This article sets forth the review and approval procedures and standards for all development applications under this LDC.

The article is organized as follows:

(a)

Section 2.1, Purpose and Organization. Section 2.1, Purpose and Organization, summarizes the purpose of Article 2 and the article's organization.

(b)

Section 2.2, Summary Table of Development Review Responsibilities. Section 2.2, Summary Table of Development Review Responsibilities, provides a summary table of the actions required for each body or person that reviews, advises, or make decisions on each type of development application.

(c)

Section 2.3, Advisory and Decision-Making Bodies and Persons. Section 2.3, Advisory and Decision-Making Bodies and Persons, describes the powers and duties of the various bodies and persons that review and make decisions on development applications.

(d)

Section 2.4, Standard Application Procedures. Section 2.4, Standard Application Procedures, describes procedures that generally apply to the review of all development applications.

(e)

Section 2.5, Application-Specific Review Procedures and Decision Standards. Section 2.5, Application-Specific Review Procedures and Decision Standards, contains specific information for each type of development application, including applicable additions or modifications to the standard review procedures, and the review standards for making a decision on the application.

In addition to the development approvals and permits required to be approved in accordance with this LDC, there may be additional permits a proposed development may be required to obtain from the City (in accordance with the City Code), county, state, or federal government before development or construction may take place.

Table 2.2: Summary Table of Development Review Responsibilities, identifies the various development approvals and permits authorized by this LDC and indicates the role of City boards and staff in making recommendations or decisions on applications for each type of development approval or permit. It also identifies those applications that require a public hearing, and notes whether an informational meeting or pre-application neighborhood meeting is required.

In addition to the development orders and permits listed in Table 2.2, an applicant may be required to acquire additional permits or approvals before beginning land disturbance on a site, including but not limited to the following:

(a)

Building Permit;

(b)

Right-of-Way Utilization Permit;

(c)

Permits and registration requirements relating to Communication Facilities and Small Wireless Facilities (see Chapter 17.5, Communications, of the City Code).

(d)

Site Construction Permit (see Procedures Manual).

In addition to the authority granted to the Mayor by the City Charter, the Mayor shall have the power to sign an approved final subdivision plat and minor subdivision (see Sec. 2.5.2(b)) following approval by City Council.

In addition to the authority granted to City Council by the Florida Constitution, State law, and the City Charter, the City Council shall have the following powers and duties under this LDC:

(a)

To review and decide the following:

(1)

Sec. 2.5.1(a), Annexations;

(2)

Sec. 2.5.1(b), Comprehensive Development Plan adoptions or amendments;

(3)

Sec. 2.5.1(c), LDC Text amendments;

(4)

Sec. 2.5.1(d), General Zone District Map amendments;

(5)

Sec. 2.5.1(e), Site Specific Zone District Map amendments;

(6)

Sec. 2.5.1(f), Planned Developments;

(7)

Sec. 2.5.1(h), Development Agreements;

(8)

Sec. 2.5.2(b), Major Subdivisions (Final Plat);

(9)

Sec. 2.5.2(b), Minor Subdivisions, on the consent agenda;

(10)

Sec. 2.5.3(f), Right-of-Way/Public Easement Abandonments;

(11)

Sec. 2.5.4(b), Waiver; and

(12)

Sec. 2.5.4(f), Vested Rights Determinations.

(b)

To hear and decide appeals for the following:

(1)

Sec. 2.5.3(a), Sign Permit appeals from the Planning and Zoning Commission (P&Z);

(2)

Sec. 2.5.3(b), Shoreline Alteration Permits;

(3)

Sec. 2.5.3(c), Wetland Alteration Permits;

(4)

Sec. 2.5.3(d), Waterfront Structure Permits;

(5)

Sec. 2.5.3(e), Vegetation and Tree Removal Permit;

(6)

Sec. 2.5.3(h), Floodplain Development Permits;

(7)

Sec. 2.5.4(a), Zoning Variances;

(8)

Sec. 2.5.4(c), Administrative Adjustments; and

(9)

Sec. 2.5.5, Interpretations.

(c)

To establish a schedule of fees for development applications reviewed under this LDC. The schedule of fees shall be placed in the separate Procedures Manual maintained by the Community Development Director.

(d)

To appoint and remove members of the Planning and Zoning Commission in accordance with state law.

(a)

Establishment. The Planning and Zoning Commission (P&Z) is hereby established in accordance with State law and the City Charter.

(b)

Powers and Duties under this LDC. The P&Z shall have the following powers and duties under this LDC.

(1)

To review and decide the following:

(A)

Sec. 2.5.1(g), Conditional Use Permits;

(B)

Sec. 2.5.2(b), Major Subdivisions (Preliminary Subdivision Plan);

(C)

Sec. 2.5.4(a), Zoning Variances; and

(D)

Sec. 2.5.4(b), Waiver (in certain circumstances, see Sec. 2.5.4(b)).

(2)

To review and make recommendations to the City Council on the following:

(A)

Sec. 2.5.1(b), Comprehensive Plan adoptions or amendments;

(B)

Sec. 2.5.1(c), LDC Text amendments;

(C)

Sec. 2.5.1(d), General Zone District Map amendments;

(D)

Sec. 2.5.1(e), Site-Specific Zone District Map amendments;

(E)

Sec. 2.5.1(f), Planned Developments;

(F)

Sec. 2.5.1(h), Development Agreements; and

(G)

Sec. 2.5.4(b), Waiver (in certain circumstances, see Sec. 2.5.4(b)).

(3)

To hear and decide appeals for the following:

(A)

Sec. 2.5.3(a), Sign Permits.

(c)

Other Powers and Duties. The P&Z shall have the following additional powers and duties under this LDC:

(1)

To act as the Local Planning Agency (LPA) for the City under State law, and as the LPA to:

(A)

Monitor and oversee the effectiveness and status of the comprehensive development plan and recommend to the City Council changes as may be needed from time to time;

(B)

Recommend a comprehensive development plan or elements or portions to the City Council for adoption; and

(C)

Conduct public hearings on proposed amendments to and evaluation of the comprehensive development plan; and

(2)

To recommend to the City Council principles and policies for guiding action affecting development in the City and its environs.

(d)

Membership.

(1)

The P&Z shall have five members who shall be appointed by the City Council. An additional member shall be a non-voting, ex officio representative appointed by the Orange County School Board, who attends meetings at which the P&Z considers comprehensive development plan amendments and zone district map amendments that propose to increase residential density on the property that is the subject of the application.

(2)

No member shall be appointed who has private or personal interests likely to conflict with the general public interest.

(3)

Each member of the P&Z shall reside within the City.

(4)

Each member shall be appointed to a single three-year term. A member may be reappointed to a second three-year term. If a member is appointed to fill a vacancy in accordance with subsection (5) below, the appointment shall count as a term for purposes of this subsection if the term of appointment is at least eighteen (18) months.

(5)

When a position becomes vacant before the end of the term, the City Council shall appoint a substitute member to fill the vacancy for the duration of the vacated term.

(6)

A member may be removed by an affirmative vote of three members of the City Council.

(7)

A member who is absent from three consecutive regular meetings, or from fifty (50) percent of scheduled meetings in any continuous six-month period, shall be deemed to have resigned from the P&Z. The member shall be notified of the vacancy and may reapply.

(8)

The members of the P&Z shall annually elect a Chair and Vice-Chair from among its members.

(9)

The Community Development Director shall provide clerical and administrative support to the P&Z as may be reasonably required for the proper performance of its duties.

(10)

P&Z members shall receive no salary or fees, but may receive necessary travel, per diem, and other expenses while on official business for the City. The City Council shall make available to the P&Z such appropriations as it deems appropriate for expenses necessary in the conduct of P&Z duties.

(11)

Members are bound by State law regarding government-in-the-sunshine and conflict of interest.

(e)

Procedures.

(1)

Adoption of Rules. The P&Z shall adopt rules necessary to conduct its affairs, in keeping with the provisions of this LDC.

(2)

Meetings.

(A)

Unless the Chair shall determine otherwise, regular meetings of the P&Z shall be held on the first Thursday of each month.

(B)

Each meeting shall be held at a time determined by the P&Z, and shall take place in the City Council chambers or other appropriate meeting place in accordance with State law.

(C)

Special meetings may be called by the Chair provided that 48 hours written notice is posted at City Hall. Special meetings may be held remotely provided the P&Z makes no decisions or recommendations and simultaneous live audio (and, if available, video) of the meeting is made available to the public through an online live stream.

(3)

Minutes and Records. The P&Z shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall reflect this fact. The P&Z shall also reflect in its minutes all official actions of the P&Z. The minutes shall be a public record and shall be filed in the office of the City Clerk.

(4)

Quorum and Votes. The P&Z shall consider that a quorum is present when a simple majority of the total membership of the P&Z is in attendance. A meeting shall not be called to order unless a quorum is present. A quorum is not required for a work session provided no decisions or recommendations are made.

(5)

Conflict of Interest. If a matter before the P&Z inures to the special private gain of one its members, that member shall declare a conflict of interest with the matter and, within 15 days of the declaration, shall file a memorandum of voting conflict with the Community Development Director that discloses the nature of the interest. The memorandum of voting conflict shall be attached to and made part of the P&Z's minutes.

(a)

Establishment. The Development Review Committee (DRC) is hereby established.

(b)

Powers and Duties. The DRC shall have the following powers under this LDC.

(1)

To review and decide the following:

(A)

Sec. 2.5.2(a), Site Plans;

(B)

Sec. 2.5.2(b), Minor Subdivisions, which if approved shall be placed on the City Council's consent agenda for final approval;

(C)

Sec. 2.5.2(c), Lot Line Adjustments;

(D)

Sec. 2.5.2(d), Lot Splits; and

(E)

Sec. 2.5.4(b), Waiver (in certain circumstances, see Sec. 2.5.4(b)).

(2)

To review and make recommendations to City Council or the P&Z on the following:

(A)

Sec. 2.5.1(d), General Zone District Map amendments;

(B)

Sec. 2.5.1(e), Site-Specific Zone District Map amendments;

(C)

Sec. 2.5.1(f), Planned Developments;

(D)

Sec. 2.5.1(g), Conditional Use Permits;

(E)

Sec. 2.5.1(h), Development Agreements (Amendments);

(F)

Sec. 2.5.2(b), Major Subdivisions (Preliminary Subdivision Plans);

(G)

Sec. 2.5.2(b), Major Subdivisions (Final Plats);

(H)

Sec. 2.5.3(f), Right-of-Way/Public Easement Abandonments;

(I)

Sec. 2.5.4(a), Zoning Variances;

(J)

Sec. 2.5.4(b), Waiver (in certain circumstances, see Sec. 2.5.4(b)); and

(K)

Sec. 2.5.4(f), Vested Rights Determinations.

(3)

To approve off-site parking arrangements (see Sec. 5.2.5(h)(2), Off-Site and Off-Site Shared Parking).

(4)

To perform such other duties as from time to time may be assigned by the City Manager.

(c)

Membership. The following persons, or their designees, shall be members of the DRC:

(1)

The Community Development Director;

(2)

The Chief of the Fire Department; and

(3)

The Public Works Director.

(d)

Procedures.

(1)

Chair. The Community Development Director shall serve as the Chair of the DRC.

(2)

Adoption of Rules. The DRC shall adopt rules necessary to conduct its duties, in keeping with the provisions of this LDC.

(3)

Meetings. Meetings shall be held at the call of the Chair and at such other times as the DRC may determine necessary. The DRC, at any meeting, may set a future meeting date. All meetings shall be open to the public.

(4)

Minutes and Records. The DRC shall keep a summary of its proceedings including all official actions. The summary shall be a public record and shall be filed in the office of the City Clerk.

(5)

Quorum and Votes. A quorum shall exist if a majority of the members are present at the meeting. The concurring vote of a majority of the quorum present at the meeting shall be required to take official action.

(6)

Conflict of Interest. If a matter before the DRC inures to the special private gain of a member of the DRC, that member shall declare a conflict of interest with the matter. Within 15 days of the declaration, the member shall file a memorandum of voting conflict with the Community Development Director that discloses the nature of the interest. The memorandum of voting conflict shall be attached to and made part of the DRC meeting summary.

(a)

The Community Development Director is the head of the Community Development Department, which is responsible for the planning functions of the City and for administering this LDC. The Community Development Director, in conjunction with the Community Development Department, has the following general powers and duties under this LDC.

(1)

To establish the requirements for the content and form and the submittal and review schedule for each type of development application reviewed under this LDC, and to place these requirements in a Procedures Manual.

(2)

To update the Procedures Manual as needed to ensure effective and efficient development review and reflect updated fees and regulations adopted by the City Council;

(3)

To serve as professional staff liaison to the City Council and the P&Z, and to provide technical assistance, as needed; and

(4)

To maintain a record of all development applications reviewed under this LDC.

(b)

The Community Development Director has the following additional powers and duties under this LDC.

(1)

To review and decide the following:

(A)

Sec. 2.5.1(f), Planned Developments (Minor Deviation)

(B)

Sec. 2.5.1(h), Development Agreements (Minor Amendments).

(C)

Sec. 2.5.2(a)(3)(K), approval of minor revisions to a Master Sign Plan as part of a Site Plan;

(D)

Sec. 2.5.3(a), Sign Permits;

(E)

Sec. 2.5.3(g); Short-Term Rental Unit Certificates; and

(F)

Sec. 2.5.4(c), Administrative Adjustments.

(2)

To review and make recommendations to City Council on Sec. 2.5.1(c), LDC Text Amendments;

(3)

To make formal interpretations of this LDC in accordance with Sec. 2.5.5, Interpretations.

(4)

To receive applications submitted in accordance with this LDC (Sec. 2.4.3, Application Submission) and conduct the determination of application completeness (Sec. 2.4.4, Determination of Application Completeness).

(5)

To distribute completed applications for review in accordance with Sec. 2.4.5, Staff Review and Action.

(6)

To perform staff review in accordance with Sec. 2.4.5(a), Staff Review and Opportunity to Revise Application, including making interpretations of this LDC as needed during the review of applications.

(7)

To approve the timing of any neighborhood meeting held in accordance with Sec. 2.4.2, Neighborhood Meeting; and

(8)

To assist in enforcement of this LDC in accordance with Article 9: Enforcement.

The Public Works Director is the head of the Department of Public Works and serves under the direction of the City Manager. The Public Works Director shall have the following powers under this LDC:

(a)

To review and decide the following, in conjunction with the Department of Public Works:

(1)

Sec. 2.5.3(b), Shoreline Alteration Permits;

(2)

Sec. 2.5.3(c), Wetland Alteration Permits;

(3)

Sec. 2.5.3(d), Waterfront Structure Permits; and

(4)

Sec. 2.5.3(e), Vegetation and Tree Removal Permit.

(b)

To prepare and make recommendations to the City Council, P&Z, or the Community Development Director on development applications as set forth in this LDC.

(c)

To serve as the Mobility Fee Administrator with responsibility for administration, implementation, and interpretation of Section 7.1, Mobility Fees, provided that the Public Works Director shall obtain approval, in writing from the City Manager, for any decisions made in accordance with Sec. 7.1.5, Mobility Fee Determination, through Sec. 7.1.8, Mobility Fee Credits, before those decisions can become effective.

(d)

To make decisions on development engineering and design standards in accordance with Appendix A: Engineering and Design Manual.

See Sec. 5.7.3, Duties and Powers of the Floodplain Administrator.

(a)

Purpose. The purpose of a pre-application conference is to provide an opportunity for the applicant to determine the submission requirements and the procedures and standards applicable to an anticipated application. A pre-application conference is also intended to provide an opportunity for City staff to become familiar with and offer the applicant preliminary comments about the scope, features, and impacts of the proposed development as it relates to the standards in this LDC.

(b)

Applicability.

(1)

A pre-application conference is required to be held before submitting any of the following applications:

(A)

Zone district map amendments not initiated by the City (Secs. 2.5.1(d), General Zone District Map Amendment and 2.5.1(e), Site-Specific Zone District Map Amendment);

(B)

Sec. 2.5.1(f), Planned Developments;

(C)

Sec. 2.5.1(g), Conditional Use Permits;

(D)

Sec. 2.5.1(h), Development Agreements (Amendments and Minor Amendments);

(E)

Sec. 2.5.2(a), Site Plans; and

(F)

Sec. 2.5.2(b), Subdivisions (Preliminary Subdivision Plans).

(2)

A pre-application conference is optional before submission of any other application.

(c)

Procedure.

(1)

Pre-Application Form. At least ten (10) days before the pre-application conference, the applicant shall submit to the Community Development Director a pre-application conference form in the format established by the Community Development Director. The pre-application form shall include a description of the proposed development, a conceptual site plan, and any other information requested in the form.

(2)

Scheduling. Within a reasonable period of time after receipt of a request for a pre-application conference, the Community Development Director shall schedule the pre-application conference time and location.

(3)

Staff Review. Prior to the pre-application conference, the Community Development Director shall review the pre-application form submitted by the applicant, and solicit input from other relevant City departments and DRC members as appropriate.

(4)

Conference Proceedings. At the pre-application conference, the Community Development Director and other appropriate City staff shall seek any needed clarification from the applicant regarding the proposed application and identify any concerns, problems, or other factors the applicant should consider regarding the proposed application.

(d)

Effect of Conference. The pre-application conference is intended as a means of facilitating the application review process. Any written comments or discussions held in accordance with this section are not binding on the City. Processing times for review of development applications do not begin until an application is submitted in accordance with Sec. 2.4.3, Application Submission, and determined to be complete in accordance with Sec. 2.4.4, Determination of Application Completeness.

(a)

Purpose. The purpose of the neighborhood meeting is to provide an opportunity early in the application process for landowners and neighboring residents to learn about a proposed development near their properties and provide input and concerns, and for the applicant and neighbors to resolve conflicts in an informal setting before the public review and hearing process begins.

(b)

Applicability.

(1)

Except as provided in subsection (3) below, a neighborhood meeting shall be held before any of the following applications are submitted:

(A)

Site-specific zone district map amendments not initiated by the City (Sec. 2.5.1(e), Site-Specific Zone District Map Amendment);

(B)

Sec. 2.5.1(f), Planned Developments;

(C)

Sec. 2.5.1(g), Conditional Use Permits; and

(D)

Sec. 2.5.2(b), Subdivisions (Preliminary Subdivision Plans).

(2)

A neighborhood meeting is optional before the submission of any other application.

(3)

The Community Development Director may waive the requirement for a neighborhood meeting if it is determined that the application will not have a significant impact on surrounding land uses or public facilities.

(c)

Procedure.

(1)

Meeting Location and Time. The neighborhood meeting shall be held at City Hall. An applicant shall coordinate with the Community Development Director regarding the availability of and reserving appropriate space. The meeting shall be scheduled to start between 6:00 p.m. and 8:00 p.m. on a weekday, and be held for a minimum of one (1) hour.

(2)

Notification.

(A)

Mailed Notice. The applicant shall mail notice of the meeting a minimum of fourteen (14) days in advance of the meeting, in a form and manner established in the Procedures Manual, to:

1.

The Community Development Director;

2.

The owner of land subject to the application (if different from the applicant); and

3.

Any persons to whom mailed notice of a public hearing is required by Sec. 2.4.6(c)(2), Mailed Notice Requirement.

(B)

Posted Notice. The applicant shall post notice of the neighborhood meeting on the land subject to the application at least 14 days before the date of the meeting, in a form established in the Procedures Manual.

(C)

Content of Notice. The mailed, posted, and electronic notices shall state the time and place of the meeting, the purpose of the meeting, include a basic map identifying the land associated with the proposed development, summarize the general nature of the plan for development, provide a phone number or email address to contact to report any disabilities or interpretive services needed, and identify the type of development approval or permit sought.

(3)

Conduct of the Meeting. The meeting shall be open to the public. At the meeting, the applicant shall explain the development proposal and application, describe the application review process, respond to questions and concerns that attendees raise about the proposed application, and discuss ways to resolve conflicts or concerns. City staff shall attend the meeting to answer questions about the LDC and the general development review process.

(4)

Written Summary of Meeting. After the conclusion of the meeting, the applicant shall prepare a written summary of the meeting that includes a list of meeting attendees, a summary of attendee comments and issues discussed related to the development proposal, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and shall become part of the application record.

(5)

Response to Summary. Any person attending the neighborhood meeting may submit a written response to the applicant's meeting summary after the application is determined complete. The response may state that person's understanding of attendee comments, discuss issues related to the development proposal, and include any other information deemed appropriate. The written response shall be submitted to the Community Development Director. All such written responses shall be appended to the staff report.

(6)

Application Submission. An application for which a neighborhood meeting is required in accordance with subsection (b) above is required to be submitted within six months of the neighborhood meeting. If the application is not submitted within six months of the neighborhood meeting, a new neighborhood meeting shall be required to be held in accordance with this section before an application may be submitted.

(a)

General. All applications shall be submitted to the Community Development Director in accordance with the requirements of this section.

(b)

Authority to File Applications.

(1)

Applications shall be submitted by:

(A)

The landowner or the landowner's authorized agent; or

(B)

Any other person or entity having a recognized property interest in the land upon which the development is proposed, or their authorized agent.

(2)

If the applicant is an authorized agent, the applicant shall provide a notarized letter of authorization from each landowner or person or entity with a recognized property interest.

(c)

Application Contents and Form. The application contents and form shall be in accordance with requirements established by the Community Development Director in the Procedures Manual.

(d)

Fees. The application fees and pass-through fees required for each type of application submitted under this LDC shall be established by City Council and included in the Procedures Manual. No application is complete until all required fees are paid in full.

(e)

Deposit. No application is complete until any deposit required in accordance with the Procedures Manual is paid to the City.

(f)

Schedule and Review. The schedule for application submission and review, including time frames for review, shall be established for each application type by the Community Development Director and included in the Procedures Manual.

(g)

Revision of Application.

(1)

An applicant may submit a revised application after receiving initial staff review comments on the application or on requesting and receiving permission from an advisory or decision-making body after that body has reviewed but not yet taken action on the application. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by the Community Development Director or the advisory or decision-making body, as long as they constitute only minor additions, deletions, or corrections, and do not include significant substantive changes to the plan for development proposed in the application.

(2)

Any other revisions to the application may be submitted at any time during the review procedure, but the revised application shall be submitted and reviewed as if it were a new application, and may be subject to additional application fees to defray the additional costs of processing the revised application, at the Community Development Director's discretion.

(h)

Withdrawal of Application.

(1)

An applicant may withdraw an application at any time by submitting a letter of withdrawal to the Community Development Director. Application fees shall not be refunded for withdrawn applications.

(2)

If an applicant requests or causes continuing postponement of submissions or actions required to complete the application review process, and such postponement causes inaction for six (6) or more months in the review of the application, the application shall be considered withdrawn and the Community Development Director shall notify the applicant in writing.

(i)

Simultaneous Processing of Applications. Whenever two (2) or more forms of review and approval are required under this LDC, at the applicant's request and at the discretion of the Community Development Director, the applications for those development approvals or permits may be processed simultaneously as long as all applicable state and local requirements are satisfied. Simultaneous processing of applications may result in additional fees to the applicant.

(a)

Completeness Review. Within five business days after submittal of an application, the Community Development Director shall determine whether the application is complete or incomplete. A complete application is one that:

(1)

Contains all application content requirements established for the particular type of application in accordance with Sec. 2.4.3(c), Application Contents and Form;

(2)

Is in the form required for submittal of the particular type of application in accordance with Sec. 2.4.3(c), Application Contents and Form;

(3)

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this LDC; and

(4)

Is accompanied by the application and pass-through fees established for the particular type of application in accordance with Sec. 2.4.3(d), Fees, and a deposit if required in the Procedures Manual.

(b)

Application Incomplete.

(1)

If it is determined the application is incomplete, the Community Development Director shall send written notice to the applicant of the submittal deficiencies and advise that review of the application shall not proceed until a complete application is submitted. The applicant may correct the deficiencies and resubmit the application for completeness determination.

(2)

If the applicant fails to resubmit an incomplete application within 30 days after being notified of submittal deficiencies, and the applicant has not requested and received an extension from the Community Development Director for good cause shown, the application shall be considered withdrawn.

(3)

Notwithstanding the other provisions of this subsection, after an application is determined to be incomplete three times, the applicant may request, and the Community Development Director shall undertake, processing and review of the application.

(c)

Application Complete. If the application is determined complete, or if the applicant has requested that the application be processed in accordance with subsection (b)(3) above, the application shall be reviewed in accordance with the procedures and standards of this Section 2.4.

(a)

Staff Review and Opportunity to Revise Application.

(1)

The Community Development Director shall distribute the completed application to appropriate City staff and review agencies for review and comment.

(2)

The Community Development Director shall review the application, relevant support material, and any comments or recommendations from City staff and any other review agencies to which the application was referred. If deficiencies in complying with the applicable review standards of this LDC are identified, the Community Development Director shall notify the applicant of the deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them, in accordance with Sec. 2.4.3(g), Revision of Application.

(b)

Application Subject to Staff Recommendation and Report.

(1)

Community Development Director or DRC Report and Recommendation. If an application is to be reviewed by or a recommendation given by the Community Development Director or the DRC, City staff designated by the Community Development or DRC, if applicable, shall, following completion of staff review, prepare a staff report that addresses the application's compliance with applicable review standards and provide the staff report to the Community Development Director or DRC, as applicable. The Community Development Director or DRC, if applicable, shall then recommend action on the application, including any recommended modifications or conditions of approval.

(2)

Distribution and Availability of Application and Staff Report. After completion of the staff report in subsection (1) above, the Community Development Director shall transmit the application and staff report to the appropriate advisory or decision-making body. The Community Development Director shall also provide the applicant a copy of the staff report and make a copy of the staff report available for examination by the public within a reasonable time before the hearing on the application.

(c)

Application Subject to Decision by Staff.

(1)

Decision. If an application is subject to a final decision by the Community Development Director, the DRC, or the Public Works Director, the Community Development Director, the DRC, or Public Works Director, as appropriate, shall make a decision on the application, consisting of one of the allowed decisions in and based on the review standards in Section 2.5, Application-Specific Review Procedures and Decision Standards, for the specific type of application.

(2)

Conditions of Approval. If permitted for the particular type of application in accordance with Section 2.5, Application-Specific Review Procedures and Decision Standards, approval of an application may be subject to conditions of approval. Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this LDC, and shall relate in both type and scope to the anticipated impacts of the proposed development.

(a)

Public Hearing Scheduling.

(1)

Table 2.4.6(a): Required Public Hearings, summarizes the types of applications that require public hearing(s) under this LDC, the review bodies responsible for conducting those public hearing(s), and the type of public hearing(s) (standard or quasi-judicial). In the table, "S" indicates that the public hearing will be a standard type that follows the procedure set forth in Sec. 2.4.7(b), Standard Public Hearings. "Q" indicates that the public-hearing will be quasi-judicial and will follow the procedure set forth in Sec. 2.4.7(c), Quasi-Judicial Hearing Procedures.

(2)

If an application is subject to a public hearing, the Community Development Director shall ensure that the hearing on the application is scheduled for a regularly scheduled or specially called meeting of the body conducting the hearing.

(3)

The hearing on the application shall be scheduled to allow sufficient time for preparation and distribution of any required staff report (see Sec. 2.4.5(b)(2), Distribution and Availability of Application and Staff Report) and for public notification in accordance with this section and Table 2.4.6(b): Public Notification Requirements.

(b)

Public Notification. Notification of a public hearing on an application shall be as required by the Florida Statutes and this LDC as shown in Table 2.4.6(b): Public Notification Requirements. Computation of the required time periods shall be in accordance with Sec. 10.1.4, Computation of Time.

(c)

Public Notice Requirement. All public notices required to be issued in accordance with Table 2.4.6(b): Public Notification Requirements, shall comply with the following:

(1)

Published Notice Requirement.

(A)

The Community Development Director shall cause a required notice of a public hearing on an application to be prepared and published in a newspaper having general circulation in the City.

(B)

Where published notice is required in accordance with F.S. § 166.041, the size and format of the notice shall comply with the requirements of that statute.

(2)

Mailed Notice Requirement.

(A)

Mailed notice shall be sent by the Community Development Director by first class mail to the following:

1.

Owner(s) of land subject to the application (if other than the applicant); and

2.

Owners of real property within 500 feet of the land subject to an application.

(B)

The owner names and addresses of neighboring property shall be those shown on the current ad valorem tax rolls of Orange County.

(C)

Where neighboring property is part of a townhome, condominium, or timeshare development, the notice may be mailed to the president or manager of the development's property owners association instead of individual owners.

(D)

The notice shall be sent electronically to addresses that have been registered in accordance with subsection (8) below.

(3)

Posted Notice Requirement.

(A)

The applicant shall place posted notice on the land subject to the application, at a location adjacent to each abutting street that is clearly visible to traffic along the street. If no part of the subject land abuts a street, then the notice shall be posted in the right-of-way of the nearest street, and in a manner consistent with the intent of the provisions of this LDC.

(B)

Posted notice shall be in a manner established by the Community Development Director.

(C)

The applicant shall make reasonable efforts to ensure that posted notice is maintained in place until after a final decision on the subject application is rendered by the decision-making body.

(D)

The posted notice shall be removed by staff within 14 days after P&Z's recommendation or decision.

(4)

Content of Notice. The public notice shall, at a minimum:

(A)

Identify the application;

(B)

Describe the nature and scope of the proposed development or action;

(C)

Identify the location of land subject to the application (not applicable to notices posted on the subject property);

(D)

Identify the date, time, and location of the public hearing(s) being noticed;

(E)

Indicate how and where written comments on the application may be submitted before the hearing;

(F)

Indicate how and where additional information about the application and review process may be obtained; and

(G)

Comply with any other notice content requirements established by state law.

(5)

Affidavit of Notice Posted. The applicant shall sign an affidavit affirming that any required notices of a public hearing for which the applicant was responsible for providing were provided in accordance with the requirements of this subsection and state law. The affidavit, along with any documentation that the Procedures Manual requires to prove compliance with notice requirements, shall be submitted to the Community Development Director at least three business days before the hearing date. The affidavit shall be in a form established by the Community Development Director.

(6)

Availability of Hearing Notice for Public Inspection. The Community Development Director shall keep a copy of the required published and mailed notices of a public hearing and make them available for inspection by the public during normal business hours.

(7)

Responsibility for Cost of Notice. The applicant shall be responsible for all costs of providing required public notices.

(8)

Registration to Receive Notice Electronically. Any person or organization in the City may register to receive electronic notification (e.g., via email) of all applications that require notice in accordance with this section.

If the application is subject to a public hearing by an advisory or decision-making body, the advisory or decision-making body shall hold the public hearing in accordance with the following procedures, as appropriate to the type of hearing.

(a)

General Procedures.

(1)

Rights of All Persons. Any person may appear at the public hearing and submit documents, materials, and other written or oral testimony, either individually or as a representative of an organization. Persons speaking at the hearing shall identify themselves, state their home or business address, and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.

(2)

Restrictions on Presentations. The body conducting the public hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

(3)

Continuance of Hearing. The body conducting the public hearing may, on its own motion, continue the public hearing to a fixed date, time, and place, for good cause.

(4)

Record of Hearing Proceedings. The body conducting the public hearing shall record the proceedings by any appropriate means. If a video or sound recording is made, any person shall be entitled to watch or listen to the recording at a reasonable time.

(5)

Burden of Proof and Persuasion. The applicant bears the burden of demonstrating that an application complies with applicable review standards. The burden is not on the City or other parties to show that the standards are met by the applicant.

(b)

Standard Public Hearings. If the public hearing is a standard hearing, the hearing shall be subject to the following order of proceedings:

(1)

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing.

(2)

Staff Presentation. The Community Development Director shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior staff, DRC, or P&Z findings and recommendations, as appropriate. Members of the body conducting the hearing may ask questions.

(3)

Applicant Presentation. The applicant or the applicant's representative shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of the applicant, the applicant's representative, or the witnesses.

(4)

Public Comment. Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.

(5)

Response to Presentations and Comments.

(A)

The applicant may respond to any comments, documents, or materials presented by the public.

(B)

The Community Development Director may respond to any comments, documents, or materials presented by the applicant or the public.

(6)

Close of Hearing. The person chairing the body conducting the hearing shall close the public hearing.

(c)

Quasi-Judicial Hearing Procedures.

(1)

Order of Proceedings. If the public hearing is a quasi-judicial hearing, the hearing shall be subject to the following order of proceedings:

(A)

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing.

(B)

Swearing in or Affirmation of Witnesses. The person chairing the body conducting the hearing or the City Attorney shall swear in or affirm all persons who will testify at the hearing, if requested by any party.

(C)

Staff Presentation. The Community Development Director shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior DRC or P&Z findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The applicant and affected parties may also ask questions of each witness.

(D)

Applicant Presentation. The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The Community Development Director and affected parties may also ask questions of each witness.

(E)

Affected Parties Presentation. A party aggrieved or adversely affected by the proposed application may present any information the party deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The Community Development Director and the applicant may also ask questions of each witness.

(F)

Public Comment. Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The Community Development Director, the applicant, and affected parties may also ask questions of each witness.

(G)

Responses to Presentations and Comments.

1.

The applicant may respond to any testimony, comments, documents, or materials presented by the Community Development Director, affected parties, or the public.

2.

A party aggrieved or adversely affected by the proposed application may respond to any testimony, comments, documents, or materials presented by the Community Development Director, the applicant, or the public.

3.

The Community Development Director may respond to any testimony, comments, documents, or materials presented by the applicant, a party aggrieved or adversely affected by the proposed application, or the public.

(H)

Conclusions. Affected parties, the applicant, and the Community Development Director may present brief conclusionary statements.

(I)

Close of Hearings. The person chairing the body conducting the hearing shall close the public hearing.

(2)

Evidence. The body conducting the hearing may consider all testimony and evidence it deems competent and substantial to the application, and may exclude testimony or evidence it determines to be irrelevant, immaterial, incompetent, unreliable, or unduly repetitious.

(3)

Cross-Examination. Any inquiry under cross-examination shall be limited to matters raised in the direct examination of the witness. No re-direct or re-cross shall be allowed unless requested by the applicant, an affected party, or the Community Development Director along with a statement of the desired area of inquiry, and the request is approved by the person chairing the body conducting the hearing. If re-direct or re-cross is allowed, it shall be limited to questions of the witness on issues raised in the cross-examination.

(4)

Public Hearing Record. The public hearing record shall include the application, the staff report, this LDC, the comprehensive development plan, any other applicable adopted City Plans, any DRC or P&Z proceedings and recommendations on the application, all testimony offered at the hearing, and all written materials concerning the application presented or entered into the record at the hearing by the Community Development Director, the applicant, affected parties, or the public.

If an application is subject to a recommendation by the P&Z, the P&Z shall review and act on the application in accordance with the requirements in this subsection.

(a)

General. The P&Z shall hold any required public hearing in accordance with Sec. 2.4.7, Public Hearing Procedures. At the hearing, the P&Z shall consider the application, relevant support materials, the staff report, and any public comments, and then recommend one of the decisions authorized for the particular type of application, based on the decision standards applicable for the application type, as set forth in Section 2.5, Application-Specific Review Procedures and Decision Standards.

(b)

Statement of Basis for Recommended Decision. The P&Z's recommendation shall state the basis or rationale for the recommended decision.

(c)

Timing. The P&Z shall take action within any time period specified in Section 2.5, Application-Specific Review Procedures and Decision Standards, for the type of application.

(d)

Conditions of Approval. If permitted for the particular type of application as set forth in Section 2.5, Application-Specific Review Procedures and Decision Standards, the P&Z may recommend conditions of approval. Conditions of approval shall relate in both type and extent to the anticipated impacts of the proposed development.

If an application is subject to a final decision by City Council or the P&Z, the decision-making body shall review and decide the application in accordance with the following procedures.

(a)

Timing. The decision-making body shall review and decide the application within 120 days of the determination that the application is complete in accordance with Sec. 2.4.4, Determination of Application Completeness and Sufficiency, or 180 days from the determination that the application is complete if the application requires a public hearing. The applicant and the City may agree to an extension of the required time frame.

(b)

Review and Decision.

(1)

The decision-making body shall hold any required public hearing in accordance with Sec. 2.4.7, Public Hearing Procedures, and shall consider the application, relevant support materials, the staff report, any staff, DRC, or P&Z recommendations (if applicable), and any public comments, materials, information, and testimony entered into the record at the hearing. It shall then make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures and Decision Standards. The decision-making body shall issue a written decision that states the factors considered in its decision and the basis or rationale for the decision.

(2)

In addition, if the application is subject to a quasi-judicial public hearing, the decision-making body's review and decision shall be based on whether the application meets all applicable requirements of this LDC, based on the entirety of the record before the decision-making body.

(3)

If the City Council is the decision-making body, it may remand the application to the P&Z for further consideration of any issue before making its decision.

(c)

Conditions of Approval. If permitted for a particular type of application in accordance with Section 2.5, Application-Specific Review Procedures and Decision Standards, approval of an application may be with conditions of approval. Conditions of approval must relate in both type and extent to the anticipated impacts of the proposed development.

(d)

Effect of Approval. Approval of an application in accordance with this LDC authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application and approval. In the event that one development approval or permit is a prerequisite to another development approval or permit (e.g., variance approval prior to a site plan), development may not take place until all required approvals or permits are obtained. Approval of one development application does not necessarily guarantee approval of any subsequent development application.

Within fourteen (14) calendar days after a final decision on an application, or sooner if required for a particular type of application in accordance with Section 2.5, Application-Specific Review Procedures and Decision Standards, the Community Development Director or Public Works Director shall provide the applicant written notice of the decision and make a copy of the decision available to the public in the Community Development Department or the Department of Public Works.

(a)

Appeal.

(1)

A party aggrieved or adversely affected by a final decision may appeal the decision in accordance with the procedures and standards in Sec. 2.5.4(d), Appeals to City Council or Sec. 2.5.4(e), Appeals to Planning & Zoning Commission (P&Z), as specified in Section 2.5, Application-Specific Review Procedures and Decision Standards, for the particular type of application procedure.

(A)

Appeal may be taken to City Council on final decisions on the following applications:

1.

Shoreline alteration permits, see Sec. 2.5.3(b);

2.

Wetland alteration permits, see Sec. 2.5.3(c);

3.

Vegetation and tree removal permits, see Sec. 2.5.4(e);

4.

Floodplain development permits, see Sec 2.5.3(h).;

5.

Zoning variance, see Sec.2.5.4(a);

6.

Administrative adjustments, see Sec. 2.5.4(c);

7.

Interpretations, see Sec. 2.5.5; and

8.

Sign permit appeals by the P&Z, see Sec. 2.5.3(a).

(B)

Appeal may be taken to the P&Z on final decisions on the following applications:

1.

Sign permits, see Sec. 2.5.3(a).

(2)

A party aggrieved or adversely affected by any decision for which no further relief is provided by this LDC may seek review of the decision in the courts in accordance with applicable state law.

(b)

Lapse of Development Order.

(1)

Development orders shall expire as provided in Section 2.5, Application-Specific Review Procedures and Decision Standards, for each type of application. If no expiration period is provided for the specific type of development order, and if no expiration period is imposed as part of the approval by the decision-making body, the development order shall expire if a building permit is not obtained within two (2) years.

(2)

A change in ownership of the land that is the subject of a development order shall not affect the established expiration time period for the development order.

(3)

A one-year extension of the expiration time period for a specific development order may be awarded by the decision-making body that granted the development order upon the applicant's submission of a written request for extension to the Community Development Director before the expiration date, and a showing of good cause.

(c)

Modification of Development Order. Except as otherwise provided in Section 2.5, Application-Specific Review Procedures and Decision Standards, for the particular type of application, any modifications of a development order shall require a new application for an amendment to the development order. Any such amendment shall be submitted and reviewed in accordance with the procedures in the LDC that would apply to an original approval.

(d)

Limit on Subsequent Similar Applications.

(1)

General. If an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of denial unless the decision-making body waives this time limit in accordance with subsection (2) below.

(2)

Exception. The owner of land subject to the time limit provided in subsection (1) above, or the owner's authorized agent, may submit a written request for waiver of the time limit to the Community Development Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only on a finding by two-thirds (⅔) of its membership that the owner or agent has demonstrated one of the following:

(A)

There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application;

(B)

New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application;

(C)

The new application proposed to be submitted is materially different from the prior application; or

(D)

The final decision on the prior application was based on a material mistake of fact.

(Ord. No. 1407, § 3, 9-12-22)

(a)

Annexation. See Ch. 171, Fla Stat.

(b)

Comprehensive Development Plan Adoption or Amendment. See Ch. 163, Fla. Stat., including the Community Planning Act, Section 163.3161 et. seq.

(c)

LDC Text Amendment.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for amending the text of the LDC whenever the public necessity, convenience, general welfare, comprehensive development plan, or appropriate land use practices justify or require doing so.

(2)

LDC Text Amendment Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an LDC text amendment. Figure 2.5.1(c)(2) identifies key steps in the LDC text amendment procedure.

Figure 2.5.1(c)(2): Summary of LDC Text Amendment Procedure

(A)

Pre-Application Conference. Optional for a proposed LDC text amendment submitted by a person other than the City, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Not applicable. Instead, an applicant other than the City may submit a proposed LDC text amendment to the Community Development Department along with supporting material.

(D)

Determination of Application Completeness and Sufficiency. Not applicable.

(E)

Initial City Council Review. For a proposed LDC text amendment submitted by a person other than the City, the City Council shall decide at a meeting whether to consider the requested amendment. If the City Council votes to consider the requested amendment, review of the application shall continue in accordance with subsection (F) below. If the City Council does not vote to consider the requested amendment, the application fee shall be returned to the applicant and the application shall not be further considered.

(F)

Staff Review and Action. Applicable for a proposed LDC text amendment submitted by a person other than the City, see Section 2.4.5, if the City Council decides to consider the application. In such a case, the Community Development Director shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (3) below.

(G)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(H)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(I)

Advisory Board Review and Recommendation. Applicable, see Section 2.4.8. The P&Z reviews the application at a standard public hearing and makes a recommendation based on the review standards in subsection (3) below.

(J)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The City Council reviews the application at one standard public hearing (or two (2) standard public hearings if required by Sec. 166.041, Fla. Stat.) and makes a decision based on the review standards in subsection (3) below. The City Council's decision shall be one of the following:

1.

Adopt the text amendment as proposed;

2.

Adopt the text amendment with modifications; or

3.

Deny adoption of the text amendment.

(K)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(L)

Post-Decision Limitations and Actions.

Not applicable. If the LDC text amendment is adopted by the City Council, the Community Development Director shall place the amendment in the LDC within a reasonable period of time after its adoption. Approval of the LDC text amendment shall not expire, but the amended text of the LDC is subject to further amendment in accordance with the procedures and standards of this section.

(3)

LDC Text Amendment Review Standards. The advisability of amending the text of the LDC is a matter committed to the legislative discretion of the City Council and is not controlled by any one factor. In determining whether to adopt or deny the proposed text amendment, the City Council shall weigh the relevance of and consider whether and the extent to which the proposed text amendment:

(A)

Is consistent with the comprehensive development plan and furthers its goals, objectives, and policies;

(B)

Is in conflict with any provision of this LDC and the City Code;

(C)

Is required by changed conditions;

(D)

Addresses a demonstrated community need;

(E)

Is consistent with the purpose and intent of the zone districts, or would improve compatibility among uses;

(F)

Would result in a logical and orderly development pattern;

(G)

Would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and

(H)

Would adversely impact the availability of public facilities to accommodate new growth and development.

(d)

General Zone District Map Amendment.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for reviewing and deciding proposed general amendments to the Official Zone District Map whenever the public necessity, convenience, general welfare, comprehensive development plan, or appropriate land use policies justify or require doing so.

(2)

General Zone District Map Amendment Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a general zone district map amendment. Figure 2.5.1(d)(2) identifies key steps in the general zone district map amendment procedure.

Figure 2.5.1(d)(2): Summary of General Zone District Map Amendment Procedure

(A)

Pre-Application Conference. Applicable, see Section 2.4.1.

(B)

Neighborhood Meeting. Applicable if submitted by a person other than the City, see Section 2.4.2.

(C)

Application Submission. Applicable, see Section 2.4.3. Applications may also be submitted by the City.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (3) below.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Applicable, see Section 2.4.8. The P&Z reviews the application at a standard public hearing and makes a recommendation based on the review standards in subsection (3) below.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The City Council shall review the application at one (1) standard public hearing or two (2) public hearings if the application proposes to rezone 10 or more acres, and make a decision based on the review standards in subsection (3) below. The City Council's decision shall be one (1) of the following:

1.

Approval of the application as submitted;

2.

Approval of the application with a reduction of the area proposed to be amended;

3.

Approval of an amendment to a base zone district or districts that limits development to lower intensities than the base zone district or districts initially proposed; or

4.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

If a general amendment to the Official Zone District Map is adopted by the City Council, the Community Development Director shall place the amendment on the Official Zone District Map within a reasonable period of time after its adoption. Designation of a zone district on the Official Zone District Map shall note the ordinance approving the zone district classification.

2.

Approval of a general amendment to the Official Zone District Map shall not expire, but the Official Zone District Map is subject to further amendment in accordance with the procedures and standards of this LDC.

(3)

General Zone District Map Amendment Review Standards. The advisability of amending the Official Zone District Map is a matter committed to the legislative discretion of the City Council and is not controlled by any one factor. In determining whether to adopt or deny the proposed amendment to the Official Zone District Map, the City Council shall weigh the relevance of and consider whether and the extent to which the amendment:

(A)

Is consistent with the comprehensive development plan and furthers its goals, objectives, and policies;

(B)

Is consistent with the goals, objectives, and policies of other City plans;

(C)

Is not in conflict with any provisions of this LDC;

(D)

Is required by changed conditions;

(E)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land;

(F)

Would result in a logical and orderly development pattern;

(G)

Would not result in significant adverse impacts on the natural environment—including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and

(H)

Would result in development that is adequately served by public facilities (e.g., streets, potable water, sewerage, stormwater management, solid waste collection and disposal, schools, parks, police, and fire and emergency medical facilities).

(e)

Site-Specific Zone District Map Amendment.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for reviewing and deciding proposed site-specific amendments to the Official Zone District Map whenever the public necessity, convenience, general welfare, comprehensive development plan, or appropriate land use policies justify or require doing so.

(2)

Site-Specific Zone District Map Amendment Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a site-specific zone district map amendment. Figure 2.5.1(e)(2) identifies key steps in the site-specific zone district map amendment procedure.

Figure 2.5.1(e)(2): Summary of Site-Specific Zone District Map Amendment Procedure

(A)

Pre-Application Conference. Applicable, see Section 2.4.1.

(B)

Neighborhood Meeting. Applicable, see Section 2.4.2.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (3) below.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Applicable, see Section 2.4.8. The P&Z shall review the application at a quasi-judicial public hearing and make a recommendation based on the review standards in subsection (3) below.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The City Council shall review the application at a quasi-judicial public hearing and make a decision based on the review standards in subsection (3) below. The City Council's decision shall be one of the following:

1.

Approval of the application as submitted;

2.

Approval of the application with a reduction of the area proposed to be amended; or

3.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

If a site-specific zone district map amendment to the Official Zone District Map is adopted by the City Council, the Community Development Director shall place the amendment on the Official Zone District Map within a reasonable period of time after its adoption. Designation of a zone district on the Official Zone District Map shall note the ordinance approving the zoning district classification.

2.

Approval of a site-specific zone district map amendment to the Official Zone District Map shall not expire, but the Official Zone District Map of the LDC is subject to further amendment in accordance with the procedures and standards of this LDC.

(3)

Site-Specific Zone District Map Amendment Review Standards. Site-specific amendments to the Official Zone District Map are a matter subject to quasi-judicial review by the City Council and constitute the implementation of the general land use policies established in this LDC and the comprehensive development plan. In determining whether to adopt or deny a proposed site-specific zone district map amendment, the City shall consider:

(A)

Whether the applicant has provided, as part of the record of the public hearing(s) on the application, competent substantial evidence that the proposed amendment:

1.

Is consistent with the comprehensive development plan and furthers its goals, objectives, and policies;

2.

Is consistent with the goals, objectives, and policies of other City plans;

3.

Is not in conflict with any provisions of this LDC;

4.

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land;

5.

Addresses a demonstrated community need;

6.

Would result in a logical and orderly development patterns;

7.

Would not adversely affect the property values in the area;

8.

Reflects a change in circumstances or conditions in the vicinity of the property which would prevent its reasonable use as currently zoned;

9.

Would not result in significant adverse impacts on the natural environment—including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and

10.

Would result in development that is adequately served by public facilities (e.g., streets, potable water, sewerage, stormwater management, solid waste collection and disposal, schools, parks, police, and fire and emergency medical facilities).

(B)

Whether the current zone district designation accomplishes a legitimate public purpose.

(f)

Planned Development.

(1)

Purpose. Planned developments are amendments to the Official Zone District Map that accommodate developments that are planned and developed under unified control. They allow for flexible standards and procedures conducive to creating more mixed-use, pedestrian-oriented, and otherwise higher quality development than could be achieved through base zone district regulations, as well as offering enhanced community benefits and amenities. The purpose of this subsection is to provide a uniform mechanism for amending the Official Zone District Map to reclassify land to either the PD district (Section 3.5.4, PD: Planned Development District) or the DM-PD district (Section 3.5.5, DM-PD: Downtown Maitland—Planned Development District).

(2)

Scope. A planned development is established by amendment of the Official Zone District Map to a planned development zone district classification (PD or DM-PD) that is defined by a PD Plan and PD Agreement. Subsequent development within the PD or DM-PD district occurs through the approval of a site plan (major or minor) and subdivision (plat) review, as appropriate, which ensure substantial compliance with the PD Plan/PD Agreement.

(3)

Planned Development Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a planned development application or amendment. Figure 2.5.1(f)(3) identifies key steps in the planned development procedure.

Figure 2.5.1(f)(3): Summary of Planned Development Procedure

(A)

Pre-Application Conference. Applicable, see Section 2.4.1.

(B)

Neighborhood Meeting. Applicable, see Section 2.4.2.

(C)

Initial City Council Review. Following the neighborhood meeting, the applicant shall submit to the Community Development Department a conceptual plan for the proposed Planned Development along with any required fee. The conceptual plan shall include general information about the proposed intensity and density of the proposed development, as well as any information required in the Procedures Manual and information suggested by staff during the Pre-Application Conference. The conceptual plan will be reviewed at a meeting before the City Council. At the meeting, the applicant may present the conceptual plan, and the Council shall have an opportunity to ask questions of the applicant and staff and provide comments on the conceptual plan. No other action shall be taken by the Council at the meeting.

(D)

Application Submission. Applicable, see Section 2.4.3. The application shall include a PD Plan and PD Agreement in accordance with Section 3.5.3(c)(1), PD Plan, and Section 3.5.3(c)(3), PD Agreement.

(E)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(F)

Staff Review and Action. Applicable, see Section 2.4.5. After referral of the application back to staff after the initial City Council meeting, the DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (4) below.

(G)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(H)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(I)

Advisory Board Review and Recommendation. Applicable, see Section 2.4.8. The P&Z reviews the application at a quasi-judicial public hearing and makes a recommendation based on the review standards in subsection (4) below.

(J)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The City Council shall review the application at a quasi-judicial public hearing, or two (2) quasi-judicial public hearings if the application proposes to rezone ten (10) or more contiguous acres, and make a decision based on the review standards in subsection (4) below. The City Council's decision shall be one of the following:

1.

Approval of the application as submitted, subject to the PD Plan and PD Agreement;

2.

Approval of the application subject to additional or modified conditions related to the PD Plan and PD Agreement;

3.

Denial of the application.

(K)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(L)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

If a planned development amendment to the Official Zone District Map is adopted by the City Council, the Community Development Director shall place the amendment on the Official Zone District Map within a reasonable period of time after its adoption. Designation of a PD or DM-PD district on the Official Zone District Map shall note the ordinance approving the zoning district classification.

2.

Lands amended to a PD or DM-PD zone district shall be subject to the approved PD Plan/PD Agreement. The PD Plan/PD Agreement is binding on the land as an amendment to the Official Zone District Map, shall be binding on the landowners and their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the PD Plan/PD Agreement. The applicant may apply for and obtain subsequent development approval and permits necessary to implement the PD Plan/PD Agreement in accordance with the appropriate procedures and standards set forth in this LDC. Any subsequent development approvals or permits shall be in substantial compliance with the PD Plan/PD Agreement.

3.

Approval of a PD zone district does not lapse, except approval of the PD Plan/PD Agreement shall automatically lapse unless a site plan (major or minor) or subdivision (plat) for any portion of the PD is approved within five years after approval of the PD district or any other expiration period approved as part of the PD Plan/PD Agreement—or an extension of such time period that is authorized in accordance with provisions in the PD Plan/PD Agreement. If a PD Plan/PD Agreement lapses, the owner of the land in the PD district may apply to amend the planned development zoning classification to incorporate a new PD Plan/PD Agreement, or apply to reclassify the site to another base district.

4.

Subsequent applications for a development approval or permit within an approved PD district may include minor deviations from the PD Plan/PD Agreement, provided such deviations are limited to changes that the Community Development Director (or, at the Community Development Director's option, the DRC), in consultation with the Public Works Director, determines:

a.

Address technical considerations that could not reasonably be anticipated during the PD approval process;

b.

Comply with the LDC and other applicable City Code provisions; and

c.

Have no material effect on the character of the approved PD district, and the basic concept and terms and conditions of the PD Plan/PD Agreement. Minor deviations may include, but are not limited to, the following:

i.

Realignment of internal roadways or driveways that improve traffic flow, turn movements, or other safety considerations;

ii.

Relocation of parking or retention areas within the site to increase percolation or reduce runoff;

iii.

Structural alterations that do not significantly affect the basic, form, style, and appearance of principal structures and do not increase or reduce the structural square footage of the project by more than five percent;

iv.

Relocation of the orientation of the footprint of a building, provided it maintains the same distance from existing single-family development.

v.

Revisions that do not increase or decrease density, height, intensity, or building coverage, unless a minimum density or intensity has been specified within the PD Plan/PD Agreement, in which case the deviation may only be considered minor if the decrease is less than 15 percent; and

vi.

Revisions to signage that do not increase overall sign area by more than ten percent.

5.

A development order for a planned development district and PD Plan/PD Agreement may be amended only in accordance with the procedures and standards for its original approval.

(4)

Planned Development Review Standards. Review of and the decision on an application for a planned development district shall be based on compliance of the application with the following:

(A)

The review standards in Section 2.5.1(e)(3), Site-Specific Zone District Map Amendment Review Standards;

(B)

The standards for development in a PD district set forth in in Section 3.5.3(c)(1), PD Plan; and

(C)

The provision of community benefits, as identified in Section 3.5.3(c)(4), Compensating Community Benefits, to compensate for the increased development flexibility of the PD district.

(g)

Conditional Use Permit.

(1)

Purpose. A use that is identified as a conditional use in Table 4.2.2: Principal Use Table, is a use that may be appropriate in a particular zone district but that requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings because of its nature, extent, and external effects. The purpose of this section is to establish a uniform mechanism for the review of conditional uses to ensure they are appropriate for the location where they are proposed.

(2)

Conditional Use Permit Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a conditional use permit. Figure 2.5.1(g)(2) identifies key steps in the conditional use permit procedure.

Figure 2.5.1(g)(2): Summary of Conditional Use Permit Procedure

(A)

Pre-Application Conference. Applicable, see Section 2.4.1.

(B)

Neighborhood Meeting. Applicable, see Section 2.4.2.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (3) below.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The P&Z shall review the application at a quasi-judicial public hearing and make a decision based on the review standards in subsection (3) below. The P&Z's decision shall be one of the following:

1.

Approval of the application as submitted;

2.

Approval of the application subject to modification and/or conditions of approval; or

3.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

A development order approving a conditional use permit authorizes the submittal of an application for any other applications that may be required before the development authorized by the permit is constructed or established.

2.

A development order approving a conditional use permit shall automatically expire if the development authorized by the permit is not established or substantially commenced within two (2) years after the date of the development order approval, unless an extension of this time period is authorized in accordance with Section 2.4.11(b), Lapse of Development Order. Following the establishment or substantial commencement of the authorized development, the conditional use permit shall not expire and shall run with the land.

3.

Subsequent applications for other permits for the development authorized by a conditional use permit may include minor deviations from the approved plans and conditions. Such deviations are limited to changes that the Community Development Director finds:

a.

Address technical considerations that could not reasonably be anticipated during the conditional use permit approval process; and

b.

Would not:

i.

Materially alter drainage, streets, or other engineering design;

ii.

Adversely impact the management of stormwater quality or stormwater quantity;

iii.

Substantially affect the terms of the original approval; or

iv.

Result in significant adverse impacts on the surrounding lands or the City at large.

(3)

Conditional Use Permit Review Standards. A conditional use permit shall be approved only on a finding there is competent substantial evidence in the record that the proposed use:

(A)

Will be consistent with the goals, objectives, and policies of the comprehensive development plan;

(B)

Will be appropriate for its location and compatible with the general character of surrounding lands and the uses permitted in the zone district;

(C)

Will not result in significant adverse odor, noise, glare, and vibration impacts on surrounding lands due to refuse collection, service delivery, parking and loading, signs, lighting, and other site elements; and

(D)

Will maintain safe ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site.

(h)

Development Agreement.

(1)

Purpose. The purpose of this section is to establish the procedure for the City to enter into and amend development agreements in accordance with Sec. 163.3220 et seq., Fla. Stat., the Florida Local Government Development Agreement Act, as well as the City's home rule powers under Article VIII, Section 2 of the Florida Constitution and Ch. 166, Fla. Stat.

(2)

Applicability.

(A)

The City Council, at its discretion, may enter into a development agreement in accordance with the City's home rule powers under Article VIII, Section 2 of the Florida Constitution, and Ch. 166, Fla. Stat.

(B)

The City may amend an existing development agreement in accordance with subsection (3) below.

(C)

Minor amendments to a development agreement may be approved as a non-statutory development agreement pursuant to the City's home rule powers under Article VIII, Section 2 of the Florida Constitution, and Ch. 166, Fla. Stat, after review by the Community Development Director, in accordance with subsection (3) below.

(3)

Development Agreement Amendment Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to review of an amendment to a development agreement. Figure 2.5.1(h)(3) identifies key steps in the development agreement amendment procedure.

Figure 2.5.1(h)(3): Summary of Development Agreement Amendment Procedure

(A)

Pre-Application Conference. Applicable, see Section 2.4.1.

(B)

Neighborhood Meeting. Optional, see Section 2.4.2.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5, except:

1.

The Community Development Director shall review the application. If the Community Development Director determines that the requested amendment meets the standards for a minor amendment in subsection (5) below, the Community Development Director may, following any necessary consultation with the DRC, approve the amendment and record it in the public records of Orange County.

2.

If the Community Development Director determines that the requested amendment does not qualify as a minor amendment, the DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (4) below.

(F)

Scheduling of Public Hearing and Notification. Applicable if the application does not qualify as a minor amendment, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable if the application does not qualify as a minor amendment, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Applicable if the application does not qualify as a minor amendment, see Section 2.4.8. The P&Z shall review the application at a standard public hearing and make a recommendation based on the review standards in subsection (4) below. At the public hearing on the amendment, the P&Z shall also announce the date, time, and place of the City Council public hearing.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable if the application does not qualify as a minor amendment, see Section 2.4.9. The City Council shall review the application at a standard public hearing and make a decision based on the review standards in subsection (4) below. The City Council's decision shall be one of the following:

1.

Approval of the application;

2.

Approval of the application subject to modification and/or conditions of approval; or

3.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. The amended development agreement shall be recorded in the public records of Orange County after City Council approval.

(4)

Development Agreement Amendment Standards. An amendment to a development agreement that does not qualify as a minor amendment shall only be approved upon a finding that the amendment meets all of the following standards:

(A)

The amendment is consistent with the comprehensive development plan;

(B)

The amendment is in the best interests of public health, safety, welfare, economic order, and aesthetics of the region and City;

(C)

The amendment will not adversely affect the orderly development of property in the area of the parcel of land subject to the development agreement; and

(D)

The amended development agreement complies with the requirements of Section 163.3227, Fla. Stat.

(5)

Minor Amendment to Development Agreement Standards. An amendment to a development agreement shall qualify as a minor amendment only upon a finding there is competent substantial evidence in the record that all of the following standards are met:

(A)

The change is substantially consistent with the overall purposes and intent of the approved development agreement;

(B)

The change conforms to this LDC, the City Code, and all other City regulations;

(C)

The change is consistent with the comprehensive development plan; and

(D)

The change is limited to one or more of the following:

1.

It adds less than five (5) percent of the approximate structural square footage to the project, if the approved development agreement states an approximate maximum square footage.

2.

It changes provisions regarding easements or utilities so that more effective service levels can be achieved.

3.

It corrects scriveners' errors.

4.

It changes provisions which are specifically provided for as minor in the approved development agreement.

5.

It changes time frames for development application review, as long as the modified schedule does not trigger any default dates that may exist within the development agreement, and the modified review time frames and all required improvements can be accomplished without an extension of the expiration date of the agreement.

6.

The changes result from changes to any section or subsection numbers of the Florida Statutes, Florida Administrative Code, or any other state or local law, as long as the substance of the state or local law has not changed.

7.

The change adds that the City official "or a designee" may execute the action when the development agreement provides that a City official take certain action.

8.

It changes provisions that allow administrative site plan reviews by providing that site plan reviews be processed in accordance with Section 2.5.2(a), Site Plan.

9.

It extends the effective date of a current, unexpired development agreement if state law applicable to the development agreement requires such extension, as long as the developer follows the requirements of state law.

10.

The changes allow other forms of security interest when a development agreement requires a letter of credit or maintenance bond, as long as any surety is approved by the City staff; provided, however, that any stated amount or percentage of the security interest shall remain the same.

11.

It changes the corporate name or address of a developer when such changes have been accomplished through the state.

12.

It changes the name of the subject property or project, unless the name of the subject property listed in the development agreement is the same as an already-platted subdivision.

(a)

Site Plan.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for review and approval of proposed development to ensure that it complies with the development standards in this LDC.

(2)

Applicability.

(A)

Unless exempted in accordance with subsection (B) below, all development in the City shall receive approval of a site plan, in accordance with the procedures and standards of this section, prior to submitting an application for a building permit or site construction permit.

(B)

The following development is exempt from the requirements of this section:

1.

A single-family, two-family (duplex), three-family, or four-family dwelling, and associated appurtenances (e.g. a private swimming pool);

2.

Redevelopment that does not add to the total square footage or footprint of a structure;

3.

Installation of generators or other mechanical equipment for operation of a permitted use on site;

4.

Construction of fences and walls;

5.

Ordinary maintenance; and

6.

Resurfacing, restriping, or adding landscaping to existing parking and loading facilities.

(3)

Site Plan Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to review of a site plan application. Figure 2.5.2(a)(3) identifies key steps in the site plan review procedure.

Figure 2.5.2(a)(3): Summary of Site Plan Procedure

(A)

Pre-Application Conference. Applicable, see Section 2.4.1.

(B)

Neighborhood Meeting. Optional, see Section 2.4.2.

(C)

Application Submission. Applicable, see Section 2.4.3. In addition, if the proposed development includes signage subject to Section 5.14, Signs, the application shall include a Master Sign Plan prepared in accordance with the Procedures Manual that identifies:

1.

The types of signs proposed and their number, size, height, and copy area;

2.

The proposed style and color palette for all letter colors, background colors, and text;

3.

The proposed general location(s) for freestanding signs on a lot, as well as the proposed location(s) for building signs on a building façade;

4.

The type and description of illumination, if any, proposed for all signs; and

5.

A description of any structure (i.e., any wall or fence base) upon which a sign face is proposed to be placed.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application and make a decision on the application based on the review standards in subsection (4) below. The DRC's decision shall be one of the following:

1.

Approval of the application;

2.

Approval of the application subject to modifications and/or conditions of approval; or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

A development order approving a site plan shall automatically expire if the development authorized by the permit is not established or substantially commenced within one year after the date of the development order approval, unless an extension of this time period is authorized in accordance with Section 2.4.11(b), Lapse of Development Order.

2.

A minor revision to an approved Master Sign Plan that does not increase the sign area by more than ten percent is subject to the following:

a.

The proposed revision may be approved by the Community Development Director without requiring an amendment to the approved site plan if the Director determines the proposed revision is substantially consistent with the purpose and intent of the approved Master Sign Plan, and the revised Master Sign Plan conforms to all other regulations in this LDC.

b.

If the Community Development Director is uncertain whether the proposed revision is substantially consistent with the purposes and intent of the approved Master Sign Plan, the Community Development Director may refer the proposed minor revision to the DRC for review. The DRC may either approve the proposed revision if it determines the proposed revisions is substantially consistent with the approved Master Sign Plan, deny the request, or refer the matter to the P&Z for its review and decision.

c.

The P&Z may approve the proposed revision if it determines the proposed revision is substantially consistent with the approved Master Sign Plan.

d.

The applicant may appeal to the City Council any decision rendered by the Community Development Director, DRC, or P&Z regarding minor revisions to the Master Sign Plan in accordance with Section 2.5.4(d), Appeals to City Council.

3.

Subsequent applications for other permits for the development authorized by a site plan review may include minor deviations from the approved plans and conditions. Such deviations are limited to changes that the Community Development Director, in consultation with the Public Works Director, or designee, finds:

a.

Address technical considerations that could not reasonably be anticipated during the site plan approval process; and

b.

Would not:

i.

Materially alter drainage, streets, or other engineering design;

ii.

Adversely impact the management of stormwater quality or stormwater quantity;

iii.

Substantially affect the terms of the original approval; or

iv.

Result in significant adverse impacts on the surrounding lands or the City at large.

(4)

Site Plan Review Standards. A site plan shall be approved only on a finding there is competent substantial evidence in the record that all of the following standards are met:

(A)

The proposed development is consistent with the goals, policies, and objectives of the comprehensive development plan;

(B)

The proposed development and uses in the site plan comply with Article 3: Zone Districts and Article 4: Use Regulations;

(C)

The proposed development and its general layout and design comply with all applicable standards in Article 5: Development Standards; and

(D)

The proposed development complies with all other applicable standards in this LDC, the City Code, and all other City regulations.

(b)

Subdivision.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for the approval of divisions of land and to ensure that subdivisions promote the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the City by:

(A)

Providing for the orderly growth and development of the City;

(B)

Coordinating streets within proposed subdivision plats with the City's street system and transportation plans, and with other public facilities;

(C)

Ensuring there is adequate potable water, sewer, and drainage;

(D)

Providing rights-of-way for streets and utility easements;

(E)

Avoiding congestion and overcrowding;

(F)

Preserving valuable and scenic natural features;

(G)

Ensuring there is adequate open space and recreation facilities to serve development; and

(H)

Ensuring there is proper recordation of land ownership or property owner association records, where applicable.

(2)

Applicability..

(A)

Except as provided in subsection (B) below, any land in the City divided into two (2) or more lots shall receive subdivision approval in accordance with the procedures and standards of this section prior to its conveyance, sale, or development.

(B)

The following shall be exempt from the requirements of this section:

1.

The sale or exchange of small parcels of land to or between adjoining property owners where the sale or exchange does not create additional lots.

2.

Property that has never been subdivided, that meets the requirements of a minor subdivision in subsection (3)(A) below, and that is proposed to be divided into two (2) lots; such property may be subdivided as a lot split in accordance with Section 2.5.2(d), Lot Split.

(3)

Major and Minor Subdivisions Distinguished.

(A)

Minor Subdivision. A minor subdivision is the subdivision of land that:

1.

Abuts an existing standard street which the Public Works Director determines does not require improvements such as additional width, resurfacing, curbing, or street drainage;

2.

Requires no new improvements for potable water, sewer, or drainage; and

3.

Includes no more than four lots for commercial development that have common access to existing public streets, or no more than ten (10) lots for residential development.

(B)

Major Subdivision. All other division of land subject to this section shall constitute a major subdivision.

(4)

Major Subdivision Procedure.

(A)

Overview. The procedure for review of and decision on a major subdivision consists of the following two (2) steps:

1.

First, review of and decision on a preliminary subdivision plan (preliminary plat) by the P&Z.

2.

Then, following required site improvements or receipt by the City of sufficient surety bonds for site improvements that have not been completed, review of and decision on a final subdivision plat by the City Council.

(B)

Preliminary Subdivision Plan (Preliminary Plat) Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an application for a preliminary subdivision plan (preliminary plat). Figure 2.5.2(b)(4)(B) identifies key steps in the preliminary subdivision plan (preliminary plat) procedure.

Figure 2.5.2(b)(4)(B): Summary of Preliminary Subdivision Plan (Preliminary Plat) Procedure

1.

Pre-Application Conference. Applicable, see Section 2.4.1.

2.

Neighborhood Meeting. Applicable, see Section 2.4.2.

3.

Application Submission. Applicable, see Section 2.4.3.

4.

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

5.

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (D)1 below.

6.

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

7.

Public Hearing Procedures. Applicable, see Section 2.4.7.

8.

Advisory Board Review and Recommendation. Not applicable.

9.

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The P&Z shall review the application at a quasi-judicial public hearing and make a decision based on the review standards in subsection (D)1 below. The P&Z's decision on the preliminary plat application shall be one of the following:

a.

Approval of the application;

b.

Approval of the application with modifications and/or conditions of approval; or

c.

Denial of the application.

10.

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

11.

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. The approval of a preliminary plat shall automatically expire at the end of 12 months from approval unless a final subdivision plat has been submitted in accordance with subsection (C) below. The applicant may apply in writing to the P&Z for an extension of time.

(C)

Final Subdivision Plat Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a final subdivision plat. Figure 2.5.2(b)(4)(C) identifies key steps in the final subdivision plat procedure.

Figure 2.5.2(b)(4)(C): Summary of Final Subdivision Plat Procedure

1.

Pre-Application Conference. Not applicable.

2.

Neighborhood Meeting. Not applicable.

3.

Application Submission. Applicable, see Section 2.4.3.

4.

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

5.

Staff Review and Action.

a.

Applicable, see Section 2.4.5. The DRC shall review the application. If the DRC determines that the proposed final plat does not comply with the requirements of this LDC, the applicant may submit a revised final plat within sixty (60) days to address the concerns of the DRC. The applicant may request in writing an extension to the 60-day resubmittal time frame. The DRC shall review and make a recommendation on the application based on the review standards in subsection (D)2 below.

b.

Minor changes to an approved preliminary plat and/or construction drawings may be approved, provided such changes are limited to changes the Community Development Director (or, at the Community Development Director's option, the DRC), in consultation with the Public Works Director, determines are consistent with the comprehensive development plan and comply with this LDC and other applicable City Code provisions. A decision approving or denying minor changes may be appealed to the City Council in accordance with Section 2.5.4(d), Appeals to City Council. Modifications that qualify as minor changes include, but are not limited to, the following:

i.

Realignment of internal roadways or driveways that improve traffic flow, turn movements, or other safety considerations;

ii.

Relocation of parking or retention areas within the site to increase percolation or reduce runoff;

iii.

Relocation of easements of utilities to provide more effective service levels;

iv.

Changes that add or delete less than five percent of the square footage of any lot, or add or delete less than five percent of street frontage or lot width for any lot, as long as the approved preliminary plat or construction drawings conform to the development standards of the zone district;

v.

Changes that decrease density, height, intensity, or permeable surface coverage; and

vi.

Realignment of an approved wall or fence, to avoid existing trees or attempt to resolve a problem peculiar to the site.

6.

Scheduling of Public Hearing and Notification. Not applicable.

7.

Public Hearing Procedures. Not applicable.

8.

Advisory Board Review and Recommendation. Not applicable.

9.

Decision-Making Body Hearing, Review, and Decision.

Applicable. The City Council shall review the application and make a decision based on the review standards in subsection (D)2 below. The City Council's decision on the final plat application shall be one of the following:

a.

Approval of the application; or

b.

Denial of the application.

10.

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

11.

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. Following approval of the final subdivision plat, the plat shall be signed by the Mayor, and its acceptance and recordation shall be contingent on the following:

a.

All required work shall be completed and ready for acceptance or approval by the City within 24 months after City Council's approval of the final subdivision plat. The City may extend the acceptance or approval period by 12 months at the discretion of the City Council, following a written request sent to the Community Development Director at least 30 days prior to the expiration of the 24-month period.

b.

Any performance bond shall be used and released in accordance with Section 6.4, Administration and Enforcement.

(D)

Major Subdivision Review Standards.

1.

Preliminary Subdivision Plan (Preliminary Plat). A preliminary subdivision plan (preliminary plat) shall be approved only on a finding there is competent substantial evidence in the record that that all of the following standards are met:

a.

The preliminary plat and its general layout and design complies with all applicable standards in Article 5: Development Standards, and Article 6: Subdivision Standards.

b.

The preliminary subdivision plat (preliminary plat) complies with any site plan of which it is a part.

c.

The preliminary plat, including any proposed phases, conforms with the applicable levels of service in the comprehensive development plan.

d.

Existing utility services and transportation systems are adequate for the proposed development.

e.

The preliminary plat is consistent with the comprehensive development plan.

f.

The preliminary plat complies with all other applicable requirements of this LDC, the City Code, and other City regulations.

2.

Final Subdivision Plat. A final subdivision plat shall be approved only on a finding that there is competent substantial evidence in the record that all of the following standards are met:

a.

There is substantial conformity with the approved preliminary subdivision plan (preliminary plat), including any changes approved by the Community Development Director or the DRC in accordance with subsection (C)5 above.

b.

The final subdivision plat conforms to the requirements of Ch. 177, Fla. Stat.

c.

The engineering plans for the final subdivision plat have been approved by the City, as applicable.

d.

The final subdivision plat complies with any site plan of which it is a part.

e.

The final subdivision plat complies with all other requirements of this LDC and other City regulations.

f.

A performance bond and maintenance bond has been provided to the City in accordance with subsection (6) below, as applicable.

(5)

Minor Subdivision Procedure.

(A)

Overview. The procedure for review of and decision on a minor subdivision consists of review of and decision on a final subdivision plat by the City Council, following the provision of required site improvements or receipt by the City of sufficient surety bonds for site improvements that have not been completed.

(B)

Minor Subdivision Review Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a minor subdivision. Figure 2.5.2(b)(5)(B) identifies key steps in the minor subdivision procedure.

Figure 2.5.2(b)(5)(B): Summary of Minor Subdivision Procedure

1.

Pre-Application Conference. Optional, see Section 2.4.1.

2.

Neighborhood Meeting. Optional, see Section 2.4.2.

3.

Application Submission. Applicable, see Section 2.4.3.

4.

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

5.

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a decision on the application based on the review standards in subsection (C) below. The DRC's decision shall be one of the following:

a.

Approval of the application; or

b.

Denial of the application. A denial shall include a statement of the reasons for the denial.

6.

Scheduling of Public Hearing and Notification. Not applicable.

7.

Public Hearing Procedures. Not applicable.

8.

Advisory Board Review and Recommendation. Not applicable.

9.

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. If approved by the DRC, the application shall be referred to the City Council for approval on the consent agenda. Following approval, the Mayor shall sign the approved minor subdivision.

10.

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

11.

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11.

(C)

Minor Subdivision Review Standards. A minor subdivision plat shall be approved only on a finding there is competent substantial evidence in the record that all of the following standards are met:

1.

The minor subdivision plat complies with all applicable standards in Article 5: Development Standards, and Article 6: Subdivision Standards.

2.

The minor subdivision plat conforms to the requirements of Ch. 177, Fla. Stat.

3.

The minor subdivision plat conforms to any site plan of which it is a part.

4.

The minor subdivision plat is consistent with the comprehensive development plan.

5.

The minor subdivision plat complies with all other applicable requirements of this LDC, the City Code, and other City regulations.

6.

If applicable, a performance bond and maintenance bond has been provided to the City in accordance with subsection (6) below.

(6)

Required Bonds.

(A)

When Required.

1.

A performance bond is required to be provided to the City as a condition for approval of the final plat in accordance with Section 6.3, Required Improvements.

2.

A maintenance bond is required to be provided to the City prior to the release of the performance bond.

(B)

The performance bond and maintenance bond required in accordance with approval of a final subdivision plat or minor subdivision plat shall be in the form of a surety bond issued by a bonding company from the United States Treasury's list of approved bonding companies, or such other guarantee acceptable to the City.

(C)

The amount of a required bond shall be based on the sum of engineering and construction cost, including landfill, as determined by the construction contract proposal submitted by a properly licensed contractor and confirmed by the Public Works Director.

(D)

The amount of the performance bond shall be equal to one hundred ten (110) percent of the cost calculated in subsection (C) above. The bond shall remain in force and effect until such time as all required improvements have been inspected and accepted by the City in accordance with Section 6.4.2, Inspection, Report, and Acceptance.

(E)

The amount of the maintenance bond shall be equal to twenty (20) percent of the cost calculated in subsection (C) above. The bond shall remain in force and effect until two (2) years after the City has accepted the improvements.

(c)

Lot Line Adjustment.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for approving requests for minor adjustments to the boundaries of platted lots.

(2)

Applicability. Changes may be made to the boundaries of platted lots without the necessity of subdivision approval (see subsection (b) above) if:

(A)

No additional lot is created;

(B)

The lot line adjustment involves only two (2) lots; and

(C)

The lot line adjustment does not impact the length of any boundary line or the area of either lot by more than fifteen (15) percent.

(3)

Lot Line Adjustment Review Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to review of an application for a lot line adjustment. Figure 2.5.2(c)(3) identifies key steps in the lot line adjustment review procedure.

Figure 2.5.2(c)(3): Summary of Lot Line Adjustment Review Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not Applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application and make a decision on the application based on the review standards in subsection (d)(4) below, The DRC's decision shall be one (1) of the following:

1.

Approval of the application; or

2.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. The applicant shall record all required documentation of the approved lot line adjustment in the public records of Orange County within 12 months of approval and prior to the submission of an application for a building permit on the lots subject to the lot line adjustments.

(4)

Lot Line Adjustment Review Standards. A lot line adjustment shall be approved only on a finding there is competent substantial evidence in the record that the following standards are met:

(A)

All lots that conform to the dimensional lot area standards of this LDC shall conform with those standards after the lot line adjustment;

(B)

If one lot is nonconforming, the lot line adjustment does not increase the nonconformity of the existing nonconforming lot or make the conforming lot nonconforming;

(C)

If both lots are nonconforming, the lot line adjustment does not increase the nonconformity of either lot; and

(D)

The proposed lot line adjustment complies with all other requirements of this LDC and other City regulations.

(d)

Lot Split.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for approving proposals to split a single lot into two (2) lots where such lot split would comply with the requirements for a minor subdivision. A lot split may, but is not required to, include the division of a single two-family (duplex) dwelling on a single lot into an optional conjoined dwelling on two (2) lots.

(2)

Applicability. Land that has never been subdivided, that meets the requirements of a minor subdivision in subsection (b)(3)(A) above, and that is proposed to be divided into two (2) lots may be subdivided in accordance with the procedures and standards of this section.

(3)

Lot Split Review Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to review of an application for a lot split. Figure 2.5.2(d)(3) identifies key steps in the lot split review procedure.

Figure 2.5.2(d)(3): Summary of Lot Split Review Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not Applicable.

(C)

Application Submission. Applicable, see Section 2.4.3. In addition, an applicant proposing to create an optional conjoined dwelling shall also:

1.

Include a request for approval of the optional conjoined dwelling in the application;

2.

Provide documentation that demonstrates the two-family (duplex) dwelling use is allowed in the zone district or is a legal nonconforming use;

3.

Provide documentation that demonstrates the unified parcel boundary for the optional conjoined dwelling conforms to the zone district regulations and development standards of this LDC, or is a legal nonconforming lot of record; and

4.

Attest that a declaration of covenants and restrictions has been executed by all holders of any interest in or lien upon the land upon which the optional conjoined dwelling is constructed, and will be recorded in the public records of Orange County following approval of the lot split. An applicant proposing an optional conjoined dwelling shall be responsible for any costs incurred from any review of the declaration by the City Attorney. The City shall have no responsibility to enforce, interpret, nor verify the enforceability of any provision within the declaration and shall have no liability or obligation with regard to any legal action or dispute arising from the declaration.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. Within 21 days of the date the application is determined complete, the DRC shall review and make a decision on the application based on the review standards in subsection (4) below, The DRC's decision shall be one (1) of the following:

1.

Approval of the application; or

2.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. The applicant shall record all required documentation in the public records of Orange County within 12 months of approval of the lot split and prior to the submission of an application for a building permit for development on a lot on which the lot split occurred.

(4)

Lot Split Review Standards. A lot split shall be approved only on a finding there is competent substantial evidence in the record that all of the following standards are met:

(A)

The proposed lot split and its general layout and design complies with all applicable standards in Article 5: Development Standards, and Article 6: Subdivision Standards.

(B)

The proposed lot split complies with all other applicable requirements of this LDC, the City Code, and other City regulations.

(C)

The proposed lot split is consistent with the comprehensive development plan; and

(D)

The requirements of subsection (3)(C) above have been met if the lot split will result in an optional conjoined dwelling.

(Ord. No. 1433, § 2, 10-14-24)

(a)

Sign Permit.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for ensuring that signs that require a permit in accordance with Section 5.14.3, Applicability, comply with the standards in Section 5.14, Signs.

(2)

Sign Permit Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a sign permit. Figure 2.5.3(a)(2) identifies key steps in the sign permit procedure.

Figure 2.5.3(a)(2): Summary of Sign Permit Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action.

1.

Applicable, see Section 2.4.5. Within ten (10) days of the date the application is determined complete, the Community Development Director shall review the application, receive a recommendation from the Public Works Director, and make a decision on the application based on the review standards in subsection (3) below. The Community Development Director's decision shall be one of the following:

a.

Approval of the application;

b.

Approval of the application subject to modifications and/or conditions of approval; or

c.

Denial of the application. A denial shall include a statement of the reasons for the denial.

2.

A failure to render a decision within ten (10) days of the date the application is determined complete shall be deemed a denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10, except the applicant shall be notified within the timeframe established in subsection (E) above.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition, a sign permit shall expire if no substantial physical action is taken to construct the sign approved by the sign permit within one hundred eighty (180) days of the date the sign permit is approved.

(3)

Sign Permit Review Standards. An application for a sign permit shall be approved only on a finding there is competent substantial evidence in the record that the application complies with Section 5.14, Signs, any adopted Master Sign Plan, all other applicable standards in this LDC, the City Code, all other City regulations, and the standards of the Florida Building Code.

(b)

Shoreline Alteration Permit.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for ensuring that shorelines along the City's lakes are maintained in accordance with the standards in Section 5.3.7, Shoreline Protection Standards.

(2)

Applicability.

(A)

Unless exempted in accordance with subsection (B) below, a shoreline alteration permit is required before altering any shoreline within the City. Activities which require a permit include digging or adding of fill which alters or changes the shoreline or existing topography of the shoreline or waterfront of any water body within the City, or any trimming, cutting, or removal of any shoreline or waterfront vegetation.

(B)

The following activities are exempt from the requirements of this section:

1.

Clearing the lesser of fifty (50) feet in width or fifty (50) percent of a shoreline frontage for an access corridor (the access corridor may be cleared of vegetation from the normal high-water elevation of the lake out to navigable open water);

2.

Clearing vegetation within the physical footprint of a dock, gazebo, or boathouse that the City has approved for construction;

3.

Lawn mowing, trimming of landscape, and other lawn maintenance activities which do not result in the clearing of vegetation below the normal high water elevation;

4.

Repair or maintenance of an existing stormwater or drainage control system; and

5.

Routine shoreline maintenance.

(3)

Shoreline Alteration Permit Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a shoreline alteration permit. Figure 2.5.3(b)(2) identifies key steps in the shoreline alteration permit procedure.

Figure 2.5.3(b)(2): Summary of Shoreline Alteration Permit Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4. In addition, a shoreline alteration permit application shall not be determined to be complete until the applicant has received all permits required for the proposed shoreline alternation from other governmental authorities having jurisdiction.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The Public Works Director shall review the application and make a decision on the application based on the review standards in subsection (4) below. The Public Works Director's decision shall be one (1) of the following:

1.

Approval of the application; or

2.

Approval of the application with modifications and/r conditions of approval; or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11.

(4)

Shoreline Alteration Permit Review Standards. An application for a shoreline alteration permit shall be approved only on a finding there is competent substantial evidence in the record that:

(A)

The application complies with Section 5.3.7, Shoreline Protection Standards, all other applicable standards in this LDC, the City Code, and all other applicable City regulations; and

(B)

The applicant has acquired all other permits required for the proposed shoreline alteration from other governmental authorities having jurisdiction.

(c)

Wetland Alteration Permit.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for ensuring that wetlands in the City are maintained in accordance with the standards in Section 5.3.8, Wetland Protection Standards.

(2)

Applicability.

(A)

Unless exempted in accordance with subsection (B) below, a wetland alteration permit (which includes a wetlands management plan) is required prior to engaging in any activity to remove, fill, drain, dredge, clear, destroy, or alter any part, portion, or entirety of any wetland protection zone.

(B)

The following activities are exempt from the requirements of this section:

1.

Non-mechanical removal of non-native or invasive wetland or buffer vegetation, provided the vegetation is removed from the wetland and disposed of on a suitable upland site outside of a wetland protection zone;

2.

Maintenance of existing structures that does not result in additional damage to the wetland protection zone;

3.

Clearing of walking trails that do not require fill and that do not exceed four feet in width;

4.

Overhead utility crossings;

5.

Maintenance and incidental dredge and fill activities in ditches, retention and detention areas, public roads and other rights-of-way, and other related drainage systems;

6.

Development where a federal, state, regional, or local agency completed dredge and fill or wetland application was tendered to said agency on or before May 8, 2017, or where said agencies have previously determined that no permit was required for a proposed development by May 8, 2016. A person aggrieved by the decision of the City on this issue may appeal directly to the City Council;

7.

Construction or alteration of a single-family dwelling;

8.

City maintenance; and

9.

Projects allowing access to, on, or through a wetland protection zone or wetlands including walkways, boardwalks, and trails.

(3)

Wetland Alteration Permit Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a wetland alteration permit. Figure 2.5.3(c)(2)(B)1 identifies key steps in the wetland alteration permit procedure.

Figure 2.5.3(c)(2)(B)1: Summary of Wetland Alteration Permit Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4. In addition, a wetland alteration permit application shall not be determined to be complete until the applicant has received all permits required in accordance with Section 5.3.8(e)(5).

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The Public Works Director shall review the application and make a decision based on the review standards in subsection (4) below. The Public Works Director's decision shall be one (1) of the following:

1.

Approval of the application as submitted;

2.

Approval of the application with modifications and/or conditions of approval; or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11.

(4)

Wetland Alteration Permit Review Standards. A wetland alteration permit shall be approved only on a finding there is competent substantial evidence in the record that the applicant has received permits from appropriate state and federal agencies authorizing the proposed activity, and that the proposed activity:

(A)

Would not adversely impact:

1.

The ability of the wetland to receive, store, and discharge surface water runoff so that it may contribute to hydrological stability and control of flooding and erosion;

2.

The ability of the wetland to recharge the groundwater as demonstrated by reliable available information;

3.

The ability of the wetland to provide filtration and nutrient assimilation from surface water runoff;

4.

The ability of the wetland to provide habitat and significant ecological function in the life cycle for fish, wildlife, or other forms of animal or plant life; and

5.

The ability of the wetland to function as an integral part of any waters, water body, or watercourse; and

(B)

Considers and appropriately accounts for the following:

1.

The cumulative impacts of the proposed alteration on the wetland system in combination with other developments previously permitted or constructed in the same drainage basin;

2.

The technical feasibility of any proposed wetland mitigation plan and the likelihood of success in restoring or replacing the environmental benefit altered by the development;

3.

The capacity of the existing wetland to provide environmental benefits because of such factors as maturity, size, degree of prior alteration, physical relationship to other water systems, and adjacent land uses;

4.

The degree or magnitude of the impact of the proposed alteration on the wetland and how such impact shall be minimized through mitigation measures, and recommendations concerning the appropriate location of the mitigation;

5.

Whether and the extent to which a proposed project is required to be located within a wetland or water body in order to perform the project's basic functions;

6.

Whether the wetlands impacted by the proposed activity are protected or used in a manner which does not adversely impact their beneficial functions;

7.

The ability of the wetland to continue to function after development is completed;

8.

Whether the proposed alteration and the wetland impacts are consistent with the policies in the comprehensive development plan; and

9.

The availability and feasibility of alternatives including:

a.

Avoiding the impact altogether by not taking a certain action or parts of an action;

b.

Minimizing the impact by limiting the degree or magnitude of the action or its implementation;

c.

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

d.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; or

e.

Mitigating the impact on-site by replacing or providing substitute resources or environments through creation of new wetlands, enhancement of existing wetlands, or reestablishment of wetlands which are no longer functioning due to significant alteration in the past.

(d)

Waterfront Structure Permit.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for ensuring that structures built along the waterfront in the City do not create boating hazards, minimize water pollution from stormwater runoff, preserve views of water from adjoining properties, and maintain the natural appearance of the shore to the maximum extent possible.

(2)

Applicability. A waterfront structure permit is required before construction of any stationary or floating boat dock, boathouse, boat ramp, boardwalk, observation deck, or seawall within the City, whether temporary or permanent, on all natural and artificial bodies of water, including bodies of water owned by the City.

(3)

Waterfront Structure Permit Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a waterfront structure permit. Figure 2.5.3(d)(3) identifies key steps in the waterfront structure permit procedure.

Figure 2.5.3(d)(3): Summary of Waterfront Structure Permit Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4. In addition, following the determination that the application is complete, the Public Works Director shall provide notice as follows:

1.

Notice shall be sent to the owners of the five (5) properties on each side of the applicant along the shoreline of the waterbody where the waterfront structure is proposed to be constructed. The owner names and addresses shall be those shown on the current ad valorem tax rolls of Orange County.

2.

The content of the notice shall:

a.

Identify the application;

b.

Describe the proposed waterfront structure;

c.

Identify the location of land subject to the application;

d.

Indicate how and where additional information about the application and review process may be obtained; and

e.

Identify a member of the City staff who may be contacted with questions or concerns about the application.

3.

The notice shall be sent via first-class certified mail, return receipt requested.

(E)

Staff Review and Action. Applicable, see Sec. 2.4.5. The Public Works Director shall review the application, and perform an onsite inspection. The Public Works Director shall make a decision on the application based on the review standards in subsection (4) below. The Public Works Director's decision shall be one of the following:

1.

Approval of the application as submitted;

2.

Approval of the application with modifications and/or conditions of approval; or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not Applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Sec. 2.4.11, excepting 2.4.11(a) Appeal. In addition, the Public Works Director shall provide notice of the decision to the property owners required to be notified in subsection (D) above via first-class certified mail.

1.

Waterfront Structure Appeal Procedure. Any person, including the applicant, may file a written objection with the city manager, within fifteen (15) calendar days of the date on which the city mailed the notices referred to in subsection (D) above. If no such notice of appeal is received within the fifteen-day period, then the ruling of reviewing staff shall be final. If an appeal is filed, such appeal shall be heard by the city council at their next available regular meeting. Notice of the appeal will be provided to the applicant, nearby property owners entitled to notification under subsection (D) above, and to persons who have objected in writing to the proposed Structure. At an advertised public hearing, the city council may affirm, reverse, or modify the decision of the reviewing staff. A copy of the decision of the city council will be sent via certified mail to the applicant and those who filed written objections to the permit.

(4)

Waterfront Structure Permit Review Standards. An application for a waterfront structure permit shall be approved only on a finding there is competent substantial evidence in the record that the standards listed in subsections (A) and (B) below are met:

(A)

Demonstrates the waterfront structure complies with the following standards:

1.

There is a minimum side setback of ten (10) feet from any property line that abuts shoreline property, measured at the point where the property lines intersect the lake elevation identified in Table 5.3.7(d)(2): Normal High Water Elevations.

2.

The structure length does not unreasonably interfere with the riparian or littoral rights of other persons and property, including but not limited to navigation, lake access, and safety issues. In no event shall a boat dock exceed a distance of fifty (50) feet into the lake (measured from the lake elevation identified in Table 5.3.7(d)(2): Normal High Water Elevations) unless otherwise approved by City Council as part of a planned development or development agreement.

3.

The structure is not built on, over, or under areas which constitute easements for ingress or egress, conservation, or for drainage.

4.

The structure is not used for living purposes.

5.

The structure complies with the following minimum and maximum height requirements, with reference to the lake elevation identified in Table 5.3.7(d)(2): Normal High Water Elevations, unless exceptions are approved by City Council as part of a planned development or development agreement:

a.

Boat docks and boardwalks shall have a minimum finished floor at least one foot above the lake elevation, and a maximum waterward finished floor of no more than two (2) feet above lake elevation.

b.

Observation decks shall have a minimum finished floor at least one (1) foot above the lake elevation, and a maximum waterward finished floor of no more than ten (10) feet above lake elevation.

c.

Except for seawalls, the maximum finished floor of any structure landward shall not exceed two (2) feet above existing grade.

d.

The maximum boathouse height shall not exceed thirteen (13) feet above lake elevation, and must have a pitched roof.

6.

The terminal platform of any boathouse, boat dock, boat slip, boardwalk (not including the main access walkway), or other structure does not exceed eight hundred (800) square feet in total area, does not exceed 30 feet in width, and has no enclosed areas. (These standards apply unless exceptions are approved by City Council as part of a planned development or development agreement.)

7.

The width of the landward portion of any structure does not exceed seventy-two (72) inches.

8.

The width of the waterward portion of any structure is at least forty-four (44) inches, except a minimum width of seventeen (17) inches shall be required for secondary access around boathouses or boat slips.

9.

Boards used to construct the surface of the structure, whether landward or waterward, shall not exceed eight inches in width and shall be spaced at least one-quarter (¼) inch apart.

10.

An electrical permit is obtained before installing any electrical device.

11.

Except for seawalls, the natural shoreline is not changed in the construction of the structure.

12.

During construction:

a.

No soil or sediments shall be allowed to enter a waterway from adjacent upland areas.

b.

No sediments within a water body which are disturbed in the process of construction of waterfront structures shall be allowed outside of the approved containment area identified in the permit.

c.

Floating turbidity barriers and upland erosion controls shall be installed and approved prior to any other activity, including any site preparation or demolition.

13.

If the structure is a seawall:

a.

It shall not be constructed on the lake side of the elevation identified in Table 5.3.7(d)(2): Normal High Water Elevations.

b.

It shall have received a permit from DEP prior to application for a waterfront structure permit.

c.

The vertical height shall not exceed the 100-year flood elevation identified in Table 5.3.7(d)(2): Normal High Water Elevations.

d.

Existing seawalls requiring maintenance and repair shall be faced with rip-rap for stabilization and prevention of undercutting and erosion.

e.

New vertical seawalls are prohibited except along canals or stream banks that do not allow sufficient area for sloped seawalls.

f.

Sloped riprap type structures or geotextile tube-type structures that allow wave energy to dissipate, and allow shoreline vegetation to propagate, may be permitted; and

14.

House numbers are prominently displayed.

(B)

Demonstrates that the waterfront structure will not have any of the following significant impacts:

1.

Obstruction to navigability;

2.

Hazard or safety conditions; or

3.

Unreasonable interference with the riparian or littoral rights of other property owners. "Unreasonable interference" shall include but not be limited to:

a.

Proximity to docks of abutting property owners;

b.

Access for boaters and swimmers; and

c.

Any unusual configuration of the shoreline, which would cause the proposed dock to restrict access to sections of the waterway, or impair visibility of the lake from living areas of abutting properties.

(e)

Vegetation and Tree Removal Permit.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for ensuring that existing vegetation in the City is maintained and only removed in accordance with the standards in Section 5.5, Vegetation Removal, and that development complies with the standards for tree coverage and protection in Section 5.6, Residential Tree Protection.

(2)

Applicability.

(A)

Except as exempted in accordance with subsection (B)1 below, a vegetation and tree removal permit is required in the following circumstances:

1.

For all development on land other than single-family, two-family (duplex), three-family, and four-family dwellings, before any vegetation outside the shoreline protection zone (see Section 5.3.7, Shoreline Protection Standards) is removed or destroyed.

2.

On a lot on which there is located a single-family, two-family (duplex), three-family, or four-family dwelling, before any tree is removed.

(B)

The following actions are exempt from the requirements of this section:

1.

Removal of vegetation or a tree if the vegetation or tree endangers health, safety, or property in a manner that requires immediate removal. In such cases, the Public Works Director shall provide verbal approval, and subsequent to the removal of the vegetation or tree, a vegetation and tree removal permit shall be issued in accordance with this subsection (e).

2.

Tree removal on residential property when the land owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property, in accordance with Section 163.045, Fla Stat.;

3.

Tree removal when the tree proposed to be removed is listed in Section 5.3.4(g)(8), Prohibited Species;

4.

Tree removal during City-declared emergencies when the City Manager waives the permitting requirements for trees that pose an imminent threat to health, safety, or property, so as not to hamper public and/or private work to restore order; and

5.

Tree removal when 48 hours advance notification has been given to the City in the following circumstances:

a.

Removal by a public utility of a tree that may achieve a height greater than 14 feet in an established electric utility right-of-way, or that intrudes from the side of the electric utility right-of-way closer than the clearance distance specified in Table 2 of ANSI Z133.1 for lines affected by the North American Electric Reliability Council Standard, FAC 003.1 requirement R1.2; or

b.

Tree pruning or trimming conducted by an electric utility in conformance with ANSI A300 (Part I) pruning standards and ANSI Z133.1 Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush—Safety Requirements.

(3)

Vegetation and Tree Removal Permit Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a vegetation and tree removal permit. Figure 2.5.3(e)(3) identifies key steps in the vegetation and tree removal permit procedure.

Figure 2.5.3(e)(3): Summary of Vegetation and Tree Removal Permit Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3. The application shall be for multiple parcels only if the parcels are contiguous and under the same ownership.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The Public Works Director shall review the application and make a decision on the application based on the review standards in subsection (4) below. The Public Works Director's decision shall be one (1) of the following:

1.

Approval of the application as submitted;

2.

Approval of the application with modifications and/or conditions of approval; or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. If replacement of vegetation in accordance with Section 5.5.3, Vegetation Relocation or Replacement, Is not accomplished within 90 days of permit issuance, the applicant shall be deemed in violation of this LDC and subject to the enforcement provisions of Article 9: Enforcement.

(4)

Vegetation and Tree Removal Permit Review Standards.

(A)

A vegetation and tree removal permit authorizing removal of vegetation shall be issued with respect to the removal of the vegetation on land that does not contain a single-family, two-family (duplex), three-family, or four-family dwelling unit only on a finding there is competent substantial evidence in the record that:

1.

The landscaping proposed to be installed as part of site landscape plan will improve the environment compared to the existing site conditions;

2.

Issuance of the permit is consistent with the purpose and intent of Section 5.3, Landscape, Buffer, and Tree Protection Standards;

3.

One of the following circumstances apply:

a.

Due to natural circumstances, a tree is no longer viable or is in danger of falling;

b.

The vegetation's proximity to an existing structure endangers the structure;

c.

The vegetation interferes with utility services;

d.

The vegetation creates unsafe vision clearance, such as within the sight triangle; or

e.

The vegetation constitutes a health hazard; and

4.

The applicant proposes relocation or replacement in accordance with Section 5.5.3, Vegetation Relocation or Replacement, within 90 days of permit issuance.

(B)

A vegetation and tree removal permit authorizing removal of trees shall be issued with respect to the removal of the trees on a lot with a single-family, two-family (duplex), three-family, or four-family dwelling unit only on a finding there is competent substantial evidence in the record that:

1.

The quantity and caliper of trees remaining on the site comply with the standards of Section 5.6.3, Required Tree Quantities; or

2.

A unique lot configuration, geographic feature, or other constraint exists; the applicant has demonstrated that the site features prevent full compliance with the requirements of Section 5.6, Residential Tree Protection; and the application includes an alternate landscape plan that demonstrates compliance with the requirements of Section 5.6 to the maximum extent practicable.

(f)

Right-of-Way/Public Easement Abandonment.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for the review of rights-of-way or public easements that are proposed to be closed, vacated, or abandoned, in a manner that ensures coordination with the utility needs and public interests of the City, and compliance with the Florida Statutes.

(2)

Applicability. Any person other than the City proposing to close, vacate, or abandon a right-of-way or public easement in the City shall receive approval of Right of Way/Utility Easement Abandonment in accordance with the procedures and standards of this section, prior to the closing, vacation, or abandonment of the right-of-way or public easement.

(3)

Right-of-Way/Public Easement Abandonment Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an application for Right-of-Way/Public Easement Abandonment. Figure 2.5.3(f)(3) identifies key steps in the right-of-way/public easement abandonment permit procedure.

Figure 2.5.3(f)(3): Summary of Right-of-Way/Public Easement Abandonment Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (4) below.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The City Council shall review the application at a quasi-judicial public hearing and make a decision based on the review standards in subsection (4) below. The City Council's decision shall be one of the following:

1.

Approval of the application;

2.

Approval of the application with modifications and/or conditions of approval; or

3.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11.

(4)

Right-of-Way/Public Easement Abandonment Review Standards. A request to close, vacate, or abandon a right-of-way or public easement shall be approved only on a finding there is competent substantial evidence in the record that all of the following standards are met:

(A)

The right-of-way or public easement is no longer required for public use and the abandonment will not adversely affect the City.

(B)

The closing, vacation, or abandonment will not hinder public access to a body of water.

(C)

All utilities or other entities that use the right-of-way or public easement do not object to the proposed closing, vacation, or abandonment.

(g)

Short-Term Rental Unit Certificate.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism for issuance of a short-term rental certificate.

(2)

Applicability. A short-term rental certificate is required before operating any short-term rental unit.

(3)

Short-Term Rental Unit Certificate Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an application for a short-term rental unit certificate. Figure 2.5.3(g)(3) identifies key steps in the short-term rental unit certificate procedure.

Figure 2.5.3(g)(3): Summary of Short-Term Rental Unit Certificate Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The Community Development Director shall review the application, conduct the inspection required by Section 4.2.4(d)(6)(B)5, Inspections, and make a decision on the application based on the review standards in subsection (4) below. The Community Development Director's decision shall be one (1) of the following:

1.

Approval of the application;

2.

Approval of the application with modifications and/or conditions of approval; or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

Any short-term rental unit certificate shall apply only to the dwelling unit described in the application.

2.

An amendment to a short-term rental unit certificate is necessary when there is an increase in the gross square footage of the unit, the number of sleeping areas/bedrooms, or overall occupancy. No modifications in facility usage may occur until after a City inspection. Short-term rental use is not permitted while a building permit for the dwelling unit expansion is open and until the amendment of the certificate is approved by the City. If the existing certificate is still valid, there is no fee for an amendment to the certificate. However, if the certificate has expired, a new application and fee is required.

(4)

Short-Term Rental Unit Certificate Review Standards. An application for a short-term rental unit certificate shall be approved only on a finding there is competent substantial evidence in the record that:

(A)

The standards in Section 4.2.4(d)(6)(B)2, Certificate Standards are met;

(B)

The applicant demonstrates proof of liability insurance coverage on the short-term rental unit.

(C)

The applicant demonstrates that the owner of the short-term rental unit is a permanent resident of either the proposed short-term rental unit or a dwelling unit within the same two-family (duplex) dwelling, three-family dwelling, or four-family dwelling as the proposed short-term rental unit. Permanent residency shall be proven through a copy of a valid, current government-issued I.D. showing the unit address or two (2) months of bills sent to the owner or host-stay contact at the unit address within the previous four months.

(h)

Floodplain Development Permit. A floodplain development permit shall only be issued in accordance with the procedures in Section 5.7.4, Floodplain Development Permit.

(Ord. No. 1407, §§ 2, 4, 9-12-22)

(a)

Zoning Variance.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism to allow variances from certain of the dimensional standards (such as yard setback and lot area in Article 3: Zone Districts) and development standards (in Article 5: Development Standards) of this LDC when literal application of those requirements would result in unnecessary hardship.

(2)

Applicability.

(A)

Available Variances. An applicant may apply for a zoning variance to secure relief from the following standards:

1.

The numerical dimensional standards in Article 3: Zone Districts, except for minimum lot size requirements.

2.

The numerical standards that apply to uses in Article 4: Use Regulations.

3.

The following numerical standards in Article 5: Development Standards.

a.

Section 5.1.4(b)(1), Vehicular Cross-Access;

b.

Section 5.1.4(b)(2), Pedestrian Cross-Access;

c.

Section 5.2.4(d), Dimensional and Marking Standards;

d.

Section 5.2.5, Off-Street Vehicular Parking Standards;

e.

Section 5.2.6, Vehicle Stacking Standards; and

f.

Section 5.2.8(a), Minimum Number of Off-Street Loading Berths.

(B)

Variances Not Permitted. Variances through the zoning variance procedure are not permitted for the following:

1.

The uses allowed in a zone district in Article 4: Use Regulations (including Table 4.2.2: Principal Use Table, Table 4.3.2(e): Accessory Use and Structure Table, and Table 4.4.2(c): Temporary Use and Structure Table). No principal use or accessory or temporary structure or use shall be permitted in a zone district where it is prohibited.

2.

The standards of Section 5.7, Flood Damage Prevention (variances from the standards in that section are available in accordance with Section 5.7.7, Variances and Appeals).

(3)

Zoning Variance Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to a zoning variance application. Figure 2.5.4(a)(2) identifies key steps in the zoning variance procedure.

Figure 2.5.4(a)(2): Summary of Zoning Variance Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Optional, see Section 2.4.2.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC reviews the application and prepares a staff report based on the review standards in subsection (4) below.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The P&Z shall review the application at a quasi-judicial public hearing and make a decision based on the review standards in subsection (4) below. The P&Z's decision shall be one of the following:

1.

Approval of the application;

2.

Approval of the application subject to modifications and/or conditions of approval; or

3.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

Unless it expires (See Section 2.4.11(b), Lapse of Development Order), or is revoked (see Section 9.5.4(d)(2), Revocation of Development Order or Permit), a recorded development order approving a zoning variance, including any conditions of approval, shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership.

2.

Approval of a zoning variance does not exempt the applicant from the responsibility to obtain all other development approvals and permits required by the LDC and any other applicable laws, and does not indicate that the development for which the zoning variance is granted should necessarily receive approval of other applications required under the LDC unless the relevant and applicable portions of the LDC or any other applicable laws are met.

(4)

Zoning Variance Review Standards. A zoning variance shall be approved only on a finding there is competent substantial evidence in the record that all of the following standards are met. The existence of nonconforming uses of lands, structures, or buildings shall not be considered as grounds for the authorization of a zoning variance:

(A)

There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the zoning variance is sought, that do not generally apply to other lands or structures in the vicinity.

(B)

Those extraordinary and exceptional conditions are not the result of the actions of the landowner.

(C)

Because of those extraordinary and exceptional conditions, the application of this LDC to the land or structure for which the zoning variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship.

(D)

The zoning variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated.

(E)

The extent of the zoning variance is the minimum necessary to allow a reasonable use of the land or structure.

(F)

The zoning variance is in harmony with the general purpose and intent of this LDC and preserves its spirit.

(G)

The zoning variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare.

(H)

The zoning variance is consistent with the comprehensive development plan.

(b)

Waiver.

(1)

Purpose. Because of the individual and unique characteristics of development in the Maitland West Side (WS) and Downtown Maitland (DM) zone districts, and the City's goal of supporting the desired types of development character and form established in the WS and DM districts, this section establishes a uniform mechanism for waiver from specific standards established in the WS district in Section 3.3.4(c), Intensity and Dimensional Standards, and Section 3.3.4(e), Design and Form Standards, and specific standards established in the DM district in Section 3.3.5(c), Intensity and Dimensional Standards, and Section 3.3.5(e), Design and Form Standards, in accordance with the procedures and standards of this section.

(2)

Applicability.

(A)

Waivers to standards in the WS district may be requested in accordance with this section for the standards identified in Table 2.5.4(b)(2)(A): Allowable WS Zone District Waivers, up to the limits set forth in the table.

(B)

Waivers to standards in the DM zone district may be requested in accordance with this section for the standards identified in Table 2.5.4(b)(2)(A): Allowable DM Zone District Waivers, up to the limits set forth in the table.

(C)

Waivers may be approved when nonconforming structures (see Article 8: Nonconformities) will be enlarged or altered as a result of the waiver.

(3)

Waiver Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an application for wavier of WS or DM zone district requirements. Figure 2.5.4(b)(3) identifies key steps in the waiver procedure.

Figure 2.5.4(b)(3): Summary of Waiver Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application. Each requested waiver shall be evaluated separately. If the P&Z is the decision-making body in accordance with Table 2.5.4(b)(2)(A): Allowable WS Zone District Waivers, or Table 2.5.4(b)(2)(B): Allowable DM Zone District Waivers, the DRC shall make a recommendation on the application based on the review standards in subsection (4) below. If the DRC is the decision-making body, the DRC shall review the application and make a decision based on the review standards in subsection (4) below. The DRC's decision on each waiver request shall be one (1) of the following:

1.

Approval of the waiver;

2.

Approval of the waiver subject to modifications and/or conditions of approval (including but not limited to approval of a lesser waiver than requested); or

3.

Denial of the waiver.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7, if the decision is made by the P&Z.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. If the P&Z is the decision-making body in accordance with Table 2.5.4(b)(2)(A): Allowable WS Zone District Waivers, or Table 2.5.4(b)(2)(B): Allowable DM Zone District Waivers, the P&Z shall review the application and make a decision based on the review standards in subsection (4) below. The decision on each waiver request shall be one of the following:

1.

Approval of the waiver;

2.

Approval of the waiver subject to modifications and/or conditions of approval (including but not limited to approval of a lesser waiver than requested); or

3.

Denial of the waiver.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. An approved waiver and any conditions of approval shall be included on the face of or attached to the development order or permit and development plan.

(4)

Waiver Review Standards. An application for waiver of WS or DM zone district requirements shall be approved only if there is competent substantial evidence in the record that all of the following standards are met:

(A)

The requested waiver is allowed by Table 2.5.4(b)(2)(A): Allowable WS Zone District Waivers, or Table 2.5.4(b)(2)(B): Allowable DM Zone District Waivers, as applicable.

(B)

The requested waiver is consistent with the comprehensive development plan.

(C)

The requested waiver is generally consistent with the purpose of this LDC and the standards of the applicable zone district.

(D)

For proposals in the DM zone district, the requested waiver is generally consistent with the Downtown Maitland Master Plan.

(E)

For proposals in the WS zone district, the requested waiver is generally consistent with the West Side Redevelopment Plan.

(F)

Compliance with the requirement from which the waiver is requested is technically impractical or undesirable based on site conditions, or approval of the waiver will result in superior design.

(G)

The grant of a waiver will better achieve the purposes of the applicable zone district and the purposes and intent of this LDC.

(H)

The requested waiver will not have a materially negative impact on adjacent and surrounding uses, or mitigation is proposed that will address any negative impacts created by the waiver.

(I)

The requested waiver will not have a materially negative effect on the public health, safety, and welfare.

(c)

Administrative Adjustment.

(1)

Purpose. The purpose of this section is to establish a uniform mechanism to allow minor adjustments or modifications from certain dimensional or development standards of the LDC, based on specific standards, in order to better accomplish the purposes of the LDC.

(2)

Applicability. Administrative adjustments may be requested and granted in accordance with this section for the standards identified in Table 2.5.4(c)(2): Allowable Administrative Adjustments, up to the limits set forth in the table.

(3)

Administrative Adjustment Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an administrative adjustment application. Figure 2.5.4(c)(3) identifies key steps in the administrative adjustment procedure.

Figure 2.5.4(c)(3): Summary of Administrative Adjustment Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The Community Development Director reviews the application in conjunction with the Public Works Director and makes a decision based on the review standards in subsection (4) below. The Community Development Director's decision shall be one (1) of the following:

1.

Approval of the application;

2.

Approval of the application subject to modifications and/or conditions of approval (including but not limited to approval of a lesser modification than requested); or

3.

Denial of the application.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Not applicable.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10. In addition, the Community Development Director shall provide written notice of the decision to adjacent property owners by first-class mail. The notice shall contain information about the process to appeal the decision, in accordance with Section 2.5.4(d)Appeals to City Council, including the applicable time limitations in Section 2.5.4(d)(3)(C), Application Submission. A copy of the decision, along with a narrative of the relief sought and granted, shall be sent electronically to the City Manager and City Council.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11. In addition:

1.

Unless it expires (See Section 2.4.11(b), Lapse of Development Order), or is revoked (see Section 9.5.4(d)(2), Revocation of Development Order or Permit), a recorded development order approving an administrative adjustment, including any conditions of approval, shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership.

2.

Approval of an administrative adjustment does not exempt the applicant from the responsibility to obtain all other development approvals and permits required by the LDC and any other applicable laws, and does not indicate that the development for which the administrative adjustment is granted should necessarily receive approval of other applications required under the LDC unless the relevant and applicable portions of the LDC or any other applicable laws are met.

(4)

Administrative Adjustment Review Standards. An application for administrative adjustment shall be approved only on a finding there is competent substantial evidence in the record that all of the following standards are met:

(A)

The proposed administrative adjustment is permitted by Table 2.5.4(c)(2): Allowable Administrative Adjustments;

(B)

The proposed administrative adjustment:

1.

Is required to compensate for some unusual aspect of the development site;

2.

Supports an objective from the purpose statements of the zone district where the adjustment is proposed to be located;

3.

Proposes to protect sensitive natural resources, protect water source quality, or manage water source demand; or

4.

Proposes to save healthy existing trees;

(C)

The proposed administrative adjustment is consistent with the comprehensive development plan;

(D)

The proposed administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible uses or development;

(E)

Any adverse impacts resulting from the proposed administrative adjustment will be mitigated to the maximum extent practicable; and

(F)

The proposed administrative adjustment will not substantially interfere with the convenient and enjoyable use and development of adjacent lands, and will not pose a danger to the public health or safety.

(d)

Appeals to City Council.

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for the appeal of certain decisions under this LDC to the City Council.

(2)

Types of Appeal. A party aggrieved or adversely affected by decisions on any of the following applications may appeal the decision to the City Council in accordance with this section (see Table 2.2: Suggested Development Review Procedures):

(A)

Sign permit appeals from the P&Z, see Sec. 2.5.3(a);

(B)

Shoreline alteration permits, see Sec. 2.5.3(b);

(C)

Wetland alteration permits, see Sec. 2.5.3(c);

(D)

Vegetation and tree removal permit appeals, see Sec. 2.5.3(e).

(E)

Short-Term Rental Unit Certificate, see Sec. 2.5.3(g);

(F)

Floodplain development permits, see Sec. 2.5.3(h);

(G)

Zoning variance, see Sec. 2.5.4(a);

(H)

Administrative adjustments, see Sec. 2.5.4(c); and

(I)

Interpretations, see Sec. 2.5.5.

(3)

Appeals to City Council Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an appeal to City Council. Figure 2.5.4(d)(3) identifies key steps in the appeals procedure.

Figure 2.5.4(d)(3): Summary of Appeals to City Council Procedure

(A)

Pre-Application Conference. Not applicable.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3. An appeal application shall be submitted to the Community Development Director within thirty (30) days after the date of the decision being appealed. The appeal application shall include:

1.

A statement of the decision to be reviewed, and the date of the decision;

2.

A statement of the interest of the person seeking review; and

3.

The specific error alleged as the grounds of the appeal.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Not applicable. Instead, on accepting an appeal application, the Community Development Director shall transmit the application and all documents and other written materials relating to the appealed decision to the City Council. These materials, plus the comprehensive development plan, other applicable City adopted plans, and this LDC, shall constitute the record of the appeal.

(F)

Scheduling of Public Hearing and Notification. Not applicable.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7. In addition, the public hearing shall be on the record of the appeal, with presentations limited to arguments on the record of the appeal as it relates to the grounds for appeal specified in the appeal application.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision.

1.

Applicable, see Section 2.4.9. The City Council shall consider the appeal at a quasi-judicial public hearing and make a decision based on the review standards in subsection (4) below. The City Council shall have the authority to hear argument on behalf of any party.

2.

The City Council shall base its decision solely on the record of the appeal, as supplemented by arguments presented at the public hearing.

3.

The final decision shall be one of the following:

a.

Affirmation of the decision or interpretation being appealed (in whole or in part);

b.

Modification of the decision or interpretation being appealed (in whole or in part);

c.

Reversal of the decision or interpretation being appealed (in whole or in part); or

d.

Remand of the appeal back to the decision-making person or body appealed from, with direction for further action.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Not applicable.

(4)

Appeals to City Council Review Standards. The City Council may modify or reverse (in whole or in part) the decision or interpretation being appealed only on finding there is competent substantial evidence in the record of the appeal that a clear and demonstrable error was made in the decision or interpretation.

(5)

Effect of Pending Appeal. A pending appeal stays all City actions in furtherance of the decision being appealed unless the Community Development Director certifies to the City Council that because of facts stated in the certificate, a stay would cause imminent peril to life or land. In that case, proceedings shall not be stayed other than by an order issued by the City Council.

(e)

Appeals to Planning & Zoning Commission (P&Z).

(1)

Purpose. The purpose of this section is to provide a uniform mechanism for the appeal of certain decisions under this LDC to the P&Z.

(2)

Types of Appeal. A party aggrieved or adversely affected by decisions on any of the following applications may appeal the decision to the P&Z in accordance with this section (see Table 2.2: Suggested Development Review Procedures):

(A)

Sign permits, see Section 2.5.3(a).

(3)

Appeals to P&Z Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an appeal to the P&Z. Figure 2.5.4(e)(3) identifies key steps in the appeals procedure.

Figure 2.5.4(e)(3): Summary of Appeals to P&Z Procedure

(A)

Pre-Application Conference. Not applicable.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3. An appeal application shall be submitted to the Community Development Director within thirty (30) days after receipt of notice of the decision being appealed. The appeal application shall include:

1.

A statement of the decision to be reviewed, and the date of the decision;

2.

A statement of the interest of the person seeking review; and

3.

The specific error alleged as the grounds of the appeal.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Not applicable. Instead, on accepting an appeal application, the Community Development Director shall transmit the application and all documents and other written materials relating to the appealed decision to the P&Z. These materials, plus the comprehensive development plan, other applicable City adopted plans, and this LDC, shall constitute the record of the appeal.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7. The public hearing shall be on the record of the appeal, with presentations limited to arguments on the record of the appeal as it relates to the grounds for appeal specified in the appeal application.

(H)

Advisory Board Review and Recommendation. Not applicable.

(I)

Decision-Making Body Hearing, Review, and Decision.

1.

Applicable, see Section 2.4.9. The P&Z shall consider the appeal at a quasi-judicial public hearing and make a decision based on the review standards in subsection (4) below. The P&Z shall have the authority to hear argument on behalf of any party.

2.

The P&Z shall base its decision solely on the record of the appeal, as supplemented by arguments presented at the public hearing.

3.

The final decision shall be one of the following:

a.

Affirmation of the decision being appealed (in whole or in part);

b.

Modification of the decision being appealed (in whole or in part);

c.

Reversal of the decision being appealed (in whole or in part); or

d.

Remand of the appeal back to the decision-making person appealed from, with direction for further action.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Not applicable.

(4)

Appeals to P&Z Review Standards. The P&Z may modify or reverse (in whole or in part) the decision being appealed only on finding there is competent substantial evidence in the record of the appeal that a clear and demonstrable error was made in the decision.

(5)

Effect of Pending Appeal. A pending appeal stays all City actions in furtherance of the decision being appealed unless the Community Development Director certifies to the P&Z that because of facts stated in the certificate, a stay would cause imminent peril to life or land. In that case, proceedings shall not be stayed other than by an order issued by the P&Z.

(f)

Vested Rights Determination.

(1)

General. This section provides a procedure for the City Council to issue a determination authorizing an exception to the otherwise applicable provisions of the comprehensive development plan or this LDC where the City Council finds that the applicant has demonstrated the existence of a preexisting vested right to commence and complete a specific level, type, nature, density, intensity, or other form of development.

(2)

Applicability.

(A)

Any person with an ownership interest in land in the City may file an application for a vested rights determination that documents whether the applicant's right to commence and complete a specific type, level, nature, intensity, density, or other form of development on that parcel of land has vested under the provisions of this section.

(B)

Anyone claiming a vested right to commence and complete any type, level, nature, intensity, or other form of development of a specific parcel of land, who does not file an application for determination under this section within two (2) years of the effective date of an amendment to the LDC that changes the zone district classification or the land uses allowed on the land, or otherwise materially and adversely affects the applicant's land (or portion thereof) so as to prohibit the nature, type, level, intensity, density or other form of development, in whole or in part, shall be deemed to have waived the right to seek such a determination.

(3)

Vested Rights Determination Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to an application for vested rights determination. Figure 2.5.4(f)(3) identifies key steps in the vested rights determination procedure.

Figure 2.5.4(f)(3): Summary of Vested Rights Determination Procedure

(A)

Pre-Application Conference. Optional, see Section 2.4.1.

(B)

Neighborhood Meeting. Not applicable.

(C)

Application Submission. Applicable, see Section 2.4.3. In addition to any application requirements established by the Community Development Director in accordance with Section 2.4.3(c), Application Contents and Form, the submission shall include an affidavit executed by the applicant under penalty of perjury before a notary public attesting to the truth, accuracy, and veracity of the application and all attachments.

(D)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4.

(E)

Staff Review and Action. Applicable, see Section 2.4.5. The DRC shall review the application, prepare a staff report, and make a recommendation on the application based on the review standards in subsection (4) below.

(F)

Scheduling of Public Hearing and Notification. Applicable, see Section 2.4.6.

(G)

Public Hearing Procedures. Applicable, see Section 2.4.7.

(H)

Advisory Board Review and Recommendation. Applicable, see Section 2.4.8. The P&Z reviews the application at a standard public hearing and makes a recommendation based on the review standards in subsection (4) below.

(I)

Decision-Making Body Hearing, Review, and Decision. Applicable, see Section 2.4.9. The City Council shall review the application at a standard public hearing and make a decision based on the review standards in subsection (5) below. The City Council's decision shall be one of the following:

1.

Approval of the application;

2.

Approval of the application subject to modifications and/or conditions of approval); or

3.

Denial of the application.

(J)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(K)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11.

(4)

Vested Rights Determination Review Standards. The DRC and the P&Z shall make a recommendation on an application for vested rights determination based on a consideration of the following:

(A)

Whether there has been an act or omission to act by the City;

(B)

What City official acted or omitted to act and the personnel rank, job duties, or official position of the official;

(C)

Whether the City official acted or omitted to act within the course and scope of the official's personnel rank, job duties, and official position;

(D)

The nature and date of the act committed, or the nature and approximate date of the omission to act;

(E)

Whether the applicant made a substantial change in position or has an investment-backed expectation, based upon the City's act or omission to act;

(F)

The nature of the applicant's change in position or investment-backed expectation, including expenditure of money or obligation to incur expenditures, acts committed which represent a change in position, and dates of the expenditures or other acts;

(G)

The applicant's good faith in substantially changing position, or in incurring extensive obligations and expenses based upon the City's actions or omissions to act;

(H)

Any acts of the applicant (and the dates thereof) associated with physical improvements on the land in question such as grading, dedication of land to the City or any other governmental entity, payment of fees such as impact fees, installation of utility infrastructure or public improvements, or the design of specific buildings and improvements to be constructed on the site;

(I)

The extent to which the applicant has secured building permits for, and commenced or completed, the construction of subdivision improvements and buildings upon part but not all of the development that was contemplated to extend over a period of months or years;

(J)

Whether the applicant, prior to or on the date of notice of an applicable amendment to this LDC, has made contractual commitments to complete structures and deliver title or occupancy of those structures, and the dates of and amounts of money involved in any such commitments;

(K)

Whether prior to or on the date of notice of an applicable amendment to this LDC, the comprehensive development plan, or any other City Code provision, the applicant incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant will be unable to meet, or that it would be inequitable and unjust to require the applicant to meet, unless the applicant is permitted to proceed with the previously permitted type, nature, level, density, intensity or other form of development;

(L)

Whether enforcement of the terms of the current comprehensive development plan or this LDC will expose the applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on investment in the land;

(M)

Whether the applicant has a vested right to commence and complete a proposed development or portion of a proposed development on all or a portion of the applicant's property;

(N)

Whether the applicant owned an interest in the parcel of land proposed to be developed on the date of notice of a change in this LDC and that the specific nature, type, level, density, intensity, or other form of development proposed for the parcel of land was lawful and permitted at that time;

(O)

That the applicant has continuously owned the parcel of land since the date of notice of change in this LDC until the date of the public hearing before the City Council on this application; and

(P)

Any other information relevant to discerning the applicant's claim to vested rights to develop land in a particular manner that may be pertinent under state or federal law, including the existence of an imminent peril to the public health, safety, welfare, economic prosperity, general order, aesthetics, or appearance which should preclude affording the applicant a vested rights permit.

(5)

Vested Rights Determination Decision Standards. The City Council shall issue a vested rights determination that recognizes that the applicant's right to commence or complete construction or development of a type, level, nature, density, intensity, or other form of development, on all or part of a parcel of land, is vested only on a finding there is competent substantial evidence in the record that all of the following standards are met:

(A)

The current comprehensive development plan or this LDC complained of by the applicant as being counter to the applicant's vested right to commence and complete construction of a certain level, type, nature, density, intensity, or other form of development, has a material and adverse effect upon the applicant's vested right to develop the subject parcel of land;

(B)

By application of the considerations set out in subsection (4) above, the applicant in good faith and based upon some act or omission of the City has made such substantial change in position or has an investment-backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence and complete a certain level, type, nature, density, intensity, or other form of development upon all or a portion of the applicant's land;

(C)

Requiring that the applicant's land be developed in accordance with the current comprehensive development plan or the applicable LDC restrictions will, considering the substantial change in position of the applicant or the creation of an investment-backed expectation prior to or on the date on which the applicant was subject to a notice of change in the comprehensive development plan or applicable LDC provisions, deprive the applicant of a reasonable rate of return on the applicant's investment or substantial change in position, or otherwise unjustly deprive the applicant of vested rights. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment:

1.

Expenditures for professional services that are unrelated to the design or construction of the improvements for the level, type, nature, density, intensity, or other form of development proposed to be vested;

2.

Expenditures for taxes, except for any increases in tax expenditures which result from issuance of a development order which would now be contrary to the current comprehensive development plan or applicable LDC provisions;

3.

Expenditures which the applicant has allocated to the particular proposed development, but which the applicant would have been obligated to incur as an ordinary and necessary business expense (for example, employees' salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated or a development order not been issued, for the type, level, nature, density, intensity, or other form of development now claimed by the applicant to be vested; and

(D)

The fact that the property has been or is in a zone district or a land use classification in the current comprehensive development plan, or any prior comprehensive development plan or LDC, shall not, in and of itself, establish that an applicant's right to commence and complete construction of a certain level, type, nature, density, intensity, or other form of development has been vested. If it is determined that there is imminent peril to the public health, safety, welfare, general order, economic prosperity, aesthetics, or appearance or that the public cost outweighs the applicant's vested rights, the determination may be denied.

(Ord. No. 1407, § 5, 9-12-22; Ord. No. 1433, § 3, 10-14-24)

(a)

Purpose. The purpose of this section is to provide a uniform mechanism for issuing formal written interpretations of the LDC.

(b)

Applicability. The Community Development Director shall be responsible for making formal written interpretations of all provisions of the LDC—including but not limited to interpretations of the text of the LDC, the zone district boundaries, compliance with conditions of approval, and whether an unspecified use falls within a use classification, use category, or use type allowed in a zone district. In making written interpretations, the Director may seek guidance from the City Attorney and assistance from other City staff, as appropriate.

(c)

Interpretations Procedure. This subsection identifies additions or modifications to the standard review procedures in Section 2.4, Standard Application Procedures, that apply to interpretations. Figure 2.5.5(c) identifies key steps in the interpretation procedure.

Figure 2.5.5(c): Summary of Interpretations Procedure

(1)

Pre-Application Conference. Optional, see Section 2.4.1.

(2)

Neighborhood Meeting. Not applicable.

(3)

Application Submission. Applicable, see Section 2.4.3.

(4)

Determination of Application Completeness and Sufficiency. Applicable, see Section 2.4.4, except that an application for a formal written interpretation may be initiated by the City Council, P&Z, any resident or landowner, or any person having a contractual interest in land in the City.

(5)

Staff Review and Action. Applicable, see Section 2.4.5. After receipt of the formal written request for an interpretation, the Community Development Director shall review the request, consult with the City Attorney and other City staff as appropriate, and render a formal written interpretation based on the standards in subsection (f) below. The interpretation shall be in a form approved by the City Attorney and shall constitute the formal written interpretation. A written interpretation is binding on subsequent decisions by the Community Development Director or other City staff and officials in applying the same provision of the LDC or the Official Zone District Map in the same circumstance(s), unless the interpretation is modified in accordance with this section, or the text or the Official Zone District Map of the LDC is amended.

(6)

Scheduling of Public Hearing and Notification. Not applicable.

(7)

Public Hearing Procedures. Not applicable.

(8)

Advisory Board Review and Recommendation. Not applicable.

(9)

Decision-Making Body Hearing, Review, and Decision. Not applicable.

(10)

Notification to Applicant of Decision. Applicable, see Section 2.4.10.

(11)

Post-Decision Limitations and Actions. Applicable, see Section 2.4.11.

(d)

Record of Interpretations. The Community Development Director shall maintain a complete copy of all written interpretations, which shall be available in the Community Development Department office for public inspection during normal business hours.

(e)

Amendment of Formal Written Interpretations. The Community Development Director may amend or repeal a formal written interpretation on the Director's own initiative, or upon a request for interpretation submitted in accordance with this section, based upon new evidence or discovery of a mistake in the original interpretation, a change in state or federal law, an amendment to the LDC, or an amendment to the City Code that relates to the original formal written interpretation.

(f)

Interpretations Review Standards.

(1)

Text Provisions. Interpretation of a provision's text and its application shall be based on Section 10.1, Rules of Construction and Interpretation; Section 1.6, Relationship with Other Laws, Covenants, or Decrees; and other considerations including, but not limited to, the following:

(A)

The plain meaning of the provision's wording, considering any terms specifically defined in Section 4.2.3, Classification of Principal Uses; Section 10.3, Definitions; and the common and accepted usage of terms; and

(B)

The purpose of the provision, as indicated by:

1.

Any purpose statement in the section(s) where the text is located;

2.

The provision's context and consistency with surrounding and related provisions;

3.

Any legislative history related to the provision's adoption;

4.

The general purposes served by the LDC, as set forth in Section 1.3, General Purpose and Intent; and

5.

The comprehensive development plan.

(2)

Unspecified Uses. Interpretation of whether an unspecified use is similar to a use identified in Article 4: Use Regulations, Table 4.2.2: Principal Use Table, or is prohibited in a zone district, shall be based on Section 10.1.12(a), Procedure for Interpreting Unlisted Uses and Section 10.1.12(c), Standards for Allowing Unlisted Accessory Uses and Structures.

(3)

Zone District Boundaries. Interpretation of zone district boundaries shall be based on Section 10.1.13, Rules of Interpretation of Zone District Boundaries.