The purpose of this Chapter is to provide the procedures and general standards for development, development activity and other property applications that are submitted to Osceola County for review under this Code. The application required shall be based on the use tables contained herein, along with any overlay, subdivision and other requirements of this Code.

Quasi-Judicial Proceeding is a hearing where applicants and affected parties have the rights and responsibilities as set forth herein. A quasi-judicial proceeding shall occur as provided by law.

After a development approval has been granted, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the approval without first obtaining a modification of the application. A written record of the modification shall be entered upon the original approval and maintained in the files of the issuing department. Modifications must be made in accordance with development review procedures for any modification currently in the review process. A stop work order shall be issued for unauthorized deviations and no further work shall continue or commence on that part of the development prior to the issuance of a development permit authorizing the work.

Any person with legal standing who receives a decision or recommendation from a reviewing body has the right to appeal the decision or recommendation as outlined herein. Once the appeal process is complete, the decision is final and the applicant does not have the opportunity to appeal the appellate decision. The applicant may initiate the application process again in its entirety, including all applicable fees.

Prior to any permit being issued, undertaking any development, or use of land in unincorporated Osceola County, a development approval or approved development order shall be obtained in accordance with the procedures of this Chapter unless otherwise exempt. Bona fide agricultural activity as defined by Florida Statutes shall be exempt from the requirements of this chapter.

A.

An administrative waiver may be granted for up to a fifteen (15) percent deviation from any performance criteria. Performance criteria is considered to be, but is not limited to: lot width/size, building height, setbacks, alternative parking arrangements or any other criteria the County Manager may deem appropriate. An applicant may also receive an administrative waiver for applications that generally do not require a multi-disciplinary review.

B.

A Comprehensive Plan Amendment is required for those applicants who desire to change the Future Land Use Designation on a property. For the purposes of this Code, there shall be two (2) types of Comprehensive Plan amendments: small scale plan amendments and large scale plan amendments. Small and large scale amendments are defined by F.S. ch. 163 and applications may be received by the County any time during the year. This includes applications for Developments of Regional Impact (DRI), Developments of Community Impact (DCI) and any other large scale developments which require Comprehensive Plan amendments.

C.

A Land Development Code Amendment is required for those applicants who desire to amend the text of this Code, or desire a change that may result in a modification in the actual list of permitted, conditional or prohibited uses within a zoning district or a change to a zoning designation on a property. This includes creation of a Planned Development district. Additional requirements shall apply for rezoning to a Planned Development District as outlined herein.

D.

A Conditional Use permit is required for all uses that would not be appropriate generally or without restrictions in a zoning district, but which if controlled as to the number, area, location, appearance, character or relation to the surrounding neighborhood and uses would not adversely affect the public health, safety, or welfare.

E.

A Concept Plan is required to show consistency with the applicable Conceptual Master Plan and required for all development within a Mixed Use District for which a Conceptual Master Plan has been adopted. It must include an entire neighborhood and/or center and its adjoining open space, as identified in the applicable Conceptual Master Plan. In those instances where a neighborhood or a center is under multiple ownership, a property owner shall submit a Concept Plan for less than the entire neighborhood and/or center, unless there is written agreement from the other property owner(s). A Concept Plan is not required for a single family home on an existing lot of record.

F.

A Preliminary Subdivision Plan (PS) is the first step in a major subdivision process. The PS approval is valid as long as a Site Development Plan (SDP) application is submitted within twenty-four (24) months from the approval of the PS and the SDP remains valid. In a phased PS, if applicable, each subsequent phase of the PS must submit a SDP within thirty-six (36) months of the approval date for the previous SDP. If the SDP expires or becomes invalid after thirty-six (36) months, the applicable PS phase and all subsequent phases shall become void.

G.

A Site Development Plan is required in lieu of an Engineering Improvement Plan for all development applications that propose any vertical or horizontal construction. Site Development Plans shall contain all items necessary to demonstrate compliance with the Land Development Code and Osceola County Comprehensive Plan and any Concept Plan, or Conceptual Master Plan should it exist. All Engineering Improvement Plans previously approved prior to the adoption of this Code are considered in effect and will be subject to all the ordinances, rules and regulations outlined herein. An approved SDP is valid for a period of thirty-six (36) months.

H.

Comprehensive Development Plans will no longer be required as part of a Planned Development. Site Development Plans will be required in lieu of Comprehensive Development Plans. All Comprehensive Development Plans previously approved prior to the adoption of this Code are considered in effect and will be subject to all the ordinances, rules, and regulations outlined herein.

I.

Platting is required when an applicant desires to subdivide property. Platting and the subdivision of land, including final plats, re-plats, plat vacation, plat abandonment, aggregation and plat modifications or suspension, shall comply with the requirements of F.S. ch. 177, and any other applicable laws. Applicants seeking a lot split shall follow the criteria as outlined herein.

J.

A Land Alteration permit is required for any activity which physically changes or alters the land, including but not limited to the following: excavation, construction of new structures, expansion of existing structures, alteration of existing grades, installation of utilities, roads, stormwater management systems, and septic tanks, bulkheading, land clearing, grubbing, tree cutting, and disposal of solid or liquid waste.

K.

A Variance is required for a modification of any performance criteria where an administrative waiver is not applicable. Performance criteria is considered to be, but is not limited to, lot width/size, building height, setbacks, alternative parking arrangements or any other criteria the County Manager may deem appropriate. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance.

L.

Pursuant to the Comprehensive Plan, a Conceptual Master Plan for the designated Mixed Use Areas may be required.

(Ord. No. 2025-10, § 3, 3-17-2025)

The following are minimum submittal requirements for all development approvals subject to the requirements of this Chapter. A project may require more than one (1) development application, and may require other County or agency permits once the development application is approved. Unless otherwise provided herein, all development applications shall be filed with the County for review for consistency with any overlay, subdivision or other requirements of this Code or the Comprehensive Plan. The list of applications identified in Table 2.1 may be amended from time to time at the discretion of the County Manager.

A.

An application for development approval, as described in this Chapter, may be initiated by:

1.

A landowner, or his/her agent where authorized in writing, provided however that where the fee owner has entered into a contract for the sale of the property, whether it be an agreement for deed, sales contract, or otherwise, the purchaser may initiate the application when specifically authorized in the contract to do so or by another legal document authorizing same.

2.

Where there is more than one (1) owner on a parcel, all such owners must jointly initiate the application. Where the property is subject to a trust agreement, the trustee may initiate the application when the trustee has submitted evidence that he/she is authorized by the trust document to do so. If a trustee is authorized to initiate the application only in conjunction with other trustees, all such trustees must jointly initiate the application.

3.

Where the fee owner is a corporation or partnership, the president or general partner may initiate the application and must provide proof that the corporation or partnership exists.

4.

Where the fee owner is an association, the association or its governing body may appoint an agent, in writing, to initiate the application on behalf of the association. Proof that the association exists must accompany the application.

5.

An application for a Zoning Map Amendment for more than one (1) property may be initiated with owner authorization of all the properties within the subject property boundary of the proposed zoning map amendment application.

B.

The County Manager shall establish application forms to be submitted to the County for all development approvals referenced herein. The development application submittal review procedures contained in this Chapter shall apply to all applications authorized herein, with the following considerations:

1.

All properties within a single application must be contiguous unless it is in the public interest due to the size or scope and nature of the request to allow the application to cover noncontiguous properties, and there is a rational continuity between the properties in question.

2.

No application shall be accepted unless it is presented on the appropriate application form and complies with all general information requirements set forth herein unless specifically stated otherwise in the Code.

3.

The applicant shall ensure that an application is accurate and complete. Failure to provide the required information identified for each type of application may constitute an incomplete application and preclude review by the County and other agencies until the necessary information is provided. After initial sufficiency review, the County will notify the applicant if any deficiencies are apparent. This does not guarantee that the application is consistent with this Code if no deficiencies are so noted.

4.

Owners of the property shall make available to County staff a means of reasonable access to the property for which an application has been submitted.

5.

An application shall be deemed expired if no action is taken by the applicant to advance the application within six (6) calendar months after the application is deemed sufficient by staff. The applicant has the ability to request in writing from the County, a one-time extension for an additional six (6) calendar months. Once expired, a new application must be submitted for review, along with appropriate fees, should the applicant wish to move forward with development.

C.

The appropriate fees, costs and other charges as specified in the schedule of fees, shall be paid at the time of initial application submission except as otherwise specified herein. The schedule of fees, costs and other charges may be amended, modified or otherwise changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners. Applications, petitions, or requests initiated officially by Osceola County or any of its constitutional officers, by duly authorized agents and officers, are exempt from payment of the charges required herein. Upon written request to the County Manager, an applicant who has paid the appropriate fee but withdraws the application prior to advertising by County staff may be entitled to a partial refund of fees.

D.

Upon written request, concurrent with filing the application, the County Manager may modify the submittal requirements where the applicant clearly demonstrates that the submission requirement will have no bearing on the review and processing of the application. The applicant's request and the written response of the County Manager must accompany the application submitted and will become a part of the permanent file.

(Ord. No. 2025-10, § 3, 3-17-2025)

A.

On County construction projects, within the construction limits, where utilities are requested by the County to be relocated, no permit is required, providing the proposed relocation and/or construction has been approved and coordinated with the County Manager and the proposed construction will be completed prior to the scheduled completion date of the proposed construction contract. Construction work outside of the proposed construction zone, determined to be not an integral part of the construction project, or scheduled after completion of the project, will require a County permit.

B.

Emergency repairs may be performed on public right-of-way without obtaining a permit prior to such repair. Emergency repair work shall be completed in accordance with applicable directives from the County or other authority as expeditiously as possible. The County Manager shall be notified on all emergency repair work immediately after beginning of such repair work. An application for a right-of-way utilization permit and payment of applicable fees shall be submitted to the County within two (2) working days following commencement of emergency repair work. The person, company or utility performing the emergency repair work shall not be required to notify other agencies prior to the emergency work, with the exception of gas utility companies. Nevertheless, they shall notify the other agencies at the same time work is commenced, outlining the extent of repair work performed.

C.

For those situations described above, all work must be performed in compliance with the other provisions of these regulations and all other applicable laws and regulations, including the provisions of the gas notification law.

Prior to undertaking any development or use of land in unincorporated Osceola County, a development approval shall be obtained through one (1) or more of the development review procedures in accordance with this Code. A pre-application conference with the County is encouraged but not mandatory prior to initiating any applications.

Development review procedures are divided into six (6) primary levels of review according to the purpose of the review, as outlined herein. They are Administrative Review (Admin), Development Review Committee (DRC), Architectural Review Board (ARB), Design Review Board (DRB), Planning Commission (PC), Board of Adjustment (BOA) and Board of County Commissioners (BCC). The required review process necessary shall be based upon the development application requirements, along with any overlay, subdivision or other requirements of the Code or the Comprehensive Plan. A summary of the required reviewing body for common applications is shown in Table 2.1.

(Ord. No. 2022-125, § 2, 2-20-2023; Ord. No. 2025-10, § 3, 3-17-2025)

A.

PURPOSE AND CONSIDERATIONS. An Administrative Waiver is an administrative evaluation of development plans and applications for development activities that do not require a formal multidisciplinary review by the Development Review Committee. Administrative waivers may include but are not limited to those outlined in Table 2.1.

B.

FINDINGS. In reaching its decision, staff shall determine whether the development request is consistent with the intent and purpose of the Osceola County Comprehensive Plan, including the balance and mix of uses, and this Code. For areas within a Conceptual Master Plan, staff shall determine if the request supports the intent of a pedestrian oriented community as outlined in the approved Conceptual Master Plan and does not affect the ability of surrounding lands to achieve same.

C.

REVIEW PROCESS. The applicant shall file a completed application and/or plans for an Administrative Waiver with the County, along with the applicable review fee. Pre-application conferences are optional. The staff shall review the application and make the following determination:

1.

Grant approval with verbal authorization to proceed, approval with written clarification or approval with conditions; or

2.

Deny the application.

A.

PURPOSE AND CONSIDERATIONS. A DRC Review is a multi-disciplinary evaluation of development plans and applications for development activities that allows for evaluation of multiple technical issues or changes in the use or site. Development applications that require a multi-disciplinary review may include but are not limited to those outlined in Table 2.1.

B.

FINDINGS. In reaching its decision, the DRC shall determine whether the development request is consistent with the intent and purpose of the Osceola County Comprehensive Plan and this Code.

C.

REVIEW PROCESS.

1.

Upon receipt of a sufficient application and applicable fee, the proposal shall be placed on the agenda of the first available meeting of the DRC. A Project Coordinator, who is the applicant's point of contact, is assigned, and a copy of the application and supporting documentation will be made available to each member of the Development Review Committee. The DRC shall conduct a preliminary review of the application in collaboration with the Project Coordinator. All plans submitted to the County or other review agencies shall be identical.

2.

At the scheduled DRC meeting, staff shall present comments (written or verbal) and determine whether the application should receive a recommendation of approval, approval with conditions, or denial, based on conformance with this Code, the Comprehensive Plan, impacts on County facilities, and other applicable County regulations or considerations. For a development to receive a recommendation, all comments and concerns of the participating staff must be addressed. The applicant or his/her agent may attend the DRC meeting but is not required to do so. Upon completion of the DRC process, the item will be moved to the next step in the process regardless of applicant attendance. Following the meeting, the Development Review Committee shall issue a written statement of recommendation of approval, including any conditions, or a recommendation of denial.

3.

Once the project has completed the DRC review process, the project may apply for appropriate development permits or proceed to the Planning Commission, Board of Adjustment and/or Board of County Commissioners for review.

4.

If an applicant's request is deemed expired and is required to resubmit, re-submittals shall follow the procedures as set forth for an original submittal.

A.

PURPOSE AND CONSIDERATIONS. The Planning Commission review includes all new development and modification to existing developments requiring decision or recommendation from the Planning Commission during a public hearing process. The Planning Commission shall hold public hearings and make a decision or recommendation to the Board of County Commissioners on applications as outlined herein.

B.

FINDINGS. The Planning Commission, in the review of development plans, shall consider the following factors:

1.

With respect to rezonings, the Planning Commission shall consider:

a.

Whether a proposed zoning change is consistent with the intent and purpose of the Comprehensive Plan;

b.

Whether a proposed zoning change meets or exceeds all performance and locational standards set forth for the proposed zoning category; and

c.

For Planned Developments, consideration shall also be given to the uniqueness of the proposed application and the benefit to the community at large.

2.

With respect to taking final action on Level 3 School Siting Compliance Reviews, the Planning Commission shall consider:

a.

Whether the proposed development is in compliance with all relevant requirements of this Code; and

b.

Whether the proposed development is consistent with all applicable policies of the Comprehensive Plan.

3.

The Planning Commission may consider conditions and safeguards in conformity with the intent and provisions of this Code, including the following:

a.

Limit the manner and extent to which an activity is conducted to minimize environmental effects such as noise, vibration, air pollution, glare, and odor;

b.

Limit the height, size, or location of a building or other structure (including signs) to minimize incompatibilities between a proposed development and surrounding uses;

c.

Designate the size, number, and location of vehicle access points to minimize hazards to vehicular or bicycle/pedestrian traffic and to minimize congestion on public roads;

d.

Prescribe the location of on-site facilities such as parking areas, loading areas, driveways, drive-thru windows, and trash collection areas to minimize adverse impacts on adjacent properties;

e.

Limit the location and intensity of outdoor lighting, including sign lighting, or require its shielding to protect adjacent or nearby property and public roadways from glare;

f.

Require berming, screening, or landscaping to lessen visual and sound impacts which may adversely affect adjacent or nearby property; and

g.

Specify other conditions in conformity with the intent and purpose of this Code and the Comprehensive Plan.

C.

RESULTS. The Planning Commission shall determine whether the application should receive a recommendation of approval, approval with conditions, or denial. Completion of the Planning Commission review will enable the applicant to, make application for a construction or other development permit, or continue the review process to the Board of County Commissioners. Appeals heard by the Planning Commission will be a final decision not subject to further review.

A.

PURPOSE AND CONSIDERATIONS. The Board of Adjustment hears conditional use requests and variance requests for applicants seeking relief from the performance standards of the code, such as but not limited to setbacks, lot dimensions, ground clearance and building/sign heights.

B.

VARIANCE FINDINGS. In reaching its decision, the Board of Adjustment shall determine whether strict application of the code will result in unnecessary hardship. The Board of Adjustment shall find that the following exist:

1.

That there are exceptional or extraordinary conditions or circumstances that are inherent to the property in question and that do not apply generally to the other nearby properties in the same zoning district;

2.

That the exceptional or extraordinary conditions or circumstances are not the result of actions of the applicant taken subsequent to the adoption of this Code (any action taken by an applicant pursuant to lawfully adopted regulations and permitting preceding this Code will not be considered self-created);

3.

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

4.

That the granting of the variance will not be incompatible to the neighborhood or otherwise detrimental to the public interest or welfare;

5.

That the condition or situation of the specific piece of property, or the intended use of said property, for which the variance is sought is not of so general or recurrent nature as to make it more reasonable and practical to amend the Code; and

6.

Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and permitted use of lands, structures, or buildings in other zoning districts, shall not be considered grounds for granting a variance.

C.

VARIANCE FINDINGS FOR FLOOD HAZARD AREA.

1.

Considerations for issuance of a Variance. In reviewing requests for variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, Article 4.3 Flood Damage Prevention of the Land Development Code, and the following:

a.

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

d.

The importance of the services provided by the proposed development to the community;

e.

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

f.

The compatibility of the proposed development with existing and anticipated development;

g.

The relationship of the proposed development to the Comprehensive Plan and floodplain management program for the area;

h.

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

i.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

j.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

2.

Findings for issuance of variances. Variances shall be issued only upon:

a.

Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of this chapter or the required elevation standards;

b.

Determination by the Board of Adjustment that:

i.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

ii.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

iii.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

c.

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and

d.

If the request is for a variance to allow construction of the lowest floor of a new building or substantial improvement of a building below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance specifying the difference between the required elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage) and stating that construction below the required elevation increases risks to life and property.

3.

Florida Building Code. Pursuant to F.S. § 553.73(5), the Board of Adjustment shall hear and decide on request for variances from the strict application of the flood resistant construction requirements of the Florida Building Code.

4.

Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in this Section, the findings for issuance set forth in this Code, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter.

5.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result as evidenced by the applicable analyses and certifications.

6.

Historic buildings. A variance is authorized to be issued for the repair, improvement or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings upon a determination that the proposed repair, improvement or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement and rehabilitation shall be subject to the requirements of the Florida Building Code.

7.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use as defined in this chapter provided the variance meets the floodway restrictions of Section 2.2.5.C.5 of this Code, is the minimum necessary considering the flood hazard and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

D.

CONDITIONAL USE FINDINGS. In reaching its decision, the Board of Adjustment shall find that the following exist:

1.

The proposed use is consistent with the Comprehensive Plan, including but not limited to existing land use patterns and future uses;

2.

The proposed use and Site Development Plan are consistent with applicable sections of the Code;

3.

The proposed use does not adversely affect the health, safety, and welfare of the public; and

4.

When applicable, conditions have been placed on the development being proposed to mitigate potential impacts.

E.

RESULTS. The Board of Adjustment may grant or deny the variance or conditional use, or grant subject to any conditions, restrictions, stipulations or safeguards it may deem necessary to insuring compliance with the intent of this Code and the Comprehensive Plan, and to minimize any injurious effect of the variance or conditional use. Violation of any conditions, restrictions, stipulations or safeguards shall be deemed a violation of this Code.

A.

PURPOSE AND CONSIDERATIONS. The ARB reviews all new and existing entertainment sign requests in the W192 Development Authority corridor. The entertainment sign review will provide flexibility for signage in the corridor based upon the impact on the corridor, rather than a business-specific benefit.

B.

FINDINGS. In reaching its decision, the Architectural Review Board shall make the following findings:

1.

Whether the proposed entertainment sign meets the criteria outlined in Section 3.17.9-C.3;

2.

Whether the proposed entertainment sign enhances the image of the corridor;

3.

Whether the entertainment sign implements the intent of the corridor; and

4.

Whether the entertainment sign promotes the individuality or character of the corridor.

C.

RESULTS. The ARB may grant the request, or grant subject to any conditions, restrictions, stipulations or safeguards it may deem necessary to insuring compliance with the intent of this Code and the Comprehensive Plan. Upon ARB approval, the Owner shall submit an application for a sign permit to the County for final review and approval consistent with ARB approval and applicable regulations. Existing signs may apply to the ARB to be reviewed and approved as entertainment signs. Violation of any conditions, restrictions, stipulations or safeguards shall be deemed a violation of this Code.

A.

PURPOSE AND CONSIDERATIONS. The DRB reviews all development within the NeoCity property for compliance with the latest adopted version of the NeoCity Design Guidelines.

(Ord. No. 2022-125, § 2, 2-20-2023)

No application that is required to hold a public hearing shall proceed through the hearing process until the appropriate department staff has reviewed and has had the opportunity to prepare written comments on the requested action. All staff comments shall be forwarded to the appropriate reviewing body prior to the scheduled public hearing.

Any application that is required to be reviewed by both the Planning Commission and the Board of County Commissioners shall receive a substantive recommendation from the Planning Commission prior to adoption by the Board of County Commissioners. In the event of a tie vote at the Planning Commission, a recommendation of denial shall be submitted to the Board of County Commissioners which indicates a tie vote. As used herein, a motion to continue a matter by the Planning Commission shall not be considered a substantive recommendation.

The Planning Commission or Board of Adjustment shall have the right to refuse to hear testimony which is irrelevant, repetitive, defamatory, or spurious. The Planning Commission or Board of Adjustment may limit the time each individual may speak.

A scheduled, advertised public hearing may be continued by the Planning Commission, Board of Adjustment or by the applicant as described below.

A.

COUNTY INITIATED.

1.

The reviewing body, upon staff request/public request or upon its own initiative may continue a public hearing.

2.

The County initiated hearing shall be continued to a date certain and the reviewing body shall continue its consideration on the matter on that date.

3.

The County shall be limited to two (2) continuances on the same application by each reviewing body.

4.

The County shall bear any re-notification and re-advertising costs incurred.

B.

APPLICANT INITIATED.

1.

The applicant or duly authorized agent shall submit a request to continue in writing to the County Manager, or the applicant or duly authorized agent shall appear before the reviewing body and orally request the continuance.

2.

The reviewing body may either deny or grant the request for continuance.

a.

If the request for continuance is denied, the hearing shall proceed in accordance with the published agenda.

b.

If the request for continuance is approved, the reviewing body shall set a date certain for hearing the application.

c.

Not more than two (2) applicant initiated continuance shall be granted on the same application by each reviewing body reviewing the application.

d.

The applicant shall bear all costs associated with the continuance of the application, including any re-notification or re-advertising costs incurred.

In addition to the advertising requirements set forth in F.S. ch. 125 and ch. 163, and all other applicable statutes and Administrative Code sections, no public hearings, as set forth in this Chapter, shall be held by the Planning Commission, Board of County Commissioners, or Board of Adjustment, until notice of the public hearing has been provided in accordance with the requirements set forth herein.

A.

MAILED NOTIFICATION.

1.

Zoning Map Amendments (including preliminary concept plans and detailed concept plans for planned developments)—For property less than ten (10) contiguous acres, all property owners within three hundred (300) feet of property which is the subject of a proposed zoning map amendment shall receive notification.

2.

Conditional Use and Variance Applications—All property owners within three hundred (300) feet of property which is the subject of a proposed Conditional Use or Variance shall receive notification.

3.

The property owners which qualify for notification will receive by regular mail the required notification. The identification of property owners to be notified shall be based upon the official property assessment rolls of the Osceola County Property Appraisers Office.

B.

POSTING OF SIGNS.

1.

The applicant, or representative of the applicant, shall post a sign, or multiple signs, as provided by the County on property subject to any application that requires a public hearing. The sign(s) shall be posted a minimum of ten (10) days in advance of the hearing and remain in place until the requested action has been heard and decided or withdrawn from consideration by the applicant.

a.

Posted sign(s) shall be placed on the property, in a conspicuous place, at the principal access to the property. Sign(s) shall not be placed within road rights of way, unless no practical alternative exists.

b.

Sign(s) shall be maintained in good, readable condition by the applicant.

c.

Sign(s) shall be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement.

d.

If any sign is destroyed, lost or becomes unreadable, the applicant or applicant's representative shall obtain a replacement sign from the County and repost the replacement sign in accordance with the requirements herein.

e.

All signs posted in accordance with these requirements shall be removed from the property and disposed of by the applicant or applicant's representative not later than twenty-four (24) hours following the final decision by the Board of County Commissioners, Planning Commission or the Board of Adjustment.

2.

Where large parcels (>100 acres) are involved with street frontage extending over considerable distances, the County may require additional signs to be posted.

3.

When a parcel abuts more than one (1) street, notices shall be posted along each street.

4.

When a subject parcel does not front a public road, the sign shall be posted at the point on a public road by which the property is, or can be, reached.

5.

The action taken by the Planning Commission, Board of Adjustment or the Board of County Commissioners shall not be invalid in the event the sign is not properly or timely placed. The posting is considered a required courtesy to the community and is not to be considered a legal notification.

A.

The purpose of a Community Meeting is to ensure early citizen participation in an informal forum in conjunction with development applications, and to provide an applicant the opportunity to understand and mitigate any impacts an application may have on an affected community. A community meeting is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision making. The requirement of a community meeting will be determined at the DRC for all applicants seeking approval of an item that requires a public hearing. The inclusion of a community meeting should not impede the progress of an application through the process. The requirement for the community meeting may be waived by the County Manager if such a meeting is deemed unnecessary. If the meeting is deemed necessary, it shall be held prior to an initial public hearing.

B.

Public notice of a Community Meeting shall be provided as indicated below.

1.

An applicant holding a community meeting shall coordinate with the County prior to scheduling.

2.

The County will provide notification by mail according to the guidelines herein.

3.

The meeting shall start between 5:30 p.m. and 8:00 p.m. on a weekday or between 9:00 a.m. and 5:00 p.m. on a weekend. The initial meeting shall be held within the general area of the subject property. Additional meetings may be held but are not required. The applicant shall present the proposed application and the County shall be in attendance to facilitate the meeting. Lack of County attendance shall not necessitate an additional Community Meeting.

An affected party shall be determined in accordance with the law.

A.

The introduction of the case shall be presented by staff and include a brief description of the matter.

B.

Ex parte communications shall be disclosed before or during the public meeting at which a vote is taken on the matter, and shall be made a part of the record before final action on the matter. The reviewing body members shall disclose:

1.

The subject of the communication and the identity of the person, group or entity with whom the communication took place.

2.

Written communication from any person, group or entity, which may be read into the record.

3.

Any investigation, site visit, or expert opinion conducted or received by a reviewing body member.

C.

All parties may be collectively sworn by the reviewing body in the interest of time.

D.

Evidence before the reviewing body shall include and not be limited to, any reports prepared by staff, an analysis which includes the consistency with the County's adopted codes, rules, policies, plans, as applicable, and how the matter does or does not meet the requirements of such codes, rules, policies, plans, and other applicable laws. Written reports and any other documentary evidence shall become part of the record. Evidence may be presented through oral testimony witnesses, documentary evidence or both.

E.

The reviewing body may call any witness it deems necessary to reach a complete and informed decision.

F.

Examination of witnesses shall be conducted under oath by direct examination on matters which are relevant and material to the issue or issues before the reviewing body. After the conclusion of direct examination, the witness may be cross-examined by another party, an affected party or a reviewing body member. The witness shall answer the question unless the reviewing body chair deems the question to be irrelevant or immaterial. Inquiry under cross-examination shall be limited to matters raised in the direct examination of the witness. No re-direct shall be allowed unless requested by a party stating the desired areas of inquiry and the request is approved by the chair. If re-direct is allowed, it shall be limited to questions of the witness and issues raised in the cross-examination. This provision shall not limit a reviewing body member from questioning any person on any relevant matter. During the presentation by the opponents or proponents of an issue before the reviewing body, no one may present testimony or evidence which is unduly cumulative or repetitious of previous testimony or evidence by a fellow opponent or proponent.

G.

After the quasi-judicial hearing is completed, those members of the public who were not a party to the quasi-judicial hearing may be permitted to speak and present their evidence and testimony to the reviewing body.

The reviewing body shall then allow rebuttal if necessary and further deliberate a motion, and reach a decision by voting on the motion. In reaching its decision, the reviewing body may only consider evidence presented at the hearing and base its decision on the competent, substantial evidence of record.

The scope of a final action is limited to approval, approval with conditions, or denial of the submittal, or any specific element thereof.

A final action is effective for a specific application and plan for which the review was completed. A final action shall expire if a final development order has not been issued within two (2) years of the date of the decision.

The County shall implement a procedure for periodic inspection of development work in progress to ensure compliance with the development approval.

Minor deviations may be approved by the County Manager, or designee, and documented through the administrative waiver process. Minor Deviations may include but are not limited to the following:

A.

Any minor adjustment in engineering or construction details which in no way affects the approved use or function of the development, or its surrounding uses.

B.

Changes to materials such as but not limited to pipe composite, plant species, roadway or parking lot base, and sprinkler head emitter, which still meet the standards set forth in this Code.

C.

Changes in stormwater systems provided overall system is in compliance and functionality is not affected.

D.

Deviations in intersection or sidewalk alignment.

E.

Reduction in the number of lots, provided compliance with the Comprehensive Plan is maintained.

F.

Any minor adjustment in internal road alignment, either horizontal or vertical, which does not affect the function of the development and does not violate any other agency regulations.

G.

The requested change supports a pedestrian-oriented, mixed-use community.

H.

The requested change supports the County's desire for a balanced mix of uses, as presented in an adopted Conceptual Master Plan's build out scenario.

I.

The requested change will not interfere with adjacent or neighboring property owners' ability to qualify for consistency with a Conceptual Master Plan.

J.

Minor Amendments to the Planned Development.

Minor amendments to an approved PD shall be documented on a Master Use Plan/Narrative and approved by the Development Review Committee. In addition to the Minor Deviation criteria listed above, Minor PD amendments may include but are not limited to:

1.

Adjustments in internal land use boundaries;

2.

Adjustments in buildings provided product types remain as approved;

3.

A change of less than fifteen (15) percent that would result in a decrease or increase of the building height;

4.

Substitution of components within the landscape palette for public realm;

5.

Transfer of entitlements between parcels, unless on the perimeter of the project, and change may affect neighboring properties;

6.

Adjustments in sidewalk alignment, internal roadway systems, driveway access and additions of bicycle or pedestrian connections, unless the internal roadways are part of the County's framework system;

7.

Reconfiguration and/or relocation of stormwater management facilities;

8.

Adjustment as a result of permitting agencies requirements;

9.

Time table extensions of one (1) year or less for a specific phase of development.

If the change in plans does not meet the criteria listed above or the department interprets a Minor Deviation request to be a Major Deviation, the applicant shall submit a revised Site Development Plan for review by the County. It shall be the applicant's responsibility to provide as-built plans to document the changes to the approved plan, and a Certificate of Occupancy, Building Permit or Certificate of Completion as applicable, shall not be granted until as-built plans are submitted.

(Ord. No. 2025-10, § 3, 3-17-2025)

Major deviations require the applicant to resubmit as a new application along with associated fees. It shall be considered a Major Deviation if the change is not found to be minor or if it adds land or adds new uses, or if it changes development standards or access on the perimeter of the property. The applicant shall submit a revised Site Development Plan for review by the County. It shall be the applicant's responsibility to provide as-built plans to document the changes to the approved plan, and a Certificate of Occupancy or Certificate of Completion shall not be granted until as-built plans are submitted. In addition, the County Manager may:

A.

Issue a stop work order and refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the County determines that work or occupancy may proceed pursuant to its decision; or

B.

Refer the matter to Code Enforcement, if it appears that the applicant has committed violations of the Code.

C.

Major Amendments to a Planned Development.

Major amendments are all amendments that are not considered to be Minor. Major amendments are required to proceed through the review process as if they were a new application. Major amendments may include but are not limited to:

1.

Uses not previously permitted under the approved Master Use Plan;

2.

Proposed use change adjacent to a PD perimeter boundary, or an amendment to the external boundary of the PD;

3.

Flexible standards not previously identified in the adopted Master Use Plan and or PD;

4.

A change that would amend a Condition of Approval;

5.

A change in an exterior access point that may affect an adjacent property owner and that was not deemed minor;

6.

A change that would result in a decrease/increase in the respective minimum/maximum unit count/square feet over fifteen (15) percent of that identified in the Master Use Plan/Narrative.

(Ord. No. 2025-10, § 3, 3-17-2025)

After a development decision, approval, or permit has been revoked, development activity shall not proceed on the site until a new permit is granted. A new application shall be submitted in accordance with procedures for initial submittal.

All required site improvements shall be maintained by the property owner consistent with approved plans and requirements of this Code.

All required landscaping, whether preserved or newly planted, must demonstrate health and viability, and any required irrigation shall be installed to ensure the health and viability of the landscaping, consistent with approved plans, upon issuance of the certificate of occupancy/completion. Thereafter, all required landscaping and irrigation shall be maintained consistent with approved plans and requirements of this Code. The County may perform inspections of the landscaping and irrigation after issuance of the certificate of occupancy/completion for compliance. If the landscaping and/or irrigation is not in compliance, notice shall be given to the property owner, and the property owner shall be responsible for restoring the landscaping and/or irrigation within a time period acceptable to the County.

A.

The property owner, association or other entity acceptable to Osceola County shall be responsible for the maintenance of all landscape areas in accordance with the approved landscape or planting plans.

B.

Trees must be pruned as they gain appropriate maturity so as not to interfere with pedestrian or truck travel and to maintain visibility. Limbs must be a minimum seven (7) feet clear over the sidewalk and fourteen (14) feet clear over the travel lane. Excessive pruning of trees into round balls or crown or branches, which results in an unnecessary reduction of shade, shall be prohibited. All pruning shall be done following the American National Standard for Tree Care Operations "Tree, Shrub and Other Woody Plant Maintenance-Standard Practices." Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the County Manager.

The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of Article 4.3 herein. Any person aggrieved by the decision of the Planning Commission may appeal such decision to the Circuit Court, as provided by Florida Statutes.

In addition, unless otherwise specified in the Code, any person with legal standing who wishes to challenge any final administrative decision shall file a written petition for consideration by the Planning Commission, and submit the appropriate fee, to the County within thirty (30) calendar days from the date of final decision. A person who fails to file a written petition for hearing within thirty (30) calendar days waives the right to request consideration on such matters.

A.

CONTENTS OF PETITION. The petition submitted to the County shall include a statement of the particular bases for the challenge, the specific Comprehensive Plan or Code provisions alleged to be applied in error, and the result which would occur if the provisions were applied as desired. Upon receipt by the County of a timely petition for consideration, the matter shall be promptly placed on the next available Planning Commission meeting agenda for a determination.

B.

BURDEN OF PROOF. A person challenging a final decision shall have the burden of demonstrating that the decision is inconsistent with the Osceola County Comprehensive Plan or this Code, that the decision making body exceeded its authority, or that the decision is plainly erroneous or unreasonable. The decision making body's result shall be entitled to a presumption of correctness. The Planning Commission's decision on appeal is final.

Any person with legal standing who wishes to challenge any final Planning Commission decision shall file a written petition for consideration by the Board of County Commissioners, and submit the appropriate fee, to the County within thirty (30) calendar days from the date of the final decision. A person who fails to file a written petition for hearing within thirty (30) days waives the right to request consideration on such matters.

A.

CONTENTS OF PETITION. The petition submitted to the County shall include a statement of the particular bases for the challenge, the specific Comprehensive Plan or Code provisions alleged to be applied in error, and the result which would occur if the provisions were applied as desired. Upon receipt by the County of a timely petition for consideration, the matter shall be promptly placed on the next available Board of County Commission meeting agenda for a determination.

B.

BURDEN OF PROOF. A person challenging a final decision shall have the burden of demonstrating that the decision is inconsistent with the Osceola County Comprehensive Plan or this Code, that the decision making body exceeded its authority, or that the decision is plainly erroneous or unreasonable. The decision making body's result shall be entitled to a presumption of correctness. The Board of County Commissioner's decision on appeal is final.

A.

The purpose of the Concurrency Management System is to ensure that necessary public facilities and services are available concurrent with the impacts of development; to ensure that development orders and permits are issued in a manner which will not result in a reduction of the level of service below the adopted levels in the Osceola Comprehensive Plan; to adhere to and implement the schedule of capital improvements in the Osceola Comprehensive Plan and other capital improvements as necessary to maintain the level of service standards in the Comprehensive Plan; ensuring that property owners have a reasonable, beneficial, and economic use of property; and to serve the long term interests of the citizens of Osceola County by monitoring the capacity of public facilities and services.

B.

The County Manager shall be responsible for carrying out the duties and responsibilities as described herein and shall make determinations regarding public facilities, to include but are not limited to, potable water, sewer, solid waste, parks and certificates of concurrency or exemptions according to the procedures set forth. The determinations and interpretations of the provisions of this Chapter made by the County may be appealed in conformance with the procedures set forth herein as for an appeal of an administrative determination.

C.

Concurrency management review shall take place for all proposed preliminary and final development orders.

Level of Service (LOS) standards for public facilities is an indicator of the quantity and quality of service provided by a public facility based on type and operational characteristics. These standards shall be used to determine if the public facilities are adequate to support the demands generated by new development. The applicable level of service standards are defined in the Osceola County Comprehensive Plan.

D.

Development which does not result in a net increase of density or intensity and does not create additional impact on applicable public facilities, as determined by the County Manager is exempt from concurrency system review.

A.

All development applications must include a request for either a Concurrency exemption and/or a Concurrency evaluation, with supporting documentation. Any change, redevelopment or modification of an existing residential use or a change of a non-residential use to a residential use which is not exempt from the requirements contained herein shall require a capacity evaluation in accordance with the provisions provided. The evaluation for a development proposal which includes a change of use will consider if there is an increased or decreased impact on public facilities.

1.

For exemptions, the applicant shall provide documentation that demonstrates how the project meets the standards for the specific exemptions claimed pursuant to the standards outlined.

2.

For Concurrency evaluations, the applicant shall submit documentation that demonstrates the impact on all mandatory public facilities.

B.

A completed application for a Concurrency exemption or evaluation shall be submitted simultaneously with a development application and applicable fees in a form approved by the County Manager.

A.

As outlined herein, the DRC shall compare the information submitted in the application to the County standards for a Concurrency exemption or evaluation as appropriate. If the application is consistent with all applicable requirements, the DRC shall recommend approval, or approval with conditions. If the application is inconsistent with the requirements or fails to demonstrate consistency, the DRC shall specifically indicate this failure and recommend denial for that portion of the project that fails.

B.

If the finding of the reviewing Department is for a partial or total denial of the application based on partially or totally insufficient available capacity, the applicant may propose any one (1) of the following mechanisms to resolve the lack of available capacity for this project:

1.

Withdraw the project and wait for sufficient capacity to become available through continued implementation of the Capital Improvements Element (CIE) and the Capital Improvements Plan (CIP). Should the applicant choose this option, the County will refund all application fees less two (2) percent for administrative costs.

2.

Reduce the density and/or intensity of the proposed development to accommodate the available capacity of the public facilities at the adopted level of service standards. Such reduction may be in the form of a discrete geographical phase(s) or an overall reduction of density and/or intensity.

3.

Request to expedite an improvement listed in the Capital Improvement Element of the Comprehensive Plan with a concurrent binding development agreement and financial security acceptable to the County based on one hundred (100) percent of the impacts of that total development (not discrete phases) on the public facilities.

4.

Request a Comprehensive Plan Amendment adding an improvement to the Capital Improvement Element of the Comprehensive Plan with a concurrent development agreement and financial security acceptable to the County based on one hundred (100) percent of the impacts that total development (not discrete phases) on the public facilities.

5.

Fund and/or construct one hundred (100) percent of the necessary improvement.

6.

Submit an alternate study by a registered Professional Engineer (PE) rebutting data.

A.

FINAL DEVELOPMENT ORDERS. Except where specific terms of the development order state otherwise all valid final development orders approved prior to the effective date of this Article shall be deemed to be approved final development orders. Capacity will be reserved for a period to coincide with the applicable development order.

B.

EFFECT OF CONCURRENCY EXEMPTION. An exemption serves as a statement that the development subject to the exemption is excused from the terms of this Article as long as the conditions of the development approval are maintained. An exemption does not have the effect of exempting the development from the payment of impact fees at building permit issuance or from the test of Concurrency in the event the terms of the development order are violated.

C.

ASSIGNABILITY AND TRANSFERABILITY. An exemption is specific to the development order and is assignable or transferable to the extent the development order or portions thereof, is assignable or transferable. Maintenance of a valid development order is essential to the maintenance of a valid exemption. An exemption shall run with the land, consistent with the development order on which it is based.

All non-exempt preliminary and final development orders must comply with applicable standards for Concurrency as set forth in Florida Statutes and the Florida Administrative Code. The County will make specific findings for each public facility with reference to substantial competent evidence from the reviewing department or appropriate service provider. The public facilities are: Potable Water, Sewer, Drainage, Solid Waste and Parks.

Following a positive Concurrency evaluation for a development order, the County shall reserve capacity for all mandatory County maintained public facilities concurrent with the approval of the final development order. If the development for which reservation of capacity is requested will not be completed within five (5) years, a development agreement must be entered into.

A.

An applicant for a preliminary development order may elect to reserve capacity for all mandatory public facilities concurrent with the approval of the preliminary development order. The intent to reserve capacity must be submitted to the Planning Department in writing seven (7) days prior to the Planning Commission's public hearing. The applicant may, at his/her option, request reservation of public facility capacity for only a discrete phase of the preliminary development order. In order to reserve capacity for a preliminary development order or discrete phase thereof, the applicant shall:

1.

Pay a reservation fee within thirty (30) days after approval of the preliminary development order by the authorized agency. The approval of the development order is conditioned on payment of the fees in full within the time specified. There shall be no extension of time to submit the required fees. The effect of non-payment of the fees is the expiration of capacity reservation.

2.

Submit no later than seven (7) days prior to the Planning Commission hearing, a letter of availability from the appropriate utility service provider for the reserving development concurrent with the approval of the preliminary development order or discrete phase reserving capacity. The effect of failure to submit the letter of availability is that the development order shall not be approved.

3.

Agree to a binding timetable of development for the project which shows development activity in each year following the anniversary date of the approval. The timetable of development must include dates for individual or phased site development plan completion and/or subdivision recordation and infrastructure completion. If the development for which reservation of capacity is requested will not be completed within five (5) years, a development agreement must be entered into.

4.

Should more than one (1) project submit a letter of intent to reserve the same capacity, the first letter received will be awarded the interim reservation. If the project submitting the first letter fails to comply with the criteria listed below, the interim capacity reservation shall expire and be awarded to the project whose letter was submitted immediately subsequent to the first letter. The second project shall have a maximum of fourteen (14) days following the expiration of the first project's interim capacity reservation to submit to the County the capacity reservation fee.

B.

To maintain a valid reservation of capacity, preliminary development orders must comply with the terms and conditions of capacity reservation set forth herein.

A.

TERMS. To maintain a valid reservation of capacity, a preliminary or final development order must observe and strictly comply with all the terms and conditions of a development order, including maintenance of valid utility agreements and compliance with the timetable of development.

1.

Timetable of Development. The reservation of capacity shall remain valid provided the timetable for the development order, including initiation, phase approval and completion dates, are maintained.

2.

Maintenance of Valid Utility Agreements. Reservation of capacity for final development orders shall remain valid provided a development maintains valid water and wastewater approvals with the applicable utility provider.

B.

EFFECT. A reservation of capacity with conditions, pursuant to the terms of this article is a good faith commitment by the County to provide mandatory public facilities sufficient to service the proposed development concurrent with the impacts of development; however, when the development approval and reservation are conditioned on the completion of an improvement under construction, or under contract, or in the current budget or otherwise in the Capital Improvement Element, and the commitment is not reflected in a binding executed development agreement, the County's commitment is to proceed in good faith, pursuant to a reasonable timetable. The County's commitment does not include a specific timetable for the completion of the improvement to facilitate building permits or construction of the development. The condition operates to meet the Concurrency requirement by suspending the final stages of development until the public facilities are available. When the County's commitment is reflected in a binding executed development agreement, the County is bound to provide facilities pursuant to the terms of the agreement including a specific timetable and the County can only be excused from compliance in accordance with the terms of the development agreement.

C.

SUSPENSION/REVOCATION/AMENDMENT. Failure to comply with a development order Concurrency timetable shall have the effect of automatically terminating the reservation of capacity of the development order or affected phase. The capacity previously reserved for the development will be returned to the County database after sixty (60) days. The owner of the terminated capacity has no greater rights to the capacity lost by his/her failure to comply with the timetable of development than any other applicant for a development order, unless applicant reclaims the capacity as described herein. Should a development order become null and void due to a violation of development order conditions or a violation of non-Concurrency periods of approval, the capacity previously reserved by the County will be returned to the County database immediately after the development order becomes null and void.

The purpose of this Section is to implement the Osceola County Comprehensive Plan by establishing an incentive-based Transfer of Development Rights (TDR) Program that contributes towards the following objectives:

A.

Protect and conserve agricultural lands and promote agricultural viability;

B.

Reduce or eliminate non-compatible uses proximate to Military Operations Area/Military Blast Zone (MOA/MBZ) areas;

C.

Preserve the County's historic and cultural heritage.

To achieve these objectives, the Osceola County TDR Program provides rural property owners outside the UGB, the opportunity to sell development rights associated with their land ("TDR Credits") to other property owners desiring to increase or decrease development rights on applicable lands within the UGB of unincorporated Osceola County.

A.

Property owners within designated Sending Areas are not compelled by this Section to convey TDR credits from their property. If conveyances or transfers do occur, they shall be accomplished on a voluntary basis, between willing buyers and sellers working in accordance with rules and procedures outlined in this Section. Eligible property owners within the UGB are not compelled by this Section to purchase TDR Credits as a condition for developing their property consistent with the designated land use classification.

B.

The monetary value of TDR credits shall be determined between the seller and buyer. The County may assess additional administrative fees by resolution to implement the provisions of this Section.

A.

TDR SENDING AREAS. For purposes of this Section, only properties that have not been perpetually preserved by an easement or deed to the U.S. government, State of Florida, or Water Management District, or other governmental entity or which have otherwise extinguished their development rights and which fall within one (1) of the three (3) categories listed below shall be considered eligible "Sending Areas." Sending Areas fall under the following categories with the goal of meeting the purpose and intent as identified in this Section.

1.

Agricultural Lands. All properties, located outside the UGB with a Rural/Agriculture Future Land Use designation, as shown on the Comprehensive Plan's Future Land Use Map series shall hereafter be referred to as "Rural Sending Areas."

2.

Military Installation Lands. Property located within an established MOA or MBZ Area, as designated in the Future Land Use Map series of the Comprehensive Plan, which restricts or recommends restriction of uses to ensure compatibility with a Military installation shall be considered an eligible Sending Area and shall hereafter be called "Military Influence (MI) Sending Area."

3.

Historic or Cultural Resource Lands. Property which is in unincorporated Osceola County and designated on the National Register of Historic Places or by the Comprehensive Plan, local ordinance, or resolution as a significant cultural or historic property, shall be considered an eligible Sending Area and shall hereafter be called "Historic/Cultural Sending Area."

B.

TDR SENDING SITE. A TDR Sending Site is defined as any parcel, parcels, lots or other specifically described area of land of fifty (50) acres or greater within any property situated within a Sending Area from which TDR credits are to be transferred, are referred to herein as a "TDR Sending Site."

A.

TDR RECEIVING AREA. TDR Receiving Area is an area of land within the UGB designated for urban development by the Comprehensive Plan's Future Land Use Map series excluding lands designated as rural enclaves and with access to existing or planned public infrastructure and services shall hereafter be referred to as an eligible "TDR Receiving Area."

B.

TDR Receiving Areas not in the unincorporated urban infill/expansion area of Osceola County may also serve as additional receiving areas. They may be established within municipalities or adjacent counties through Interlocal agreements. Such agreements shall address TDR credit transfer and/or purchase procedures, including the required rate of transfer.

C.

TDR Receiving Site. A TDR Receiving Site is defined as any parcel, parcels, or lots located within the TDR Receiving Area; whereby TDR credits are proposed to be transferred to, from a TDR Sending Site to increase or decrease the available residential density as calculated across the development parcels. Parcels on which no development entitlements exist may not establish such through the transfer of TDR Credits from a TDR Sending Site.

For TDR Sending Sites, TDR credits shall be calculated by taking the total acreage and subtracting any portions of the property considered sovereign water bodies or wetlands, and any portions of the property within a floodway, as determined by the County Manager, thereby deriving the "developable land." The determination of developable land shall be made by the applicant using available aerial photography and soil delineations. If the applicant disputes any calculations of the County, a formal wetland determination by the applicable regulatory agency outlining the applicable areas and certifying land area may be submitted to the County for the property under review. The County Manager shall review the formal wetland determination and make a final determination which shall be communicated to the applicant. Specific credit calculations shall be determined based on the generation factors located within the TDR Siting Standards herein.

A.

Upon written request by a property owner(s), the County shall conduct a preliminary review to confirm eligibility of the TDR Sending Site and availability of TDR credits. After review, a certificate of available TDR sending credits shall be provided to the owner(s).

B.

A TDR Receiving Site property owner(s) or authorized developer shall submit a copy of the applicable TDR certificate and an executed TDR Agreement between the TDR Sending Site owner(s) and the TDR Receiving Site owner(s). The application of TDR credits to a TDR Receiving Site shall be considered for approval by the County.

C.

Upon approval by the County and after the agreement has been recorded, the TDR Agreement extinguishes development rights for the affected TDR Sending Site, except that it shall not preclude or interfere with the property owner's ability to use the TDR Sending Site for bona fide agricultural purposes, open space, passive recreation, or conservation uses.

D.

TDR credits shall not become effective and no permits to develop shall be issued for the TDR Receiving Site until:

1.

All required conditions of approval have been satisfied, including, at a minimum, the recording of the severance of development rights on the TDR Sending Site in the Public Records of Osceola County;

2.

All required fees have been paid by the seller and receiver.

The County shall establish all administrative tracking procedures for accurately processing and assessing the existing supply of TDR credits in the County.