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Lynn Haven City Zoning Code

CHAPTER 10

ADMINISTRATIVE PROCEDURES

10.01.00 - APPLICATION REQUIREMENTS

The table below summarizes the final decision-making authority for the issuance of development permits and local development orders.

Table 10.01.00. Types of Applications and Responsible Parties for Final Review and Decision-Making.

Party Responsible for Final Review and Decision-Making

Type of Application City
Manager 		City
Commission
Local Development
Orders 		Site plan for development, with or without supplemental standards X
Preliminary and final subdivision plats X
Minor subdivision plats X
PUD master plan and land use overlay 1
TND master plan and plan amendment 1 		X
Amendments to local development orders X
Development
Permits 		Tree Removal Permit X
Minor amendments to development permits X
Ordinances Large Scale Comprehensive Plan and FLUM Amendment X
Small Scale Development Amendment (FLUM) X
Amendment to the ULDC X

 

1 Both the TND and the PUD are processed as ordinances.

(Ord. No. 1023, § 1, 9-12-16)


10.06.00 - AMENDMENTS TO LOCAL DEVELOPMENT ORDERS

Any deviation or changes affecting conformity with this ULDC made in any plans prepared and to be used in construction without obtaining approval shall be grounds for revoking the building permit theretofore issued.


10.00.01 - Purpose and Intent

This chapter sets forth the procedures for receiving, reviewing, and rendering decisions on applications for development permits, local development orders, and amendments to this ULDC and to development permits and orders. Procedures for appealing decisions and seeking variation from the standards of this ULDC are set forth in Chapter 9. It is the City's intent that the procedures set forth in Chapter 10 shall be followed in order to seek approval for any development.

10.00.02 - Development Permits and Local Development Orders Required

A.

A development permit or local development order shall be required in conformance with the provisions of this ULDC prior to the commencement of any development activities.

B.

A development permit shall be required for the following activities:

1.

Land clearing or modification;

2.

Tree removal, and construction of any building or structure;

3.

Installation of utilities, streets, driveways, drainage systems, building systems (electrical, gas, mechanical, or plumbing), accessory structures; and

4.

Any other construction, reconstruction, site improvements, or modifications to the land or water on a site.

C.

A local development order shall be required prior to initiating construction for any of the activities authorized by the following:

1.

Final development plan for planned unit development (PUD);

2.

Final development plan for traditional neighborhood development (TND);

3.

Preliminary and final subdivision plats;

4.

Replat or reconfiguration;

5.

Site plan;

6.

Site plan for development subject to supplemental standards;

7.

A change of use to food service uses, medical uses, uses that require an increase in parking spaces, or uses that require concurrency review; and

8.

Development orders for developments of regional impact as defined in Section 380.06, F.S.

D.

No development permit shall be approved unless all required local development orders necessary to the development activity proposed in the development permit application have first been approved.

E.

Any person who commences any work on land, a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary permits shall be subject to a penalty of one hundred (100) percent of the usual permit fee in addition to the required permit fees. In addition to the double fee, the City may impose a penalty' of up to two thousand five hundred dollars ($2,500.00). This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee or penalty shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.

(Ord. No. 1033, § 3, 6-13-17; Ord. No. 1075, § 5, 4-23-19Ord. No. 1144, § 1, 2-14-23; Ord. No. 1166, § 4(Exh. D), 8-27-24)

10.00.03 - Exemptions

See Section 1.03.02 for a list of activities that are exempt from the requirement to obtain a local development order prior to submission of an application for a development permit. The following activities are subject to specific requirements:

A.

Stormwater management plan requirements as set forth in Section 6.04.02(C); and

B.

Tree removal permits as set forth in Section 4.06.00.

10.00.04 - Commencement of Work and Expiration of Development Permits and Local Development Orders

A.

Commencement of work based on a development permit or a local development order shall be initiated within one (1) year from the date the order is issued.

B.

The development permit or a local development order shall expire if work does not commence within one (1) year from the date of issuance. Prior to the expiration of one (1) year from the date of issuance, the applicant may apply to the City to extend the development permit or local development order for one (1) additional year under existing regulations, development standards, performance standards, definitions, development criteria, or any provision of the ULDC in place at the time the development permit or local development order was issued.

C.

Where a project is initiated under the development permit or a local development order, it may continue as long as the building and inspection process continues.

D.

Where activity toward completion of a project under a development permit or a local development order ceases for a period exceeding six (6) months, the development permit or local development order shall be considered void. No further activity shall be undertaken until a new permit is issued.

E.

Any extensions of a development permit or local development order beyond the term or extension provided in subparagraph B, above, must comply with the regulations, development standards, performance standards, definitions, development criteria, or any provision of the ULDC in place at the time the development permit or local development order extension is approved.

(Ord. No. 1146, § 1, 2-14-23)

10.00.05 - Fees Required

A.

All appropriate fees shall be paid at the time an application for development review is submitted.

B.

No portion of the appropriate fee shall be refunded whether the request is withdrawn by the applicant or denied or granted by the City.

C.

Permit fees shall reflect the cost of administration and management of the permitting process.

D.

The fee schedule may be amended from time to time by the City Commission.

E.

The City Commission shall establish a prorated fee schedule, specific to storm water management plans, based upon the relative complexity of the project.

10.00.06 - Fees for Independent Review of Applications

The City is authorized to enter into a contract with persons who have expertise necessary for the review of an application or a specific technical aspect of an application. The costs of such review shall be paid by the applicant.

10.00.07 - Certificate of Occupancy

A certificate of occupancy is the only demonstration that the use and occupancy of land or buildings are in compliance with the requirements of this ULDC. A certificate of occupancy shall be received by the property owner prior to the use or occupancy of land or buildings. When a change of use occurs, as set forth in Section 10.00.02(C)(7), a new certificate of occupancy shall be required. This section shall not be construed to apply to the transfer of ownership or the change of occupants, except as provided in Section 10.00.02(C)(7).

10.01.01 - Pre-application Conference

A.

A pre-application conference may be requested by any person proposing development within the City of Lynn Haven. A pre-application meeting to review City requirements is encouraged but not required.

B.

The pre-application conference shall be scheduled with the Technical Review Committee (TRC) to occur at the next regular meeting date of the TRC.

10.01.02 - General Requirements for all Applications

All applications for a development permit or a local development order shall be made to the City Manager on forms furnished by the City. All development applications shall contain, at a minimum, the information shown in Table 10.01.02.

Table 10.01.02. General Development Application Submittal Requirements.

Requirements
A. Name, address, and phone number of the owner.
B. Name, address, and phone number of the agent, if applicable.
C. A legal description of the land to be occupied by such construction, including dimensions of the lot.
D. Survey.
E. Appropriate fee or fees as established by the City.
F. Proof of ownership for all lands within the proposed project or use.
G. A vicinity sketch showing existing land uses, future land use map designations, public facilities, streets and roads, north point, scale, and date. The sketch shall be referenced to easily recognizable physical features.

 

(Ord. No. 916, § 2, 5-26-09; Ord. No. 1075, § 5, 4-23-19; Ord. No. 1166, § 4(Exh. D), 8-27-24)

10.01.03 - Application for Local Development Orders

An application for a local development order shall include, but may not be limited to, the following:

Table 10.01.03. Submittal Requirements for Applications for Local Development Orders.

Requirements
A Requirements listed in Section 10.01.02.
B Site plan drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, utilities and the location of such items.
C Engineering calculations, including traffic calculations and the requirements for a Stormwater Management Plan.
D Third party permits, as applicable (FDEP, FDOT, USACOE, County).
E Tree survey and landscape plan (Section 4.06.00).
F Concurrency calculations (Section 6.01.02).
G Erosion control.
H For new construction, include drawings to scale or dimensions shown for the following plans, including specifications:
1. Floor plan;
2. Front, side, and rear elevation plans;
3. Utility plan; and
4. Wetlands locations.

 

10.01.04 - Application for Development Permits

All development activity shall require issuance of a permit by the City. Each development permit shall include the following information:

A.

Tree removal permit Permit applications for the removal, relocation, alteration, or replacement of trees as regulated in Section 4.06.05 shall be submitted as part of development plans for subdivisions, PUD and TND master plans, and site plans. A separate application for a permit is required only where the tree removal or site clearing is separate from any other development activity.

1.

The application shall include a written statement indicating the reasons for the requested action and the following:

a.

Location of all existing or proposed structures, improvements, and site uses, properly dimensioned in reference to property lines, setback, and yard requirements in spatial relationship;

b.

Proposed changes, if any, in site elevations, grades and major contours;

c.

Location of existing proposed utility services;

d.

Location and identification of all trees (common or botanical name) which are a minimum of eight (8) inches in diameter measured at DBH on the site within thirty (30) feet of the buildable area, designating the trees to be retained, altered, removed, relocated, or replaced. Smaller trees to be retained may also be shown by the applicant to assist the City Manager in determining replacement requirements. Groups of trees in close proximity may be designated as "clumps," "forests," or "dense tree cover" with the estimated number and type of trees noted. Only those trees to be removed, altered, relocated, or replaced shall be named (common or botanical name) on the site plan;

e.

Tree information required in Section 10.01.04(A)(1)(d) shall be summarized in legible form on the plan and shall include the reason for the proposed alteration, removal, relocation, or replacement;

f.

Applications involving developed properties may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping on natural growth incidental thereto; and

g.

For trees that are to be saved or retained, include a statement of how these tree areas are to be protected during construction and landscaping operations.

10.01.05 - Submittal Requirements for Site Plans, with or without Supplemental Standards

A.

All commercial, industrial, and multi-family site plans shall be submitted in compliance with the requirements of Section 10.01.03.

B.

Additional plans, documents, or reports that are necessary to support the application shall be submitted. Such plans, documents, or reports shall include, but are not limited to, parking studies or environmental impact studies. Requirements for parking studies are set forth in Section 6.05.13. Requirements for environmental impact studies are set forth by regional, state, and federal agencies with jurisdiction and in Chapter 3 of this ULDC.

10.01.06 - Submittal Requirements for PUD and TND Master Plans

A.

An application for concept plan approval shall be filed along with an application to amend the Future Land Use Map.

B.

The proposed amendment to the Future Land Use Map shall be processed as required by State law.

C.

The master plan for either a PUD or a TND shall be submitted as shown in Table 10.01.06(C). A complete master plan consists of a concept plan, a preliminary development plan, and a final development plan. See Section 10.06.00 regarding requirements for amendments to development orders, including master plans for PUDs and TNDs.

Table 10.01.06(C). PUD and TND Master Plan Submittal Requirements.

1 Concept Plan
Prior to submitting a formal application for development plan approval, the developer shall submit a concept plan to the TRC to include:
a. A legal description of the parcel;
b. An area map showing adjacent property owners and existing uses within 300 feet of the parcel; and
c. A sketch plan drawn approximately to scale, showing the proposed use, conceptual design and layout of buildings, proposed vehicle and pedestrian rights-of-way and open space areas.
2 Preliminary Development Plans
The applicant shall present the preliminary development plan, along with the appropriate fee, to the City Manager. Maps and graphic illustrations shall be drawn at the required scale. The application shall include the information set forth in Section 10.01.03 as well as the following information in written and graphic form:
a. A discussion of the compatible relationship of the proposed development to the planned unit or traditional neighborhood development concept and adjacent land uses;
b. A description of the physical characteristics of the proposed development, including total acreage, number of dwelling units, dwelling unit density by land use category, impervious surface ratios, minimum dimensional standards, lot size, yard and spacing requirements, and amount and location of common open space;
c. Agreements, provisions, covenants, and other assurances governing the ownership, development, use, maintenance, and protection of all areas of the proposed development;
d. A general statement of the proposed development schedule;
e. A preliminary development plan showing the location, proposed use and height of all buildings; the quantity of each proposed use; the location of all parking and loading areas, with ingress and egress drives thereto; the location and proposed development of all common open spaces; the location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; the location and size of all signs; and the location and design of street parking lighting, landscaping and buffers;
f. The location and availability of all utilities and the location of easements;
g. A map or transparent overlay showing existing topographical contours of the proposed project; and
h. General architectural features and the appearance of all building types.
3 Final Development Plans
The final development plan shall be in basic compliance with the preliminary development plan and conform to all the conditions as adopted by the City Commission and provisions of this ULDC. The final development plan shall be submitted as required by the City for recording. The final development plan shall include the following information:
1. A statement of the number of acres, dwelling units, and net density by type of land use, including minimum standards proposed for floor area, lot size, and yard and spacing requirements;
2. A specific statement of the development schedule;
3. A detailed statement of agreements, provisions, and covenants which govern the ownership, development, use, maintenance, and protection of the development in any common or open space;
4. A brief summary indicating the total acreage of the project; the total acreage in residential use, commercial use, common open space, recreational area, parking lots and access ways; and the number of dwelling unit density;
5. Definitive maps and other graphic illustrations:
i. The location and name of existing and proposed streets and the location of pedestrian walkways and bicycle paths;
ii. The location, size and type of all buffers;
iii. The location and dimensions of all easements;
iv. The location and dimensions of all lots;
v. A complete engineering plan for all utilities and drainage;
vi. The location of all buildings, structures, facilities and amenities, including parking lots and access ways in the project;
vii. The location of off-street parking and loading facilities; and
viii. The location and use of existing and proposed public, semipublic or community facilities, including areas proposed to be dedicated or reserved for community or public use.
5. A definitive drawing showing general architectural features and the appearance of representative building types; and
6. A phasing plan, if proposed.

 

10.01.07 - Submittal Requirements for Stormwater Management Plans

Stormwater Management Plan submittal requirements are set forth in Section 6.04.04.

10.01.08 - Submittal Requirements for Preliminary Subdivision Plats

Preliminary plat submittal shall address the following items:

A.

The construction plans shall be submitted to the City Manager according to the established schedule.

B.

An application containing the information required by Section 10.01.03.

C.

Payment to the City for all legal fees, advertisement, and engineering fees anticipated by the City Manager to be charged to the City for payment of legal, advertisement, and engineering services to be performed as a result of plat approval and construction of the subdivision.

1.

The City Manager shall ascertain the anticipated legal and engineering fees after consulting with the City Attorney and the City Engineer.

2.

If the legal, advertisement, or engineering fees collected by the City are in excess of those actually charged the City, the subdivider shall be entitled to a refund of the excess fee.

3.

If the legal, advertisement, or engineering fees collected by the City are insufficient to pay those actually charged the City, the subdivider shall pay the deficiency to the City upon written request of the City Manager.

D.

Draft protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development. Such covenants shall be consistent with and conforming to the goals, objectives and policies of the Comprehensive Plan, if applicable.

E.

A draft of any agreements for services which the developer wishes to enter into with the City.

F.

The preliminary plat shall comply with the requirements set forth in Table 10.01.08(F).

Table 10.01.08(F). Preliminary Plat Requirements.

Requirements
Preliminary plats shall be drawn to scale and shall include the following:
1 The name of the proposed subdivision which shall not duplicate or closely approximate the name of any other subdivision in the City.
2 Certification of registered civil engineer and the land surveyor who prepared the plat.
3 Legal description of the property, which is so complete that from it, without reference to the plat, the starting point and boundary can be determined. The description should reference the section-township-range as applicable. If in a land grant, the plat will so state that fact. The initial point in the description shall be to the nearest government corner or other recorded and well established corner. Section lines and forty-(40) acre section lines occurring in the platted land shall be indicated by lines drawn upon the plat with appropriate words and figures.
4 A vicinity sketch drawn to scale showing all adjacent existing subdivisions and their names, the tract lines of acreage parcels of land, and all street and alley lines immediately adjoining the proposed subdivision, and between it and the nearest highway or thoroughfares. The sketch shall be referenced to easily recognizable physical features.
5 The boundary lines, accurate in scale, of the tract to be subdivided. Recording or survey discrepancies of adjoining or referenced tracts are to be shown in detail.
6 The location, widths, and names of all existing or platted streets or roads and all easements within and immediately adjacent to the tract and other important features such as watercourses, railroad lines, etc.
7 Existing sewers, water mains, culverts with pipe sizes, other underground structures and utilities within and immediately adjacent to the tract.
8 The names and recording date (plat book and page) of adjoining subdivisions.
9 Contours with intervals of one (1) foot, or as needed for clarity, referenced to USGS NGVD Datum.
10 The layout and widths of proposed streets and easements and the lot lines, lot numbers and block numbers or proposed lots.
11 Proposed front yard building setback and all other setback lines.
12 All parcels of land intended to be dedicated to or reserved for public use; to be reserved in the deeds for the common use of property owners in the subdivision, or to be reserved for the common ownership of property owners in the subdivision; with the purposes, conditions, or limitations of such dedication or reservation indicated.
13 Borings with existing and maximum water table elevations at least every 500 feet along roadway.
14 Postal addresses will be obtained from the City Manager.
15 Location of sites, if any, for multi-family dwellings, shopping centers, banks, offices, hospitals, cemeteries, recreational areas, churches, industry, or other nonpublic uses exclusive of single-family dwellings.
16 Site data, including number of residential lots, typical lot size, and acres in parks, etc.

 

G.

Improvement plans shall be submitted along with the preliminary plat and shall include the information set forth in Table 10.01.08(G).

Table 10.01.08(G). Requirements for Improvement Plans.

Requirements
1 Plans and profiles of each proposed street and sidewalk at a horizontal scale of fifty (50) feet or less to the inch and vertical scale of five (5) feet or less to the inch, with tentative grades indicated; including plans and profiles or proposed sanitary sewers, also stormwater sewers, if required, with grades and sizes indicated.
2 Typical cross sections of each proposed street and sidewalk, including private streets, at a horizontal and vertical scale of five (5) feet or less to the inch, showing the width of pavement, the location and width of sidewalks when installed, and the location of the utility main.
3 A complete grading plan.
4 A minimum of two (2) benchmarks, not more than 1,500 feet apart. Benchmarks shall not be required at closer intervals than 600 feet.
5 Drainage plans and calculations in compliance with the stormwater level of service standard in the Comprehensive Plan. The plans shall include all necessary calculations and documentation demonstrating the adequacy of the proposed facilities. Proof of compliance with the rules and regulations of state and federal regulatory agencies shall be submitted with the improvements plan.
6 Construction plans of all water, sewage, pumping, and treatment systems shall include a layout of piping system detailing line size, material, and what the line is carrying.
a. Mechanical plans for water and sewage pumping stations and water and sewage treatment plants shall, as a minimum, include a plan of the facilities in two sections.
b. Electrical plans shall include wiring routes and a line diagram and any control system diagrams.
c. Structural plans, where necessary, shall include foundation plans, detail of concrete steel, and slab and wall thicknesses.
d. Plans of sewer package plant, if applicable, shall include landscaping and physical buffering to include security.

 

10.01.09 - Submittal Requirements for Final Plats

The final plat shall incorporate all changes, modifications, and revisions required; otherwise it shall conform to the approved preliminary plat.

A.

The final plat shall be drawn in compliance with State law and City requirements.

B.

The developer shall submit a written application, appropriate fees as established by the City Commission, and the final plat which complies with Chapter 177, F.S. no later than one (1) year after the date of approval of the preliminary plat, or it will be considered void unless an extension is requested by the subdivider and granted in writing by the City Commission.

C.

Protective covenants, if proposed, in a form for recording.

D.

Other certificates, affidavits, endorsements, or deductions as may be required by the City in the enforcement of these regulations.

E.

The final plat shall comply with the provisions set forth in Table 10.01.09(E).

F.

A minor subdivision meeting the requirements of Section 4.03.05 shall submit the items marked by *.

Table 10.01.09(E). Final Plat Requirements.

Requirements
1* Primary control points, approved by the City, or descriptions and "ties" to show control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.
2* Tract boundary lines, rights-of-way lines of streets, easements, and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves.
3* Name and right-of-way width of each street or other right-of-way.
4* Location, dimensions, and purpose of any easement.
5* Number to identify each lot or site. Postal addresses as assigned by the City shall be indicated on each lot.
6 Purpose for which sites, other than residential lots, are dedicated or reserved.
7* Minimum building setback lines on all lots and other sites.
8* Location and description of monuments.
9 Names or record owners of adjoining unplatted land.
10 References to recorded subdivision plats of adjoining platted land by record name, date, and number.
11* Certification by licensed surveyor certifying to the accuracy of the survey and plat.
12* Certification of title showing that the applicant is the landowner.
13 Statements by the owner dedicating streets, rights-of-way and any sites for public use.
14* Title, scale, north arrow, and date.
15 Location and size of proposed sanitary sewer lines, water mains, and package sewage plants.
16* Maximum high water level where platted areas abut on, or contain lakes, rivers, or permanent ponding basins.

 

10.01.10 - Submittal Requirements for Comprehensive Plan Amendments and Amendments to the ULDC

In addition to the information required in Section 10.01.02, all applications for amendments to the Comprehensive Plan or this ULDC shall include the information set forth in this section.

A.

A description of the proposed amendment, with specific citations to the Comprehensive Plan or ULDC sections proposed for amendment. Where the proposed amendment is only to the Future Land Use Map, the application shall describe the existing and proposed Future Land Use Map categories.

B.

Supporting information to fully justify the proposed amendment.

C.

For amendments to the Comprehensive Plan, documentation of anticipated impacts and any proposed mitigation of such impacts.

D.

A detailed statement describing consistency of the proposed amendment with the Comprehensive Plan.

10.02.01 - Generally

A.

Notice shall be required for the following types of applications:

1.

Amendments to the Comprehensive Plan;

2.

Amendments to this ULDC;

3.

Sites plans;

4.

Variances;

5.

Administrative appeals;

6.

PUD and TND final development plans; and

7.

Preliminary or final subdivision plats.

B.

Notices for amendments to the Comprehensive Plan and amendments to this ULDC shall comply with the requirements of State law.

C.

All required notices shall contain the following information:

1.

The name of the applicant.

2.

The location of the property for which development approval is sought.

3.

The nature of the approval sought by the applicant.

4.

The date, time, and place of any applicable public hearings on the application.

D.

Except as required in Section 10.02.01(B), notice shall be provided a minimum of fifteen (15) days before the applicable public hearing.

10.02.02 - Posted Notice Requirements

The property that is identified in the application the following notices shall be posted as to the proposed change or development.

A.

The sign shall be located in a manner to ensure that it is clearly visible on each portion of the subject property that fronts on a roadway.

1.

The sign and notice shall contain the information set forth in Section 10.02.01(C).

2.

Failure to place, maintain, or replace the sign shall not affect the jurisdiction of the reviewing board or decision-making entity to consider the application or the validity of any resulting decision.

B.

The City shall post a notice in a conspicuous place at City Hall.

10.02.03 - Mailed Notice Requirements

Notice for public hearings for variances and establishment or amendment of overlay district boundaries shall be mailed to abutting property owners within 100 feet of the subject property. Such mailed notice shall be completed by the applicant and proof of such notice shall be provided to the City, prior to the public hearing, in the form of an affidavit or certificate of mailing from the Post Office.

10.02.04 - Published Notice Requirements

A.

The City shall publish a notice in a newspaper of general circulation in Bay County.

B.

The notice shall contain the information set forth in Section 10.02.01.

C.

The notice shall comply with all requirements of State law regarding size and placement in the newspaper.

D.

The costs of publishing such notice shall be paid by the applicant. Payment of such costs shall be made prior to scheduling any required public hearing.

10.03.01 - Review and Compliance Report by TRC

A.

Preliminary plat review

1.

The TRC will review the preliminary plat and prepare a report documenting the compliance of the application and preliminary plat with the standards and criteria of this ULDC.

2.

Following receipt of the TRC report, the City Manager shall submit the preliminary plat, the application, and the compliance report to the Planning Commission, with a recommendation for approval, denial, or revisions of the preliminary plat.

3.

The application, supporting materials, and the recommendation of the Planning Commission shall be forwarded to the City Commission for action.

B.

Alternative preliminary plat review for plats of three (3) to fifty (50) lots

1.

Instead of the procedure in Section 10.03.01 (A), following receipt of the TRC report, the City Manager may submit the preliminary plat, the application, and the compliance report directly to the City Commission for action, with a recommendation for approval, denial, or revisions of the preliminary plat, provided the development does not impact the Capital Improvements Element.

2.

The City Manager will determine the development does not impact the Capital Improvements Element when:

a.

Strategies to rectify lack of concurrency implemented in Section 6.01.05 are not required and

b.

Proportionate Fair-Share Transportation Mitigation implemented in Section 6.01.06 is not required.

c.

Final plat review

1.

The TRC shall review the final plat (except for minor subdivisions) and prepare a compliance report to document the consistency of the final plat with the preliminary plat and with the requirements of this ULDC. The City Manager or designee shall review minor subdivisions for compliance with the requirements of this ULDC and shall approve or deny the same in writing.

2.

The City Manager shall submit the final plat, the application, and the compliance report to the Planning Commission with a recommendation for approval, denial, or approval with conditions.

3.

The application, supporting materials, and the recommendation of the Planning Commission shall be forwarded to the City Commission for action.

4.

The TRC shall review a final plat for a minor subdivision and prepare a compliance report to document the consistency of the final plat with the requirements of this ULDC. The TRC shall approve, approve with conditions, or deny the final plat for a minor subdivision.

C.

PUD and TND master plan review

1.

The TRC shall meet with the applicant to review the concept plan prior to consideration of a preliminary development plan.

2.

For plats of three (3) to fifty (50) lots, the City Manager shall submit the final plat, the application, and the compliance report to the City Commission with a recommendation for approval, denial, or approval with conditions.

3.

For plats greater than 50, the City Manager shall submit the final plat, the application, and the compliance report to the Planning Commission with a recommendation for approval, denial, or approval with conditions. The application, supporting materials, and the recommendation of the Planning Commission shall be forwarded to the City Commission for action.

4.

Deleted by Ord. No. 1023.

5.

The TRC shall review a final plat for a minor subdivision and prepare a compliance report to document the consistency of the final plat with the requirements of this ULDC. The TRC shall approve, approve with conditions, or deny the final plat for a minor subdivision.

D.

PUD and TND master plan review

E.

Site plan review, with or without supplemental standards

1.

The TRC shall review site plans for compliance with the applicable standards set forth in the ULDC and prepare a report documenting its findings.

2.

When the site plan does not comply with the requirements of the ULDC, the applicant may provide additional information or resubmit a revised site plan. The TRC shall review the revised plan at its next regular meeting and prepare a revised compliance report.

3.

The TRC shall forward the compliance report, with recommendations of the TRC for approval, denial, or approval with conditions, to the Planning Commission for review at the next available meeting.

4.

The application, supporting materials, and the recommendation of the Planning Commission shall be forwarded to the City Commission for action.

(Ord. No. 882, § 1, 8-14-07; Ord. No. 1023, § 1, 9-12-16)

10.03.02 - Procedures for Action by the Community Redevelopment Agency (CRA)

A.

The CRA shall hold a public hearing on matters pertaining to an application within the Community Redevelopment Area.

B.

The CRA shall recommend approval, approval with conditions, or denial of the application to the City Commission. The City Commission may take action on the same application during the regular meeting at which the CRA hears and recommends an action.

10.03.03 - Procedures for Action by the Planning Commission

A.

Compliance reports submitted to the Planning Commission shall contain proposed findings regarding consistency of the application with the goals, objectives, and policies of the Comprehensive Plan and with the requirements of the ULDC.

B.

Review of preliminary subdivision plats reviewed according to Section 10.03.01(A).

C.

Review of final subdivision plats reviewed according to Section 10.03.01(A).

D.

Review of PUD and TND master plans shall be in compliance with the requirements set forth in the ULDC.

1.

Preliminary development plan review

a.

The Planning Commission shall consider the proposed preliminary development plan at a public hearing.

b.

Following the public hearing, the Planning Commission shall forward the preliminary plan and application to the City Commission with a recommendation to approve, approve with conditions, or deny the preliminary development plan.

2.

Final development plan review

a.

The Planning Commission shall consider the proposed final development plan at a public hearing.

b.

Following the public hearing, the Planning Commission shall forward the final development plan and application to the City Commission with a recommendation to approve, approve with conditions, or deny the preliminary development plan.

E.

Site plan review, with or without supplemental standards

1.

The Planning Commission shall hold a public hearing to review the site plan application.

2.

The Planning Commission shall vote to recommend approval, approval with conditions, or deny the application and shall forward the plan and recommendation to the City Commission for final action.

(Ord. No. 882, § 1, 8-14-07)

10.03.04 - Procedures for Action by the City Commission

A.

Preliminary plat review

1.

The City Commission shall hold a public hearing on the preliminary plat according to the published schedule.

2.

After receiving the City Manager's recommendation for subdivisions reviewed according to Section 10.03.01(B) or the Planning Commission's recommendations, the City Commission shall act to approve or deny the preliminary plat.

3.

The City Commission may require modifications, changes, and revisions of the plat as it deems necessary to protect the health, safety, morals, comfort, convenience, and general welfare of the community.

4.

If the preliminary plat is not approved by the City Commission, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant within fifteen (15) days.

B.

Final plat review

1.

The City Commission shall take action on the final plat at a public meeting according to the published schedule.

2.

If the plat is approved, the City Commission shall sign the plat, and the subdivider shall then record it with the County within thirty (30) days or the approved plat shall be considered void.

3.

The subdivider shall, immediately upon recording, furnish the City Manager with a reproducible copy, original linen or Mylar, of the recorded plat and two (2) prints. Failure to furnish such copies shall be grounds for refusal to issue building permits for the lots within the plat.

C.

Minor subdivision review

1.

If the City Manager or designee approves the minor subdivision, the mayor shall sign the minor subdivision, and the subdivider shall then record it with the County within thirty (30) days or the approved plat shall be considered void.

2.

The subdivider shall, immediately upon recording, furnish the City Manager with a copy. Failure to furnish such copies shall be grounds for refusal to issue building permits for the lots within the plat.

D.

PUD/TND final development plan review The City Commission shall consider the proposed final development plan at a public hearing according to the published schedule. The City Commission shall approve, deny, or approve with conditions the final development plan.

E.

Site plan review, with or without supplemental standards The City Commission shall hold a public hearing to review the site plan application and take action to approve, approve with conditions, or deny the application.

(Ord. No. 882, § 1, 8-14-07; Ord. No. 1023, § 1, 9-12-16)

10.04.01 - Generally

A.

A quasi-judicial hearing shall be scheduled when all required reports and procedures have been completed. A quasi-judicial hearing shall not be scheduled until an applicant has paid all outstanding amounts.

B.

A quorum of the decision-making entity shall be present.

10.04.02 - Conduct

of hearings

A.

The hearing shall be conducted in a manner to protect the due process rights of the applicant and affected parties.

B.

All testimony presented by the applicant, any affected party, any witness for a party, or the staff (other than legal advice given by the City attorney) shall be given under oath.

C.

The applicant, any affected party, and the staff may cross-examine any person presenting information at the hearing.

D.

An electronic record shall be made of the hearing.

E.

Members of the general public may provide comment during the hearing. If a member of the general public desires his or her testimony to be considered as potential competent substantial evidence, such person shall be placed under oath and subject to cross-examination.

F.

The decision-making entity may question the applicant, other parties, witnesses, and the City staff at any time during the hearing.

G.

The decision-making entity shall approve, approve with conditions, or deny the matters under consideration. The decision shall be based upon competent substantial evidence presented during the hearing.

H.

The decision-making entity shall enter a written order which contains findings of fact and conclusions of law in support of its decision.

I.

The decision-making entity's written order shall be transmitted and filed with the City Clerk as part of the official records of the City.

10.04.03 - When Required

Quasi-judicial hearings shall be required for review of the following applications:

A.

PUD and TND preliminary and final development plans;

B.

Site plans with or without supplemental standards; and

C.

Preliminary plats.

10.04.04 - Procedures Regarding Ex Parte Communication

A.

A member of a decision-making entity shall not willfully participate in an ex parte communication regarding a pending application.

B.

All ex parte communications are presumed prejudicial, unless the approximate date and general substance of the ex parte communication is disclosed at the beginning of the quasi-judicial hearing at which the decision-making entity considers the pending application.

C.

The City may rebut the presumption of prejudice by demonstrating the absence of any actual prejudice to any party challenging the validity of a decision-making entity's decision on the basis of ex parte communications.

10.04.05 - Order of Presentations

The following order of presentation shall be followed:

A.

Presentation by the City Manager of a compliance report regarding the pending application.

B.

Presentation by the applicant of evidence supporting the application. The applicant shall bear the burden of demonstrating that the application should be granted.

C.

An affected party is entitled to present evidence opposing the application.

D.

Public comment.

E.

Rebuttal by the City Manager, any affected party, and the applicant.

F.

Conclusion of the evidentiary portion of the hearing.

G.

Closing arguments by the City Manager, any affected party, and the applicant.

H.

Deliberation by the decision-making entity.

10.05.01 - Compliance with Development Permits and Local Development Orders

Prior to the consideration of the final subdivision plat, final PUD development plan, or TND development plan by the City Commission, the person desiring such approval shall have completed all the necessary improvements in accordance with City specifications.

10.05.02 - Improvement Agreements, Guarantees, and Sureties

In lieu of the immediate installation of the required improvements, the developer may do one of the following:

A.

File an irrevocable letter of credit conditioned to secure the construction of the required improvements in a satisfactory manner and within a time period specified by the City Commission, such period not to exceed one (1) year. The irrevocable letter of credit shall be executed by a surety company authorized to do business in the state and having a resident agent in the City. No such letter of credit shall be accepted unless it is enforceable by or payable to the City in a sum equal to the cost of constructing the improvements as estimated by the City Manager and unless its form, the surety thereon and the conditions thereof are approved by the City attorney.

B.

Deposit with the City or place in escrow cash, an irrevocable letter of credit, a cashier's check, or a certified check in amount equal to the cost of constructing the improvements as estimated by the City Engineer. The City Manager may release portions of this security deposit as the work progresses to his satisfaction. The City Manager shall require that the amount on deposit shall always be equal to or exceed the estimated cost of completing the improvements. Upon the City's acceptance of the improvements, the developer shall post a one (1) year maintenance bond or irrevocable letter of credit. The amount of the maintenance bond shall be determined by the City Manager, based on the cost of construction of the improvements. When all improvements have been made and accepted, the amount of the maintenance bond/irrevocable letter of credit will normally be ten percent of the amount of the improvements.

10.06.01 - Amendments Required

Changes to an approved local development order, as defined below, shall require specific approval of an amendment to a site plan, PUD master plan, TND master plan, or subdivision plat. The approval of an amendment shall follow the same procedure as the original approval. All applications shall demonstrate compliance with the required standards set forth in this ULDC. The following situations shall require consideration of an amended local development order:

A.

A proposed increase in the amount of approved impervious surface of five (5) percent or more;

B.

A proposed increase in the approved density of development (may also require an amendment to the Comprehensive Plan);

C.

A proposed decrease in the approved open space of five (5) percent or more;

D.

A modification in the approved design concept, such as a substantial change in relationships among land uses, addition of a land use category not in the approved site plan or PUD or TND master plan, a substantial change in traffic pattern or points of ingress or egress;

E.

A modification in building location that affects required setbacks;

F.

A modification to the number of city required parking spaces;

G.

A modification in the landscaping or buffering that changes the approved dimensions of the buffer or the number of plants.

(Ord. No. 905, § 1(Exh. A), 6-24-08)

10.07.01 - Generally

A.

Any development activity that is commenced without prior approval of a stormwater management plan or is conducted contrary to an approved stormwater management plan, as required by this ULDC, shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.

B.

Any violation of any of the provisions of a development permit or local development order shall constitute a violation of this ULDC.

10.07.02 - Responsibility for Enforcement

The Building Official shall issue building permits and certificates of occupancy, inspect buildings and premises with reference to compliance with this ULDC, and generally enforce the provisions of this ULDC.

10.07.03 - Code Enforcement Procedures

All code enforcement activities and procedures shall be carried out as set forth in the City Code of Ordinances.