Pahokee City Zoning Code

ARTICLE II

ORGANIZATION, ADMINISTRATION, REVIEW, AND ENFORCEMENT

Sec. 14-20.- Decision-making and administrative authorities.

(a)

City commission.

(1)

Authority. In addition to the jurisdiction, authority and duties which may be conferred on the city commission by other provisions, the city commission of the City of Pahokee shall have the following duties and powers under this chapter:

To consider and enact development code regulations and an official zoning map;

To consider and enact, enact with modifications, repeal, partially repeal, or reject amendments to these regulations or official zoning map, provided that the city commission has first obtained the recommendation of the planning board;

To establish fees, charges, and expenses imposed by these development code regulations;

To enforce the development code regulations, provisions, and restrictions by appropriate administrative and legal action;

To appoint and confirm members of the city planning board, the board of adjustment, and such other boards or committees as may be required by this development code, as amended;

To hear and decide appeals from any orders, requirements, decision, or determinations made by the board of adjustment; and,

To hear and decide appeals from any orders, requirements, decision, or determinations made by the planning board concerning an application for a site plan review.

(b)

Planning board.

(1)

Establishment, composition, and terms. The planning board shall consist of seven (7) members who shall be electors of the city and shall serve without compensation. The city commission shall appoint each for a term of three (3) years. Each member shall hold office for the term for which appointed.

The absence of a member for three (3) consecutive meetings without an excuse approved by the chairman of the planning board and noted in the minutes, shall be deemed just cause for removal by the city commission.

Any member may be removed from office by the city commission with a majority vote.

If a vacancy occurs in the membership of the planning board, the city commission within twenty (20) days shall fill the vacancy for the unexpired term.

(2)

Authority. The planning board shall abide by all applicable provisions of chapter 166, Laws of Florida (City Charter) as amended.

(3)

Functions and powers. The functions and powers of the planning board shall include:

To keep the city commission and the general public informed and advised as to the physical development of the city;

To recommend to the city commission principles and policies for guiding action in the physical development of the city;

To conduct such public hearings as may be required to gather information necessary for the preparation, establishment, and maintenance of the comprehensive plan, as well as all other public hearings required by these regulations or required by the city commission;

To advise and consult with the director of community development in the preparation of a comprehensive plan; to consider it and amendments to it; and to recommend to the city commission the plan and amendments formulated, as well as proposed ordinances and regulations designed to promote orderly development consistent with the plan;

To advise and recommend on the preparation and adoption of a comprehensive plan for the city pursuant to chapter 166, Laws of Florida (City Charter), as amended, and by F.S. ch. 163.3161;

To recommend whether or not specific proposed developments conform to the principles and requirements of the comprehensive plan as to growth and improvement;

To consider all major and minor plats which subdivide lands and recommend acceptance, modification, or rejection of them, and to recommend regulations for the subdivision and platting of land;

To provide advice and recommendations to the city commission on each application for amendments to this chapter and the official zoning map;

To consider and approve, approve with modifications, or deny applications for site plan review;

As requested, to recommend to the city manager the appointment of a director community development;

To prepare in conjunction with the director of community development, the city manager, and the director of finance a list of capital improvements recommended for construction during the next fiscal year and the succeeding four (4) fiscal years. This list shall show the recommended order of priority, the year recommended for beginning and completing construction, and the estimated costs for each recommended improvement;

To consider all general plans for major landscaping proposed by the city or to be located on city property and to make recommendations with each plan; and,

To consider all questions involving the location, removal, or alternation in any works of art belonging to the city, including monuments, memorials, and statuary, that are not kept indoors or assigned hereby or by ordinance of the jurisdiction of another agency; and prior to the acceptance or rejection of any proposed gift to the city in the form of a monument or memorial, to approve or recommend modification or rejection of a sketch or plan thereof and the proposed location thereof.

(4)

Review of applications and amendments by the director of community development. No development application or amendment to this chapter, official zoning map or comprehensive plan shall be considered or authorized until the impact and extent thereof have been studied by the director of community development who shall have a minimum of thirty (30) days to provide a written report recommending approval, modification, or denial of the application or amendment and the reasons for said recommendation to the planning board and city commission.

(5)

Procedures. The planning board shall adopt rules of procedures, subject to any limitations prescribed by the city Charter, these regulations or ordinances. It shall select a chairman, secretary, and other officers and shall prescribe their duties and powers. Four (4) members shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time.

The planning board shall keep minutes of its proceedings, record the vote of each member on each question, and keep records of its discussion, findings, recommendations, and other official actions. All records or other accounts of meetings shall be public records and be filed with and available from the department of community development.

(c)

Board of adjustment.

(1)

Establishment, composition, and terms. The board of adjustment shall consist of seven (7) members who shall be electors of the city and shall serve without compensation. The city commission shall appoint each for a term of three (3) years. Each member shall hold office for the term for which appointed.

The absence of a member for three (3) consecutive meetings without an excuse approved by the chairman of the board adjustment and noted in the minutes, shall be deemed just cause for removal by the city commission.

Any member may be removed from office by the city commission for malfeasance, misfeasance, or nonfeasance in office, or for conduct unbecoming an officer whether connected or unconnected with official duties; provided, no member shall be removed except by affirmative vote of all except one (1) of the membership of the city commission. A hearing or vote for removal of any member shall not occur unless at least twenty (20) days have elapsed following service of written charges upon a member. Prior to a hearing or vote for removal, any member shall be provided at least ten (10) days notice.

If a vacancy occurs in the membership of the board of adjustment, the city commission within twenty (20) days shall fill the vacancy for the unexpired term.

(2)

Authority. The board of adjustment shall abide by all applicable provisions of chapter 166, Laws of Florida (City Charter) as amended.

(3)

Functions and powers. The functions and powers of the board of adjustment shall include:

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the director of community development in the enforcement of this chapter;

To reverse or affirm, in whole or in part, or modify the appeal from any order, requirement, decision, or determination of the director of community development;

To interpret the provisions of these regulations in such a way as to carry out the intent and purpose of the official zoning map and comprehensive plan;

To grant variances;

To consider and approve, approve with modifications, or deny applications for conditional use approval; and,

To compel the attendance of witnesses at hearings or meetings and to administer oaths.

(4)

Review of applications by the director of community development. No development application shall be considered or authorized until the impact and extent thereof have been studied by the director of community development who shall have a minimum of thirty (30) days to provide a written report recommending approval, modification, or denial of the application or amendment and the reasons for said recommendation to the board of adjustment.

(5)

Procedures. The board of adjustment shall adopt rules of procedures, subject to any limitations prescribed by the City Charter, these regulations or ordinances. It shall select a chairman, secretary, and other officers and shall prescribe their duties and powers. Four (4) members shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time.

The board of adjustment shall keep minutes of its proceedings, record the vote of each member on each question, and keep records of its discussion, findings, recommendations, and other official actions. All records or other accounts of meetings shall be public records and be filed with and available from the department of community development.

(d)

Office of the director of community development.

(1)

Appointment. The director of community development shall be the head of the department of community development and shall serve at the pleasure of the city manager.

(2)

Jurisdiction, authority, and duties. In addition to the jurisdiction, authority and duties which may be conferred on the director of community development by other provisions, the director of community development shall also have the following powers and duties under this chapter:

The director of community development shall receive, review, and approve certificates of compliance, land clearing permits, building permits, sign permits, and certificates of occupancy in accordance with the procedures in section 14-21;

The director of community development shall receive, review, and approve applications for administrative review in accordance with the procedures in section 14-23;

The director of community development, whenever a use is not specifically listed in article V. shall make a determination as to whether the proposed use is a use permitted by this ordinance, in accordance with article V;

The director of community development shall serve as staff planner to the planning board, the board of adjustment and the city commission, including the provision of aid and technical assistance in:

The processing and review of site plan review applications as provided in section 14-24;

The processing and review of applications for conditional use review as provided in section 14-25.;

The processing and review of applications for variances as provided in section 14-26;

The initiation, processing, and review of applications for the amendment to the text of this chapter as provided in section 14-27;

The initiation, processing, and review of applications for amendments to the official zoning map as provided in section 14-27;

The initiation, processing and review of comprehensive plan amendments as provided in section 14-28; and

The processing and review of applications for planned developments as provided in article VII.

The director of community development shall maintain the official zoning map series;

The director of community development shall maintain the official comprehensive plan and future land use map series;

The director of community development shall, whenever requested to do so by the city commission, conduct or cause to be conducted, with the assistance of other city departments if necessary, investigations, reports, surveys, studies, maps, charts, and recommendations with respect to matters before the city commission, the planning board, or the board of adjustment; and

The director of community development shall enforce the provisions of this chapter.

Sec. 14-21. - Certificates and permits.

(a)

Certificate of compliance.

(1)

Authority. The director of community development is authorized to issue a certificate of compliance that a proposed development complies with the provisions of the comprehensive plan and this chapter.

(2)

Purpose. The purpose for issuing a certificate of compliance with the provisions of the comprehensive plan and this chapter is to ensure that all proposed development within the city complies with provisions, goals, objectives and policies of the comprehensive plan and the provisions of this chapter.

(3)

Certificate of compliance required. A certificate of compliance shall be required prior the issuance of a land clearing permit, building permit or sign permit.

(4)

Procedure.

Upon application for a land clearing permit, building permit or sign permit, the director of community development shall have ten (10) working days in which to determine whether such application complies with the provisions, goals, objectives and policies of the comprehensive plan and the provisions of this chapter.

If the director of community development determines that a proposed development complies with the provisions, goals, objectives and polices of the comprehensive plan and the provisions of this code, he shall issue a certificate of compliance.

If the director of community development determines that a proposed development does not comply with the provisions, goals, objectives or policies of the comprehensive plan or the provisions of this chapter, the application shall be returned to the applicant accompanied by a written statement setting forth the provisions, goals, objectives or policies of the comprehensive plan or the provisions of this code with which the proposed development does not comply.

Failure of the director of community development to make a determination of compliance with the comprehensive plan and this chapter within ten (10) working days from receipt of an application as provided in subsection (a)(4)a. above, shall result in the approval and issuance of a certificate of compliance.

(5)

Effect of issuance. A certificate of compliance constitute s an official statement that the proposed development complies with the provisions, goals, objectives and policies of the comprehensive plan and the provisions of this chapter.

(6)

Expiration of certificate of compliance. A certificate of compliance issued in accordance with this section shall be valid for twelve (12) months from the date it is issued at which time it shall expire. Extensions of approved certificates of compliance shall require the submittal of a new application in accordance with the provisions of this section.

(7)

Appeals. Appeals of the issuance or denial of a certificate of compliance by the director of community development shall be made to the board of adjustment.

(b)

Land clearing permit.

(1)

Authority. The director of community development is authorized to issue a land clearing permit is accordance with the provisions set forth in this section.

(2)

Purpose. The purpose for issuing a land clearing permit is to protect the unnecessary destruction of vegetative and wildlife habitat and soils.

(3)

Land clearing permit required. A land clearing permit shall be required prior to any land clearing, land removing, or land filling activities, except those associated with agricultural practices in approved districts pursuant to article V or as part of legal nonconforming agricultural practices pursuant to article VI.

(4)

Procedure.

Application for a land clearing permit shall be made on forms provided by the community development department and contain all information required therein, including a written statement specifying the location of the property and reasons necessitating the land alteration.

The director of community shall determine, within ten (10) working days, whether the application complies with the following land clearing permit requirements:

A certificate of compliance has been obtained;

The proposed land clearing, including the removal of vegetation and trees, grading, filling, contouring, and similar actions, is necessary to allow the permitted use of the property;

The removal or alteration of trees is in accordance with the provisions of article IX;

Appropriate measures have been or will be taken to protect existing trees and vegetation in accordance with article IX.

If the director of community development determines that an application complies with the requirements of subsection (b)(4)b. above, he shall issue a land clearing permit.

If the director of community development determines that a proposed development does not comply with the requirements of subsection (b)(4)b. above, the application shall be returned to the applicant accompanied by a written statement setting forth the requirements with which the proposed development does not comply.

Failure of the director of community development to determine whether an application meets the requirements of this section within ten (10) working days from receipt of an application, shall result in the approval and issuance of a land clearing permit.

(5)

Effect of issuance. A land clearing permit constitutes an official statement that the proposed development complies with the requirements of this section.

(6)

Expiration of land clearing permits. A land clearing permit issued in accordance with this section shall be valid sixty (60) days from the date it is issued at which time it shall expire. Extensions of land clearing permits shall require the submittal of a new application in accordance with the provisions of this section.

(7)

Appeals. Appeals of the issuance or denial of a land clearing permit by the director of community development shall be made to the board of adjustment.

(c)

Building permit. The erection, alteration, or reconstruction of any building or structure shall not be commenced without obtaining a building permit from the director of community development in accordance with the provisions of section _____. No building permit shall be issued for development without a certificate of compliance. When application for a permit to erect, enlarge, alter, or reconstruct any building or structure has been filed, and a certificate of compliance obtained, the director of community development may, at his discretion, pending the issuance of such building permit, issue a special permit for the foundations of a building. The holder of such a foundation permit shall proceed at his own risk and without assurance that a permit for the superstructure will be granted.

(d)

Sign permit. The erection, alteration, reconstruction, or conversion of any sign shall not be commenced without obtaining a sign permit from the director of community development in accordance with the provisions of article X. No sign permit shall be issued without a certificate of compliance.

(e)

Certificate of occupancy. No building or structure shall inhabited, occupied or otherwise used for personal or commercial purposes without obtaining a certificate of occupancy from the director of community development.

Sec. 14-22. - Development by right.

(a)

Application requirements. All developments to be constructed by right shall make an application for a compliance certificate and a building permit in accordance with sections 14-21(a) and section 14-21(b).

(b)

Status of approval. The issuance of certificate of compliance and the approval of a building permit for a development by right constitutes an official statement that the proposed development is a development permitted by right in accordance with the provisions of the comprehensive plan and this chapter.

Sec. 14-23. - Administrative review.

(a)

Intent. This section sets forth procedures and standards for the director of community development review and approval, approval with conditions, or denial of those uses requiring administrative review. These procedures and standards are instituted to provide an opportunity to utilize property for an activity which is permitted throughout a zoning district, yet subject to certain additional standards not applicable to other uses in that district. The intent of administrative review is to provide for an informal review of proposed development to insure proper precautions and planning are taken to avoid a disruption in the area in which the development is to be located. These procedures and standards are adopted for the director of community development to follow in arriving at any administrative review decision.

(b)

Applicability. The procedures and standards established in this section for administrative review shall be applicable to the following:

(1)

The uses identified in article V as requiring administrative review and approval.

(c)

Administrative review authority. The director of community development shall review each application for an administrative review, and within twenty (20) days from receipt of a complete application shall do one of the following:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the director of community development deems proper and consistent with the applicable standards for administrative review and the comprehensive plan.

(5)

Return the application to the applicant with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with standards for administrative review and the comprehensive plan.

(6)

Establish such conditions as the director of community development deems necessary to ensure conformance with the administrative review standards.

Failure to take action within the twenty (20) day period shall constitute approval of an application without conditions.

(d)

Administrative review standards.

(1)

Interpretation of administrative review standards. Uses set forth in this chapter as requiring administrative review shall be deemed to be potentially adverse to surrounding land uses except in specific instances when the director of community development finds that all chapter standards have been or will be met. In those instances when the director of community development finds that all chapter standards for approval of a particular use at a specific location have been met, then the director of community development shall approve the use. If the director of community development finds that all of the chapter standards have not been met, then the use shall be denied.

(2)

Administrative review standards. The specific standards to be applied to each use requiring an administrative review are set forth in article V. These standards must be met as specified in article V, without exception. The director of community development is not authorized to reduce or waive any administrative review standard set forth in article V.

(e)

Determination if administrative review required. Prior to the issuance of a certificate of compliance, the director of community development shall determine whether or not administrative review is required pursuant to the provisions of this section. If administrative review is required, the applicant or applicant's agent shall be notified in writing and be permitted withdraw the request.

(f)

Procedures for submitting and processing applications. The director of community development shall receive, review and process applications for administrative review in accordance with the following:

(1)

Optional pre-application conference. A pre-application conference is suggested to all applicants to avoid unnecessary delays or confusion in the application and review processes. If requested, an informal meeting will be arranged among the applicant, community development department staff and other appropriate city staff to discuss the proposal and to review any preliminary plans the applicant may wish to present.

(2)

Application deadlines. Applications for administrative review may submitted at any time.

(3)

Application fee. Applications shall include all appropriate processing fees as approved by the city commission.

(4)

Application sufficiency. Within five (5) days of receipt, the director of community development shall review an application to determine whether or not it contains sufficient information to commence processing. An owner or agent with an insufficient application shall be notified by the director of community development within this time period of the those additional items required for processing.

(5)

Application processing. Applications deemed sufficient by the director of community development shall be acted upon within twenty (20) days of the date on which they were deemed sufficient. Failure of the director of community development to review a sufficient application within this period shall result in a recommendation of approval without conditions.

(6)

Written finding of fact. The director of community development shall provide a written finding of fact concerning an application and a final determination of approval, approval with conditions or denial. Determinations of approval with conditions or denial shall list those standards with which the application fails to comply and the remedies required to obtain compliance. Failure of the director of community development to provide such a finding of fact or final determination shall result in a determination of approval without conditions.

(7)

Public inspection of records. Applications submitted pursuant to the provisions of this section may be reviewed by the public or by any interested citizen, according to the provisions of F.S. ch. 119.

(g)

Application requirements.

(1)

Minimum application requirements. An application for administrative review shall be made on forms provided by the director of community development for such purpose and shall include all the following information at a minimum:

The name of the proposed development, if applicable;

The location of the site by street address and Palm Beach County Property Appraiser Property Control Number;

The name and signature of the legal owner of the development site, the nature or type of property ownership, and proof of ownership;

The name and signature of the agent acting on behalf of the legal owner and a written power of attorney granted to the agent regarding the development application;

The size of the parcel in acres and square feet;

The specific nature of the intended uses of the development site; and,

The zoning classification and future land use designation of the site as shown on the official zoning map and the adopted future land use map.

(2)

Additional application requirements. The director of community development may require one (1) or more of the following items to be submitted with an application in order to insure the administrative review standards are met.

The square footage of all existing and proposed uses on the development site individually and in aggregate;

The gross density and/or intensity in dwelling units per acre and/or floor area ratio (FAR);

The maximum lot coverage by structures permitted in accordance with article IV and article V, and the amount proposed;

The maximum amount of impervious surface area permitted in accordance with article IV and article V, and the amount proposed;

The minimum amount of landscaped area required to be provided in accordance with article IV and article V, and the amount proposed;

The minimum number of parking spaces required to be provided in accordance with article IV and article V, and the number proposed to be provided on-site and/or off-site;

The minimum number of trees and shrubs required to be provided in accordance with article V and article IX, and the number proposed;

A development schedule for all phases;

A location map which delineates the project boundaries on the Palm Beach County Property Appraiser Maps;

An aerial photograph of the site;

A boundary and topographic survey, with contour lines at one (1) foot intervals, prepared, signed, and sealed by a registered Florida Land Surveyor which shall contain:

Acreage certification of all land above the elevation of mean high water (MHW);

The mean high water line, where applicable;

The location of all submerged lands, if applicable.

A legal description.

A site plan drawing prepared in accordance with the specifications in section 14-24(h)(19);

A landscape plan prepared in accordance with the requirements of article IX;

Any information required elsewhere in this chapter; or,

Any other information deemed necessary by the director of community department for the reasonable review of the proposed development.

(h)

Withdrawal, continuation or resubmittal of applications.

(1)

Withdrawal of applications.

Any application for an administrative review may be withdrawn at any time by an applicant or designated agent by giving written notice to the director of community development. An application withdrawn after it has been deemed sufficient shall not be entitled to a refund of the application fee.

An application for administrative review may be amended at any time. A request for amendment to the application shall be made in writing to the director of community development. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and the director of community shall have an additional twenty (20) days to review the application.

(2)

Resubmittals. When an application for administrative review is denied by the director of community development, an application requesting approval of the same or different use requiring administrative review on the same property may be resubmitted at any time.

(i)

Records of applications and determinations.

(1)

Application records maintained. Application forms and all information submitted with each application shall be maintained by the community development department. All applications, exhibits, documents, materials, and papers submitted to the director of community development, written reports of any municipal employee or consultant, and the decision and report of the director of community development shall constitute the record. Persons may examine the record during normal business hours and obtain copies at their expense.

(j)

Action by the director of community development. The director of community development shall render his decision within a reasonable period as provided in this section. All actions of the director of community development shall include the recommendation or decision and the reason for the action.

(1)

Notification. Notification of the final decision on an application shall be mailed to the applicant and all interested parties. A copy of the final decision shall be filed in the community development department.

(k)

Status of conditional use review applications.

(1)

Status if approved.

Unless the decision of the director of community development is appealed, a certificate of compliance, land clearing permit, building permit, sign permit, or certificate of occupancy may be issued providing all other applicable requirements of the comprehensive plan and this chapter are fulfilled.

All plans, specifications and statements submitted with the application for administrative review shall become, with any changes ordered by the director of community development, a part of the conditions of any approval.

Conditions and requirements stated as part of the approval of a use requiring administrative review shall be a continuing obligation of holders of approval. The director of community development shall make periodic inspections of the approved use to determine continuing compliance with all required conditions.

(2)

Status if denied. Unless the decision of the director of community development is appealed, the application is denied. When an application is denied, a certificate of compliance, land clearing permit, building permit, or sign permit, or certificate of occupancy shall not be issued.

(l)

Administrative review approval effective period extension, and termination.

(1)

Effective period of administrative review approval. Administrative review approvals shall have an effective period of twelve (12) months from the date of approval during which period the recipient shall obtain building permits and commence construction of the approved use. Failure to obtain a building permit and commence construction within twelve (12) months from approval or failure to complete construction under the effective period of the first building permit obtained plus one (1) extension thereto shall result in the termination of the administrative review approval. Upon termination, no building permits shall be extended and no additional building permits shall be issued.

(2)

Extension of administrative review approval effective period. The director of community development may grant up to a six (6) month extension of the effective period of an administrative review approval upon a finding that all of the standards as provided in section 14-23(d) have been or will be met and that the use is consistent with the provisions of the comprehensive plan and this chapter. Only one (1) extension of each administrative review approval shall be permitted.

(3)

Termination of administrative review approval. Administrative review approval may be withheld or terminated upon a determination by the director of community development of the following:

Failure to comply with conditions or requirements of the administrative review approval; or,

Failure to correct violations of conditions or requirements of Administrative review approval within thirty (30) days following issuance of a citation or notice of violation.

(m)

Violations. Failure to abide all restrictions, stipulations, and safeguards required by the director of community development for approval shall be a violation of this section subject to enforcement and penalty procedures of this chapter.

(n)

Appeals.

(1)

Filing an appeal. Any person aggrieved or affected by a decision of the director of community development may appeal to the board of adjustment. Appeals shall be filed in writing with the director of community development within ten (10) days from the date of the decision by the director of community development and shall include the appropriate fee.

(2)

Appeal proceedings. Within sixty (60) days following receipt of an appeal by the director of community development, the board of adjustment shall hold a public hearing to consider the appeal. Within sixty (60) days after the public hearing, the board of adjustment shall act upon the appeal. At the public hearing, representation shall be limited to the affected or aggrieved person or a duly authorized attorney licensed to practice law in the state of Florida. To over turn a decision by the director of community development shall require five (5) affirmative votes of the board of adjustment.

Sec. 14-24. - Site plan review.

(a)

Intent. This section sets forth procedures and standards for the planning board review and approval, approval with conditions, or denial of site plan review applications. The purpose of these provisions is to promote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social, and economic compatibility with neighboring developments and conditions, as well as with the community at large and to prevent detrimental impacts to the natural environment on and off the site by providing for review and evaluation of site plans for all developments of the types listed in this section and elsewhere in this chapter. Although certain minimum standards are prescribed by specific provisions of this section, site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose specified for each zoning district while insuring privacy and safety on all levels.

(b)

Applicability. The procedures and standards established in this section for site plan review shall be applicable to the following:

(1)

The uses identified in article V as requiring site plan review.

(2)

All uses within the site plan review overlay district as identified on the official zoning map, which are not otherwise subject to review by the city commission or the board of adjustment.

(c)

Site plan review authority. The planning board shall review each application for a site plan review and the findings of the director of community development, and within sixty (60) days after the close of the public hearing shall do one (1) of the following:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the planning board deems proper and consistent with the applicable standards for site plan approval and the comprehensive plan.

(5)

Return the application to the director of community development with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with standards for site plan review and the comprehensive plan.

(6)

Continue the consideration of the application to a special date.

(7)

Establish such conditions as the planning board deems necessary to ensure conformance with the site plan review standards.

Failure to take action within the sixty (60) day period shall constitute approval of an application.

(d)

Site plan review standards. Site plans shall be reviewed using the following qualitative development standards.

(1)

Harmonious and efficient organization. All elements of a plan shall be organized harmoniously and efficiently in relation to topography, the size and type of the property affected, the character of adjoining property, and the type and size of buildings. The site shall be developed in a manner that will not impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(2)

Preservation of natural conditions. The landscape shall be preserved in its natural state, to the degree practical, by minimizing tree and soil removal and by other appropriate site planning techniques. Terrain and vegetation shall not be disturbed in a manner likely to increase significantly either wind or water erosion within or adjacent to a development site.

(3)

Screening and buffering. Fences, walls, or vegetative screening shall be provided where needed to protect residents and users from undesirable views, lighting, noise or other adverse off-site effects and to protect residents and users of off-site development from on-site adverse effects.

(4)

Enhancement of residential privacy. The site plan shall provide reasonable visual and auditory privacy for all dwelling units located within and adjacent to the site. Fences, walks, barriers and vegetation shall be arranged to protect and enhance the property and to enhance the privacy of occupants.

(5)

Emergency access. Structures and other site features shall be arranged to permit access by emergency vehicles to all buildings.

(6)

Access to public ways. All buildings, dwellings units and other facilities shall have safe and convenient access to public rights-of-way and/or other areas dedicated to common use.

(7)

Pedestrian circulation. When residential uses are included, a pedestrian circulation system shall be provided that is separated to the extent possible from the vehicular circulation system and that at a minimum shall conform to sidewalk standards of the city.

(8)

Design of access and egress drives. The location, size, and numbers of access drives to a site will be arranged to minimize any negative impacts on public and private ways and on adjacent private property. Traffic improvements shall be provided where they will significantly improve safety for vehicles and pedestrians.

(9)

Coordination of on-site circulation with off-site circulation. The arrangement of public or common ways for vehicular and pedestrian circulation shall be coordinated with the pattern of existing or planned streets and pedestrian or bicycle pathways in the area.

(10)

Design of public rights-of-way. Public streets and rights-of-way within a site shall be designed for maximum efficiency. They shall occupy no more land than is required to provide access, nor shall they unnecessarily fragment development into small blocks. Large developments containing extensive public rights-of-way shall provide a road network with local streets which provide direct access to individual parcels and other streets which provide no or limited direct access to individual parcels.

(11)

Exterior lighting. Exterior lighting shall not interfere with the quiet enjoyment of adjacent properties or the safety of public rights-of-way.

(12)

Protection of property values. All elements of a site plan shall be arranged to have a minimal negative impact on the property values of adjoining property.

(13)

Compatibility with comprehensive plan and development code. Plan shall be consistent with the city comprehensive plan and this chapter.

(e)

Uses subject to administrative review and site plan review. Uses which are subject to administrative review and site plan review shall, as a minimum application requirement for site plan review, comply with all administrative review standards. Failure to obtain administrative review approval pursuant to section 14-23 shall prohibit the submission of an application for site plan review.

As part of its review proceedings, the planning board may not waive or reduce any of the administrative review standards. The administrative review standards, however, may be increased by the planning board if deemed necessary for compliance with the site plan review standards.

(f)

Determination if site plan review required. Prior to the issuance of a certificate of compliance, the director of community development shall determine whether or not a site plan review is required pursuant to the provisions of this section. If site plan review is required, the applicant or applicant's agent shall be notified in writing and be permitted withdraw the request.

(g)

Procedures for submitting and processing applications. The director of community development shall receive, review and process applications for site plan review in accordance with the following:

(1)

(2)

Application deadlines. The planning board shall approve a schedule of site plan review meetings and their corresponding application deadlines.

(3)

Application fee. Applications shall include all appropriate processing fees as approved by the city commission.

(4)

Application sufficiency. Within ten (10) days of receipt, the director of community development shall review an application to determine whether or not it contains sufficient information to commence processing. An owner or agent with an insufficient application shall be notified by the director of community development within this time period of those additional items required for processing and the dates by which they must be received in order for the application to be heard at the meeting for which the application was made.

(5)

Application processing. Applications deemed sufficient by the director of community development shall be acted upon within forty-five (45) days of the date on which they were deemed sufficient. Failure of the director of community development to review a sufficient application within this period shall result in a recommendation of approval without conditions.

(6)

Written recommendation. The director of community development shall provide a written recommendation to the planning board and the findings upon which the recommendation is based, prior to the public hearing at which the application is to be considered by the planning board. Failure of the director of community development to provide such a recommendation shall result in a recommendation of approval without conditions.

(7)

(h)

Application requirements. An application for site plan review shall be made on forms provided by the director of community development for such purpose and shall include the following information and documentation, at a minimum:

(1)

The name of the proposed development, if applicable.

(2)

The location of the site by street address and Palm Beach County Property Appraiser Property Control Number.

(3)

The name and signature of the legal owner of the development site, the nature or type of property ownership, and proof of ownership.

(4)

The name and signature of the agent acting on behalf of the legal owner and a written power of attorney granted to the agent regarding the development application, if applicable.

(5)

The size of the parcel in acres and square feet.

(6)

The specific nature of the intended uses of the development site.

(7)

The square footage of all existing and proposed uses on the development site individually and in aggregate.

(8)

The gross density and/or intensity in dwelling units per acre and/or floor area ratio (FAR).

(9)

The zoning classification and future land use designation of the site as shown on the official zoning map and the adopted future land use map.

(10)

The maximum amount of lot coverage by structures permitted in accordance with article IV, and the amount proposed.

(11)

The maximum amount of impermeable surface area permitted in accordance with article IV, and the amount proposed.

(12)

The minimum amount of landscaped area required in accordance with article IV, and the amount proposed.

(13)

The minimum number of parking spaces required to be provided in accordance with article VII, and the number proposed to be provided on-site and/or off-site.

(14)

The minimum number of trees and shrubs required to be provided in accordance with article IX, and the number proposed to be provided on-site.

(15)

A development schedule for all phases.

(16)

A location map which delineates the project boundaries on the Palm Beach County Property Appraiser Maps.

(17)

An aerial photograph of the site.

(18)

A boundary and topographic survey, with contour lines at one (1) foot intervals, prepared, signed, and sealed by a registered Florida Land Surveyor which shall contain:

Acreage certification of all land above the elevation of mean high water (MHW);

The mean high water line, where applicable;

The location of all submerged lands, if applicable; and,

A legal description.

(19)

A site plan drawing on a sheet size of at least 24" x 36" and at a scale no smaller than 1" = 50'. For large projects a smaller scale generalized plot plan may be submitted as a cover sheet; however, detail sheets will be required. Detail sheets shall include the following information:

Location of the property by lot number, block number, and street address, if any;

The boundary lines of the property, the dimensions of the property, existing subdivisions, easements, roadways, rail lines, and public rights-of-ways;

Boundaries depicting construction phases, if applicable;

Building identification and dimensions (number of dwelling units if residential; floor area if non-residential);

The location, height, and use of all proposed and existing buildings and structures;

The approximate location and dimension of all proposed lots and all yard requirements;

The location and dimension of parking lots and loading areas;

The location and dimension of all waste disposal and water supply facilities;

The location of all drainage retention areas and major drainage improvements;

The location of all transportation improvements;

The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet around the property;

The location, type and height of all existing or proposed fences and walls;

The location, size and arrangement of all existing or proposed signs and lighting;

Proposed lot lines and plot designs, if applicable;

The location and type of any structure or paved area within fifty (50) feet of the outside property boundaries; and,

Any other information deemed necessary by the director of community development or review body for the reasonable review of the proposed development.

(20)

A landscape plan prepared in accordance with the requirements of article IX.

(21)

All information required elsewhere in this chapter.

(22)

Any other information deemed necessary by the director of community department or the planning board for the reasonable review of the proposed development.

(i)

Withdrawal, continuation or resubmittal of applications.

(1)

Withdrawal of applications.

An application for a site plan review may be withdrawn by an applicant or designated agent by giving written notice to the director of community development. An application may be withdrawn at a public hearing at the request of the applicant or designated agent. After the conclusion of the public hearing concerning an application, it may be withdrawn only upon a majority affirmative vote of the planning board. An application withdrawn after it has been deemed sufficient shall not be entitled to a refund of the application fee.

An application for a site plan review may be amended prior to the publication of notice of public hearing. A request for amendment to the application shall be made in writing to the director of community development. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and shall be considered at the next appropriate public hearing.

(2)

Continuation of applications. Any application may be continued for a period not to exceed sixty (60) days at the request of the planning board or director of community development if the authority requesting the continuation determines there is need for further study or information.

(3)

Resubmittals. When a application for site plan review approval is denied by the planning board, an application requesting approval of a new site plan on the same property may be resubmitted at any time.

(j)

Public hearing.

(1)

Required hearing. The planning board shall hold a public hearing prior to acting upon an application for site plan review.

(2)

Hearings schedule. The planning board shall approve a schedule of hearing dates.

(3)

Hearings agenda. At least fifteen (15) days prior to a scheduled hearing, the director of community development shall establish an agenda for the hearing which shall include all of those applications which have qualified to be heard in accordance with the provisions of this section.

(4)

Notice for hearings. Public notice shall be advertised in a newspaper with a general circulation in the City of Pahokee at least ten (10) days in advance of the public hearing. Written notice shall be provided by mail and postmarked at least fourteen (14) days in advance of the public hearing to all affected property owners and all persons who own real property within two hundred (200) feet of the property to be affected by the proposed action and whose addresses are known by reference to the latest approved ad valorem tax roll. Notice shall by provided by the director of community development.

(5)

Content of notices. Required notices shall indicate the date, time and location of the public hearing, a description of the substance of the subject matter that will be discussed, a legal description of the properties directly affected, a statement indicating the action the planning board is authorized to take, and a statement that the hearing may be continued from time to time as may be necessary. The advertisement shall also advise that interested parties may appear at the meeting and be heard regarding the proposed site plan.

(6)

Conduct of the hearing. All public hearings for site plan review shall be conducted in accordance with the following:

Rights of all persons. Any person may appear at a public hearing and submit documents, materials, and other written or oral testimony individually or as a representative of an organization. Persons who appear at a public hearing shall state their names, addresses, and the names and mailing addresses of any organizations they represent. The planning board may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the planning board and may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(k)

Records of proceedings.

(1)

Records maintained by city. All records of any proceedings of the planning board shall be filed as a part of the public records of the city.

(2)

Official minutes maintained. Minutes of proceedings shall be kept in which findings of fact, recommendations, and all determinations or decisions are to be recorded. These minutes shall be considered public records and maintained by the city.

(3)

Use of recording devices. All proceedings of the planning board shall be recorded electronically. Upon request and during normal business hours, any person may listen to the recordings of any proceedings. Transcriptions of proceedings may be obtained at the expense of the individual requesting such information.

(4)

Application records maintained. Application forms and all information submitted with each application shall be maintained by the community development department. The transcript of testimony, the minutes of proceedings, all applications, exhibits, documents, materials, and papers submitted to the community development department or the planning board, written reports of any municipal employee or consultant, and the decision and report of the director of community development and board of adjustment shall constitute the record. Persons may examine the record during normal business hours and obtain copies at their expense.

(l)

Action by the planning board. The planning board shall render its decisions within a reasonable period as provided in this section. All actions of the director of community development or the planning board shall include the recommendation or decision and the reason for the action.

(1)

(2)

Reconsideration of action. An action may be reconsidered by the planning board only upon a motion by a member who voted on the prevailing side of the original vote. The motion to reconsider may be seconded by any member.

(3)

Notice. Action on a question pending reconsideration must follow the notice provisions in section 14-24(j).

(m)

Status of site plan review applications.

(1)

Status if approved.

Unless the decision of the planning board is appealed, a certificate of compliance, land clearing permit, building permit, sign permit, or certificate of occupancy may be issued providing all other applicable requirements of the comprehensive plan and this chapter are fulfilled.

All plans, specifications and statements submitted with the application for site plan review approval shall become, with any changes ordered by the planning board, a part of the conditions of any approval.

Conditions and requirements stated as part of the approval of a site plan shall be a continuing obligation of holders of approval. The director of community development shall make periodic inspections of developments with approved site plans to determine continuing compliance with all required conditions.

(2)

Status if denied. Unless the decision of the planning board is appealed, the application is denied. When a application is denied, a certificate of compliance, land clearing permit, building permit, sign permit, or certificate of occupancy shall not be issued.

(n)

Site plan approval effective period extension, and termination.

(1)

Effective period of site plan approval. Site plan review approvals shall have an effective period of twelve (12) months from the date of approval during which period the recipient shall obtain building permits and commence construction of the approved use. Failure to obtain a building permit and commence construction within twelve (12) months from approval or failure to complete construction under the effective period of the first building permit obtained plus one (1) extension thereto shall result in the termination of the site plan review approval. Upon termination, no building permits shall be extended and no additional building permits shall be issued.

(2)

Extension of site plan approval effective period. The planning board may grant up to a six (6) month extension of the effective period of an approved site plan upon a finding that all of the standards as provided in section 14-2(d) have been or will be met and that the use is consistent with the provisions of the comprehensive plan and this chapter. Only one (1) extension of each site plan approval shall be permitted.

(3)

Termination of site plan approval. Site plan approval may be withheld or terminated upon a determination by the director of community development of the following:

Failure to comply with conditions or requirements of the site plan approval; or,

Failure to correct violations of conditions or requirements of site plan approval within thirty (30) days following issuance of a citation or notice of violation.

(o)

Violations. Failure to complete and maintain all approved elements of an approved site plan, including landscape, appearance, and other site development features, shall be a violation of this section subject to enforcement and penalty procedures of this chapter.

(p)

Appeals.

(1)

Filing an appeal. Any person aggrieved or affected by a decision of the planning board may appeal to the city commission. Appeals shall be filed in writing with the director of community development within ten (10) days from the date of the decision by the planning board and shall include the appropriate fee.

(2)

Appeal proceedings. Within sixty (60) days following receipt of an appeal by the director of community development, the city commission shall hold a public hearing to consider the appeal. Within sixty (60) days after the public hearing, the city commission shall act upon the appeal. At the public hearing, representation shall be limited to the affected or aggrieved person or a duly authorized attorney licensed to practice law in the state of Florida. To over turn a decision by the planning board shall require four (4) affirmative votes of the city commission.

Sec. 14-25. - Conditional use review.

(a)

Intent. This section sets forth procedures and standards for the board of adjustment review and approval, approval with conditions, or denial of conditional use applications. These procedures and standards are instituted to provide an opportunity to utilize property for an activity which, under usual circumstances, could be detrimental to other permitted land uses and which normally is not permitted within the same zoning district. A conditional use may be permitted under circumstances particular to the proposed location and subject to conditions which provide protection to adjacent land uses. These procedures and standards are adopted for the board of adjustment to follow in arriving at any conditional use decision.

(b)

Applicability. The procedures and standards established in this section shall be applicable to all uses which require conditional use approval as identified in article V.

(c)

Conditional use review authority. The board of adjustment shall review each application for conditional use approval and the findings and recommendations of the director of community development, and within sixty (60) days after the close of the public hearing shall do one (1) of the following:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the board of adjustment deems proper and consistent with the applicable standards for conditional use review and the comprehensive plan.

(5)

(6)

Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the twelve (12) month time limitation.

(7)

Continue the consideration of the application to a special date.

(8)

Establish such conditions as the board of adjustment deems necessary to ensure conformance with the conditional use standards.

Failure to take action within the sixty (60) day period shall constitute approval of an application.

(d)

Conditional use review standards.

(1)

Interpretation of conditional use standards. Uses set forth in this chapter as conditional uses shall be deemed to be adverse to the public interest except in specific instances when the board of adjustment finds that all chapter standards for approval of such uses have been or will be met. In those instances when the board of adjustment finds that all chapter standards for approval of a particular conditional use at a specific location have been met, then the board of adjustment shall approve the use.

(2)

Specific standards. The specific standards to be applied to each conditional use within each zoning district are set forth in article V. These standards shall be the minimum standards necessary for approval. of a conditional use.

(3)

General standards. The site plan review standards listed in section 14-24(d) shall be applied to all applications for a conditional use approval.

(4)

Standards for conditional uses in residential districts. Prior to approving any non-residential conditional use in any residential zoning district and prior to approving any more intensive residential conditional use in a less intensive residential zoning district, the board of adjustment will find, based on competent substantial evidence, that the proposed conditional use shall be consistent with all of the following requirements:

Location. The location of the conditional use will not be hazardous to or inconvenient to the residential character of the area in which it is to be located or to the long-range development of the district for the residential purposes intended.

Size and intensity. The size of the conditional use and the nature and intensity of the operations involved will not be hazardous or inconvenient to the residential character of the area in which it is to be located. The long-range development and maintenance of the district for residential purposes shall not be affected adversely.

Contiguous residential uses. The location of the conditional use will not result in the isolation of a small existing or planned residential area from other residential developments by its being completely or largely surrounded by arterial streets or nonresidential land uses.

Residential character. Buildings for the conditional use in a residential zoning district shall be designed and constructed in a manner similar to neighborhood residential structures. Design factors shall include building mass, height, materials, window arrangement, yards, and similar considerations.

(e)

Conditions and safeguards for conditional use approval. Conditional uses may be approved subject to additional reasonable conditions or limitations upon the establishment, location, construction, maintenance, or operation as may be necessary to protect the public interest.

(f)

Determination if conditional use review required. Prior to issuance of a certificate of compliance, the director of community development shall make a determination whether or not the proposed use is a conditional use in a zoning district and subject to review as provided in this section. If a conditional use review is required, the applicant or applicant's agent shall be notified in writing and be permitted to withdraw the request.

(g)

Procedures for submitting and processing applications. The director of community development shall receive, review and process applications for conditional use review in accordance with the following:

(1)

(2)

Simultaneous comprehensive plan amendment application permitted. An application for conditional use approval may be accompanied by an application for an amendment to the text of the comprehensive plan or future land use map series, where such amendment is necessary for consideration of the conditional use. Approval of the conditional use must be consistent with the provisions of this chapter, the official zoning map, or must be conditioned upon the approval of any necessary amendments thereto and the approval of any necessary amendments to the text of the comprehensive plan or future land use map series.

(3)

Simultaneous development code and official zoning map amendment application permitted. An application for conditional use approval may be accompanied by an application for an amendment to the text of this chapter or the official zoning map, where such amendment is necessary for the consideration of the conditional use. Approval of the conditional use shall be conditioned upon the approval of the necessary amendment to the text of this chapter or official zoning map.

(4)

Application deadlines. The board of adjustment shall approve a schedule of conditional use review meetings and their corresponding application deadlines.

(5)

Application fee. Applications shall include all appropriate processing fees as approved by the city commission.

(6)

(7)

(8)

Written recommendation. The director of community development shall provide a written recommendation to the board of adjustment and the findings upon which the recommendation is based, prior to the public hearing at which the application is to be considered by the board of adjustment. Failure of the director of community development to provide such a recommendation shall result in a recommendation of approval without conditions.

(9)

(h)

Application requirements. An application for conditional use review shall be made on forms provided by the director of community development for such purpose and shall include the following information and documentation, at a minimum:

(1)

The name of the proposed development, if applicable.

(2)

The location of the site by street address and Palm Beach County Property Appraiser Property Control Number.

(3)

The name and signature of the legal owner of the development site, the nature or type of property ownership, and proof of ownership.

(4)

The name of the agent acting on behalf of the legal owner and a written power of attorney granted to the agent regarding the development application, if applicable.

(5)

The size of the parcel in acres and square feet.

(6)

The specific nature of the intended uses of the development site.

(7)

The square footage of all existing and proposed uses on the development site individually and in aggregate.

(8)

The gross density and/or intensity in dwelling units per acre and/or floor area ratio (FAR).

(9)

The zoning classification and future land use designation of the site as shown on the official zoning map and the adopted future land use map.

(10)

The maximum amount of lot coverage by structures permitted in accordance with article IV, and the amount proposed.

(11)

The maximum amount of impermeable surface area permitted in accordance with article IV, and the amount proposed.

(12)

The minimum amount of landscaped area required in accordance with article IV, and the amount proposed.

(13)

The minimum number of parking spaces required to be provided in accordance with article VII, and the number proposed to be provided on-site and/or off-site.

(14)

The minimum number of trees and shrubs required to be provided in accordance with article IX, and the number proposed.

(15)

A development schedule for all phases.

(16)

A location map which delineates the project boundaries on the Palm Beach County Property Appraiser Maps.

(17)

An aerial photograph of the site.

(18)

A boundary and topographic survey, with contour lines at one (1) foot intervals, prepared, signed, and sealed by a registered Florida Land Surveyor which shall contain:

Acreage certification of all land above the elevation of mean high water (MHW);

The mean high water line, where applicable;

The location of all submerged lands, if applicable; and

A legal description.

(19)

A site plan drawing prepared in accordance with the specifications in section 14-24(h)(19).

(20)

A landscape plan prepared in accordance with the requirements of article IX.

(21)

A written statement which demonstrates compliance with all of the conditional use standards applicable to the use pursuant to section 14-25(d).

(22)

All information required elsewhere in this chapter.

(23)

Any other information deemed necessary by the director of community department or board of adjustment for the reasonable review of the proposed development.

(i)

Withdrawal, continuation or resubmittal of applications.

(1)

Withdrawal of applications.

An application for a conditional use review may be withdrawn by an applicant or designated agent by giving written notice to the director of community development. An application may be withdrawn at a public hearing at the request of the applicant or designated agent. After the conclusion of the public hearing concerning an application, it may be withdrawn only upon a majority affirmative vote of the board of adjustment. An application withdrawn after it has been deemed sufficient shall not be entitled to a refund of the application fee.

An application for conditional use review may be amended prior to the publication of notice of public hearing. A request for amendment to the application shall be made in writing to the director of community development. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and shall be considered at the next appropriate public hearing.

(2)

Continuation of applications. Any application may be continued for a period not to exceed sixty (60) days at the request of the board of adjustment or director of community development if the authority requesting the continuation determines there is need for further study or information.

(3)

Resubmittals. When a application for conditional use approval is denied by the board of adjustment, an application requesting approval of the same use on the same property shall not be resubmitted for a period of twelve (12) months following the date of denial. The board of adjustment may waive this provision if new circumstances or material changes affect the application.

(j)

Public hearing.

(1)

Required hearing. The board of adjustment shall hold a public hearing prior to acting upon an application for conditional use approval.

(2)

Hearings schedule. The board of adjustment shall approve a schedule of hearing dates.

(3)

(4)

(5)

Content of notices. Required notices shall indicate the date, time and location of the public hearing, a description of the substance of the subject matter that will be discussed, a legal description of the properties directly affected, a statement indicating the action the board of adjustment is authorized to take, and a statement that the hearing may be continued from time to time as may be necessary. The advertisement shall also advise that interested parties may appear at the meeting and be heard regarding the proposed conditional use.

(6)

Conduct of the hearing. All public hearings for conditional use approval shall be conducted in accordance with the following:

Rights of all persons. Any person may appear at a public hearing and submit documents, materials, and other written or oral testimony individually or as a representative of an organization. Persons who appear at a public hearing shall state their names, addresses, and the names and mailing addresses of any organizations they represent. The board of adjustment may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the board of adjustment and may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(k)

Records of proceedings.

(1)

Records maintained by city. All records of any proceedings of the board of adjustment shall be filed as a part of the public records of the city.

(2)

(3)

Use of recording devices. All proceedings of the board of adjustment shall be recorded electronically. Upon request and during normal business hours, any person may listen to the recordings of any proceedings. Transcriptions of proceedings may be obtained at the expense of the individual requesting such information.

(4)

Application records maintained. Application forms and all information submitted with each application shall be maintained by the community development department. The transcript of testimony, the minutes of proceedings, all applications, exhibits, documents, materials, and papers submitted to the community development department or board of adjustment, written reports of any municipal employee or consultant, and the decision and report of the director of community development and board of adjustment constitute the record. Persons may examine the record during normal business hours and obtain copies at their expense.

(l)

Action by board of adjustment. The board of adjustment shall render its decision within a reasonable period as provided in this section. All actions of the director of community development and board of adjustment shall include the recommendation or decision and the reason for the action.

(1)

(2)

Reconsideration of action. An action may be reconsidered by the board of adjustment only upon a motion by a member who voted on the prevailing side of the original vote. The motion to reconsider may be seconded by any member.

(3)

Notice. Action on a question pending reconsideration must follow the notice provisions in section 14-25(j).

(m)

Status of conditional use review applications.

(1)

Status if approved.

Unless the decision of the board of adjustment is appealed, a certificate of compliance, land clearing permit, building permit, sign permit, or certificate of occupancy may be issued providing all other applicable requirements of the comprehensive plan and this chapter are fulfilled.

All plans, specifications and statements submitted with the application for conditional use approval shall become, with any changes ordered by the board of adjustment, a part of the conditions of any approval.

Conditions and requirements stated as part of the approval of a conditional use shall be a continuing obligation of holders of approval. The director of community development shall make periodic inspections of conditional uses to determine continuing compliance with all required conditions.

(2)

Status if denied. Unless the decision of the board of adjustment is appealed, the application is denied. When an application is denied, a certificate of compliance, land clearing permit, building permit, sign permit, or certificate of occupancy shall not be issued.

(n)

Conditional use approval effective period extension, and termination.

(1)

Effective period of conditional use approval. Conditional use approvals shall have an effective period of twelve (12) months from the date of approval during which period the recipient shall obtain building permits and commence construction of the approved conditional use. Failure to obtain a building permit and commence construction within twelve (12) months from approval or failure to complete construction under the effective period of the first building permit obtained plus one (1) extension thereto shall result in the termination of the conditional use approval. Upon termination, no building permits shall be extended and no additional building permits shall be issued.

(2)

Extension of conditional use approval effective period. The board of adjustment may grant up to a six (6) month extension of the effective period of a conditional use approval upon a finding that all of the standards as provided in section 14-25(d) have been or will be met and that the use is consistent with the provisions of the comprehensive plan and this chapter. Only one (1) extension of each conditional use approval shall be permitted.

(3)

Termination of conditional use approval. Conditional use approval may be withheld or terminated upon a determination by the director of community development of the following:

Failure to comply with conditions or requirements of the conditional use approval; or

Failure to correct violations of conditions or requirements of conditional use approval within thirty (30) days following issuance of a citation or notice of violation.

(o)

Violations. Failure to abide by all restrictions, stipulations, and safeguards required by the board of adjustment for approval or to complete and maintain all approved elements or an approved site plan, including landscape, appearance, and other site development features or failure to maintain operations in accordance with any requirements, shall be a violation of this section subject to enforcement and penalty procedures of this chapter.

(p)

Appeals.

(1)

Filing an appeal. Any person aggrieved or affected by a decision of the board of adjustment may appeal to the city commission. Appeals shall be filed in writing with the director of community development within ten (10) days from the date of the decision by the board of adjustment and shall include the appropriate fee.

(2)

Appeal proceedings. Within sixty (60) days following receipt of an appeal by the director of community development, the city commission shall hold a public hearing to consider the appeal. Within sixty (60) days after the public hearing, the city commission shall act upon the appeal. At the public hearing, representation shall be limited to the affected or aggrieved person or a duly authorized attorney licensed to practice law in the state of Florida. To over turn a decision by the board of adjustment shall require four (4) affirmative votes of the city commission.

Sec. 14-26. - Variances.

(a)

Purpose and intent. A variance is a departure from the dimensional or numerical requirements of the chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards, lot coverage by structures, impervious surface area, or landscape requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted due to the presence of nonconformities in the zoning district or adjoining zoning districts.

(b)

Authorized variances. The board of adjustment shall have the authority to grant the following variances:

(1)

A variance in the development standards of any district where there are unusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions. However, such variance shall not seriously affect any adjoining property or the general welfare.

(2)

A variance when an owner can demonstrate that a strict application of the terms of this chapter relating to the construction or alteration of buildings or structures, the use of or relating to the use of the land will impose unusual and impractical difficulties, but not reduced financial value alone.

(c)

Unauthorized variances.

(1)

Use variance. A variance shall not be granted which would permit the establishment or expansion of a use in a district in which such use is not permitted by this chapter, or permit any use in a district expressly or by implication prohibited by the provisions of this chapter.

(2)

Conditional uses. A variance shall not be granted which would permit the establishment or expansion of a conditional use in any zoning district.

(3)

Nonconforming and noncomplying uses. Except as otherwise provided herein, a variance shall not be granted which relates in any way to a noncomplying or nonconforming use.

(4)

Definitions. A variance shall not be granted which modifies any definitions contained within this chapter.

(5)

Density. A variance shall not be granted which would result in an increase in density greater than that permitted in the applicable zoning district regulations.

(6)

Consistency with comprehensive plan. A variance shall not be granted which would be inconsistent with the comprehensive plan.

(7)

Parking. A variance from the parking requirements of this chapter shall not be granted.

(d)

Variance review authority. The board of adjustment shall review each application for a variance and the findings and recommendations of the director of community development, and within sixty (60) days after the close of the public hearing shall do one (1) of the following:

(1)

Grant the application in full.

(2)

Deny the application in full.

(3)

Grant the application in part.

(4)

Grant a modification of the application in such form as the board of adjustment deems proper and consistent with the applicable criteria for variance approval and the comprehensive plan.

(5)

Return the application to the director of community development with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with the criteria for variance approval and the comprehensive plan.

(6)

Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the twelve (12) month time limitation.

(7)

Continue the consideration of the application to a special date.

(8)

Establish such conditions as the board of adjustment deems necessary to ensure conformance with the criteria for granting variances.

An affirmative vote of six (6) members of the board of adjustment shall be required to grant an application in full, in part, or with conditions. Failure to take action within the sixty (60) day period shall constitute approval of an application.

(e)

Criteria for granting variances. As provided in F.S. ch. 166, to authorize any variance from the provisions of this chapter, the board of adjustment shall find all of the following:

(1)

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

(2)

The special conditions and circumstances do not result from the action of the applicant.

(3)

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

(4)

Literal interpretation of the provision of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant.

(5)

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

(6)

The grant of a variance will be in harmony with the general intent and purpose of these regulations and the comprehensive plan.

(7)

The variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(8)

The property cannot be put to a reasonable use which fully complies with the requirements of this code.

(9)

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

(10)

Financial hardship is not the only evidence of a hardship considered in the authorization of a variance.

(f)

Determination if a variance is required. Prior to the issuance of a certificate of compliance, the director of community development shall determine whether or not a variance is required and permitted pursuant to the provisions of this section. If a variance is required, the applicant or applicant's agent shall be notified in writing and be permitted to withdraw the request.

(g)

Restrictions, stipulations, and safeguards. The board of adjustment may make the authorization of a variance conditional upon such restrictions, stipulations and safeguards it deems necessary to insure its compliance with the purpose and intent of this chapter and its consistency with the comprehensive plan of the city. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. Such conditions, restrictions, stipulations, and safeguards may include but are not limited to a reasonable time limit within which the action for which the variance is sought shall begin or be completed or both, as well as provisions for extensions or renewals.

(h)

Procedures for submitting and processing applications. The director of community development shall receive, review and process applications for variances in accordance with the following:

(1)

(2)

Application deadlines. The board of adjustment shall approve a schedule of variance review meetings and their corresponding application deadlines.

(3)

Application fee. Applications shall include all appropriate processing fees as approved by the city commission.

(4)

(5)

(6)

Written report. The director of community development shall provide a written recommendation to the board of adjustment and the findings upon which the recommendation is based, prior to the public hearing at which the application is to be considered by the board of adjustment. Failure of the director of community development to provide such a recommendation shall result in a recommendation of approval without conditions.

(7)

(i)

Application requirements. An application for a variance shall be made on forms provided by the director of community development for such purpose and shall include the following information and documentation. The director of community development may waive one (1) or more of these informational requirements if the information is deemed to be irrelevant in the review of a specific variance request.

(1)

The name of the proposed development, if applicable.

(2)

The location of the site by street address and Palm Beach County Property Appraiser Property Control Number.

(3)

The name and signature of the legal owner of the development site, the nature or type of property ownership, and proof of ownership.

(4)

The name and signature of the agent acting on behalf of the legal owner and a written power of attorney granted to the agent regarding the development application, if applicable.

(5)

The size of the parcel in acres and square feet.

(6)

The specific nature of the intended uses of the development site.

(7)

The square footage of all existing and proposed uses on the development site individually and in aggregate.

(8)

The gross density and/or intensity in dwelling units per acre and/or floor area ratio (FAR).

(9)

The zoning classification and future land use designation of the site as shown on the official zoning map and the adopted future land use map.

(10)

Identification of the specific provisions of this chapter from which a variance is sought.

(11)

The nature and extent of the variance requested and an explanation of why it is necessary.

(12)

The grounds relied upon to justify the proposed variance.

(13)

A location map which delineates the project boundaries on the Palm Beach County Property Appraiser Maps.

(14)

An aerial photograph of the site.

(15)

A boundary and topographic survey, with contour lines at one (1) foot intervals, prepared, signed, and sealed by a registered Florida Land Surveyor which shall contain:

Acreage certification of all land above the elevation of mean high water (MHW);

The mean high water line, where applicable;

The location of all submerged lands, if applicable; and,

A legal description.

(16)

A site plan drawing prepared in accordance with the specifications of section 14-24(h)(19).

(17)

A landscape plan prepared in accordance with the requirements of article IX.

(18)

All information required elsewhere in this chapter.

(19)

Any other information deemed necessary by the director of community department or the board of adjustment for the reasonable review of the proposed variance.

(j)

Withdrawal, continuation or resubmittal of applications.

(1)

Withdrawal of applications.

An application for a variance may be withdrawn by an applicant or designated agent by giving written notice to the director of community development. An application may be withdrawn at a public hearing at the request of the applicant or designated agent. After the conclusion of the public hearing concerning an application, it may be withdrawn only upon a majority affirmative vote of the board of adjustment. An application withdrawn after it has been deemed sufficient shall not be entitled to a refund of the application fee.

An application for a variance as required by this section may be amended prior to the publication of notice of public hearing. A request for amendment to the application shall be made in writing to the director of community development. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and shall be considered at the next appropriate public hearing.

(2)

(3)

Resubmittals. When a application for a variance is denied by the board of adjustment, an application requesting a variance from the same requirement on the same property shall not be resubmitted for a period of twelve (12) months from the date of denial. The board of adjustment may waive this provision if new circumstances or material changes affect the application.

(k)

Public hearing.

(1)

Required hearing. The board of adjustment shall hold a public hearing prior to acting upon an application for a variance.

(2)

Hearings schedule. The board of adjustment shall approve a schedule of hearing dates.

(3)

(4)

(5)

Content of notices. Required notices shall indicate the date, time and location of the public hearing, a description of the substance of the subject matter that will be discussed, a legal description of the properties directly affected, a statement indicating the action the board of adjustment is authorized to take, and a statement that the hearing may be continued from time to time as may be necessary. The advertisement shall also advise that interested parties may appear at the meeting and be heard regarding the proposed variance.

(6)

Conduct of the hearing. All public hearings for variance review shall be conducted in accordance with the following:

Rights of all persons. Any person may appear at a public hearing and submit documents, materials, and other written or oral testimony individually or as a representative of an organization. Persons who appear at a public hearing shall state their names, addresses, and the names and mailing addresses of any organizations they represent. The board of adjustment may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by a counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the board of adjustment and may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(l)

Records of proceedings.

(1)

Records maintained by city. All records of any proceedings of the board of adjustment shall be filed as a part of the public records of the city.

(2)

Official minutes maintained. Minutes of proceedings shall be kept, in which findings of fact, recommendations, and all determinations or decisions are to be recorded. These minutes shall be considered public records and maintained by the city.

(3)

(4)

Application records maintained. Application forms and all information submitted with each application shall be maintained by the community development department. The transcript of testimony, the minutes of proceedings, all applications, exhibits, documents, materials, and papers submitted to the community development department or the board of adjustment, written reports of any municipal employee or consultant, and the decision and report of the director of community development and board of adjustment shall constitute the record. Persons may examine the record during normal business hours and obtain copies at their expense.

(M)

Action by the board of adjustment. The board of adjustment shall render its decision within a reasonable period as provided in this section. All actions of the director of community development and the board of adjustment shall include the recommendation or decision and the reason for the action.

(1)

Notification. Notification of the final decision on an application shall be mailed to the applicant and all interested parties. A copy of the final decision shall be filed, in the community development department.

(2)

(3)

Notice. Action on a question pending reconsideration must follow the notice provisions in section 14-26(k).

(n)

Status of variance applications.

(1)

Status if approved.

All plans, specifications and statements submitted with the application for a variance shall become, with any changes ordered by the board of adjustment, a part of the conditions of any approval.

Conditions and requirements stated as part of the approval of a variance shall be a continuing obligation of holders of approval.

(2)

(o)

Variance approval effective period and extensions.

(1)

Effective period of a variance approval. Variance approvals shall have an effective period of twelve (12) months from the date of approval during which period the recipient shall obtain building permits and commence construction. Failure to obtain a building permit and commence construction within twelve (12) months from approval, or failure to complete construction under the effective period of the first building permit obtained plus one (1) extension thereto shall result in the termination of the variance approval. Upon termination, no building permits shall be extended and no additional building permits shall be issued.

(2)

Extension of variance approval effective period. The board of adjustment may grant up to a six (6) month extension of the effective period of a variance approval upon a finding that all of the criteria as provided in section 14-26(e) have been or will be met and that the use is consistent with the provisions of the comprehensive plan and this chapter. Only one (1) extension of each variance approval shall be permitted.

(p)

Violations. Failure to abide by all restrictions, stipulations, and safeguards required by the board of adjustment for approval of a variance shall be a violation of this section subject to enforcement and penalty procedures of this chapter.

(q)

Appeals.

(1)

(2)

Appeal proceedings. Within sixty (60) days following receipt of an appeal by the director of community development, the city commission shall hold a public hearing to consider the appeal. Within sixty (60) days after the public hearing, the city commission shall act upon the appeal. At the public hearing, representation shall be limited to the affected or aggrieved person or a duly authorized attorney licensed to practice law in the state of Florida. To over turn a decision by the board of adjustment shall require four (4) affirmative votes of the city commission.

Sec. 14-27. - Chapter amendments and rezonings.

(a)

Intent. The purpose of this section is to provide a means for changing the text of this chapter or the official zoning map. It is not intended to relieve particular hardships or confer special privileges or rights on any person.

(b)

Persons entitled to propose amendments.

(1)

Chapter text. Amendments to the text of this chapter may be proposed by the city commission, the planning board, or any other interested party.

(2)

Official zoning map. Amendments to the official zoning map may be proposed by the city commission, the planning board, or over fifty (50) percent of the owners of the real property to be directly affected by the proposed amendment.

(c)

Review authority.

(1)

Planning board. The planning board shall review each application for an amendment to the text of this chapter or the official zoning map, review the findings of the director of community development, and within sixty (60) days after the close of the public hearing shall recommend that the city commission do one (1) of the following:

Grant the application in full;

Deny the application in full;

Grant the application in part;

Grant a modification of the application in such form as the planning board deems proper. However, if such modification involves a rezoning of a greater amount of land or permits a more intensive use of land than designated in the advertisement for the public hearing, the planning board then shall hold an additional public hearing on its recommended modification of the proposed amendment;

Return the application to the director of community development with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with amendment review standards and the comprehensive plan;

Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the twelve (12) month time limitation; or

Continue the consideration of the application to a special date.

Failure to take action within the sixty (60) day period shall constitute approval of an application.

(2)

City commission. The city commission shall review each application for an amendment to the text of this chapter or the official zoning map, review the findings of the director of community development and the planning board, and within sixty (60) days after the close of the second public hearing shall do one (1) of the following:

Grant the application in full;

Deny the application in full;

Grant the application in part;

Grant a modification of the application in such form as the city commission deems proper. However, if such modification involves a rezoning of a greater amount of land or permits a more intensive use of land than designated in the advertisement for the public hearing, the city commission then shall request the director of community development to process a new application which includes the modification and authorize the withdraw of the application under consideration without prejudice;

Return the application to the director of community development with specific instructions as to additional information, evidence, or testimony desired in order to make a decision consistent with amendment review standards and the comprehensive plan;

Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the twelve (12) month time limitation; or

Continue the consideration of the application to a special date.

Failure to take action within the sixty (60) day period shall constitute approval of an application.

(d)

Amendment review standards. In reviewing a proposed amendment to the text of this chapter or the Official Map, the city commission and planning board shall consider all of the following:

(1)

Whether the proposed amendment is consistent with all elements of the City of Pahokee comprehensive plan.

(2)

Whether there exist changed conditions which require an amendment.

(3)

Whether the proposed amendment is in conformance with any applicable portions of this chapter.

(4)

Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses.

(5)

Whether and the extent to which the proposed amendment would exceed the capacity of public facilities, including but not limited to transportation, sanitary sewerage, solid waste, drainage, potable water, parks, police, fire, emergency medical facilities, and schools.

(6)

Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment.

(7)

Whether and the extent to which the proposed amendment would adversely affect property values in the area.

(8)

Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, and the specific identification of any negative effects on such pattern.

(9)

Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter.

(10)

Any other matters that may be deemed appropriate by the city commission or planning board in review and consideration of the proposed amendment.

(e)

Proposal by the city commission or the planning board. Proposals for an amendment to the text of this chapter of the official zoning map by the city commission or planning board shall be transmitted to the director of community development for application. Any interested party may request that the city commission or planning board initiate such an application.

(f)

Proposals by others. Any person desiring to apply to the city commission for an amendment to the text of this chapter or the official zoning map shall submit an application to the director of community development in accordance with the provisions of subsection (g) below.

(g)

Procedures for submitting and processing applications. The director of community development shall receive, review and process applications for amendments to the text of this chapter and the official zoning map in accordance with the following:

(1)

(2)

Simultaneous comprehensive plan amendment application permitted. An application for an amendment to the text of this chapter or the official zoning map may be accompanied by an application for an amendment to the comprehensive plan, where such amendment to the comprehensive plan is necessary for the consideration of the amendment to the text of this chapter or official zoning map. Approval of the amendment to the text of this code or official zoning map must be conditioned upon the approval of the amendment to the comprehensive plan.

(3)

Simultaneous conditional use application permitted. An application for an amendment to the text of this chapter or the official zoning map may be accompanied by an application for a conditional use permit, where such amendment is necessary for the consideration of the conditional use. Approval of the conditional use must be conditioned upon the approval of the amendment to the text of this chapter or official zoning map.

(4)

Application deadlines. The planning board shall approve a schedule of amendment review meetings and their corresponding application deadlines.

(5)

Application fee. Applications shall include all appropriate processing fees as approved by the city commission.

(6)

(7)

Application processing. Applications deemed sufficient by the director of community development shall be acted upon by the planning board within sixty (60) days of the date on which they were deemed sufficient.

(8)

(9)

(h)

Application requirements. An application for an amendment to the text of this chapter or the official zoning map shall be made on forms provided by the director of community development for such purpose and shall include the following information and documentation, at a minimum:

(1)

The applicant's name, address and signature.

(2)

The name, address and signature of the agent acting on behalf of the applicant and a written power of attorney granted to the agent regarding the application, if applicable.

(3)

If the application requests an amendment to the text of this chapter, the precise wording of any proposed amendment to the text of this chapter shall be provided, including an identification of those existing portions of the text to be revised, replaced, or omitted.

(4)

If the application requests an amendment to the official zoning map, the applicant shall include:

The location of the property proposed to be rezoned by street address, Palm Beach County Property Appraiser Property Control Number, and legal description;

The applicant's interest in the subject property;

The property owner's name and address, if different than the applicant, and the signature of over fifty (50) percent of the owners of the real property to be rezoned by the proposed amendment, giving their consent to the filing of application, if applicable;

The current zoning classification and future land use designation of the subject property as shown on the official zoning map and the adopted future land use map; and,

The size of the property proposed to be rezoned in acres and square feet.

(5)

A statement describing any changed conditions that would justify an amendment.

(6)

A statement describing why there is a need for the proposed amendment.

(7)

A statement describing whether and the extent to which the proposed amendment is consistent with the comprehensive plan.

(8)

A statement outlining whether and the extent to which the proposed amendment:

Is compatible with existing land uses;

Affects the capacities and levels of service of public facilities, including but not limited to transportation, sanitary sewerage, solid waste, drainage, potable water, parks, police, fire, emergency medical facilities, and schools;

Affects the natural environment; and,

Will result in an orderly and logical development pattern.

(9)

A location map which delineates the boundaries of the area to be rezoned on the Palm Beach County Property Appraiser Maps.

(10)

An aerial photograph of the subject area.

(11)

Any other information deemed necessary by the director of community department or review bodies for the reasonable review of the proposed amendment.

(i)

Withdrawal, continuation or resubmittal of applications.

(1)

Withdrawal of applications.

An application for an amendment to the text of this chapter or the official zoning map may be withdrawn by an applicant or designated agent by giving written notice to the director of community development. An application may be withdrawn at a public hearing at the request of the applicant or designated agent. After the conclusion of the public hearing concerning an application, it may be withdrawn only upon a majority affirmative vote of the city commission or planning board. An application withdrawn after it has been deemed sufficient shall not be entitled to a refund of the application fee.

An application for an amendment to the text of this chapter or the official zoning map may be amended prior to the publication of notice of public hearing. A request for amendment to the application shall be made in writing to the director of community development. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and shall be considered at the next appropriate public hearing.

(2)

Continuation of applications. Any application may be continued for a period not to exceed sixty (60) days at the request of the city commission, planning board or director of community development if the authority requesting the continuation determines there is need for further study or information.

(3)

Resubmittals. When a application for an amendment to the text of this chapter or the official zoning map is denied by the city commission, an application requesting the same text amendment or same amendment to the official zoning map shall not be resubmitted for a period of twelve (12) months following the date of denial of the previous request. An application for rezoning the same parcel of land also shall not be resubmitted for twelve (12) months following the date of final action of the previous request. The review authority may waive these provisions if new circumstances or material changes affect the application.

(j)

Planning board public hearing.

(1)

Required hearing. The planning board shall advertise and hold a public hearing prior to making a recommendation to the city commission concerning an application for an amendment to the text of this chapter or the official zoning map.

(2)

Notice for hearings.

Public notice for amendments to the text of this chapter or the official zoning map shall be advertised in a newspaper with a general paid circulation in the City of Pahokee at least ten (10) days in advance of the public hearing. Written notice shall be provided by mail and postmarked at least fourteen (14) days in advance of the public hearing to all affected property owners and all persons who own real property within two hundred (200) feet of the property to be affected by the proposed action and whose addresses are known by reference to the latest approved ad valorem tax roll. Notice shall by provided by the director of community development.

Required notices shall indicate the date, time and location of the public hearing, a description of the substance of the subject matter that will be discussed, a legal description of the properties directly affected, a statement indicating the action the planning board is authorized to take, and a statement that the hearing may be continued from time to time as may be necessary. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed amendment or rezoning.

(3)

Conduct of the hearing. All public hearings for amendments to the text of this chapter or the official zoning map shall be conducted in accordance with the following:

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the planning board may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to recommend denial of the request.

(k)

City commission public hearing.

(1)

Amendments and rezonings affecting less than five (5) percent of city land area. Following action by the planning board, the city commission shall, in accordance with F.S. § 166.041, advertise and hold a public hearing prior to acting upon an application for an amendment to the text of this chapter or the official zoning map which affects less than five (5) percent of the total land area of the City of Pahokee. Notice shall be provided by the city clerk as follows:

Public notice shall be advertised in a newspaper with a general paid circulation in the City of Pahokee at least thirty (30) days in advance of the public hearing. Written notice shall be provided by mail and postmarked at least thirty (30) days in advance of the public hearing to all affected property owners and all persons who own real property within two hundred (200) feet of the property to be affected by the proposed action and whose addresses are known by reference to the latest approved ad valorem tax roll. Notice shall by provided by the city clerk.

Required notices shall indicate the date, time and location of the public hearing, a description of the substance of the subject matter that will be discussed, a legal description of the properties directly affected, a statement indicating the action the city commission is authorized to take, and a statement that the hearing may be continued from time to time as may be necessary. The notice shall also advise that interested parties may appear at the meeting and be heard regarding the proposed amendment or rezoning.

(2)

Amendments and rezonings affecting five (5) percent or more of city land area. Following action by the planning board, the city commission shall, in accordance with F.S. § 166.041, advertise and hold two (2) public hearings prior to acting upon an amendment to the text of this chapter or the official zoning map which affects five (5) percent or more of the total land area of the City of Pahokee. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven (7) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. Written notice to affected property owners is not required. Notice shall be provided by the city clerk as follows.

The required advertisements shall be no less than one-quarter (¼) page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of a newspaper where legal notices and classified advertisements appear. The advertisements shall be published in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to F.S. ch. 50. It is the intent that, whenever possible, the advertisements appear in a newspaper that is published at least five (5) days a week unless the only newspaper in the city is published less than five (5) days a week.

The advertisement shall be in the following form:

NOTICE OF ZONING
(PERMITTED USE)
CHANGE

The City of Pahokee proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement.

A public hearing on the rezoning will be held on (date and time at (meeting place.

The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

In lieu of publishing the advertisement set out subsection (k)(2)a. above, the city may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the date, time and location of both public hearings on the proposed ordinance.

(3)

Conduct of the hearing. All public hearings for amendments to the text of this chapter or the official zoning map shall be conducted in accordance with the following:

Rights of all persons. Any person may appear at a public hearing and submit documents, materials, and other written or oral testimony individually or as a representative of an organization. Persons who appear at a public hearing shall state their names, addresses, and the names and mailing addresses of any organizations they represent. The city commission may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the city commission and may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(l)

Records of proceedings.

(1)

Records maintained by city. All records of any proceedings of the city commission or planning board shall be filed as a part of the public records of the city.

(2)

(3)

Use of recording devices. All proceedings of the city commission and the planning board shall be recorded electronically. Upon request and during normal business hours, any person may listen to the recordings of any proceedings. Transcriptions of proceedings may be obtained at the expense of the individual requesting such information.

(4)

Application records maintained. Application forms and all information submitted with each application shall be maintained by the community development department. The transcript of testimony, the minutes of proceedings, all applications, exhibits, documents, materials, and papers submitted to a reviewing or decision-making body, written reports of any municipal employee or consultant, and the decision and report of the reviewing or decision-making body shall constitute the record. Persons may examine the record during normal business hours and obtain copies at their expense.

(m)

Action by decision making authority. All decision-making authorities shall render their decisions within a reasonable period as provided in this section. All actions of any reviewing or decision-making authority shall include the recommendation or decision and the reason for the action.

(1)

(n)

Reconsideration of action.

(1)

City commission. An action may be reconsidered by the city commission under either of the following circumstances:

If only four (4) members vote on a decision and the vote is tied, a motion to reconsider may be made by any member of the commission at the next meeting at which all five (5) commissioners are present; or,

On any decision other than that described in subsection (n)(1)a. above, a motion to reconsider may be made only by a commission member who voted on the prevailing side.

(2)

Planning board. An action may be reconsidered by the planning board only upon a motion by a member who voted on the prevailing side of the original vote. The motion must be made at the same or the next regular meeting.

(3)

Notice. Action on a question pending reconsideration must follow the notice provisions in this section.

(o)

Protest provisions. When an amendment to this chapter or the official zoning map is opposed by a petition containing the signatures of property owners controlling twenty (20) percent of the land area affected by the proposed amendment or within five hundred (500) feet of the proposed amendment, approval of the change requires the affirmative vote of four-fifths (⅘) of the city commission.

Sec. 14-28. - Comprehensive plan amendments.

(a)

Intent. The purpose of this section is to provide a means for changing the text of the comprehensive plan and the future land use map series in accordance with F.S. § 163.3187. It is not intended to relieve particular hardships or confer special privileges or rights on any person.

(b)

Persons entitled to propose amendments.

(1)

Plan text. Amendments to the text of the comprehensive plan may be proposed by the city commission, the planning board, or any other interested party.

(2)

Future land use map series. Amendments to the future land use map series may be proposed by the city commission, the planning board, or over fifty (50) percent of the owners of the real property to be directly affected by the proposed amendment.

(c)

Review authority.

(1)

Planning board. The planning board shall review each application for an amendment to the text of the comprehensive plan or future land use map series, review the findings of the director of community development, and within sixty (60) days after the close of the public hearing shall recommend that the city commission do one (1) of the following:

Grant the application in full;

Deny the application in full;

Grant the application in part;

Grant a modification of the application in such form as the planning board deems proper. However, if such modification involves a change in land use for a greater amount of land or a more intensive use than designated in the advertisement for the public hearing, the planning board then shall hold an additional public hearing on its recommended modification of the proposed amendment;

Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the twelve (12) month time limitation; or

Continue the consideration of the application to a special date.

Failure to take action within the sixty (60) day period shall constitute approval of an application.

(2)

City commission. The city commission shall review each application for an amendment to the text of the comprehensive plan or the future land use map series, review the findings of the director of community development and the planning board, and within sixty (60) days after the close of the second public hearing shall do one (1) of the following:

Grant the application in full;

Deny the application in full;

Grant the application in part;

Grant a modification of the application in such form as the city commission deems proper. However, if such modification involves a change in land use for a greater amount of land or a more intensive use than designated in the advertisement for the public hearing, the city commission shall request the director of community development to process a new application which includes the modification and authorize the withdraw of the application under consideration without prejudice;

Authorize withdrawal of the application without prejudice, allowing the application to be resubmitted prior to the twelve (12) month time limitation; or

Continue the consideration of the application to a special date.

Failure to action within the sixty (60) day period shall constitute denial of an application.

(d)

Statutory amendment requirements. All amendments to the text of the comprehensive plan or future land use map series shall be consistent with F.S. § 163.3187.

(e)

Amendment review standards. In reviewing a proposed amendment to the text of the comprehensive plan or future land use map series, the city commission and planning board shall consider all of the following:

(1)

Whether the proposed amendment is consistent with all other elements of the city comprehensive plan.

(2)

Whether there exist changed conditions which require an amendment.

(3)

Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses.

(4)

(5)

Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment.

(6)

Whether and the extent to which the proposed amendment would adversely affect property values in the area.

(7)

Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, and the specific identification of any negative effects on such pattern.

(8)

Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of the comprehensive plan.

(9)

Whether the amendment is to be processed as a small scale amendment pursuant to F.S. § 163.3187(1)(c).

(10)

Any other matters that may be deemed appropriate by the city commission or planning board in review and consideration of the proposed amendment.

(f)

Proposal by the city commission or the planning board. Proposals for an amendment to the text of the comprehensive plan or the future land use map series by the city commission or planning board shall be transmitted to the director of community development for application. Any interested party may request that the city commission or planning board initiate such an application.

(g)

Proposals by others. Any person desiring to apply to the city commission for an amendment to the text of the comprehensive plan or future land use map series shall submit an application to the director of community development in accordance with the provisions of subsection (h) below.

(h)

Procedures for submitting and processing applications. The director of community development shall receive, review and process applications for amendments to the text of the comprehensive plan and the future land use map series in accordance with the following:

(1)

(2)

Simultaneous development code and official zoning map amendment application permitted. An application for an amendment to the text of the comprehensive plan or the future land use map series may be accompanied by an application for an amendment to this chapter or the official zoning map, where such amendment to the text of the comprehensive plan or future land use map series is necessary for the consideration of the amendment to the text of this chapter or official zoning map. Approval of the amendment to the text of this chapter or official zoning map must be conditioned upon the approval of the amendment to the text of the comprehensive plan or future land use map series.

(3)

Simultaneous conditional use application permitted. An application for an amendment to the text of the comprehensive plan or future land use map series may be accompanied by an application for a conditional use permit, where such change is necessary for the consideration of the conditional use. Approval of the conditional use must be consistent with the provisions of this chapter, the official zoning map, or must be conditioned upon the approval of any necessary amendments thereto and the approval of any necessary amendments to the text of the comprehensive plan or future land use map series.

(4)

Application deadlines. The planning board shall approve a schedule of amendment review meetings and their corresponding application deadlines.

(5)

Application fee. Applications shall include all appropriate processing fees as approved by the city commission.

(6)

Application sufficiency. Within twenty (20) days of receipt, the director of community development shall review an application to determine whether or not it contains sufficient information to commence processing. An owner or agent with an insufficient application shall be notified by the director of community development within this time period of those additional items required for processing and the dates by which they must be received in order for the application to be heard at the meeting for which the application was made.

(7)

(8)

(9)

(i)

Application requirements. An application for an amendment to the text of the comprehensive plan or future land use map series shall be made on forms provided by the director of community development for such purpose and shall include the following information and documentation, at a minimum:

(1)

The applicant's name, address, and signature.

(2)

The name, address and signature of the agent acting on behalf of the applicant and a written proof of any power of attorney granted to the agent regarding the application, if applicable.

(3)

If the application requests an amendment to the text of the comprehensive plan, the precise wording of any proposed amendment to the text of the comprehensive plan shall be provided, including an identification of those existing portions of the text to be revised, replaced, or omitted.

(4)

If the application requests an amendment to the future land use map series, the applicant shall include:

The location of the property proposed for a change in land use by street address, Palm Beach County Property Appraiser Property Control Number, and legal description;

The applicant's interest in the subject property;

The property owner's name and address, if different than the applicant, and the signature of over fifty (50) percent of the owners of the real property to be directly effected by the proposed amendment, giving their consent to the filing of application, if applicable;

The current zoning classification and future land use designation of the subject property as shown on the official zoning map and the adopted future land use map; and,

The size of the property in acres and square feet.

(5)

A statement describing any changed conditions that would justify an amendment.

(6)

A statement describing why there is a need for the proposed amendment.

(7)

A statement describing whether and how the proposed amendment is consistent with the rest of the comprehensive plan.

(8)

A statement outlining the extent to which the proposed amendment:

Is compatible with existing land uses;

Affects the natural environment; and,

Will result in an orderly and logical development pattern.

(9)

A statement indicating whether the amendment is to be processed as a small scale amendment pursuant to F.S. § 163.3187(1)(c).

(10)

A location map which delineates the boundaries of the area proposed to receive a change in land use on the Palm Beach County Property Appraiser Maps.

(11)

An aerial photograph of the subject area.

(12)

Any other information deemed necessary by the director of community department or review body for the reasonable review of the proposed amendment.

(j)

Withdrawal, continuation or resubmittal of applications.

(1)

Withdrawal of applications.

An application for an amendment to the text of the comprehensive plan or future land use map series may be withdrawn by an applicant or designated agent by giving written notice to the director of community development. An application may be withdrawn at a public hearing at the request of the applicant or designated agent. After the conclusion of the public hearing concerning an application, it may be withdrawn only upon a majority affirmative vote of the city commission or planning board. An application withdrawn after it has been deemed sufficient shall not be entitled to a refund of the application fee.

An application for an amendment to the text of the comprehensive plan or future land use map series may be amended prior to the publication of notice of public hearing. A request for amendment to the application shall be made in writing to the director of community development. A request of this nature shall require an additional amendment processing fee. Such applications for change shall be considered new applications and shall be considered at the next appropriate public hearing.

(2)

(3)

Resubmittals. When a application for an amendment to the text of the comprehensive plan or future land use map series is denied by the city commission, an application requesting the same text amendment or same amendment to the future land use map series shall not be resubmitted for a period of twelve (12) months following the date of denial of the previous request. An application for a change in land use for the same parcel of land also shall not be resubmitted for twelve (12) months following the date of final action of the previous request. The review authority may waive these provisions if new circumstances or material changes affect the application; however, the same parcel of property may not be the subject of a small scale amendment within a twelve (12) month period regardless of any new circumstances.

(k)

Planning board public hearing.

(1)

(2)

Notice for hearings. Public notice shall be given pursuant to F.S. § 163.3171, and shall not be advertised in a newspaper of general circulation with the first publication not less than fourteen (14) days prior to the date of the hearing and the second to be at least five (5) days prior to the hearing. Notice shall be provided by the director of community development.

(3)

Content of notices. Required notices shall indicate the nature of the request, and the date, time and location of the public hearing for the consideration of the request.

(4)

Conduct of the hearing. All public hearings for amendments to the text of the comprehensive plan or future land use map series shall be conducted in accordance with the following:

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the planning board conducting the hearing and may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to recommend denial of the request.

(l)

City commission public hearings.

(1)

Required hearings. Following action by the planning board, the city commission shall, in accordance with F.S. § 163.3187, hold two (2) public hearings prior to taking final action on an application for an amendment to the text of the comprehensive plan or future land use map series.

(2)

Hearings schedule.

The first public hearing shall be held at the transmittal stage pursuant to F.S. § 163.3184(3). It shall be held on a weekday approximately seven (7) days after the day that the first advertisement is published. The intention to hold and advertise a second public hearing shall be announced at the first public hearing.

The second public hearing shall be held at the adoption stage pursuant to F.S> § 163.3184(7). It shall be held on a weekday approximately five (5) days after the day that the second advertisement is published.

(3)

Content of notices.

If the proposed amendment changes the permitted uses of land or changes land-use categories, the required advertisements shall be no less than one-quarter (¼) page in standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county and of general interest and readership in the city, not one (1) of limited subject matter, pursuant to F.S. ch. 50. Whenever possible, the advertisement shall appear in a newspaper that is published at least five (5) days a week.

The advertisement shall be in substantially the following form:

NOTICE OF CHANGE
OF LAND USE

The City of Pahokee proposes to change the use of land within the area shown in the map in this advertisement.

A public hearing on the proposal will be held on (date and time) at (meeting place).

The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area.

Required notices shall state the place or places within the boundaries of the city where the proposed amendment may be inspected by the public. The advertisement shall also advise that interested parties may appear at the meeting and be heard regarding the transmittal or adoption of the amendment.

If the proposed amendment does not change the permitted uses of land or does not change land-use categories, the advertisement shall state the date, time, place of the meeting, the subject of the meeting, and the place or places within the boundaries of the city where the proposed amendment may be inspected by the public. The advertisement shall also advise that interested parties may appear at the meeting and be heard regarding the transmittal or adoption of the amendment.

(4)

Small scale amendments. For those amendments to be processed as small scale amendments pursuant to F.S. § 163.3187(c), the advertising requirements of subsection (l)(3)a. above need not be followed if said requirements are met in a legal advertisement in a newspaper of general circulation within the city's jurisdiction.

(5)

Conduct of the hearing. All public hearings for amendments to the text of the comprehensive plan or future land use map series shall be conducted in accordance with the following:

Rights of all persons. Any person may appear at a public hearing and submit documents, materials, and other written or oral testimony individually or as a representative of an organization. Persons who appear at a public hearing shall state their names, addresses, and the names and mailing addresses of any organizations they represent. The city commission may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

Oaths. All persons presenting evidence at a public hearing shall swear or attest that their statements are true. During a public hearing, all parties shall have all of the following rights:

The right to be represented by counsel or by an agent.

The right to present witnesses.

The right to cross-examine all witnesses.

The right to examine and reproduce any documents produced at the hearing.

Such rights shall be subject to the discretion of the city commission may be limited if unwarranted or undue delay will result or where no new materials or testimony will be presented.

Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be sufficient cause to deny the request.

(m)

Records of proceedings.

(1)

Records maintained by city. All records of any proceedings of the city commission or planning board shall be filed as a part of the public records of the city.

(2)

(3)

(4)

Application records maintained. Application forms and all information submitted with each application shall be maintained by the community development department. The transcript of testimony, the minutes of proceedings, all applications, exhibits, documents, materials, and papers submitted to a reviewing or decision-making body, written reports of any municipal employee or consultant, and the decision and report of the reviewing or decision-making body shall constitute the record. Persons may examine the record during normal business hours and obtain copies at their expense.

(n)

Action by decision-making authority. All decision-making authorities shall render their decisions within a reasonable period as provided in this section. All actions of any reviewing or decision-making authority shall include the recommendation or decision and the reason for the action.

(1)

(o)

Reconsideration of action.

(1)

City commission. An action may be reconsidered by the city commission under either of the following circumstances:

If only four (4) members vote, on a decision and the vote is tied, a motion to reconsider may be made by any member of the commission at the next meeting at which all five (5) commissioners are present; or,

On any decision other than that described in subsection (o)(1)a. above, a motion to reconsider may be made only by a commission member who voted on the prevailing side.

(2)

(3)

Notice. Action on a question pending reconsideration must follow the notice provisions in this section.

Sec. 14-29. - General application requirements.

(a)

Applications required. Before an amendment, development activity or use shall be considered, an application for approval, using forms provided by the city, shall be filed with the director of community development.

(B)

Optional pre-application conference. A pre-application conference is suggested to the applicant to avoid unnecessary delays or confusion in the application and review processes. If requested, an informal meeting will be arranged among the applicant, community development department staff and other appropriate city staff to discuss the proposal and to review any preliminary plans the applicant may wish to present.

(c)

Application form.

(1)

Format. The application shall be in accordance with the form prescribed by the director of community development and approved by the city manager, copies of which may be obtained from the community development department. All applications must be signed by the owner of the property for which any development rezoning or change of land use approval is sought or be accompanied by a written power of attorney authorizing a person other than the property owner to sign an application.

(2)

Fees. Fees for all applications required by this chapter shall be established and amended by resolution of the city commission. Fees shall be charged in an amount to compensate the city for such costs incurred to process an application. Such costs include, but are not limited to, public notice advertisements, public notice postage; and planning, engineering, scientific, technical, and related professional and staff services necessary to process the application.

(3)

Disclosure of ownership. All applications shall include a verified statement showing each person having a legal, equitable, or beneficial ownership interest in the property for which the application is submitted. However, corporations shall provide only the names and addressees of the corporation and principal executive officers.

(4)

Submission of fee and application prior to action by city. Prior to action taken by a department or official body of the city concerning a specific amendment or development activity, an applicant must submit the proper fee and an official application to the director of community development.

(5)

Application deadlines. Applications shall be submitted in accordance with the deadlines established in this chapter.

(d)

Preliminary review for completeness. In accordance with the provisions of this chapter, the director of community development shall determine whether or not an application satisfies all of the requirements. If it is determined that there are deficiencies in the application, the applicant, or the applicant's agent, shall be notified of the deficient items. When one (1) or more deficiencies exist, the department shall take no further action on the application until the applicant submits the required information.

(e)

Initiation of review. The director of community development shall commence review of the application after a determination that the application is complete.

(f)

Review of appropriate standards and criteria. Subsequent to the submission of a complete application, the application shall be reviewed by the city based on the standards and criteria provided in this chapter.

Sec. 14-30. - Code enforcement.

(a)

Director of community development. The director of community development shall administer and enforce this chapter. The community development department shall serve as the coordinating and central intake agency for all applications, petitions, or administrative actions sought in pursuance of this chapter. The director community development shall perform other zoning- and comprehensive planning-related duties which are set forth in this chapter and which may be assigned by the city manager.

The director of community development shall interpret and apply the provisions of these regulations as minimum requirements for the promotion of the public health, safety, and welfare. These regulations are not intended to interfere with, abrogate, or annul any lawful easement, covenants, or other agreements between parties; provided, however, that where these regulations impose a greater restriction, the provisions of these regulations shall prevail.

(b)

Violations and enforcement procedures.

(1)

Director of community development investigations. The director of community development shall have the authority to investigate alleged violations of this chapter by inspecting property, obtaining the signed statements of prospective witnesses, obtaining photographic documentation of violations, and performing such other activities as are lawful and necessary for the complete investigation of alleged violations.

(2)

Violations. Where it is determined that a violation of this chapter exists, the director of community development shall notify the violator in writing and order compliance. The director of community development shall order discontinuance of an illegal use of land, buildings, or structures; removal of illegal buildings or structures, or additions, alterations, or structural changes thereof; or discontinuance of any illegal work being done. If a violation of these regulations continues, the director of community development shall commence appropriate legal action.

(3)

Cease and desist orders. The director of community development shall have the authority to issue cease and desist orders to the appropriate property owner or individual whenever a violation of this chapter has been committed or exists.