Oviedo City Zoning Code

ARTICLE III

DEVELOPMENT AGREEMENTS, ORDERS, AND PERMITS

Section 3.1.- Purpose.

This article sets forth the minimum requirements and procedures for obtaining approval for development agreements, orders, and permits.

Section 3.2. - Development Agreements.

(A)

General Requirements

(1)

A development agreement may be entered into by an applicant and the City Council to provide for matters that relate to the unique conditions of the real property to be developed, the relationship between the public and private aspects of the development, or other terms and conditions that are not typical of a normative approval of a development order. Development authorized by a development agreement may be phased. The development agreement may provide that the entire development or any phase thereof shall be commenced or completed within a specific period of time. Each development agreement must demonstrate benefit to the public and the application fee shall be paid to the City before any processing occurs except as specifically provided herein.

(2)

Development agreements will generally:

(a)

Allow for multiple access points within the development.

(b)

Allow for diversification of uses, structures, and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

(c)

Allow for a reduction in energy costs through a more efficient use of land design.

(d)

Allow for the preservation of natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

(e)

Encourage an increase in the amount and use of open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional zoning districts.

(f)

Provide unique economic development, provision of public infrastructure or similar benefits to the City.

(3)

Statutory development agreements may be entered into under the authority of the Development Agreement Act as set forth in controlling State law, and processed in accordance with the requirements of state law.

(4)

Non-statutory development agreements may be entered into under the authority of the home rule powers of the City under Article VIII, Section 2 of the Constitution of the State of Florida Chapter 166, Florida Statutes, and other controlling law.

(5)

A development agreement shall be required for:

(a)

The development of property designated planned unit development on the official zoning map,

(b)

The sharing of infrastructure;

(c)

The development of property associated with a Master Land Use Plan; and

(d)

Phased development.

(6)

A development agreement is transferable. However, so long as the land or structure or any portion thereof covered under the development agreement continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the development agreement) may make use of the land except in accordance with the conditions and requirements of the development agreement. The provisions of the development agreement run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

(B)

Application

(1)

Pre-Application Conference. Prior to the submitting an application for a development agreement, the applicant shall schedule and attend a pre-application conference.

(2)

Application Submittal. Application for a development agreement shall be made in a form to be prescribed by the Land Use Administrator. The application shall include a draft development agreement prepared by the applicant and supporting information.

(C)

Review by the Land Use Administrator The Land Use Administrator shall review the development agreement and negotiate such further terms and conditions as the Land Use Administrator shall deem to be appropriate and necessary to protect the public's interest, safety, health or welfare, and in furtherance of the comprehensive plan, and/or City Council goals and policy direction.

The Land Use Administrator shall review the development agreement and formulate a recommendation. The Land Use Administrator's determination shall be based upon whether a development agreement will facilitate the purposes and intents of this Land Development Code, Comprehensive Plan and/or City Council goals and policy direction.

If a determination is made by the Land Use Administrator that a development agreement is desirable (which may include conditions of approval), the Land Use Administrator shall forward a recommendation to the LPA.

(D)

Review and Recommendation by the City Attorney

(1)

Non-Statutory Development Agreements. The City Attorney shall review the proposed development agreement, formulate recommendations on the proposed development agreement and forward such recommendations to the Land Use Administrator. The City Attorney's recommendations shall be forwarded to the applicant, LPA, and/or City Council.

(2)

Statutory Development Agreements. The City Attorney shall review the proposed development agreement for compliance with Chapter 163, Florida Statutes, formulate recommendations on the proposed development agreement, and forward such recommendations to the Land Use Administrator. The City Attorney's recommendations shall forwarded to the applicant, Land Use Administrator, LPA, and/City Council.

(E)

Review and Recommendation by LPA

(1)

Non-Statutory Development Agreements. The LPA shall review an application for a non-statutory development agreement and the recommendations of the Land Use Administrator and City Attorney. The LPA shall make a written recommendation to the City Council to approve, approve with revisions, or deny the proposed non-statutory development agreement.

(2)

Statutory Development Agreements. The LPA shall conduct a public hearing to review a proposed statutory development agreement and the recommendations of the Land Use Administrator and City Attorney. The LPA shall make a written recommendation to the City Council to approve, approve with revisions, or deny the proposed development agreement.

(F)

Review and Action by the City Council

(1)

Non-Statutory Development Agreements. The City Council shall review an application for a non-statutory development agreement, the recommendations of the Land Use Administrator, LPA, and the City Attorney, and any other written submittals; and act to approve, approve with revisions, or deny the application for development agreement.

(2)

Statutory Development Agreements. The City Council shall conduct a public hearing to review an application for statutory development agreement, the recommendations of the Land Use Administrator, City Attorney, LPA, and any other written submittals; and act to approve, approve with revisions, or deny the application for development agreement.

(G)

Action Subsequent to Approval of the Agreement by the City Council

(1)

Non-Statutory Development Agreements. Subsequent to approval of the application for development agreement, the applicant shall submit to the Land Use Administrator and City Attorney for review a final development agreement consistent with the approval granted. The Mayor shall execute the development agreement on behalf of the City after approval as to form by the City Attorney.

(2)

Statutory Development Agreements. Subsequent to approval of the application for development agreement, the applicant shall submit to the Land Use Administrator and City Attorney for review a final development agreement consistent with the approval granted. The Mayor shall execute the development agreement on behalf of the City after approval as to form by the City Attorney.

(H)

Recordation

(1)

Non-Statutory Development Agreements. The City Clerk shall record the development agreement in the Public Records of Seminole County within fourteen (14) days after execution by the Mayor. The applicant shall pay the costs to record the development agreement. The City Clerk shall provide a certified copy of the recorded development agreement to the applicant once the development agreement is returned by the Seminole County Clerk of the Court.

(2)

Statutory Development Agreements. The City Clerk shall record the development agreement in the Public Records of Seminole County per the requirements of Chapter 163, Florida Statutes, The applicant shall pay the costs to record the development agreement. The City Clerk shall provide a certified copy of the recorded development agreement to the applicant once the development agreement is returned by the Seminole County Clerk of the Court. The Land Use Administrator shall submit a copy of the recorded development agreement to the Florida Department of Community Affairs per the requirements of Chapter 163, Florida Statutes.

(I)

Amendment or Termination of a Development Agreement

(1)

Non-Statutory Development Agreements. A non-statutory development agreement may be amended or terminated by mutual consent of the parties to the agreement or their successors in interest. Approval of an amendment to or termination of a non-statutory development agreement shall follow the same process as the approval of the executed development agreement.

(2)

Statutory Development Agreements. A statutory development agreement may be amended or terminated per the requirements of Chapter 163, Florida Statutes.

(J)

Amendment to Comply with Relevant State or Federal Laws

(1)

Non-Statutory Development Agreements. A non-statutory development agreement shall be amended as may be necessary to comply with relevant state or federal laws enacted after the execution of the agreement which preclude compliance with a term or provision of the agreement. Approval of such amendment shall follow the same process as the approval of the executed development agreement.

(2)

Statutory Development Agreements. A statutory development agreement shall be amended as may be necessary to comply with relevant state or federal laws enacted after the execution of the agreement which preclude compliance with a term or provision of the agreement per the requirements of Chapter 163, Florida Statutes.

(K)

Application of Subsequently Adopted Local Laws and Policies

(1)

Non-Statutory Development Agreements. Development that is subject to a non-statutory development agreement shall be subject to subsequently adopted City laws and policies.

(2)

Statutory Development Agreements. The City may apply subsequently adopted laws and policies to a development that is subject to a statutory development agreement per the requirements of Chapter 163, Florida Statutes.

(Ord. No. 1626 , § 4, 8-17-15)

Section 3.3. - Development Orders.

(A)

Development Orders

(1)

Development Orders include the following:

(a)

Site Development Order.

(b)

Redevelopment Site Development Order.

(c)

Special Exception Use Order.

(d)

Architectural Design Order.

(B)

Site Development Orders

(1)

General. The use of property shall not be changed; clearing, grading, excavation or paving shall not be commenced; building or other structures shall not be constructed, erected, moved, or altered except in accordance with and pursuant to an approved site development order. Issuance of a site development order authorizes the recipient to commence the activity specified on the application. The intended use, however, may not be commenced; no building may be occupied; and in the case of subdivisions, no lots may be sold until all requirements of this LDC and all additional requirements pursuant to the approval of the site development order have been complied with. Issuance of a site development order shall be required for the following:

(a)

New development.

(b)

Redevelopment.

(c)

Subdivision of land (more than three (3) lots).

(d)

Renovation (any increase in square footage and/or increase in impacts).

(e)

Change in use.

(f)

Any other action or approval required by the Land Use Administrator.

(2)

Application Process.

(a)

Pre-Application. It shall be the responsibility of the applicant to request and obtain all required application forms and information that constitute a sufficient application and pay all required fees. Prior to submitting an application, the applicant may schedule a pre-application conference with the Land Use Administrator.

(b)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review. The application shall also include a description of and justification for any requested deviation to a LDC minimum requirement.

(3)

Sufficiency Review.

(a)

Upon receipt of an application, the Land Use Administrator or designee shall conduct a sufficiency review to determine if the application contains all required forms, plans, supporting information, and fees. Following the review, the Land Use Administrator or designee will notify the applicant that the application is either sufficient or insufficient for review.

(b)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(c)

If the application is found insufficient, the notification will list the information that must be submitted for the application to be found sufficient. Prior to submittal of the required information, the applicant may request a meeting with the Land Use Administrator to review the notice of insufficiency and the information that must be submitted to constitute a sufficient application.

(4)

Compliance Review.

(a)

A sufficient application will undergo a compliance review to determine if the application:

(i)

Is consistent with the Comprehensive Plan; and

(ii)

Complies with applicable requirements of this LDC, Engineering Standards Manual, Florida Fire Prevention Code, Florida Building Code, and such other codes and ordinances that the Land Use Administrator may deem appropriate at this stage of review.

(b)

If the Land Use Administrator determines that the application fails to comply with one (1) or more of the above requirements, it shall find the application non-compliant. Upon the issuance of a notice of non-compliance by the Land Use Administrator, the applicant shall have sixty (60) days in which to submit an amended application addressing the non-compliance finding(s). Upon submittal of the amended application, the applicant shall pay a non-compliance review fee. Submittal of an amended application after sixty (60) days of the issuance of a notice of non-compliance shall constitute a new application and require payment of a new application fee. The applicant may also appeal the non-compliance finding(s) as provided for in this LDC.

(c)

The applicant may amend the application prior to order-approving authority's consideration of the application. The applicant may also agree to amend the application during the order-approving authority's consideration of the application. Said amendments must be made prior to the issuance of the site development order. Such activities shall not constitute denials under the provisions of F.S. § 166.033.

(d)

The approving authority may attach to the site development order any reasonable conditions or requirements in addition to those specified above. Such additional conditions or requirements shall be entered on the site development order and are enforceable in the same manner and to the same extent as the requirements specified above. To the extent that adding conditions of approval results in denial of the application, a denial development order shall be issued in accordance with the provisions of F.S. § 166.033.

(5)

Issuance of Site Development Order. For purposes of this section, a development order is issued when the order-approving authority approves the application in writing. When an application is found to be compliant, a site development order shall be issued by the approving authority. The site development order shall be signed by the property owner(s), or authorized representative, and the Land Use Administrator. The City Clerk shall record the site development order in the Public Records of Seminole County within fourteen (14) days of signature by the City. The applicant shall pay the costs to record the site development order. The City Clerk shall provide a certified copy of the recorded site development order to the once the development order is returned by the Seminole County Clerk of the Court.

(6)

Progress Conferences. At any time during the review process, the applicant may request a progress conference with the Land Use Administrator. Progress conferences are encouraged and may assist in expediting the approval of the site development order application.

(7)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, Florida Building Code, Fire Prevention Code and any other pertinent code or ordinance enacted after the last review of the application.

(8)

Abandoned Application. An application shall be abandoned when no activity occurs for twelve (12) consecutive months. The Land Use Administrator shall issue a notice of abandoned application to the applicant. Any submittal after the issuance of a notice of abandoned application shall constitute a new application.

(9)

Effect of Site Development Orders on Successors and Assigns. Site development orders are transferable. However, so long as the land or structure or any portion thereof covered under the site development order continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the site development order) may make use of the land except in accordance with the conditions and requirements of the site development order. The provisions of the site development order run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

(10)

Amendment to an Approved Site Development Order. An application to amend an approved site development order shall be processed and reviewed in the same manner as the application for the approved site development order.

(11)

Expiration. All site development orders, unless otherwise provided in the site development order, shall expire automatically if, within one (1) year after the issuance of such orders:

(a)

The use authorized by a site development order has not commenced and continued in bona fide good faith (during any twelve-month period less than twenty-five (25) percent of the total remaining cost of construction, erection, alteration, excavation demolition or similar work has been performed), or the application for the next required development approval has not been approved.

(b)

Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work directly associated with a site development order has been completed on the site. With respect to phased development, this requirement shall apply only to the approved phase.

(c)

For all years following the first year, a development permit shall expire automatically, if during any twelve-month period less than twenty-five (25) percent of the total remaining cost of construction, erection, alteration, excavation demolition or similar work on any development authorized by a development permit has been completed on the site. However, expiration of a development permit shall not affect the provisions of this LDC relating to sufficiency review.

(12)

Extensions. The approving authority may extend the expiration date of a site development order for a maximum of twelve (12) months if the application for extension is filed prior to the expiration date and it concludes that:

(a)

The site development order recipient has proceeded with due diligence and in good faith; and

(b)

Conditions have not changed so substantially as to warrant a new application.

(c)

The order approving authority may grant successive extensions for a maximum of twelve (12) months upon the same findings, subject to compliance concurrency management requirements of this LDC.

(13)

Maintenance of All Areas, Improvements, and Facilities. The recipient of a site development order, or his successor, shall be responsible for maintaining all areas, improvements, or facilities required by this LDC or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, drainage areas and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be maintained in a state of vigorous good health and immediately be replaced if dead or are destroyed. Canopy trees required for shading or buffering, must be maintained according to their natural growth form and shall not be excessively pruned without approval from the City.

(C)

Redevelopment Site Development Order.

(1)

It is recognized that the City Council desires to encourage economic development through redevelopment of existing commercial or office buildings or conversions from residential to office or commercial use.

(a)

The Land Use Administrator is authorized to approve a Redevelopment Site Development Order meeting the following criteria:

(i)

The building size is less than five thousand (5,000) square feet or smaller; and

(ii)

Use has less than five hundred (500) Average Daily Trips; and

(iii)

A non-residential development not adjacent to a single family residential zoning district, excluding all Downtown Mixed Use Districts; and

(iv)

The building is not part of a larger development proposal, or poses special development issues that require the additional review, as determined by the Land Use Administrator.

(b)

If a Site Development Order does not meet the above criteria, it shall follow Section 3.3(A)(1)(a).

(c)

The Land Use Administrator may review the application for a Redevelopment Site Development Order and may approve a reduction in the normal requirements of the Land Development Code limited to the following:

(i)

Buffer yard width up to twenty (20) percent of the minimum LDC requirement;

(ii)

Parking standards up to twenty (20) percent of the minimum LDC requirement;

(iii)

Architectural Standards up to twenty (20) percent of the minimum LDC requirement;

(D)

Special Exception Use Orders

(1)

Purpose and Intent. The purpose of this subsection is to ensure that a special exception use is only permitted on specific sites where the proposed use may be adequately accommodated without generating adverse impacts on properties and land uses within the immediate vicinity and is otherwise consistent with sound land use planning practices and principles and does not affect the public interest. This subsection sets forth provisions and criteria for consideration of special exception uses on specific sites. Special exception uses shall be permitted only upon a finding by the City Council that the proposed use satisfies the provisions of this subsection.

(2)

Criteria for Approving a Special Exception Use. A special exception use may be permitted upon a finding by the City Council that the proposed use, application, and, if applicable, development plan comply with the criteria herein specified, including specific conditions established by the City Council during its review of the respective application in order to ensure compliance with the Comprehensive Plan and this LDC. Applications for a special exception use order shall clearly and convincingly demonstrate the following:

(a)

Land Use Compatibility. The application shall demonstrate that the special exception use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts are compatible with adjacent land uses and will not adversely impact land use activities in the immediate vicinity or otherwise be adverse to the public interest. Compliance with sound and generally accepted land use planning practices and principles must be demonstrated.

(b)

Sufficient Site Size, Adequate Site Specifications, and Infrastructure to Accommodate the Proposed Use. The size and shape of the site, the proposed access and internal circulation, and the urban design enhancements must be adequate to accommodate the proposed scale and intensity of special exception use requested. The site shall be of sufficient size to accommodate urban design amenities such as screening, buffers, landscaping, open space, off-street parking, efficient internal traffic and pedestrian circulation, infrastructure, and similar site improvements needed to mitigate against potential adverse impacts of the proposed special exception use.

(c)

Proper Use of Mitigative Techniques. The application shall demonstrate that the special exception use has been designed to incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure are not burdened with adverse impacts detrimental to the general public health, safety and welfare.

(d)

Hazardous Waste. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation without use of City approved mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. The special exception use order shall provide for appropriate identification of hazardous waste and hazardous material, regulate its use, storage and transfer consistent with best management principles and practices. No use which generates hazardous waste or uses hazardous materials shall be located in the City unless the specific location is consistent with the Comprehensive Plan, the LDC, and does not adversely impact wellfields, aquifer recharge areas, or other conservation resources.

(e)

Compliance with Applicable Laws and Ordinances. A special exception use order application shall demonstrate compliance with all applicable Federal, County, and City laws, codes and ordinances as may be appropriate. Where permits are required from governmental agencies other than the City, the permits shall be obtained as a condition of approval. The City may place other conditions on the approval of a special exception in order to protect the public health, safety, and welfare.

(f)

Commercial Uses in Residential Districts. Certain commercial uses may be allowed in residential districts with the issuance of a special exception use order. These commercial uses shall conform to the following additional criteria:

(i)

The site must be located on or at the intersection of two (2) collector roadways; one (1) collector and one (1) arterial roadway; or two (2) arterial roadways. If the site is not located at the intersection of a collector or arterial roadway, there shall be at least five hundred (500) feet between the proposed site and any existing commercial development.

(ii)

The development shall be designed to serve the immediate neighborhood. The scale, orientation of buildings, landscaping, signage, buffering, lighting, and other design considerations must all be found and determined to be compatible, as determined by the City through the review process, with the residential neighborhood.

(iii)

The development intensity and hours of operation shall be limited in accordance with traffic impact, visual compatibility, and natural site conditions.

(iv)

Convenient and safe pedestrian and non-motorized vehicular access must be provided.

(v)

The site must be serviced by central water and sewer.

(g)

Additional Criteria Applicable to Specific Land Uses. The Land Use Administrator may require additional information relevant to the proposed site to be submitted with an application for a special exception use order.

(3)

Review Process. The review process shall be in accordance with LDC Section 3.3(B).

(4)

Powers and Duties of the Land Use Administrator, LPA, and City Council.

(a)

Review and Recommendation by Land Use Administrator. The Land Use Administrator shall review the proposed application for special exception use order for compliance with the above requirements; formulate recommendations on the proposed special exception use order; and forward such recommendations to the applicant, the LPA and the City Council.

(b)

Review and Recommendation by LPA. The LPA shall review an application for a special exception use order and the recommendations of the Land Use Administrator. The LPA shall make a written recommendation to the City Council to approve, approve with revisions, or deny the proposed special exception use order.

(c)

Review and Action by City Council. The City Council shall review an application for a special exception use order and the recommendations of the Land Use Administrator and LPA; and act to approve, approve with revisions, or deny the application for special exception use order. The City Council may attach to the site development order any reasonable conditions or requirements in addition to those specified above. Such additional conditions or requirements shall be entered on the site development order and are enforceable in the same manner and to the same extent as the requirements specified above.

(5)

Issuance of Special Exception Use Order. For purposes of this subsection, a special exception use order is issued when the City Council approves the application. When an application is found to be compliant, a special exception use order shall be issued by the order-approving authority. The special exception use order shall be signed by the property owner(s), or authorized representative, and the Land Use Administrator. The City Clerk shall record the special exception use order with Seminole County within fourteen (14) days of signature by the Land Use Administrator and pay the costs to record the special exception use order. The City Clerk shall provide a certified copy of the recorded special exception use order once the special exception use order is returned by the Seminole County Clerk of the Court.

(6)

Revocation. A special exception use order may be revoked if, after notice and a hearing thereon, it is determined by the City, that the use fails to remain compliant with all applicable rules and regulations, including any specific conditions of approval duly mandated by the City Council.

(7)

Extensions.

(a)

The City Council may extend for a period of twelve (12) months the date when a special exception use order would otherwise expire pursuant to Subsection 3.3(B), expiration, if it concludes that:

(i)

The special exception use order has not yet expired,

(ii)

The special exception use order recipient has proceeded with due diligence and in good faith, and

(iii)

Conditions have not changed so substantially as to warrant a new application.

(b)

The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Article IX.

(8)

Non-Conforming Situations. Notwithstanding any of the provisions of Article VII, this subsection shall be applicable to special exception use orders issued prior to the date this subsection becomes effective.

(C)

Architectural Design Order

(1)

Purpose and Intent. The purpose of the Architectural Design Order is to define certain standards of architectural design and site development relative to the development within the City. It is believed that adherence to the Architectural Design Order will result in orderly, aesthetically pleasing development that preserves and enhances property values for all owners, and upholds the values on which the City is based.

Issuance of an Architectural Design Order shall be required for new development, renovation by more than fifty (50) percent in the aggregate, redevelopment or addition regardless of the zoning district in which the development is located for the following uses:

(a)

Mixed Use Development,

(b)

Multi-family Development ¹ ,

(c)

Townhome Development ¹ ,

(d)

Office Development, or

(e)

Commercial Development.

¹ Architectural Standards are not in effect for Mixed Use Development outside of the New Downtown and Redevelopment Districts, Multi-family Development, and Townhome Development. Once standards are adopted, the standards shall become effective immediately.

(2)

[Prior to Issuance of a Building Permit.] An Architectural Design Order must be obtained prior to the issuance of a Building Permit. No construction may begin before an Architectural Design Order has been issued by the City Council.

(3)

Architectural Design Order Application Submittal. Application submittal shall include the following:

(a)

Architectural plans, elevations, details and color renderings showing all sides of a building, and sample boards showing sample materials and colors.

(b)

The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the property owner), and all applicable fees to the Land Use Administrator for review.

(c)

A description of and justification for any requested deviation to a LDC minimum requirement.

(4)

Review and Recommendation.

(a)

Review Process. The Sufficiency and Compliance review process shall be in accordance with LDC Section 3.3(B)(3).

(b)

Review and Recommendation by Land Use Administrator. The Land Use Administrator shall review the proposed application for compliance with the above requirements; formulate recommendations on the proposed order; and forward such recommendations to the applicant and the City Council.

(c)

Review and Action by City Council. The City Council shall review an application for an Architectural Design Order and the recommendations of the Land Use Administrator; and act to approve, approve with revisions, or deny the application for the order. The City Council may attach to the order any reasonable conditions or requirements in addition to those specified above. Such additional conditions or requirements shall be entered on the order and are enforceable in the same manner and to the same extent as the requirements specified above.

(5)

Issuance of Architectural Design Order.

(a)

An Architectural Design Order is issued when City Council approves the application. An approval of an Architectural Design Order allows the issuance of the Building Permit.

(6)

When an application is found to be compliant, an Architectural Design Order shall be issued by the City Council. The order shall be signed by the property owner(s), or authorized representative, and the Land Use Administrator.

(7)

Effect of the Architectural Design Order on Successors and Assigns. Architectural Design orders are transferable. However, so long as the land or structure or any portion thereof covered under the order continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the site development order) may make use of the land except in accordance with the conditions and requirements of the order. The provisions of the order run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

(8)

Amendment to an Approved Architectural Design Order. An application to amend an approved order shall be processed and reviewed in the same manner as the application for the approved development order.

(9)

Expiration. All Architectural Design Orders, unless otherwise provided in the Architectural Design Order, shall expire within one (1) year after the issuance of such orders.

(10)

Extensions. The approving authority may extend for a period of twelve (12) months the date when an Architectural Design Order would otherwise expire pursuant to Subsection 3.3(11), issuance of site development order if it concludes that:

(a)

The Architectural Design Order has not yet expired;

(b)

The Architectural Design Order recipient has proceeded with due diligence and in good faith; and

(c)

Conditions have not changed so substantially as to warrant a new application.

(Ord. No. 1626 , § 4, 8-17-15)

Section 3.4. - Development Permits.

(A)

General A development permit authorizes the actual commencement of tree removal; land clearing, grading, or excavation; paving; utility service installation; construction within City right-of-way; construction of buildings or other structures; or the use of land for an approved special event. Development permits include the following:

(1)

Building permit.

(2)

Clearing, grading, and tree removal permit.

(3)

Commercial tree harvest permit.

(4)

Right-of-way utilization permit.

(5)

Sign permit.

(6)

Site construction permit.

(7)

Special event permit.

(8)

Tree Removal for Individual Residential Lots.

(9)

Restoration Plan for Individual Residential Lots.

(B)

Review Process

(1)

Pre-Application. It shall be the responsibility of the applicant to request and obtain all required application forms and information that constitute a sufficient application. Prior to submitting an application, the applicant may schedule a pre-application conference with the Land Use Administrator, or designee.

(2)

(3)

Sufficiency Review.

(a)

(b)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(c)

(4)

Compliance Review.

(a)

A sufficient application will undergo a compliance review to determine if the application:

(i)

Is consistent with the Comprehensive Plan; and

(ii)

Complies with applicable requirements of this Land Development Code, Florida Building Code, Engineering Standards Manual, Florida Fire Prevention Code, or other applicable codes and standards.

(b)

If the approving authority determines that the application fails to comply with one (1) or more of the above requirements, it shall find the application non-compliant.

(c)

The applicant may amend the application prior to approving authority's consideration of the application. The applicant may also agree to amend the application during the approving authority's consideration of the application. Said amendments must be made prior to the issuance of the development permit. Such amendment shall not constitute a denial under the provisions of Section 166.033, Florida Statutes.

(d)

The approving authority may attach to the development permit any reasonable conditions or requirements in addition to those specified above. Such additional conditions or requirements shall be entered on the development permit and are enforceable in the same manner and to the same extent as the requirements specified above. If the applicant does not agree to the conditions, the application shall be deemed denied and subject to the provisions of Section 166.033, Florida Statutes.

(5)

Issuance of Development Permit. For purposes of this section, a development permit is issued when the approving authority delivers a copy of the fully executed permit to the applicant. When an application is found to be compliant, a development permit shall be issued by the approving authority.

(6)

Permit Display. The development permit shall be located and maintained upon the site at all times until final inspection or the issuance of a certificate of occupancy, as applicable. For new developments, the permit shall be attached to the "posting board" with other permits. For existing developments and existing single-family residences, the permit shall be displayed so that it is easily visible from the street.

(7)

Progress Conferences. At any time during the review process, the applicant may request a progress conference with the Land Use Administrator or designee. Progress conferences are encouraged and may assist in expediting the approval of the development permit application.

(8)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Florida Building Code, the Engineering Standards Manual, Fire Prevention Code or other pertinent code or ordinance enacted after the last review of the application.

(9)

(10)

Effect of Site Development Permits on Successors and Assigns. Development permits are transferable. However, so long as the land or structure or any portion thereof covered under the development permit continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the development permit) may make use of the land except in accordance with the conditions and requirements of the development permit. The provisions of the development permit run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

(11)

Amendment to an Approved Development Permit. An application to amend an approved development permit shall be processed and reviewed in the same manner as the application for the approved development permit.

(12)

Expiration. Development permits, unless otherwise provided in other applicable regulations, shall expire as provided below:

(a)

Building permits shall expire one hundred eighty (180) days after issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. Failure to obtain an approved inspection within one hundred eighty (180) days of the previous approved inspection shall constitute suspension or abandonment.

(b)

Clearing, grading, and tree removal permits shall expire one (1) year after issuance.

(c)

Commercial tree harvest permits shall expire one (1) year after issuance.

(d)

Right-of-way utilization permits shall expire in accordance with the terms of issuance, but shall automatically expire should any surety that is required terminate or fail to be in place.

(e)

Sign permits shall expire six (6) months after issuance.

(f)

Site construction permits shall expire one (1) year after issuance.

(g)

Special event permits shall expire immediately after the event.

(h)

Tree removal permits for individual residential lots shall expire one (1) year after issuance.

(i)

Restoration plan permits for individual residential lots shall expire one (1) year after issuance.

(j)

All other permits shall expire in accordance with the terms of issuance or the code or ordinance under which they were issued.

A time extension may be granted on the basis of good cause demonstrated to the Land Use Administrator or designee and the payment of all fees and the continuation of all permit conditions as well as any additional conditions that may be necessitated by the extension being granted,

(13)

Non-Conforming Situations. Notwithstanding any of the provisions of Article VII, this section shall be applicable to development permits issued prior to the date this section becomes effective.

(14)

Maintenance of All Areas, Improvements, and Facilities. The recipient of a development permit, or his successor, shall be responsible for maintaining all areas, improvements, or facilities required by this LDC or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority and fully implemented. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, drainage areas and recreational facilities must be properly maintained in order that they may be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading shall be maintained in a state of vigorous good health and immediately be replaced if dead or are destroyed. Canopy trees required for shading or buffering, shall be maintained according to their natural growth form and shall not be excessively pruned without approval from the City.

(C)

Building Permit A building permit authorizes the construction, erection, installation, alteration, enlargement, repair, demolition, movement, renovation, or placement of a building or structure. Building permit applications associated with a site development order shall include two (2) copies of the approved site development order and site development plan. A building permit associated with a site development order shall not be issued until the site development order has been issued. The issuance of a building permit shall be subject to the provisions of the Florida Building Code.

(D)

Clearing, Grading, and Tree Removal Permit A clearing, grading, and tree removal permit authorizes the removal of trees, clearing, filling, and/or grading of property. A clearing, grading, and tree removal permit is required for all subdivisions; individual development projects; and tree removal, clearing, filling and/or grading of undeveloped or developed land with no associated site development order or building permit.

(1)

Exemptions. The following activities shall not require the issuance of a clearing, grading, and tree removal permit:

(a)

Top dressing of lawns with marl, black dirt, sand, peat, or other similar material except in waterfront buffer areas, conservation easements or similar areas or tracts.

(b)

General mowing.

(c)

The removal of trees on public or private property under the express direction of the Land Use Administrator, Fire Chief, or Public Works Director within seventy-two (72) hours of an anticipated impact of a major storm (e.g., a hurricane) if the trees constitute a threat to the public safety or the efficient provision of public services in an emergency situation.

(d)

The removal of trees and plants within a licensed tree nursery that are planted for harvest if planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business.

(2)

Application. In addition to the other pertinent requirements of this LDC, an application for a clearing, grading, and tree removal permit shall set forth in detail the extent of the clearing, filling, or modification of grade; on-site trees and vegetation to be preserved; and the extent of the tree and vegetation removal for which the permit is desired.

(3)

Criteria. During the compliance review for a clearing, grading, and tree removal permit application, or any amendments thereto, the approving authority shall consider the following, as applicable to the activity specified in the application. The applicant shall be responsible for obtaining and submitting the following information:

(a)

The drainage of the area and stormwater runoff generated as a result of the modification.

(b)

The soil erosion potential of the modification and the best management practices proposed for reducing soil erosion.

(c)

The size, location, health and species of trees or other vegetation.

(d)

The need for state or other jurisdictional permits.

(e)

The extent to which existing vegetation and trees will be affected by the proposed activity and the appropriate measures to minimize the negative impacts.

(4)

Subdivisions. If the tree removal, clearing, grading, and/or filling of individual lots is not reviewed and approved with the issuance of a site development order or site construction permit for a subdivision, a clearing, grading, and tree removal permit must be issued for each individual lot within the subdivision.

(5)

Issuance of Clearing, Grading, and Tree Removal Permit. Prior to the issuance of a clearing, grading, and tree removal permit, the applicant shall stake out the property in accordance with the approved application. Trees and other vegetation to be removed shall be clearly identified. Trees and vegetation to be preserved shall be clearly identified with appropriate protective measures as required by this LDC. The City Arborist or other authorized City representative shall inspect the property to verify that no unauthorized clearing, grading, filling, or tree removal has taken place; appropriate barricades and demarcations are in place; and to ascertain whether or not field modification of the application is necessary to enhance tree preservation on the site. If all of the above work has been satisfactorily completed, the Land Use Administrator, City Arborist or other authorized City representative shall issue the permit.

(E)

Commercial Tree Harvest Permit Commercial tree harvest permits may be granted for the harvesting of trees associated with forestry management, tree harvests, and other similar commercial purposes in accordance with the requirements of this subsection and in zoning districts where such agricultural use is allowed. Commercial tree harvest permits may be requested in lieu of other tree removal permits where no development of the property is intended. Where development of the property is planned, the applicant shall address tree removal within the site development order review or normal tree removal processes. The Land Use Administrator, or designee, may grant commercial tree harvest permits as described below.

(1)

Whenever a property is under consideration for a permit, except any property designated agriculture on the future land use map, all owners of property adjacent to the property shall be given notice by mail. Such notice shall be mailed at least ten (10) days prior to the granting of the permit.

(2)

Following removal of the trees granted by the permit, the applicant shall within twelve (12) months implement reforestation or make application for development approval of the site. Where forestry or other agricultural use of the property is to continue, seedlings or other forestry or agricultural crops, including pasture, may be planted. Where forestry use is to be abandoned or in districts where it is not a permitted use, replacement of trees shall be required in accordance with this LDC.

(3)

The Land Use Administrator, or designee, may impose reasonable conditions where need is demonstrated. The City shall be guided by, but not restricted to, the following criteria in imposing such additional conditions:

(a)

The need to provide buffers to adjacent developed property;

(b)

The need to protect soils highly susceptible to soil erosion as identified by the soil survey of the county;

(c)

The need to protect slopes in excess of ten (10) percent, particularly near creeks and other bodies of water;

(d)

The need to protect existing wetlands, floodplains and flood channels and other environmentally sensitive areas; and

(e)

The need to preserve endangered, threatened or special concern animal and vegetative species, habitats and communities, rare hardwood hammocks, Heritage Canopy Trees or Champion Trees.

(F)

Right-of-Way Utilization Permits Right-of-way utilization permits are required for road, drainage, driveway, sidewalk and other construction activity within the City right-of-way. A single permit may be issued for all work covered by a site development order. A pre-construction meeting may be required. Inspections (with twenty-four (24) hours' notice) are required before, during, and at the end of construction.

(1)

General Guidelines. The guidelines listed below are general in nature with the specific construction requirements in the Engineering Standards Manual.

(a)

All subsurface utilities must provide a minimum of thirty-six (36) inches of cover unless otherwise approved by the Land Use Administrator.

(b)

No open cuts in pavement will be permitted without approval from the City Engineer.

(c)

All earthwork shall conform to the requirements of the Engineering Standards Manual.

(d)

All work beyond five (5) feet of a roadway must be compacted to conform to the requirements of the Engineering Standards Manual.

(e)

All concrete sidewalk and driveway construction shall be performed on compacted subgrade. Applicant must provide continuous on-site supervision until concrete has set sufficiently to eliminate the possibility of footprints or graffiti in the finish. Concrete that is damaged by sever marks shall be removed and replaced.

(f)

Bore and jack operations beneath the pavement and approved pavement cuts must be performed in the presence of an authorized City representative. Twenty-four (24)-hour notice is required.

(g)

All utility companies must be notified prior to excavation within an existing right-of-way and excavations must be coordinated and utility companies must notify the City of such work when accomplished by the them in pursuit of their permitted activities.

(2)

Type I Permit. Type I permits are issued for residential driveways, sidewalks, walls and fences.

(3)

Type II Permit. Type II permits are issued for road construction, stormwater facilities, and all final site improvements related to an approved development order.

(4)

Prohibitions.

(a)

Construction of substantial structures (such as walls) within the City right-of-way is prohibited.

(b)

Private signs are prohibited in the City right-of-way.

(5)

Time Limit. The permit shall be considered valid for sixty (60) days beginning on the date of issuance, except that permits attached to site development orders shall adhere to the expiration time frame of the site development order. If work does not commence before the expiration date, the permit shall be void and re-application will be necessary. Work must be completed by the completion date indicated on the application. Work that is not completed by that date may be subject to a stop work order, re-application, additional fee, or other remedy as may be required by the City.

(6)

Restoration. No person shall use City right-of-way or easement for any purpose without first obtaining a permit. In the event that the City rights-of-way or easements are used and/or construction takes place without a permit, the person shall remove any constructed facility, restore the area to its original condition and cease any non-permitted use, upon written notice of the City.

(7)

Utility Installation, Maintenance and Repair by Franchised Utilities. Utilities operating in accordance with a valid City franchise shall comply with Section 3.4(F)(1) in installing, maintaining and repairing any facilities authorized under the franchise. The franchised utility shall provide five (5) work days advance notice to the City Engineer of its intent to install underground utility lines in the City right-of-way within the franchise area and forty-eight (48) hours notice before maintaining or repairing utility lines or facilities in the City right-of-way. In the case of emergencies, notice shall be provided as soon as practicable thereafter. The notice shall clearly identify the locations of the installation.

(G)

Sign Permit A sign permit authorizes the installation, erection, construction, alteration or relocation of a sign consistent with the provisions of this LDC.

(H)

Site Construction Permit A site construction permit is required for all paving and utility construction.

(1)

Type I Permit. Type I permits are issued for individual driveways and similar work.

(2)

Type II Permit. Type II permits are issued for construction of new streets, new parking lots and restriping of existing parking lots, utility lines, and all other required site improvements. A preconstruction conference with the City is required for significant projects as determined by the City Engineer.

(3)

Inspection and Tests for Required Improvements and Facilities to Be Dedicated to the City.

(a)

Stage inspections and testing during construction of required improvements and facilities to be dedicated to the City shall be called for and it shall be the responsibility of the developer or his contractor to notify the Public Works Department and arrange for those inspections. Twenty-four-hour notice is required.

(b)

During construction and upon completion of the following construction stages, the contractor shall notify the Development Services Department for inspection before the next stage is begun:

(i)

Stage 1: Clearing and grubbing.

(ii)

Stage 2: Preparation of subgrade; underdrains; curb and gutter; inlets; box culverts; and all other concrete structures when steel is in place prior to pouring.

(iii)

Stage 3: Base course during construction or mixing, finishing base course prior to paving.

(iv)

Stage 4: Asphalt surface during placement.

(v)

Stage 5: Final inspection, including inspections of cleanup and dressing of right-of-way limits; sodding and/or seeding; street name signs and traffic control signs; and pavement markings.

(c)

The City accepts no responsibility or liability for the work, or for any contractual conditions involving acceptance, payment, or guarantees between the contractor and developer, by virtue of any inspection.

(d)

The City assumes no responsibility or commitment guaranteeing acceptance of the work, or for subsequent failure, by virtue of any inspection. If any aspect of the work being performed, however, does not comply with acceptable standards, corrections will be required as a condition for City acceptance.

(4)

Completion of Required Improvements. Upon completion of the above inspections, the following items shall be provided to the City:

(a)

Test results as required (unless provided by the City).

(b)

Maintenance bond in a form approved by the City Attorney for facilities to be conveyed to the City. The maintenance bond shall be in the amount of ten (10) percent of the construction cost. During that maintenance period, the owner/developer shall provide any maintenance required, including but not limited to the following:

(i)

Repair and replacement of any system component, failed section of paving, etc.

(ii)

Control of erosion, replacement of sod, removal of soil, washed onto pavement or into drainage system.

(iii)

Upon correction of all deficiencies, and approval of the City Engineer, the maintenance bond shall be released at the end of a two-year period.

(c)

Record drawings for all improvements both on and off-site, except for utilities not installed by or directed by the developer.

(d)

Certification by the project engineer that the project is substantially in compliance with approved plans.

(e)

The City shall schedule and conduct periodic inspections during the two-year maintenance period.

(I)

Special Event Permit All special events shall be required to obtain a special event permit from the City.

(1)

The Land Use Administrator shall review an application for a special event, activity or attraction for its potential impact on the surrounding neighborhood and the City as a whole. The Land Use Administrator may send copies of the application to other City departments as necessary. A special event permit is required, except as provided in Subsection (2), for events occurring outdoors on a site for the following activities:

(a)

Activities held within public right-of-way, including but not limited to, road races, block parties, and parades;

(b)

Activities held on non-City property with more than two hundred (200) attendees;

(c)

City signature event;

(d)

Non-profit events that requests off-site signage.

(2)

Exempt Activities The following events or activities are not required to obtain a special event permit from the City; however, the organizer shall comply with the permitting requirements of the Florida Building Code, Fire Prevention Code, and other City regulations applied by the City:

(a)

Events sponsored by the City as approved by a resolution adopted by the City Council;

(b)

Activities or programs implemented solely by the City as a government function;

(c)

Events organized by places of worship and public and private elementary, middle and high schools, provided all of the following conditions are met:

The activity is contained wholly within the limits of property owned by the place of worship or school;

ii.

The activity is organized by the place of worship or school;

iii.

The activity does not require City services for its implementation as determined by the Land Use Administrator.

(3)

Duration of the Activity. No Special Event Permit shall be issued for more than fourteen (14) consecutive days. The fourteen (14) consecutive days duration may be extended upon written request to the Land Use Administrator. No more than one (1) single non-reoccurring Special Event Permit shall be issued a within a calendar year.

(4)

Review Process.

(a)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review within a minimum of sixty (60) days prior to the proposed event.

(b)

Approval by the Land Use Administrator. Upon receiving a completed application, the Land Use Administrator shall route the application to the appropriate departments for review. Based on the comments from the departments and any previous code enforcement notices or violations issued related to a special event or to the Applicant or owner of the property the Land Use Administrator may approve an application and issue the special event permit or deny, the application. If a Special Event Permit is denied by the Land Use Administrator, the property owner or applicant may appeal the denial to the City Council in accordance with this LDC and with payment of the applicable fee.

(5)

Hold Harmless Agreement/Insurance. All applicants for a special event permit shall present documentation that demonstrates the availability of liability insurance coverage listing the City as additional insured as approved by the City's Risk Manager and City Attorney. The applicant shall maintain the liability insurance coverage for the duration of the event. The applicant shall present proof of liability insurance coverage and a release of liability approved by the City Attorney prior to obtaining a special event permit. All applicants shall present the insurance declaration page listing the City as additional insured. All applicants shall sign the City of Oviedo Estoppel Notice, Indemnification, Covenant and Hold Harmless Agreement. The approving authority may waive these requirement where such insurance is deemed unnecessary to protect the public, health, safety, and welfare and, similarly, a "hold harmless" clause is deemed unnecessary to protect the City against potential liability arising from the proposed special event.

(6)

Revocation. Any special event permit issued pursuant to this LDC is subject to revocation. A Special Event Permit may be revoked if the Land Use Administrator determines that:

The special event is being conducted in violation of any condition of the special event permit;

(b)

The special event organizer or any person associated with the event has failed to obtain any other permit or required documentation pursuant to the LDC and the conditions listed in the special event permit;

(c)

The special event permit was issued in error or contrary to controlling law;

(d)

The facts or assertions in the application have been falsified or misrepresented.

(7)

The applicant may appeal a revocation to the City Council in accordance with this LDC and with payment of the applicable fee.

(J)

Outdoor Sales Event. All outdoor sales of merchandise, not located within a permanent structure, shall be required to obtain an Outdoor Sales Event Permit.

(1)

Criteria. The Land Use Administrator shall review an application for an outdoor sales event activity for its potential impact on the City as a whole. The Land Use Administrator may send copies of the application to other City departments as necessary. An Outdoor Sales Event Permit is required for events occurring outdoors on a site for the following activities:

(a)

On sites where such sales were not approved in the approved site development order for such sales; and

(b)

The sale of items including, but not limited to, flowers, food, sidewalk tent sales, fireworks sales, and Christmas tree sales.

(2)

Duration of the Activity. No Outdoor Sales Event Permit shall be issued for more than thirty (30) consecutive days. No more than two (2) non-reoccurring Outdoor Sales Event Permit per parcel shall be issued a within a calendar year.

(3)

Review Process.

(a)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review within a minimum of sixty (60) days prior to the proposed event. The Development Services Director may extend the submittal deadline provided there is sufficient time for each department to fully review the application.

(b)

Approval by the Land Use Administrator. Upon receiving a completed application, the Land Use Administrator shall route the application to the appropriate departments for review. Based on the comments from the departments any previous code enforcement notices or violations issued related to the outdoor sales event or to the Applicant or owner of the property, the Land Use Administrator may approve an application and issue or deny the outdoor sales event permit. If an Outdoor Sales Event Permit is denied by the Land Use Administrator, the property owner or applicant may appeal the denial to the City Council in accordance with this LDC and with payment of the applicable fee.

(c)

[Proof of an approved Peddlers Permit.] All applicants for an Outdoor Sales Event permit shall provide proof an approved Peddlers Permit prior to the issuance of an Outdoor Sales Event permit.

(4)

Hold Harmless Agreement/Insurance. All applicants for an outdoor sales event permit shall present documentation that demonstrates the availability of liability insurance coverage listing the City as additional insured as approved by the City's Risk Manager and City Attorney. The applicant shall maintain the liability insurance coverage for the duration of the event. The applicant shall present proof of liability insurance coverage and a release of liability approved by the City Attorney prior to obtaining a special event permit. All applicants shall present the insurance declaration page listing the City as additional insured. All applicants shall sign the City of Oviedo Estoppel Notice, Indemnification, Covenant and Hold Harmless Agreement. The approving authority may waive these requirement where such insurance is deemed unnecessary to protect the public, health, safety, and welfare and, similarly, a "hold harmless" clause is deemed unnecessary to protect the City against potential liability arising from the proposed outdoor sales event.

(5)

Revocation. Any outdoor sales event permit issued pursuant to this LDC is subject to revocation. An Outdoor Sales Event Permit may be revoked if the Land Use Administrator determines that:

(a)

The outdoor sales event is being conducted in violation of any condition of the outdoor sales event permit;

(b)

The outdoor sales event organizer or any person associated with the event has failed to obtain any other permit or required documentation pursuant to the LDC and the conditions listed in the outdoor sales event permit;

(c)

The outdoor sales event permit was issued in error or contrary to controlling law;

(d)

The facts or assertions in the application have been falsified or misrepresented.

(e)

The applicant may appeal a revocation to the City Council in accordance with this LDC and with payment of the applicable fee.

(Ord. No. 1626 , § 4, 8-17-15; Ord. No. 1677 , § 2, 11-5-18)

Section 3.5. - Subdivisions.

(A)

General Requirements

(1)

Purpose. The purpose of this section is to establish procedures and standards for the subdivision of land within the City. No person may subdivide land except in accordance with the provisions of this section.

(2)

Approval of Subdivisions. The subdivision of land shall require the submittal and approval of one (1) of the following:

(a)

Statutory subdivision; or

(b)

Non-statutory subdivision.

(3)

Creation of Subdivision by Joint Owners of Land. Where it may subsequently become evident that a subdivision is being created by the recording of deeds by metes and bounds description of tracts of land, the City may, at its discretion, require all the owners involved to obtain City approval of the subdivision being so created or require all owners of record to jointly conform to the applicable provisions of this section.

(4)

Effect on Previously Platted Subdivisions. This LDC shall not affect subdivisions created and recorded prior to adoption of this LDC, but it shall apply to any re-subdividing of such prior subdivision.

(5)

Relationship of Deeds, Covenants, and Other Private Restrictions to the Regulations for the Subdivision of Land. It is not intended by the provisions of these regulations to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this article imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this article shall apply. The City shall not be responsible for enforcement of such deeds, covenants, or agreements.

(B)

Statutory Subdivision A statutory subdivision requires the review and approval of a preliminary subdivision plan and final engineering plan; and review, approval and recordation of a final plat per F.S. Ch. 177.

(1)

Preliminary Subdivision Plan. A preliminary subdivision plan (PSP) shall be approved upon the review, approval, and issuance of a site development order.

(2)

Final Engineering Plan. A final engineering plan may be approved upon the review, approval, and issuance of the site development order for the preliminary subdivision plan; or through the review and approval of a site construction type II permit.

(3)

Final Plat. A final plat shall be reviewed and approved in accordance with the requirements of this section and F.S. Ch. 177. An application for final plat approval shall include the following:

(a)

Application. An application for final plat approval shall include the following:

(i)

A final plat prepared in accordance with the requirements of F.S. Ch. 177.

(ii)

A site development order or a Construction Type II Permit for the required improvements.

(iii)

A performance guarantee shall be required from an applicant who chooses not to install the minimum required improvements prior to final plat approval. Whether facilities are to be conveyed or dedicated to the City and become part of the City's infrastructure upon which the public relies upon the City to have in place and maintain or are to be private in nature such that private parties such as property owners associations or homeowners association assume responsibility for maintenance, the performance guarantee shall ensure (in the event of default by the applicant) the proper installation of required landscaping, reclaimed water service, potable water service, sanitary sewer service, street, street lighting, recreation equipment, and all other improvements that are to be dedicated to the public, or those improvements that are essential for the development and use of the property in the event the improvements are to remain a private responsibility. The performance guarantee shall be submitted in one (1) of the following forms:

Cash Deposit: The applicant shall deposit with the City or place in an escrow bank account subject to the control of the City, cash in the full amount of one hundred twenty-five (125) percent of construction costs for the installation and completion of the required improvements as determined by either an estimate from the project engineer, or copy of the construction contract. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this article, the City, after sixty (60) calendar days written notice to the applicant, shall have the right to use such cash deposit or account to secure satisfactory completion of the required improvements; or

Irrevocable Letter of Credit: The applicant may furnish to the City an unconditional and irrevocable letter of credit, in an amount equal to one hundred twenty-five (125) percent of the total estimated cost of construction for the installation and completion of the required improvements. The letter of credit shall be issued to the City by a State of Florida or United States banking institution. In event of default by the applicant or failure of the applicant to complete such improvements within the time required by this article, the City, after sixty (60) days written notice to the applicant, shall have the right to use any funds resulting from drafts on the letter of credit to secure satisfactory completion of the required improvements; or

Performance and Payment Completion Bond: A performance and payment completion bond, including a payment of vendors clause, shall be furnished and payable to the City in the sum of one hundred twenty-five (125) percent of the total cost of the construction for the installation and completion of landscaping, streets, street and traffic control devices, markings, sidewalks, drainage facilities, street signs, reclaimed water, potable water and sewer facilities and other improvements as shown on the final construction plan. The bond is to run from the date construction begins until the improvements are accepted by the City. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this article, the City, after sixty (60) calendar days written notice to the applicant, shall have the right to use such bond to secure satisfactory completion of the required improvements.

(iv)

Covenants: Any protective deed covenants to be placed on the property shall be placed on the face of the plat or provided in a form suitable for recording as approved by the City Attorney.

(v)

Utility Service: Letters from utility companies stating that all easements are adequate.

(vi)

Title Certificate: A certificate of ownership together with all title documents referenced, signed by a licensed attorney at law or an abstract company, in a form approved by the City Attorney and, at a minimum, demonstrating:

That the parties executing plat are owners of the land embraced by the plat.

All mortgages, liens, or other encumbrances.

That all City taxes and assessments are paid to date.

Description of the plat is correct.

That no conflicting rights-of-way, easements or plats exist.

(b)

Review Process.

(i)

Pre-Application: It shall be the responsibility of the applicant to request and obtain all required application forms and information and pay all fees that constitute a sufficient application. Prior to submitting an application, the applicant may schedule a pre-application conference with the Land Use Administrator.

(ii)

Application Submittal: The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review.

(iii)

Sufficiency Review: Upon receipt of an application, the Land Use Administrator or designee shall conduct a sufficiency review to determine if the application contains all required forms, plans, supporting information, and fees. Following the review, the Land Use Administrator or designee will notify the applicant that the application is either sufficient or insufficient for review.

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iv)

Compliance Review:

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the requirements of F.S. Ch. 177;

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC.

If the order-approving authority determines that the application fails to comply with one (1) or more of the above requirements, it shall find the application non-compliant. Upon the issuance of a notice of non-compliance by Land Use Administrator, the applicant shall have sixty (60) days in which to submit an amended application addressing the non-compliance finding(s). Upon submittal of the amended application, the applicant shall pay a non-compliance review fee. Submittal of an amended application after sixty (60) days of the issuance of a notice of non-compliance shall constitute a new application. The applicant may also appeal the non-compliance finding(s) as provided for in in this LDC.

The applicant may amend the application prior to the order-approving authority's consideration of the application. The applicant may also agree to amend the application during the order-approving authority's consideration of the application. Said amendments must be made prior to the issuance of the site development order.

The compliance review shall be performed by the City Surveyor, the City Attorney, and the Land Use Administrator.

(v)

Progress Conferences: Any time after submitting an application and receiving a notification of sufficiency, the applicant may request a progress conference with the Land Use Administrator. Progress conferences are encouraged and may assist in expediting the approval process.

(vi)

Approval of the Final Plat: The City Council shall approve the proposed plat unless it finds that the plat or the proposed subdivision fails to comply with one (1) or more requirements of this LDC or that the final plat differs substantially from the preliminary subdivision plans and specifications approved by the City Council that authorized the development of the subdivision.

(vii)

Recording: Following approval by the City Council, the applicant shall record the final plat in Seminole County.

(4)

Vacation of Plats.

(a)

The owners of any land subdivided into lots may petition the City Council under the provisions of F.S. Ch. 177.101, to remove (vacate and abandon) the existing plat, or portion of a plat, from the official records of City. The applicant for vacating a plat, or a part of a plat, shall file a petition; proof of publication of notice of intent; certificate of title; statement of taxes and resolution; and shall pay the appropriate filing fee as established by the City Council. Following review by the City Attorney and appropriate departments, the petition shall be acted upon by the City Council.

(b)

The City Council may, on its own motion, order the vacation and abandonment of all or any part of the subdivision within its jurisdiction. Such action may include the vacation of streets or other parcels, provided that:

(i)

The subdivision plat was lawfully recorded more than five (5) years before date of such action by the City Council; and

(ii)

No more than ten (10) percent of the total subdivision or part thereof has been sold as lots by the original subdivider or his successor in title. Before acting on a proposal for vacation and abandonment of subdivided land, the City Council shall conduct a public hearing, with due public notice in accordance with F.S. Ch. 177.

(c)

No owner of any parcel of land in a subdivision shall be deprived by the vacation and abandonment of a plat, or a portion of a plat, of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has theretofore had access; provided, however, that such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto.

(5)

Replats and Re-Subdivisions.

(a)

[Changes to be labeled a replat.] Any change in a previously approved plat shall be labeled a replat, and a replat must conform with this part. An application for a replat shall be processed and reviewed in the same manner as the application for the Final Plat.

(b)

Substantially Similar Plats. If a platted area is proposed to be platted again and if the proposed plat is substantially similar in design, layout, and concept to the original plat, as determined by the Land Use Administrator and; if all lots, roads, and easements are in conformance, without variance, to this LDC or other appropriate standards, only a final plat complying with the requirements of these regulations needs to be filed.

(c)

Corrective Plats. In the event an appreciable error or omission in the data shown on any plat duly recorded under the provisions of this article and F.S. Ch. 177, is detected by subsequent examination or revealed by a retracement of the lines during the original survey of the lands shown on such recorded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omission was made. However, the affidavit must state that he or she has made a resurvey of the subject property in the recorded subdivision within the last ten (10) days and that no evidence existed on the ground that would conflict with the corrections as stated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that, in his or her opinion, should be substituted for the erroneous data shown on such plat or added to the data on such plat. Said affidavit shall be filed and recorded in accordance with F.S. Ch. 177.

(6)

Protection Against Defects.

(a)

Time Extensions. All required improvements for a project or each phase thereof shall be completed within a required time period from the date of preliminary subdivision plan approval. Time extensions for demonstrated good cause may be granted by the City Council upon the recommendation of the City Engineer. The applicant shall present a written request for extension to the Land Use Administrator. Each time extension shall not exceed the time period required and any extension shall be subject to all surety instruments relating to performance guarantees also being extended.

(b)

Inspections. After submittal of the final plat and supplementary material, an applicant may construct the required improvements subject to obtaining all required permits and development orders. The City Engineer shall be notified in advance of the date of commencement of such construction.

(i)

Inspection: Construction shall be performed subject to inspection by, and shall at all times be subject to, review by the City Engineer; however, this in no way shall relieve the applicant and his or her engineer of the responsibility for close field coordination and final compliance with the approved plans, specifications and the requirements of this ordinance.

(ii)

Construction Administration by Florida Registered Engineer: The applicant shall use a Florida registered engineer for complete administration of the construction of the required improvements. The applicant shall require progress reports and final certification of the construction of the required improvements from such engineer be filed with the Land Use Administrator.

(iii)

Right to Enter: The City Engineer or his or her duly authorized representative shall have the right, as a condition of approval, to enter upon the property for the purpose of inspecting the quality of materials and workmanship and reviewing the construction of required improvements during the progress of such construction.

(iv)

Stop Work Orders: The Land Use Administrator, the City Engineer or other duly appointed City Official shall have the authority to stop the work upon failure of the applicant or the project engineer to coordinate the construction of the required improvements as prescribed by this article. All stop work orders shall be reviewed by the City Attorney prior to issuance,

(v)

Final Inspections: Upon completion of the required improvements the applicant's engineer shall provide the City Engineer with a notice requesting final inspection of the required improvements, landscaping, and sign installations. The City Engineer may withhold or deny approval of certificates of occupancy relative to buildings and/or structures of a subdivision until the construction and installation of required improvements of that subdivision have been satisfactorily completed in accordance with this LDC.

(vi)

Certification of Construction: The required improvements shall not be considered complete until a completion certificate along with the final project records, including "as built" drawings have been furnished to, reviewed and approved by the City Engineer. The certificate shall be certified by the applicant's engineer stating that the required improvements were installed under his or her responsible direction and that the improvements conform to the approved construction plans and this LDC. The applicant's engineer shall also furnish a copy of each of the construction plans on a high quality, durable reproducible material acceptable to the City Engineer, showing the original design in comparison to the actual finished work and a copy of the measurements, tests and reports made on the work and material during the progress of the construction. This certification shall be a condition precedent to acceptance by the City of the offer of dedication of such facilities or improvements.

(7)

Conditions for Release of Applicant from Surety. As a condition for the final release of the applicant from the surety instrument(s) providing performance guarantees, the following must be furnished and all proposed releases shall be reviewed by the City Attorney prior to issuance.

(a)

A certification by the applicant's engineer that all work has been completed in strict accordance with the approved development plan and appropriate specifications along with the submission to the City Engineer of a complete set of "as built" drawings together with operating manuals and parts' lists for any mechanical installations made;

(b)

Evidence by reference to plat book and page that the approved final plat has been recorded;

(c)

A report from the City Engineer that he or she has found the work to be in accordance with the general provisions of the development plan;

(d)

A report by the applicant's surveyor that he or she has completed all the survey work required and that all requirements of F.S. Ch. 177 have been accomplished; and

(e)

A release from the contractor, engineer, surveyor and any other person or persons performing any service or furnishing any material for the subdivision that they will not file a lien on the subdivision for nonpayment of service or material charges.

(8)

Applicant's Failure to Complete Required Improvements.

(a)

In Cases Where Plat Has Not Been Recorded. Where an applicant has elected to install the required improvements prior to recording of the plat and fails to complete such improvements within the time limitations of this LDC, all approvals of the subdivision shall be null and void and the land use entitlements shall revert to their original state. No reference shall be made to the plat with respect to the sale of lots or issuance of building permits, unless and until the plat has been resubmitted with all of the supplementary material and approvals as herein prescribed have been granted.

(b)

In Cases Where Plat Has Been Recorded. When a plat has been recorded and the applicant fails to complete the required improvements as required by this LDC, the City may complete the required improvements under the performance guarantees provided by the applicant. In such case, the City Council shall direct the City Attorney to call upon the guarantees to secure satisfactory completion of the required improvements. Legal notice of such action shall be deemed to have been duly served upon posting of the property and mailing a notice to the address designated on the application. Upon the completion of the required improvements, the City Engineer shall report to the City Council, and the Council shall accept by resolution the dedications and maintenance responsibility as indicated on the plat. In such cases, the remaining guarantees posted by the applicant shall be retained for a period of two (2) years after completion in lieu of the agreement. Any defects occurring during this period shall be repaired using funds remaining in the guarantee.

(9)

Maintenance of Improvements.

(a)

Workmanship and Material Agreement. The applicant shall execute an agreement guaranteeing the required improvements against defect in workmanship and materials for two (2) years after acceptance of such improvements by the City Council. Said agreement shall be submitted to the Land Use Administrator along with the completion certificate and project records.

(b)

Default by Applicant. In the event of default in reasonable maintenance as determined by the City Engineer, the Land Use Administrator shall do either of the following:

(i)

Demand performance within ten (10) days; or

(ii)

Call the sureties required under this LDC and expend all sums as required without restriction or limitation to cure defaults or remove structures when required.

(10)

Procedure for Accepting Dedications. Approval of a final plat does not constitute acceptance by the City of the offer of dedication of any streets, sidewalks, parks, or other public facilities shown on a plat. The following procedures shall be used for accepting dedications.

(a)

Acceptance of the Dedications. The applicant shall apply to the City for acceptance of required improvements by the City Council. The acceptance of the dedication shall be subject to the inspection and approval of the City Engineer. Such acceptance shall occur only upon adoption of a resolution by the City Council which shall accept the subject dedications at such time as all improvements meet or exceed the standards set forth by this ordinance. The applicant's engineer shall furnish to the Land Use Administrator in writing a sealed and signed certificate, as approved by the City Attorney, stating that the required improvements have been completed in accordance with the approved plan and comply with this LDC and all other applicable codes and ordinances.

(b)

Inspection by the City Engineer. The City Engineer shall receive notice in adequate time to arrange for inspection prior to the beginning of construction and at appropriate staged intervals thereafter. The City Engineer may require laboratory or field tests as well as staged inspections at the expense of the applicant when appropriate. Any failure of work or materials to conform to the plans and specifications or failure to notify the City in time for indicated inspections shall be cause for the City Council to reject the facilities.

(c)

Recommendation of City Engineer. The City Engineer upon satisfactory completion, receipt of the applicant's engineer's completion certificate, affidavits from all contractors and others who furnished goods and services for the required improvements acknowledging payment in full therefore, and receipt of the agreement shall certify that the applicant has complied with all of the provisions of this LDC and shall recommend to the City Council the acceptance of the dedications and, when applicable, the maintenance of the required improvements.

(d)

Acceptance by the City Council. Upon recommendations by the City Engineer and the City Attorney, the City Council, by resolution, shall approve the subdivision, the dedications on the plat and the improvements or guarantees relating thereto.

(11)

Modifications. Any applicant may request a modification from strict compliance with subdivision requirements provided that such request does not conflict with the controlling requirements of F.S. Ch. 177. Such request for modification shall comply with the requirements and procedures set forth in this LDC. The request shall be in written form; accompany the proposed plan in question; identify the requirement or provision that is proposed to be modified; and fully explain the reasons that such modification should be permitted, as well as indicate what will be accomplished in lieu of the requirements. The Land Use Administrator has the authority to accept or reject such request based on reasonableness and sound and generally accepted land use planning practices and principles.

(a)

Resolution of Technical Issues. Upon acceptance of a request by an applicant as set forth above, the Land Use Administrator or designee shall have the authority to act upon a request for modification when such request is primarily of a technical nature. Such request must involve a technical specification or requirement such as but not limited to the type of materials, type or manner of application of materials, installation sequence, material performance, construction technique or requirement for specific construction feature. Further, the modification must not constitute a policy question. In granting such request for modification, the Land Use Administrator must make specific affirmative findings respecting each of the controlling criteria , and may prescribe appropriate conditions and safeguards, which shall become a part of the terms of subdivision approval.

(b)

Referral of Policy Issues to City Council. If the request of a modification regards a requirement or provision that is not determined to be a technical issue by the Land Use Administrator, such a request for modification shall be regarded as a policy issue. The Land Use Administrator shall refer requests for a modification regarding a policy issue to the City Council for action. The City Council shall render decisions regarding such modifications based on findings pursuant to the controlling criteria set forth in this LDC. In granting such modification, the City Council may prescribe appropriate conditions and safeguards, which shall become a part of the terms under which the subdivision is approved.

(c)

Criteria for Consideration of a Modification. Before any modification may be granted, the following criteria shall be met:

(i)

Purpose and Intent, Comprehensive Plan: The modification is consistent with the stated purpose and intent of these regulations and with the Comprehensive Plan.

(ii)

Public Interest, Adjacent Property: The modification would not have a significant adverse impact on the public interest, or on adjacent property.

(iii)

Specific Standards: No modification may be granted unless the applicant clearly shows the existence of one (1) or more of the following:

Superior Alternatives: The development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency, or performance.

Protection of Significant Features: The modification is necessary to preserve or enhance significant existing environmental or cultural features, such as trees, scenic areas, historic sites or public facilities, related to the development site.

Deprivation of Reasonable Use: Strict application of the requirement would deprive the owner of all reasonable use of the land to be subdivided, due to its unusual size, shape, topography, natural conditions, or location provided that:

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case, and

The unusual conditions involved are not the result of actions of the developer or property owner.

Technical Impracticality: Strict application of the requirement would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions or location, of the land or due to improved efficiency, performance, safety, or construction practices which will be realized by deferral of the installation of required improvement provided that:

The development will provide an alternative adequate to achieve the purposes of the requirement including but not limited to, security for the current construction cost, adjusted for inflation, of any required improvements which may be deferred; and,

Any unusual conditions creating the impracticality are not the result of the actions of the developer or property owner.

Regulation Has No Relationship to the Proposed Development or Its Impacts: Where all or any part of the regulation has no relationship to the needs of the subdivision, or to its impact on the public facilities, land use, traffic, or environment of the neighborhood and the general community, due to the location, scale, or type of development involved; provided, however, that any specific modification requirements set forth in these regulations are met.

Planned Unit Developments: If the subdivision relates to a planned residential or mixed use project and the regulation is inconsistent with the prior approvals of the planned unit development.

Non-Residential Subdivisions: If the subdivision relates to a non-residential development and the subdivision requirement is clearly applicable only to residential subdivisions in view of their unique needs, impacts, and characteristics.

(d)

Conditions for Approval. Reasonable conditions, and additional or alternative requirements, including but not limited to those relating to the provision of adequate security to ensure compliance, the dedication or reservation of land, or the provision of funds in lieu of installation of improvements or dedication or reservation of land, may be imposed in connection with the approval or any modification of any requirements under this LDC.

(C)

Non-Statutory Subdivision.

(1)

Criteria. Property, that has not been previously platted or property that is within an antiquated subdivision, may be subdivided into three (3) lots or less by means of a non-statutory subdivision application. In order for the Land Use Administrator to approve an application for non-statutory subdivision, the following criteria must be met.

(a)

The subdivision of the property will not create more than three (3) lots.

(b)

No new public or private rights-of-way are being created.

(c)

Each lot must conform to the minimum lot size, width, and setbacks of the applicable zoning district and other minimum lot requirements of this LDC.

(d)

Each new lot must have a minimum of twenty (20) feet of lot frontage directly accessing a public or private right-of-way (streets or alleys). If a joint access driveway is proposed, the driveway shall conform to the minimum requirements of the Engineering Standards Manual and Florida Fire Prevention Code, as applicable, and be implemented by means of a cross-access easement approved by the City Attorney.

(e)

If septic tanks are to be utilized, the applicant shall demonstrate the ability to obtain permits from the Seminole County Health Department for each lot.

(2)

Review Procedures.

(a)

Pre-Application. It shall be the responsibility of the applicant to request and obtain all application forms and documents and pay all fees that will be required for the type of application being submitted. Prior to submitting an application the applicant may schedule a pre-application conference.

(b)

(c)

Sufficiency Review.

(i)

Upon receipt of an application, the Land Use Administrator, or designee, shall conduct a sufficiency review to determine if the application contains all required forms, plans, supporting information, and fees. Following the review, the Land Use Administrator, or designee, will notify the applicant that the application is either sufficient or insufficient for review.

(ii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iii)

(d)

Compliance Review.

(i)

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC, Engineering Standards Manual, Florida Fire Prevention Code and other pertinent codes and ordinances.

(ii)

If the Land Use Administrator determines that the application fails to comply with one (1) or more of the above requirements, the application shall be found non-compliant. Upon the issuance of the notice of non-compliance, the applicant shall have sixty (60) days in which to submit an amended application addressing the non-compliance finding(s). Upon submittal of the amended application, the applicant shall pay a non-compliance review fee. Submittal of an amended application after sixty (60) days of the issuance of a notice of non-compliance shall constitute a new application. The applicant may also appeal the non-compliance finding(s) as provided for in this LDC.

(iii)

The applicant may amend the application prior to Land Use Administrator's consideration of the application. The applicant may also agree to amend the application during the Land Use Administrator's consideration of the application. Said amendments must be made prior to the recordation of the non-statutory subdivision affidavit. Amendments shall not be considered to be denials subject to the provisions of F.S. § 166.033.

(iv)

The Land Use Administrator may attach to the non-statutory subdivision affidavit any reasonable conditions or requirements in addition to those specified above. Such additional conditions or requirements shall be entered on the non-statutory subdivision affidavit and are enforceable in the same manner and to the same extent as the requirements specified above. If the applicant does not accept the conditions imposed, such action shall not constitute a denial under F.S. § 166.033.

(e)

Issuance of Non-Statutory Subdivision Affidavit. For purposes of this section, a non-statutory subdivision affidavit is issued when the Land Use Administrator delivers a copy of the fully executed affidavit to the applicant. When an application is found to be compliant, a non-statutory subdivision affidavit shall be issued by the Land Use Administrator to the applicant. The affidavit shall be signed by the Land Use Administrator. The applicant shall record the affidavit with Seminole County within fourteen (14) days of signature by the Land Use Administrator and pay the costs to record the site development order. The applicant shall provide a certified copy of the recorded affidavit to the Land Use Administrator upon recording.

(f)

(g)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, or Fire Prevention Code or other pertinent codes or ordinances enacted after the last review of the application.

(h)

(3)

Effect of Affidavit on Successors and Assigns. Non-statutory subdivision affidavits are transferable. However, so long as the land or any portion thereof covered under the affidavit continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the site development order) may make use of the land except in accordance with the conditions and requirements of the affidavit. The provisions of the affidavit run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

(4)

Amendment to an Approved Non-Statutory Subdivision. An application to amend an approved non-statutory subdivision shall be processed and reviewed in the same manner as the application for the approved non-statutory subdivision.

(D)

Lot Aggregation/Reconfiguration.

(1)

Two (2) or more contiguous parcels or lots, that have not been previously platted or that are within an antiquated subdivision, may be combined to create one (1) larger lot or parcel, or may be reconfigured. In order for the Land Use Administrator to approve an application for the Lot Aggregation/Reconfiguration, the following criteria must be met:

(a)

Does not include any lots or parcels which are illegally created; and

(b)

All lots or parcels subject to Lot Aggregation are under the same ownership; and

(c)

A newly aggregated or reconfigured lot or parcel must conform to the minimum lot size, width, and setbacks of the applicable zoning district and other minimum lot requirements of this LDC unless it is an existing non-conforming lot or parcel and the new lot or parcel reduces or maintains the non-conformity.

(2)

Review Procedures.

(a)

Pre-Application. It shall be the responsibility of the applicant to request and obtain all application forms and documents that will be required for the type of application being submitted. Prior to submitting an application the applicant may schedule a pre-application conference.

(b)

(c)

Sufficiency Review.

(i)

(ii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iii)

(d)

Compliance Review.

(i)

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC, Engineering Standards Manual, and Florida Fire Prevention Code.

(ii)

(iii)

(iv)

The Land Use Administrator may attach to the Lot Aggregation/Reconfiguration affidavit any reasonable conditions or requirements in addition to those specified above. Such additional conditions or requirements shall be entered on the Lot Aggregation/Reconfiguration affidavit and are enforceable in the same manner and to the same extent as the requirements specified above.

(e)

Issuance of Lot Aggregation/Reconfiguration Affidavit. For purposes of this section, a Lot Aggregation/Reconfiguration affidavit is issued when the Land Use Administrator delivers a copy of the fully executed affidavit to the applicant. When an application is found to be compliant, a Lot Aggregation/Reconfiguration affidavit shall be issued by the Land Use Administrator to the applicant. The affidavit shall be signed by the Land Use Administrator. The applicant shall record the affidavit with Seminole County within fourteen (14) days of signature by the Land Use Administrator and pay the costs to record the site development order. The applicant shall provide a certified copy of the recorded affidavit to the Land Use Administrator upon recording.

(f)

(g)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, or Fire Prevention Code adopted after the last review of the application.

(h)

(3)

Effect of Affidavit on Successors and Assigns. Lot Aggregation/Reconfiguration affidavits are transferable. However, so long as the land or any portion thereof covered under the affidavit continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the site development order) may make use of the land except in accordance with the conditions and requirements of the affidavit. The provisions of the affidavit run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

(Ord. No. 1626 , § 4, 8-17-15; Ord. No. 1677 , § 2, 11-5-18)

Oviedo City Zoning Code

ARTICLE III

DEVELOPMENT AGREEMENTS, ORDERS, AND PERMITS

Section 3.1.- Purpose.

This article sets forth the minimum requirements and procedures for obtaining approval for development agreements, orders, and permits.

Section 3.2. - Development Agreements.

(A)

General Requirements

(1)

(2)

Development agreements will generally:

(a)

Allow for multiple access points within the development.

(b)

Allow for diversification of uses, structures, and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

(c)

Allow for a reduction in energy costs through a more efficient use of land design.

(d)

Allow for the preservation of natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

(e)

Encourage an increase in the amount and use of open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional zoning districts.

(f)

Provide unique economic development, provision of public infrastructure or similar benefits to the City.

(3)

(4)

(5)

A development agreement shall be required for:

(a)

The development of property designated planned unit development on the official zoning map,

(b)

The sharing of infrastructure;

(c)

The development of property associated with a Master Land Use Plan; and

(d)

Phased development.

(6)

(B)

Application

(1)

Pre-Application Conference. Prior to the submitting an application for a development agreement, the applicant shall schedule and attend a pre-application conference.

(2)

(C)

(D)

Review and Recommendation by the City Attorney

(1)

(2)

(E)

Review and Recommendation by LPA

(1)

(2)

(F)

Review and Action by the City Council

(1)

(2)

(G)

Action Subsequent to Approval of the Agreement by the City Council

(1)

(2)

(H)

Recordation

(1)

(2)

(I)

Amendment or Termination of a Development Agreement

(1)

(2)

Statutory Development Agreements. A statutory development agreement may be amended or terminated per the requirements of Chapter 163, Florida Statutes.

(J)

Amendment to Comply with Relevant State or Federal Laws

(1)

(2)

(K)

Application of Subsequently Adopted Local Laws and Policies

(1)

Non-Statutory Development Agreements. Development that is subject to a non-statutory development agreement shall be subject to subsequently adopted City laws and policies.

(2)

(Ord. No. 1626 , § 4, 8-17-15)

Section 3.3. - Development Orders.

(A)

Development Orders

(1)

Development Orders include the following:

(a)

Site Development Order.

(b)

Redevelopment Site Development Order.

(c)

Special Exception Use Order.

(d)

Architectural Design Order.

(B)

Site Development Orders

(1)

(a)

New development.

(b)

Redevelopment.

(c)

Subdivision of land (more than three (3) lots).

(d)

Renovation (any increase in square footage and/or increase in impacts).

(e)

Change in use.

(f)

Any other action or approval required by the Land Use Administrator.

(2)

Application Process.

(a)

(b)

(3)

Sufficiency Review.

(a)

(b)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(c)

(4)

Compliance Review.

(a)

A sufficient application will undergo a compliance review to determine if the application:

(i)

Is consistent with the Comprehensive Plan; and

(ii)

(b)

(c)

(d)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Expiration. All site development orders, unless otherwise provided in the site development order, shall expire automatically if, within one (1) year after the issuance of such orders:

(a)

(b)

(c)

(12)

(a)

The site development order recipient has proceeded with due diligence and in good faith; and

(b)

Conditions have not changed so substantially as to warrant a new application.

(c)

The order approving authority may grant successive extensions for a maximum of twelve (12) months upon the same findings, subject to compliance concurrency management requirements of this LDC.

(13)

(C)

Redevelopment Site Development Order.

(1)

(a)

The Land Use Administrator is authorized to approve a Redevelopment Site Development Order meeting the following criteria:

(i)

The building size is less than five thousand (5,000) square feet or smaller; and

(ii)

Use has less than five hundred (500) Average Daily Trips; and

(iii)

A non-residential development not adjacent to a single family residential zoning district, excluding all Downtown Mixed Use Districts; and

(iv)

The building is not part of a larger development proposal, or poses special development issues that require the additional review, as determined by the Land Use Administrator.

(b)

If a Site Development Order does not meet the above criteria, it shall follow Section 3.3(A)(1)(a).

(c)

(i)

Buffer yard width up to twenty (20) percent of the minimum LDC requirement;

(ii)

Parking standards up to twenty (20) percent of the minimum LDC requirement;

(iii)

Architectural Standards up to twenty (20) percent of the minimum LDC requirement;

(D)

Special Exception Use Orders

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(i)

(ii)

(iii)

The development intensity and hours of operation shall be limited in accordance with traffic impact, visual compatibility, and natural site conditions.

(iv)

Convenient and safe pedestrian and non-motorized vehicular access must be provided.

(v)

The site must be serviced by central water and sewer.

(g)

(3)

Review Process. The review process shall be in accordance with LDC Section 3.3(B).

(4)

Powers and Duties of the Land Use Administrator, LPA, and City Council.

(a)

(b)

(c)

(5)

(6)

(7)

Extensions.

(a)

The City Council may extend for a period of twelve (12) months the date when a special exception use order would otherwise expire pursuant to Subsection 3.3(B), expiration, if it concludes that:

(i)

The special exception use order has not yet expired,

(ii)

The special exception use order recipient has proceeded with due diligence and in good faith, and

(iii)

Conditions have not changed so substantially as to warrant a new application.

(b)

The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Article IX.

(8)

(C)

Architectural Design Order

(1)

(a)

Mixed Use Development,

(b)

Multi-family Development ¹ ,

(c)

Townhome Development ¹ ,

(d)

Office Development, or

(e)

Commercial Development.

(2)

(3)

Architectural Design Order Application Submittal. Application submittal shall include the following:

(a)

Architectural plans, elevations, details and color renderings showing all sides of a building, and sample boards showing sample materials and colors.

(b)

(c)

A description of and justification for any requested deviation to a LDC minimum requirement.

(4)

Review and Recommendation.

(a)

Review Process. The Sufficiency and Compliance review process shall be in accordance with LDC Section 3.3(B)(3).

(b)

(c)

(5)

Issuance of Architectural Design Order.

(a)

An Architectural Design Order is issued when City Council approves the application. An approval of an Architectural Design Order allows the issuance of the Building Permit.

(6)

(7)

(8)

(9)

Expiration. All Architectural Design Orders, unless otherwise provided in the Architectural Design Order, shall expire within one (1) year after the issuance of such orders.

(10)

(a)

The Architectural Design Order has not yet expired;

(b)

The Architectural Design Order recipient has proceeded with due diligence and in good faith; and

(c)

Conditions have not changed so substantially as to warrant a new application.

(Ord. No. 1626 , § 4, 8-17-15)

Section 3.4. - Development Permits.

(A)

(1)

Building permit.

(2)

Clearing, grading, and tree removal permit.

(3)

Commercial tree harvest permit.

(4)

Right-of-way utilization permit.

(5)

Sign permit.

(6)

Site construction permit.

(7)

Special event permit.

(8)

Tree Removal for Individual Residential Lots.

(9)

Restoration Plan for Individual Residential Lots.

(B)

Review Process

(1)

Pre-Application. It shall be the responsibility of the applicant to request and obtain all required application forms and information that constitute a sufficient application. Prior to submitting an application, the applicant may schedule a pre-application conference with the Land Use Administrator, or designee.

(2)

(3)

Sufficiency Review.

(a)

(b)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(c)

(4)

Compliance Review.

(a)

A sufficient application will undergo a compliance review to determine if the application:

(i)

Is consistent with the Comprehensive Plan; and

(ii)

Complies with applicable requirements of this Land Development Code, Florida Building Code, Engineering Standards Manual, Florida Fire Prevention Code, or other applicable codes and standards.

(b)

If the approving authority determines that the application fails to comply with one (1) or more of the above requirements, it shall find the application non-compliant.

(c)

(d)

(5)

(6)

(7)

(8)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Florida Building Code, the Engineering Standards Manual, Fire Prevention Code or other pertinent code or ordinance enacted after the last review of the application.

(9)

(10)

(11)

(12)

Expiration. Development permits, unless otherwise provided in other applicable regulations, shall expire as provided below:

(a)

(b)

Clearing, grading, and tree removal permits shall expire one (1) year after issuance.

(c)

Commercial tree harvest permits shall expire one (1) year after issuance.

(d)

Right-of-way utilization permits shall expire in accordance with the terms of issuance, but shall automatically expire should any surety that is required terminate or fail to be in place.

(e)

Sign permits shall expire six (6) months after issuance.

(f)

Site construction permits shall expire one (1) year after issuance.

(g)

Special event permits shall expire immediately after the event.

(h)

Tree removal permits for individual residential lots shall expire one (1) year after issuance.

(i)

Restoration plan permits for individual residential lots shall expire one (1) year after issuance.

(j)

All other permits shall expire in accordance with the terms of issuance or the code or ordinance under which they were issued.

(13)

Non-Conforming Situations. Notwithstanding any of the provisions of Article VII, this section shall be applicable to development permits issued prior to the date this section becomes effective.

(14)

(C)

(D)

(1)

Exemptions. The following activities shall not require the issuance of a clearing, grading, and tree removal permit:

(a)

Top dressing of lawns with marl, black dirt, sand, peat, or other similar material except in waterfront buffer areas, conservation easements or similar areas or tracts.

(b)

General mowing.

(c)

(d)

(2)

(3)

(a)

The drainage of the area and stormwater runoff generated as a result of the modification.

(b)

The soil erosion potential of the modification and the best management practices proposed for reducing soil erosion.

(c)

The size, location, health and species of trees or other vegetation.

(d)

The need for state or other jurisdictional permits.

(e)

The extent to which existing vegetation and trees will be affected by the proposed activity and the appropriate measures to minimize the negative impacts.

(4)

(5)

(E)

(1)

(2)

(3)

(a)

The need to provide buffers to adjacent developed property;

(b)

The need to protect soils highly susceptible to soil erosion as identified by the soil survey of the county;

(c)

The need to protect slopes in excess of ten (10) percent, particularly near creeks and other bodies of water;

(d)

The need to protect existing wetlands, floodplains and flood channels and other environmentally sensitive areas; and

(e)

The need to preserve endangered, threatened or special concern animal and vegetative species, habitats and communities, rare hardwood hammocks, Heritage Canopy Trees or Champion Trees.

(F)

(1)

General Guidelines. The guidelines listed below are general in nature with the specific construction requirements in the Engineering Standards Manual.

(a)

All subsurface utilities must provide a minimum of thirty-six (36) inches of cover unless otherwise approved by the Land Use Administrator.

(b)

No open cuts in pavement will be permitted without approval from the City Engineer.

(c)

All earthwork shall conform to the requirements of the Engineering Standards Manual.

(d)

All work beyond five (5) feet of a roadway must be compacted to conform to the requirements of the Engineering Standards Manual.

(e)

(f)

Bore and jack operations beneath the pavement and approved pavement cuts must be performed in the presence of an authorized City representative. Twenty-four (24)-hour notice is required.

(g)

(2)

Type I Permit. Type I permits are issued for residential driveways, sidewalks, walls and fences.

(3)

Type II Permit. Type II permits are issued for road construction, stormwater facilities, and all final site improvements related to an approved development order.

(4)

Prohibitions.

(a)

Construction of substantial structures (such as walls) within the City right-of-way is prohibited.

(b)

Private signs are prohibited in the City right-of-way.

(5)

(6)

(7)

(G)

Sign Permit A sign permit authorizes the installation, erection, construction, alteration or relocation of a sign consistent with the provisions of this LDC.

(H)

Site Construction Permit A site construction permit is required for all paving and utility construction.

(1)

Type I Permit. Type I permits are issued for individual driveways and similar work.

(2)

(3)

Inspection and Tests for Required Improvements and Facilities to Be Dedicated to the City.

(a)

(b)

During construction and upon completion of the following construction stages, the contractor shall notify the Development Services Department for inspection before the next stage is begun:

(i)

Stage 1: Clearing and grubbing.

(ii)

Stage 2: Preparation of subgrade; underdrains; curb and gutter; inlets; box culverts; and all other concrete structures when steel is in place prior to pouring.

(iii)

Stage 3: Base course during construction or mixing, finishing base course prior to paving.

(iv)

Stage 4: Asphalt surface during placement.

(v)

Stage 5: Final inspection, including inspections of cleanup and dressing of right-of-way limits; sodding and/or seeding; street name signs and traffic control signs; and pavement markings.

(c)

(d)

(4)

Completion of Required Improvements. Upon completion of the above inspections, the following items shall be provided to the City:

(a)

Test results as required (unless provided by the City).

(b)

(i)

Repair and replacement of any system component, failed section of paving, etc.

(ii)

Control of erosion, replacement of sod, removal of soil, washed onto pavement or into drainage system.

(iii)

Upon correction of all deficiencies, and approval of the City Engineer, the maintenance bond shall be released at the end of a two-year period.

(c)

Record drawings for all improvements both on and off-site, except for utilities not installed by or directed by the developer.

(d)

Certification by the project engineer that the project is substantially in compliance with approved plans.

(e)

The City shall schedule and conduct periodic inspections during the two-year maintenance period.

(I)

Special Event Permit All special events shall be required to obtain a special event permit from the City.

(1)

(a)

Activities held within public right-of-way, including but not limited to, road races, block parties, and parades;

(b)

Activities held on non-City property with more than two hundred (200) attendees;

(c)

City signature event;

(d)

Non-profit events that requests off-site signage.

(2)

(a)

Events sponsored by the City as approved by a resolution adopted by the City Council;

(b)

Activities or programs implemented solely by the City as a government function;

(c)

Events organized by places of worship and public and private elementary, middle and high schools, provided all of the following conditions are met:

The activity is contained wholly within the limits of property owned by the place of worship or school;

ii.

The activity is organized by the place of worship or school;

iii.

The activity does not require City services for its implementation as determined by the Land Use Administrator.

(3)

(4)

Review Process.

(a)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review within a minimum of sixty (60) days prior to the proposed event.

(b)

(5)

(6)

Revocation. Any special event permit issued pursuant to this LDC is subject to revocation. A Special Event Permit may be revoked if the Land Use Administrator determines that:

The special event is being conducted in violation of any condition of the special event permit;

(b)

(c)

The special event permit was issued in error or contrary to controlling law;

(d)

The facts or assertions in the application have been falsified or misrepresented.

(7)

The applicant may appeal a revocation to the City Council in accordance with this LDC and with payment of the applicable fee.

(J)

Outdoor Sales Event. All outdoor sales of merchandise, not located within a permanent structure, shall be required to obtain an Outdoor Sales Event Permit.

(1)

(a)

On sites where such sales were not approved in the approved site development order for such sales; and

(b)

The sale of items including, but not limited to, flowers, food, sidewalk tent sales, fireworks sales, and Christmas tree sales.

(2)

(3)

Review Process.

(a)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review within a minimum of sixty (60) days prior to the proposed event. The Development Services Director may extend the submittal deadline provided there is sufficient time for each department to fully review the application.

(b)

Approval by the Land Use Administrator. Upon receiving a completed application, the Land Use Administrator shall route the application to the appropriate departments for review. Based on the comments from the departments any previous code enforcement notices or violations issued related to the outdoor sales event or to the Applicant or owner of the property, the Land Use Administrator may approve an application and issue or deny the outdoor sales event permit. If an Outdoor Sales Event Permit is denied by the Land Use Administrator, the property owner or applicant may appeal the denial to the City Council in accordance with this LDC and with payment of the applicable fee.

(c)

[Proof of an approved Peddlers Permit.] All applicants for an Outdoor Sales Event permit shall provide proof an approved Peddlers Permit prior to the issuance of an Outdoor Sales Event permit.

(4)

(5)

Revocation. Any outdoor sales event permit issued pursuant to this LDC is subject to revocation. An Outdoor Sales Event Permit may be revoked if the Land Use Administrator determines that:

(a)

The outdoor sales event is being conducted in violation of any condition of the outdoor sales event permit;

(b)

(c)

The outdoor sales event permit was issued in error or contrary to controlling law;

(d)

The facts or assertions in the application have been falsified or misrepresented.

(e)

The applicant may appeal a revocation to the City Council in accordance with this LDC and with payment of the applicable fee.

(Ord. No. 1626 , § 4, 8-17-15; Ord. No. 1677 , § 2, 11-5-18)

Section 3.5. - Subdivisions.

(A)

General Requirements

(1)

(2)

Approval of Subdivisions. The subdivision of land shall require the submittal and approval of one (1) of the following:

(a)

Statutory subdivision; or

(b)

Non-statutory subdivision.

(3)

(4)

(5)

(B)

(1)

Preliminary Subdivision Plan. A preliminary subdivision plan (PSP) shall be approved upon the review, approval, and issuance of a site development order.

(2)

(3)

Final Plat. A final plat shall be reviewed and approved in accordance with the requirements of this section and F.S. Ch. 177. An application for final plat approval shall include the following:

(a)

Application. An application for final plat approval shall include the following:

(i)

A final plat prepared in accordance with the requirements of F.S. Ch. 177.

(ii)

A site development order or a Construction Type II Permit for the required improvements.

(iii)

(iv)

Covenants: Any protective deed covenants to be placed on the property shall be placed on the face of the plat or provided in a form suitable for recording as approved by the City Attorney.

(v)

Utility Service: Letters from utility companies stating that all easements are adequate.

(vi)

That the parties executing plat are owners of the land embraced by the plat.

All mortgages, liens, or other encumbrances.

That all City taxes and assessments are paid to date.

Description of the plat is correct.

That no conflicting rights-of-way, easements or plats exist.

(b)

Review Process.

(i)

(ii)

(iii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iv)

Compliance Review:

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the requirements of F.S. Ch. 177;

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC.

The compliance review shall be performed by the City Surveyor, the City Attorney, and the Land Use Administrator.

(v)

(vi)

(vii)

Recording: Following approval by the City Council, the applicant shall record the final plat in Seminole County.

(4)

Vacation of Plats.

(a)

(b)

(i)

The subdivision plat was lawfully recorded more than five (5) years before date of such action by the City Council; and

(ii)

(c)

(5)

Replats and Re-Subdivisions.

(a)

(b)

(c)

(6)

Protection Against Defects.

(a)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(7)

(a)

(b)

Evidence by reference to plat book and page that the approved final plat has been recorded;

(c)

A report from the City Engineer that he or she has found the work to be in accordance with the general provisions of the development plan;

(d)

A report by the applicant's surveyor that he or she has completed all the survey work required and that all requirements of F.S. Ch. 177 have been accomplished; and

(e)

(8)

Applicant's Failure to Complete Required Improvements.

(a)

(b)

(9)

Maintenance of Improvements.

(a)

(b)

Default by Applicant. In the event of default in reasonable maintenance as determined by the City Engineer, the Land Use Administrator shall do either of the following:

(i)

Demand performance within ten (10) days; or

(ii)

Call the sureties required under this LDC and expend all sums as required without restriction or limitation to cure defaults or remove structures when required.

(10)

(a)

(b)

(c)

(d)

(11)

(a)

(b)

(c)

Criteria for Consideration of a Modification. Before any modification may be granted, the following criteria shall be met:

(i)

Purpose and Intent, Comprehensive Plan: The modification is consistent with the stated purpose and intent of these regulations and with the Comprehensive Plan.

(ii)

Public Interest, Adjacent Property: The modification would not have a significant adverse impact on the public interest, or on adjacent property.

(iii)

Specific Standards: No modification may be granted unless the applicant clearly shows the existence of one (1) or more of the following:

Superior Alternatives: The development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency, or performance.

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case, and

The unusual conditions involved are not the result of actions of the developer or property owner.

Any unusual conditions creating the impracticality are not the result of the actions of the developer or property owner.

Planned Unit Developments: If the subdivision relates to a planned residential or mixed use project and the regulation is inconsistent with the prior approvals of the planned unit development.

(d)

(C)

Non-Statutory Subdivision.

(1)

(a)

The subdivision of the property will not create more than three (3) lots.

(b)

No new public or private rights-of-way are being created.

(c)

Each lot must conform to the minimum lot size, width, and setbacks of the applicable zoning district and other minimum lot requirements of this LDC.

(d)

(e)

If septic tanks are to be utilized, the applicant shall demonstrate the ability to obtain permits from the Seminole County Health Department for each lot.

(2)

Review Procedures.

(a)

(b)

(c)

Sufficiency Review.

(i)

(ii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iii)

(d)

Compliance Review.

(i)

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC, Engineering Standards Manual, Florida Fire Prevention Code and other pertinent codes and ordinances.

(ii)

(iii)

(iv)

(e)

(f)

(g)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, or Fire Prevention Code or other pertinent codes or ordinances enacted after the last review of the application.

(h)

(3)

(4)

(D)

Lot Aggregation/Reconfiguration.

(1)

(a)

Does not include any lots or parcels which are illegally created; and

(b)

All lots or parcels subject to Lot Aggregation are under the same ownership; and

(c)

(2)

Review Procedures.

(a)

(b)

(c)

Sufficiency Review.

(i)

(ii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iii)

(d)

Compliance Review.

(i)

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC, Engineering Standards Manual, and Florida Fire Prevention Code.

(ii)

(iii)

(iv)

(e)

(f)

(g)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, or Fire Prevention Code adopted after the last review of the application.

(h)

(3)

(Ord. No. 1626 , § 4, 8-17-15; Ord. No. 1677 , § 2, 11-5-18)

Oviedo City Zoning Code

ARTICLE III

DEVELOPMENT AGREEMENTS, ORDERS, AND PERMITS

Section 3.1.- Purpose.

This article sets forth the minimum requirements and procedures for obtaining approval for development agreements, orders, and permits.

Section 3.2. - Development Agreements.

(A)

General Requirements

(1)

(2)

Development agreements will generally:

(a)

Allow for multiple access points within the development.

(b)

Allow for diversification of uses, structures, and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

(c)

Allow for a reduction in energy costs through a more efficient use of land design.

(d)

Allow for the preservation of natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

(e)

Encourage an increase in the amount and use of open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional zoning districts.

(f)

Provide unique economic development, provision of public infrastructure or similar benefits to the City.

(3)

(4)

(5)

A development agreement shall be required for:

(a)

The development of property designated planned unit development on the official zoning map,

(b)

The sharing of infrastructure;

(c)

The development of property associated with a Master Land Use Plan; and

(d)

Phased development.

(6)

(B)

Application

(1)

Pre-Application Conference. Prior to the submitting an application for a development agreement, the applicant shall schedule and attend a pre-application conference.

(2)

(C)

(D)

Review and Recommendation by the City Attorney

(1)

(2)

(E)

Review and Recommendation by LPA

(1)

(2)

(F)

Review and Action by the City Council

(1)

(2)

(G)

Action Subsequent to Approval of the Agreement by the City Council

(1)

(2)

(H)

Recordation

(1)

(2)

(I)

Amendment or Termination of a Development Agreement

(1)

(2)

Statutory Development Agreements. A statutory development agreement may be amended or terminated per the requirements of Chapter 163, Florida Statutes.

(J)

Amendment to Comply with Relevant State or Federal Laws

(1)

(2)

(K)

Application of Subsequently Adopted Local Laws and Policies

(1)

Non-Statutory Development Agreements. Development that is subject to a non-statutory development agreement shall be subject to subsequently adopted City laws and policies.

(2)

(Ord. No. 1626 , § 4, 8-17-15)

Section 3.3. - Development Orders.

(A)

Development Orders

(1)

Development Orders include the following:

(a)

Site Development Order.

(b)

Redevelopment Site Development Order.

(c)

Special Exception Use Order.

(d)

Architectural Design Order.

(B)

Site Development Orders

(1)

(a)

New development.

(b)

Redevelopment.

(c)

Subdivision of land (more than three (3) lots).

(d)

Renovation (any increase in square footage and/or increase in impacts).

(e)

Change in use.

(f)

Any other action or approval required by the Land Use Administrator.

(2)

Application Process.

(a)

(b)

(3)

Sufficiency Review.

(a)

(b)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(c)

(4)

Compliance Review.

(a)

A sufficient application will undergo a compliance review to determine if the application:

(i)

Is consistent with the Comprehensive Plan; and

(ii)

(b)

(c)

(d)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Expiration. All site development orders, unless otherwise provided in the site development order, shall expire automatically if, within one (1) year after the issuance of such orders:

(a)

(b)

(c)

(12)

(a)

The site development order recipient has proceeded with due diligence and in good faith; and

(b)

Conditions have not changed so substantially as to warrant a new application.

(c)

The order approving authority may grant successive extensions for a maximum of twelve (12) months upon the same findings, subject to compliance concurrency management requirements of this LDC.

(13)

(C)

Redevelopment Site Development Order.

(1)

(a)

The Land Use Administrator is authorized to approve a Redevelopment Site Development Order meeting the following criteria:

(i)

The building size is less than five thousand (5,000) square feet or smaller; and

(ii)

Use has less than five hundred (500) Average Daily Trips; and

(iii)

A non-residential development not adjacent to a single family residential zoning district, excluding all Downtown Mixed Use Districts; and

(iv)

The building is not part of a larger development proposal, or poses special development issues that require the additional review, as determined by the Land Use Administrator.

(b)

If a Site Development Order does not meet the above criteria, it shall follow Section 3.3(A)(1)(a).

(c)

(i)

Buffer yard width up to twenty (20) percent of the minimum LDC requirement;

(ii)

Parking standards up to twenty (20) percent of the minimum LDC requirement;

(iii)

Architectural Standards up to twenty (20) percent of the minimum LDC requirement;

(D)

Special Exception Use Orders

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(i)

(ii)

(iii)

The development intensity and hours of operation shall be limited in accordance with traffic impact, visual compatibility, and natural site conditions.

(iv)

Convenient and safe pedestrian and non-motorized vehicular access must be provided.

(v)

The site must be serviced by central water and sewer.

(g)

(3)

Review Process. The review process shall be in accordance with LDC Section 3.3(B).

(4)

Powers and Duties of the Land Use Administrator, LPA, and City Council.

(a)

(b)

(c)

(5)

(6)

(7)

Extensions.

(a)

The City Council may extend for a period of twelve (12) months the date when a special exception use order would otherwise expire pursuant to Subsection 3.3(B), expiration, if it concludes that:

(i)

The special exception use order has not yet expired,

(ii)

The special exception use order recipient has proceeded with due diligence and in good faith, and

(iii)

Conditions have not changed so substantially as to warrant a new application.

(b)

The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Article IX.

(8)

(C)

Architectural Design Order

(1)

(a)

Mixed Use Development,

(b)

Multi-family Development ¹ ,

(c)

Townhome Development ¹ ,

(d)

Office Development, or

(e)

Commercial Development.

(2)

(3)

Architectural Design Order Application Submittal. Application submittal shall include the following:

(a)

Architectural plans, elevations, details and color renderings showing all sides of a building, and sample boards showing sample materials and colors.

(b)

(c)

A description of and justification for any requested deviation to a LDC minimum requirement.

(4)

Review and Recommendation.

(a)

Review Process. The Sufficiency and Compliance review process shall be in accordance with LDC Section 3.3(B)(3).

(b)

(c)

(5)

Issuance of Architectural Design Order.

(a)

An Architectural Design Order is issued when City Council approves the application. An approval of an Architectural Design Order allows the issuance of the Building Permit.

(6)

(7)

(8)

(9)

Expiration. All Architectural Design Orders, unless otherwise provided in the Architectural Design Order, shall expire within one (1) year after the issuance of such orders.

(10)

(a)

The Architectural Design Order has not yet expired;

(b)

The Architectural Design Order recipient has proceeded with due diligence and in good faith; and

(c)

Conditions have not changed so substantially as to warrant a new application.

(Ord. No. 1626 , § 4, 8-17-15)

Section 3.4. - Development Permits.

(A)

(1)

Building permit.

(2)

Clearing, grading, and tree removal permit.

(3)

Commercial tree harvest permit.

(4)

Right-of-way utilization permit.

(5)

Sign permit.

(6)

Site construction permit.

(7)

Special event permit.

(8)

Tree Removal for Individual Residential Lots.

(9)

Restoration Plan for Individual Residential Lots.

(B)

Review Process

(1)

Pre-Application. It shall be the responsibility of the applicant to request and obtain all required application forms and information that constitute a sufficient application. Prior to submitting an application, the applicant may schedule a pre-application conference with the Land Use Administrator, or designee.

(2)

(3)

Sufficiency Review.

(a)

(b)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(c)

(4)

Compliance Review.

(a)

A sufficient application will undergo a compliance review to determine if the application:

(i)

Is consistent with the Comprehensive Plan; and

(ii)

Complies with applicable requirements of this Land Development Code, Florida Building Code, Engineering Standards Manual, Florida Fire Prevention Code, or other applicable codes and standards.

(b)

If the approving authority determines that the application fails to comply with one (1) or more of the above requirements, it shall find the application non-compliant.

(c)

(d)

(5)

(6)

(7)

(8)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Florida Building Code, the Engineering Standards Manual, Fire Prevention Code or other pertinent code or ordinance enacted after the last review of the application.

(9)

(10)

(11)

(12)

Expiration. Development permits, unless otherwise provided in other applicable regulations, shall expire as provided below:

(a)

(b)

Clearing, grading, and tree removal permits shall expire one (1) year after issuance.

(c)

Commercial tree harvest permits shall expire one (1) year after issuance.

(d)

Right-of-way utilization permits shall expire in accordance with the terms of issuance, but shall automatically expire should any surety that is required terminate or fail to be in place.

(e)

Sign permits shall expire six (6) months after issuance.

(f)

Site construction permits shall expire one (1) year after issuance.

(g)

Special event permits shall expire immediately after the event.

(h)

Tree removal permits for individual residential lots shall expire one (1) year after issuance.

(i)

Restoration plan permits for individual residential lots shall expire one (1) year after issuance.

(j)

All other permits shall expire in accordance with the terms of issuance or the code or ordinance under which they were issued.

(13)

Non-Conforming Situations. Notwithstanding any of the provisions of Article VII, this section shall be applicable to development permits issued prior to the date this section becomes effective.

(14)

(C)

(D)

(1)

Exemptions. The following activities shall not require the issuance of a clearing, grading, and tree removal permit:

(a)

Top dressing of lawns with marl, black dirt, sand, peat, or other similar material except in waterfront buffer areas, conservation easements or similar areas or tracts.

(b)

General mowing.

(c)

(d)

(2)

(3)

(a)

The drainage of the area and stormwater runoff generated as a result of the modification.

(b)

The soil erosion potential of the modification and the best management practices proposed for reducing soil erosion.

(c)

The size, location, health and species of trees or other vegetation.

(d)

The need for state or other jurisdictional permits.

(e)

The extent to which existing vegetation and trees will be affected by the proposed activity and the appropriate measures to minimize the negative impacts.

(4)

(5)

(E)

(1)

(2)

(3)

(a)

The need to provide buffers to adjacent developed property;

(b)

The need to protect soils highly susceptible to soil erosion as identified by the soil survey of the county;

(c)

The need to protect slopes in excess of ten (10) percent, particularly near creeks and other bodies of water;

(d)

The need to protect existing wetlands, floodplains and flood channels and other environmentally sensitive areas; and

(e)

The need to preserve endangered, threatened or special concern animal and vegetative species, habitats and communities, rare hardwood hammocks, Heritage Canopy Trees or Champion Trees.

(F)

(1)

General Guidelines. The guidelines listed below are general in nature with the specific construction requirements in the Engineering Standards Manual.

(a)

All subsurface utilities must provide a minimum of thirty-six (36) inches of cover unless otherwise approved by the Land Use Administrator.

(b)

No open cuts in pavement will be permitted without approval from the City Engineer.

(c)

All earthwork shall conform to the requirements of the Engineering Standards Manual.

(d)

All work beyond five (5) feet of a roadway must be compacted to conform to the requirements of the Engineering Standards Manual.

(e)

(f)

Bore and jack operations beneath the pavement and approved pavement cuts must be performed in the presence of an authorized City representative. Twenty-four (24)-hour notice is required.

(g)

(2)

Type I Permit. Type I permits are issued for residential driveways, sidewalks, walls and fences.

(3)

Type II Permit. Type II permits are issued for road construction, stormwater facilities, and all final site improvements related to an approved development order.

(4)

Prohibitions.

(a)

Construction of substantial structures (such as walls) within the City right-of-way is prohibited.

(b)

Private signs are prohibited in the City right-of-way.

(5)

(6)

(7)

(G)

Sign Permit A sign permit authorizes the installation, erection, construction, alteration or relocation of a sign consistent with the provisions of this LDC.

(H)

Site Construction Permit A site construction permit is required for all paving and utility construction.

(1)

Type I Permit. Type I permits are issued for individual driveways and similar work.

(2)

(3)

Inspection and Tests for Required Improvements and Facilities to Be Dedicated to the City.

(a)

(b)

During construction and upon completion of the following construction stages, the contractor shall notify the Development Services Department for inspection before the next stage is begun:

(i)

Stage 1: Clearing and grubbing.

(ii)

Stage 2: Preparation of subgrade; underdrains; curb and gutter; inlets; box culverts; and all other concrete structures when steel is in place prior to pouring.

(iii)

Stage 3: Base course during construction or mixing, finishing base course prior to paving.

(iv)

Stage 4: Asphalt surface during placement.

(v)

Stage 5: Final inspection, including inspections of cleanup and dressing of right-of-way limits; sodding and/or seeding; street name signs and traffic control signs; and pavement markings.

(c)

(d)

(4)

Completion of Required Improvements. Upon completion of the above inspections, the following items shall be provided to the City:

(a)

Test results as required (unless provided by the City).

(b)

(i)

Repair and replacement of any system component, failed section of paving, etc.

(ii)

Control of erosion, replacement of sod, removal of soil, washed onto pavement or into drainage system.

(iii)

Upon correction of all deficiencies, and approval of the City Engineer, the maintenance bond shall be released at the end of a two-year period.

(c)

Record drawings for all improvements both on and off-site, except for utilities not installed by or directed by the developer.

(d)

Certification by the project engineer that the project is substantially in compliance with approved plans.

(e)

The City shall schedule and conduct periodic inspections during the two-year maintenance period.

(I)

Special Event Permit All special events shall be required to obtain a special event permit from the City.

(1)

(a)

Activities held within public right-of-way, including but not limited to, road races, block parties, and parades;

(b)

Activities held on non-City property with more than two hundred (200) attendees;

(c)

City signature event;

(d)

Non-profit events that requests off-site signage.

(2)

(a)

Events sponsored by the City as approved by a resolution adopted by the City Council;

(b)

Activities or programs implemented solely by the City as a government function;

(c)

Events organized by places of worship and public and private elementary, middle and high schools, provided all of the following conditions are met:

The activity is contained wholly within the limits of property owned by the place of worship or school;

ii.

The activity is organized by the place of worship or school;

iii.

The activity does not require City services for its implementation as determined by the Land Use Administrator.

(3)

(4)

Review Process.

(a)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review within a minimum of sixty (60) days prior to the proposed event.

(b)

(5)

(6)

Revocation. Any special event permit issued pursuant to this LDC is subject to revocation. A Special Event Permit may be revoked if the Land Use Administrator determines that:

The special event is being conducted in violation of any condition of the special event permit;

(b)

(c)

The special event permit was issued in error or contrary to controlling law;

(d)

The facts or assertions in the application have been falsified or misrepresented.

(7)

The applicant may appeal a revocation to the City Council in accordance with this LDC and with payment of the applicable fee.

(J)

Outdoor Sales Event. All outdoor sales of merchandise, not located within a permanent structure, shall be required to obtain an Outdoor Sales Event Permit.

(1)

(a)

On sites where such sales were not approved in the approved site development order for such sales; and

(b)

The sale of items including, but not limited to, flowers, food, sidewalk tent sales, fireworks sales, and Christmas tree sales.

(2)

(3)

Review Process.

(a)

Application Submittal. The applicant shall submit a sufficient application including the application form, required plans, supporting information, power of attorney (to allow parties to act on behalf of the applicant and/or property owner), and all applicable fees to the Land Use Administrator for review within a minimum of sixty (60) days prior to the proposed event. The Development Services Director may extend the submittal deadline provided there is sufficient time for each department to fully review the application.

(b)

Approval by the Land Use Administrator. Upon receiving a completed application, the Land Use Administrator shall route the application to the appropriate departments for review. Based on the comments from the departments any previous code enforcement notices or violations issued related to the outdoor sales event or to the Applicant or owner of the property, the Land Use Administrator may approve an application and issue or deny the outdoor sales event permit. If an Outdoor Sales Event Permit is denied by the Land Use Administrator, the property owner or applicant may appeal the denial to the City Council in accordance with this LDC and with payment of the applicable fee.

(c)

[Proof of an approved Peddlers Permit.] All applicants for an Outdoor Sales Event permit shall provide proof an approved Peddlers Permit prior to the issuance of an Outdoor Sales Event permit.

(4)

(5)

Revocation. Any outdoor sales event permit issued pursuant to this LDC is subject to revocation. An Outdoor Sales Event Permit may be revoked if the Land Use Administrator determines that:

(a)

The outdoor sales event is being conducted in violation of any condition of the outdoor sales event permit;

(b)

(c)

The outdoor sales event permit was issued in error or contrary to controlling law;

(d)

The facts or assertions in the application have been falsified or misrepresented.

(e)

The applicant may appeal a revocation to the City Council in accordance with this LDC and with payment of the applicable fee.

(Ord. No. 1626 , § 4, 8-17-15; Ord. No. 1677 , § 2, 11-5-18)

Section 3.5. - Subdivisions.

(A)

General Requirements

(1)

(2)

Approval of Subdivisions. The subdivision of land shall require the submittal and approval of one (1) of the following:

(a)

Statutory subdivision; or

(b)

Non-statutory subdivision.

(3)

(4)

(5)

(B)

(1)

Preliminary Subdivision Plan. A preliminary subdivision plan (PSP) shall be approved upon the review, approval, and issuance of a site development order.

(2)

(3)

Final Plat. A final plat shall be reviewed and approved in accordance with the requirements of this section and F.S. Ch. 177. An application for final plat approval shall include the following:

(a)

Application. An application for final plat approval shall include the following:

(i)

A final plat prepared in accordance with the requirements of F.S. Ch. 177.

(ii)

A site development order or a Construction Type II Permit for the required improvements.

(iii)

(iv)

Covenants: Any protective deed covenants to be placed on the property shall be placed on the face of the plat or provided in a form suitable for recording as approved by the City Attorney.

(v)

Utility Service: Letters from utility companies stating that all easements are adequate.

(vi)

That the parties executing plat are owners of the land embraced by the plat.

All mortgages, liens, or other encumbrances.

That all City taxes and assessments are paid to date.

Description of the plat is correct.

That no conflicting rights-of-way, easements or plats exist.

(b)

Review Process.

(i)

(ii)

(iii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iv)

Compliance Review:

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the requirements of F.S. Ch. 177;

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC.

The compliance review shall be performed by the City Surveyor, the City Attorney, and the Land Use Administrator.

(v)

(vi)

(vii)

Recording: Following approval by the City Council, the applicant shall record the final plat in Seminole County.

(4)

Vacation of Plats.

(a)

(b)

(i)

The subdivision plat was lawfully recorded more than five (5) years before date of such action by the City Council; and

(ii)

(c)

(5)

Replats and Re-Subdivisions.

(a)

(b)

(c)

(6)

Protection Against Defects.

(a)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(7)

(a)

(b)

Evidence by reference to plat book and page that the approved final plat has been recorded;

(c)

A report from the City Engineer that he or she has found the work to be in accordance with the general provisions of the development plan;

(d)

A report by the applicant's surveyor that he or she has completed all the survey work required and that all requirements of F.S. Ch. 177 have been accomplished; and

(e)

(8)

Applicant's Failure to Complete Required Improvements.

(a)

(b)

(9)

Maintenance of Improvements.

(a)

(b)

Default by Applicant. In the event of default in reasonable maintenance as determined by the City Engineer, the Land Use Administrator shall do either of the following:

(i)

Demand performance within ten (10) days; or

(ii)

Call the sureties required under this LDC and expend all sums as required without restriction or limitation to cure defaults or remove structures when required.

(10)

(a)

(b)

(c)

(d)

(11)

(a)

(b)

(c)

Criteria for Consideration of a Modification. Before any modification may be granted, the following criteria shall be met:

(i)

Purpose and Intent, Comprehensive Plan: The modification is consistent with the stated purpose and intent of these regulations and with the Comprehensive Plan.

(ii)

Public Interest, Adjacent Property: The modification would not have a significant adverse impact on the public interest, or on adjacent property.

(iii)

Specific Standards: No modification may be granted unless the applicant clearly shows the existence of one (1) or more of the following:

Superior Alternatives: The development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency, or performance.

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case, and

The unusual conditions involved are not the result of actions of the developer or property owner.

Any unusual conditions creating the impracticality are not the result of the actions of the developer or property owner.

Planned Unit Developments: If the subdivision relates to a planned residential or mixed use project and the regulation is inconsistent with the prior approvals of the planned unit development.

(d)

(C)

Non-Statutory Subdivision.

(1)

(a)

The subdivision of the property will not create more than three (3) lots.

(b)

No new public or private rights-of-way are being created.

(c)

Each lot must conform to the minimum lot size, width, and setbacks of the applicable zoning district and other minimum lot requirements of this LDC.

(d)

(e)

If septic tanks are to be utilized, the applicant shall demonstrate the ability to obtain permits from the Seminole County Health Department for each lot.

(2)

Review Procedures.

(a)

(b)

(c)

Sufficiency Review.

(i)

(ii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iii)

(d)

Compliance Review.

(i)

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC, Engineering Standards Manual, Florida Fire Prevention Code and other pertinent codes and ordinances.

(ii)

(iii)

(iv)

(e)

(f)

(g)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, or Fire Prevention Code or other pertinent codes or ordinances enacted after the last review of the application.

(h)

(3)

(4)

(D)

Lot Aggregation/Reconfiguration.

(1)

(a)

Does not include any lots or parcels which are illegally created; and

(b)

All lots or parcels subject to Lot Aggregation are under the same ownership; and

(c)

(2)

Review Procedures.

(a)

(b)

(c)

Sufficiency Review.

(i)

(ii)

If the application is found sufficient, the notification shall inform the applicant of the requirements for compliance review.

(iii)

(d)

Compliance Review.

(i)

A sufficient application will undergo a compliance review to determine if the application:

Is consistent with the Comprehensive Plan; and

Complies with applicable requirements of this LDC, Engineering Standards Manual, and Florida Fire Prevention Code.

(ii)

(iii)

(iv)

(e)

(f)

(g)

Abated Application. An application shall be abated when no activity occurs for six (6) consecutive months. The Land Use Administrator shall issue a notice of abated application to the applicant. Any submittal after the issuance of a notice of abated application shall require the payment of an abated application fee and must comply with any amendments to this LDC, the Engineering Standards Manual, or Fire Prevention Code adopted after the last review of the application.

(h)

(3)

(Ord. No. 1626 , § 4, 8-17-15; Ord. No. 1677 , § 2, 11-5-18)