The purpose of this article is to establish uniform requirements and procedures for reviewing applications for site plan approval. It is further the intent of this article to establish procedures and standards to implement the goals and policies of the city comprehensive plan and to ensure compliance with the intent, standards and procedures of all applicable land development regulations.

(LDC 1997, ch. 6, § 1.03)

All construction, including site improvements (except those required to meet subdivision regulations), of building improvements for new structures, increases in the size of a structure, or changing the use of a structure, shall be required to comply with the requirements of this chapter; except where exempted in chapter 98 of this land development code, pertaining to developmental procedures and regulations.

(LDC 1997, ch. 6, § 1.04)

For purposes of review and approval under this land development code, all plans shall be designated as minor development or major development as outlined as follows:

(1)

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

a.

The plan proposes the development of five or more dwelling units;

b.

The plan proposes the development of 2,000 or more square feet of nonresidential floor space;

c.

The plan proposes to add more than 40 percent new impervious area to that which is already existing on the site;

d.

The plan is part of a larger development proposal or poses special development issues that, in the opinion of the city manager or designee, require the additional review of a major development; or

e.

Where two or more minor site plan requests or administrative approval requests for a single project area/site have been submitted and approved over any one-year period, the city manager or designee may require any subsequent request to be reviewed pursuant to the criteria of a major development.

(2)

Minor development. A development plan shall be designated as a minor development if it fails to meet the criteria for major development.

(3)

Exemptions. Single-family and duplex dwelling units or appurtenances thereto, such as residential swimming pools, fences, yard, etc., are exempt from site plan review. All development which meets the subdivision criteria shall be exempt from the requirements of this article.

(LDC 1997, ch. 6, § 1.05; Ord. No. 2006-17, § 5, 4-25-2006)

Unless exempt from the requirements of this article, whenever site plan approval is required for a project, before any construction commences and while any construction is being undertaken, a sufficient number of commercial dumpsters shall be placed on the property and all construction debris, garbage or trash generated by the project shall be placed in the dumpsters. The dumpsters shall be emptied as necessary to prevent debris from exceeding the top of the dumpster.

Additionally, in conjunction with the issuance of a building permit for any project within the city, the city may condition the issuance of the permit on the proper collection and disposal of construction and demolition debris from the project. Conditions may include the type of collection container, location on the site of the container, and the time and manner of collection. The applicant for the building permit shall identify any construction and demolition debris collector they will be using on their project. All persons collecting construction and demolition debris must be registered with the city if required by section 58-31 of the Code.

(LDC 1997, ch. 6, § 1.051; Ord. No. 2021-06, § 1, 5-18-2021)

(a)

General provisions.

(1)

Off-street parking required. Off-street parking facilities shall be provided for all development within the city pursuant to the requirements of this land development code. The facilities shall be maintained as long as the use exists that the facilities were designed to serve.

(2)

Computation.

a.

Fractional spaces. When the number of off-street spaces required by this land development code results in a fractional space, the fraction shall be counted as one parking space.

b.

Fixed seats and assembly areas. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

c.

Benches. In stadiums, sports arenas, churches, and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, each 20 inches of seating facilities shall be counted as one seat.

d.

Gross floor area. Unless otherwise stated in this section, square feet shall be defined as gross floor area. Gross floor area shall be the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls.

(b)

Required off-street parking spaces.

(1)

Minimum requirements. The matrix in this section specifies the required minimum number of off-street motor vehicle and bicycle parking spaces and, in the notes, any special requirements that may apply.

(2)

Uses not listed. The number of parking spaces required for uses not listed in the matrix shall be determined by the city based upon information provided by the applicant. Applicable information shall include requirements for similar uses and appropriate traffic engineering and planning data necessary to establish a minimum number of parking spaces based upon the principles of this land development code.

(3)

Multiple uses. Where a combination of uses is proposed for development, parking shall be provided for each of the uses as prescribed by the matrix unless a reduction is granted as specified later in this section.

_____

(4)

Matrix.

RESIDENTIAL

Notes:

COMMERCIAL

Notes:

OFFICE

INSTITUTIONAL

Notes:

EDUCATIONAL

INDUSTRIAL

ENTERTAINMENT AND RECREATION

(c)

Special parking spaces.

(1)

Parking for handicapped persons. Any parking area to be used by the general public shall provide suitable, marked parking spaces for handicapped persons. The number, design and location of these spaces shall be consistent with the requirements of the applicable state statutes or succeeding provisions. Parking spaces required for the handicapped may be counted as parking spaces in determining compliance with this article. All spaces for the handicapped shall be paved.

(2)

Compact spaces. Compact parking spaces are prohibited.

(3)

Bicycle parking. Bicycle racks or other acceptable bicycle parking devices shall:

a.

Be designed to allow each bicycle to be supported by its frame.

b.

Be designed to allow the frame and wheels of each bicycle to be secured against theft.

c.

Be anchored to resist removal and solidly constructed to resist damage by rust, corrosion, and vandalism.

d.

Be located to prevent damage to bicycle by cars.

e.

Be located in convenient, highly-visible, active, well-lighted areas.

f.

Be located so as not to interfere with pedestrian movements.

g.

Be located as near the principal entrance of the building as practical.

h.

Provide safe access from the spaces to the right-of-way or bikeway.

Computation for the parking requirements for bicycles must meet the minimum of one space, not fractions.

(d)

Adjustments to requirements.

(1)

Vehicle parking deferral.

a.

To avoid requiring more parking spaces than actually needed to serve a development, the city may defer the provision of some portion of the off-street parking spaces required by this land development code if previous experience within the city for such a use or information supplied by the developer suggests that the required number of parking spaces may not be necessary. In such a case, the developer shall provide a deferred parking plan in accordance with criteria in subsection b.

b.

A deferred parking plan shall:

1.

Be designed to contain sufficient space to meet the full parking requirements of this land development code, shall illustrate the layout for the full number of parking spaces, and shall designate which are to be deferred.

2.

Not assign deferred spaces to areas required for landscaping, transition zones, setbacks, or areas that would otherwise be unsuitable for parking spaces because of physical characteristics of the land or other requirements of this land development code.

3.

Include a landscaping plan for the deferred parking area.

4.

Include a written agreement with the city that, one year from the date of issuance of the certificate of occupancy, the deferred spaces will be converted to parking spaces that conform to this land development code at the developer's expense should the city determine from experience that the additional parking spaces are needed.

5.

Include a written agreement that the developer shall incur the expense of a traffic study to be undertaken by a registered transportation engineer to determine the advisability of providing the full parking requirements should the city determine from experience that the additional parking spaces are needed.

c.

Upon a preliminary finding that the parking is inadequate, but not sooner than one year after the date of issuance of the certificate of occupancy for the development, the city shall request a study to determine the need for providing the full parking requirement to satisfy the observed demand for parking as discussed in subsection b. of this section.

d.

Based upon the study and the recommendations of the transportation engineer and the city manager or designee, the city shall determine if the deferred spaces shall be converted to operable parking spaces by the developer or retained as deferred parking area.

e.

The developer may at any time request that the city approve a revised development plan to allow converting the deferred spaces to operable parking spaces.

(LDC 1997, ch. 6, § 1.06; Ord. No. 2006-17, § 6, 4-25-2006)

Cross reference— Stopping, standing, and parking, § 44-41 et seq.

(a)

Driveway surface requirements. All driveways shall be constructed of engineered products designed for that purpose, such as concrete, asphalt, brick, concrete pavers or geo-grid pervious grass pavers specifically designed for this purpose.

(b)

Driveway impervious surface area considerations.

(1)

Impervious surfaces for purposes of this section shall include any surface which will not permit the percolation of water into the ground, including, but not limited to, concrete, asphalt, brick and concrete pavers.

(2)

Pervious surfaces for purposes of this section shall include any surface not specified as impervious as long as it permits the percolation of water into the ground, such as geo-grid pervious grass pavers.

(3)

No driveway shall be constructed of impervious surfaces so that the impervious surface area requirements for the city are violated.

(LDC 1997, ch. 6, § 1.061)

(a)

Impervious surfaces, for purposes of this section, shall include any surfaces which will not permit the percolation of water into the ground, including, but not limited to, concrete, asphalt, brick, concrete pavers and fine grained soils such as clay.

(b)

Pervious surfaces, for purposes of this section of this land development code, shall include any surface not specified as impervious as long as it permits the percolation of water into the ground, such as geo-grid pervious grass pavers.

(c)

No walk or slab shall be constructed of impervious surfaces so that the impervious surface area requirements for the city are violated.

(LDC 1997, ch. 6, § 1.062)

_____

Spaces to accommodate off-street loading of business vehicles shall be provided as required in the following table:

REQUIRED LOADING SPACES

(LDC 1997, ch. 6, § 1.07)

(a)

Location.

(1)

Except as provided in this section, all required off-street parking spaces and the use they are intended to serve shall be located on the same parcel.

(2)

The city may approve a special exception for off-street parking facilities as part of the parking required by this land development code if:

a.

The location of the off-street parking spaces will adequately serve the use for which it is intended. The following factors shall be considered:

1.

Proximity of the off-site spaces to the use that they will serve.

2.

Ease of pedestrian access to the off-site parking spaces.

3.

Whether off-site parking spaces are compatible with the use intended to be served; e.g., off-site parking is not ordinarily compatible with high turnover uses such as retail.

b.

The location of off-street parking spaces will not create unreasonable:

1.

Hazards to pedestrians.

2.

Hazards to vehicular traffic.

3.

Traffic congestion.

4.

Interference with access to other parking spaces in the vicinity.

5.

Detriment to any nearby use.

c.

The developer supplies a written agreement or attaches off-site parking by deed to the parcel to which such parking is designed to serve, approved in form by the city attorney, ensuring the continued availability of the off-site parking facilities for the use they are intended to serve.

(3)

All parking spaces required by this land development code for residential uses should be located no further than the following distances from the units they serve:

Resident parking: 100 feet

Visitor parking: 150 feet

Distances shall be measured from the dwelling unit's entry to the parking space. Where a stairway or elevator provides access to dwelling units, the stairway or elevator shall be considered to be the entrance to the dwelling unit. For purposes of measuring these distances, each required parking space shall be assigned to a specific unit on the development plan, whether or not the developer will actually assign spaces for the exclusive use of the specific unit.

(4)

Each required loading space shall be accessible to street, service drive, or alley in a manner that will not interfere with the movement of vehicles passing the loading space.

(5)

No loading space shall be located so that a vehicle must back onto a public street or extend into any street right-of-way while being loaded or unloaded.

(b)

Size.

(1)

Parking spaces.

a.

A standard parking space shall be ten feet wide and 20 feet long.

b.

Parallel parking spaces shall be a minimum of ten feet wide and 22 feet long.

c.

A standard motorcycle parking space shall be 4¼ feet long.

d.

Spaces for handicapped parking shall be the size specified by the applicable state statutes.

e.

A tandem parking space is a parking space that abuts a second parking space in such a manner that vehicular access to the second space can be made only through the abutting (tandem) space. Tandem parking spaces shall be a minimum of eight feet wide and 20 feet long, and may only be used for residential uses in accordance with requirements of this article.

(2)

Loading spaces. The standard off-street loading space shall be 12 feet wide, 25 feet long, provide vertical clearance of 15 feet, and provide adequate area for maneuvering, ingress and egress. The city may require the length of one or more of the loading spaces to be increased up to 55 feet if full-length tractor trailers are anticipated to be accommodated. Developers may install spaces that are larger than the standard, but the number of spaces shall not be reduced on that account. Other provisions may be approved by the SRP.

(c)

Layout.

(1)

General requirements.

a.

Roadways, driveways, off-street parking and loading areas and pedestrian and bicyclist circulation facilities shall be designed to be safe and convenient.

b.

Parking and loading areas, aisles, pedestrian walks, bikeways, landscaping, and open space shall be designed as integral parts of an overall development plan and shall be properly related to existing and proposed buildings.

c.

Buildings, parking and loading areas, landscaping and open space shall be designed so that pedestrians moving from parking areas to buildings and between buildings are not unreasonably exposed to vehicular traffic.

d.

Each off-street parking space shall open directly onto an aisle or driveway that, except for single-family and multifamily residences, is not a public street.

e.

Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single-family or multifamily residence or townhouse with an attached garage shall be counted as a parking space for the dwelling unit, or as a number of parking spaces as determined by the city based on the size and accessibility of the driveway.

f.

The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces. A physical separation or barrier, such as vertical curbs, may be required to separate parking spaces from travel lanes.

g.

Parking spaces for all uses, except single-family and multifamily residences and townhouse units with attached garages, shall be designed to permit entry and exit without moving any other motor vehicles.

h.

No parking space shall be located so as to block access by emergency vehicles.

i.

Dead-end aisles with adjoining parking spaces shall have an extension of the aisle a minimum of five feet beyond the last space to provide for vehicular maneuvering.

(2)

Reductions in required width and length may be permitted by the city mayor or designee under the following conditions. Such reductions shall be utilized to reduce pavement area, preserve significant trees or vegetation or increase landscaped areas. The unpaved area resulting from such reductions shall not be credited towards required vehicular use landscaping or be included within required buffers.

a.

Reduced width. An unlimited number of spaces may be approved to be reduced to nine feet wide to increase internal landscaped area above the minimums specified by this land development code and to preserve existing specimen trees.

b.

Reduced length. Designers are encouraged to reduce paved areas by reducing the length of standard parking spaces to 18 feet of pavement with two feet of grassed overhang area. Continuous curbing or wheel stops shall be used at the end of the 18-foot dimension.

(d)

Grass parking for overflow parking only. Designers are encouraged to provide grassed overflow parking areas where the number of spaces desired is greater than land development code minimums. The provision for grassed parking to satisfy minimum parking requirements shall comply with the following standards:

(1)

Grassed parking shall be shown on the development plan. Stormwater, landscaping, buffer, setback and other applicable provisions of this land development code shall be complied with as though the area was being paved.

(2)

No grassed parking area shall be established within any required open space or landscape area, and no such area shall be credited toward required buffers and landscaping.

(3)

Grass may be substituted with cypress mulch, bark, gravel or other similar material, provided such material is a minimum of two inches deep, placed upon porous weed barrier and effectively contained within a border of concrete, railroad ties, or other rigid material.

(4)

If grassed parking areas are regularly used so as to become rutted, uneven, unable to drain properly, unsightly or unmaintained, the city may require that the area be paved as specified in this article.

(e)

Surfacing.

(1)

In general. All parking and loading spaces, drives, access, aisles, and other means of vehicular access required under this land development code shall be graded and paved in accordance with the specifications.

(2)

Alternative surfaces.

a.

The city may allow specified parking spaces or areas to be surfaced with paver blocks, or other semi-impervious material in order to reduce adverse impacts to existing vegetation and trees shown to be preserved on a development plan.

b.

The city may allow grass parking in accordance with provisions stated in subsection (d) of this section.

c.

The city may allow alternative surfaces, such as brick or decorative, block for decorative purposes, provided that such materials are determined to be an acceptable substitute by the city mayor or designee.

(f)

Curbing and wheel stops.

(1)

Curbing, wheel stops, or barriers to protect sidewalks, walls, fences, or landscaped areas, and to prevent parking or loading where not permitted, shall be provided in accordance with this land development code except for parking areas for single-family or multifamily dwellings.

(2)

Wheel stops shall be installed at least 30 inches from an adjacent sidewalk, fence, wall or hedge. The stops shall be of the standard concrete curb type or other appurtenance or design feature that keeps a vehicle from obstructing a sidewalk or making contact with a wall, hedge, or fence. A sidewalk may be used for vehicle overhang if the sidewalk is not less than seven feet wide.

(g)

Marking.

(1)

Designated parking and loading spaces shall be marked on the surface of the parking space with paint or permanent marking material in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), latest edition, and maintained in a clear and visible condition.

(2)

In parking facilities containing ten spaces or more, all aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement in accordance with the MUTCD.

(h)

Signs The city may require a developer to install signs in addition to directional arrows and consistent with sign regulations in this land development code and the MUTCD, latest edition, to ensure the safe and efficient flow of vehicles, both on-site and off-site as warranted.

(i)

Lighting. Parking lots that are to be used after dark shall be adequately lighted. The lighting shall not shine directly upon any adjacent residence or street and shall not produce excessive glare.

(LDC 1997, ch. 6, § 1.08)

Cross reference— Stopping, standing, and parking, § 44-41 et seq.

All commercial and office uses utilizing drive-through facilities shall provide vehicle stacking area based on the following criteria:

(1)

Size of space. Stacking area shall be designed on a ten-foot by 22-foot space per required vehicle.

(2)

Design of stacking area. The stacking area required in this subsection (2) shall be designed so as to operate independently of other required parking and circulation areas. The required number of vehicle spaces shall include the vehicle served.

REQUIRED STACKING AREA

(LDC 1997, ch. 6, § 1.09)

(a)

Definition. "Vending machine" means any stand-alone, self contained or connected appliance, machine, and/or storage container, which dispenses or provides point-of-service storage of a product and/or self-service of products or services in exchange for coins, paper currency, tokens, cards, or receipts of payment. A vending machine as described in this section shall encompass, but not be limited to, any of the following: cash or credit operated food and beverage selling machines; media sales or rental kiosks; commercial, pre-bagged ice machines; newspaper or flyer vending machines, devices, or contrivances, whether free or in exchange for currency or credit; amusements and riding games; machines dispensing pills, medicine, or other pharmaceutical substances; and water bottle filling stations. Gas pumps, propane tank exchanges or displays, and automated teller machines are expressly excluded from this definition, however, the location, type, and appearance of automated teller machines shall be subject to review and approval of the city through the site plan process. The procedures applicable to minor development will apply to the city's review and approval of automated teller machines unless approval is sought as part of a major development proposal.

(b)

Outdoor vending machines are hereby prohibited in all districts. All vending machines must be contained within buildings.

(c)

Any vending machine located outside of any building shall be deemed noncomplying for the purposes of this chapter. If the vending machine is not removed or placed inside within ten days, the city reserves the right to remove the machine at the license owner's cost. The city may place a lien on the property on which the vending machine was located for the city's cost of removing the machine, together with storage or any other expenses associated with the machine. Such remedies shall not preclude the city's ability to pursue code enforcement relief or any other remedy available at law or equity.

(Ord. No 2016-02, § 1, 5-3-2016; Ord. No. 2021-01, § 1, 1-19-2021)

Editor's note— Ord. No. 2016-02, § 1, adopted May 3, 2016, renumbered §§ 122-41—122-45 as §§ 122-42—122-46 and added a new § 122-41 pertaining to outdoor vending machines as set out herein.

The following information and documentation shall be shown on or enclosed with the plans submitted for approval.

(1)

The plans shall be drawn on 24-inch by 36-inch sheets as a minimum, at the largest scale feasible, for review.

(2)

Site development plans or any portion thereof involving engineering shall be certified by a professional engineer or landscape architect as required by SJRWMD.

(3)

The plans shall include the following:

a.

General information.

1.

Name of project.

2.

General statement of intended use of site.

3.

Legal description of the property and size of parcel in acres or square feet.

4.

Name and address of owner.

5.

Name, address and phone number of owner's agent.

6.

Name, address, signature and registration of the professionals preparing the plans.

7.

Date, north arrow and scale shall be designated and, where appropriate, the same scale shall be used on all sheets.

8.

Vicinity map, showing relationship of proposed development to the surrounding streets and thoroughfares, shall be at a scale no smaller than one inch equals 2,000 feet.

9.

Linear dimensions of the site.

10.

Existing topography with a maximum of one-foot contour intervals for the proposed site.

11.

Finished grading elevations.

12.

Zoning of the site and of all adjacent parcels.

13.

All existing and proposed building restriction lines (i.e., highway setback lines, easements, covenants, rights-of-way, and building setback lines).

14.

Percent of open space on the site.

15.

Location of proposed signs.

b.

Building and structure.

1.

Existing and proposed structures.

2.

Intended use.

3.

Number of stories.

4.

Height of building.

5.

Number of dwelling units and density.

6.

Projected number of employees, if applicable.

7.

If a restaurant, show the number of seats and occupancy load.

8.

Square footage for proposed development: gross square footage, nonstorage area, square footage of each story, gross square footage of sales area, etc.

9.

Photograph or sketch of proposed sign with dimensions and material type.

c.

Street, sidewalks, driveways, parking areas and loading spaces.

1.

Engineering plans and specifications for streets, alleys, sidewalks and driveways, to include soil borings, if necessary.

2.

All parking spaces delineated.

3.

Number of parking spaces.

4.

Number and location of handicapped spaces.

5.

Number of square feet of paved parking and driveway area.

6.

Surface materials and cross section of proposed paved areas.

7.

Fire lanes per the fire prevention code adopted in chapter 14 of this Code.

8.

Description/location of proposed driveways and median cuts.

9.

Internal traffic control circulation plan, including directional arrows and signs to direct traffic flow, as necessary.

10.

Location of traffic control signs and signalization devices, if required.

d.

Drainage and stormwater.

1.

Soils classifications, cross sections and details of proposed retention/detention ponds, swales, berms, etc., as required by SJRWMD.

2.

Size, material and location of stormwater structures and pipes.

3.

Indicate flood elevation for 100-year flood and any other information required in chapter 114 of this land development code.

e.

Proposed water, sewer, and solid waste facilities.

1.

Size, material, specifications and location of water mains, valves, services and fire hydrants.

2.

Size, material, specifications and location of sanitary sewer lines and laterals with submittal of a profile, if necessary.

3.

Size and location of septic tank and drainfield, if applicable.

4.

Grease separation system, if applicable: size, location and materials.

5.

Locations and access provisions for refuse service, including pad, screening, fencing and landscaping, if applicable.

f.

Landscaping. Landscaping plan and provisions for maintenance, including size, type and location of all landscaping, screens, walls, fences, and buffers per the requirements in chapter 110 of this land development code, pertaining to landscaping and tree protection. If water efficient landscaping is used, the information required in that chapter should be included.

g.

Environmental protection.

1.

Natural features, such as water bodies, wetlands, native vegetative communities, etc., as required in chapter 114 of this land development code.

2.

Conservation easements per the requirements.

3.

Provisions for the adequate control of erosion and sediment, indicating the location and description of the methods to be utilized during and after all phases of clearing, grading and construction.

(4)

In addition to the plans the following information shall be provided:

a.

A certificate of concurrency or evidence of application for a certificate.

b.

An application for a clearing and tree permit meeting all criteria specified in chapter 98 of this land development code, pertaining to developmental procedures and regulations and chapter 110 of this land development code, pertaining to landscaping and tree protection.

c.

Drainage calculations as required in article IX, chapter 114 of this land development code, pertaining to stormwater management.

d.

Fire flow calculations, if applicable.

e.

Lift station calculations, where required.

f.

Copy of HRS permit, where required.

g.

A construction cost estimate prepared by the engineer of record, which shall delineate any proposed improvements to be maintained by the city.

h.

Environmental assessment per the requirements, if applicable.

i.

Any additional data, maps, plans or statements, as may be required, which is commensurate with the intent and purpose of this land development code.

(LDC 1997, ch. 6, § 1.10; Ord. No 2016-02, § 1, 5-3-2016)

Note— Former § 122-43. See editor's note § 122-41.

(a)

Preapplication conference (optional). Prior to filing for site development plan approval, the developer or the developer's representative may meet with the city manager or designee in order to verify the steps necessary for application and review and to discuss potential issues regarding the development proposal.

(1)

Scheduling. Arrangements for the preapplication conference are to be made through the city clerk's office.

(2)

Items required. The applicant shall bring three bluelines and one 11-inch by 17-inch copy of the conceptual sketch plans of the proposed development. A general description of the proposed development must be noted, including the approximate building size, type and use, proposed parking areas, location map, provisions for water and wastewater, proposed phasing of development, parcel size and proposed uses, environmentally sensitive areas, and existing zoning and comprehensive land use classification of the subject site and adjacent sites.

(b)

Application for development plan approval. Application for site development plan approval shall be made to the city manager or designee utilizing the form provided by the department for that purpose and accompanied by the appropriate review fee. Application shall be accompanied by ten copies of the proposed plans, signed and sealed by a registered engineer, architect, and/or landscape architect, as required by this land development code. Plans shall be prepared as outlined in the previous sections of this article.

For minor development plans, the city shall send notice of the proposed site plan to the owners of all adjoining properties located within 300 feet of the subject property. The property owner or applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground.

For major development plans, the city shall send notice of the proposed site plan to the owners of all adjoining properties located within 300 feet of the subject property at least two weeks prior to the planning and zoning commission hearing on the proposed site plan. The property owner or applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notices shall include the date, time, and place of the public hearings before the planning and zoning commission and the city council.

(c)

Development review process.

(1)

Development review committee (DRC). All applications shall be reviewed monthly by the DRP reviewers, and comments shall be discussed at the next meeting, if required. Formal comments of the DRP reviewers shall be transmitted in writing to the applicant within 14 days.

(2)

Resubmittals.

a.

Minor development approval. Minor development projects may resubmit plans in response to DRP reviewers' comments at any time within 60 days of the DRP meeting. The plans shall be reviewed by appropriate DRP reviewers based on original findings. Based on the outcome of this second review, the city manager or designee shall take one of the following actions:

1.

If previous comments were not addressed or the plan modifications result in additional land development code discrepancies, such comments shall be transmitted to the applicant. Resubmittal shall be made within 30 days after the transmittal of comments.

2.

If all comments are satisfactorily addressed, a development order shall be issued by the city manager or designee within five working days after approval.

b.

Major development approval. Revised plans must be submitted no later than 60 days after the original DRP meeting. The plans shall be reviewed by the appropriate DRP reviewers with findings reported to the city council for their consideration. The city council shall consider the development plans at a regularly scheduled meeting and determine if they meet the requirements of the land development code. The applicant or his authorized agent shall be present at the time of consideration. Upon consideration of the comments of the DRP reviewers and the public, the council shall take one of the following actions:

1.

Table the consideration of the project until their next regularly scheduled meeting to allow for the resolution of outstanding issues. If the applicant or his authorized agent is present, no project shall be tabled more than once. If they are not, it may be tabled as many times as the council wishes.

2.

Deny the proposed site development plan.

3.

Approve the proposed site development plan.

4.

Approve the proposed site development plan with conditions.

The city manager or designee shall issue a development order within five working days of unconditional approval or verification that conditions have been met.

c.

Timely plan resubmission. Failure to meet any of the resubmission deadlines cited in subsection (c)(2) shall require the filing of a new application, including the appropriate review fees.

d.

Extension of resubmittal deadlines. The city manager or designee may extend the deadlines cited in this subsection when warranted by unforeseeable events. A request for extension must be filed in writing with the city manager or designee explaining the circumstances justifying the extension.

(d)

Appeals. Appeals of decisions by the applicant for a minor development may be made to the city council and will be considered at the next scheduled meeting. The applicant or applicant's authorized agent shall be present at the meeting for consideration of the appeal by the city council. After consideration of the comments of the DRP reviewers, the applicant and the public, the city council shall take one of the following actions:

(1)

Table the consideration of the project until their next regularly scheduled meeting to allow for the resolution of any outstanding issues.

(2)

Disapprove the plan.

(3)

Approve the plan if the application is determined to meet all requirements of this land development code and applicable law.

(LDC 1997, ch. 6, § 1.11; Ord. No. 2005-25, § 1, 7-26-2005; Ord. No. 2006-17, § 7, 4-25-2006; Ord. No. 2008-17, § 1, 7-1-2008; Ord. No. 2008-35, § 7, 11-7-2008; Ord. No 2016-02, § 1, 5-3-2016)

Note— Former § 122-42. See editor's note § 122-41.

(a)

Time limit. All site development plan approvals shall terminate and become null and void automatically without notice if actual construction has not commenced within 12 months from the date of approval.

(b)

Extensions of approval. All requests for extensions must be in writing and must be submitted to the city manager or designee prior to the expiration of the site development plan.

(1)

Where initial development construction has commenced pursuant to the development order, and development is continuously proceeding, the city council may grant one or more extensions not to exceed two years.

(2)

Where an extension is desired but no construction has been initiated, the request for extension shall be reviewed and considered by the same process as the original approval, with special consideration to:

a.

The effects any delay in proposed project construction and completion has on the concurrency management system.

b.

The impacts of having any new and existing regulations applied to the project.

c.

Changes in surrounding land use, development, or other conditions that may require modification of the plans to meet the requirements of this land development code.

(3)

The city council may attach conditions to a site development plan extension approval that furthers the intent and purpose of any comprehensive plan policies or land development regulations.

(LDC 1997, ch. 6, § 1.12; Ord. No. 2006-17, § 8, 4-25-2006; Ord. No 2016-02, § 1, 5-3-2016)

Note— Former § 122-43. See editor's note § 122-41.

(a)

Minor modifications. Minor modifications to development orders may be approved by the city manager or designee, when such modifications are consistent with the requirements of this land development code and do not have a substantial impact on the overall intent of the development order, such as:

(1)

Dimensional changes to accommodate field conditions, including connection to existing facilities and the preservations of existing vegetation.

(2)

Changes of landscape or construction materials that are deemed to be similar or equivalent to those approved.

(3)

Technical changes to construction details.

(b)

Major modifications. When the proposed modifications represent a major or fundamental change in the overall impact and intent of the original development order, the resubmittal shall follow the same approval process as required for the original submittal. Major modifications shall include one or more of the following:

(1)

A ten-percent or more change in the project acreage or square footage, number or mix of units or improvements on the site.

(2)

Any proposed major change to the water or sewer systems.

(3)

Any proposed major change to the drainage system and/or any change which requires a permit modification per SJRWMD.

(LDC 1997, ch. 6, § 1.13; Ord. No. 2006-17, § 9, 4-25-2006; Ord. No 2016-02, § 1, 5-3-2016)

Note— Former § 122-44. See editor's note § 122-41.

(a)

Permitted. Temporary sales trailers shall be permitted on major commercial or industrial development sites for no more than six months or the date the first completed structure is ready for a certificate of occupancy, whichever date comes first. The city council may grant an extension of up to 90 days.

(b)

Conditions. The following conditions shall apply:

(1)

No finished structure may exist in the subdivision.

(2)

Graveled parking must be provided for the sales trailer.

(3)

Landscaping with temporary plantings must be provided for the lot on which the trailer is located.

(4)

One identification sign, no bigger than three feet by six feet, may be attached to the trailer. No other signs are permitted on the temporary trailer lot.

(5)

The trailer must be self-contained for water and wastewater provision and collection. No connection shall be permitted or made to a city installed water meter, irrigation well or septic tank.

(6)

The sales trailer must be anchored as required by the building code set forth in chapter 14.

(c)

Removal of trailer. Upon written notice from the city, the builder, developer and/or owner shall remove the trailer within 48 hours.

(d)

Penalty. Should any provision of this section be violated, all permitting and inspection activities in regard to the builder/developer or owner in question shall be halted by the city until the violation is corrected. Additionally, any other remedies provided by law or these land development regulations shall be available to the city.

(LDC 1997, ch. 6, § 1.14; Ord. No 2016-02, § 1, 5-3-2016)

Note— Former § 122-45. See editor's note § 122-41.

A mobile trailer or mobile structure may be used as a temporary location for activities conducted by a business undergoing construction or renovation while a valid building permit is in force, provided that the following standards are met:

(a)

The temporary trailer or structure shall be located upon property owned by the business; and

(b)

The temporary trailer or structure use complies with the Americans with Disabilities Act; and

(c)

The temporary trailer or structure shall conform to all applicable requirements of this Code, including but not limited to minimum lot standards for the zone district in which the trailer or structure is located; and

(d)

The temporary trailer or structure is necessary to enable the continued delivery of services by the business during construction, remodeling, or renovation of buildings owned by that business; and

(e)

The temporary trailer or structure must be self-contained for water and wastewater provision and collection. No connection shall be permitted or made to a city installed water meter, irrigation well or septic tank; and

(f)

The temporary trailer or structure must be anchored as required by the building code set forth in chapter 14.

(g)

The temporary trailer or structure does not remain on the property for more than one year, and is removed from the property within ten days from the time the construction, remodeling, or renovations are completed or the building permit expires or is revoked, whichever event happens first. Notwithstanding the above, any business owner who wishes to have an extension of this allowance for additional time may, at any point before the expiration of one year from the initial placement of the temporary trailer or structure, seek and obtain approval from the planning and zoning committee and city council. Such approval may be granted at the discretion of the respective voting bodies, and contingent on additional requirements, if any, proposed.

(h)

All temporary trailers or structures should be placed in such a way as to minimize visibility from public rights-of-way. Any business owner who places such a temporary trailer or structure in view of a public right-of-way will have the duty to meet any aesthetic screening standards which may be promulgated by the city manager or his designee on a case-by-case basis.

(Ord. No. 2016-25, § 1, 10-4-2016)

Accessory structures for the purpose of drop-off locations may be permitted in non-residential districts subject to the following:

(a)

The use is for a non-profit organization or professional solicitors registered under the State of Florida Charitable Solicitations Act (F.S. ch. 496).

(b)

The donation bin must have the organization's name, contact phone number, and email address printed on the side of the bin and plainly visible to the public.

(c)

The use is maintained within an enclosed container donation bin. The overflow of donated items is not permitted, and maintenance of the location shall be the responsibility of the property owner.

(d)

The donation bin must have a statement printed on it that is plainly visible to the public that conveys that only items able to fit inside the bin may be donated at the site, and that no overflow items may be left on the ground.

(e)

The donation bin(s) shall be located on an improved impervious surface, and shall be anchored to such surface, and must meet all setback requirements associated with the principal structure on the lot or parcel where it is located as well as all other applicable building codes. The donation bin(s) shall be placed in a well-lighted area of the property.

(f)

The donation bin(s) may not be located within any required parking spaces associated with the principal use of the lot or parcel, nor may it be located within any vehicle or pedestrian travel lanes. All donation bins must be located only upon improved, level, open, paved surfaces which constitute part of larger developed and occupied building site, may not be placed or protrude beyond the front plane of the building, and must be painted the same color as the building's primary color, or in an earth tone color scheme. Earth tone is a color scheme drawing from a color palette of browns and tans, and colors in an earth tone scheme are muted in an emulation of natural colors. No donation bin shall be permitted on any site that is developed but unoccupied. Donation bins shall not encroach on any required landscaping, and no required landscaping shall be removed to install a donation bin. Bins shall be placed in an open area not surrounded by shrubs, bushes, or trees.

(g)

Donation bins may not exceed 127 cubic feet in size. Signage on the donation bin may be no greater than nine square feet and must be attached directly to the container.

(h)

The donation bin must be maintained in good repair and appearance, with no structural damage, holes, or visible rust, and shall be free of graffiti. The donation bin(s) must be constructed of durable steel with welded seems. No wooden, plastic, or soft metal bins will be allowed. There shall be a limit of one donation bin per parcel.

(i)

A temporary use permit shall be required prior to installation of any donation bin, subject to annual renewal. In order to obtain a temporary use permit ("TUP"), for any donation bin, the applicant shall file with the city planning department, in writing, the following information:

(1)

A completed donation bin TUP application with applicable fees; and

(2)

A site plan showing the location of the proposed donation bin and all site improvements on the property. The location of the donation bin shall comply with the requirements of this section; and

(3)

Written consent of the property owner or legal designee to establish the donation bin; and

(4)

Information as to the manner and schedule for which the donation bin will be emptied and maintained; and

(5)

Evidence that the applicant is authorized to conduct business in the State of Florida and in the City of Minneola.

(j)

Applicant must obtain donation bin TUP renewal annually for each donation bin.

(1)

Renewal applications shall include an affidavit that all information and statements in the original application continue to be true and correct.

(2)

Renewal applications shall include and affidavit that the subject donation bin(s) are not subject to ongoing code enforcement action.

(k)

Following the issuance of the donation bin TUP, the donation bin must not be relocated elsewhere within the site unless the applicant obtains a new donation bin TUP. The relocated donation bin must meet all applicable permitting requirements.

(l)

The TUP number assigned by the City of Minneola must be printed/displayed on the side of the donation bin and clearly visible to the public.

(m)

Donation bins may not be located on any parcel within the CRA district boundary.

(Ord. No. 2018-17, § 1, 8-6-2019)

The requirements and regulations in this article are intended to provide for the reasonable use of hillsides and areas of varying topography while protecting the public health, safety and welfare by ensuring that development will not destroy or severely alter the existing topography, induce soil erosion, resulting excessive grading, create stormwater runoff problems, unduly disturb natural vegetation and wildlife, or lead to loss of aesthetic value. The requirements and policies outlined in this article apply to all sites within the city limits.

(LDC 1997, ch. 22, § 1.02)

(a)

Referral to code enforcement board. Violations of this land development code may be referred to the code enforcement board.

(b)

Stop work orders. A stop work order shall be issued for all sites found in violation of this article upon which construction has been authorized or for unauthorized grading. No further city permits for the subject property or projects shall be issued, or attendant inspections completed, until such violations are corrected or a restoration plan has been accepted by the city. This shall include the certificate for the attendant structure.

(LDC 1997, ch. 22, § 1.03)

Grading shall only be permitted as part of site development and construction. No grading permits shall be issued without approved construction plans. Grading shall be an integral part of site development and construction of infrastructure. Site development shall commence immediately upon completion of grading.

(LDC 1997, ch. 22, § 1.04)

(a)

Grading plans shall be included in construction plans and shall be submitted in accordance with chapter 126, pertaining to subdivisions and plats or article II of this chapter, pertaining to site development plan regulations. Grading plans shall include the following documents and information:

(1)

A statement that estimates the quantities of work involved.

(2)

Such other information as reasonable may be required by the city engineer.

(3)

Evidence demonstrating that the net result of grading shall not be a level site.

(4)

Identification of site for borrow or disposal of fill or cut material.

(5)

Provide cross sections that illustrate pregraded and postgraded conditions.

(6)

Plans shall be drawn to scale upon substantial media (paper, cloth, etc.) and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this article and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the general vicinity of the proposed site, the location of the work, and the name and address of the owner and the person by whom they were prepared. The plans and specifications shall be signed and sealed by a professional engineer registered in the state.

(7)

The plans shall show property limits and accurate one-foot elevations (contours) of the existing grade and details of terrain and area drainage.

(8)

The plans shall show limiting dimensions, elevations and finished elevations (contours) to be achieved by the grading or filling, and proposed drainage channels and related construction.

(9)

Detailed plans shall be submitted of all surface and subsurface drainage devices, walls, cribbing, dams and other pertinent devices to be constructed with or as a part of the proposed work, together with a map, diagram or plot showing the drainage area and the estimated runoff of the area served by the drains.

(10)

The plans shall show the location of any building or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading or filling operation. Specification shall contain information covering construction and material requirements.

(11)

The plans shall show the location of surface waters on the property, including lakes, streams and ponds, and the final disposition of the water's outfall.

(12)

All elevations must be stated in terms of the National Geodetic Vertical Datum, and this fact indicated in a note on the plan sheet.

(13)

The plans shall show all existing trees six inches or over at 4½ feet above the existing grade, and other vegetation depicted by canopy area or spread with average density, height and trunk dimensions. The trees and vegetation to be removed shall be clearly noted.

(b)

When required by the city engineer, each application shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. Data provided in the report shall at a minimum meet criteria established in the publication Standard Excavation and Grading Code, published by the Southern Building Code Congress International, Inc. (SBCCI). The plans and specifications shall be signed and sealed by a professional engineer registered in the state.

(c)

The applicant shall submit a reclamation plan for the site. Prior to commencement of work, the applicant must provide a reclamation bond in the amount of 110 percent of a certified reclamation estimate prepared by the design engineer and approved by the city engineer.

(LDC 1997, ch. 22, § 1.05)

(a)

Standards of review for permit applications under this article are as follows:

(1)

The extent to which the actual or intended use of the property requires changes in grade.

(2)

The effect that changes in the natural or existing grade will have on drainage and its impact on adjoining properties.

(3)

The extent to which the area would be subject to erosion, flood hazard, increased water runoff or other environmental degradation of receiving waters due to change of grade and removal of vegetation and trees.

(4)

The need for visual screening transition areas, or relief from glare, blight, dust control, commercial or industrial unsightliness or any other affront to the visual or aesthetic sense in the area.

(5)

The desirability of preserving any tree by reason of its size, age or some other outstanding quality such as uniqueness or rarity.

(6)

The effect that changes in the natural existing grade will have on the trees to be protected and preserved.

(7)

The heightened desirability of preserving or enhancing vegetative communities, including ground cover and tree cover in densely developed or populated areas.

(8)

Grading shall respect the natural contour of the existing terrain.

(9)

Grades at property boundaries shall match existing grades of adjacent properties.

(10)

Terrain adaptive architecture shall be utilized in areas of varying topography where the above requirements limit the size of level, buildable areas. The term "terrain adaptive architecture" means structures that step with the landform to reduce the need for massive grading.

(b)

Grading of roadways shall conform to the following standards of review, in addition to those in subsection (a) of this section:

(1)

All roadway design shall follow the natural contours of the existing topography.

(2)

A preliminary design that includes grading and alignment of major collector and arterial shall be approved by council prior to production of construction plans.

(3)

The maximum depth of cut or fill for construction of any roadway shall be 15 feet, as measured at the centerline of the roadway.

(4)

The maximum slope for the transitional grade from edge of the right-of-way to natural grade shall be four to one.

(c)

Grading for subdivision shall conform to the following standards of review, in addition to those in subsection (a) of this section:

(1)

Grading shall be limited to house and building pads, road rights-of-way, approved subdivision features and stormwater management systems. Excessive grading shall be prohibited.

(2)

Elevation changes in topography shall be limited to ten feet.

(3)

Graded slopes shall be rounded and shaped to blend with the naturally occurring slopes at a radius compatible with the existing natural terrain and shall follow the natural contours, unless terracing techniques shall be utilized.

(4)

Graded slopes shall be stabilized with sod, seed and mulch or landscaping.

(5)

Sites for borrow or disposal of fill or cut material shall be identified.

(6)

Cross sections of the project which illustrate pregraded and postgraded conditions may be required as determined by the city engineer.

(7)

Transitions between lots shall be limited in slope to four to one maximum.

(d)

Grading for site development shall conform to the following standards of review, in addition to those in subsection (a) of this section:

(1)

Grading shall be limited to approved building pads, parking lots, access drives thereto and stormwater management systems. Excessive grading shall be prohibited.

(2)

The graded area for an individual use shall be limited to the building pad and its associated parking.

(3)

Commercial and industrial developments with multiple uses shall be constructed using terracing or other forms of multilevel construction.

(4)

Elevation changes in topography shall be limited to 15 feet.

(5)

Transitions between multilevel construction shall be accomplished using slopes of no greater than four to one or with retaining walls not to exceed six feet in height.

(6)

Terrace boundaries shall conform to the contours of the existing topography.

(7)

Terraces shall include a minimum five-foot landscape buffer along the property.

(8)

Fences or guardrails shall be provided along the boundary of terraces to secure public safety and welfare.

(LDC 1997, ch. 22, § 1.06)

The approval of final development plans, and subsequent issuance of a development permit thereafter, shall authorize all grading shown on the approved plans without issuance of a separate permit. However, all property grading shall be designed to provide positive drainage of the property to a public conveyance or designated stormwater detention or retention area. The finished first floor elevation of any building or structure shall be 18 inches above the lowest adjacent road centerline grade, unless specifically approved by the city engineer based on the existence of positive drainage away from the street frontage. All soil and tree preservation measures required by this land development code shall be applicable. The implementation of these measures shall be agreed upon during a preconstruction meeting, including necessary inspection.

(LDC 1997, ch. 22, § 1.07)

No person shall do any grading without first having obtained a development permit from the city, except as follows:

(1)

An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of the structure.

(2)

Excavations for wells or tunnels or utilities.

(3)

Grading for the purpose of constructing stormwater retention/treatment ponds.

(4)

Grading required to provide access to properties along U.S. Highway 27 in which severe elevation changes exist resulting from the U.S. Highway 27 construction will be reviewed on an individual and site specific basis by the city council.

(LDC 1997, ch. 22, § 1.08; Ord. No. 2002-01, § 1, 1-22-2002)

(a)

Issuance generally. The application, plans and specifications filed by an applicant for a permit under this article shall be checked by the city planner and city engineer. Such plans may be reviewed by other city departments to check compliance with the laws and ordinances under their jurisdiction. If the departments are satisfied that the work described in the application and the plans filed therewith conform to the requirements of this land development code and other pertinent laws and ordinances, and that all applicable fees have been paid, the director of planning shall issue a permit to the applicant.

(b)

Modification of approved plans. When a permit is formally issued, it will be endorsed in writing and stamped "approved" on all sets of plans and specifications. Such approved plans and specifications shall not be changed, modified or altered without authorization from the city planner and city engineer, and all work shall be done in accordance with the approved plans.

(c)

Disposition of copies of plans; copy to be kept on the site. One set of approved plans, specifications, computations and reports shall be retained by the city for review and assurance of the completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant. The applicant's set shall be kept on the site at all times during the period when work authorized thereby is in progress.

(d)

Validity.

(1)

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this land development code. No permit presuming to give authority to violate or cancel the provisions of this land development code shall be valid, except insofar as the work or use which it authorizes is lawful.

(2)

The issuance of a permit based upon plans, specifications and reports shall not prevent the city from thereafter requiring the correction of errors in the plans and specifications. The city may require that grading operations and project design be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

(e)

Expiration. Every permit is issued by the city under the provisions of this article shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one year form the date of such permit. The work authorized by such permits shall not be suspended or abandoned at any time after the work is commenced, but shall be carried through to completion.

(f)

Suspension or revocation. The city may, in writing, suspend or revoke a permit issued under provisions of this article whenever the permit issued is in error or issued on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this land development code.

(LDC 1997, ch. 22, § 1.09)

The following soil conservation measures shall be taken on all clearing and grading sites:

(1)

During construction. Methods approved by the city shall be used to prevent erosion and the depositing of soils off of the site. This shall include the protection of bare soils from both water and wind (eolian) forces.

(2)

After construction. All disturbed areas shall be sodded or seeded and mulched, as required by the city's standard construction details. The removal or lack of maintenance of vegetation resulting in on-site or off-site erosion or windblown loss of soils shall be deemed a violation of this land development code.

(LDC 1997, ch. 22, § 1.10)

The burying of rubbish, logs, lumber, building materials, underbrush, trash or other matter is hereby determined to be a change or modification of the grade of land for which no permit under this article shall be issued.

(LDC 1997, ch. 22, § 1.11)

An applicant may seek relief from the provisions of this article pursuant to the variance procedures contained in section 98-13 of this land development code.

(LDC 1997, ch. 22, § 1.12)

(a)

Permit required. Any change in grading of individual building lots within a platted subdivision from that level of grading that was previously approved during the subdivision's platting process, including, but not limited to, deviations in finish-floor elevations, lot grade type or modifications of drainage patterns shall require a grading permit as provided in section 122-83. Provided however, that no permit shall be required if, after the grading activity, the finished elevation of the lot will not be changed more than 0.2 feet from its original elevation as established pursuant to the plat of the subdivision. Notwithstanding the preceding sentence, a permit will be required in the following circumstances, even if the finished elevation is equal to or less than 0.2 feet, (i) if the grading activity will change the lot grade type; (ii) the grading activity will change the lot's drainage pattern; or (iii) the final elevation as a result of the grading activity will exceed the finished floor elevation established for the lot on the lot grading table for the subdivision.

(b)

Application for permit. Notwithstanding the provisions of section 122-84, in order to receive a grading permit authorizing grading activity on individual building lots within platted subdivisions, an applicant must first submit an application showing the following:

(1)

Plot plan for the proposed construction on the lot;

(2)

Plans and specifications for all proposed excavation and grading signed and sealed by a professional engineer showing:

a.

The property limits and accurate one-foot elevations (contours) of the existing grade and details of terrain and area drainage and finished elevations (contours) to be achieved by the grading or filling;

b.

Certification that the result of grading activity on the lot will not alter the stormwater drainage pattern of the development as previously approved during the subdivision platting process set forth in chapter 126 of the land development regulations;

c.

That dedicated utility and drainage easements are not affected by the proposed grading activity;

d.

All elevations must be stated in terms of the national geodetic vertical datum, and this fact indicated in a note on the plan sheet;

e.

The plans shall show the location of any existing or proposed buildings or structures on the property where the work is to be performed and the location of any existing or proposed buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading or filling operation;

f.

Certification that no earth or fill will be moved from the building lot to any adjacent lots;

g.

Such other information as reasonably may be required by the city engineer.

(3)

Should the grading plans for any individual lot in a platted subdivision propose the construction of a retaining wall as part of the lot's grading plan, then plans and specifications for any proposed retaining wall must also be submitted with the lot grading application required by this section. The plans and specifications must be signed by a Florida registered professional engineer and show:

a.

Dimensions, materials and methods of construction of any proposed retaining walls;

b.

Construction details;

c.

A statement that responsibility for ownership and maintenance of the retaining wall rests with the owner of the lot;

d.

Certification that construction of the retaining wall will not affect the original stormwater drainage plan of the lot;

e.

Certification that construction of the retaining wall will not alter the subdivision's stormwater management system as permitted by the St. John's River Water Management District. The city may require a similar certification from the developer's engineer of record or from the St. John's River Water Management District. If the above certifications are required by the city these shall be furnished at the applicant's expense.

(c)

Elevation stake. Upon completion of any grading activity on an individual lot as authorized by this section, the applicant shall provide that a stake is placed in the middle of the lot pad which stake shall be identified with blue markings and shall indicate, as established by a licensed surveyor, the elevation of the lot pad at the stake's location and the design elevation of the lot pad per the construction plans as approved by the city.

(Ord. No. 2002-01, § 2, 1-22-2002; Ord. No. 2019-03, § 2, 5-21-2019)