The purpose of this chapter is to set forth responsibilities and procedures for the administration of this Unified Land Development Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Administrative procedures described in this chapter shall apply to all development activities undertaken within the city, unless specifically excepted.

B.

With the exception of those activities described in section 102-36, it shall be unlawful to commence the clearing of land, excavations for, or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices, or to commence the moving, alteration, or repair of any structure, including accessory structures, until the director has issued a development order for such work.

C.

The unlawful activity termed "clearing of land" in subsection (B) above shall not include general lot clearing, removal of underbrush, or clearing of unprotected trees, as long as neither protected trees nor their root systems are cut, removed, or damaged during said process. However, nothing contained in this definitional clarification shall authorize any other unlawful activities described above without a development order, e.g., introducing "fill" to a tract as provided in F.S. § 380.04(2); modification of the contours of the land so as to cause/increase erosion or untreated storm water runoff; or negatively impact native vegetation within a special treatment zone as provided in section 104-63. Additionally, "clearing of land," as authorized herein shall not authorize the owner or developer to avoid the installation of a protective barrier around protected trees as required in chapter 105 during the clearing process.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3266, § 1, 6-24-2025)

The purpose of this article is to provide a uniform system for the review of development or redevelopment activities undertaken within the city.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Developers shall comply with the following procedures:

1.

An application for development approval must be obtained from the city, which shall be in the form prescribed by the director and shall be completed by the developer or the developer's authorized agent.

2.

The completed application shall constitute a request from the developer for development approval when submitted to the director along with the site plan requirements specified in section 102-28.

B.

Development review procedures are divided into three primary reviews according to the purpose of the application. The review required for each type of development is as follows:

1.

Less than minor development review. Less than minor development review requires approval by staff. Activities subject to less than minor development review are described in section 102-25.

2.

Minor development review. Minor development review requires review by staff and approval of the technical review committee (TRC). Activities subject to minor development review are described in section 102-26.

3.

Major development review. Major development review requires review by staff and the technical review committee, followed by a public hearing before the planning board. Major development activities must be approved by the planning board. Activities subject to major development review are described in section 102-27.

C.

Table 102-1 contains a list of the types of applications and identifies the entities responsible for reviewing and issuing decisions on applications.

¹ Staff means the planning director and/or his/her staff

D = Final Decision Authority

R = Recommendation

*Except for those approved administratively by staff and the TRC, per chapter 110, section 110-42.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3142, § 1, 4-11-2023)

A.

Necessity for filing.

1.

While there is no requirement to file a conceptual site plan (CSP), all applicants have the option to file a CSP to the planning and economic development department prior to submitting an application for regular site plan approval. The applicant is encouraged to participate in a pre-application meeting with appropriate city staff for CSP applications. The applicant may begin plan review by filing a regular site plan application and including applicable fees.

2.

The TRC will review the CSP application for conformity with this chapter and other development regulations. The planning director or his/her designee will notify the applicant of the results of the review. The CSP will be considered as a separate document to the regular site plan.

B.

Optional submittal. A CSP application shall include the following:

1.

Conceptual site plan application.

a.

Statement of ownership of the proposed development, and the names, mailing addresses, email addresses, telephone numbers, and any project engineers, architects, planners or any others representing the developer;

b.

Legal description;

c.

Current zoning designation;

d.

Schematic representation of the proposed use, including building size, shape, and location on the site;

e.

Schematic representation of vehicular and pedestrian circulation within the site, including driveways, parking areas, and loading areas;

f.

Schematic representation of storm water pond location(s);

g.

Schematic representation of points of connection to the public rights-of-way; and

h.

Other relevant features, as may be requested by the city staff or provided by the applicant.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Activities subject to less than minor development review are:

1.

Construction or renovation of an individual, single-family, detached residence, duplex, triplex, or quadraplex on one lot or parcel; or mobile home; or the construction of an accessory structure on a lot or parcel with legal access.

2.

Placement of a single factory-built manufactured home, as herein defined and according to the requirements of the city's manufactured housing standards set out in chapter 110 on one lot or parcel.

3.

Remodeling, renovation, expansion, or other similar activity involving alterations or additions to an existing residential structure within the property lines on which the structure is located.

4.

"Signage activity" including the construction, location, or installation of signs pursuant to chapter 106.

B.

Criteria for review:

1.

Compliance with the general standards specified in the application forms provided by the planning department.

2.

Compliance with site plan requirements in section 102-29.

3.

Compliance with other applicable standards as specified in chapters of this Unified Land Development Code.

C.

Additional information may be required for development activities in designated special treatment zones and overlays.

D.

Staff may issue development orders for less than minor development activities, upon staff review and approval.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Activities subject to minor development review are:

1.

Any residential development with a density of more than five units per acre.

2.

Any nonresidential development, whether or not in connection with a residential development, of ten acres or less.

3.

Any development in the Light Industry zoning district, including distribution, storage and warehousing facilities, of ten acres or less.

4.

Remodeling, renovation, expansion, or other similar activity involving alterations or additions to an existing commercial or light industry structure within the property lines on which the structure is located.

5.

Any development involving telecommunication facilities that are designated as requiring approval by city staff in chapter 110.

B.

Criteria for review:

1.

Compliance with the general standards specified in the application forms provided by the planning department.

2.

Compliance with attendant concurrency requirements in chapter 113.

3.

Compliance with site plan requirements in section 102-29.

4.

Compliance with other applicable standards as specified in chapters of this Unified Land Development Code.

C.

Additional information or impact assessment may be required for development activities in designated special treatment zones and overlays.

D.

Minor development orders may be issued by the TRC or the director without further approval.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Activities subject to major development review include:

1.

Amendments to the text of this Unified Land Development Code or the official zoning map;

2.

Comprehensive plan and future land use map amendments.

3.

Any manufactured home subdivision development.

4.

Any development in the Heavy Industry zoning district.

5.

Any commercial development over three stories in height.

6.

Any development involving telecommunication facilities that are designated as requiring approval by the planning board in chapter 110.

7.

Any development activity which is not subject to less than minor or minor development review.

B.

Criteria for review:

1.

The general standards specified in the application forms provided by the planning department.

2.

Concurrency requirements set forth in chapter 103.

3.

Site plan requirements set forth in section 102-28.

4.

Other applicable development standards as specified in other chapters of this Unified Land Development Code.

5.

An impact assessment shall address the following issues:

a.

Adequacy of public facilities and services to serve the proposed development;

b.

Suitability of site conditions including topography and soils and any site modifications necessary to accommodate the proposed development;

c.

Ingress and egress to roadways;

d.

Drainage or storm water management;

e.

Vehicular traffic, including on site parking;

f.

Noise;

g.

Lighting;

h.

Public safety or potential public nuisance;

i.

Impacts on natural resources; and

j.

Such other criteria deemed necessary by the planning director or the planning board.

C.

Additional information or impact assessment may be required for development activities in special treatment zones and overlays.

D.

Development orders may be issued for major development activities only after review by the director, review by the technical reviewer team, and approval by the planning board. Appeals to planning board decisions on major development activities shall be considered by the city commission.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Any application for development order approval shall be submitted together with a site plan in accordance with the requirements of this section. The application shall include:

1.

Concurrency requirements set forth in chapter 113;

2.

Site plan requirements set forth in section 102-29; and

3.

Other applicable development standards as specified in other chapters of this Unified Land Development Code.

B.

Site plans or other information concerning requests for amendments to the comprehensive plan or unified land development code shall be submitted on forms approved by the planning department.

C.

In addition to the requirements outlined in subsection A., planned unit development (PUD) requirements are defined in chapter 104, zoning districts.

D.

In addition to the requirements outlined in subsection A., plat requirements are defined in chapter 111.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

The developer, or their authorized agent, shall submit a minimum of four copies of the proposed site plan, drawn to an acceptable scale, to the director. Except for less than minor development activities, all site plans shall be certified by a land surveyor, landscape architect, architect, or engineer licensed by the State of Florida, unless waived by the director. In addition, a digital version shall be provided for all AutoCAD-produced drawings.

B.

The site plan for signage activities shall include:

1.

A site plan sketch which depicts the relationship of the proposed sign to all significant sign conditions including setbacks, buildings, adjoining roadways, protected lands, protected trees, and other circumstances likely to be affected by the location, construction, or erection of the sign;

2.

The site plan shall also include a legal description of the site; the name, address, and telephone number of the owner of the property, the developer, the designer or contractor as the case may be; and the date of site plan preparation.

C.

The site plan for less than minor development activities shall include:

1.

A site plan sketch which depicts the relationship of the proposed sign to all significant sign conditions including setbacks, buildings, adjoining roadways, protected lands, protected trees, and other circumstances likely to be affected by the location, construction, or erection of the sign.

D.

The site plan for minor and major development activities shall include:

1.

A vicinity sketch showing: the relationship of the site to adjacent designated land uses and streets; location of the proposed development on the site (lot or parcel), including driveways and parking; access to adjacent streets; % of the site to be covered by impervious surfaces; flood zones and base flood elevations, spot elevations, and finished floor elevations, and environmental features including wetlands, shoreline vegetation or construction on submerged lands, if any, and the location of protected trees;

2.

The boundary lines and dimensions of the area shown in the site plan including angles, dimensions, and references; a north directional arrow; map scale; and the proposed use of the lands;

3.

A legal description of the site; the name, address, and telephone number of the owner, developer, and designer or contractor (if applicable); and the date of site plan preparation.

4.

The existing and proposed grades, the drainage and erosion control plan, and the proposed structures with appropriate topographic contour intervals or spot elevations;

5.

The shape, size, and location of all structures, including the flood elevations; the floor area and ground coverage ratios, and the relative finished ground and basement floor grades;

6.

Natural features such as wetlands, shoreline, lakes or ponds, and protected trees; man-made features such as existing roads, sidewalks, walls, fences, or other structures, indicating which are to be retained, removed, or altered; the adjacent properties and their existing uses; and land use designations;

7.

Proposed streets, driveways, sidewalks, and parking facilities; vehicular turnarounds, curb cuts, and loading areas; the location of solid waste receptacles; the inside radii of all curbs; the width of streets, driveways, and sidewalks; the total number of available parking spaces specifying the type of construction with critical dimensions; and the ownership of the various facilities;

8.

The size and location of all existing and proposed public and private utilities or easements; water and sewer tap locations; sewer clean outs and turns; and water meter types, sizes, and locations; and

9.

All proposed landscaping, landscaped buffers, and the dimensions and location of all proposed signs.

E.

The site plan and information required for conditional use permits shall include:

1.

A vicinity sketch showing the relationship of the site to adjacent land uses and streets, and the location of driveways, street parking and access.

2.

The boundary lines and dimensions of the area shown in the site plan, a north arrow, map scale and the proposed use of the lands. Dimensions shall also be provided to demonstrate compliance with relevant standards, such as distance between uses in the case of a proposed community residence.

3.

A legal description of the site; the name, address and telephone number of the owner and operator; and the date of the site plan preparation.

4.

The shape, size and location of all structures, parking, vehicular turnarounds and sidewalks and other pedestrian access. Floor plans, elevations, lighting, landscaping and signage plans may be required at the director's discretion, depending upon the type of use proposed and potential impacts.

5.

A narrative description of the proposed use, its operation and how it complies with the standards in this ULDC. The description should include occupancy, operating hours, and any other pertinent information to explain how potential adverse impacts will be mitigated.

6.

Any additional information determined by the director to be necessary for reviewing and processing of the request.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3142, § 1, 4-11-2023)

All applications for development approval shall be submitted to the director. Required city staff and technical review committee reviews and subsequent recommendations shall be completed by the city within 30 days after the date the division is satisfied that the application contains all required information, except for affordable housing applications which may be completed within 25 days. Applications which are determined to be incomplete shall be promptly returned to the applicant.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Application for development approval may be withdrawn at any time prior to final action. Any fees or charges required for development review shall be forfeited by the applicant upon the withdrawal of an application.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The city commission may establish by resolution and periodically adjust the schedule of fees or charges for development review. No development orders shall be issued until all applicable fees and charges have been paid by the applicant.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Unless waived by the director, all certifications of forms or materials required by the Unified Land Development Code must be completed and affixed before the document or application will be considered for development review.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Development orders may be issued by the planning director or his/her designee after review and approval of an application for a development order and may be conditionally issued subject to project approval by other governmental bodies having jurisdiction over the development. No building permits shall be issued for a development until a development order has been issued and all conditions satisfied pursuant to the provisions of this Unified Land Development Code.

B.

Development order requirements. The decision to issue a development order shall be based upon the following requirements, including but not limited to:

1.

The proposed development must not be in conflict with or contrary to the public interest;

2.

Unless otherwise exempted, the proposed development must be consistent with the comprehensive plan and the provisions of this Unified Land Development Code;

3.

The proposed development must not impose a significant financial liability or hardship for the city;

4.

The proposed development must not create an unreasonable hazard or nuisance, or constitute a threat to the general health, welfare or safety of the city's inhabitants;

5.

The proposed development must comply with all other applicable laws, statutes, ordinances, regulations or codes.

C.

Other permits required. In addition to obtaining a development order from the city, the developer must also obtain all other applicable permits or exemptions as may be required by law.

D.

Issuance and validity of development orders.

1.

Upon the approval of a development, the applicant shall have one year from the date of approval to begin construction of the project.

2.

Upon the approval of a major development order, the planning department shall within ten days after the date of such approval send notification to the applicant advising the applicant that he or she has one year from the date of the approval of the development to begin construction of the project. The notice shall be sent to the applicant at the address set forth in his application or to the agent of owner who may have filed the application on behalf of the owner. The notice must state the expiration date of the one-year period. If the expiration date falls on a Saturday, Sunday, or other legal holiday, the expiration shall be extended to the next working day. If the notice is returned to the department unserved, the notice shall nevertheless, be deemed effective notice to the applicant, unless the applicant or his or her agent has advised the department, in writing, of a change in their address before the notice was sent. If an applicant fails to obtain his or her development order within the one-year period, the approval shall become null and void and the applicant or his or her successor in interest will have to reapply for a new development order. Payment of all attendant fees is a prerequisite of entitlement to a development order.

3.

Unless otherwise specified in the development order, a development order shall remain effective for a period of 12 months from the date of issuance, except for those issued for docks and boat structures whose expiration date shall be concurrent with that of applicable regulatory agencies with jurisdiction over the project, i.e., FDEP and the CORPS. Extensions may be granted by the director in the event the developer is unable to obtain other applicable permits (pursuant to subsection (c) above), and/or financing.

4.

Notwithstanding the provision in subsection (3), if a development order is challenged (as defined by Florida Statutes) by a third party adverse to both the city and the applicant for the development order in any legal proceeding, then the time period for commencement of the work authorized by such permit shall be tolled until the final disposition of that legal proceeding challenging the development order. The final disposition of the legal proceeding challenging the development order shall serve as the date of issuance of the development order for the limited purposes of determining the term of the development order as contemplated in subsection (3).

E.

Development agreement. To provide flexibility and to insure that the intent of this Unified Land Development Code is satisfied, the city may enter into a development agreement with a developer. Development agreements shall be governed by the provisions of F.S. §§ 163.3220—163.3243, as amended.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

A development order shall not be required for the following activities or conditions:

1.

A development order has been issued by the city prior to the adoption of this Unified Land Development Code and development has commenced and continued in good faith in reliance upon such order.

2.

The development or redevelopment activity is included as part of a larger plan of development or a phased development for which a development order is issued, pursuant to this Unified Land Development Code.

3.

Construction of non-habitable accessory structures less than 100 square feet, provided they comply with all applicable setback, height, and zoning requirements.

4.

Renovation, repair, alteration or maintenance to the interior or exterior of an existing single-family home, duplex, triplex, quadraplex, manufactured home or mobile home on one lot or parcel which does not require a building permit, increase the square footage of a structure, or change its use as a residential unit.

5.

Renovation, repair, alteration or maintenance to the interior or exterior of an existing single-family home, duplex, triplex, quadraplex, manufactured home or mobile home on one lot or parcel which requires a building permit for the following purposes:

i.

Roof repair or replacement

ii.

Repair of a chimney

iii.

Repair of a stairway

iv.

Repair or replacement of windows, doors, and/or siding

v.

Repair or replacement of electrical, mechanical and/or HVAC equipment

vi.

Repair or replacement of plumbing where there are no new utility connections

6.

Maintenance, repair, or replacement of public or private utility lines and components, drainage facilities, and other infrastructure where there is no impact to environmentally sensitive lands or expansion of capacity of facilities.

B.

All activities not requiring a development order shall comply with applicable zoning, building, and fire safety codes and standards, and applicable state and federal requirements, including but not limited to state and federal permitting.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3266, § 1, 6-24-2025)

A.

The construction of all developments shall comply with all conditions of the development order and site plan, or development agreement, if applicable.

B.

Upon completion of the development, the developer shall provide a "notice of development completion" to the director. The developer shall also provide the city with an as-built survey in a format specified by the planning department, and other certifications as required by city departments. The director or the director's designated representative shall, within five working days after receipt of such notice and required related documentation, conduct a final site inspection to ensure that the development was constructed, in accordance with the approved development order or development agreement.

C.

The director shall, within five working days following a final site inspection, either accept or reject the completed development.

1.

Upon acceptance, the director shall certify that the completed development is in compliance with the approved development order or development agreement and shall authorize the building official to issue a certificate of occupancy;

2.

If the completed development is rejected, the director shall provide written notice to the developer and the building official describing the basis or circumstances upon which the development was rejected.

D.

No certificate of occupancy shall be issued, nor shall the utilities or electric service be connected, nor acceptance of dedicated streets or easements be authorized until a certification of acceptance is issued by the director.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The director or the director's designated representative shall have the right to enter upon any public or private property at all reasonable times before, during or after the development to inspect the improvement or premises to insure compliance with this Unified Land Development Code.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Each zoning district may include designated conditional uses. A conditional use is a land use which may be appropriate in a designated zoning district but due to its nature, extent, performance, and possible external effects requires case-by-case review of its location, design, functions, impacts, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings.

A.

Applicability. A conditional use permit approved in accordance with this section is required before development or establishment of any use designated as a conditional use in any zoning district.

B.

A request for a conditional use permit shall be submitted to the planning department on forms the city provides. The request shall be subject to review and approval by the planning board. A request for conditional use permit may be considered at any regular or special meeting in accordance with section 102-45.

C.

Standard site plan and conditional use application items pursuant to section 102-30.E. shall be provided. When the proposed conditional use requires new improvements on the site or substantial changes to existing improvements, the applicable development approval, applicable building permit, and the conditional use permit must be issued before any work can be performed on the site or the conditional use established. However, should the applicant choose to obtain permits for improvements and conduct work in anticipation of issuance of a conditional use permit, the improvements are not allowed to be used for the proposed conditional use unless and until the conditional use permit has been issued. At the applicant's discretion, a development order application and conditional use permit application may be submitted concurrently.

D.

Conditional use permit review criteria; city action.

1.

The planning board shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the request for the conditional use permit, based on its determination that the applicant has demonstrated that the criteria in subsections (2) through (5) as applicable have been met.

2.

Except for community residences, recovery communities, and congregate living facilities, a conditional use permit shall only be granted if:

a.

Reserved.

b.

Reserved.

3.

Conditional use permits for community residences shall be granted pursuant to the applicable standards in section 110-9.

4.

Conditional use permits for recovery communities shall be granted pursuant to the applicable standards in section 110-10.

5.

Conditional use permits for congregate living facilities shall be granted pursuant to the applicable standards in section 110-11.

E.

Conditions of approval and safeguards may be imposed in order to mitigate potential adverse impacts and to ensure that the intent and purpose of this ULDC is maintained. Violation of such conditions and safeguards shall be deemed a violation of this ULDC. Conditions of approval may address but are not limited to:

1.

Special setbacks, open spaces and buffer areas

2.

Fences and walls

3.

Parking facilities, including vehicular access and egress and the surfacing of parking areas and driveways

4.

Regulation of operating hours for activities affecting normal neighborhood schedules and functions

5.

Regulation of signs

6.

Street and highway dedication and improvements, including sidewalks, curbs and gutters

7.

Landscaping and maintenance of grounds

8.

Regulation of nuisance factors such as noise, vibrations, smoke, dust, odors, and glare

9.

Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the comprehensive plan, and the intent and purpose of this ULDC.

F.

Issuance, terms and validity of conditional use permit.

1.

Upon approval of a conditional use permit, the planning department shall within ten days of such approval send notification to the applicant and property owner advising him or her of the terms of the permit.

2.

Unless the planning board specifies otherwise, a conditional use permit shall automatically expire within one year of the approval date unless the use the conditional use permit authorizes has commenced operating and been diligently continued, or the permit holder has obtained an extension of this time period from the planning board as described in this section. In the event of an appeal or litigation, the term of the permit shall not begin to run until the decision is final.

3.

A conditional use permit shall run with the land until it expires or is revoked.

4.

Abandonment or discontinuance. A conditional use permit shall automatically expire if the authorized use is discontinued and not resumed within six months of its discontinuance unless the planning board grants an extension of this time period as described in this section. The permit holder must submit extension request prior to the end of this six month period.

5.

Extension. The permit holder shall submit an extension request in writing that explains the circumstances necessitating the request and pay the required filing fee before the conditional use permit expiration date. The planning board may approve, approve with conditions or deny the request following a public hearing in accordance with section 102-45.

6.

Modification and revocation. The planning board shall conduct a public hearing pursuant to section 102-45 to modify or revoke any conditional use permit. The city retains the right to review and modify any conditional use permit granted and approved hereunder for any violations of the conditions imposed on such permit, if it determines the permit was obtained in a fraudulent manner, or the use or related development constitutes a nuisance. The planning department shall notify via certified mail the person owning, operating and/or any other person having an interest in the property for which a revocation or modification has been proposed before the public hearing and after its conclusion.

7.

When a conditional use permit request has been denied and any appeal or challenge has been exhausted, no substantially equivalent request for a conditional use permit shall be considered for a period of 12 months from the date the denial became final, unless the acting body at the time of the action waives this restriction.

(Ord. No. 3142, § 1, 4-11-2023)

A.

Requests for plan amendments/zoning changes shall be submitted to the planning department on forms to be provided by the city. The request shall be reviewed by the planning board which shall submit recommendations to the city commission for final action. Requests for plan amendments/zoning changes involving small-scale developments may be considered by the planning board at any regular or special meeting after sufficient public notice has been provided in accordance with section 102-45.

B.

Requests for small scale and large-scale plan amendments and the associated zoning changes will be considered by the planning board after review by the planning department and public notice. Final action shall be taken by the city commission after sufficient public notice has been provided in accordance with section 102-45.

C.

The planning department shall submit to the state and planning agency plan amendments approved by the city commission for consistency review pursuant to F.S. § 163.3184 and 163.3187.

D.

The procedure for the amendment of the comprehensive plan shall comply with the requirements of F.S. ch. 163.

E.

The planning board shall not recommend approval of a plan amendment/zoning change unless it makes a positive finding, based on competent evidence, on each of the following:

1.

The proposed plan amendment/zoning change will not degrade level of service standards established in the comprehensive plan, or minimum concurrency requirements;

2.

The proposed plan amendment/zoning change is in harmony with the general intent of the comprehensive plan;

3.

The proposed plan amendment/zoning change will not exceed traffic limitations, cause a fire hazard, or create a hazard to the public health, welfare and safety;

4.

Changes in land use designations or districts must be compatible with adjacent land uses and districts, and one that will not become a potential nuisance.

F.

If a comprehensive plan amendment and/or zoning change is denied by the city commission, the same shall not consider any further substantially equivalent requests on the same property for a period of 12 months. This shall not preclude an owner, applicant, or affected party from filing an appeal in accordance with section 102-44.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3139, § 1, 2-28-2023)

Any person desiring to undertake a development activity that does not comply with this Unified Land Development Code may apply to the planning official for a variance to the bulk regulations. All variances shall be subject to review and approval by the planning board so long as the variance does not require an amendment to the comprehensive plan, is not expressly prohibited and is not a use variance. In addition, it is not contrary to the public health, safety, and welfare, and is granted due to an unnecessary hardship to the property owner.

A.

Applicability. Variance requests that satisfy the criteria of section 102-42D. are authorized from the following regulations and standards:

1.

Height;

2.

Yards;

3.

Off-street parking and loading;

4.

Landscaping and buffers;

5.

Separation of uses;

6.

Lot coverage;

7.

Such other provisions of the code which do not specifically prohibit such requests.

B.

The city shall not act upon any variance request that would:

1.

Allow a use that is specifically or by inference prohibited in any zoning district classification, including an increase in the maximum density allowed within the zoning district;

2.

Apply to any provisions for which the code specifically prohibits waiver or modification.

C.

Supplemental application requirements. In addition to the general application requirements, the applicant shall provide a site plan of sufficient detail to clearly identify the variance request, and an explanation of how the variance is in accordance with the criteria of section 102-42D.

D.

Variance review criteria; city action. The planning board shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that the petitioner has demonstrated that the criteria provided in the following subsections 1 through 5 have been satisfied:

1.

That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city;

2.

That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community;

3.

That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted comprehensive plan, as amended from time to time, and all other similar plans adopted by the city;

4.

That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; and

5.

That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community.

E.

In granting any variance, the planning board may prescribe conditions and safeguards intended to mitigate potential adverse impacts from the variance and to ensure that the intent and purpose of the code is maintained. Violation of such conditions and safeguards shall be deemed a violation of this Code.

F.

No variance shall supersede or abrogate the requirements of flood damage prevention, or the requirements of the National Flood Insurance Program.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

A variance shall run with land once established (i.e., not expired or revoked).

B.

Whenever the planning board has denied a variance, the same shall not consider any further substantially equivalent request for variance on any part of the same property for a period of 12 months from the date of such action (or date of any final court order upholding denial of the variance), unless this restriction is waived by a unanimous vote of the members of the planning board present at the time of the vote.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The planning board shall have the authority to hear and decide appeals from any decision, determination, or interpretation by any administrative official with respect to the provisions of this Land Development Code.

A.

Initiation of appeal. An appeal may be initiated by an owner, applicant, or adjacent property owner aggrieved or affected by any order, decision, determination, or interpretation by an administrative official with respect to the provisions of this Unified Land Development Code so long as the appeal does not require an amendment to the Comprehensive Plan, does not conflict with the provision that expressly prohibits an action and does not constitute a use variance.

The appeal shall state the following: (1) The legal description, address and project name (if applicable) that pertains to the appeal. (2) The provisions of this ULDC that pertain to the appeal with the administrative official's interpretation, and the applicant's interpretation outlined. Reasons why the applicant believes the administrative official's interpretation is incorrect must be stated.

B.

Procedures. An appeal petition in the form prescribed by the planning official must be filed with the division within ten working days of the decision or action to be appealed. The filing of such appeal petition will require the administrative official whose decision is appealed to forward to the division, within five working days, any and all records concerning the subject matter of the appeal. Failure to file such appeal shall constitute a waiver of any rights to appeal any interpretation or determination made by an administrative official.

C.

Effect of filing an appeal petition. The filing of an appeal petition shall stay the proceedings unless the administrative official rendering such decision, determination, or interpretation certifies, in writing, to the board and the applicant that a stay would pose an imminent threat to life or property, in which case the board shall not stay the appeal. The board may review such certification and grant or deny a stay of the proceedings.

D.

Actions of the planning board. The planning board shall consider the appeal petition at its next scheduled meeting following receipt of all records concerning the subject matter of the appeal which shall be held not less than 15 days and no more than 45 days after the appeal is filed. Upon the conclusion of the hearing, the planning board shall issue and publish its decision in writing (but in no event later than 30 days) and send a copy thereof to the petitioner. The board may reverse, affirm, or modify the decision, determination, or interpretation appealed from, and, in so doing, shall be deemed to have all the powers of the official or board from which the appeal is taken, including the power to impose conditions to be complied with by the petitioner. The decision of the planning board shall be final and binding on all parties.

E.

Vote required. The concurring vote of at least three members shall be necessary for the approval of an appeal petitions. All decisions shall require the concurring vote of a majority of the members then present and voting at a meeting having a quorum.

F.

Appeal to the planning board. Any person or affected party aggrieved by any decision of the planning board may appeal to the County Circuit Court or to a special magistrate, if designated as part of the city's appeal process. Such appeal must be filed no later than 30 days after the appeal hearing before the planning board. Review shall be by petition for writ certiorari, and shall be governed by Florida law.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The purpose of this section is to set forth the requirements and procedures for public notice requirements to afford due process of law. Public notice requirements shall be as follows:

A.

Public notice requirements are mandatory for the following actions taken by the city commission, or planning board (as applicable):

1.

Variance and conditional use permit requests. Advertisement in the local newspaper at least ten days prior to the hearing before the planning board. Signage shall be placed on the parcel at least ten days prior to the planning board hearing. A public notice shall be mailed to the owners of property within a 300-foot radius of the subject parcel and be postmarked at least 14 days prior to the planning board hearing.

2.

Comprehensive plan map amendments and zoning requests (see section 102-55). Advertisement in the local newspaper at least ten days prior to the hearing before the planning board (the local planning agency). Signage shall be placed on the parcel at least ten days prior to the planning board hearing. A public notice shall be mailed to surrounding property owners within a 300-foot radius of the subject parcel, and shall be postmarked at least ten days prior to the planning board hearing.

3.

Vacations of rights-of-way (ROW) (see section 109-44D). Signage shall be placed at each end of the ROW subject segment at least ten days prior to the first reading of the ordinance. If the vacation is an alleyway, a public notice shall be mailed to all property owners within the block of the subject request. Other ROW vacation requests shall require a public notice mailed to property owners within 200 feet of the segment. All mailed notices shall be postmarked at least 14 days prior to the city commission hearing.

4.

Development order (DO). Development orders for major development applications shall require public notice on the property and on the city website. Signage shall be placed on the parcel upon determination of the public hearing date.

B.

Public notices also have the following requirements:

1.

All public notice costs shall be borne by the applicant. This includes, but is not limited to, all costs incurred due to advertising in the local newspaper and postage.

2.

All notices shall be mailed through the U.S. Postal Service certified by the applicant, and such receipts shall be submitted to the planning department with the list of recipients prior to the corresponding hearing for verification. If the receipts cannot be verified against the list of recipients, this may be cause for delay of any applicable hearing.

3.

Public notices may not be mailed prior to 30 days before the scheduled planning board hearing.

4.

The public notice shall be in the format supplied by the planning department.

5.

The applicant shall use the most recent property appraiser data for determination of the mailing list for surrounding property owners.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019; Ord. No. 3142, § 1, 4-11-2023)