(1)

Application. Applications for site plan review shall require the submission of a site development plan (site plan) in accordance with the provisions of this article. No certificate(s) of occupancy shall be issued for any building or buildings unless all facilities included in the approved site plan have been provided.

(2)

Consultants' review. The city may, if in its opinion it is deemed necessary, retain consultants to assist in the review of an application for site plan review. The cost of retaining the consultants shall be borne by the applicant in the manner set forth within a separate ordinance concerning permit fees.

(3)

Submission procedure. An application for a site plan review shall be made to the zoning department prior to an application for a building permit and will only be accepted if all other ordinances and provisions of the city where a public hearing is required have been complied with. Except as may otherwise be required by law or administrative procedures, all required county, regional, state, or federal agency approvals shall be obtained prior to the submission of an application for site plan review.

Upon receipt of seven copies each of the site plan and application the chief zoning official shall have ten working days to determine its appropriateness and completeness and accept or reject the application.

Within 30 days after acceptance the technical review committee shall review and comment on the site plan application and recommend to the planning and zoning board and city council approval as submitted; recommend with changes or special conditions; or disapproval. The written recommendations of the committee and board shall be transmitted to the council and a public hearing, pursuant to Article II of this chapter, shall be conducted before the council, which shall deny, approve, or approve the site plan subject to certain conditions.

(c)

Findings. The city council in granting or denying site plan approval by written ordinance shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without changes or special conditions, or for the disapproval. The ordinance shall set forth with particularity in what respects the plan would or would not be in the public interest including, but not limited to, findings of fact and conclusions on the following:

(1)

In what respect the plan is or is not consistent with the Comprehensive Plan and the purpose and intent of the use district in which it is located.

(2)

In what respect the plan is or is not in conformance with development and design standards, Article V of this chapter, or other articles or provisions of this chapter.

(d)

Submission requirements. Any application for site plan approval shall include the following information:

(1)

The location and size of the site, including its legal description and a current certified survey.

(2)

The recorded ownership interests including liens and encumbrances and the nature of the developer's interest if the developer is not the owner.

(3)

The relationship of the site to existing development in the area including streets, utilities, residential and commercial development, and physical features of the land including pertinent ecological structures.

(4)

The density or intensity of land use to be allocated, all parts of the site to be developed, together with tabulations by acreage and percentage thereof.

(5)

The location, size, and character of any common open space and the form of organization proposed to own and maintain any common open space.

(6)

The use and the number of stories and approximate height, bulk, and location of all buildings and other structures.

(7)

The requirements as set forth in this chapter and other chapters, including the necessary documentation for providing required improvements such as streets, water supply, storm drainage, parking, landscaping, and sewage collection as well as the provisions for all other appropriate public and private services such as police or security protection, fire protection, and refuse collection.

(8)

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities.

(9)

In the case of plans which call for development over a period of years, a phasing schedule showing the approximate times within which applications for building permits are intended to be filed.

(10)

Any additional data, plans, or specifications which the applicant believes is pertinent and will assist in clarifying his application.

(11)

A demonstration that the proposed development does not degrade adopted levels of service in the city (see Chapter 66).

(12)

And any additional information required on the development review application.

(Ord. of 9-25-06)

(a)

Generally. A variance is a relaxation of the technical requirements of this chapter where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, and where a literal enforcement of this chapter would result in unnecessary or undue hardship. Variance requests shall be limited to setbacks, lot coverage, building spacing requirements and parking (which cannot be varied administratively), height in the industrial districts only, and no variance that would increase flood damage on other property shall be granted unless flowage easements have been obtained from the owners of affected properties.

The city may prescribe a reasonable time limit within which the action for which the variance or administrative variance is required shall be begun, or completed, or both. Should no building permit be issued concerning the property which is the subject of the variance, then the variance issued concerning the property shall expire one year from the date the variance was approved. For good cause shown, application, in a form set by the city, may be made prior to the expiration of the one-year period for an extension of the variance. The application shall be made before the planning and zoning board, which shall make recommendations to the city council. The city council's decision shall be final and binding.

(b)

Variance. The city may grant a variance from the strict application of the above provisions of these land development regulations only if considered in accordance with the following procedures, regulations and requirements:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for variances other than the city itself. Any person desiring to undertake development activity not in conformance with these land development regulations may apply for a variance in conjunction with the application for development review.

(2)

Applications shall be received by the city in a form prescribed by the city accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law. Information supporting said request shall include:

a.

Existing land use designation(s).

b.

Existing zoning districts.

c.

Type of development proposal.

d.

Density/intensity of use.

e.

Survey of property.

f.

Subdivision plat, if platted.

g.

Variance requested.

h.

Reason and justification for variance.

i.

Information on other required permits, if any.

j.

Other information in order to explain proposal.

(3)

The zoning department shall review all submitted applications for completeness and schedule said application before the technical review committee.

(4)

The technical review committee (TRC) shall meet to consider applications for variances and shall make an initial determination of conformance with applicable regulations. Upon conclusion of the review, the TRC shall make a recommendation to the planning and zoning board and city council.

(5)

The planning and zoning board shall hold a public hearing to consider applications for variances and shall, upon conclusion of the public hearing, make a recommendation to the city council with respect to each application.

(6)

The city council shall hold a public hearing to consider the recommendations of the TRC and planning and zoning board with respect to applications for variances and shall, upon conclusion of the public hearing, determine where, owing to special conditions, a literal enforcement of the provisions of these land use regulations will result in unnecessary and undue hardship. In order to authorize any variance from the terms of these land use regulations, the city council must and shall find the following:

a.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district.

b.

The special conditions and circumstances do not result from the actions of the applicant and/or the property owner.

c.

Literal interpretation of the provisions of these land use regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these land use regulations and would work unnecessary and undue hardship, but not economic hardship, on the applicant.

d.

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

e.

The grant of the variance will be in harmony with the general intent and purpose of these land use regulations, and the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

f.

Granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare.

g.

No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the authorization of a variance.

(7)

Pursuant to the requirements of Article II of this chapter, a sign notifying the public of the intent to seek a variance shall be posted on the property.

(8)

Pursuant to the requirements of Article II of this chapter, a radius map and property ownership list shall be prepared and provided to the city, at the owner's expense.

(9)

Pursuant to the requirements of Article II of this chapter, property owners within a 1,500-foot radius of the property for which a variance is sought shall be notified of such application, by mail, in addition to any statutorily required public notice. The applicant shall bear the costs of notification to all the property owners within the 1,500-foot radius.

(c)

Administrative variance. Within the residential districts, the chief zoning official may, by administrative decision, grant an administrative variance from the strict application of these land development regulations but only in accordance with the following procedures, regulations and requirements:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for variances other than the city itself. Any person desiring to undertake development activity not in conformance with these land development regulations may apply for a variance in conjunction with the application for development review.

(2)

Applications shall be received by the city in a form set by the city accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law. Information supporting said request shall include:

a.

Existing land use designation(s).

b.

Existing zoning districts.

c.

Type of development proposal.

d.

Density/intensity of use.

e.

Survey of property.

f.

Subdivision plat, if platted.

g.

Variance requested.

h.

Reason and justification for variance.

i.

Information on other required permits, if any.

j.

Other information in order to explain proposal.

k.

Signatures of the surrounding property owners.

(3)

The zoning department shall review all submitted applications for completeness for said administrative variances and determine that:

a.

That the setback proposed is reduced not more than 20 percent of that required.

b.

That the lot coverage is not increased by more than ten percent of that allowed.

c.

That the spacing between structures is not less than five feet.

(4)

The chief zoning official will review the information and render a decision either approving, approving with modifications or conditions or denying the request.

(5)

In granting the adjustment, the chief zoning official must find:

a.

That the adjustment will be in harmony with the general appearance and character of the community.

b.

That the adjustment will not be injurious to the area involved or otherwise detrimental to the public welfare.

c.

That the proposed structure or addition for which the administrative variance is being requested is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the land.

(6)

A copy of said decision shall be kept on file with the city clerk and will become effective 15 days after the chief zoning official's decision, unless an appeal is filed.

(Ord. of 9-25-06; Ord. No. 2017-25, § 2, 10-3-17)

(a)

Purpose. The purpose of a special exception is to allow uses not permitted by right but which may provide for an individual or community-serving need and which, subject to conditions as set forth in section 78-36, would not impact the integrity of the zoning district. The technical review committee and the planning and zoning board shall review plans for compliance with the land development regulations and development standards of this chapter. The recommendations of the planning and zoning board shall be transmitted to the city council for its consideration.

(b)

Review procedure for developments.

(1)

Application. Applications for special exception uses shall require the submission of a site plan in accordance with the provisions of this chapter. No certificate(s) of occupancy shall be issued for any use unless said use has been approved.

(2)

Submission procedure. An application for a special exception use shall be made to the zoning department prior to an application for a building permit and will only be accepted if all other ordinances and provisions of the city where a public hearing is required have been complied with. Except as may otherwise be required by law or administrative procedures, all required county, regional, state, or federal agency approvals shall be obtained prior to the submission of an application for a special exception use.

Upon receipt of seven copies of the application the zoning department shall have ten working days to determine its appropriateness and completeness and accept or reject the application.

Within 30 days after acceptance the technical review committee shall review and comment on the application and recommend to the planning and zoning board approval as submitted; recommend with changes or special conditions; or disapproval. After review by the planning and zoning board, the written recommendations of the board shall be transmitted to the council and a public hearing, pursuant to Article II, shall be conducted before the council, who shall deny, approve, or approve the special exception use subject to certain conditions.

(c)

Findings. The city council in granting or denial of site plan approval by written ordinance shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without changes or special conditions, or for the disapproval.

Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

The city council may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun, or completed, or both.

(d)

Submission requirements. Any application for special exception use shall include the following information, if applicable:

(1)

The location and size of the site, including its legal description and a current certified survey.

(2)

The recorded ownership interests including liens and encumbrances and the nature of the developer's interest if the developer is not the owner.

(3)

The relationship of the site to existing development in the area including streets, utilities, residential and commercial development, and physical features of the land including pertinent ecological structures.

(4)

The density or intensity of land use to be allocated, all parts of the site to be developed, together with tabulations by acreage and percentage thereof.

(5)

The location, size, and character of any open space, common or otherwise.

(6)

The use and the number of stories and height, bulk, and location of all buildings and other structures.

(7)

The requirements as set forth in this chapter and other chapters, including the necessary documentation for providing required improvements such as streets, water supply, storm drainage, parking, landscaping, and sewage collection as well as the provisions for all other appropriate public and private services such as police or security protection, fire protection, and refuse collection.

(8)

The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities.

(10)

Any additional data, plans, or specifications which the applicant believes is pertinent and will assist in clarifying his application.

(11)

A demonstration that the proposed special exception use does not degrade adopted levels of service in the city (see Chapter 66).

(Ord. of 9-25-06)

(a)

Purpose. Any property owner whose property is rezoned or whose use of property is restricted as a result of a zoning action undertaken by the city, and who claims a vested right to develop or use his property contrary to this chapter, may submit an application for a determination of vested rights to the building department within one year after the later of:

(1)

The effective date that the official ordinance or zoning action by the city is taken; or

(2)

The date of final judicial action.

(b)

Standard. Reliance solely on the prior zoning of the property absent a duly filed application and receipt of permits shall not constitute a basis for a determination of vested rights.

(c)

Application. Any property owner filing for a determination of vested rights with the zoning department shall do so on a form approved by the city hereby known as "Application for Vested Rights".

In addition to the application form, the applicant shall attach copies of any applicable development permits, development orders and/or any other documents which support or negate the claim of vested rights. The mere existence of zoning prior to the effective date of the zoning action in question shall not automatically vest rights.

(d)

Notice procedures for vested rights. Notice procedures for vested rights shall be detailed in this chapter under Article II.

(e)

Review procedures for vested rights.

(1)

The zoning department shall review the application and attachments as to form and sufficiency and shall within 15 days of receipt thereof determine and notify the applicant whether the application information is in compliance with this section. Within 15 days after acknowledging receipt of a sufficient application, the zoning department shall place the application on the agenda of the next scheduled planning and zoning board meeting.

(2)

The planning and zoning board shall substantively review the application and shall consider all written documents, statements, and information submitted by the applicant or gathered and made part of the record by the zoning department during the examination of the application. The planning and zoning board may solicit and shall accept submission of relevant information from any other departments and agencies of the city or from third parties who may possess factual information relevant to the application. The planning and zoning board shall then make recommendations to the city council and place the application on the agenda of the next scheduled city council meeting.

(3)

The city council shall review the application and consider the recommendations of the planning and zoning board and any other information which it deems necessary and advisable, and shall issue a final determination as to the vested rights claim.

(f)

Effect of vested rights determination. A determination by the city council that a property owner is entitled to a vested right shall entitle development or use in accordance with such determination. However, a vested rights determination shall not limit the applicability of other provisions of this chapter, nor shall it entitle the applicant to the issuance of any development permit not specified in the final vested rights determination.

(Ord. of 9-25-06)

(a)

Appeals to city council. Appeals, of any zoning department decision may be taken by any person aggrieved, pursuant to the provisions of this section.

(1)

Staying of work on premises. If an appeal to the city council is filed no building permit shall be issued until the city council's decision becomes final. Unless, to do so would cause imminent peril to life or property.

(2)

Procedure. Any person appealing any zoning department decision shall make the appeal within 30 days after the order, requirement, decision, or determination has been rendered in writing to the city council. The applicant shall file one original and eight copies of the application for an appeal along with supporting data with the city clerk. Upon receipt of the appeal, the city clerk shall review the application for completeness and include all documents, plans, papers, or other materials constituting the record on which the action appealed was taken and transmit this to the city council.

(3)

Hearing of appeal. Pursuant to Article II of this chapter, before rendering a decision on an appeal, the city council shall hold a public hearing. At the hearing, any party may appear in person or by agent or by attorney.

(b)

Meetings of city council. Meetings of the city council for appeals shall be in accordance with the rules of procedure for regular city council meetings.

(c)

Fee for appeals before the city council. A fee shall be paid by any applicant seeking an appeal. Said fee schedule shall be kept on file with the city clerk.

(Ord. of 9-25-06)