(a)

Generally. No development activity shall be undertaken unless the activity is authorized by a development order reflecting conformance with the requirements of this land development code. A development order shall be issued by the city only after the approval of conceptual or final development plans, as required by the land development regulations. A development order allows for the initiation of development activities, including land clearing, site preparation, utility construction, road construction, and building construction or for the rezoning of land to PUD.

(b)

Exemptions to the requirements for a development order. A development order is not required for the following activities, when the proposed development otherwise conforms to the standards and permitting requirements of the city land development regulations:

(1)

The construction or alteration of a one-family or two-family dwelling on a lot of record as of the date of adoption of this land development code, or lot created under the terms of the land development code.

(2)

The construction of an accessory structure on a previously developed single-family lot.

(3)

The alteration of an existing structure which does not enlarge the effective size or capacity of the structure.

(4)

The demolition of a structure.

(5)

The resurfacing of a vehicle use area.

(c)

Contents. A development order shall include the following:

(1)

The name of the proposed development, the legal description of the property, and, where appropriate, its street address.

(2)

The approved development plans which show the proposed development activity.

(3)

The name of the project engineer, date of the approved plans, and the latest revision number on the plans.

(4)

Reference to any development agreements or other legal documents that are a part of, or control, the proposed development.

(5)

Any special conditions of the development approval, such as off-site improvements, phasing, or other actions or events required prior to the issuance of building permits or certificates of occupancy.

(6)

The issuance and expiration dates of the development order.

(7)

Any approved permit packages from other agencies with jurisdiction.

(d)

Conditions of issuance. All development orders are issued contingent upon the following:

(1)

The accuracy of information provided in the development plans and associated documents. Inaccuracies that affect compliance with the city Code, or the soundness of engineering design are grounds, in the city's discretion, to void a development order.

(2)

Copies of all permits from federal, state, and regional or county agencies with jurisdiction over any portion of the proposed development shall be presented to the city prior to the issuance of a development order. The city mayor or designee may issue limited permits for activities not related to outstanding agency permits, unless there is reason to believe that such permits may not be forthcoming or may substantially deviate from the approved plans.

(3)

The clarification of discrepancies within the approved plans or associated documents. Where there are contradictions or discrepancies, the city may require their correction based on the requirements of this land development code, and as appropriate to the internal consistency of the documents.

(e)

Expiration of a development order. All development orders shall have a clearly noted expiration date. Construction must begin prior to this date. Expiration dates shall be determined as stated in the individual chapters of this subpart B, except that:

(1)

Improvement plan (a/k/a construction plan) approval for subdivisions and PUDs shall expire after 24 months from the date of issuance if no final plat of a phase, for phased developments, or of the total project for a single phase development has been recorded.

(2)

Site development plan approval shall expire one year from the date of issuance. (See extension policy in subsection (f) of this section.)

(3)

Conceptual plans for PUD zoning approvals shall expire based on the terms of the approved development agreement and any phasing plan therein.

(f)

Extension of expiration date. The expiration date for a development order may be extended only as stated under the specific regulations in the chapters of this subpart B relating to the individual type of development or situation.

(g)

Modification of a development order. Modifications to development orders shall be as stated in the specific regulations in the chapters of this subpart B relating to the individual type of development or situation.

(LDC 1997, ch. 4, § 1.03; Ord. No. 2009-23, § 1, 12-1-2009)

(a)

Applications. The owners of real property in an unincorporated area of the county which is contiguous to the city and reasonably compact may, pursuant to F.S. § 171.044, petition the city that such property be annexed. The parcel being annexed shall receive a zoning classification which is compatible with its surroundings, complies with the comprehensive plan, and shall be contingent upon city council approval. The requirements of this section may be supplemental to the requirements of applicable state law. The requirements of this section are superseded by state law only if an express conflict exists and state law is more restrictive or imposes greater requirements.

(1)

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate review fee.

(2)

Applications shall include the legal description of the property, survey of the property, warranty deed showing proof of ownership, and authorization form from the owner if represented by an agent or contract purchaser.

(3)

Applications for annexation shall be submitted no later than four weeks in advance of a regularly scheduled DRC meeting in order to be considered at that meeting.

(4)

No incomplete application shall be forwarded or advertised for public hearing.

(b)

Notification of public hearing. These requirements may be supplemental to the requirements of F.S. § 171.044, as amended, when applicable.

(1)

Adjoining owners. The city shall send notice of the proposed annexation 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 annexation. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to 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. Such notices shall include the date, time and place of the public hearings before the planning and zoning commission and the city council along with a clear and concise description of the proposed annexation.

(2)

Public advertisement. Notice of public hearing shall be published at least once each week for two consecutive weeks in a newspaper of general circulation within the city. Notice shall also be posted in a conspicuous location at the city hall, and may be posted at other public locations at the discretion of the city. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description, metes and bounds and the ordinance can be obtained from the office of the city clerk.

(c)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(LDC 1997, ch. 4, § 1.04; Ord. No. 2002-09, § 1, 6-11-2002; Ord. No. 2005-19, § 1, 5-24-2005; Ord. No. 2006-33, § 1, 11-4-2006; Ord. No. 2008-35, § 3, 11-7-2008)

(a)

Applications. Application to rezone land under the land development code may be initiated by the landowner, city, planning and zoning commission or city council. The requirements of this section may be supplemental to the requirements of applicable state law.

(1)

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate review fee.

(2)

Applications shall include the legal description of the property, sketch or survey of the property, proof of ownership, and authorization form from the owner if represented by an agent or contract purchaser.

(3)

All rezoning applications shall include a conceptual plan.

(4)

Applications for rezoning shall be submitted no later than four weeks in advance of the regularly scheduled DRC meeting in order to be considered at that meeting.

(5)

No incomplete application shall be forwarded or advertised for public hearings.

(b)

Notification of public hearing. The requirements of this section are superseded by the requirements of F.S. § 166.041, as amended, when applicable.

(1)

Adjoining owners. The city shall send notice per [F.S.] § 166.041, or as amended, of the proposed action 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 rezoning. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to 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. Such notices shall include the date, time and place of the public hearings before the planning and zoning commission and the city council along with a clear and concise description of the proposed action.

(2)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the city at least ten days prior to the final city council meeting. Notice shall also be posted in a conspicuous location at the city hall, and may be posted at other public locations at the discretion of the city.

(c)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(d)

Reapplication for denied rezoning. When an application for rezoning has been denied by the city council, no subsequent application for similar rezoning on any portion of the same parcel of property will be considered for 12 months from the date of city council denial, unless specifically authorized by the city council.

(LDC 1997, ch. 4, § 1.05; Ord. No. 2002-09, § 2, 6-11-2002; Ord. No. 2005-19, § 2, 5-24-2005; Ord. No. 2006-33, § 2, 11-4-2006; Ord. No. 2008-35, § 3, 11-7-2008)

(a)

Small scale comprehensive plan amendments.

(1)

A small scale comprehensive plan amendment may be adopted only under the following conditions:

a.

The proposed amendment involves a use of 50 acres or less.

b.

The cumulative effect of the acreage for all small scale amendments adopted by the city does not exceed 300 total acres annually.

c.

The proposed amendment does not involve the same property more than once a year.

d.

The proposed amendment does not involve the same owner's property within 200 feet of the same owners property granted a change within the immediately proceeding 12 months.

e.

The proposed amendment does not involve a text change to the goals, objectives, and policies of the comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity.

f.

The proposed amendment is not located within an area of critical state concern.

g.

If the proposed amendment involves a residential land use, the proposed residential land use has a density of ten units or less per acre.

h.

The proposed amendment must comply with all requirements of state law.

(2)

Applications.

a.

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate fee.

b.

Applications for FLUM amendments shall include a legal description of the property and survey of the property.

c.

Applications shall include a certified copy of a warranty deed.

d.

Applications may be made at any time during the calendar year.

e.

Applications shall be made four weeks in advance of the scheduled DRC meeting at which they shall first be considered.

(3)

Notification of public hearing. Notice of the public hearing shall be published in a newspaper of general circulation within the city at least ten days prior to adoption. The notice shall state the date, time, and place of the meeting; the title of proposed ordinance; and the place where such proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

The city shall send notice of the proposed action 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 action. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.

The property owner/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 along with a clear and concise description of the proposed action. Notice shall meet all state requirements if different from those outlined herein.

(4)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

a.

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

b.

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

c.

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(5)

Criteria for review of amendments. When considering an amendment to the comprehensive plan, the planning and zoning commission and the city council shall consider its consistency with the remainder of the plan and its goals, objectives, and policies and any other requirements of state law.

(b)

Large scale comprehensive plan amendments. Application to amend the comprehensive plan per the requirements of F.S. § 163.3184, as amended, which includes the future land use map (FLUM), may be initiated by any person, board or agency. A large scale comprehensive plan amendment shall include anything over ten acres, plus anything which is not considered a small scale amendment. The requirements of this section may be in addition to the requirements of applicable state law.

(1)

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate review fee.

(2)

Applications for FLUM amendments shall include a legal description of the property and survey of the property.

(3)

Applications shall include a certified copy of a warranty deed.

(4)

Applications for comprehensive plan amendments may be made at any time, but will only be considered twice per year. Complete applications received no later than 30 days in advance of the March planning and zoning commission meeting will be considered at that time, and applications received no later than 30 days in advance of the September planning and zoning commission meeting will be considered at that time. The city council shall consider the request at the first available meeting in compliance with F.S. §§ 163.3184 and 163.3187, as amended, and shall make the final decision for processing of the amendment.

(c)

Notification of public hearing. The local governing body shall hold two advertised public hearings on the proposed ordinance. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

The required advertisements shall be no less than two columns wide by ten inches long in a standard-size or a tabloid-size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city. The notice shall also include a geographic location map which clearly indicates the area covered by the proposed ordinance.

The city shall send notice of the proposed action 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 action. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to 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. Such notices shall include the date, time and place of the public hearings before the planning and zoning commission and the city council along with a clear and concise description of the proposed action. All requirements of state law shall be met even if additional to those herein.

(d)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(e)

Criteria for review of amendments. When considering an amendment to the comprehensive plan, the planning and zoning commission and the city council shall consider its consistency with the remainder of the plan and its goals, objectives, and policies as well as other requirements of state law.

(LDC 1997, ch. 4, § 1.06); Ord. No. 2002-09, §§ 3, 4, 6-11-2002; Ord. No. 2005-19, §§ 3, 4, 5-24-2005; Ord. No. 2006-33, §§ 3, 4, 11-4-2006; Ord. No. 2008-35, § 3, 11-7-2008; Ord. No. 2022-05, § 1, 4-5-2022)

(a)

Applications. Application to amend the unified land development code may be initiated by any person, board or agency. The requirements of this section are in addition to the requirements of applicable state law.

(1)

Applications shall be made on the appropriate forms provided by the city.

(2)

Applications shall be submitted no later than four weeks in advance of the regularly scheduled planning and zoning commission meeting in order to be considered at that meeting.

(b)

Notification of public hearing. Notification and advertising for ordinances making textual changes to the land development code shall be as normally required for ordinances under the city Charter and Code, and state law.

(c)

Procedure for public hearing. The following procedures are supplemental to those required by state law. State law shall supersede only where it is more stringent.

(1)

DRC review. The DRC will review the submittal and make recommendations to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall for every land development code amendment consider recommendations of the DRC at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRC and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(d)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(LDC 1997, ch. 4, § 1.07; Ord. No. 2008-35, § 3, 11-7-2008)

Any property owner, developer, or his duly authorized agent who is aggrieved by a decision by the city manager or designee or any other official authority empowered by the land development code, other than the city council, may appeal that decision by filing a written notice with the city mayor or designee within 30 days after the disputed decision is communicated in writing to the aggrieved party. Such notice of appeal shall state fully the grounds for the appeal and all facts relied upon by the appealing party. If the appeal is from a decision by the city manager or designee, as allowed by the City Charter, the appeal shall be scheduled for consideration by the city council at the next regularly scheduled council meeting. If the appeal is from a decision by any other party, the city manager or designee shall respond in writing to the notice of appeal within 30 days from its filing.

(LDC 1997, ch. 4, § 1.08; Ord. No. 2006-17, § 1, 4-25-2006)

(a)

Whenever the city has reason to believe that the provisions of the land development code are being violated, it shall notify the alleged violator of the nature of the violations and require correction of the violations within a reasonable period of time, based on the policies of the city. If not corrected within the time specified, the violations shall be referred to the code enforcement board for enforcement as authorized in chapters 82 and 86.

(b)

Alternatively, the city may choose to enforce the provisions of this land development code in any manner otherwise provided by law.

(LDC 1997, ch. 4, § 1.09)

(a)

Types of nonconforming status. Within the districts established by this land development code or adopted amendments there may exist lots, uses of land, or structures which lawfully existed before the land development code was passed or amended but would be prohibited, regulated, or restricted under the terms of this land development code. It is the intent of this land development code to permit these nonconformities to continue in their present condition but not be enlarged upon, expanded, or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. However, this section is not intended to be construed so as to prohibit the enlargement or alteration of any part or portion of a nonconforming structure which does not contribute to such structure's nonconformity as further discussed in subsection (a)(3) of this section. There are four types of nonconforming status, as follows:

(1)

Nonconforming lots of record.

a.

In any district in which residential dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which existed on or before the date of adoption of the ordinance from which this land development code is derived. This provision shall apply even though such lot fails to meet the requirements applying to area or dimensions, or both, and shall conform to all other regulations for the district in which such lot is located. Development on residential lots platted under previous zoning ordinances may be permitted to proceed based on setbacks in force at the time of platting.

b.

The following provisions shall apply to nonconforming lots of record zoned commercial or industrial on or before the date of adoption of the ordinance from which this land development code is derived:

1.

The construction of one commercial or industrial building shall be permitted on each lot, providing that no adjoining lots are in the same ownership, or were in the same ownership as of the date of adoption of the ordinance from which this land development code is derived.

2.

When a sufficient number of adjacent lots are owned by one owner, the lots shall be combined so that the dimensional requirements shall be based on the established requirements of this land development code.

c.

No portion of any nonconforming lot shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this land development code, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this land development code.

(2)

Nonconforming uses of land. A nonconforming use of land existing prior to the date of adoption of the ordinance from which this land development code is derived shall continue to have such nonconforming status and shall be subject to the applicable provisions of this land development code, including the following which shall apply so long as the use of land remains otherwise lawful:

a.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land or structure than was occupied as of the date of adoption of the ordinance from which this land development code is derived.

b.

No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such use as of the date of adoption of the ordinance from which this land development code is derived.

c.

No additional structure not conforming to the requirements of the city codes shall be erected in connection with such nonconforming use of land.

d.

If a nonconforming use of land has been abandoned for a period of six months, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this land development code.

(3)

Nonconforming structures. A nonconforming structure existing prior to the date of adoption of the ordinance from which this land development code is derived shall continue to have such nonconforming status and shall be subject to the applicable provisions of this land development code including the following which shall apply so long as the use or structure remains otherwise lawful:

a.

No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. It is the intent of this provision that any part or portion of a structure that causes an otherwise conforming structure to be nonconforming, shall not be enlarged or altered in any manner, except for necessary repairs as provided in subsection (b) of this section. However, nothing in this subsection shall be construed so as to prohibit the enlargement or alteration of any part or portion of the structure which does not contribute to such structure's nonconformity; provided, however, that a variance is obtained from the board of adjustment as provided in section 98-13 prior to the commencement of any enlargement or alteration.

b.

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its current appraised value as recorded in the tax assessor's office at time of destruction, it shall not be reconstructed except in conformity with the provisions of this land development code.

c.

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(b)

Repairs. On any nonconforming structure or portion of a structure containing a nonconforming use, repairs and modernization are permitted only as long as prohibitions in this chapter are not violated. Nothing in this land development code, however, shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official, as long as the structure has not been destroyed to an extent of more than 50 percent of its current appraised value as described in subsection (a)(3)b of this section.

(c)

Uses under special exception or conditional use provisions. Any use which is permitted as a special exception or conditional use in a district under the terms of this land development code shall be deemed a conforming use, subject to any conditions legally imposed by the city council.

(LDC 1997, ch. 4, § 1.10)

(a)

Except for routine maintenance as described in subsection 110-10(b)(2), no tree greater than six inches in DBH may be removed, topped or negatively altered in any way unless an authorized representative of the city shall have either issued a permit authorizing such activity or determined that a permit exemption applies.

(b)

Property owners and/or developers of all new subdivisions shall be required to submit an application for a clearing and tree permit at the time of initial submittal of the preliminary subdivision plan so that consideration may be given to the protection of native trees and vegetation.

(c)

Property owners and/or developers of any commercial, industrial, multifamily, or other use requiring site plan approval shall be required to submit an application for a clearing and tree permit at the time of site plan submittal so that consideration may be given to the protection of native trees and vegetation.

(d)

Unless otherwise exempt, no one shall remove or cause another to remove any tree, even if for the purpose of silvicultural activities, without first obtaining a clearing and tree removal permit. In the event an individual has removed or caused another to remove any tree without first obtaining a clearing and tree removal permit and in the event no exemptions pursuant to the City Code apply, such individual shall obtain an after the fact tree removal permit for each such tree removed, pay the associated fees for the same and shall satisfy the tree replacement requirements set forth in section 110-10 of the city land development regulations.

(e)

If the applicant wishes to start clearing a site without a development order, a clearing and tree removal permit shall be secured.

(f)

No site clearing shall take place on any property which is subject to a development order without a clearing and tree permit. A proposed building site, parking area or right-of-way clearing and tree permit shall be issued only after an authorized representative of the city has inspected the site to verify that no unauthorized clearing has taken place and to ascertain whether a modification of the plan may be justified to enhance tree preservation on the site. This permit will allow removal of the trees and vegetation within the proposed building site, parking area, right-of-way or retention area. This permit generally allows clearing of the area ten feet outside the proposed building wall except for those trees and areas specifically delineated to be preserved. If the city determines that unauthorized clearing and tree removal has taken place, the owner/developer must provide replacement trees pursuant to chapter 110 of this land development code.

(g)

Application for a permit shall be made to the city manager or designee, shall be filed on forms provided by the city manager or designee and shall include:

(1)

The appropriate fee.

(2)

The reason for removal of trees.

(3)

A scaled aerial photograph (one inch equals 200 feet or greater) indicating:

a.

Property boundaries.

b.

An overlay of proposed improvements at the same scale.

c.

Inventory of all individual trees, other than nonpreferred trees (per chapter 110 of this land development code, pertaining to landscape and tree protection), which are six inches DBH or greater, including DBH of each tree, and its common name.

(4)

A tree survey indicating trees which are 24 inches DBH or greater and have been horizontally located by a surveyor.

(5)

Provisions for replacement trees, as required in chapter 110 of this land development code, shall also be specified, including landscaping plans.

(h)

Criteria for issuance. No clearing and tree permit shall be issued unless the reviewer finds that at least one of the following criteria has been satisfied with respect to each existing tree on the acceptable plants list over six inches DBH that is to be designated for removal under the permit.

(l)

The tree is located within an existing or proposed right-of-way.

(2)

The tree is located within an existing or proposed easement or stormwater management system.

(3)

The tree is located where its continued existence would unreasonably interfere with the physical construction of the improvements onsite and there is no reasonable way to reconfigure any yet to be constructed improvements to preserve the tree.

(4)

The tree is located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures or vehicle or pedestrian routes, and relocation of the tree on the site is not a feasible alternative.

(5)

The tree is located where it interferes with the installation, delivery, or maintenance of proposed or existing utility services to the site.

(6)

The tree is diseased or injured.

(7)

The tree is located on the portion of the site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas, provided that reasonable effort has been made to preserve existing trees over six inches DBH on the acceptable plants list to the extent feasible.

(8)

The tree is located on a portion of the site where structural development is proposed, provided that reasonable effort has been made to preserve existing trees over six inches DBH on the acceptable plants list to the extent feasible.

(9)

The tree is less than or equal to fifteen inches DBH, the tree is replaced on the same property with a tree that is at least twenty-five percent of the DBH of the tree removed, and the total trees on the property after the replacement tree meets or exceeds the minimum tree requirements of chapter 110 of the city land development regulations.

(i)

Permit expiration. The clearing and tree permit shall specifically identify which trees shall be permitted to be removed. Such permit shall expire either at the time of the issuance of the last certificate of occupancy for the subdivision or at the time of issuance of the certificate of occupancy for any commercial, industrial, residential or other structure. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application.

{j)

Tree removal requirements. A clearing and tree permit authorizes the removal of trees specified within the permit; however, all trees specified within the clearing and tree permit need not be removed by the applicant.

(k)

Tree replacement requirements. Tree replacement requirements shall be as specified in chapter 110, pertaining to landscaping and tree protection.

(l)

Final inspection. After all proposed clearing has been completed, and all required tree and soil preservation measures have been implemented, an authorized representative of the city shall make a final inspection to verify that all work has been completed in compliance with the permit and this land development code.

(LDC 1997, ch. 4, § 1.11; Ord. No. 2012-14, § 1, 10-16-2012; Ord. No. 2016-01, § 1, 6-7-2016)

The requirements of this section may be modified by the city mayor, or designee, in cases where size, scope, or relative lack of complexity of development plans suggest a lesser need for coordination.

(1)

Attendance. Upon request of the developer, the city may schedule a preconstruction meeting. If the city is to participate in any of the improvements, the city shall schedule the preconstruction meeting. The meeting shall be attended by the following individuals or their representatives:

a.

The developer and the developer's engineer and surveyor.

b.

All contractors for the construction of site improvements, and the general contractor for building improvements.

c.

All utility companies affected by the proposed construction.

d.

The DRP reviewers requested to attend by the city manager or designee.

The developer shall notify all participants, except city employees, of the scheduled meeting.

(2)

Agenda. The meeting shall include discussion of the construction schedule, procedures for inspection and testing, coordination with the city and utility companies, traffic maintenance, dewatering, access for construction, stockpiling areas, and other details deemed necessary to ensure safe construction in compliance with this land development code, and with minimum disturbance to surrounding areas.

(3)

Procedural contingencies. The city may attach procedural contingencies on construction based on the discussion at the preconstruction meeting.

(LDC 1997, ch. 4, § 1.12; Ord. No. 2008-35, § 4, 11-7-2008)

Inspection and acceptance of site improvements shall be as outlined in this land development code and the county building code requirements. The following procedures shall apply to site improvements and the overall acceptance for issuance of a certificate of occupancy:

(1)

Inspections. The developer shall notify the city of the commencement of construction. The city engineer, city manager or designee, or their representatives shall have the right to inspect the project for the purpose of ensuring that all improvements are being constructed in conformance with the provisions of this land development code, the approved plans and development order. The city shall have the authority to reject materials or suspend work when construction is not in conformity with the terms of the development order. Required installation of subsurface construction such as water and sewer lines, public utilities, and storm drainage shall be completed prior to compaction of subgrade and road construction.

(2)

Testing. Reasonable tests are required to be provided to the city manager or designee, city engineer, or the county, as applicable, at the expense of the applicant by a state-certified testing laboratory. Such tests may include, but are not limited to, compaction tests for subgrade, base and asphalt, material specifications tests to assure adherence to specifications of base, soil cement, asphaltic concrete, Portland cement concrete, drainage pipe and other materials, sanitary sewer pipe, water lines and materials and tests of other such materials and procedures as may be required to ensure that construction is according to the plans and specifications approved in the development order and as required by the standard construction details of this land development code. The city and the county reserve the right to require additional testing based on unusual circumstances encountered in the field.

(3)

Request for final inspection. Final inspection of site improvements shall be scheduled no more than five working days after receipt of the last of the following information, unless a later date is requested by the developer.

a.

Certification of completion by the engineer of record. Upon completion of the public improvements, the developer's engineer shall submit a letter, signed and sealed, stating that the work was constructed under his supervision and has been completed in substantial conformance with the approved development plans and in compliance with the requirements of this land development code.

b.

Record drawings. One set of Mylar reproducible drawings and four sets of record drawings, signed and sealed by the engineer of record.

c.

Testing reports. The testing reports and certificates of compliance from material suppliers.

d.

If applicable, a document from the water and sewer utility provider approving all utility installations.

e.

Submittal of all easements and/or deeds of right-of-way if not contained within the final plat.

(4)

Final inspection report. After receipt of the items enumerated in subsection (3), the city engineer and city manager or designee shall review such data and make a final inspection of the constructed improvements and a final inspection report will be issued noting any discrepancies from the development order, corrective actions required, and any reinspection fee required. In addition, the report shall review final documentation required for acceptance and issuance of a certificate of occupancy, where applicable, once any necessary corrections are made.

(5)

Reinspection. Reinspection may be requested at any time. Reinspection will be scheduled within three working days and, if necessary, another inspection report will be issued.

(6)

Certification of completion. A certification of completion shall be issued by the city mayor or designee when all improvements are completed in conformity with the approved design.

(7)

Acceptance of site improvements. After completion of any corrective actions which were required upon inspection, site improvements shall be accepted by the city upon receipt of the following:

a.

Required certifications. All required certifications of completion under federal, state, regional and county agency permits.

b.

Recording of easements, rights-of-way or property dedications. Recording of any additional on-site or off-site easements, rights-of-way, or property dedication required by the development order or this land development code.

c.

Maintenance security. At such time when the city agrees to accept the dedication of any public improvements, the developer shall:

1.

Execute an agreement guaranteeing the required improvements against all defects in workmanship or materials, including failure to construct in accordance with approved plans and specifications, for a period of one year from the date of acceptance or issuance of a certificate of occupancy.

2.

Post a maintenance bond in the amount of 15 percent of the construction cost for the publicly dedicated improvements. The cost estimate shall be a certified estimate itemized into quantity and cost.

(8)

Issuance of certificate of occupancy.

a.

Site development. A certificate of occupancy shall be issued upon acceptance of site improvements and compliance with the requirements of other sections of the land development code.

b.

Subdivisions. No certificates of occupancy for final plat and residential occupancy for any structure within a subdivision shall be issued until all required improvements of the subdivision or appropriate phase or area of the subdivision have been accepted by the city; or when required improvements are dedicated to a private association, until all required improvements have been completed, and have been inspected and approved by the city.

(9)

Failure to perform. If a developer fails to perform the obligations for construction or maintenance required under the agreements referenced in this section, the city council may call upon the surety provided, or any portion thereof, to be used for completion of the necessary remaining work. If the surety is exhausted prior to completion of the work necessary to complete the required improvements, the developer shall remain liable to the city for any resulting deficiency. The city is not responsible for completing any improvements with city funds.

(LDC 1997, ch. 4, § 1.13; Ord. No. 2004-03, §§ 1, 2, 1-27-2004; Ord. No. 2006-17, §§ 2—4, 4-25-2006)

The following minimum number and size of easements or other dedications shall be reflected on the plan drawing, and shall be conveyed to the city prior to issuance of final approval or certificate of occupancy. Larger easements may be specifically required based on size, depth, or special maintenance requirements of a facility.

(1)

Drainage facilities. A drainage easement shall be dedicated to the city where a proposed development is traversed by any existing or proposed watercourse, canal, ditch, storm sewer, or other drainageway that serves an areawide drainage function.

a.

Natural lakes shall be covered by the buffer requirements of this land development code.

b.

Canals, ditches and swales shall be covered by an easement of sufficient width.

c.

Storm sewers or structures shall be covered by an easement of sufficient width, centered on the centerline of the pipe.

(2)

Utilities. A utility easement shall be dedicated to the city wherever a proposed publicly owned and maintained utility line or other facility is planned or located on or adjacent to any property not otherwise dedicated to or owned by the city.

a.

Potable water, sewer, force main, or reclaimed water lines shall be covered by an easement of sufficient width, centered on the centerline of the pipe.

b.

Sewer lift stations shall be located in an easement area located adjacent to a dedicated public road or with a sufficient access easement.

(3)

Conservation easements. A conservation easement shall be dedicated to SJRWMD, the state, the county, a community development district, a homeowner's association, or the city as follows:

a.

Over all required tree preservation areas that are outside required landscaped buffers.

b.

Over all wetlands, wetland buffers, and wetland mitigation areas, as required.

c.

Over all areas of vegetative communities and/or wildlife habitats as required.

(4)

Access easements. Where an easement is provided for access only, the minimum width shall be 40 feet.

(LDC 1997, ch. 4, § 1.14)

(a)

Generally. Requests for variances from requirements of the land development code shall generally be considered as to those provisions which regulate site development and the requirements applicable to existing development. No request for a variance to permit a use which is not allowed as a permitted use or by special exception within the specific zoning district shall be considered. In addition, request for variances to permit the nonconforming use of any land, or the continuance of any nonconforming use shall not be considered.

(b)

Application for variance. Application for variance shall be made on the appropriate form provided by the city for that purpose, and shall be accompanied by the appropriate review fee. Variances shall be considered as follows:

(1)

Applications for a variance shall be submitted no later than four weeks in advance of a regularly scheduled DRC meeting in order to be considered at that meeting.

(2)

Applications for a variance shall include a legal description of the property, sketch or survey of the property, proof of ownership, and authorization of the owner if represented by an agent or contract purchaser.

(3)

In addition, the applicant shall provide a written statement which explains the conditions and circumstances of the alleged hardship, the proposed action by the applicant should be the variance be granted, and the necessity of the action. The written statement shall clearly justify the granting of relief from requirements of the land development code, and satisfactorily address the review criteria in subsection (e) of this section.

(c)

Notification of public hearing. All variance requests, except subdivision or plat variances, shall be noticed as follows prior to the public hearings:

(1)

Adjoining owners. At least 14 days prior to the public hearing before the planning and zoning commission, the city shall send notice of the proposed variance to the owners of all adjoining properties located within 300 feet of the subject property. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if more than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the meeting of the board of adjustment at which the proposed action was considered. Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to 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. Such notice shall include the date, time and place of the public hearings before the planning and zoning commission and city council along with a clear and concise description of the proposed variance.

(2)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the city at least 14 days prior to adoption. Notice shall also be posted in a conspicuous location at city hall, and may be posted at other public locations at the discretion of the city.

(d)

Procedure for public hearing. After review by the DRP reviewers as determined by the city manager or designee, the planning and zoning commission shall consider and make a recommendation on every variance request at a public hearing. A decision shall then be made by the board of adjustment whether or not to approve any variation from this land development code. Any variance shall specify in what manner such variation or modification is to be made, the conditions upon which it is made and the reason therefor.

(e)

Review criteria. When reviewing an application for a variance, the planning and zoning commission and the board of adjustment shall consider the following requirements and criteria:

(1)

No diminution in value of surrounding properties would be suffered.

(2)

Granting the permit would be of benefit to the public interest.

(3)

Denial of the permit would result in unnecessary hardship to the owner seeking it.

(4)

The use must not be contrary to the spirit of this land development code.

(5)

Financial disadvantage or inconvenience to the applicant shall not of themselves constitute conclusive evidence of unnecessary and undue hardship and be grounds to justify granting of a variance.

(6)

Physical hardships, such as disabilities of any applicant, may be considered grounds to justify granting of a variance at the discretion of the board of adjustment.

The criteria of this subsection (e) shall be used to determine the justification for granting of relief from requirements of the land development code. Each applicant for a variance request shall apply these criteria to the specific case. In the case of any request for a variance to enlarge or alter an existing nonconforming structure, the board of adjustment may only grant a variance if the enlargement or alteration to the nonconforming structure proposed by the applicant does not increase that portion of the structure which causes the entire structure to be nonconforming. For example, should a structure violate the front yard setback requirement established by this land development code, the board of adjustment may grant a variance to allow the construction of a back porch for the structure provided that all other requirements of this section and the land development code are met.

(f)

Conditions of approval.

(1)

Conditions and safeguards. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this section and the land development code in general. Such conditions may include time limits for initiation of the variance, specific minimum or maximum limits to regular code requirements, or any other conditions reasonably related to the requirements and criteria of this section.

(2)

Expiration of variance approval. A variance that has not been utilized within one year shall expire.

(LDC 1997, ch. 4, § 1.15; Ord. No. 2002-09, § 5, 6-11-2002; Ord. No. 2005-19, § 5, 5-24-2005; Ord. No. 2006-33, § 5, 11-4-2006; Ord. No. 2008-35, § 5, 11-7-2008)

(a)

Annexation policy, general. The city council herein adopts a proactive policy for annexation that recognizes that properties that fall within, in part and in whole, the general geographic proximity to the city limits and the general area of the city, and are not formally annexed within the city limits of the city, do in fact demand certain services and amenities enjoyed by adjacent and nearby properties that are within the city limits, and that these properties, by virtue of their proximate location should contribute to the resources of the city, for which, and by whom are provided services to the residents of properties that while within the proximate area of the city, but exist outside the city limits in "unincorporated Lake County", should be considered for annexation.

(b)

Invitation to annexation. The city shall from time to time invite certain real properties to be annexed into the city in accordance with section 98-2, with the understanding that such annexation shall be of benefit to the properties and unto the city which delivers services to the properties. Property owners who respond positively to an invitation to annex from the city shall have the city's standard application fees waived for annexation for the property being submitted for annexation under this section.

(c)

Request to annex. The city may from time to time initiate action under F.S. § 171.0413 to annex real properties, excluding homesteaded properties, which by their location and function would be best positioned to be annexed within the city limits of the City of Minneola, and that such annexations shall be conducted fully within the scope and requirements of F.S. § 171.0413. The city shall be responsible for any expenses associated with annexation under this section. This procedure shall not be used for homestead property unless the homestead property owner consents to annexation.

(d)

Exclusions. The annexation policy as outlined in subsections (a) through (c) excludes annexations associated with property owner requests for annexation that are associated with concurrent requests for rezoning. In this case standard application fees shall apply and the request for annexation and rezoning are covered by section 98-2 and section 98-3 of the Code.

(Ord. No. 2008-44, §§ 1, 2, 12-2-2008)

(a)

Application. Applications for development under the Live Local Act ("LLA Application") shall be made on the appropriate form provided for that purpose by the city and shall be accompanied by the appropriate review fee. The LLA application shall be in addition to any other application required commensurate with the type of use and project. The LLA application shall specifically demonstrate, at a minimum, that the project qualifies as affordable housing under the Act.

(b)

Notice. Upon receipt of a completed application, the planning director or their designee, shall send, at the applicant's expense, notice of the proposed development to the owners of all adjoining properties located within 500 feet of the subject property. Additionally, the property owner or applicant shall conspicuously post notice on the subject property as provided in section 98-2. Such notices shall include the date, time, and place of the public meetings of the planning & zoning commission and city council where the development will be discussed, along with a clear and concise description and depiction of the proposed development.

(c)

Review. The planning director or their designee, shall forward the completed application to the DRP reviewers, who shall submit written reviews of the application. Review of the LLA application shall be in addition to any other review (e.g. site plan and concurrency) associated with the development. The planning director shall seek to coordinate such concomitant reviews with any public hearings associated with the development and any public meetings associated with the LLA application. The applicant shall pay all reasonable fees charged by any consultants or non-city staff reviewers.

(d)

Public meetings. In conjunction with staff and consultant review, the planning director shall schedule the LLA application for consideration before the planning and zoning commission. After the planning and zoning commission has considered the LLA application and provided its recommendations, if any, the LLA shall be scheduled as a discussion item at a city council meeting. The city council shall take no action regarding the LLA application, but the meeting shall provide a forum for residents and property owners to ask questions and provide input as to the proposed development's consistency with the Act, land development regulations, and comprehensive plan. Thereafter, the planning director shall approve or deny the LLA application consistent with the Act.

(e)

Appeals. Any LLA applicant who is aggrieved by a decision by the planning director or their designee may appeal that decision to the city manager as otherwise provided in section 98-6. Thereafter, if the LLA applicant is aggrieved by the city manager's decision, they may appeal to the city council as provided in section 98-6.

(f)

Dispute resolution. Any aggrieved party shall engage in mediation with the city and any other necessary parties pursuant to F.S. §§ 44.401-44.406, after all administrative appeals are exhausted and before proceeding with court action.

(Ord. No. 2023-18, § 2, 6-20-2023)