(a)

The use of property shall not be substantially changed (see Section 17-112); clearing, grading, excavation or paving shall not be commenced; building or other structures shall not be constructed, erected, moved or substantially altered except in accordance with and pursuant to one of the following permits.

(1)

Administrative.

a.

Construction permit (see Appendix C).

b.

ROW utilization permit (see Appendix D).

c.

Sign permit (see Section 17-208).

d.

Zoning permit.

e.

Building permit.

f.

Floodplain development permit (see Appendix V).

(2)

Regulatory.

a.

Special exception permit

b.

Conditional use permit

c.

Development permit

d.

Special event permit (single event permission)

e.

Environmental permit (see Section 17-220)

(b)

Permits are issued under this chapter only after a review of the submitted application (including the plan contained therein) indicates that the development will comply with the provisions of this chapter if completed as proposed. Such plans and applications as finally approved are incorporated into any permit issued, and except as otherwise provided in Section 17-49, all development shall occur strictly in accordance with such approved plans and applications.

(c)

Several permits may be issued under one application and review and in one permit form if the applicant satisfies all necessary submittal information requirements. An applicant seeking more than one permit approval shall identify the permits requested at the time of submittal and submit all applicable application forms and fees to the Administrator.

(Ord. No. 2013-529, § 1, 7-24-13; Ord. No. 2014-537, § 3, 3-6-14)

Issuance of a permit authorizes the recipient to commence the activity specified on the permit. The intended use, however, may not be commenced; no building may be occupied; and in the case of subdivisions, no lots may be sold until all requirements of this chapter and all additional requirements pursuant to the issuance of the permit have been complied with.

(a)

All permit applications must be complete before the permit-issuing authority is required to consider the application.

(b)

Subject to subsection (c) below, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development will comply with all the requirements of this Code.

(c)

Detailed or technical design requirements and construction specifications relating to various types of improvements are set forth in this chapter. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with this chapter if the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in light of the substantive requirements set forth in the text of this chapter. However, whenever this chapter requires, no construction work may be commenced until detailed construction drawings have been submitted to and approved by the administrator. Failure to observe this requirement may result in a permit revocation, denial of final plat, or other penalty as provided in Article VIII.

(d)

The presumption established by this chapter is that all information set forth in Appendix A-A is necessary to satisfy the requirements of this section. Each development is unique, however, and the permit-issuing authority may require less or more information to be submitted. An initial determination of what information will be required shall be made at a preapplication conference with the administrator.

(e)

The administrator is delegated the authority to and shall develop application forms, instructional sheets, checklists and other forms and devices to assist applicants in understanding the requirements.

(a)

A completed application form for an administrative permit shall be submitted to the administrator.

(b)

The administrator shall issue the permit unless after reviewing the application and consulting with the applicant he finds that:

(1)

The requested permit is not within his jurisdiction according to the Table of Permissible Uses, or

(2)

The application is incomplete, or

(3)

If completed as proposed in the application, the development will not comply with the comprehensive plan or one or more requirements of this chapter.

(a)

Prior to submitting an application for a special exception, conditional use, environmental, development or special event permit to the administrator, the applicant may schedule a pre-application conference.

(b)

Subject to Subsection (d) the L.P.A. shall issue the requested permit unless it concludes, based upon the information submitted at-the hearing, that:

(1)

The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or

(2)

The application is incomplete, or

(3)

If completed as proposed in the application, the development will not comply with the comprehensive plan or one or more requirements of this chapter.

(c)

Even if the L.P.A. finds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

(1)

Will materially endanger, impair or adversely effect the—public health or safety, or

(2)

Will substantially and unreasonably injure or reduce the value of adjoining or abutting property, or

(3)

Will be inconsistent with the area in which it is to be located, or

(4)

Will not be in general conformity with any plan or policy officially adopted by the council.

(Ord. No. 2013-529, § 2, 7-24-13)

(a)

The burden of presenting a complete application (as described in Section 17-40) to the permit-issuing authority shall be upon the applicant. The application shall, however, be presumed to be complete unless the authority informs the applicant in what way the application is incomplete and offers the applicant an opportunity to complete the application.

(b)

Once a completed application has been submitted, the burden of presenting evidence to the permit-issuing board sufficient to enable it to conclude that the application should be denied for any reasons stated in Subsections 42 (b) and (c) shall be upon the party or parties urging this position, unless the information presented by the applicant in the application or at the hearing is sufficient to justify denial the application.

(c)

The burden of persuasion on the issue of whether the development will comply with the requirements of this Code remains at all times on the applicant. The burden of persuasion on the issue of whether the application should be denied for any of the reasons set forth in Subsection 42(c) rests on the party or parties urging that the-requested permit should be denied.

(a)

An application for a conditional use, development permit, environmental permit or use by exception permit shall be referred to the L.P.A. for action in accordance with this chapter.

(b)

An application for a special event permit shall be referred to the council for action in accordance with this chapter.

(c)

The staff shall prepare a statement of findings concerning the application's compliance with this chapter for applications referred for action to the L.P.A. or council. Such statement may include recommendations for additional requirements to be applied under the permit.

(d)

In response to the recommendations of the staff, the applicant may modify his application prior to submission to the L.P.A.

(Ord. No. 2013-529, § 3, 7-24-13)

In considering whether to approve a permit application, the L.P.A. shall proceed according to the following format:

(1)

The L.P.A. shall consider whether the application is complete. Unless a member moves that the application be found incomplete, the application shall be found complete.

(2)

The L.P.A. shall consider whether the application complies with all of the applicable requirements of this chapter.

(3)

If the L.P.A. concludes that the application fails to comply with one or more requirements of this chapter, the application shall be denied.

(a)

The L.P.A. may add as conditions to the permit any reasonable requirements in addition to those specified in this Code that will ensure that the development in its proposed location:

(1)

Will not endanger the public health or safety.

(2)

Will not unreasonably injure the value of adjoining or abutting property.

(3)

Will be consistent with the area in which it is located.

(4)

Will be in conformity with the comprehensive plan or any other plans officially adopted by the council.

(b)

The L.P.A. may add to a permit a condition limiting the permit to a specified duration.

(c)

All additional conditions or requirements shall be entered on the permit.

(d)

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter.

(a)

If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (c), the provisions of Section 17-39 (No occupancy, use or sale of lots until requirements fulfilled) shall apply to each phase as if it were the entire development.

(b)

As a prerequisite to taking advantage of the provisions of subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage.

(c)

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then as part of his application for development approval the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit.

(a)

All administrative and regulatory permits shall expire automatically if, within one year after the issuance of such permits:

(1)

The use authorized by such permits has not commenced or application for the next required approval has not been filed (in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use), or

(2)

Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition or similar work on any development authorized by such permits has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.

(b)

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 17-49 (successors and assigns).

(c)

The permit-issuing authority may extend for a period of 12 months the date when a permit would otherwise expire pursuant to subsections (a) or (B) if it concludes that:

(1)

The permit has not yet expired;

(2)

The permit recipient has proceeded with due diligence and in good faith; and

(3)

Conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to 12 months upon the same findings.

(4)

All such extensions may be granted without resort to the formal processes and fees required for a new permit.

(d)

For purposes of this section a regulatory permit is issued when L.P.A. votes to approve the application and issue the permit. An administrative permit is issued when a copy of the fully executed permit is delivered to the applicant.

(e)

Notwithstanding any of the provisions of Article VIII (nonconforming situations), this section shall be applicable to permits issued prior to the date this section becomes effective.

Administrative and regulatory permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable unless the permit-issuing authority makes them personal to the applicant as a condition of the permit. However, so long as the land or structures of any portion thereof covered under a permit is used for the purposes for which the permit was granted, then:

(1)

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and

(2)

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit for the following:

a.

Entities having an interest in the property at the time the permit was obtained;

b.

Entities who subsequently obtain any interest in all or part of the property and wish to use it for purposes other than those for which the permit was originally issued; and

c.

Entities who make use of the land or structures covered under the permit.

(Ord. No. 2013-530, § 3, 6-3-13)

(a)

Insignificant deviations from the permit (including approved plans) issued by the L.P.A. or the administrator are permissible, and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public or those intended to occupy or use the proposed development.

(b)

Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public or those intended to occupy or use the proposed development.

(c)

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the L.P.A., new conditions may be imposed in accordance with Section 17-46, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(d)

The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (a), (b) and (c).

(e)

A developer requesting approval of changes to any permit issued by the administrator shall submit a written request for such approval to the administrator and that request shall identify the changes. Approval of all changes must be given in writing.

(a)

Whenever the L.P.A. disapproves a regulatory permit application or an application for a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered for a period of one year from the date of denial.

(b)

Notwithstanding subsection (a), the L.P.A. may, at any time, consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

The city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter.

The recipient of any regulatory or administrative permit, or his successor, shall be responsible for maintaining all residential and nonresidential common areas, improvements or facilities required by this chapter or any permit issued in accordance with its provisions, except that those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means the private roads and parking areas, landscape areas, water and sewer lines, drainage areas and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping or shading and/or required pursuant to an approved environmental permit must be replaced if they die, or are destroyed. Replacement of plant material pursuant to this division shall be permitted as an environmental permit pursuant to Article XX.

Pruning of vegetation, whether planted or naturally occurring, is a form of maintenance. The American National Standards Institute (ANSI) criteria for pruning shall apply to the practice of pruning within the city. The pruning of vegetation on residential use properties are not subject to the pruning standards below.

Deviations from the standards for pruning below shall be excessive pruning and determined to be a code violation. The planning and zoning board may impose fines; each tree determined to be subject to excessive pruning may be determined to be a separate violation, with a maximum fine of $250.00 for the first tree and a cumulative maximum fine of $2,000.00. In addition to the imposition of fines, a restoration plan pursuant to Section 17-226 may be required.

(1)

Pruning. Maintenance pruning of trees shall not be excessive. The pruning standards herein shall apply to nonresidential uses and common areas within residential uses.

a.

Crown reduction. Crown reduction of shade trees shall be prohibited until the tree canopy has reached a minimum of 15 feet in diameter, excluding the following:

1.

To remove limbs or foliage presenting a hazard or in conflict with a crime prevention program;

2.

To remove dead or diseased limbs;

3.

To reinforce strength of form, consistent with ANSI A-300 standards;

4.

In association with tree or palm relocation;

5.

For compliance with ADA standards for sidewalk access, provided that a minimum live crown ratio of 50 percent is maintained.

After a tree canopy reaches 15 feet in diameter, crown reduction shall only be permitted to address constraints such as power lines and structures or to remove dead or diseased limbs. Any crown reduction shall employ ANSI A300 standards.

b.

Pruning standards and requirements. Plant characteristics shall be reviewed during the approval process for landscape plans or environmental permit to reduce or eliminate conflicts with building design, signage, utilities and drainage. Trees shall be permitted to grow to the shape and size typical of their species throughout their life cycle.

The following general pruning standards and requirements shall apply. Pruning shall be performed under the supervision of an ISA Certified Arborist employing the most current ANSI A-300 standards.

1.

Hatracking, defined as one or more of the following actions, is prohibited.

(i)

Flat-cut or round over of the top or sides of a tree, severing the leader or leaders;

(ii)

Using internodal cuts to stub off mature wood larger than two inches in diameter; or

(iii)

Reduction of the total circumference of the tree canopy spread by one-third or more.

2.

Palm tree pruning shall be limited to the removal of dead fronds or seed pods, and green fronds below an angle of 90 degrees relative to the trunk.

3.

Removing lower branches to increase sight visibility from the underside of a tree canopy or to comply with ADA standards shall not exceed 12 feet from the ground level to the collar of the first limb and must maintain a minimum live crown ratio of 50 percent.

4.

Crown reduction shall be permitted only as described in subsection (1)a., above.

c.

Exceptions.

1.

Removal of dead or diseased limbs.

(Ord. No. 2013-529, § 4, 7-24-13)

Subdivisions are subject to a two-step approval process. Preliminary layout and physical improvements to the land to be subdivided are authorized by a conditional-use permit as provided in Part I of Article IV of this chapter, and sale of lots is permitted after final plat approval as provided in Section 17-57.

(a)

No person may subdivide his land except in accordance with all of the provisions of this chapter. In particular, no person may subdivide his land unless and until a final plat of the subdivision has been approved in accordance with the provisions of Section 17-58 and recorded in the public records of Clay County.

(b)

The clerk of the circuit court in and, for Clay County may not record a plat of any subdivision within the city's jurisdiction unless the plat has been approved in accordance with the provisions of this chapter.

(a)

The applicant shall submit to the administrator a final plat prepared in accordance with F.S. §§ 177.011—177.151. The following items must also be included:

(1)

Construction permit for required improvements.

(2)

Bonds. The applicant must file a performance bond or bonds executed by an approved corporate surety company in the amount of 115 percent of the estimated construction costs of all required improvements including landfill. Cost for construction shall be:

a.

Estimated by the project engineer, or

b.

Evidenced by a copy of the construction contract.

c.

The amount of the performance bond must be approved by the administrator. In lieu of a performance bond, improvements may be installed following conditional permit and construction permit approval. In cases where improvements are installed prior to recording, a maintenance bond shall be submitted.

(3)

Covenants. Any protective deed covenants to be placed on the property shall be notarized and in a form suitable for recording.

(4)

Title certificate. A certificate of ownership, signed by a licensed attorney at law or an abstract company, in a form approved by the city attorney and showing:

a.

That the parties executing the plat are all the owners and lien and interest holders of the land embraced by the plat.

b.

All mortgages, liens, or other encumbrances.

c.

That all city taxes and assessments are paid to date.

d.

Description of the plat is correct.

e.

That no conflicting rights-of-way, easements or plats exist.

f.

Service. letters from utility companies stating that all easements are adequate to service the proposed development.

(b)

The city council shall approve the proposed plat unless it finds that the plat or the proposed subdivision fails to comply with one or more requirements of this chapter or that the final plat differs substantially from the plans and specifications approved in conjunction with the conditional-use permit that authorized the development of the subdivision.

Approval of a final plat does not constitute acceptance by the city of the offer of dedication of any streets, sidewalks, parks or other public facilities shown on a plat. The city may, however, accept any such offer by majority vote or by actually exercising control over and maintaining such facilities. Occasional maintenance of a facility by the city, however, shall not necessarily constitute acceptance or ownership.

(a)

Whenever public facilities or improvements intended for dedication are installed, the developer shall post a maintenance bond or other sufficient surety to guarantee that he will correct all defects in such facilities or improvements that occur within two years after the offer of dedication is accepted.

(b)

A registered engineer retained by the developer (preferably the design engineer) shall certify to the city that all facilities and improvements to be dedicated to the city have been constructed in accordance with the requirements, of this chapter. This certification shall be a condition precedent to acceptance by the city of the offer of dedication of such facilities or improvements.

(c)

During the two year maintenance period the administrator department shall conduct periodic inspections.

(a)

(1)

Part I—Vacating of plats, rights-of-way and easements. The owners of any land subdivided into lots may petition the city council under the provisions of F.S. Chapter 177.101 to remove (vacate and abandon) the existing plat, or portion of a plat, from the official records of City of Keystone Heights and of Clay County. The applicant for vacating of a plat, or a part of a plat, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution, and shall pay the appropriate filing fee as established by the city council. Following review by the appropriate departments, the petition shall be acted upon by the city council. The applicant shall be responsible for recording the petition and the proof of publication with the clerk of the circuit court in and for Clay County.

(2)

The city council may, on its own motion, order the vacation and abandonment of all or any part of any subdivision within its jurisdiction. Such action may include the vacation of streets or other parcels, provided that:

a.

The subdivision plat was lawfully recorded not less than five years before date of such action by the city council; and

b.

No more than ten percent of the total subdivision or part thereof has been sold as lots by the original subdivider or his successor in title.

c.

Before acting on a proposal for vacation and abandonment of subdivided land, the city council shall hold a hearing, with due public notice (notice of intent).

(3)

No owner of any parcel of land in a subdivision shall be deprived by the vacation and abandonment of a plat, or a portion of a plat, of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has theretofore had access; provided, however, that such access remaining or provided after such vacation need not be identical as that theretofore existing, but shall be reasonably equivalent thereto.

(4)

In accordance with F.S. Chapter 336 roads, rights-of-way and easements may be vacated at a public hearing with proper publication of notice. The administrator shall have the authority and duty to promulgate and supply the necessary forms.

(b)

(1)

Part II—Replats and resubdivision. Substantially similar plats. If a platted area is proposed to be platted again and if the proposed plat is substantially similar in design, layout and concept to the original plat, as determined by the administrator and, if all lots, roads -and easements are in conformance, without variance, to this chapter or other appropriate standards, then only a final plat complying with the requirements of these regulations needs to be filed. The original plat or portion of plat of the parcel to be replatted must be vacated and abandoned in accordance with the procedures by F.S. Chapter 177 prior to final approval of the revised final plat by the city Council.

(2)

Corrective plats. In the event an appreciable error or omission in the data shown on any plat duly recorded under the provisions of this article and F.S. Chapter 177 is detected by subsequent examination or revealed by a retracement of the lines during the original survey of the lands shown on such recorded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omission was made. However, the affidavit must state that he has made a resurvey of the subject property in the recorded subdivision within the last ten days and that no evidence existed on the ground that would conflict with the conditions as stated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that, in his opinion, should be substituted for the erroneous data shown on such plat or added to the data on such plat. Said affidavit shall be filed and recorded in accordance with F.S. Chapter 177.