Oviedo City Zoning Code

(A)

Establishment. The City Manager shall act as the Land Use Administrator. However, the City Manager may assign such duties, in writing, to a City staff person, or the City Council by agreement with the City Council.

(B)

Powers and Duties.

(1)

The Land Use Administrator, or designee, shall review and act upon, or refer to the City staff, a hearing officer or the City Council, the following applications. The Land Use Administrator, or designee, shall execute the Development Orders/Permits associated with the following applications.

(a)

Development orders, building permits, and development permits, including amendments, that meet the minimum LDC requirements.

(b)

Development orders, building permits, and development permits, including amendments, that require a deviation of twenty (20) percent or less of a minimum LDC requirement and any amendments or modifications.

(c)

Redevelopment orders that require a deviation of thirty (30) percent or less of a minimum LDC requirement and any amendments or modifications.

(d)

Non-statutory subdivision plan applications, including amendments, that meet all code criteria.

(e)

Special event permits.

(2)

The Land Use Administrator, or designee, is authorized to interpret the permissible, prohibited, and special exception land uses listed in each zoning district. A written request from the property owner or authorized agent for an interpretation shall be submitted to the Land Use Administrator together with the required fee. The request shall contain sufficient information to enable the Land Use Administrator to make the necessary interpretation. If necessary, the Land Use Administrator may refer the interpretation to the City Attorney, City Council or a hearing officer for review and action.

(3)

The Land Use Administrator, or designee, is authorized to interpret the zoning map and to act upon disputed questions of district boundary lines and similar questions. An application for an interpretation shall be submitted by the property owner or authorized agent to the Land Use Administrator together with the required fee. The application shall contain sufficient information to enable the Land Use Administrator to make the necessary interpretation. If necessary, the Land Use Administrator may refer the interpretation to the City Attorney, City Council or a hearing officer for review and action. Where uncertainty exists as to the boundaries of the districts as shown on the official zoning map, the following guidelines shall apply:

(a)

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines.

(b)

Boundaries indicated as approximately following lot lines, City limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

(c)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of changes in the shoreline shall be construed as following such changes.

(d)

Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map.

(e)

Where any street or alley is hereafter vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(4)

The Land Use Administrator, or designee, is authorized to establish administrative rules for the application and implementation of this LDC.

(5)

The Land Use Administrator, or designee, may also, in his or her sound discretion, refer any matter to the City Council for action, as he or she may deem advisable, with regard to any particular development proposal, issue or application and the City Council shall apply the provisions of this LDC to the proposal or application.

The City Attorney shall provide legal advice and guidance relative to the application and interpretation as well as the administration of this LDC. The City Attorney shall ensure that the legal parameters of the land development regulations of the City are reviewed in a timely manner consistent with legal developments and changes in the law and propose such amendments as are deemed advisable and necessary from time-to-time as well as work with the Code Codifier under the provisions of Section 1-14 of the City Code of Ordinances.

(A)

Establishment. There is hereby established a hearing officer system which may be used for the enforcement of the provisions of this LDC consistent with the provisions of Section 2-91 of the City Code of Ordinances; provided, however, that Subsection (f) of that Section shall not be applicable.

(B)

Powers and Duties.

(1)

When assigned a matter, the Hearing Officer shall:

(a)

Review, act, and/or make a recommendation on any application or interpretation referred by the Land Use Administrator or the City Council.

(A)

Establishment. There is hereby established a City of Oviedo Local Planning Agency (LPA). The LPA shall be the body required pursuant to F.S. § 163.3174.

(B)

Appointment and Terms.

(1)

The LPA shall have no less than seven (7) members appointed by the City Council. Members shall serve staggered terms. Of the first seven (7) appointed to the board at the effective date of these regulations, two (2) shall be appointed for one (1) year, three (3) shall be appointed for two (2) years, and two (2) shall be appointed for three (3) years. Thereafter, members shall serve three (3) year terms. Members shall be Oviedo City residents. Members will continue to serve until their successors have been appointed. Members may be appointed to an unlimited number of terms.

(2)

Vacancies. Appointments to fill any vacancy shall be for the remainder of the unexpired term of office. Staff shall report vacancies in office to the City Council.

(3)

Absences. Staff shall notify the City Council of any member's failure to attend two (2) of three (3) consecutive meetings.

(C)

Officers, Rules of Procedure.

(1)

The LPA shall elect a Chairperson and a Vice Chairperson from among its members at the first meeting of each calendar year.

(2)

All meetings of the LPA shall be public and shall, when required by controlling law, be subject to the requirements relating to quasi-judicial proceedings.

(D)

Powers and Duties.

(1)

The LPA shall:

(a)

Be responsible for the preparation of the Comprehensive Plan for the City and any amendments thereto.

(b)

Make recommendations to the City Council regarding adoption of or amendments to the Comprehensive Plan, or element or portion thereof.

(c)

Monitor and oversee the effectiveness and status of the Comprehensive Plan and recommend to the City Council such changes as may from time to time be required, including preparation of the periodic reports.

(d)

Review proposed land development regulations, codes, or amendments thereto and make recommendations to the City Council.

(e)

Review and act upon building permit, tree restoration plans, and minor preliminary subdivision plan applications, including amendments, that require a deviation greater than twenty (20) percent of a minimum LDC requirement.

(f)

Review and make recommendations to the City Council regarding applications for special exception use orders, planned unit developments, development agreements, official zoning map amendments, master land use plans, preliminary subdivision plans, developments of regional impact and any amendments to the development approvals listed herein.

(g)

Perform any other duties assigned by the City Council.

(2)

The LPA may:

(a)

Initiate amendments to the Comprehensive Plan.

(b)

Initiate amendments to this LDC.

(c)

Request the City Council to initiate investigation of such matters and to prepare such reports, ordinances, amendments, or other documents that the LPA may find necessary or helpful in exercising the powers granted to the LPA by this LDC.

(E)

Public Hearings. The LPA shall conduct a public hearing prior to acting upon the following:

(1)

Recommendation regarding adoption of, or amendments to, the Comprehensive Plan (legislative);

(2)

Recommendation regarding adoption of, or amendments to, this LDC (legislative);

(3)

Recommendation regarding amendments to the official zoning map (generally quasi-judicial);

(4)

Recommendations regarding developments of regional impact (quasi-judicial);

(5)

Recommendations regarding planned unit developments (quasi-judicial);

(6)

Recommendations regarding statutory development agreements (quasi-judicial);

(7)

Recommendations regarding special exception use orders (quasi-judicial); or

(8)

Any other matter that may be required by controlling law.

(A)

Powers and Duties. The City Council shall have final approval authority over the following except as otherwise provided in this LDC:

(1)

Adoption of, or amendments to, the Comprehensive Plan;

(2)

Adoption of, or amendments to, this LDC;

(3)

Amendments to the official zoning map;

(4)

Annexation petitions;

(5)

Appeals from a decision of a hearing officer, the LPA, and the Land Use Administrator;

(6)

Developments of regional impact;

(7)

Development agreements;

(8)

Final plats, replats;

(9)

Planned unit developments;

(10)

Preliminary subdivision plans;

(11)

Master land use plans;

(12)

Development orders, and development permits, excluding building permits, including amendments, that require a deviation greater than twenty (20) percent of a minimum LDC requirement;

(13)

Vested rights determination;

(14)

Development orders and development permits (City projects), including amendments, that require a deviation of greater than twenty (20) percent of a minimum LDC requirement;

(15)

Redevelopment orders that require a deviation of greater than thirty (30) percent of a minimum LDC requirement;

(16)

Special exception use orders;

(17)

Any matter accepted by referral from the Land Use Administrator; or

(18)

Any other act required by State law or the City Charter.

(B)

Public Hearings. The City Council shall conduct a public hearing, as required by controlling law, prior to acting upon the following:

(1)

Adoption of, or amendments to, the Comprehensive Plan;

(2)

Adoption of, or amendments to, this LDC;

(3)

Amendments to the official zoning map;

(4)

Annexation petitions;

(5)

Developments of regional impact;

(6)

Planned unit developments;

(7)

Statutory development agreements; and

(8)

Special exception use orders.

(A)

Appeals to the City Council.

(1)

An appeal of any final order or decision of the Land Use Administrator, LPA or a Hearing Officer, shall be taken to the City Council by any person aggrieved. The decision of the City Council shall be final, unless otherwise appealed to the courts. Appeals to the City Council shall be de novo.

(2)

A written notice of appeal shall be filed with the City Clerk and specifically state the reason for the appeal. A notice of appeal shall be considered filed when delivered to the City Clerk, and the date and time of filing shall be entered on the notice. An appeal shall be filed within thirty (30) days of the final order or decision appealed from.

(3)

The City Council may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the City Council shall have all the powers of the Land Use Administrator, LPA or a hearing officer.

(B)

Administrator to Provide Related Documents. Whenever an appeal is filed, the Land Use Administrator shall forthwith transmit all of the information constituting the record relating to the action appealed from to the hearing officer, Land Use Administrator, LPA, City Council or a court to whom the appeal is made.

(C)

An order, requirement, decision, or determination is not final until all appeals of the order, requirement, decision, or determination have been decided within the City's appellate processes if a timely appeal has been filed. Upon a final City decision occurring, the matter shall be final unless appealed to the courts; provided, however, that the appeal of an approved application for an order or relating or pertaining to a requirement, decision, or determination to the courts shall not stay the effect of the approval unless a court order so determines.

(A)

It is recognized that because of the individual characteristics of any given development, flexibility in the application of minimum requirements may be warranted for quantifiable standards of this LDC. The approving authority may, therefore, grant deviations from the minimum requirements of this LDC whenever it finds such deviations will fulfill the intent of this LDC. If an application requests multiple deviations, each deviation shall be evaluated independently. Any deviations from the minimum requirements of this LDC shall be specified and justified by the applicant and mitigation shall be required by the approval authority, except as provided in this LDC.

(B)

Approval Authority.

(1)

City Development Projects.

(a)

The Land Use Administrator is authorized to approve a deviation of twenty (20) percent or less of a minimum LDC requirement.

(b)

The City Council is authorized to approve a deviation greater than twenty (20) percent of a minimum LDC requirement.

(2)

All Other Development Projects.

(a)

The Land Use Administrator is authorized to approve a deviation of twenty (20) percent or less of a minimum LDC requirement.

(b)

The LPA is authorized to approve a deviation greater than twenty (20) percent of a minimum LDC requirement associated with a building permit, minor preliminary subdivision plan, and tree restoration plan.

(c)

The City Council is authorized to approve a deviation greater than twenty (20) percent of a minimum LDC requirement for development orders and development permits per Table 2.7.1.

TABLE 2.7.1: SUMMARY OF APPROVAL AUTHORITY FOR DEVIATIONS

Notes:

CC: City Council

LUA: Land Use Administrator

LPA: Local Planning Agency

(3)

Properties Subject to Eminent Domain Process. The Land Use Administrator, or designee, is authorized to review and act upon, or refer to the City Council, an application for a deviation of a minimum LDC requirement for properties that have been subjected to an eminent domain process to allow the continued use of the property in a manner similar to its pre-eminent domain condition pursuant to Section 2.11, eminent domain.

(C)

Criteria of Approval. A deviation may be granted by the approving authority if it finds, based upon substantial competent evidence submitted by the applicant, that strict application of a minimum LDC requirement is not warranted and granting a deviation will fulfill the intent of this LDC. The approving authority shall evaluate the following to determine if the applicant has submitted substantial competent evidence justifying a request for a deviation to a minimum LDC requirement and if granting the proposed deviation will fulfill the intent of this LDC:

(1)

Existence of Special Conditions. That special conditions or circumstances exist which are peculiar to the land, structure or building involved.

(2)

Compatibility. The proposed deviation's scale and intensity is compatible with and will not adversely impact land use activities on adjacent properties.

(3)

Proper Use of Mitigative Techniques. The proposed development project has been designed to incorporate one (1) or more of the mitigative techniques listed in Subsection 2.8(A), mitigative techniques and mobility strategies, to prevent adverse impacts to adjacent land use activities.

(4)

Protection of Environmentally Sensitive Areas. The proposed deviation is necessary to conserve and protect the natural environment including wetlands, natural habitat, protected canopy trees, drainage corridors, flood prone lands, and other environmentally sensitive lands.

(5)

Minimum Deviation Granted. That the proposed deviation is the minimum deviation necessary that will make possible the reasonable use of the land, building, or structure.

(6)

Open Space and Other Facilities. The proposed deviation provides for more usable and suitably located open space and other public and common facilities than would otherwise be provided under strict application of the minimum LDC requirement.

(7)

Existing Non-Conforming Uses of Other Property Not Basis for Approval. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a deviation.

(8)

Other Information. The applicant may provide other information in addition to that listed above to justify a request for a deviation to a minimum LDC requirement and demonstrate that granting the proposed deviation will fulfill the intent of this LDC.

(D)

Burden of Proof. The burden of presenting evidence sufficient to allow the approving authority to grant a deviation, as well as the burden of persuasion on those issues, remains with the applicant seeking the deviation.

(E)

Approval Conditions. In granting deviations, the approving authority may impose such reasonable conditions and mitigative techniques as will ensure that the use of the property to which the deviation applies will be reasonably compatible with the surrounding properties including, but not limited to, visual screening, and may also prescribe a reasonable time limit within which construction or occupancy of the premises for the proposed use shall have begun or have been completed or both. All such conditions and mitigative techniques are enforceable in the same manner as any other applicable requirement of this LDC.

(F)

Federal Flood Insurance. No deviation may be granted that would otherwise impact the City's standing under the National Flood Insurance Program (NFIP) or any similar program.

(G)

No Deviations for Anything Prohibited by the Code. No deviations for anything prohibited by this LDC may be granted.

(H)

Deviation Attached to Development Order or Permit. A granted deviation, and any conditions attached to it, shall be incorporated into the development order or permit and development plan.

(I)

Modification to an Approved Deviation. A proposed modification to an approved deviation from a minimum LDC standard shall be added to the approved deviation and considered in the aggregate. The total deviation (approved deviation plus proposed modification) shall determine the approving authority.

(A)

Mitigative Techniques and Mobility Strategies. If an applicant requests a deviation (s) to any quantifiable design standard in this LDC pursuant to Section 2.7, flexibility in administration, one (1) or more of the following mitigative techniques shall be incorporated into the project design in accordance with Subsection 2.7(6)(3).

(1)

Mitigative Techniques for Development Order and Development Permit Deviations.

(a)

Tree Preservation. The development preserves more than thirty-five (35) percent of trees with caliper larger than (>) thirty (30) inches in diameter at breast height (DBH). This does not include trees in wetlands or conservation areas.

(b)

Enhanced Streets. The development provides enhanced street or streetscape above the standards of this LDC such as protected bike lanes, on-street parking, retail zone or other improvements accepted by the City Engineer.

(c)

Enhanced Landscape. The development provides enhanced landscaping beyond the minimum requirements of this LDC.

(d)

Mobility Strategies. The list of mobility strategies provided in Subsection 2.8(B) may be counted according to the same scale as a mitigative technique, if not used as a mobility strategy per Policy 2-2.2.10 of the Comprehensive Plan.

(e)

Community for a Lifetime Residential Units. Residential development provides a minimum of twenty-five (25) percent of residential units addressing "Communities for a Lifetime" principles from the Department of Elder Affairs, including but not limited to elevators or master bedrooms with bathrooms at ground level.

(f)

Low Impact Development. The development proposes low impact development (LID) engineering solutions for storm water including, but not limited to, bioswales, porous paving, green roofs, etc. If green roofs are provided, the development shall provide a minimum of twenty-five (25) percent coverage.

(g)

Charging Stations for Electric Cars. The development provides and maintains at least five (5) percent of required parking or guest parking as charging stations for electric cars with the installation of the required equipment.

(h)

Use of Environmentally Friendly Design Practices. The development utilizes environmentally friendly building design practices such as the provision of alternative energy solutions including, but not limited to, solar energy solutions.

(i)

Health Design Solutions. The development offers health-design solutions including, but not limited to, community gardens, internal bicycle lanes/trails, and outdoor communal fitness equipment.

(j)

Publicly Accessible Amenities. The development offers publicly accessible amenities such as patios and plazas, landscaped mini-parks, squares or greens beyond what is required.

(k)

Vertical Mixed-Use. The development implements vertical mixed-use.

(l)

Public Art. The development provides public art including, but not limited to, sculptures or murals consistent with City policy on public art. The art may be installed on-site or a contribution made to the Public Art Fund. The minimum value of the public art to count as a mitigative technique is five thousand dollars ($5,000.00) (either for the art on-site or for the Public Art Contribution). This amount may be updated every year with the fee schedule. Public art should be privately owned and maintained.

(m)

Screening and Noise Attenuation. Installation of physical barriers, screening structures such as fences, walls, or berms for visual attenuation and sound barriers or acoustic insulation for noise attenuation.

(n)

Other Mitigations. Such other mitigations that the Approving Authority determines to better mitigate the requested deviation, which is clearly and convincingly consistent with the intent of this section and which is consistent with sound and generally accepted land use and architectural practices and principles.

(o)

Number of Mitigative Techniques. If an application requests multiple deviations, each deviation shall be evaluated independently, and mitigative techniques shall be required for each requested deviation or a category of related deviations.

(2)

Mitigative Techniques for Architectural Design Order Deviations. All the mitigative techniques listed in Subsection 2.8(A)(1), plus the following:

(a)

Architecture. Architectural elements that are provided in the project that enhance the composition of the façades but are not required to comply with the minimum requirements of this LDC. These may include, but are not limited to, elements related to massing, articulation, fenestration, roof modulation, materials and/or corner elements.

(b)

Number of Mitigative Techniques. If an application requests multiple deviations, each deviation shall be evaluated independently, and the number of mitigative techniques will be based on the highest percentage deviation requested. Deviations up to twenty (20) percent shall require one (1) mitigative technique. Deviations above twenty (20) percent and up to fifty (50) percent shall require two (2) mitigative techniques. Deviations above fifty (50) percent shall require three (3) mitigative techniques.

(B)

Mobility Strategies. According to the trip generation threshold established by Policy 2-2.2.10 of the Comprehensive Plan, the project shall be required to provide mobility strategies as a mitigation. Such mitigation shall be provided according to the following mobility strategy techniques:

(1)

Mitigative techniques that count as one-half (½) mobility strategy:

(a)

Bike repair station.

(b)

Bench (street furniture).

(c)

Additional bike racks beyond the minimum required.

(2)

Mitigative techniques that count as one (1) mobility strategy:

(a)

The development provides sidewalks with a width of at least two (2) feet above the minimum requirement if accepted by the City Engineer.

(b)

Covered bike racks or bike lockers.

(c)

Bus shelter without bench if located on a fixed bus route or public school bus stop.

(d)

Shower for employees (commercial office).

(e)

Micromobility parking area with signage.

(f)

Pedestrian crossing lights (traffic calming measure).

(3)

Mitigative techniques that count as two (2) mobility strategies:

(a)

Shared path minimum ten (10) feet wide that makes a viable connection to neighboring properties and/or neighboring facilities.

(b)

Car sharing (such as Zipcar).

(c)

Bus shelter with bench if located on a fixed bus route or public school bus stop.

(d)

Covered bench (street furniture).

(e)

Raised crosswalk (traffic calming measure).

(4)

Mitigative techniques that count as three (3) mobility strategies:

(a)

Shared micromobility system (station and vehicle).

(b)

Micromobility access points in addition to vehicular access points.

(c)

Additional vehicular access points above the minimum required.

(d)

Mobility hub.

(e)

Enhanced streetscaping with large trees along pedestrian paths/sidewalks.

(f)

Enhanced lighting at intersections or pedestrian paths for added visibility/safety.

(g)

Enhance accessibility pedestrian system (APS) at intersections.

(h)

Upgraded bike facility per Article XI, Subsection 11.1(D)(vii).

(i)

Subsidized transit for developments within eight hundred (800) feet of a transit stop.

(5)

Mobility Fund. Monetary contribution to the Mobility Fund is calculated at a rate of ten thousand dollars ($10,000.00) per one (1) mobility strategy, to be updated every year in the City's Fee Schedule.

(6)

Other Strategies. Such other strategies that the approving authority determines to better contribute to the City's Mobility Plan, which is clearly and convincingly consistent with the intent of this section and which is consistent with sound and generally accepted land use and mobility practices and principles.

(7)

Number of Strategies. The approving authority may determine a proposed mobility strategy equates to a greater number of mobility strategies, if there is a determination the mobility strategy provides an increased public benefit.

(C)

Applicability. A mitigation, density/intensity bonus, or mobility strategy used to satisfy one (1) criterion of this LDC shall not be credited to meet another criteria set forth in this LDC.

(A)

Application for Special Exception Use Order. Prior to a public hearing of the LPA or City Council to consider an application for a special exception use order, the Land Use Administrator, or designee, shall provide notice of the public hearing to consider the special exception use order as follows:

(1)

At least ten (10) days prior to the public hearing, post a notice on the property of the proposed special exception use order;

(2)

At least ten (10) days prior to the public hearing, mail a similar notice to the applicant; the owner of the property, if other than the applicant; and the owners of every parcel of land within a distance of five hundred (500) feet from the property line of the property described in the application; and

(3)

At least seven (7) days prior to the public hearing, publish a notice of public hearing in a newspaper circulated in the City.

(4)

The notice shall, at a minimum, include the time, date, and location of the public hearing; identification of the authority conducting the public hearing; a brief description of the special exception use applied for; general description of the property described in the application; and the place or places that the application may be inspected by the public.

(B)

Land Development Code Amendment. Proposed amendments to this LDC shall be in accordance with the requirements of State law.

(C)

Application for Zoning Map Amendment, Statutory Development Agreement, and Development of Regional Impact. Notice for an application for zoning map amendment, statutory development agreement, and development of regional impact shall be in accordance with the requirements of State law. Additionally, at least ten (10) days prior to a public hearing of the LPA or City Council, the Land Use Administrator, or designee, shall:

(1)

Post a notice on the property of the proposed application; and

(2)

Mail a notice of public hearing to the applicant; the owner of the property described in the application, if other than the applicant; and the owners of every parcel of land within a distance of five hundred (500) feet from the property line of the property described in the application.

(3)

The notice shall, at a minimum, include time, date, and location of the public hearing; identification of the authority conducting the public hearing; type of application to be considered; general description of the property described in the application; a brief description of the proposal being considered; and the place or places that the application may be inspected by the public.

(D)

Miscellaneous Provisions Relating to Notice.

(1)

In the event of a conflict between the provisions of this LDC and State law, the provisions of State law shall prevail.

(2)

In the event that a person asserts lack of notice but appears at the meeting or public hearing for which the notice was given, the assertion shall be deemed out of order and said matter shall be adjudicated in the resulting development order or development permit.

(3)

Notwithstanding the notice requirements set forth in this LDC, the Land Use Administrator, in conjunction with the City Attorney, may, as the circumstances require, take actions necessary to ensure that administrative due process is afforded to all affected parties.

(A)

Public Outreach Notice. The purpose of public outreach notice is to educate occupants and owners of nearby lands about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible. It is not intended to produce consensus on applications but to ensure that citizens and property owners are provided with adequate opportunity to learn about applications that may affect them at the early stage of the process.

(1)

Applicability. A public outreach notice is mandatory for applications for future land use map amendments, zoning map amendment, special exception use orders, preliminary subdivision plans, master land use plans and its associated development agreement. The applicant shall provide a written public notice to the surrounding properties within thirty (30) days after the City has deemed the application to be sufficient.

(2)

Procedure. The applicant is responsible for providing notification by U.S. Mail certified to all known owners of property within five hundred (500) feet of the subject property. A copy of the public outreach notice and a list of who it was sent to are to be presented by the applicant to the staff prior to approval of the application by the approving authority.

(B)

Public Outreach Notice. A public outreach notice shall contain at a minimum: the name and telephone number of the applicant; a description of the location of the property for which action is pending, including but not limited to, a map, a street address, and a parcel identification number as provided by the Seminole County Property Appraiser Office; preliminary concept plans; and specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, and new streets.

(C)

Community Meetings. Community meetings are optional. If a community meeting is conducted it shall comply with the following standards:

(1)

Time and place. The applicant shall arrange the location of the neighborhood meeting, which shall be reasonably convenient and accessible to the owners of property located in close proximity to the land subject to the application. The facility at which the neighborhood meeting will occur shall be of sufficient size to accommodate expected attendance. The neighborhood meeting shall be scheduled after 5:00 p.m. on a weekday or between 9:00 a.m. and 8:00 p.m. on a weekend day.

(2)

Notification. All community meetings, if conducted, shall occur at least thirty (30) days after the application is determined to be a sufficient application. The applicant shall provide notification of the neighborhood meeting a minimum of twenty-one (21) calendar days in advance of the meeting by mailing notice to all owners of property located within five hundred (500) feet of the land subject to the application. The list of owners within five hundred (500) feet of the affected property shall be obtained by the applicant from the most recent version of the property owners of record provided by the Seminole County Property Appraiser. If the affected property is subject to the requirements of a property owners' association or a condominium owners' association, the applicant shall provide notice of the neighborhood meeting to such association in the same manner as stated above for property owners. The City of Oviedo, in care of the City Manager, shall be added to the notification mailing list for all community meetings. The notification shall state the time and place of the meeting and shall meet the requirements in Subsection 2.10(B), public outreach notice.

(3)

Conduct of Meetings. At the community meeting, the applicant shall explain the development proposal including, but not limited to, the proposed uses, densities, intensities, and, if applicable, the proposed master concept plan, inform attendees of the character and nature of the process for review, and respond to comments and questions that attendees may have about the application and propose ways to resolve conflicts. Materials and exhibits shall be displayed in a format and size that can be easily viewed by the attendees of the neighborhood meeting. At a minimum the community meeting shall include the following information:

(a)

Preliminary plans;

(b)

Development schedules; and/or

(c)

Specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new streets, and other primary features.

(4)

Staff Attendance. City staff may attend the neighborhood meeting for the purpose of advising the attendees regarding applicable provisions of the City's land use regulations and approval processes but shall not serve as facilitators or become involved in negotiations at the neighborhood meeting.

(5)

Written Summary of Community Meeting. The applicant shall include a written summary of the community meeting, as well as copies of all documents and exhibits that the applicant presented during the neighborhood meeting within ten (10) days after the date on which the community meeting is held. The written summary shall include a list of those in attendance, a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information the applicant deems appropriate.

(A)

Non-Conforming Situations.

(1)

Existing characteristics of use which become non-conforming or increase in non-conformity as a result of an eminent domain process including, but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention shall be required to meet the requirements of this LDC to the greatest extent possible, as determined by the Land Use Administrator, or designee. Thereafter, the existing characteristic of use shall be deemed conforming only to the extent of those non-conformities caused by the eminent domain process. Any matter reasonably related to the post-taking use of the property and reasonably resulting from the taking may be considered.

(2)

If any legally existing structures (principal or accessory), or vehicular use area shall be relocated as a direct result of an eminent domain process, or as a result of safety concerns, if allowed to remain after the eminent domain process, the Land Use Administrator, or designee, may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable as determined by the Land Use Administrator, or designee. If the relocation results in substandard characteristics of use, it shall be deemed thereafter to be conforming, but only to the extent of those non-conformities caused by the eminent domain process. Any future expansion or enlargement thereof shall be in accordance with all applicable requirements of this LDC.

(3)

Legally existing structures (principal or accessory) or vehicular use areas which become non-conforming or increase in non-conformity as a result of an eminent domain process which are thereafter damaged or destroyed, other than by voluntary demolition, to an extent of more than fifty (50) percent of the Seminole County Property Appraiser's assessed valuation at the time of destruction, can be restored, but only to pre-destruction condition in accordance with controlling development and regulatory codes. Any expansion or enlargement that does not increase the non-conformity of a characteristic of use shall be permitted in accordance with all applicable requirements of this LDC and other controlling development and regulatory requirements. If expansion or enlargement increases the non-conformity of a characteristic of use approval, such expansion or enlargement shall be in accordance with all applicable requirements set forth in this LDC to the extent practicable.

(4)

If a structure is required to be relocated, but contains a non-conforming use, the Land Use Administrator, or designee, may permit the relocation on-site or to an adjacent parcel upon a determination that no public harm will result.

(5)

Where part of a principal structure is acquired, the reconstruction of the acquired structure (same size and use) may be permitted. The reconstruction shall meet all City codes to the greatest extent practicable, as determined by the Land Use Administrator, or designee. The reconstructed structure shall thereafter be deemed conforming as to those non-conformities caused by the eminent domain process.

(6)

Any alterations, repairs or rehabilitation work necessitated by an eminent domain process may be made to any existing structure, building, electrical, gas, mechanical or plumbing system, provided that the alteration, repair or rehabilitation work conforms to the requirements of the controlling development and regulatory codes. The Land Use Administrator, or designee shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.

(B)

Deviations.

(1)

Approval Authority of Land Use Administrator. The Land Use Administrator, or designee, is authorized to review and act upon, an application for a deviation of a minimum LDC requirement for properties that have been subjected to an eminent domain process to allow the continued use of the property in a manner similar to its pre-eminent domain condition.

(2)

Application for Deviation.

(a)

The eminent domain authority with notification to the property owner by the City, or the property owner, may apply in writing to the Land Use Administrator, or designee, for a deviation, of a minimum LDC requirement for properties that have been subjected to an eminent domain process to allow the continued use of the property in a manner similar to its pre-eminent domain condition. The application shall demonstrate that the deviation will not result in a condition which adversely affects the health, safety or welfare of the general public.

(b)

The Land Use Administrator, or designee, shall, within thirty (30) days of receipt of a sufficient application, issue to all parties a development order or permit granting the deviation or denial development order denying the deviation.

(c)

The Land Use Administrator, or designee, shall provide a copy of the development order or permit granting the deviation or denial development order denying the deviation to the City Attorney's office if the property is in an eminent domain lawsuit, or in pre-suit negotiations.

(d)

If a deviation is denied by the Land Use Administrator, or designee, the property owner or eminent domain authority may appeal the denial to the City Council.

(3)

Criteria for Approval. In granting any deviation, the Land Use Administrator, or designee, shall consider the following to determine if granting the deviation will fulfill the intent of this LDC:

(a)

That special conditions or circumstances exist which are peculiar to the land, structure or building involved.

(b)

The deviation will not adversely affect the safety of pedestrians or operations of motor vehicles.

(c)

The deviation will preserve required off-street parking to the greatest extent practicable. The reconfiguration, reduction, or removal of landscape and/or open space may be considered to preserve off-street parking.

(d)

The deviation incorporates mitigative techniques needed to prevent adverse impacts to adjacent land use activities.

(e)

The deviation is the minimum necessary.

(f)

No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a deviation.

(4)

Signs.

(a)

A sign which is located on a parcel that is subject to an eminent domain process may be allowed to be relocated on the remaining portion of the parcel on which it is located in accordance with the following:

(i)

Conforming Signs.

a.

The sign shall be relocated on the remaining parcel in such a manner as to meet the setback and distance separation requirements. If setback and distance separation requirements cannot be met due to the size and/or configuration of the remaining parcel, then, subject to the Land Use Administrator's determination, the sign may be relocated so as to comply with such regulations to the greatest extent practicable as determined by the Land Use Administrator, or designee.

b.

Regardless of the sign location, adherence to all sight visibility requirements shall be required.

(ii)

Non-Conforming Signs.

a.

Any existing non-conformity of a sign, other than setback or distance separation, shall not be increased upon relocation. A non-conforming sign may not be structurally altered or enhanced upon relocation.

b.

If the sign to be relocated is a non-conforming sign, upon proof submitted by the applicant and subject to the determination by the Land Use Administrator, or designee, that public harm will not occur, such sign may be relocated notwithstanding the provisions of this LDC to the contrary.

(b)

The Land Use Administrator, or designee, shall ensure that controlling Federal and State law is applied at all appropriate times with regard to outdoor advertising.

(5)

Expansion or Enlargement After Deviation Granted. Any further expansion or enlargement of a lot, parcel, structure or use after a deviation has been granted shall be in accordance with all applicable requirements of this LDC.

(C)

Code Violations Threatening Public Health, Safety and Welfare.

(1)

The provisions of this section shall not be interpreted to allow for the continued existence of building or other safety code violations that are determined to be a threat to the public health, safety, or welfare.

(2)

The appropriate building, fire, code enforcement officials and inspectors are hereby authorized, in accordance with direction from the Land Use Administrator, or designee, as appropriate, to take any and all necessary steps to enforce all applicable development, land use, building and safety codes even though the subject property is part of an eminent domain process.

(D)

No Liability for Determinations.

(1)

Many of the determinations made by the Land Use Administrator, or designee, or a hearing officer are based on the City's history and goals and by utilizing "best practice" methods, which are generally consistent with sound land use planning practices and principles. Those determinations are made in the best interest of the community and the Land Use Administrator, or designee, or a hearing officer, shall incur no personal liability as a result of discharging duties in making said determinations.

(2)

The granting of a deviation under this section shall not be considered a non-monetary benefit to the property owner.

(3)

Nothing in this section shall cause the City to be liable for damages, expenses or losses for any action taken by the City pursuant to this LDC.

(4)

The provisions of this section shall not be interpreted to grant or allow a vested right in any particular lot, parcel, structure, use, building, development or property that is subject to or affected by an eminent domain process.

(A)

Application.

(1)

The owner or owners of real property, or their expressly authorized agent, may request a determination of vested rights from and against the provisions of this LDC by paying the application fee and filing a technically complete application with the Land Use Administrator, or designee.

(2)

The application form shall contain the following information:

(a)

The name and address of the applicant who shall be the owner or all owners of the subject parcel of real property or a person expressly authorized to apply on behalf of the owner or owners.

(b)

A legal description, current tax parcel identification number and survey or a sketch of the real property which is the subject of the application.

(c)

The name and address of each owner or the real property.

(d)

A copy of all site or development plans or plats relating to the real property.

(e)

Identification by specific reference to any ordinance, resolution or other action of the City or failure to act by the City, upon which the applicant relied and which the applicant believes supports the applicant's position relative to the assertion of vested rights relative to the subject real property.

(f)

A statement of fact which the applicant intends to prove in support of the application that vested rights exist. The application shall fully articulate the legal basis for being allowed to proceed with development without application of otherwise applicable standards.

(g)

Such other relevant information that the Land Use Administrator, or designee, may request or the applicant may desire to have initially considered.

(h)

The application shall provide a sworn statement to be executed by all owners of the real property or an authorized agent that all information set forth on the application is true and correct.

(3)

Application Process Vesting application process shall follow Article III, Subsection 3.2(A) application review process.

(4)

Upon the Land Use Administrator, or designee, accepting a technically complete application, for which the application fee has been submitted, the City Council shall review the application and hold a public hearing and make a final determination as to whether or not it has been clearly and convincingly demonstrated that the real property subject to the application has vested status. Within seven (7) calendar days after making a final determination of vested rights status, the City Council shall provide the applicant with written notification of the determination of vested rights status in the form of a development order, if the application is approved, or a denial development order, in accordance with the provisions of F.S. § 166.033, if the application is denied. All orders shall contain findings of facts, conclusions of law and the operative order constituting the decision of the City Council. If the City Council determines that vested rights exist and that development may proceed, the applicant shall have the right to rely upon such development order that the real property is vested and the determination that the real property is vested shall be final and not subject to appeal, revocation or modification. Thereupon, permits may be granted, and development shall comply with the applicable standards except those against the development is vested from as set forth in the development order issued by the City Council.

(5)

At the hearing, the applicant shall present evidence in support of the application.

(6)

The City Council's decision to grant or determine vested rights status shall be final subject, however, to appeal in accordance with State law.