This code shall be entitled the "Land Development Code" and may be referred to herein as the "Code."

1.01.01.

General intent. With regard to this land development code in general, it's provisions shall be construed and implemented to achieve the following intentions and purposes of the midway City council:

A.

To establish the regulation, procedures and standards for review and approval of all proposed development in the City.

B.

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the City in accordance with the comprehensive plan.

C.

To adopt a development review process that is:

1.

Efficient, in terms of time and expense;

2.

Effective, in terms of addressing the natural resources and public facility implications of proposed development; and

3.

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.

D.

To implement the city comprehensive plan as required by the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.) [now Community Planning Act, F.S. 163.2511 et seq.].

E.

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (Concurrency).

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202, (the Local Government Comprehensive Planning and Land Development Regulation Act [now Community Planning Act], the city charter, effective September 2, 1986, and the general powers in F.S. ch. 166 (Municipal Government).

1.03.01.

General applicability. Except as specifically provided below, the provisions of this Code shall apply to all development in the City, and no development shall be undertaken without prior authorization pursuant to this Code.

1.03.02.

Exceptions.

A.

Previously issued development permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if:

1.

The development activity authorized by the permit has been commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this Code, but within six month[s] of issuance of the building permit; and

2.

The development activity continues without interruption (except because of war, civil strife, natural disaster, or substantial destruction of the development beyond the control of the developer) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

B.

Previously approved development orders. Projects with development orders that have not expired at the time this Code or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

C.

Consistency with the Midway comprehensive plan. Nothing in this section shall be construed to authorize development that is inconsistent with the Midway comprehensive plan.

1.04.01.

Generally. In the interpretation and application of this Code, all provisions shall be liberally construed in favor of the objectives and purposes of the City and deemed neither to limit nor repeal any other powers granted under State statutes.

1.04.02.

Responsibility for interpretation. In the event that any question arises concerning the application of regulation, performance standards, definitions, development criteria, or any other provision of this Code, the City manager shall be responsible for interpretation and shall look to the Midway comprehensive plan for guidance. Responsibility for interpretation by the City manager shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, not be construed as overriding the responsibilities given to any commission, council, board or official named in other sections or articles of this Code.

1.04.03.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

1.04.04.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other City officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provisions or section specify otherwise.

1.04.05.

Gender. Words in importing the masculine gender shall be construed to include the feminine and neuter.

1.04.06.

Number. Words in the singular shall include the plural and words in the plural shall include the singular.

1.04.07.

Shall, May. The "shall" is mandatory; "may" is permissive.

1.04.08.

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

1.04.09.

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

1.04.10.

Day. The word "day" shall mean a work day, unless a calendar day is indicated.

1.04.11.

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

A.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter section lines shall be construed as following such lines.

D.

Boundaries shown as following or approximately following natural features shall be construed as following such features.

1.04.12.

Relationship of specific to general provisions. More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

This land development code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the city.

If any section, subsection, paragraph, sentence, clause, or phrase of this code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this code shall continue in full force and effect.

1.07.01.

Purpose. This section sets forth the application and review procedures required for obtaining development orders, and certain types of permits. This section also specified the procedures for appealing decisions and seeking legislative relief.

1.07.02.

Withdrawal of applications. An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

1.07.03.

Definitions. The following words, terms and phrases, when used in this code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abut - to physically touch or border upon; or to share a common property line.

Adversely affected person - any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational facilities; health care facilities; equipment, or service; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

City - the City of Midway, Florida.

Developer - any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development or development activity - any of the following activities:

1.

Construction, clearing, filing, excavating, grading, paving, dredging, mining, drilling, or otherwise significantly disturbing the soil of a site.

2.

Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

3.

Subdividing land into three or more parcels.

4.

Erection of a permanent sign unless expressly exempted by article X of this Code.

5.

Alteration of a historic property for which authorization is required under this Code.

6.

Changing the use of a site so that the need for parking is increased.

7.

Construction, elimination or alteration of a driveway onto a public street.

Development order - an order granting, denying, or granting with conditions an application for approval of a development project or activity. A distinction is made between a development order, which encompasses all orders: preliminary development order, final development order, and development permit. See subparagraph below.

Development permit - for purposes of this Code, a development permit is that official City document which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include: all types of construction permits (plumbing, electrical, foundation, mechanical and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.

Dwelling unit - a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Gross density or density - the total number of dwelling units divided by the total site area, less public right-of-way.

Gross floor area - the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six inches.

Impervious surface - a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Improvement - any man-made immovable item which becomes part of, is placed upon, or is affixed to real estate.

Owner - a person who, or entity which, along, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel - a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the City.

Preliminary development order - any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration. For purposes of this Code, preliminary development orders include future land use map amendments, Comprehensive plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.

Vehicle use area - an area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

1.07.04.

Authorization by a development permit required prior to undertaking any development activity.

A.

Generally. No development activity may be undertaken unless the activity is authorized by a development permit.

B.

Prerequisites to issuance of a development permit. Except as provided in paragraph C below, a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to this Code.

C.

Exception to requirement of a final development order. A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code.

1.

Development activity necessary to implement a valid site plan/development plan on which the state of construction took place prior to the adoption of this Code and has continued in good faith. Compliance with the development standards in this Code is not required if not in conflict with the previously approved plan.

2.

The construction or alteration of a one or two family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this Code. Compliance with the development standards in this Code is not required if not in conflict with the previously approved plat.

3.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

4.

The erection of a sign or removal of protected trees on a previously developed site and independent of any other development activity on the site.

5.

The resurfacing of a vehicle use area that conforms to all requirements of this Code.

6.

Construction of a single-family home or placement of a mobile home, except in areas designated as conservation on the future land use map.

D.

Post-permit changes. After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the City.

1.07.05.

Pre-application conference. Prior to filing for development plan review, the developer shall meet with the City to discuss the development review process and to be informed of which staff members to confer with about the application. No person shall rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will ultimately be approved or rejected in any form.

A.

Designation of plans as minor or major developments.

1.

Generally. For purposes of these review procedures, all development plans shall be designated by the City as either minor development or major development according to the criteria below. Before submitting a development plan for review, the developer shall provide the City with sufficient information to make this determination. The City's determination shall be supported by written findings.

2.

Major development. A development plan shall be designated as a major development if it satisfies one or more of the following criteria:

a.

The activity involves combined land and water area which exceeds ten acres; or

b.

The development is a residential project of ten or more dwelling units per acre of land and water area, or of 100 or more dwelling units; or

c.

The development involves more than 20,000 square feet of non- residential floor space; or

d.

Any development that the City designates as a major development project because:

(1)

The proposed development is part of a larger parcel for which additional development is anticipated than when aggregated with the project in question exceeds the limits of a, b, or c above; or

(2)

The proposed development should be more thoroughly and publicly reviewed because of its complexity, hazardousness or location; or

(3)

The proposed development is one which is likely to be controversial despite its small size and should, thus be more thoroughly and publicly reviewed.

3.

Minor development. A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under section 1.03.02 of this Code from the requirement of a development plan.

B.

Review of concept plans.

1.

All major developments must be submitted to concept review. Minor developments need not be submitted to concept review, but this review is recommended to developers for proposals that may be controversial.

2.

The developer shall file a completed application and a concept plan as a prerequisite to obtaining a concept review.

3.

Within 20 working days of receipt of an application and concept plan, the City shall:

a.

Determine that the submittals are incomplete and inform the developer in writing as to the deficiencies. The developer may submit an amended application within 30 working days without payment of a re-application fee, but, if more than 30 working days have elapsed, must thereafter re-initiate the application and pay an additional fee; or

b.

Determine that the submittals are complete and proceed with the following procedures.

4.

The proposal shall be placed on the agenda of the next meeting of the planning and zoning board that allows the giving of the required notice.

5.

A courtesy notice of concept review shall be mailed by the City to the developer and all property owners who, according to the most recent tax rolls, own property within 400 feet of the property proposed for development. Said list of property owners shall be provided by the developer. The notice shall be mailed at least 15 calendar days before concept review by the planning and zoning board. The expense of mailing shall be borne by the developer. Unless otherwise provided by law, regulation or decision, address for a mailed notice required by this Code shall be obtained from the records of the county tax collector. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this Code.

6.

The planning and zoning board shall consider:

a.

Characteristics of the site and surrounding area, including important natural and man-made features, the size and accessibility of the site, and surrounding land uses.

b.

Whether the concurrency requirements of article IV, concurrency management, could be met if this development were built.

c.

The nature of the proposed development, including land use types and densities, the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; internal traffic circulation systems, including trails; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

d.

Conformity of the proposed development with the comprehensive plan, this Code and other applicable regulations.

e.

Applicable regulations, review procedures, and submission requirements.

f.

Concerns and desire of surrounding landowners and other affected persons.

g.

Other applicable factors and criteria prescribed by the comprehensive plan, this Code or other law.

7.

During the concept review, the planning and zoning board shall issue no order, finding or other indication of approval or disapproval of the proposal, and no person may rely upon any comment concerning the proposal, or any expression of any nature about the proposal, made by any person as a representation or implication that the particular proposal will be ultimately approved or disapproved in any form.

C.

Review of preliminary and final development plans for minor developments.

1.

Option.

a.

The developer of a proposed minor development may choose to submit the proposed development to both a preliminary and final review, or to a single final review.

b.

If the developer chooses to submit to both a preliminary and final review, the procedures in 2.b. and 2.c. below shall be followed.

c.

If the developer chooses to submit to a single final review, only the procedures of 2.b. below shall be followed.

2.

General provisions.

a.

The developer of a proposed minor development shall submit a preliminary development plan or a final development plan to the City.

b.

A developer choosing to submit to a single final review, as provided in option 1.c. above, shall have up to 180 days to submit the final development plan for review. Within five working days of receipt of a plan, the City will:

(1)

Determine that the plan is complete and proceed with the procedures below; or,

(2)

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended Plan within 30 working days without payment of re-application fee, but, if more than 30 working days have elapsed, must thereafter re-initiate the application and pay an additional fee.

c.

A copy of the plan shall be sent to each member of the planning and zoning board.

d.

The planning and zoning board shall determine whether the proposal complies with the requirements of this Code and shall recommend to the City council approval, approval with conditions, or disapproval of the plan.

e.

Within ten working days of the meeting of the City council, the City shall:

(1)

Issue a preliminary development order complying with Section 1.07.07 below if it was a preliminary development plan that was reviewed; or

(2)

Issue a final development order complying with Section 1.07.08 below if it was a final development plan that was reviewed; or

(3)

Refuse to issue a preliminary or final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

3.

Approval of final development plan.

a.

If the developer chooses to submit a preliminary development plan for review, a final development plan shall be submitted within six months of approval of the preliminary plan. If this deadline is not met, the preliminary development order expires.

b.

Within 15 working days the City shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the approved preliminary plan and the conditions, if any, imposed during preliminary review. The City shall:

(1)

Issue a final development order complying with Section 1.07.08 below; or

(2)

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order, if any.

D.

Review of preliminary development plans for major developments.

1.

Review of preliminary development plans.

a.

The developer shall, within six months after completion of the concept review, submit a preliminary development plan to the City. If more than six months elapse, the developer must resubmit the plan for concept review.

b.

Within five working days of receipt of a preliminary development plan, the City shall:

(1)

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 working days without payment of an additional fee, but, if more than 30 days have elapsed, must thereafter initiate a new application and pay a new fee; or

(2)

Determine that the plan is complete and proceed with the following procedures.

c.

The City shall send a copy of the preliminary development plan to each member of the planning and zoning board and shall place the plan on the agenda of the next board meeting that allows giving, for at least 15 calendar days, the following notices:

(1)

Mailed notice to the developer; and

(2)

Posted notice on the development site.

On the earliest available date that allows the giving of the required notice, the planning and zoning board shall hold a public hearing on the preliminary development plan to determine whether the plan satisfies the requirements of this Code.

d.

Each board member shall submit written comments as to the proposed developments probable effect on the public facilities and services that the member represents. Interested persons shall be given a reasonable opportunity to comment orally or in writing. The planning and zoning board shall:

(1)

Recommend that the City council issue a preliminary development order complying with Section 1.07.07 below; or

(2)

Recommend that the City council not issue a preliminary development order based on the inability of the proposed development, even with reasonable modifications, to meet the requirements of this Code.

E.

Review of final development plans.

1.

The developer shall submit a final development plan for review within the time period in which the preliminary development order is valid.

2.

Within 20 working days the City shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the preliminary development order.

3.

The City shall:

a.

Issue a final development order complying with section 1.07.08 below; or

b.

Refuse to issue a final development order based on the failure of the developer to comply with the conditions, if any, imposed by the preliminary development order.

1.07.06.

Project phasing. A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the preliminary development plan for the first phase of the development and must be approved as a condition of the approval of the preliminary plan for the first phase. A preliminary and final development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreation and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

1.07.07.

Required and optional contents of preliminary development orders.

A.

Required contents. A preliminary development order shall contain the following:

1.

An approved preliminary development plan (may be subject to conditions and modifications) with findings and conclusions.

2.

A listing of conditions that must be met, and modifications to the preliminary development plan that must be made, in order for the final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.

3.

A listing of federal, state and regional permits that must be obtained in order for a final development to be issued.

4.

With regard to the concurrency management requirements in Article IV:

a.

The initial determination of concurrency by the City.

b.

The time period for which the preliminary development order is valid. This initial determination. Indicates that capacity is expected to be available for the proposed project, provided that a complete application for a final development order is submitted prior to the expiration date of the preliminary development order.

c.

Notice that the preliminary development order does not constitute a final development order and that one or more concurrency determinations may subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a final development order.

d.

Notice that issuance of a preliminary development order is not binding with Regard to decisions to approve or deny a final development order, and that it does not constitute a binding commitment for capacity of a facility or service.

B.

Optional contents. A preliminary development order may include an agreement by the developer in a recordable written instrument to any conditions as may be required by the planning and zoning board to ensure that concurrency will be met for all applicable facilities and services.

1.07.08.

Required and optional contents of final development orders.

A.

Required contents. A final development order shall contain the following:

1.

A determination that, where one was required, a valid preliminary development order exists for the requested development.

2.

An approved final development plan with findings and conclusions.

3.

A determination that all conditions of the preliminary development order have been met.

4.

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

5.

A specific time period during which the development shall commence and be completed. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval, not to exceed three years.

6.

A commitment by the City to the following:

a.

The necessary facilities shall not be deferred or deleted from the capital improvements element or the adopted one-year capital budget unless the subject final development order expires or is rescinded prior to the issuance of a certificate of occupancy.

b.

Contacts shall provide that construction of necessary facilities must proceed to completion with no unreasonable delay or interruption.

B.

Optional contents. A final development order may contain:

1.

A schedule of construction phasing consistent with availability of capacity of one or more services and facilities.

2.

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

3.

Any alternative service impact mitigation measures to which the applicant has committed in a recordable written instrument.

4.

A bond in the amount of 110 percent of the cost of services or facilities that the applicant is required to construct, contract for construction, or otherwise provide.

5.

Such other conditions as may be required to ensure compliance with the concurrency requirements.

1.07.09.

Submittals.

A.

Applications. Applications for development review shall be available from the City. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal or their agents which shall be notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signatures shall be accompanied by a notation of the signer's office in the corporation and embossed with the corporate seal.

B.

Required contents of conceptual review application. An applicant for conceptual review must provide the City with the information listed below. Note that drawings and sketches may be submitted to meet requirements for maps and diagrams. Such drawings or sketches need not be exactly to scale but must represent to the fullest extent possible the relative size and location of the required elements below:

1.

Names of project owners and their addresses.

2.

A map depicting the general location of the subject parcel, showing streets abutting the subject parcel and showing nearest roadway intersections.

3.

The current zoning and land use designations on the subject parcel.

4.

The acreage of the subject parcel.

5.

The intended use of the subject parcel. Identify the number of dwelling units or structures to be constructed and their approximate square footage.

6.

A map showing the general locations of the following, where applicable:

a.

Dwelling units and/or nonresidential structures.

b.

Lot lines.

c.

Interior roads and ingress and egress points.

d.

Utilities, identifying each type of utility.

e.

Easements.

f.

On-site parking areas.

g.

Open space.

h.

Buffer zones.

i.

Recreation areas.

j.

Landscaped areas.

k.

On-site signs.

7.

A diagram or description of the number and type of signs to be placed on-site.

8.

A map depicting current land use and zoning designations for all parcels within 400 feet of the subject parcel.

9.

A map depicting the location of natural features on the subject parcel and within four hundred fees of the subject parcel. Natural features include ponds, lakes, reservoirs, streams, wetlands, floodplains, and conservation areas.

10.

A map depicting the location of existing facilities which serve the subject parcel. Existing facilities include, but are not limited to, roads, drainage systems, water lines, sewer lines, and electric lines.

C.

Preliminary development plan. A preliminary development plan shall include the information required in the conceptual review application plus the following additional information. Maps and diagrams required under this section must be drawn to scale. A scale and north arrow must be provided on each map.

1.

A map depicting the general location of the subject parcel, showing streets abutting the subject parcel, the names of those streets, and nearest roadway intersections with street names. Maps shall be provided at a scale of not less than one-half inch equals one mile.

2.

A map showing the locations of the following, where applicable, at an adequate scale which allows for the review of the information presented:

a.

Dwelling units and/or nonresidential structures.

b.

Lot lines.

c.

Interior roads/streets, road/street names, and ingress and egress points.

d.

Roadway rights-of-way.

e.

Utilities, identifying each type of utility.

f.

Easements.

g.

On-site parking area.

h.

Open space.

i.

Buffer zones.

j.

Recreation areas.

k.

Landscaped areas.

l.

On-site signs.

3.

A diagram of the number and type of signs to be place on-site, drawn to scale.

4.

A map depicting the location of natural features on the subject parcel and within 400 feet of the subject parcel, at an adequate scale which allows for the review of the information being presented. Natural features include ponds, lakes, reservoirs, streams, wetlands, floodplains, and conservation areas.

5.

A map depicting the location of existing facilities which serve the subject parcel. Existing facilities include, but are not limited to, roads, drainage systems, water lines, sewer lines, and electrical lines.

6.

Soil profiles to a minimum depth of six feet using the USDA soil classification methodology. Profiles shall be performed at equal distance throughout the proposed development to provide adequate information on the overall suitability of the parcel for the use of on-site soil absorption systems. Soil analysis must be performed by a soil engineer or any person certified in soil analysis by the state of Florida.

7.

A map of the site depicting contour lines at ten foot intervals, or smaller intervals if deemed necessary by the City.

8.

Location of City limit lines and county lines if applicable.

9.

Deed restrictions, restrictive covenants, etc., shall be submitted with the preliminary development Plan for recordation.

D.

Final development plan. A final development plan shall include the information required in a preliminary development Plan plus the following additional or more detailed information.

1.

The original and three mylars of all maps required under the preliminary development plan section, plus the original and three copies of all supplemental materials, such as explanatory text or additional documentation required under this section. All documents submitted must meet any imposed conditions or modifications as required by the planning and zoning board during the preliminary development plan review process.

2.

A metes and bounds description of land to be developed from which the starting point and boundary can be determined.

3.

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any other plat or final development plan. The name of the development shall be indicated on every page.

4.

All interior excluded parcels shall be clearly indicated and labeled "not part of this development."

5.

Where the development includes private streets, private recreation areas and other private facilities, the ownership and maintenance association documents shall be submitted with the final development plan, and the dedication contained on the development plan shall clearly indicate those facilities for which the association without recourse to the City or any other public agency.

1.07.10.

Procedure for obtaining development permits.

A.

Application. Application for a development permit shall be made to the City on a form provided by the City and may be acted upon by the City without public hearing or notice.

1.07.11.

Procedures for amending this Code.

A.

State law controlling. The procedures in this part shall be following in amending this Code and the comprehensive plan. This part supplements the mandatory requirements of State law, which must be adhered to in all respects.

B.

Amending this Code. The City shall refer applications to amend this Code to the planning and zoning board for comment. The City manager shall set the application for consideration before the City council upon receipt of comments from the planning and zoning board, or 60 days from the date the application was referred to the planning and zoning board, whichever comes first.

C.

Recommendation of the planning and zoning board. The planning and zoning board shall review each application to amend this Code at a regularly scheduled meeting and thereafter submit to the City Council a written recommendation which:

1.

Identifies any provisions of the Code or other law relating to the proposed change and describes how the proposal relates to them.

2.

States factual and policy considerations pertaining to the recommendation.

3.

Includes the written comments, if any, received from City staff and interested parties.

1.07.12.

Procedure for amending the comprehensive plan.

A.

Applications to amend the comprehensive plan shall be set for consideration before the planning and zoning board.

B.

Recommendations of the planning and zoning board. The planning and zoning board shall hold a duly noticed public hearing on each application to amend the comprehensive plan and thereafter submit to the City council a written recommendation which:

1.

Identifies any provisions of the comprehensive plan or other law relating to the proposed change and describes how the proposal relates to them.

2.

States factual and policy considerations pertaining to the recommendation.

3.

Includes the written comments, if any, received from City staff and interested parties.

C.

Decision by City council. The City council shall hold a public hearing on the proposed amendment to this Code or to the comprehensive plan and may enact or reject the proposal, or enact a modified proposal that is within the scope of the matter considered in the hearing.

D.

Public hearings for comprehensive plan amendments. Each public hearing shall conform to the following requirements:

1.

Notice. Notice that complies with requirements of State law shall be given.

2.

Hearing. The public hearing shall as a minimum:

a.

Comply with the requirements of state law.

b.

Present the City's analysis of the proposed decision.

c.

Present the City's summary of reports by other agencies.

d.

Permit any person to submit written recommendations and comments before or during the hearing.

e.

Permit a reasonable opportunity for interested persons to make oral statements.

1.07.13.

Judicial review. A final legislative action of the City council may be reviewed in a court of proper jurisdiction as prescribed by law.

1.07.14.

Enforcement of development permits and orders.

A.

Definitions.

1.

Minor deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

a.

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

b.

Reduction of the total amount of open space by not more than five percent, or reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code.

2.

Major deviations. A major deviation is a deviation other than minor deviation from a final development plan.

B.

On-going inspections.

1.

Inspection. Working with Gadsden County, the City shall implement a procedure for periodic inspection of development work in progress to insure compliance with the development permit which authorized the activity.

2.

Minor deviations. If the work is found to have more than one minor deviation, the City shall amend the development order to conform to actual development. The City may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the planning and zoning board for treatment as a major deviation.

3.

Major deviations.

a.

If the work is found to have any major deviations, the City shall:

1.

Place the matter on the next agenda of the planning and zoning board, allowing for adequate notice, and recommend appropriate action for the Board to take.

2.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development, if deemed necessary, to protect the public interest. The order shall remain in effect until the City determines that work or occupancy may proceed pursuant to the decision of the planning and zoning board.

3.

Refer the matter to the code enforcement officer if it appears that the developer has committed violations of the applicable Codes.

b.

The planning and zoning board shall hold a meeting on the matter and shall take one of the following actions:

1.

Order the developer to bring the development into substantial compliance (i.e., having no major deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with; or

2.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this Code; or

3.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

4.

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

1.07.15.

Application for certificate of occupancy. Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the City or its designated inspection authority for a certificate of occupancy. The City or its designated inspection authority shall inspect the work and issue the Certificate if found to be in conformity with the permit or order.

1.07.16.

Enforcement of code provisions.

A.

Generally. The City working with Gadsden County building department shall enforce the provisions of this Code.

B.

Other penalties and remedies.

1.

If the City determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

a.

Civil remedies. if any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the City, through the City attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct or abate the violations.

b.

Criminal penalties. any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

1.08.01.

Generally. Special exceptions shall be heard and decided by the board of adjustment and appeals as specifically authorized by laws or regulations of the City. The board of adjustment and appeals shall decide such questions as are involved in determining whether special exceptions should be granted; and shall grant special exceptions with such conditions and safeguards as are appropriate under this Code or other applicable laws or regulations of the City or shall deny special exceptions when not in harmony with the purpose and intent of this Code or other laws, rules, or regulations of the City. A special exception shall not be granted by the board of adjustment and appeals unless and until:

A.

A written application for a special exception is submitted indicating the section of the Code, law or regulation under which the special exception is sought and stating the grounds on which it is requested.

B.

Notice shall be given at least 15 calendar days in advance of public hearing. The owner of the property for which the special exception is sought, or his agent, shall be posted on the property for which the special exception is sought, at City hall, and shall be published in a newspaper of general circulation within the City.

C.

A courtesy notice may be mailed to the property owners who, according to the most recent tax rolls, own property within 400 feet of the property; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. Said list of property owners shall be provided by the applicant and the expense of mailing borne by same. Unless otherwise provided by law, regulation or decision, address for a mailed notice required by this code shall be obtained from the records of the county tax collector.

D.

Any person may appear in person, or be represented by an attorney at the public hearing. The board of adjustment and appeals shall make such findings as it is empowered to by this Code or other law, rule or regulation of the City, but in no case shall grant a special exception that in any way adversely affects the public interest.

1.08.02.

Issuance of special exception. Before any special exception shall be issued, the board of adjustments [and appeals] shall make written findings certifying compliance with the specific laws, or regulations, including the Midway comprehensive plan, governing individual special exceptions, and that satisfactory provision and arrangement has been made concerning, but not limited to, the following, where applicable:

A.

Ingress and egress 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.

B.

Off-street parking and loading areas, where required, with particular attention to the items in A. above, and economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the zoning district.

C.

Refuse and service areas, with particular reference to the items in A. and B. above.

D.

Utilities, with reference to locations, availability, and compatibility.

E.

Screen and buffering with reference to type, dimensions, and character.

F.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the zoning district.

G.

Required yards and other open spaces.

H.

Height.

I.

Landscaping.

J.

Renewal and/or termination dates.

K.

That the use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, building size and setbacks, its relationship to land values, and other factors that may be used to measure compatibility.

In granting any special exception, the board of adjustment and appeals may prescribe appropriate conditions and safeguards in conformity with this Code or other applicable laws, rules, or regulations of the City. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed to be a violation of this code and shall be punishable as provided herein.

1.09.01.

Generally. Variances shall be heard and decided by the board of adjustment and appeals as specifically authorized by laws or regulations of the City. The board of adjustment and appeals shall decide such questions as are involved in determining whether to grant, upon appeal, in specific cases, such variance from the terms of specific laws, rules, or regulations of the City as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the law, rules, or regulations would result in unnecessary and undue hardship for the applicant and that, by granting the variance, the spirit of the law, rule or regulation will be observed, public safety and welfare secured, and substantial justice done. A variance shall not be granted by the board of adjustment and appeals unless and until:

A.

A written application for a variance is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district.

2.

That is the applicant complies strictly with the provisions of the applicable law, rule or regulation, he can make no reasonable use of his property.

3.

That literal interpretation of the provisions of the applicable law, rule, or regulation would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.

4.

That the hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public.

5.

That the hardship relates to the applicant's land, structure or building, rather than personal circumstances.

6.

That hardship resulting from the special conditions and circumstances referred to in 1 above are not the results of the applicant's own actions.

7.

That granting the variance will not confer on the applicant any special privilege that is denied by this code, or another applicable law, rule, or regulation to other lands, structures or dwellings in the same zoning district.

8.

That the variance will not result in the extension of a nonconforming use of situation nor authorize the initiation of a nonconforming use or situation. No nonconforming use of neighboring lands, structures or building in other districts shall be considered as grounds for issuance of a variance.

B.

Notice of public hearing shall be the same as specified for special exceptions in Article 1.08.01 above.

C.

Any person may appear in person, or be represented by an agent or by any attorney at the public hearing.

D.

The board of adjustment and appeals shall make the following findings:

1.

That the requirements of article 1.09.01.A above have been met by the applicant for a variance.

2.

That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

3.

That the granting of the variance will be in harmony with the general purpose and intent of this code, or other applicable law, rule, or regulation; will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

E.

In granting variances, the board of adjustment and appeals may impose such reasonable conditions and safeguards as will ensure that the use of property to which the variance applies will be as compatible as practicable with the surrounding properties. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be punishable as provided herein.

F.

A variance may be issued for an indefinite duration or for a specified duration only.

All hearings for special exception or variance before the board of adjustment and appeals shall be initiated by:

A.

The owner or owners of at least 75 percent of the property described in the application; or

B.

Tenant or tenants, with the owners' sworn-to-consent; or

C.

Duly authorized agents; or

D.

City council; [or]

E.

Planning and zoning board; or

F.

Any department or agency of the City.

A.

Generally. Fees are charges to cover the costs of administering applications for development reviews, site plan approvals, zoning changes, variances, special exceptions, appeals, comprehensive plan amendments, etc. Applicants shall file a written request and shall be required to pay the following fee(s) at the time of filing such application:

(1)

Application for development review:

a.

Less than three acres .....$100.00

b.

Three—ten acres ..... 250.00

c.

Above ten acres ..... 500.00

(2)

Application for site plan approval: .....

a.

Less than three acres ..... 100.00

b.

Three—ten acres ..... 250.00

c.

Above ten acres ..... 500.00

(3)

Application for zoning change ..... 300.00

(4)

Comprehensive plan amendment: .....

a.

Small scale amendment ..... 250.00

b.

Full scale amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00—1,500.00

(5)

Subdivision approval/platting .....$500.00

(6)

Vacation of right-of-way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00—250.00

(7)

Special exception .....$ 75.00

(8)

Variance .....  75.00

(9)

Appeal of administrative decisions before the board of adjustment and appeals: .....

a.

First item ..... 100.00

b.

Each additional item .....  25.00

(10)

Driveway permit .....  10.00

(11)

Application for septic tank inspection .....  10.00

(12)

Application for mobile home inspection .....  10.00

(13)

Application for building permit .....  10.00