Application for multifamily dwellings with four or more dwelling units or hotel, motel, motor lodge structures, and all commercial and mixed occupancy development shall require the submission of a site development plan by a state registered architect or engineer. This plan will show all existing structures, roadways, path-walks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries, all relevant information concerning the proposed development as outlined in section 110-71. No certificate of occupancy shall be issued for any such building or buildings, unless all facilities included in the site plan have been provided in accordance therewith. No application for a site plan review shall be considered, nor shall any certificate of occupancy be issued, until the applicant has paid in full any outstanding charges, fees, interest, fines or penalties owed to the city by the applicant or the owner or possessor of the property under any section of the Code.

(Code 1983, § 20-604(A); Ord. No. 974, § 3, 9-24-02)

Approved site plans will remain valid for a period of one year from the later of:

(1)

Date of site plan approval when no other activity is commenced on subject property; or

(2)

Date when any building permit is issued when no other activity is commenced on the subject property.

The city requires the developer to resubmit the entire plan annually, until construction begins, to ensure compliance with current building requirements, current land development regulations or changed site conditions.

(Code 1983, § 20-604(B); Ord. No. 974, § 3, 9-24-02)

All items on the site plan including, but not limited to structures, fencing, landscaping, traffic access ways, parking, open space or recreation space, as specified by the site plan review, shall be maintained in accordance with the site plan. Failure to maintain the property in accordance with the approved site plan shall be considered a violation of the land development regulations and subject to section 82-5.

(Code 1983, § 20-513; Ord. No. 974, § 3, 9-24-02)

The applicant shall provide for reimbursement of all expenses incurred by the city, deemed necessary by the city manager or his/her designee, to review and process a site plan review.

Expenses may include, but are not limited to any technical, engineering, planning, landscaping, surveying, legal or architectural services, and advertising.

Within 30 days of the date of receipt of any invoice for such services, the applicant shall reimburse the city for such costs. Failure by the applicant to make such reimbursement when due shall delay the release of a development permit until paid.

(Ord. No. 1072, § 4, 3-28-06)

The purpose of this division is to promote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form, to ensure compatibility with surrounding uses and proper integration into the urban pattern. Development plan review is intended to permit maximum flexibility in reviewing each plan on its merits and encourage variety and innovation within the intent and purpose specified for each zoning district and the minimum requirements specified in the Code of Ordinances.

(Ord. No. 2018-05, § 1, 7-11-18)

(a)

This division sets forth the application and review procedures required for obtaining development orders and certain types of permits. Development activity may be undertaken only when the activity is authorized by a final development order and any required development permits are issued by the city. A final development order shall be issued only when all applicable procedures, inspections, and reviews have been completed as provided in this chapter.

(b)

Development orders are transferable. However, so long as the land or structure or any portion thereof covered under the site development order continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the site development order) may make use of the land except in accordance with the conditions and requirements of the site development order. The provisions of the site development order run with and burden the real property to which it relates until release or amended in accordance with formal action of the city.

(Ord. No. 2018-05, § 1, 7-11-18)

All development shall require minor, intermediate, or major development review in accordance with the thresholds set forth in the table below. Any development activity below the thresholds identified for rapid review shall be reviewed in conjunction with a building permit application. Below threshold development will still be subject to site and floodplain ordinance review and will be charged in accordance with the fee schedule. Development that includes components within different thresholds shall be reviewed as one submittal in accordance with the highest threshold that is triggered by the development.

Table III-2. Levels of development review.

Notes to Table:

Development plan review by the appropriate board shall be required when the development includes one or more requests for a variance per this article.

Table III-3. Summary of development review process.

(Ord. No. 2018-05, § 1, 7-11-18)

An application for a development plan or amendment to any previously approved development plan may be approved only if the application meets both of the following criteria:

(1)

The plan meets submittal requirements of the Land Development Code, including payment of fees, and complies with submittal schedules to provide adequate notice and review; and

(2)

The proposed development is consistent with the comprehensive plan and complies with the comprehensive plan, the Land Development Code, and other applicable regulations.

(Ord. No. 2018-05, § 1, 7-11-18)

(a)

Pre-application technical review committee meeting. Prior to filing an application for development plan review, the applicant shall attend a TRC meeting to discuss the development review process, code requirements and to confer with staff about the development process. Comments made by staff at this stage are made solely for preliminary informational purposes and shall not be construed as an approval or denial or agreement to approve or deny any development order.

(b)

Application. A completed application, on the form provided by the city, shall be signed and notarized by all owners of the property and by any agents of the owners. Applicable fees, attachments, and other information as deemed necessary by the city shall be submitted as part of the application. The city manager or designee shall determine completeness based on level of review required, the nature of the proposed development and other requirements as set forth in this chapter, the comprehensive plan, and other city requirements deemed necessary to provide a professional and complete review and evaluation of the application.

(c)

Review. If the application is determined to be complete, the application and associated materials shall be reviewed according to this section.

(1)

Board review not required. The technical review committee shall review the application in accordance with the review criteria provided in this division and provide comments, findings, and conclusions supporting the committee's final decision, which may include one of the following:

a.

Find that all requirements of the review criteria provided in this division have been met and issue a final development order;

b.

Find that all requirements of the review criteria provided in this division can be met with conditions specified in writing and issue a preliminary development order, which requires final technical review committee review as provided in this section; or

c.

Deny the application based upon a determination that the proposed development, even with reasonable modifications and conditions, does not meet the review criteria set forth in this division.

(2)

Planning commission or magistrate (for variances) review required. If board review is required, the technical review committee shall prepare a recommendation to the commission and/or magistrate to: 1) approve; 2) approve with specified conditions; or 3) deny based upon a determination that the proposed development, even with reasonable modifications and conditions, does not meet the review criteria set forth in this division. The reviewing entity shall consider the recommendation of the technical review committee and other relevant information pertaining to the application and, using the review criteria provided in this division, shall decide one of the following:

a.

Find that all requirements of the review criteria provided in this division have been met and issue a final development order;

b.

Find that all requirements of the review criteria provided in this division can be met with conditions specified in writing and issue a preliminary development order, which requires final technical review committee review as provided in this section; or

c.

Deny the application based upon a determination that the proposed development, even with reasonable modifications and conditions, does not meet the review criteria set forth in this division.

(3)

Final review by technical review committee. If the applicant was issued a conditional or preliminary development order, as opposed to a final development order, the applicant shall timely submit all materials and information as deemed necessary by the city for final review. Upon receipt of a complete application, as determined by the city manager or designee, the technical review committee shall review the application in accordance with the review criteria provided in this division and:

a.

Find that all requirements of the review criteria and the preliminary development order have been met and issue a final development order;

b.

Inform the applicant in writing of the changes necessary for the development to comply with the requirements of the review criteria and the preliminary development order; or

c.

Find that the plan as submitted fails to meet the requirements of the review criteria or the preliminary development order and not issue a final development order.

(d)

Preliminary or conditional development orders.

(1)

A preliminary development order shall contain the following:

a.

An approved development plan, with a listing of conditions and modifications, if required, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to inform the applicant to amend the plan accordingly. However, the failure to list all requirements of this chapter and other regulations of the city shall not relieve the applicant from complying with such requirements and regulations at the time of issuance of a final development order.

b.

Notice that the preliminary development order does not constitute a final development order and that subsequently adopted ordinances, regulations, and laws may require additional amendments to the proposal.

c.

An initial determination of concurrency.

(2)

A preliminary or conditional development order shall be effective for six months from the date of approval. During this six-month period, the applicant shall seek final development approval. At the request of the applicant and for good cause shown, the reviewing authority may extend the period for obtaining final development order approval for a period of up to 12 months from the date of approval of the preliminary development order.

(e)

Final development orders.

(1)

A final development order shall contain the following:

a.

An approved development plan.

b.

A certificate of final concurrency.

c.

The expiration date for the final development order. A final development order shall remain valid only if development commences and continues pursuant to an active building permit to completion with due diligence and in good faith according to the terms and conditions of approval.

(2)

A final development order shall be effective for a period of one year from the date of approval unless otherwise specified in the order.

(Ord. No. 2018-05, § 1, 7-11-18)

After a final development order has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the order without first obtaining an amendment to the approved development order. Amendment of the development plan shall be made in accordance with the process for development review.

(Ord. No. 2018-05, § 1, 7-11-18)

(a)

The city manager or his designee will conduct a detailed review of proposed intermediate and major development (which shall consist of a complete new development on the site) to insure compliance with the current land development regulations. This review will include, but not be limited to, the following areas:

(1)

Proposed use:

a.

Primary use.

b.

Accessory uses.

c.

Special exception use: Approval by special magistrate obtained.

(2)

Lot restrictions:

a.

Lot size: width, depth, area.

b.

Setbacks.

c.

Lot coverage.

d.

Impervious surface.

e.

Green area.

f.

Building heights (section 110-430).

g.

Density.

(3)

Arrangement of structures:

a.

Distance between structures.

b.

Provisions for light, air, privacy and access.

c.

Location of accessory structures (article VI, division 4 of this chapter).

d.

Use of open space.

e.

Transition yard requirements (section 110-429).

(4)

Impact on surrounding property.

(5)

Floodplain regulations (chapter 94):

a.

Elevation requirements.

b.

Use below base flood elevation (BFE).

(6)

Parking (article VII of this chapter):

a.

Minimum requirements for off-street parking.

b.

Location of spaces.

c.

Circulation.

d.

Loading and unloading areas.

e.

Handicap facilities.

f.

Compact spaces.

g.

Remote lots.

(7)

Traffic access:

a.

Available and allowable street cuts.

b.

Use of abutting roadways.

c.

Intersection visibility (section 110-423).

d.

Emergency vehicle access.

(8)

Protection of soil and water resources (chapter 98, article II):

a.

Development requirements.

b.

Land alteration plan.

c.

Drainage plan:

1.

Treatment of stormwater runoff.

2.

Protection during construction.

d.

Environmentally sensitive area protection plan.

(9)

Landscaping (chapter 106, article II):

a.

Minimum requirements.

b.

Perimeter landscaping.

c.

Buffer landscaping.

d.

Use of existing landscaping.

e.

Xeriscape requirements.

f.

Irrigation system.

g.

Intersection restrictions.

h.

Screening of backflow preventer.

i.

Protected species (mangroves, sea oats, etc.).

(10)

Tree protection (chapter 106, article III):

a.

Minimum requirements.

b.

Types of trees.

c.

Use of existing trees.

d.

Removal of exotic species.

e.

Protection during construction.

f.

Irrigation for the trees.

(11)

Lighting (article VI, division 5 of this chapter):

a.

Impact of indoor and outdoor lighting.

b.

Decorative and accent lighting.

c.

Temporary lighting.

d.

Lighting in beach area.

(12)

Sidewalks (chapter 58):

a.

Minimum requirements.

b.

Location and size.

c.

Pedestrian access.

(13)

Signs (chapter 102):

a.

Type.

b.

Location.

c.

Size.

(14)

Recreation areas:

a.

Type.

b.

Location.

(15)

Fences and walls (article VI, division 3 of this chapter):

a.

Location.

b.

Height.

c.

Types.

(16)

Easements (article VI, division 10, subdivision II of this chapter):

a.

Utility.

b.

Pedestrian/beach access.

c.

Access easements.

(17)

Docks and seawalls (section 110-426 and chapter 14, article V):

a.

Requirements.

b.

Exemptions.

(18)

Miscellaneous:

a.

Laundry facilities.

b.

Satellite dish antennas (article VI, division 12, subdivision III of this chapter).

c.

Outdoor storage (article VI, division 9, subdivision I of this chapter).

d.

Swimming pools (article VI, division 11 of this chapter).

e.

Solid waste disposal containers and enclosures (section 54-61).

(19)

Concurrency determination (chapter 90):

a.

Transportation.

b.

Water.

c.

Wastewater.

d.

Stormwater.

e.

Solid waste.

f.

Recreation and open space.

(b)

The city manager or his designee will conduct a detailed review of proposed minor development (such as building additions, alterations, or renovations to the existing structure, site alterations, addition of an accessory structure on the site) to insure compliance with the current land development regulations. This review of a small-scale development may not require review of all items listed in subsections 110-51 (a)(1)—(19). The relevant information necessary for review shall be determined by the city manager or his designee through consultation with the city manager or his designee.

(Code 1983, § 20-604(E); Ord. No. 974, § 4, 9-24-02; Ord. No. 1050, § 7, 8-9-05; Ord. No. 1071, § 3, 2-28-06; Ord. No. 2018-05, § 1, 7-11-18)

(a)

Eight signed and sealed site plans shall be submitted to the city manager or his designee. The city manager or his designee will have 15 working days to review the plan documents. The site plan may be approved, approved with conditions or denied. The site plans submitted for large-scale development (which shall consist of a complete new development on the site) shall contain all relevant information necessary for review and shall include (when applicable), but not be limited to the following:

(1)

Legal description and zone.

(2)

Existing use and proposed use.

(3)

Site area in square feet and acres.

(4)

Lot lines.

(5)

Setbacks.

(6)

North arrow and scale (engineering scale no smaller than one inch equals 50 feet).

(7)

Existing and proposed:

a.

Gross floor area (in square feet) (existing and proposed).

b.

Building coverage (in square feet) (existing and proposed).

c.

Open (green) space (in square feet) (existing and proposed).

d.

Paving (in square feet) (existing and proposed).

e.

Density (number of residential dwelling units, or number of clients, etc.).

f.

Parking spaces (required, existing and proposed).

g.

Building height and number of stories.

h.

Preservation areas (where applicable) in total square feet and indicating the proposed area being developed or altered.

i.

Drainage plan.

j.

Land alteration plan.

(8)

Required buffer walls (i.e., to buffer nearby residential properties from vehicular use areas) and/or proposed fences, walls, etc. (height, location on-site, and elevation).

(9)

Solid waste disposal containers.

(10)

Lighting, exterior and accent.

(11)

Proposed sign plans (include size and location on-site).

(12)

Tree survey indicating the species and size of all existing trees of four inches or greater, measured at breast height.

(13)

Variances (if required). Provide a copy of the approved variance with the submitted site plan.

(14)

Certified construction cost estimate (shall be determined by a qualified and licensed contractor, architect or engineer or professional estimating firm itemizing total costs in a certified estimate).

(15)

A proposed landscape plan which shall:

a.

Comply with section chapter 106, article II (general landscaping regulations).

b.

Indicate all tree and shrub sizes, species, locations, and quantities.

c.

Contain a schematic design and layout of an underground irrigation system as required for all landscaping.

(b)

Site plans submitted for small-scale development (such as building additions, alterations, or renovations to the existing structure, site alterations, or addition of an accessory structure on the site) may not require submittal of all items listed in subsections 110-71 (a)(1)—(16). The relevant information necessary for review shall be determined by the city manager or his designee. The site plan may be approved, approved with conditions or denied.

(Code 1983, § 20-604(C); Ord. No. 974, § 5, 9-24-02)

Applicants will pay a fee, as noted in the fees and collection procedure manual when making application for the site plan review.

(Code 1983, § 20-604(D); Ord. No. 974, § 5, 9-24-02; Ord. No. 1050, § 8, 8-9-05)