The city council hereby designates the development administrator, as defined, as the administrative official charged with the responsibility for administering and enforcing this chapter. As provided for, this responsibility may be delegated to other staff personnel of the city; however, final responsibility and authority shall remain with the development administrator.

(Ord. No. 90-13, § 02.05.01, 8-7-1990; Ord. No. 2001-06, § 2(02.05.01), 11-6-2001)

(a)

The development administrator shall administer and enforce this chapter. The development administrator is authorized to act through aides and assistants. In the performance of his or her duties, the development administrator may request the assistance of any officer or agency of the city.

(b)

The development administrator shall investigate promptly complaints of violations, reporting findings and actions to complainants, and shall use best endeavors to prevent violations or to detect and secure the correction of violations. The development administrator shall order the discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, and discontinuance of any illegal work being done, or shall take any other lawful action authorized by this chapter necessary to insure compliance with or to prevent violations of this chapter.

(c)

It is the intent of this chapter that questions of interpretation and enforcement shall first be presented to the development administrator.

(d)

The development administrator shall maintain written records of all official actions with relation to land development regulation administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases, and the same shall be a public record.

(Ord. No. 90-13, § 02.05.02, 8-7-1990; Ord. No. 2001-06, § 2(02.05.02), 11-6-2001)

(a)

Enforcement generally. The purpose of this section is to develop rules and procedures to enforce this chapter. The development administrator and code enforcement board, pursuant to F.S. ch. 162, shall enforce this chapter according to the procedures set forth below.

(b)

Interlocal enforcement agreement. The city shall enter into an interlocal agreement with the county to administer and enforce the planning and zoning sections of this chapter and applicable state building codes. This shall include all building permits, development orders and inspections.

(c)

Initiation of enforcement procedures. When the development department has reason to believe that the provisions of this chapter or any previous order of the code enforcement board or administrative official is being violated, it shall initiate enforcement proceedings via the code enforcement officer. No member of the code enforcement board may initiate enforcement proceedings.

(d)

Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical, or plumbing system that is being done contrary to the provisions of this chapter, or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

(e)

Enforcement process.

(1)

A notice of violation shall be served upon the owner, agent, custodian, lessee, or occupant to terminate and abate the violation in 30 days of the date such notice is received by certified mail, hand delivery, or advertised in a newspaper of general circulation in the county. Such notice of violation shall include a sufficient description by address and/or legal description to identify the property upon which the violation exists; a description of the violation to be terminated and abated; and a statement that if the described violation is not terminated and abated within 30 days after notice as herein provided, the code enforcement board may order the code enforcement officer to cause the violation to be terminated and abated, and to impose a lien upon the property for the actual cost of such termination and abatement.

(2)

If such violation has not been terminated and abated within the 30-day period a second notice shall be sent to the offender indicating that a code enforcement hearing has been scheduled. Such second notice of violation shall further state the date, time and place in which the violation will be scheduled for hearing before the code enforcement board.

(3)

If a violation presents a serious threat to the public health, safety, and welfare, the code enforcement officer shall immediately take the case before the code enforcement board, even if the violator has not been notified.

(f)

Enforcement hearings. All hearings before the code enforcement board pertaining to this chapter shall be conducted in accordance with the procedures set forth in this chapter. The code enforcement board may issue whatever orders are necessary to bring the violation into compliance, including an order which directs the code inspector to cause the violation to be terminated and abated, and which further orders that a lien be placed on the property in an amount equal to the actual cost of terminating and abating the violation. No order of the code enforcement board shall cause a violation to be terminated and abated before the time has run out for appealing such order.

(1)

After a case is set for hearing, the code enforcement board may issue subpoenas as requested by the development department and the alleged violator. Subpoenas may be served by the county sheriff. The city shall pay all costs of issuing and serving up to and including four subpoenas requested by any party. Should a party request more than four subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four.

(2)

Hearings before the code enforcement board shall be conducted as follows:

a.

The administrator shall read the statement of violations and request for hearing.

b.

The alleged violator shall be asked if he or she wishes to contest the charges.

c.

The city shall present its case and alleged violator shall present his or her case. The city's case shall be presented by an attorney representing the city or by a member of the administrative staff of the city or a city code enforcement officer. The alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

d.

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded.

e.

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

f.

Both parties may cross examine witnesses and present rebuttal evidence.

g.

The board and its attorney may call or question any witness.

h.

After all evidence has been submitted, the chair shall close presentation of evidence.

i.

The board shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the board shall adjourn and reconsider the matter as soon as possible at a time and date certain.

j.

A decision of the board must be approved by a majority of the members of the board present, except that at least three members of the board must vote in order for the action to be official. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the board.

k.

The decision shall be announced as an oral order of the board and shall be reduced to writing within ten days and mailed to the parties.

l.

The board may, at any hearing, order the reappearance of a party at a future hearing.

(3)

The code enforcement board, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed $250.00 for each day the violation continues past the specified compliance date. For repeat violations, the fine shall not exceed $500.00 per day.

(4)

After an order has been issued by the code enforcement board and a date for compliance has been set, the code enforcement officer or other designated city official shall make a reinspection to determine compliance or noncompliance with the order.

(5)

The inspector shall file an affidavit of compliance or noncompliance with the administrator of the code enforcement board, and a copy shall be sent to the violator by certified mail, return receipt requested.

(6)

If the development administrator files an affidavit of compliance, the administrator of the code enforcement board shall close the file and so report to the board.

(7)

If the development administrator files an affidavit of noncompliance with the code enforcement board, the board may order the violator to pay the fine as specified in the board's order.

(8)

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, or personally served upon the violator.

(9)

If a fine remains unpaid for a period of 14 days, a certified copy of the order imposing the fine shall be recorded in the official records of the county, which shall thereafter constitute a lien against the land on which the violations exist, or if the violator does not own the land, upon any other real or personal property owned by the violator, and may be enforced in the same manner as a court judgment by the county sheriff, including levy against personal property. If the fine remains unpaid for a period of one year following the date the lien was filed, the board may authorize the city attorney to foreclose on the lien.

(10)

In addition to the penalties prescribed above, the code enforcement board shall:

a.

Direct the development administrator not to issue any subsequent development orders for the development until the violation has been corrected.

b.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(g)

Lien.

(1)

If the code enforcement board orders that a violation of this chapter be terminated and that a lien be placed on the property for the actual cost thereof, the development administrator shall, within 15 days from the date any such work is completed, cause to be prepared a claim of lien describing the real property upon which a lien is claimed, the date of completion of the work, the actual cost of terminating and abating the violation and have attached as an exhibit to the claim of lien a certified copy of the code enforcement board order imposing the lien. The claim of lien shall be filed in the official record books of the public records of the county. The development administrator shall further cause to be published one time, in a newspaper of general circulation in the county, a notice setting forth the lien held by the county against each piece of real property by lot and block number or other proper description.

(2)

Any person owning or having interest, legal or equitable, in the real property shall have the right, within 30 days after the publication of the notice of lien, to present to the code enforcement board a sworn petition stating his or her interest in the property and alleging that, in the opinion of the petitioner, the cost of such work as shown in the claim of lien filed in the official records book of the public records of the county exceeds the actual cost thereof or is otherwise erroneously entered, and shall be heard upon such petition. The petition may be accompanied by the documentary evidence showing that the cost of the work as shown in the claim of the lien exceeds the actual cost or is erroneously entered. If it shall appear to the satisfaction of the code enforcement board that the cost is erroneously stated, then the code enforcement board shall so declare, and shall correct the amount to be charged against such real property as is correct, and the development administrator shall have the corrected claim of lien for such amount filed in the official record books of the public records of the county.

(3)

Where no sworn petition is filed pursuant to subsection (2), the cost of such work as shown in the recorded claim of lien shall become a fixed lien on the real property upon which the work has been done.

(h)

Other penalties and remedies.

(1)

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

(2)

Lot sales limited to approved subdivision. It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat or subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by this chapter and recorded the approved subdivision plat as required.

(3)

False representation as to maintenance responsibility. Any owner or agent of the owner who falsely represents to a prospective purchaser of real estate that any facilities and services such as roads, sewers, water systems or drainage facilities will be built, constructed or maintained by the city shall be punishable as approve by law.

(4)

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

(5)

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

(Ord. No. 2001-06, § 2(02.05.02(A)—(H)), 11-6-2001)

The development administrator shall be responsible for determining whether applications for building permits of the city are in accord with the requirements of this chapter, and no building permit shall be issued without written certification that plans submitted conform to applicable land development regulations. No building permit shall be issued by the development administrator except in conformity with the provisions this chapter, unless the development administrator shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by this chapter, or unless he or she shall receive a written order from the governing body or a court of competent jurisdiction.

(Ord. No. 90-13, § 02.05.03, 8-7-1990; Ord. No. 2001-06, § 2(02.05.03), 11-6-2001)

(a)

Application information. All applications for building permits, including the erection of modular homes and other manufactured buildings as defined in F.S. § 553.36(13), shall be accompanied by two copies of the plot plan and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the exact size and location on the lot of the building or buildings, including all accessory structures, such as, but not limited to detached garages and storage sheds and accessory dwelling units, to be erected or altered; the existing use of buildings on the lot, if any; the intended use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location of driveways, the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine and provide for the enforcement of this chapter.

(b)

Review by local planning agency. Prior to the approval of plans for single-family dwellings, the plans shall be sent to the local planning agency ("LPA") to ensure compliance with the provisions of section 54-191 of this chapter.

(c)

Record of action on plans. One copy of the plans shall be returned to the applicant by the development administrator, after marking such copy either as approved or disapproved and attesting to same by the development administrator's signature on such copy. The second copy of the plans, similarly marked, shall be retained by the development administrator as part of the public record.

(d)

Display. All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or any other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.

(e)

Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced in the form of actual construction within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced; provided, that, for cause, one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be in writing by the development administrator.

(f)

Construction and use to be as provided in application; status of permit issued in error.

(1)

Building permits issued on the basis of plans and specifications approved by the development administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of this chapter and punishable as set out in this chapter.

(2)

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of the application by the development administrator shall in no way exempt the applicant from strict observance of applicable provisions of this chapter nor grant any rights or privileges to the applicant to proceed to construction, and the city council shall have the power to revoke such permit if actual construction has not commenced.

(Ord. No. 90-13, § 02.05.04, 8-7-1990; Ord. No. 2001-06, § 2(02.05.04), 11-6-2001; Ord. No. 2019-03, § 2, 6-4-2019)

(a)

Required.

(1)

It shall be unlawful to use or occupy, or permit the use or occupancy, of any building, premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of land development regulation compliance shall have been issued by the development administrator stating that the proposed use of the structure or land conforms to the requirements of this chapter.

(2)

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of land development regulation compliance, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(b)

Temporary certificate of compliance. A temporary certificate of land development regulation compliance may be issued by the development administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as are necessary in the circumstances to protect the safety of occupants and the general public.

(c)

Records; violations.

(1)

The development administrator shall maintain a record of all certificates of land development regulation compliance, and a copy shall be furnished upon request to any person.

(2)

Failure to obtain a certificate of land development regulation compliance as set out in this chapter shall be a violation of this chapter and punishable as provided by law.

(3)

Certificates of land development regulation compliance issued on the basis of plans and specifications approved by the development administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of this chapter and punishable as provided by law.

(Ord. No. 90-13, § 02.05.05, 8-7-1990; Ord. No. 2001-06, § 2(02.05.05), 11-6-2001)

Permit fees shall be established by the city council by resolution.

(Ord. No. 90-13, § 02.05.06, 8-7-1990; Ord. No. 2001-06, § 2(02.05.06), 11-6-2001)

Where, by the terms of this chapter or other applicable regulations or ordinances of the city, provision is made for insuring to the city council that the public improvements required will be constructed as required, the following procedures and regulations shall govern. Before any building permit is issued in such situation, the city council shall require the applicant to present satisfactory evidence that full provision has been made for public improvements, including, but not limited to, utility lines, sanitary sewers. storm sewers, construction or reconstruction of streets or alleys, street signs, and traffic devices or signals. Where such public improvements are to be constructed by the applicant in accordance with the applicant's permit, the city council shall require security satisfactory to the city council in the form of (i) a deposit in cash or cashier's check or (ii) a performance and payment bond in the amount of 110 percent of the estimated cost of such improvements. The purpose of this requirement is to insure to the city council that the public improvements required will be properly and timely completed and paid for. The form of any such bond or sureties thereon shall be subject to the approval of the attorney for the city council as to form and correctness prior to the issuance of any building permit.

(Ord. No. 90-13, § 02.05.07, 8-7-1990; Ord. No. 2001-06, § 2(02.05.07), 11-6-2001)

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in this chapter, the following regulations shall govern temporary uses:

(1)

Temporary use permits issued by city council.

a.

The city council may issue a temporary use permit for the following uses:

In agricultural, commercial, and industrial districts: commercial circuses, carnivals, outdoor concerts, and similar uses.

b.

Requests for such a permit shall be submitted in writing to the development administrator together with such reasonable costs as the city council may determine through action in setting fees. The development administrator shall forward and shall erect a sign advertising the request on a prominent position on said land. The local planning agency shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to local planning agency consideration of temporary use permits shall be a public record. At the public session, any person may appear in person or by agent or attorney. The local planning agency shall submit its report and recommendations to the board of city council. The local planning agency report and recommendations shall be advisory only and not binding upon the city council.

c.

Within a reasonable time after receiving the local planning agency report and recommendations, the city council shall hold a public hearing to consider the request. The city council shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the hearing, any person may appear in person or by agent or attorney. The city council shall take final action on the request by either approving, approving with conditions, or denying the request.

d.

Prior to granting a temporary use permit, the city council shall insure that:

1.

Any nuisance or hazardous feature involved is suitably separate from adjacent uses.

2.

Excessive vehicular traffic will not be generated on minor residential streets.

3.

A vehicular parking problem will not be created.

e.

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which if the use permitted has not been discontinued, it shall be deemed a violation of this chapter.

f.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable as provided in this chapter.

(2)

Temporary use permits issued by development administrator. Certain uses are of short duration or do not create excessive incompatibility during the course of the use. The development administrator is authorized to issue temporary use permits for the following activities, after a showing that any nuisance or hazardous feature involved is suitably separated form adjacent uses, excessive vehicular traffic will not be generated on minor residential streets, and a vehicular parking problem will not be created:

a.

In any zoning district: Special events operated by nonprofit, eleemosynary organizations.

b.

In any zoning district: Christmas tree sales lots operated by nonprofit, eleemosynary organizations.

c.

In any zoning district: Other uses which are similar to subsections a. and b. above and which are of a temporary nature where the period of use will not extend beyond 30 days.

d.

In any zoning district: Mobile homes or travel trailers used for temporary purposes by any agency of municipal, county, state, or federal government, provided such uses shall not be or include a residential use.

e.

In any zoning district: Mobile homes or travel trailers used as a residence, temporary office, security shelter, or shelter for materials of goods incident to construction on or development of the premises upon which the mobile home or travel is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than 12 months without the approval of the city council and the city council shall give such approval only upon finding that actual construction is continuing.

f.

In agricultural, commercial, and industrial districts: Temporary religious or revival activities in tents.

(Ord. No. 90-13, § 02.05.08, 8-7-1990; Ord. No. 2001-06, § 2(02.05.08), 11-6-2001)

(a)

Authority of council. The city council shall hear and decide only those special exceptions which are specifically authorized for them to pass on under the terms of article III of this chapter. The city council shall decide such questions as are involved in determining when special exceptions should be granted, determining appropriate conditions and safeguards or denying special exceptions when not in harmony with the purpose and intent of this chapter.

(b)

Procedure.

(1)

Upon receipt of an application for a special exception, the development administrator shall examine such application and make his or her recommendation thereon together with all supporting documentation, and shall transmit a copy of the application, together with all supporting and explanatory information, to the city council and the city attorney.

(2)

Prior to the city council's consideration of an application for a special exception, the city attorney shall render an opinion to the council as to whether the special exception application is in fact a special exception under the provisions of this chapter, and is within the province of the city council.

(c)

Decisions.

(1)

Prior to rendering a decision on an application for a special exception use, the city council shall hold a public hearing on the application for approval of a special exception use. The city council shall fix a reasonable time of day for the hearing and give public notice thereof as well as due notice to the parties involved.

(2)

At the hearing any party may appear in person or by agent or attorney.

(d)

Conditions. In granting any special exception, the city council, in addition to the standards provided in article III of this chapter, shall find that such grant will not adversely affect the public interest. In addition, the city council may:

(1)

Require appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

(2)

Prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both.

(Ord. No. 90-13, § 02.05.09, 8-7-1990; Ord. No. 2001-06, § 2(02.05.09), 11-6-2001)

(a)

Authority of council. The city council may authorize a variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in unnecessary and undue hardship.

(b)

Procedure.

(1)

Upon receipt of a request for a variance from the terms of this chapter, the development administrator shall transmit the request, together with all supporting documentation, to the city council. Concurrently, the development administrator shall transmit a copy of the appeal with all supporting and explanatory information to the city attorney.

(2)

Prior to the city council's consideration of a request for a variance, the city attorney shall render an opinion to the city council as to whether the request is within the province of the city council.

(c)

Decisions.

(1)

In order to authorize any variance, the city council must and shall make findings based upon the evidence presented to it if each specific case that all of the following conditions are present:

a.

The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of this chapter were to be carried out;

b.

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

c.

The special conditions and circumstances do not result from the actions of the applicant;

d.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district;

e.

The purpose of the variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner;

f.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

g.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(2)

In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The city council may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both.

(3)

Under no circumstances shall the city council grant a variance to permit a use which is not generally or by special exception permitted in the zoning district involved or any use which is expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighborhood lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in the same zoning districts shall be considered grounds for the authorization of a variance.

(Ord. No. 90-13, § 02.05.10, 8-7-1990; Ord. No. 2001-06, § 2(02.05.10), 11-6-2001)

In addition to other responsibilities vested in the local planning agency by this chapter and other city ordinances, the city's local planning agency (LPA) shall review all applications for special exceptions, variances, zoning changes, all site plans, subdivision preliminary plats, and all applications for approval of planned unit developments (PUD), including concept plans and final development plans, and submit recommendations thereon to the city council. The city council or mayor may request that the LPA review any other matter requiring action by the city council, and submit a recommendation regarding such matter to the council.

(Ord. No. 2005-02, § 1(02.05.11), 1-4-2005; Ord. No. 2010-11, § 1, 10-5-2010)

The purpose of site plan review is to assist both the city and the applicant in the review of certain applications for building permits, and to insure compliance with the provisions and intent of all applicable standards and requirements as set forth by the city. The procedure is intended to insure that the location of structures, circulation and parking facilities and other site amenities, quantities and standards are provided in the furtherance of the public health, safety, comfort, order, appearance, convenience, morals, and general welfare. It is also the step to determine whether public facilities have capacity available to service the new development.

(Ord. No. 90-13, § 05.01, 8-7-1990; Ord. No. 2001-06, § 2(05.01), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007)

The purpose of this section is to provide a checklist for the site plan review process. Applications for site plan review should generally address the items listed below, depending on the development type. However, strict adherence is not required.

(1)

Land use practices.

a.

Reduce vehicle miles of travel (VMT) and strip development by encouraging mixed-use development.

b.

Contribute to the areas jobs-housing balance.

c.

Encourage a mixture of land uses, including, residential, office, and neighborhood commercial and civic uses.

d.

Develop in clusters and keep clusters small.

e.

Place higher density housing near commercial centers and parks.

f.

Phase convenience shopping and recreational opportunities to keep pace with housing.

g.

Make subdivisions into neighborhoods, with well-defined edges and centers.

h.

Reserve school sites in large developments; donate them if necessary to attract new schools.

i.

Concentrate commercial development in compact centers or districts, rather than letting it spread out in strips along roadways.

j.

Encourage shopping centers and business parks to become all-purpose activity centers.

k.

Minimize impact of auto-oriented land uses, and/or incorporate pedestrian linkages by clearly establishing pedestrian walkways and bikeways. Utilization of brick pavers can be used to delineate pedestrian pathways to and between typical auto-oriented land uses.

(2)

Transportation practices.

a.

Design the street network with multiple connections and relatively direct routes.

b.

Space through-streets no more than half a mile apart, or the equivalent route in a curvilinear network.

c.

Keep speeds on local, residential streets to no more than 25 mph.

d.

Keep speeds on arterials and collectors that are in residential areas to no more than 35 mph.

e.

Use traffic calming measures in residential areas, such as speed humps with a 20-mph design speed.

f.

Keep all streets as narrow as possible.

g.

Align streets to give buildings energy-efficient orientation.

h.

Avoid using traffic signals where possible and space signals for good traffic progression.

i.

Provide networks for pedestrians and bicyclists as good as the network for motorists.

j.

Provide pedestrians and bicyclists with shortcuts and alternatives to travel along high-volume streets.

(3)

Environmental practices.

a.

Encourage a systems approach to environmental planning.

b.

Channel and guide development into areas that are already developed.

c.

Preserve areas of high-quality habitat, as large and circular as possible, feathered at the edges and connected by wildlife and agricultural corridors.

d.

Design around significant wetlands.

e.

Establish upland buffers around all retained wetlands and natural water bodies.

f.

Preserve significant uplands.

g.

Restore and enhance ecological functions damaged by prior site activities.

h.

Minimize runoff by clustering development and using efficient stormwater facilities, designed as amenities not eyesores surrounded by chain link fences.

i.

Detain runoff with open, natural drainage systems.

j.

Design man-made lakes and stormwater ponds for maximum environmental value.

k.

Use reclaimed water on large developments with large landscaped areas.

l.

Use and require use of xeriscape landscaping, where feasible.

(4)

Housing practices.

a.

Achieve an average net residential density of six or seven units/acre (site built housing only) of units per acre in accordance with the designated zoning district.

b.

Use cost effective site development and construction practices.

c.

Design in energy efficient features.

d.

Supply affordable single-family homes for moderate-income families.

e.

Supply affordable multifamily and accessory housing for low-income households.

f.

Tap into government housing programs to broaden and deepen the housing/income mix, including the state housing initiatives partnership (SHIP) program.

(Ord. No. 2001-06, § 2(05.01(A)), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007)

The following uses of land and development shall require a site plan for review and approval:

(1)

Permitted uses. All permitted uses within all districts, except single-family detached dwellings, two-family dwellings, and their accessory uses and structures. Site plan review will also be required for placement of any prefabricated or modular units on nonresidentially-zoned properties, whether the units are intended for temporary or permanent use, except for those specific allowable temporary uses permitted in accordance with section 54-39.

(2)

Special exception uses. All special exception uses within all districts.

(3)

Alterations or remodeling. All building or structural alterations or remodeling, except single-family detached dwellings, where said alterations or remodeling affect 50 percent or more of the floor area of the principal building or use; or the cost of said alterations or remodeling exceeds 50 percent of the assessed value of the improvements on the site prior to the alterations or improvements.

(Ord. No. 90-13, § 05.02, 8-7-1990; Ord. No. 2001-06, § 2(05.02), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007; Ord. No. 2013-13, § 1, 11-5-2013)

(a)

In order to expedite the review of a site plan, coordinate its local review in respect to the provisions of all applicable city ordinances, and to inform the city of a site plan in preparation, one or more pre-application conferences between the applicant and representative of the city's designated administrative staff is required.

(Ord. No. 90-13, § 05.03, 8-7-1990; Ord. No. 2001-06, § 2(05.03), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007)

(a)

Generally. The city may, if in its opinion it is necessary, retain consultants to assist in the review of an application for site plan review which meets one or more of the following criteria:

(1)

Encompasses two or more acres of land within the application.

(2)

Proposes 20 or more dwelling or motel units or 50,000 square feet of nonresidential building area.

(3)

Requires, by the nature and content of the application, professional expertise in one or more professions not available on the administrative staff of the city.

(b)

Types of review. The types of review to be conducted under the major development review procedures may be classified in either, or both, of the following categories:

(1)

Consideration of development issues or impacts arising from the physical aspects of project development including environmental, traffic, land use, density and similar impacts.

(2)

Consideration of fiscal impacts identifying the cost of providing public services to the development and the tax revenues expected to be generated by the project.

(c)

Payment of review costs. The cost of retaining said consultants shall be borne by the applicant in the manner set forth within a resolution of the city council concerning application and permit fees.

(Ord. No. 90-13, § 05.04, 8-7-1990; Ord. No. 2001-06, § 2(05.04), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007)

(a)

Vicinity map and an infrared aerial of the site at a scale of one inch equals 100 feet or such other scale as deemed appropriate by the designated development administrator.

(b)

The boundary survey of the tract showing the location and type of boundary evidence and showing the location of all existing streets, buildings, railroads, bulkhead lines and easements, and other important features in or adjoining the property. The boundary survey shall be related to the state plane coordinate system if available.

(c)

A site plan containing the title of the project, its date and scale, a north arrow and illustrations of the locations of all proposed buildings and structures, access and traffic flow, off-street parking and off-street loading areas, recreational facilities, landscaped buffer areas, refuse collection areas, and proposed utilities.

(d)

Existing topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than two percent, in which case either one-foot contours or spot elevations shall be provided where necessary, but not more than 100 feet apart in both directions.

(e)

Proposed finished grading by contours supplemented where necessary by spot elevations, and in particular, at those locations along lot lines.

(f)

All existing and proposed street right-of-way reservations and easements; their names, numbers and widths; canals and watercourses and their names as well as the owner, existing zoning, and present use of all adjoining properties.

(g)

The density or intensity of land use to be allocated to all parts of the site to be developed together with tabulations by area and percentages thereof. Such allocations shall include, but not be limited to:

(1)

Total site area.

(2)

Density (dwelling units per acre) or intensity (units per acre and/or ratio of gross floor area to total site areas).

(3)

Percentage of site covered by buildings.

(4)

Permeable space and landscaped areas.

(5)

Vehicular circulation and parking areas.

(6)

Location, area, and use of all other portions of the site.

(h)

The location, size, and character of any common open space, and the form of organization proposed to own and maintain any common open space.

(i)

Elevation drawings detailing architectural elements as outlined in section 54-190 for new or materially-altered commercial structures, and the proposed location, general use, number of floors, height, and the net and gross floor area for each building, including accessory structures and outside display areas.

(j)

Location, type, and size of vehicular entrances to the site.

(k)

Location, type, size, and height of fencing, retaining wall, and screen planting where required under the provisions or this chapter.

(l)

All off-street parking, loading space, and walkways, indicating type of surfacing, size, angle and width of stalls and aisles, together with schedule showing the number of parking spaces provided and the number required by the provisions of this chapter.

(m)

All proposed signs and exterior lighting.

(n)

Provisions for the adequate disposition of natural and stormwater in accordance with the adopted design criteria and standards of the city, indicating the location, size, type and grade of ditches, catch basins, and pipes and connections to the existing drainage system.

(o)

Provisions for the adequate control of erosion and sedimentation, indication the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading, and construction.

(p)

A landscape plan indicating the location, type, size, and description of all proposed landscape materials, including the limits and/or extent of tree removal and/or tree protection.

(q)

An analysis of the projected impact of the new development on public facilities including the amount of traffic generated by the project and its affect on surrounding streets, and the amount of water and sewer capacity required.

(r)

Identification of all protected trees on the site or in the right-of-way that may be disturbed by the project. Protected trees are identified in Chapter 54 Article XIV of the City of Monticello Land Development Code.

(s)

Any additional data, plans or specification which the applicant believes is pertinent and will assist in clarifying the application.

(Ord. No. 90-13, § 05.05, 8-7-1990; Ord. No. 2001-06, § 2(05.05), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007; Ord. No. 2023-08, § 3, 4-4-2023)

In deciding whether to approve, approve with conditions, or deny a site plan, the entity with authority to render such decision shall determine:

(1)

Whether the applicable zoning standards and requirements have been met.

(2)

Whether the applicable criteria of the land development regulations have been met.

(3)

Whether adequate capacity is available as required in the concurrency management system.

(4)

Whether the requirements of other applicable regulations or ordinances which impose specific requirements on site plans and development have been met.

(Ord. No. 90-13, § 05.06, 8-7-1990; Ord. No. 2001-06, § 2(05.06), 11-6-2001; Ord. No. 2005-02, § 2(05.06), 1-4-2005; Ord. No. 2007-03, § 1, 6-12-2007)

(a)

Acceptance. Upon receipt of a site plan application and after payment of the appropriate application fees, the city's designated development administrator shall have 45 working days to determine its completeness, review site plan materials, and to issue a report to the applicant indicating the degree of conformance with required submissions under section 54-76 and all other applicable city codes and development standards. The development administrator's report may include a determination that a project should be considered a major development site plan review as authorized in section 54-75.

(b)

Planning agency review.

(1)

Upon determination that a site plan, after any necessary revisions, is in compliance with city codes and ordinances, or upon determination to recommend review of the site plan as a major development, the designated city development administrator shall, within 30 working days, prepare a report for the local planning agency for review at a public hearing.

(2)

Notice requirements. No later than 30 days prior to the local planning agency hearing, a notice, sent by U.S. Mail, shall be issued to all owners of real property, as listed in the current year ad valorem tax rolls, located within 500 feet of the property under site plan review. The hearing shall also be advertised at least ten days prior to the hearing,

(c)

City council review. An application for site plan approval, with the development administrator's report and the local planning agency's recommendation, shall be presented to the city council at the next available regular meeting following the conclusion of the public hearing and final action by the local planning agency. The council shall hold an advertised public hearing on the site plan, and, within 60 days from the conclusion of the public hearing, take action either declaring the site plan application subject to major development review as authorized under section 54-75; approving the site plan; approving with modifications; or denying the plan.

(Ord. No. 90-13, § 05.07, 8-7-1990; Ord. No. 2001-06, Ord. No. 2007-03, § 1, 6-12-2007; Ord. No. 2010-12, § 1, 11-1-2010)

(a)

Approval required. Any changes or amendments to a site plan approved by the city council shall require a resubmission in accordance with the provisions of this chapter, except that minor alterations and/or adjustments may be permitted by the development administrator provided that such alterations and/or adjustments do not:

(1)

Affect more than 50 percent of the square footage of the approved site plan.

(2)

Alter the use or uses of the approved site plan.

(3)

Significantly change the concept intent or arrangement of the approved site plan.

(4)

Result from a proposal to change the approved site plan but rather are a result of refinement and detailing of the site plan as approved.

(b)

Required findings for approval by development administrator. In all cases where with development administrator acts in accordance with this section, he or she must and shall find before granting approval to the requested alterations that:

(1)

The granting of the alterations would be in the best interest of the city.

(2)

In the case of alterations to an approved site plan for a condominium, a majority of the owners in the affected condominium association have consented to the alterations and any applicable rules of said association have been met.

(c)

Appeal of development administrator's action. The applicant or any directly interested party shall be the right to appeal any decision of the development administrator with respect to permitting alterations and/or adjustments to an approved site plan. Any such appeal shall be made to the city council within ten days of the development administrator's action upon which said appeal is based.

(Ord. No. 2007-03, § 1, 6-12-2007)

(a)

An approved site plan shall be effective for a period of 12 months from the date of approval by the city council. If a development order is not issued within such period, the approval for the site plan shall be null and void.

(b)

Failure to comply with this section shall negate the approval of the subject site plan and modifications.

(Ord. No. 90-13, § 05.08, 8-7-1990; Ord. No. 2001-06, § 2(05.08), 11-6-2001; Ord. No. 2007-03, § 1, 6-12-2007)