Marco Island City Zoning Code

DIVISION 1

GENERALLY

Sec. 30-61.- Intent and purpose.

It is the purpose of the city council to establish standards, regulations and procedures for the review and approval of zoning amendments, conditional use variance and PUD rezoning requests and applications, building permits and certificates of occupancy, and for an affordable housing bonus program within the city, and to provide processes that will be comprehensive, informative, consistent, and efficient.

In order to foster and preserve the public health, safety, and welfare, and to aid in the harmonious, orderly, and progressive development of the city, it is the intent of this article that the amendment process in the city be efficient, effective, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the city.

(Ord. No. 02-08, § 1, 2-4-2002)

Sec. 30-62. - Amendment procedures.

(a)

Submission of applications. This LDC or the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Applications may be proposed by:

(1)

The city council;

(2)

The planning board;

(3)

The city manager without first having approval of the city council; or

(4)

Any person other than those identified above; provided, however, that no person shall propose an amendment for the rezoning of real property (except as agent or attorney for an owner) that he does not own. The name of the owner shall appear in each application.

(b)

Review by the department.

(1)

An application shall be reviewed by the director for completeness. Upon a determination by the director that the application is complete and that all required application fees have been paid, the department will review the application and assure that notice is given as required by the LDC and applicable state law for any required public hearings. In the case of petitions submitted by an applicant described in subsection (a)(4), no application shall be deemed to be complete for review by the city until the application fee has been paid by the applicant. Application fees maybe set from time to time by resolution of the city council.

(2)

The director will prepare a report to the city council and the planning board. The report shall analyze the effects of the application, analyze whether the application is consistent with the comprehensive plan, and analyze the effect of the various applicable review standards in this LDC upon the development permit application.

(3)

Application annulment. If an applicant fails to act upon a submitted application within a 90-day period after receiving written comments from the department, the application will be deemed withdrawn by the applicant. The director may extend the 90-day requirement if reasonable progress is being made in revising the application. For good cause shown or excusable delay, if a request is made in writing during the 90-day period, the director may extend the 90-day period until a reasonable time that the circumstances dictate.

(4)

Neighborhood information meeting (NIM). All rezoning applications require a NIM at applicants' expense which will usually be held at least 30 days prior to the first public hearing on application. The applicant is to provide to the director within not more than 15 days after the holding of the NIM an audio recording and a summary transcript of the NIM to the city as part of the application.

(c)

Consideration by the planning board.

(1)

All proposals for LDC amendments or rezonings shall be considered by the planning board. All proposals for LDC amendments or rezonings shall be submitted in writing to the department accompanied by all pertinent information required by this LDC which may be required by the planning board for proper consideration.

(2)

Notice requirements.

Notice of the planning board public hearing with regard to an LDC amendment shall be given pursuant to sub-section (f)(3)a. of this LDC.

Notice of the planning board public hearing with regard to a rezoning shall be given pursuant to sub-sections (f)(1), (2), and (3)a. of this LDC.

Neighborhood information meeting (NIM). Advertisement for the NIM shall be noticed in a newspaper of general circulation at least 15 days prior to the NIM as provided in section 30-62(f)(3)a. Courtesy notices are also required. The mailed notice shall be sent 15 days prior to the NIM mailed to all real property owners of real property any part of which is located within 300 feet of the real property subject to a development permit application in the manner set forth in section 30-62(f)(2).

A copy of any notice required by this paragraph (2) shall be kept available for public inspection during regular business hours of the office of clerk to city council once said notice is filed with the clerk.

(3)

Planning board hearing and report to city council.

Staff report. The staff report on the application for rezoning shall be presented prior to the public hearing on the application. The applicant shall be afforded the opportunity, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued or the matter referred back to staff for further consideration of such matters as the planning board may direct.

Rezoning; nature of requirements of planning board report. When pertaining to the rezoning of land, the report and recommendations of the planning board to city council required below shall show that the planning board has studied and considered the proposed change in relation to the following, when applicable:

Whether the proposed change will be consistent with the goals, objectives, and policies, future land use map, and the elements of the comprehensive plan.

The existing land use pattern.

The possible creation of an isolated district unrelated to adjacent and nearby districts.

Whether existing district boundaries are illogically drawn in relation to existing conditions on the real property proposed for change.

Whether changed or changing conditions make the passage of the proposed amendment appropriate.

Whether the proposed change will adversely influence living conditions in the neighborhood.

Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak hour volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety.

Whether the proposed change will create a drainage problem.

Whether the proposed change will seriously reduce light and air to adjacent areas.

10.

Whether the proposed change will adversely affect property values in the adjacent area.

11.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

12.

Whether the proposed change will constitute a grant of a special privilege to an individual real property owner as contrasted with the public welfare.

13.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

14.

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

15.

Whether it is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

16.

The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification.

17.

The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the city comprehensive plan and as defined and implemented through the city's adequate public facilities ordinance, as amended.

18.

Such other factors, standards, or criteria that the city council shall deem important in the protection of the public health, safety, aesthetics, and welfare.

Rezoning; restrictions, stipulations and safeguards. The planning board may recommend that a petition to rezone real property may be approved subject to conditions of approval, including, but not limited to restricting the use of the real property to certain uses provided for in the requested zoning district. Restrictions, stipulations and safeguards attached to a rezoning may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses.

Amendment to the LDC; nature of requirements of planning board report. When pertaining to an amendment to the text of the LDC and other than a proposed rezoning, the planning board shall consider, study, and make findings with regard to:

The need and justification for the change;

The relationship of the proposed LDC amendment to the purposes and goals, objectives, and policies, of the city's comprehensive, with appropriate consideration as to whether the proposed change will further the purposes of the LDC and other city codes, regulations, and actions designed to implement the growth management plan.

Status of planning board report and recommendations. The report and recommendations of the planning board required by this section shall be advisory only and not be binding upon the city council.

(d)

City council action on planning board report.

(1)

Upon receipt of the planning board's report and recommendations with regard to either a rezoning or an amendment to the LDC, the city council shall hold public hearings as required herein. The reports and recommendations of the staff and the planning board on the application shall be presented at the beginning of the public hearing on the application. The applicant shall have the right, prior to the close of the public hearing, to respond to any contentions presented: by any testimony or other evidence presented during the public hearing, the report of the planning board, and the staff report.

(2)

In the case of all proposed rezonings or amendments to the LDC, such rezonings or amendments shall not be adopted except by the affirmative vote of four members of the city council. All applications for a LDC amendment or a rezoning shall be considered and approved by the city council by ordinance.

(3)

Rezonings. No rezoning shall be permitted to exceed the density of a zoning district permissible under the density rating system and the comprehensive plan.

(4)

Notice.

Notice of city council hearings for a rezoning shall be afforded pursuant to sub-section (f)(1), (2), and (3)b.

Notice of city council hearings for an LDC amendment shall be afforded pursuant to sub-section (f)(3)b. as appropriate.

The number of hearings to be required shall be as set forth in the appropriate provision in sub-section (f)(3)b. and F.S. § 166.041(3).

(5)

Failure of city council to act. If a planning board recommendation is not decided within 210 days of the date of closing of the public hearing by the city council, the application upon which the report and recommendation is based shall be deemed to have been denied; provided, that the city council may refer the application to the planning board for further study.

(e)

Conduct of city council and planning board hearings.

(1)

Continuance and deferrals.

The city council or the planning board may continue or defer a scheduled public hearing to a date and time certain without further notice; provided, that the date and time of the continuance or deferral is announced at the originally scheduled hearing. Notice in compliance with Florida's Government-in-the-Sunshine Law, F.S. § 286.011, must be given prior to the continued public hearing date.

If a quorum physically present at the advertised public hearing location is not obtained at the time of the advertised public hearing, the city manager or the department director (or said director's designee) may publicly announce the continuance of the public hearing without further notice; provided, that the location, date and time of the continuance or deferral is announced at the originally scheduled hearing. In addition, notice in compliance with Florida's Government-in-the-Sunshine Law, F.S. § 286.011, must be given prior to the continued public hearing date.

(2)

Rescheduled meeting dates. Prior to the advertised public hearing, if the city manager or the director determines that a quorum physically present at the meeting site can not be obtained, the city manager, the director, or the director's designee, may direct that the meeting will be continued until a specific date and time certain. Prior to the continued meeting, notice must be posted in a conspicuous location at the entrance to the meeting room where the meeting was scheduled to take place of the date and time to which the meeting was continued, and prior to the meeting, notice must be conspicuously posted on the city's internet web-site.

(3)

Reliance on information presented by applicant. The city and its departments, boards, and agencies, shall have the right to rely on the accuracy of statements, documents, and all other information presented to them by the applicant, or the applicant's agent or consultants, in review of an application for development approval issued under this Code. The applicant shall execute an application form for the development permit which includes the following statement: "Under penalties of perjury, I declare that I have read the foregoing application and all attachments thereto, and that the facts stated in it, are true," followed by the signature of the applicant making the declaration. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration. As provided in F.S. § 92.525(3), a person who knowingly makes a false declaration is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084.

(4)

Documents submitted at any public hearing. The public is hereby advised that any document, paper, letter, map, book, tape, photograph, film, sound recording, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, submitted at or before a public hearing as a part of said public hearing or with relation to a development permit application, is hereby declared to be a public record pursuant to F.S. ch. 119, and is automatically made a part of the record of the public hearing at which it was submitted. The original public record may not be returned to the person submitting the document, and all public hearing participants are hereby so advised.

(f)

Public notice procedures. The following procedures are public notice requirements some or all of which are to be utilized for various types of development permits to the extent specifically required in this LDC.

(1)

Posted notice/public hearing sign.

If required by this LDC, a 32 square foot sign, with a minimum of one inch wide by four inch high letters, which clearly announces the pending application(s) shall be posted on the property subject to the application in a prominent and conspicuous location clearly visible from an adjoining public right-of-way, or at such other location as designated by the director to ensure maximum exposure of the sign(s) to the public. A designated outparcel of a larger property which does not abut a public right-of-way, shall have the sign posted near the closest public right-of-way to the larger parcel.

The sign shall be erected by the applicant at the their expense. Submission of an application by a property owner, or said owner's agent, shall constitute permission to post said sign. The sign shall be continuously maintained as posted by the applicant during the period prior to the advertised public hearing.

The sign must contain the following information:

A title stating NOTICE OF PUBLIC LAND USE HEARING. The title shall be in all capital letters with bold type;

The application number(s);

A description of the proposed application;

The planned public hearing dates, times and locations; and

The department's contact information.

The sign shall be posted at least 15 days prior to the first scheduled public hearing.

The sign shall be removed by the applicant within five days after the application's final hearing advertised on the sign.

(2)

Courtesy mailed notices.

If required by this LDC, courtesy notices shall be provided in addition to any legally required notice by state law. These notices are provided as a courtesy to certain persons that may be affected by a development permit application for the purpose of notifying those persons of the application and their ability to review submitted information and participate in public hearings or neighborhood information meetings. The failure of a property owner to receive a courtesy notice shall not be deemed as a failure to furnish or receive legally required written notice pursuant to this LDC. The failure of the applicant to send a courtesy notice shall be deemed as a failure to furnish legally required written notice pursuant to this LDC.

The cost of providing the courtesy notice as required by this LDC shall be the sole responsibility of the development permit applicant or said applicant's designated agent. Failure to comply with the provisions of this section in a timely manner may result in a postponement of the scheduled hearing until the notice is complete, or imposition by the department that a re-notice by the applicant must be accomplished at the applicant's sole expense.

A courtesy notice shall be mailed to all real property owners of real property any part of which is located within 300 feet of the real property subject to a development permit application. The 300-foot radius shall be measured in a straight line in all directions from the outermost boundary of the real property subject to a development permit application to any real property any part of which is within the 300-foot radius. Real property owners to whom a courtesy notice shall be given by mail shall be the real property owners of record as shown in the records of the county property appraiser at the time of mailing of the notice. The failure of a property owner to receive a courtesy notice shall not be deemed as a failure to receive legally required written notice pursuant to this LDC subsection. The mailed notice shall be sent by first class mail, by the applicant. Notice need not be given to the trustees of the internal improvement fund as the owners of submerged bottoms of real property. When mailing receipts they shall be promptly filed with the city.

If any part of the "common elements", as defined in F.S. § 718.103, of a condominium or any part of the "common areas," as defined in F.S. § 719.103, of a cooperative building, is within the required notice limits, notice shall be sent to the condominium or cooperative association as well as each unit owner in the subject building. If real property within an adjacent governmental jurisdiction is within the notice limits, notice shall be required to be given to each owner of a parcel of land within the adjacent jurisdiction.

The courtesy notice shall be deposited in and postmarked by the U.S. mail at least 15 days prior to the scheduled public hearing or neighborhood information meeting, being noticed. The courtesy notice shall be mailed first class mail. Copies of all mailing receipts shall be promptly filed with the city clerk.

The mailed courtesy notice shall contain the following information:

A title stating NOTICE OF PUBLIC LAND USE HEARING, which shall be at the top of the notice page, conspicuously placed, in bold type with at least 72 point type;

A description of the application in layman's English language terms, that is the subject of the hearing, including the type(s) of approval requested, and the application number(s);

A statement that information regarding the application(s), including planned public hearing dates, times, and locations, and a written staff report may be obtained from the department;

A notification that any member of the public may attend the noticed meeting and be heard or may submit written comments prior to the meeting to the director or at the meeting;

A notice that the public hearing or neighborhood information meeting may be continued from time to time;

The department's contact information, including address, telephone number, and e-mail address;

Wording consistent with F.S. § 286.0105, as follows:

Pursuant to F.S. § 286.0105, the City hereby advises you that if you or another person decide to appeal any decision made by the Planning Board or the City Council with respect to any matter considered at its meeting or this hearing that you or said person may need to insure that a verbatim record of the proceedings is made at your expense, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law; and

Wording consistent with F.S. § 286.26, as follows:

In accordance with the Americans with Disabilities Act and F.S. § 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact the city clerk at least 48 hours prior to the proceedings at (239) 389-5000 for assistance.

In the event of a neighborhood information meeting (NIM), the notice shall omit the contact of the city clerk and the city's telephone and in place thereof insert the name of the applicant coordinating the meeting and the applicant's phone number; and

The legal description or street address of the property subject to the application.

The mailed courtesy notice shall contain a graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property.

(3)

Advertised public hearing notice.

Planning board public hearing; neighborhood information meeting (NIM) notice. Where the proposed amendment would rezone or change the zoning classification of land in the official zoning atlas or would amend the LDC, the planning board shall hold one public hearing noticed in a newspaper of general circulation at least 15 days prior to the public hearing.

The advertisement shall contain all of the requirements set forth in sub-sections (f)(2)f.2—9. of this section with a title substantially as follows and advising of a "Notice of Land Use Change." The cost of the legal advertisement shall be the responsibility of the applicant. The city clerk shall place the legal advertisement in a newspaper of general circulation.

In the event of a neighborhood information meeting (NIM), the meeting shall be advertised in a newspaper of general circulation at least 15 days prior to the neighborhood information meeting. The advertisement shall contain all of the requirements set forth in sub-sections (f)(2)f.2.—9. of this section with a title substantially as follows and advising of a "Notice of Land Use Change." The cost of the legal advertisement shall be the responsibility of the applicant. The applicant shall place the legal advertisement in a newspaper of general circulation and supply proof of publication to the director within not more than 15 days after the neighborhood information meeting. The responsibility for the form of the advertisement complying with this provision shall be that of the applicant.

City council public hearing. City council public hearings shall be advertised as follows:

Applications initiated by other than the city council, planning board, or city manager that change the zoning designation of a parcel or parcels of land in the official zoning atlas shall be enacted pursuant to F.S. § 166.041(3)(a). The advertisement shall contain all of the requirements set forth in subsections (f)(2)f.2.—9. of this section with a title substantially as follows and advising of a "Notice of Land Use Change."

Applications initiated by the city council, planning board, or city manager that change the zoning designation of a parcel or parcels of land in the official zoning atlas consisting of ten or more contiguous acres shall be enacted pursuant to F.S. § 166.041(3)(c). The advertisement shall contain all of the requirements set forth in subsections (f)(2)f. and g. of this section. Applications initiated by the city council, planning board, or city manager that change the zoning designation of a parcel or parcels of land in the official zoning atlas consisting of less than ten contiguous acres of land shall be advertised pursuant to F.S. § 166.041(3)(a), and must be noticed as provided in F.S. § 166.041(3)(c)1.

Applications that amend LDC provisions other than those provisions that contain the actual list of permitted, conditional, or prohibited uses within a zoning category shall be enacted pursuant to F.S. § 166.041(3)(a). The advertisement shall contain all of the requirements set forth in subsection (f)(2)f. of this section.

Applications that amend the LDC provisions by changing the actual list of permitted, conditional, or prohibited uses within a zoning category shall be enacted pursuant to F.S. § 166.041(3)(c). The advertisement shall contain all of the requirements set forth in subsection (f)(2)f. of this section.

(g)

Reserved.

(h)

Limitations on the rezoning of property.

(1)

No change in the zoning classification of property shall be considered which involves less than 43,560 square feet of area and 200 feet of street frontage except: where the proposal for rezoning of property involves an extension of an existing or similar adjacent district boundary; within the broader land use classification of "C" districts, "RSF" districts, "RMF" districts, wherein such rezone is compatible with, or provides appropriate transition from, adjacent districts of higher density or intensity; or a rezoning to planned unit development (PUD). The minimum acreages for rezoning of property to PUD are found in the PUD section of the LDC. However, the requirement of 200 feet of street frontage shall not apply to rezone petitions that provide 80 percent or more affordable housing units.

(2)

Whenever the city council has denied an application for the rezoning of property, the planning board shall not thereafter:

Consider any further application for the same rezoning of any part or all of the same property for a period of 365 days from the date of rendition of such denial;

Consider an application for any other kind of rezoning of any part or all of the same property for a period of 180 days from the date of such action.

(3)

Except as otherwise provided within this section, all rezoning approvals for which a final development order, such as a building permit or similar type of development order, has not been granted within the 1,826 days of the date of rendition of a rezoning approval shall be evaluated to determine if the zoning classification for the property should be changed to a lower, or other more suitable classification. Yearly the director shall prepare a report to the city council on the status of rezoned property advising the city council whether there are any properties that are subject to this provision. The purpose of the report will be to evaluate what procedural steps have been taken to develop affected real property under its current zoning classification.

With regard to real property subject to this subparagraph c., should the director determine that development has commenced, then the land shall retain its existing zoning classification and shall not be subject to additional review and classification change which would deprive the property owner or developer of a vested right to develop.

With regard to real property subject to this subparagraph c., should the director determine that development has not commenced, and then upon review and consideration of the report and any supplemental information that may be provided, the city council shall elect one of the following:

To take no action with regard to the current zoning classification on the property for a maximum period of another 1,826 days; at the end of which time, the property shall again be evaluated under the procedures as defined herein; or

Direct the appropriate city staff to begin rezoning procedures for said property. The existing zoning classification of the property shall remain in effect until issuance of a development order relating to rezoning by the city council on the property.

In the case of developments of regional impact and planned unit developments, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06 or the planned unit development ordinance.

(i)

Waiver of time limits. The time limits of subsection (h) above may be waived by four affirmative votes of the city council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the city.

(j)

Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property.

(k)

Rezoning; provision of adequate public facilities. The petitioner may provide all required community and public facilities and services in support of the requested rezoning in any one of the following manners:

(1)

Petition for a rezoning at such time as all required adequate existing community and public facilities and services have been provided at public expense according to the capital improvement program; or

(2)

Petition for a rezoning at such time as all required existing community and public facilities and services have been provided at the private expense of the petitioner; or

(3)

Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be timely provided; or

(4)

Facilities for parks and schools through land dedication or fee in lieu of such dedication; or

(5)

Other method acceptable to city council.

(Ord. No. 02-08, § 2, 2-4-2002; Ord. No. 17-09, § 3, 12-4-2017; Ord. No. 18-10, § 2, 6-18-2018; Ord. No. 19-11, § 2, 4-15-2019; Ord. No. 25-08, § 2, 9-8-2025)

Sec. 30-63. - Planned unit development (PUD) procedures.

(a)

Application and PUD master plan submission requirements. Applications for rezoning to PUD shall be in the form of a PUD master plan of development. The plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements:

(1)

PUD master plan. The PUD master plan shall include the following information unless determined to be unnecessary to graphically illustrate the development strategy:

The title of the project and name of the developer;

Scale, date, north arrow;

Boundaries of the subject property, all existing streets and pedestrian systems within the site, watercourses, easements, land uses and zoning districts of abutting property including book and page numbers of platted parcels, section lines, and other important physical features within and adjoining the proposed development;

Identification of all proposed tracts or increments within the PUD such as, but not limited to: residential; commercial; industrial; institutional; conservation/preservation; lakes and/or other water management facilities; common open space; buffers; the location and function of all areas proposed for dedication or to be reserved for community and/or public use; and areas proposed for recreational uses including golf courses and related facilities, and provisions for ownership, operation, and maintenance;

Identification of all proposed land uses within each tract or increment describing; acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments;

The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions;

The location of all proposed major internal thoroughfares and pedestrian accessways;

Typical cross sections of all major, collector, and local streets, public or private, within the proposed PUD;

The location of existing roads, rights-of-way, and pedestrian systems within 200 feet of the proposed PUD;

The overall acreage and proposed gross density for the PUD;

Other uses of land.

(2)

Supporting data. Data supporting and describing the application for rezoning to PUD in the form of a PUD document which shall consist of the following unless determined to be unnecessary to describe the development strategy:

Title page to include name of project;

Index/table of contents;

List of exhibits;

Statement of compliance with all elements of the growth management plan;

General location map showing relationship of the site to such external facilities as in shopping areas, cultural complexes as the like;

Property ownership and general description of site (including statement of unified ownership);

Description of project development;

Boundary survey and legal description;

Proposed land uses within each tract or increment;

Dimensional standards for each type of land use proposed within the PUD. Dimensional standards shall be based upon an existing zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified;

The proposed timing for location of, and sequence of placing or incremental development within the PUD;

The proposed location of all other roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD;

Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the state department of transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the city, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant and animal species protection plans as required by the land development code shall apply;

Environmental impact analysis pursuant to applicable provisions of the land development code;

Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses;

The location and nature of all other existing public facilities, such as schools, parks, fire stations and like;

A plan for the provision of all needed utilities to and within the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related city regulations and ordinances;

Traffic impact analysis;

Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities;

Development commitments for all infrastructure and related matters;

When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, their relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the community development director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate.

(3)

Deviations from the required master plan element. The community development director may exempt a petition from certain required elements of the PUD master plan when the petition contains conditions that demonstrate that the element may be waived without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided city council.

(b)

Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with this subsection shall be submitted and processed as for a rezoning amendment generally pursuant to this article and in accordance with the following special procedures:

(1)

Pre-application conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the director and other city staffing agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable federal or state requirements or other matters that may affect the proposed PUD. This pre-application conference should address, but not be limited to, such matters as:

The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities.

Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the city attorney.

Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan.

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffeting and screening requirements.

The adequacy of usable open space areas in existence and as proposed to serve the development.

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

The ability of the subject property and of surrounding areas to accommodate expansion.

Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.

(2)

Pre-hearing conference. Any application for rezoning to PUD, together with all materials prescribed herein, shall be submitted to the director. Pre-hearing conferences may be held between the applicant and/or his representatives and officials or representatives of the city. The purpose of such pre-hearing conferences shall be to assist in bringing the application for rezoning to PUD as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations.

(3)

Staff review and recommendation. Based upon its evaluation of the factors set forth above, the appropriate city staff shall prepare a report containing their review findings, and a recommendation of approval or denial.

(4)

(c)

Hearing before the planning board. Public notice shall be given, and a public hearing held before the planning board on the application for rezoning to PUD as provided in section 30-62(f)(1), (2), and (3)a. of this LDC. Both the notice and the hearing shall identify the application, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference. The planning board hearing shall be conducted, continued, or rescheduled pursuant to section 30-62(e) of this LDC.

(d)

Planning board recommendation. The planning board shall make written findings as required by subsection 30-62(c)(3)b. and below and as otherwise required in this section and shall recommend to city council either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning board shall make findings as to the PUD master plan's compliance with the following criteria:

(1)

(2)

(3)

Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan.

(4)

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffeting and screening requirements.

(5)

The adequacy of usable open space areas in existence and as proposed to serve the development.

(6)

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

(7)

The ability of the subject property and of surrounding areas to accommodate expansion.

(8)

(e)

Action by city council. Unless the PUD application is withdrawn by the applicant, the city council shall, upon receipt of the planning board's recommendation, hold a public hearing on the application. Notice of the city council's public hearing shall be given as provided in section 30-62(f)(1), (2), and (3)b.1. or 2., as appropriate. The notice and hearing shall be on the application and PUD master plan of development as recommended by the planning board to city council. The city council public hearing shall be conducted, continued, or rescheduled pursuant to section 30-62(e) of this LDC. The city council shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning.

(f)

Effect of planned unit development zoning. If approved by city council, the master plan for development and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards of development for the subject PUD. Thenceforth, development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and PUD master plan for said PUD district.

Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the city. Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the city subdivision regulations and/or the site development plan regulations as appropriate.

(g)

Time limits for approved PUD master plans.

(1)

In the event that a PUD master plan is given approval, and the landowner(s) shall:

Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval by city council; and

Fail to receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years of the date of approval by city council.

The project developer shall submit to the community development director a status report on the progress of development annually commencing on the third anniversary date of the PUD approval by city council. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the community development director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification.

(2)

Should the community development director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that may be provided, city council shall elect one of the following:

To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein.

Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the growth management plan. The existing PUD shall remain in effect until subsequent action by the board of the submitted amendment of the PUD.

If the owner fails to submit an amended PUD within six months of board action to require such an amended submittal, then the board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the comprehensive plan.

In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06.

(h)

Changes and amendments. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the plan by city council prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning board. For the purpose of this section, a substantial change shall be deemed to exist where:

(1)

There is a proposed change in the boundary of the PUD; or

(2)

There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or

(3)

There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed five percent of the total acreage previously designated as such, or five acres in area; or

(4)

There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; or

(5)

There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; or

(6)

The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; or

(7)

The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or

(8)

The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or

(9)

Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the comprehensive or which modification would increase the density or intensity of the permitted land uses; or

(10)

The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by the city pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by the; or

(11)

Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this article.

(i)

Procedure for substantial/insubstantial change determination.

(1)

The applicant shall provide the community development director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the planning board. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the community development director shall review said plan against criteria established herein and may forward the plan to any other agency, division or authority deemed necessary for review and comment.

Upon completion of the review, the community development director shall provide a written determination to the applicant, or his legal representative, confirming that the proposed change(s) do or do not constitute a substantial change to the approved PUD master plan based upon the evaluation of the criteria described herein. Any such determination made by the community development director may be appealed to city council.

Substantial changes procedures. Changes, as identified in subsection (h), shall be considered substantial changes to the approved PUD master plan, and the applicant shall be required to submit and process a new application complete with pertinent supporting data, as set forth in subsections (a)(1) and (2).

Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection (h) shall require the review and approval of the planning board based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting.

Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas.

Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes.

(2)

The community development director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include:

Internal realignment of right-of-ways, other than a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for.

Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas.

Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses.

Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable.

Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all city ordinances and regulations prior to the community development director's consideration for approval.

(j)

Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land will not be exceeded and that development commitments will be fulfilled, annual monitoring reports shall be submitted by the developer/owner or authorized agent of a PUP to the community development director. The monitoring report shall be submitted annually, on each anniversary of the date said PUD was approved by the board until the PUD is completely constructed and all commitments in the PUD document/master plan are met. The monitoring report shall provide the following information:

(1)

Name of project.

(2)

Name of owner, developer.

(3)

Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete of [or] for which a valid permit has been issued, but which have not been completed.

(4)

Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information.

(5)

Traffic counts for all access points to the major highway network.

(6)

Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.).

(7)

Up-to-date PUD document which includes all approved amendments.

(8)

Status of commitments in PUD document.

(9)

Other information as may be required by the community development director.

(k)

Change of ownership. A change in ownership shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the site development review director shall automatically transfer responsibility for filing the annual monitoring report.

(l)

Interpretations of PUD documents. The community development director shall be authorized to interpret the PUD document.

(Ord. No. 02-08, § 3, 2-4-2002; Ord. No. 17-09, § 4, 12-4-2017; Ord. No. 18-10, § 3, 6-18-2018)

Sec. 30-64. - Conditional use procedures.

(a)

Nature of a conditional use. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, aesthetics, welfare, morals, order of comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a zoning district as a conditional use if specific provision for such conditional use is made in the zoning district. Decisions regarding conditional uses shall be quasi-judicial in nature.

(b)

Written petition.

(1)

A written petition for a conditional use shall be submitted to the director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the city council must make under this section. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this LDC, will be consistent with the comprehensive plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public health, safety, aesthetics, appearance, or welfare. No petition shall be deemed to be complete for review by the city until the application fee has been paid by the petitioner. Application fees may be set from time to time by resolution of the city council.

(2)

Material to be submitted by a petitioner with a conditional use application shall include, but is not limited to, the following, where applicable:

Conceptual site development plans at an appropriate scale with all dimensions in legible format, showing the proposed placement of structures on the property, points of ingress and egress, height of structures, parking locations and parking spaces, architectural elevations of structures, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards and setbacks, and other open spaces. The conceptual site development plan shall not be in lieu of, nor eliminate the need for, a site development plan under the land development code;

Plans showing proposed locations for utilities. Plans providing for screening and buffering with reference as to type, dimensions, and character;

Proposed landscaping and provisions for trees protected by city regulations;

Proposed signs and lighting, including type, dimensions, and character;

Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on a current aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat identification shall be consistent with the state department of transportation land use cover and forms classification system and shall be depicted on an aerial photograph. Information obtained by ground-truthing surveys shall take precedence over photographic evidence; and

Where this LDC places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met.

(3)

Concurrent processing of petitions. Where the rezoning of land, as well as grant of conditional use, is requested simultaneously for the same parcel of land, both petitions may be processed concurrently in accordance with the procedures set forth in this article.

(4)

Application annulment. If a petitioner applicant fails to act upon a submitted petition within a 90-day period after receiving written comments from the department, the petition will be deemed withdrawn by the petitioner. The director may extend the 90-day requirement if reasonable progress is being made in revising the petition. For good cause shown or excusable delay, if a request is made in writing during the 90-day period, the director may extend the 90-day period until a reasonable time that the circumstances dictate.

(c)

Planning board public hearing.

(1)

Notice and public hearing. Notice and public hearing by the planning board shall be as provided for under section 30-62(f)(1), (2), and (3)a. of this LDC. All testimony given shall be under oath and the action by city council shall be quasi-judicial in nature.

(2)

Standards for approval. Before any conditional use shall be recommended for approval to the city council, the planning board shall make findings that the proposed conditional use meets the following standards, as may be applicable:

That the granting of the conditional use will not adversely affect the public interest, and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner;

That the grant of the conditional use is consistent with the comprehensive plan. A conditional use shall not be presumed to be consistent with the comprehensive plan merely because the use is listed in the LDC as a conditional use in a given zoning district;

That there is proper and adequate ingress to and egress from to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

That the proposed conditional use is compatible with adjacent properties and other property in the district. The conditional use, as depicted on the conceptual site plan, must be compatible with adjacent and nearby uses, developments, structures, and neighborhoods and will not alter the character of the community and neighborhood or be contrary to emerging development trends in the community and the neighborhood;

Building orientation. That buildings are oriented so as to enhance the appearance of the streetscape. Mass, bulk and scale of all structures shall be compatible with other structures and uses in the neighborhood.

(3)

Conditions and safeguards.

In recommending approval of any conditional use, the planning board may also recommend appropriate conditions and safeguards in conformity with this LDC. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this LDC.

Development of the conditional use shall be accomplished as set forth on the conceptual site plan. This is an automatic condition of approval of all conditional uses.

(4)

Conduct of hearing; denial.

Any party may appear in person, by agent or attorney, or may submit written comments at the hearing or prior to the hearing in writing to the director.

The hearing shall be conducted according to the provisions of section 30-62(e).

If the planning board shall recommend denial of a conditional use, it shall state fully on the record its reason for doing so. Such reasons shall take into account the factors stated in subsection (c)(2) or such of them as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any.

(5)

Status of planning board report and recommendations. The report and recommendations of the planning board required above shall be advisory only and shall not be binding upon the city council.

(d)

City council action on planning board report.

(1)

Upon receipt of the planning board's report and recommendations, the city council shall conduct a public hearing and approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require four affirmative votes of said board.

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of section 30-62(e).

Notice shall be given pursuant to section 30-62(f)(1), (2), and (3)b.1. of this LDC. However, the conditional use shall be approved or denied by resolution.

Approval of the conditional use shall be based on the standards set forth in subsection (c)(2).

(e)

Termination; extension.

(1)

Any conditional use shall expire 365 days from the date of rendition of the development order granting approval by the city council, if by that date the use for which the conditional use was granted has not been commenced construction.

(2)

Any conditional use shall expire 365 days following the discontinuance of the use for which the conditional use was approved.

(3)

The city council may grant a maximum of three 365 day extensions of an approved conditional use upon written request of the petitioner. Each extension must be requested in writing with reasons for the extension prior to the expiration of the original conditional use.

(f)

Conditional uses for school or religious purposes. A use that has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions for site development plan approval, as applicable, and all other zoning requirements.

(g)

Changes and amendments. For good cause shown, the director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site plan or otherwise specifically provided for in the conditional use application shall require submission, review and approval of a new conditional use application.

(Ord. No. 02-08, § 4, 2-4-2002; Ord. No. 17-09, § 5, 12-4-2017; Ord. No. 18-10, § 4, 6-18-2018)

Sec. 30-65. - Variance procedures.

(a)

Purpose. A variance from the terms of this LDC may be granted based on the requirements of this section where said variance will not be contrary to the public interest, safety, aesthetics, or welfare and where owing to special conditions peculiar to the property; a diminution of a regulation is found to have no measurable impact on the public interest, aesthetics, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners.

The city council, based upon the evidence given in public hearing, and the findings of the planning board should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have detrimental effect on the public interest, aesthetics, safety or welfare. A variance from the terms of this LDC may be granted based on the requirements of this section.

(b)

Types of variances authorized. A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; landscaping and buffering requirements; architectural and site design standards; and minimum requirements for off-street parking facilities.

(c)

Exemptions. Minor after-the-fact yard encroachments may be approved administratively by the director. For the purposes of this subsection, minor yard encroachments shall be divided into three classifications:

(1)

Structures for which a certificate of occupancy, or a final development order has not been granted. The director may administratively approve minor after-the-fact yard encroachments not to exceed a maximum of five inches.

(2)

Structures for which a certificate of occupancy, or a final development order was granted after January 1, 1987. The director may administratively approve minor after-the-fact yard encroachments of up to 20 percent of the required yard, not to exceed a maximum of two and one-half feet.

(3)

Structures for which a certificate or occupancy, or a final development order was granted before January 1, 1987. The director may administratively approve minor after-the-fact yard encroachments of up to 25 percent of the required yard, not to exceed a maximum of five feet. Further, the director may administratively approve vertical encroachments not to exceed 50 inches.

(d)

Recycling in commercial districts. An administrative variance may be granted for site plan alterations made for the placement of structures up to five feet from any side or rear property line in order to accommodate recycling operations. Structures typically found in service function areas will be eligible for such relocation. Any such administrative variance, in addition to approval by the director, will also require the approval of the fire official.

(e)

Procedure for request for minor after-the-fact encroachments.

(1)

The property owner, or his agent, shall submit to the director a signed and sealed survey certified to and for reliance by the city identifying the exact location and size of the encroachment; a statement of how and when the encroachment was created; a statement of current ownership, and ownership at the time the encroachment was created; any other factors which may show that the encroachment was not intentionally created; and the applicable fee as listed in the schedule of fees.

(2)

The director shall review the request for minor after-the-fact encroachments, and shall within 30 days of receipt of the request and application fee, notify the applicant in writing of its approval or denial based upon information provided by the applicant as described above.

(3)

If denied by the director, all fees for the request for minor after-the-fact encroachments may be applied toward a variance request, if the variance request is received within 30 days after the date of the denial letter.

(f)

Procedure for petition for variance. A written petition for a variance shall be submitted by the applicant to the director, together with payment of an application fee which may be set from time to time by resolution of the city council. If an applicant fails to act upon a submitted petition within a 90-day period after receiving written comments from the department, the application will be deemed withdrawn by the applicant. The director may extend the 90-day requirement if reasonable progress is being made in revising the application. For good cause shown or excusable delay, if a request is made in writing during the 90-day period, the director may extend the 90-day period until a reasonable time that the circumstances dictate.

(g)

Planning board public hearing.

(1)

Notice of planning board public hearing. Notice of the public hearing before the planning board shall be given as provided in subsection 30-62((f)(2) and (3)a. of this LDC.

(2)

Conduct of hearing.

The public hearing shall be held by the planning board. Any party may appear in person, by agent or attorney, or may submit written comments at the hearing or prior to the hearing in writing to the director.

The hearing shall be conducted according to the provisions of subsection 30-62(e).

Approval of the variance shall be based on the standards set forth in subsection (g)(3).

(3)

Standards for approval of a variance. Before any variance shall be recommended for approval to the city council, the planning board shall consider and be guided by the following standards in making a determination:

That there are special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved;

That there are special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request;

That a literal interpretation of the provisions of this LDC works an unnecessary and undue hardship on the applicant or creates a practical difficulty on the applicant;

That the variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare;

That granting the variance requested will not confer on the petitioner any special privilege that is denied by this LDC to other lands, buildings, or structures in the same zoning district;

That granting the variance will be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

That there are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, or similar circumstances; and

That the granting of the variance will be consistent with the comprehensive plan.

(4)

Conditions and safeguards. In recommending approval of any variance, the planning board may recommend appropriate conditions and safeguards in conformity with this LDC including, but not limited to, reasonable time limits within which the action for which the variance is required shall begin or completed, or both. In the case of after-the-fact variances, the planning board may recommend, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this LDC in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this LDC.

(5)

Recommendation of denial. If the planning board recommends denial of a variance, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in subsection (g)(3), or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any.

(6)

Status of planning board report and recommendations. The report and recommendation of the planning board required above shall be advisory only and shall not be binding upon the city council.

(h)

City council action on planning board report.

(1)

Upon receipt of the planning board's report and recommendations, the city council shall conduct a public hearing and approve, by resolution, or deny a petition for a variance.

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of subsection 30-62(e).

Notice shall be given pursuant to section 30-62(f)(2) and (3)b.1. of this LDC.

Any party may appear in person by agent or attorney; or may submit written comments to the director prior to the hearing or to city council at the hearing.

City council action. Upon consideration of the planning board's report, findings and recommendations, and upon consideration of the standards and guidelines set forth in subsection (g)(3), the city council shall approve, by resolution, or deny a petition for a variance.

Conditions and safeguards. In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this LDC, including, but not limited to, reasonable time limits within which action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the city council may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this LDC in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this LDC.

Limitations on power to grant variances. Under no circumstances shall the city council grant a variance to permit a use not permitted under the terms of this LDC in the zoning district involved, or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district.

(Ord. No. 02-08, § 5, 2-4-2002; Ord. No. 10-10, § 2.5., 8-16-2010; Ord. No. 17-09, § 6, 12-4-2017; Ord. No. 18-10, § 5, 6-18-2018; Ord. No. 18-11, § 2, 6-18-2018)

Sec. 30-66. - Building permit and certificate of occupancy compliance process.

(a)

Zoning action on building permits. The community development director or designee shall be responsible for determining whether applications for building permits, as required by the city building code, are in accord with the requirements of this zoning code and the land development code, and no building permit shall be issued without approval that plans submitted conform to applicable zoning regulations, and other land development regulations. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist without first obtaining the authorization of the required building permit(s), inspections and certificate(s) of occupancy as required by the city building code and no building permit application shall be approved for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of this zoning code and the land development code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation or variance as provided by this code or unless he shall receive a written order from a court or tribunal of competent jurisdiction.

(b)

Application for building permit. All applications for building permits shall, in addition to containing the information required by the building official, be accompanied by plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered, or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by city regulations; and such other information with regard to the lot and existing proposed structures as provide for the enforcement of this land development code. In the case of application of [for] a building permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building permit is requested, which the site development review director determines may affect the density of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the site development review director may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction.

(c)

Construction and use to be as provided in applications; status of permit issued in error. Building permits or certificates of occupancy issued on the basis of plans and specifications approved by the site development review director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of this land development code.

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of the application by the site development review director shall, in no way, exempt the applicant from strict observance of applicable provisions of this land development code and all other applicable regulations, ordinances, codes, and laws.

A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the city shall have the power to revoke such permit until said error is corrected.

(d)

Adequate public facilities required. No building permit or certificate of occupancy shall be issued except in accordance with the adequate public facilities required in the land development code.

(e)

Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable city regulations. Exceptions to this requirement may be granted by the community development director for an approved subdivision or site development plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of the land development code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics.

(f)

Zoning and land use approval required prior to or simultaneously with issuance of building permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the land development code, shall be required prior to obtaining a building permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate.

For the purposes of determining compliance with the zoning provisions of the land development code, an approval of a site development plan pursuant to the land development code, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the land development code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the land development code.

In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to the land development code and of a zoning certificate issued for the building and the land, shall be required.

A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other non-residentially allowed uses of land or buildings.

(Ord. No. 02-08, § 6, 2-4-2002)

Sec. 30-67. - Workforce/affordable housing.

(a)

The purpose and intent of this section is to establish a process for the adaptive reuse of upper levels of existing multi-level commercial structures to provide workforce/affordable housing units in all commercial zone districts. This section is not applicable to planned unit development, residential, multifamily, or residential tourist zone districts.

(b)

The proposed workforce/affordable housing units must meet the definition of affordable as provided in F.S. § 420.0004.

(c)

The proposed workforce/affordable housing units must be deed restricted for a period of not less than 30 years. The form of the deed restriction shall be reviewed and approved by the city attorney in order to obtain city approval for the workforce/affordable housing units, and recorded in the public records of Collier County. A copy of the recorded deed restriction must be provided to the city for each unit.

(d)

Application process. The applicant for the adaptive reuse of upper levels of existing multi-level commercial strip centers for workforce/affordable housing units shall comply with the following application process:

(1)

Schedule a pre-application meeting with the city's growth management staff.

(2)

Schedule a neighborhood information meeting pursuant to the procedures contained in city code section 30-673(10).

(3)

Submit for a conditional use permit application pursuant to city code section 30-64, which shall include, but not be limited to the following elements:

Provide a floor plan showing exiting uses;

Provide a floor plan of the proposed layout of the workforce/affordable housing units and their square footage;

Show location of access to the workforce/affordable housing units;

Provide existing and proposed architectural elevations;

Any additional plans deemed necessary to fully access the proposal.

(e)

The proposed adaptive reuse of the real property pursuant to this Section shall meet the following additional criteria:

(1)

The minimum square footage requirements for the residential units developed pursuant to this section are as follows:

Efficiency and one-bedroom units, 450 square feet;

Two-bedroom units, 650 square feet;

Three-bedroom units, 900 square feet;

(2)

The maximum density of residential units developed pursuant to this section shall not exceed eight units per acre for village commercial, or 12 units per acre for community commercial, heavy commercial or town center/mixed use as identified in the city's 2040 Comprehensive Plan;

(3)

The remaining square footage of commercial use located shall be no less than 50 percent of the project;

(4)

The intensity of the commercial use shall not be greater than the most intense commercial use (permitted or conditional) in the zone district the project is located.

(f)

The planning board shall review the conditional use application, and take action consistent with the applicable provisions of the city's land development code.

(g)

All applicable impact and building permit fees must be paid, and the proposed use must meet all applicable building, fire, and floodplain codes.

(Ord. No. 24-07, § 2, 3, 3-4-2024)

Editor's note— Ord. No. 24-07, §§ 2, 3, adopted March 4, 2024, repealed the former § 30-67 and enacted a new § 30-67 as set out herein. The former § 30-67 pertained to affordable housing density bonus and derived from Ord. No. 02-08, § 7, adopted Feb. 4, 2002.

Sec. 30-68. - Board of zoning appeals—Establishment and purpose.

There is hereby established a board of zoning appeals. As provided herein, the city council may act as the board of zoning appeals or appoint a board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-69. - Same—Powers and duties.

The board of zoning appeals shall have the following powers and duties:

(1)

To hear, review and approve, approve with conditions, or deny nonconforming use amendments, certain boat dock extension petitions or appeals of certain boat dock extension petitions, flood variances and off-street parking and shared parking agreements in accordance with the terms of the code.

(2)

To hear, review and approve, approve with conditions, or deny appeals from interpretations made by the director or administrative decisions pertaining to the comprehensive plan, the future land use map, the land development code, or the official zoning atlas by the director.

(3)

To make its special knowledge and expertise available upon written request and authorization of the city council to any official, department, board, or commission of the city.

(4)

To recommend to the city council additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings.

(Ord. No. 05-03, § 1, 8-1-2005; Ord. No. 17-09, § 7, 12-4-2017)

Sec. 30-70. - Same—Board membership.

(1)

Appointment. The city council may appoint a board of zoning appeals or may designate itself by resolution to act as the board of zoning appeals. The board of zoning appeals shall have seven members.

(2)

Qualifications of members. Qualifications of members of the board of zoning appeals shall be in accordance with section 2-202 of the Code.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-71. - Same—Terms of office, removal, and vacancies.

Unless the city council acts as the board of zoning appeals, then terms of members, attendance of members, removal of members and vacancies shall be treated in the manner set forth in chapter 2, article IV of the Code of Ordinances.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-72. - Same—staff.

The community development department shall be the professional staff of the board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-73. - Same—Quorum and voting.

No meeting of the board of zoning appeals shall be called to order, nor may any business be transacted by the board of zoning appeals without a quorum meeting the requirements of section 2-206 of the Code of Ordinances. All actions of the board of zoning appeals shall require a simple majority of the members of the board of zoning appeals then present and voting when a quorum is present.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-74. - Same—Meetings.

Meetings of the board of zoning appeals shall be held as needed to dispose of matters properly before the board and may be called by the chairman or in writing by three members of the board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Section 30-75. - Same—Operating procedures.

The board of zoning appeals may, from time to time, adopt and amend bylaws and rules of procedure for the transaction of business, which rules and bylaws shall not be inconsistent with any rules or procedures established by city council or established pursuant to section 2-207 of the Code of Ordinances.

(Ord. No. 05-03, § 1, 8-1-2005)

Marco Island City Zoning Code

DIVISION 1

GENERALLY

Sec. 30-61.- Intent and purpose.

(Ord. No. 02-08, § 1, 2-4-2002)

Sec. 30-62. - Amendment procedures.

(a)

Submission of applications. This LDC or the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Applications may be proposed by:

(1)

The city council;

(2)

The planning board;

(3)

The city manager without first having approval of the city council; or

(4)

(b)

Review by the department.

(1)

(2)

(3)

(4)

(c)

Consideration by the planning board.

(1)

(2)

Notice requirements.

Notice of the planning board public hearing with regard to an LDC amendment shall be given pursuant to sub-section (f)(3)a. of this LDC.

Notice of the planning board public hearing with regard to a rezoning shall be given pursuant to sub-sections (f)(1), (2), and (3)a. of this LDC.

(3)

Planning board hearing and report to city council.

Whether the proposed change will be consistent with the goals, objectives, and policies, future land use map, and the elements of the comprehensive plan.

The existing land use pattern.

The possible creation of an isolated district unrelated to adjacent and nearby districts.

Whether existing district boundaries are illogically drawn in relation to existing conditions on the real property proposed for change.

Whether changed or changing conditions make the passage of the proposed amendment appropriate.

Whether the proposed change will adversely influence living conditions in the neighborhood.

Whether the proposed change will create a drainage problem.

Whether the proposed change will seriously reduce light and air to adjacent areas.

10.

Whether the proposed change will adversely affect property values in the adjacent area.

11.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

12.

Whether the proposed change will constitute a grant of a special privilege to an individual real property owner as contrasted with the public welfare.

13.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

14.

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

15.

Whether it is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

16.

17.

18.

Such other factors, standards, or criteria that the city council shall deem important in the protection of the public health, safety, aesthetics, and welfare.

The need and justification for the change;

Status of planning board report and recommendations. The report and recommendations of the planning board required by this section shall be advisory only and not be binding upon the city council.

(d)

City council action on planning board report.

(1)

(2)

(3)

Rezonings. No rezoning shall be permitted to exceed the density of a zoning district permissible under the density rating system and the comprehensive plan.

(4)

Notice.

Notice of city council hearings for a rezoning shall be afforded pursuant to sub-section (f)(1), (2), and (3)b.

Notice of city council hearings for an LDC amendment shall be afforded pursuant to sub-section (f)(3)b. as appropriate.

The number of hearings to be required shall be as set forth in the appropriate provision in sub-section (f)(3)b. and F.S. § 166.041(3).

(5)

(e)

Conduct of city council and planning board hearings.

(1)

Continuance and deferrals.

(2)

(3)

(4)

(f)

(1)

Posted notice/public hearing sign.

The sign must contain the following information:

A title stating NOTICE OF PUBLIC LAND USE HEARING. The title shall be in all capital letters with bold type;

The application number(s);

A description of the proposed application;

The planned public hearing dates, times and locations; and

The department's contact information.

The sign shall be posted at least 15 days prior to the first scheduled public hearing.

The sign shall be removed by the applicant within five days after the application's final hearing advertised on the sign.

(2)

Courtesy mailed notices.

The mailed courtesy notice shall contain the following information:

A title stating NOTICE OF PUBLIC LAND USE HEARING, which shall be at the top of the notice page, conspicuously placed, in bold type with at least 72 point type;

A description of the application in layman's English language terms, that is the subject of the hearing, including the type(s) of approval requested, and the application number(s);

A statement that information regarding the application(s), including planned public hearing dates, times, and locations, and a written staff report may be obtained from the department;

A notification that any member of the public may attend the noticed meeting and be heard or may submit written comments prior to the meeting to the director or at the meeting;

A notice that the public hearing or neighborhood information meeting may be continued from time to time;

The department's contact information, including address, telephone number, and e-mail address;

Wording consistent with F.S. § 286.0105, as follows:

Wording consistent with F.S. § 286.26, as follows:

The legal description or street address of the property subject to the application.

The mailed courtesy notice shall contain a graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property.

(3)

Advertised public hearing notice.

City council public hearing. City council public hearings shall be advertised as follows:

(g)

Reserved.

(h)

Limitations on the rezoning of property.

(1)

(2)

Whenever the city council has denied an application for the rezoning of property, the planning board shall not thereafter:

Consider any further application for the same rezoning of any part or all of the same property for a period of 365 days from the date of rendition of such denial;

Consider an application for any other kind of rezoning of any part or all of the same property for a period of 180 days from the date of such action.

(3)

(i)

(j)

(k)

(1)

(2)

Petition for a rezoning at such time as all required existing community and public facilities and services have been provided at the private expense of the petitioner; or

(3)

Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be timely provided; or

(4)

Facilities for parks and schools through land dedication or fee in lieu of such dedication; or

(5)

Other method acceptable to city council.

(Ord. No. 02-08, § 2, 2-4-2002; Ord. No. 17-09, § 3, 12-4-2017; Ord. No. 18-10, § 2, 6-18-2018; Ord. No. 19-11, § 2, 4-15-2019; Ord. No. 25-08, § 2, 9-8-2025)

Sec. 30-63. - Planned unit development (PUD) procedures.

(a)

(1)

PUD master plan. The PUD master plan shall include the following information unless determined to be unnecessary to graphically illustrate the development strategy:

The title of the project and name of the developer;

Scale, date, north arrow;

The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions;

The location of all proposed major internal thoroughfares and pedestrian accessways;

Typical cross sections of all major, collector, and local streets, public or private, within the proposed PUD;

The location of existing roads, rights-of-way, and pedestrian systems within 200 feet of the proposed PUD;

The overall acreage and proposed gross density for the PUD;

Other uses of land.

(2)

Title page to include name of project;

Index/table of contents;

List of exhibits;

Statement of compliance with all elements of the growth management plan;

General location map showing relationship of the site to such external facilities as in shopping areas, cultural complexes as the like;

Property ownership and general description of site (including statement of unified ownership);

Description of project development;

Boundary survey and legal description;

Proposed land uses within each tract or increment;

The proposed timing for location of, and sequence of placing or incremental development within the PUD;

The proposed location of all other roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD;

Environmental impact analysis pursuant to applicable provisions of the land development code;

Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses;

The location and nature of all other existing public facilities, such as schools, parks, fire stations and like;

Traffic impact analysis;

Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities;

Development commitments for all infrastructure and related matters;

(3)

(b)

(1)

Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan.

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffeting and screening requirements.

The adequacy of usable open space areas in existence and as proposed to serve the development.

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

The ability of the subject property and of surrounding areas to accommodate expansion.

(2)

(3)

(4)

(c)

(d)

(1)

(2)

(3)

Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan.

(4)

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffeting and screening requirements.

(5)

The adequacy of usable open space areas in existence and as proposed to serve the development.

(6)

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

(7)

The ability of the subject property and of surrounding areas to accommodate expansion.

(8)

(e)

(f)

(g)

Time limits for approved PUD master plans.

(1)

In the event that a PUD master plan is given approval, and the landowner(s) shall:

(2)

To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein.

(h)

(1)

There is a proposed change in the boundary of the PUD; or

(2)

There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or

(3)

(4)

(5)

(6)

The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; or

(7)

The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or

(8)

The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or

(9)

(10)

(11)

Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this article.

(i)

Procedure for substantial/insubstantial change determination.

(1)

Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas.

(2)

Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas.

Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses.

Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable.

(j)

(1)

Name of project.

(2)

Name of owner, developer.

(3)

(4)

Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information.

(5)

Traffic counts for all access points to the major highway network.

(6)

Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.).

(7)

Up-to-date PUD document which includes all approved amendments.

(8)

Status of commitments in PUD document.

(9)

Other information as may be required by the community development director.

(k)

(l)

Interpretations of PUD documents. The community development director shall be authorized to interpret the PUD document.

(Ord. No. 02-08, § 3, 2-4-2002; Ord. No. 17-09, § 4, 12-4-2017; Ord. No. 18-10, § 3, 6-18-2018)

Sec. 30-64. - Conditional use procedures.

(a)

(b)

Written petition.

(1)

(2)

Material to be submitted by a petitioner with a conditional use application shall include, but is not limited to, the following, where applicable:

Plans showing proposed locations for utilities. Plans providing for screening and buffering with reference as to type, dimensions, and character;

Proposed landscaping and provisions for trees protected by city regulations;

Proposed signs and lighting, including type, dimensions, and character;

Where this LDC places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met.

(3)

(4)

(c)

Planning board public hearing.

(1)

(2)

(3)

Conditions and safeguards.

Development of the conditional use shall be accomplished as set forth on the conceptual site plan. This is an automatic condition of approval of all conditional uses.

(4)

Conduct of hearing; denial.

Any party may appear in person, by agent or attorney, or may submit written comments at the hearing or prior to the hearing in writing to the director.

The hearing shall be conducted according to the provisions of section 30-62(e).

(5)

Status of planning board report and recommendations. The report and recommendations of the planning board required above shall be advisory only and shall not be binding upon the city council.

(d)

City council action on planning board report.

(1)

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of section 30-62(e).

Notice shall be given pursuant to section 30-62(f)(1), (2), and (3)b.1. of this LDC. However, the conditional use shall be approved or denied by resolution.

Approval of the conditional use shall be based on the standards set forth in subsection (c)(2).

(e)

Termination; extension.

(1)

(2)

Any conditional use shall expire 365 days following the discontinuance of the use for which the conditional use was approved.

(3)

(f)

(g)

(Ord. No. 02-08, § 4, 2-4-2002; Ord. No. 17-09, § 5, 12-4-2017; Ord. No. 18-10, § 4, 6-18-2018)

Sec. 30-65. - Variance procedures.

(a)

(b)

(c)

(1)

(2)

(3)

(d)

(e)

Procedure for request for minor after-the-fact encroachments.

(1)

(2)

(3)

(f)

(g)

Planning board public hearing.

(1)

Notice of planning board public hearing. Notice of the public hearing before the planning board shall be given as provided in subsection 30-62((f)(2) and (3)a. of this LDC.

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of subsection 30-62(e).

Approval of the variance shall be based on the standards set forth in subsection (g)(3).

(3)

That there are special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved;

That a literal interpretation of the provisions of this LDC works an unnecessary and undue hardship on the applicant or creates a practical difficulty on the applicant;

That the variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare;

That granting the variance requested will not confer on the petitioner any special privilege that is denied by this LDC to other lands, buildings, or structures in the same zoning district;

That granting the variance will be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

That the granting of the variance will be consistent with the comprehensive plan.

(4)

(5)

(6)

Status of planning board report and recommendations. The report and recommendation of the planning board required above shall be advisory only and shall not be binding upon the city council.

(h)

City council action on planning board report.

(1)

Upon receipt of the planning board's report and recommendations, the city council shall conduct a public hearing and approve, by resolution, or deny a petition for a variance.

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of subsection 30-62(e).

Notice shall be given pursuant to section 30-62(f)(2) and (3)b.1. of this LDC.

Any party may appear in person by agent or attorney; or may submit written comments to the director prior to the hearing or to city council at the hearing.

(Ord. No. 02-08, § 5, 2-4-2002; Ord. No. 10-10, § 2.5., 8-16-2010; Ord. No. 17-09, § 6, 12-4-2017; Ord. No. 18-10, § 5, 6-18-2018; Ord. No. 18-11, § 2, 6-18-2018)

Sec. 30-66. - Building permit and certificate of occupancy compliance process.

(a)

(b)

(c)

(d)

Adequate public facilities required. No building permit or certificate of occupancy shall be issued except in accordance with the adequate public facilities required in the land development code.

(e)

(f)

(Ord. No. 02-08, § 6, 2-4-2002)

Sec. 30-67. - Workforce/affordable housing.

(a)

(b)

The proposed workforce/affordable housing units must meet the definition of affordable as provided in F.S. § 420.0004.

(c)

(d)

(1)

Schedule a pre-application meeting with the city's growth management staff.

(2)

Schedule a neighborhood information meeting pursuant to the procedures contained in city code section 30-673(10).

(3)

Submit for a conditional use permit application pursuant to city code section 30-64, which shall include, but not be limited to the following elements:

Provide a floor plan showing exiting uses;

Provide a floor plan of the proposed layout of the workforce/affordable housing units and their square footage;

Show location of access to the workforce/affordable housing units;

Provide existing and proposed architectural elevations;

Any additional plans deemed necessary to fully access the proposal.

(e)

The proposed adaptive reuse of the real property pursuant to this Section shall meet the following additional criteria:

(1)

The minimum square footage requirements for the residential units developed pursuant to this section are as follows:

Efficiency and one-bedroom units, 450 square feet;

Two-bedroom units, 650 square feet;

Three-bedroom units, 900 square feet;

(2)

(3)

The remaining square footage of commercial use located shall be no less than 50 percent of the project;

(4)

The intensity of the commercial use shall not be greater than the most intense commercial use (permitted or conditional) in the zone district the project is located.

(f)

The planning board shall review the conditional use application, and take action consistent with the applicable provisions of the city's land development code.

(g)

All applicable impact and building permit fees must be paid, and the proposed use must meet all applicable building, fire, and floodplain codes.

(Ord. No. 24-07, § 2, 3, 3-4-2024)

Sec. 30-68. - Board of zoning appeals—Establishment and purpose.

There is hereby established a board of zoning appeals. As provided herein, the city council may act as the board of zoning appeals or appoint a board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-69. - Same—Powers and duties.

The board of zoning appeals shall have the following powers and duties:

(1)

(2)

(3)

To make its special knowledge and expertise available upon written request and authorization of the city council to any official, department, board, or commission of the city.

(4)

To recommend to the city council additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings.

(Ord. No. 05-03, § 1, 8-1-2005; Ord. No. 17-09, § 7, 12-4-2017)

Sec. 30-70. - Same—Board membership.

(1)

Appointment. The city council may appoint a board of zoning appeals or may designate itself by resolution to act as the board of zoning appeals. The board of zoning appeals shall have seven members.

(2)

Qualifications of members. Qualifications of members of the board of zoning appeals shall be in accordance with section 2-202 of the Code.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-71. - Same—Terms of office, removal, and vacancies.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-72. - Same—staff.

The community development department shall be the professional staff of the board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-73. - Same—Quorum and voting.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-74. - Same—Meetings.

(Ord. No. 05-03, § 1, 8-1-2005)

Section 30-75. - Same—Operating procedures.

(Ord. No. 05-03, § 1, 8-1-2005)

Marco Island City Zoning Code

DIVISION 1

GENERALLY

Sec. 30-61.- Intent and purpose.

(Ord. No. 02-08, § 1, 2-4-2002)

Sec. 30-62. - Amendment procedures.

(a)

Submission of applications. This LDC or the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Applications may be proposed by:

(1)

The city council;

(2)

The planning board;

(3)

The city manager without first having approval of the city council; or

(4)

(b)

Review by the department.

(1)

(2)

(3)

(4)

(c)

Consideration by the planning board.

(1)

(2)

Notice requirements.

Notice of the planning board public hearing with regard to an LDC amendment shall be given pursuant to sub-section (f)(3)a. of this LDC.

Notice of the planning board public hearing with regard to a rezoning shall be given pursuant to sub-sections (f)(1), (2), and (3)a. of this LDC.

(3)

Planning board hearing and report to city council.

Whether the proposed change will be consistent with the goals, objectives, and policies, future land use map, and the elements of the comprehensive plan.

The existing land use pattern.

The possible creation of an isolated district unrelated to adjacent and nearby districts.

Whether existing district boundaries are illogically drawn in relation to existing conditions on the real property proposed for change.

Whether changed or changing conditions make the passage of the proposed amendment appropriate.

Whether the proposed change will adversely influence living conditions in the neighborhood.

Whether the proposed change will create a drainage problem.

Whether the proposed change will seriously reduce light and air to adjacent areas.

10.

Whether the proposed change will adversely affect property values in the adjacent area.

11.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

12.

Whether the proposed change will constitute a grant of a special privilege to an individual real property owner as contrasted with the public welfare.

13.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning.

14.

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

15.

Whether it is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

16.

17.

18.

Such other factors, standards, or criteria that the city council shall deem important in the protection of the public health, safety, aesthetics, and welfare.

The need and justification for the change;

Status of planning board report and recommendations. The report and recommendations of the planning board required by this section shall be advisory only and not be binding upon the city council.

(d)

City council action on planning board report.

(1)

(2)

(3)

Rezonings. No rezoning shall be permitted to exceed the density of a zoning district permissible under the density rating system and the comprehensive plan.

(4)

Notice.

Notice of city council hearings for a rezoning shall be afforded pursuant to sub-section (f)(1), (2), and (3)b.

Notice of city council hearings for an LDC amendment shall be afforded pursuant to sub-section (f)(3)b. as appropriate.

The number of hearings to be required shall be as set forth in the appropriate provision in sub-section (f)(3)b. and F.S. § 166.041(3).

(5)

(e)

Conduct of city council and planning board hearings.

(1)

Continuance and deferrals.

(2)

(3)

(4)

(f)

(1)

Posted notice/public hearing sign.

The sign must contain the following information:

A title stating NOTICE OF PUBLIC LAND USE HEARING. The title shall be in all capital letters with bold type;

The application number(s);

A description of the proposed application;

The planned public hearing dates, times and locations; and

The department's contact information.

The sign shall be posted at least 15 days prior to the first scheduled public hearing.

The sign shall be removed by the applicant within five days after the application's final hearing advertised on the sign.

(2)

Courtesy mailed notices.

The mailed courtesy notice shall contain the following information:

A title stating NOTICE OF PUBLIC LAND USE HEARING, which shall be at the top of the notice page, conspicuously placed, in bold type with at least 72 point type;

A description of the application in layman's English language terms, that is the subject of the hearing, including the type(s) of approval requested, and the application number(s);

A statement that information regarding the application(s), including planned public hearing dates, times, and locations, and a written staff report may be obtained from the department;

A notification that any member of the public may attend the noticed meeting and be heard or may submit written comments prior to the meeting to the director or at the meeting;

A notice that the public hearing or neighborhood information meeting may be continued from time to time;

The department's contact information, including address, telephone number, and e-mail address;

Wording consistent with F.S. § 286.0105, as follows:

Wording consistent with F.S. § 286.26, as follows:

The legal description or street address of the property subject to the application.

The mailed courtesy notice shall contain a graphic representation of the site's location and surrounding area in sufficient detail to clearly locate the property.

(3)

Advertised public hearing notice.

City council public hearing. City council public hearings shall be advertised as follows:

(g)

Reserved.

(h)

Limitations on the rezoning of property.

(1)

(2)

Whenever the city council has denied an application for the rezoning of property, the planning board shall not thereafter:

Consider any further application for the same rezoning of any part or all of the same property for a period of 365 days from the date of rendition of such denial;

Consider an application for any other kind of rezoning of any part or all of the same property for a period of 180 days from the date of such action.

(3)

(i)

(j)

(k)

(1)

(2)

Petition for a rezoning at such time as all required existing community and public facilities and services have been provided at the private expense of the petitioner; or

(3)

Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be timely provided; or

(4)

Facilities for parks and schools through land dedication or fee in lieu of such dedication; or

(5)

Other method acceptable to city council.

(Ord. No. 02-08, § 2, 2-4-2002; Ord. No. 17-09, § 3, 12-4-2017; Ord. No. 18-10, § 2, 6-18-2018; Ord. No. 19-11, § 2, 4-15-2019; Ord. No. 25-08, § 2, 9-8-2025)

Sec. 30-63. - Planned unit development (PUD) procedures.

(a)

(1)

PUD master plan. The PUD master plan shall include the following information unless determined to be unnecessary to graphically illustrate the development strategy:

The title of the project and name of the developer;

Scale, date, north arrow;

The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions;

The location of all proposed major internal thoroughfares and pedestrian accessways;

Typical cross sections of all major, collector, and local streets, public or private, within the proposed PUD;

The location of existing roads, rights-of-way, and pedestrian systems within 200 feet of the proposed PUD;

The overall acreage and proposed gross density for the PUD;

Other uses of land.

(2)

Title page to include name of project;

Index/table of contents;

List of exhibits;

Statement of compliance with all elements of the growth management plan;

General location map showing relationship of the site to such external facilities as in shopping areas, cultural complexes as the like;

Property ownership and general description of site (including statement of unified ownership);

Description of project development;

Boundary survey and legal description;

Proposed land uses within each tract or increment;

The proposed timing for location of, and sequence of placing or incremental development within the PUD;

The proposed location of all other roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD;

Environmental impact analysis pursuant to applicable provisions of the land development code;

Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses;

The location and nature of all other existing public facilities, such as schools, parks, fire stations and like;

Traffic impact analysis;

Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities;

Development commitments for all infrastructure and related matters;

(3)

(b)

(1)

Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan.

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffeting and screening requirements.

The adequacy of usable open space areas in existence and as proposed to serve the development.

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

The ability of the subject property and of surrounding areas to accommodate expansion.

(2)

(3)

(4)

(c)

(d)

(1)

(2)

(3)

Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan.

(4)

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffeting and screening requirements.

(5)

The adequacy of usable open space areas in existence and as proposed to serve the development.

(6)

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

(7)

The ability of the subject property and of surrounding areas to accommodate expansion.

(8)

(e)

(f)

(g)

Time limits for approved PUD master plans.

(1)

In the event that a PUD master plan is given approval, and the landowner(s) shall:

(2)

To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein.

(h)

(1)

There is a proposed change in the boundary of the PUD; or

(2)

There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or

(3)

(4)

(5)

(6)

The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; or

(7)

The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or

(8)

The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or

(9)

(10)

(11)

Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this article.

(i)

Procedure for substantial/insubstantial change determination.

(1)

Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas.

(2)

Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas.

Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses.

Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable.

(j)

(1)

Name of project.

(2)

Name of owner, developer.

(3)

(4)

Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information.

(5)

Traffic counts for all access points to the major highway network.

(6)

Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.).

(7)

Up-to-date PUD document which includes all approved amendments.

(8)

Status of commitments in PUD document.

(9)

Other information as may be required by the community development director.

(k)

(l)

Interpretations of PUD documents. The community development director shall be authorized to interpret the PUD document.

(Ord. No. 02-08, § 3, 2-4-2002; Ord. No. 17-09, § 4, 12-4-2017; Ord. No. 18-10, § 3, 6-18-2018)

Sec. 30-64. - Conditional use procedures.

(a)

(b)

Written petition.

(1)

(2)

Material to be submitted by a petitioner with a conditional use application shall include, but is not limited to, the following, where applicable:

Plans showing proposed locations for utilities. Plans providing for screening and buffering with reference as to type, dimensions, and character;

Proposed landscaping and provisions for trees protected by city regulations;

Proposed signs and lighting, including type, dimensions, and character;

Where this LDC places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met.

(3)

(4)

(c)

Planning board public hearing.

(1)

(2)

(3)

Conditions and safeguards.

Development of the conditional use shall be accomplished as set forth on the conceptual site plan. This is an automatic condition of approval of all conditional uses.

(4)

Conduct of hearing; denial.

Any party may appear in person, by agent or attorney, or may submit written comments at the hearing or prior to the hearing in writing to the director.

The hearing shall be conducted according to the provisions of section 30-62(e).

(5)

Status of planning board report and recommendations. The report and recommendations of the planning board required above shall be advisory only and shall not be binding upon the city council.

(d)

City council action on planning board report.

(1)

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of section 30-62(e).

Notice shall be given pursuant to section 30-62(f)(1), (2), and (3)b.1. of this LDC. However, the conditional use shall be approved or denied by resolution.

Approval of the conditional use shall be based on the standards set forth in subsection (c)(2).

(e)

Termination; extension.

(1)

(2)

Any conditional use shall expire 365 days following the discontinuance of the use for which the conditional use was approved.

(3)

(f)

(g)

(Ord. No. 02-08, § 4, 2-4-2002; Ord. No. 17-09, § 5, 12-4-2017; Ord. No. 18-10, § 4, 6-18-2018)

Sec. 30-65. - Variance procedures.

(a)

(b)

(c)

(1)

(2)

(3)

(d)

(e)

Procedure for request for minor after-the-fact encroachments.

(1)

(2)

(3)

(f)

(g)

Planning board public hearing.

(1)

Notice of planning board public hearing. Notice of the public hearing before the planning board shall be given as provided in subsection 30-62((f)(2) and (3)a. of this LDC.

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of subsection 30-62(e).

Approval of the variance shall be based on the standards set forth in subsection (g)(3).

(3)

That there are special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved;

That a literal interpretation of the provisions of this LDC works an unnecessary and undue hardship on the applicant or creates a practical difficulty on the applicant;

That the variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare;

That granting the variance requested will not confer on the petitioner any special privilege that is denied by this LDC to other lands, buildings, or structures in the same zoning district;

That granting the variance will be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

That the granting of the variance will be consistent with the comprehensive plan.

(4)

(5)

(6)

Status of planning board report and recommendations. The report and recommendation of the planning board required above shall be advisory only and shall not be binding upon the city council.

(h)

City council action on planning board report.

(1)

Upon receipt of the planning board's report and recommendations, the city council shall conduct a public hearing and approve, by resolution, or deny a petition for a variance.

(2)

Conduct of hearing.

The hearing shall be conducted according to the provisions of subsection 30-62(e).

Notice shall be given pursuant to section 30-62(f)(2) and (3)b.1. of this LDC.

Any party may appear in person by agent or attorney; or may submit written comments to the director prior to the hearing or to city council at the hearing.

(Ord. No. 02-08, § 5, 2-4-2002; Ord. No. 10-10, § 2.5., 8-16-2010; Ord. No. 17-09, § 6, 12-4-2017; Ord. No. 18-10, § 5, 6-18-2018; Ord. No. 18-11, § 2, 6-18-2018)

Sec. 30-66. - Building permit and certificate of occupancy compliance process.

(a)

(b)

(c)

(d)

Adequate public facilities required. No building permit or certificate of occupancy shall be issued except in accordance with the adequate public facilities required in the land development code.

(e)

(f)

(Ord. No. 02-08, § 6, 2-4-2002)

Sec. 30-67. - Workforce/affordable housing.

(a)

(b)

The proposed workforce/affordable housing units must meet the definition of affordable as provided in F.S. § 420.0004.

(c)

(d)

(1)

Schedule a pre-application meeting with the city's growth management staff.

(2)

Schedule a neighborhood information meeting pursuant to the procedures contained in city code section 30-673(10).

(3)

Submit for a conditional use permit application pursuant to city code section 30-64, which shall include, but not be limited to the following elements:

Provide a floor plan showing exiting uses;

Provide a floor plan of the proposed layout of the workforce/affordable housing units and their square footage;

Show location of access to the workforce/affordable housing units;

Provide existing and proposed architectural elevations;

Any additional plans deemed necessary to fully access the proposal.

(e)

The proposed adaptive reuse of the real property pursuant to this Section shall meet the following additional criteria:

(1)

The minimum square footage requirements for the residential units developed pursuant to this section are as follows:

Efficiency and one-bedroom units, 450 square feet;

Two-bedroom units, 650 square feet;

Three-bedroom units, 900 square feet;

(2)

(3)

The remaining square footage of commercial use located shall be no less than 50 percent of the project;

(4)

The intensity of the commercial use shall not be greater than the most intense commercial use (permitted or conditional) in the zone district the project is located.

(f)

The planning board shall review the conditional use application, and take action consistent with the applicable provisions of the city's land development code.

(g)

All applicable impact and building permit fees must be paid, and the proposed use must meet all applicable building, fire, and floodplain codes.

(Ord. No. 24-07, § 2, 3, 3-4-2024)

Sec. 30-68. - Board of zoning appeals—Establishment and purpose.

There is hereby established a board of zoning appeals. As provided herein, the city council may act as the board of zoning appeals or appoint a board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-69. - Same—Powers and duties.

The board of zoning appeals shall have the following powers and duties:

(1)

(2)

(3)

To make its special knowledge and expertise available upon written request and authorization of the city council to any official, department, board, or commission of the city.

(4)

To recommend to the city council additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings.

(Ord. No. 05-03, § 1, 8-1-2005; Ord. No. 17-09, § 7, 12-4-2017)

Sec. 30-70. - Same—Board membership.

(1)

Appointment. The city council may appoint a board of zoning appeals or may designate itself by resolution to act as the board of zoning appeals. The board of zoning appeals shall have seven members.

(2)

Qualifications of members. Qualifications of members of the board of zoning appeals shall be in accordance with section 2-202 of the Code.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-71. - Same—Terms of office, removal, and vacancies.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-72. - Same—staff.

The community development department shall be the professional staff of the board of zoning appeals.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-73. - Same—Quorum and voting.

(Ord. No. 05-03, § 1, 8-1-2005)

Sec. 30-74. - Same—Meetings.

(Ord. No. 05-03, § 1, 8-1-2005)

Section 30-75. - Same—Operating procedures.

(Ord. No. 05-03, § 1, 8-1-2005)