It is the purpose of this article to provide for the establishment of procedures and guidelines for the hearing of appeals from any decision of an administrative official relative to the enforcement of the requirements of this chapter and the authorization of variances from the requirements of this chapter.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Upon receipt of an application for a variance, the planning and zoning director shall determine whether the variance may be considered and processed as an administrative variance pursuant to division 10 of this section, and shall schedule the variance for review and processing accordingly. Variances shall be processed and noticed pursuant to section 30-10, administration; generally applicable procedures.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Burden of proof. The burden of proof that the conditions for a variance exist shall be on the applicant.

B.

Landscaping variances. Variances from provisions of article 95, landscaping and vegetation, are subject to the criteria of section 95-1575, variances.

C.

Sign variances. Variances from the provisions of article 100, signage, are subject to the criteria of section 100-560, variances.

D.

[Additional criteria.] A variance from all other provisions of this land development code are subject to the following criteria unless otherwise specified in this chapter, and shall not be granted unless and until the city commission determines that:

1.

Special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of said land, structure or building.

2.

The circumstances which cause the hardship are peculiar to the property or to such a small number of properties that they clearly constitute a marked exception to other properties in the district.

3.

The literal interpretation of the provision of the land development code would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. (It is of no importance whatever that the denial of the variance might deny to the property use in a more profitable way or to sell it at a greater profit than is possible under the terms of this chapter.)

4.

The hardship is not self-created or the result of mere disregard for or ignorance of the provisions of this land development code.

5.

The variance is the minimum variance that will make possible the reasonable use of the property, and that the variance will be in harmony with the general purposes and intent of this land development code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

E.

Conditions and safeguards. In granting a variance, the city commission may prescribe appropriate conditions and safeguards as are, in their opinion, necessary to protect the public interest. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

F.

Use variances not authorized. Under no circumstances shall the city commission grant a variance to permit a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this land development code in said district or grant a variance increasing the residential density permitted in said district.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Application requirements. Variance requests shall contain information sufficient in detail to reasonably apprise the planning and zoning director, the planning and zoning board and the city commission of the nature and substance of the proposed variance. Variance requests shall be filed by written application to the planning and zoning department, which application shall contain the following, or as otherwise required on the planning and zoning department application submittal checklist:

1.

A legal description of the subject property with a current sealed land survey prepared by a registered land surveyor.

2.

A detailed description and justification of the proposed variance stating how the criteria for a variance have been met and be accompanied by the processing fee.

3.

Dimensioned plans showing the improvements that are the subject of the variance request.

4.

The person filing the application must be the property owner or an agent of the owner. Proof of ownership must be provided. If the applicant is other than the owner of record, a power of attorney from the owner of record to the applicant shall accompany the application affirming that the owner has granted full authority to the applicant to apply for the relief requested in the application. If the applicant is an attorney who is a member of the Florida Bar who is acting on behalf of the owner of record, no power of attorney shall be required, but the application shall be signed by the attorney who shall indicate his or her representative capacity.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The approval of a variance shall be void after a period of one (1) year unless a building permit, where required by law, has been issued and construction (pouring of the foundation) has begun.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The planning and zoning director may administratively approve the variances for structural encroachments into setbacks of no more than five (5) percent of the setback requirement provided the structural encroachment does not encroach upon an easement without authorization of the easement holder(s).

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The planning and zoning director may impose such conditions in a development order granting an administrative variance as are necessary to accomplish the goals, objectives and policies of the comprehensive plan and this section, including, but not limited to, limitations on size, bulk, location, requirements for landscaping, buffering, lighting, and provision of adequate ingress and egress.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

When granting an administrative variance, the planning and zoning director shall make one (1) or more of the following findings:

A.

Special and unique conditions exist which are peculiar to the applicant's case and which are not generally applicable to the property located in the zoning district;

B.

The special and unique conditions are not directly attributable to the actions of the applicant;

C.

The literal interpretation of this land development code, as applied to the applicant, would deprive the applicant of rights commonly enjoyed by the owners of other property in the zoning district;

D.

The variance granted is the minimum variance necessary for the applicant to make reasonable use of the property;

E.

Granting the variance is not detrimental to the public welfare, or injurious to property or improvements in the zoning district or neighborhood involved; and

F.

Granting the variance is not contrary to the objectives of the comprehensive plan of the city.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Determination of consistency with criteria. The planning and zoning director shall evaluate the application and determine whether the application satisfies the criteria for the granting of administrative variances. If the director finds in the negative, the applicant must proceed with a variance application pursuant to division 5 of this section. The director shall prepare a notice of intent to approve or deny the administrative variance.

B.

Notice of intent to approve. If the director finds that the administrative variance request complies with the criteria in section 55-1030, criteria for granting administrative variances, the director shall mail the notice to the applicant and all owners of all property within five hundred (500) feet of the property which is the subject of the administrative variance. The applicant shall furnish mailing labels and postage in accordance with the planning and zoning department's specifications, accompanied by a sworn affidavit attesting that the labels include the required mailing addresses.

C.

Protest procedure. Any property owner who wishes to protest the notice of intent to approve the administrative variance shall submit a written protest (by mail or hand-delivery) to the planning and zoning director no later than the fifteenth day following the date postmarked on the mailed notice. The fifteen-day period shall be referred to as the "protest period." It is the responsibility of the protestor to ensure and confirm that the planning and zoning department receives the protest notice within the protest period. The written protest shall not be valid unless the protestor's name, address, telephone number, and email address (if available) are included on the written protest.

D.

Disposition of application. If the director does not receive a valid written protest within the protest period, the director shall issue a final approval of an administrative variance to the applicant. If the director receives a written protest within the protest period, the protest shall operate to preclude the use of the administrative variance approval process. The application shall then be processed as a non-administrative variance pursuant to division 5 of this section.

E.

Expiration of administrative variances. An administrative variance shall automatically expire under the following conditions:

1.

The variance shall expire one (1) year from the date of the written determination by the planning and zoning director granting the administrative variance if a building permit, where required by law, has not been issued in accordance with the plans and conditions upon which the administrative variance was granted; and,

2.

The administrative variance shall expire if a building permit issued in accordance with the plans and conditions upon which the administrative variance was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of building permits.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Master plans approved for a PRD zoning district may not specify every usual and customary accessory structure on a single-family detached lot. This division sets forth the regulations and procedures to request an unspecified customary accessory structure in the rear yard of a single family detached lot in a PRD zoning district.

(Ord. No. 2020-023, § 3, 2-3-2021)

For purposes of this division 12, "accessory structure" shall mean a structure that:

(1)

Is not enclosed on all four (4) sides;

(2)

Is reasonable, customary and subordinate to the principal single family residence on the same lot in a PRD zoning district, such as an outdoor kitchen ("summer kitchen"), pergola or other such structure; and

(3)

Is not specifically shown on the approved master plan for the subject development in the PRD zoning district.

(Ord. No. 2020-023, § 3, 2-3-2021)

A.

Application requirements. An application for an accessory structure shall be made on forms provided by the planning and zoning department, and shall include the following:

1.

A completed building permit application for the proposed accessory structure and the applicable building permit application fee in the amount established by the city commission;

2.

If the proposed accessory structure encroaches into any easement, the applicant shall provide written and signed authorization to encroach from all owners of the easement(s);

3.

Acknowledgement by the applicant that separate approval from the applicable homeowners association may be required;

4.

Proof of ownership of the subject property; if the applicant is someone other than the owner, proof of authority to apply on behalf of the owner; and

5.

A survey of the property showing the proposed location of the proposed accessory structure on the lot, dimensions of the proposed structure, setbacks to the property line, and the height, depth and width of the proposed structure.

B.

Processing.

1.

The original application (including all required information) and the proof of payment of the applicable building permit application fee shall be submitted to the planning and zoning department.

2.

The planning and zoning director or designee shall review the application and documentation submitted by the applicant and determine whether the application includes all of the required information and complies with the accessory structure standards set forth in subsection (C) below.

3.

If the application is approved, the application shall be stamped approved and a copy shall be provided to the applicant. If the application is denied, the applicant shall be provided written notice of the denial and the basis for the denial.

4.

An applicant who believes they have been adversely affected by the decision of an administrative official in the interpretation of this article may file an appeal in accordance with the administrative appeal procedures set forth in section 55-1510 of the land development code.

C.

PRD accessory structure standards. Accessory structures proposed pursuant to the provisions in this article shall comply with all of the following standards:

1.

The structure shall meet the definition of "accessory structure" provided in section 55-1220 above;

2.

The structure shall be limited to installation in the rear yard of the subject home;

3.

The structure shall comply with all of the applicable provisions of the Florida Building Code;

4.

The structure shall comply with the minimum setback requirements for screen enclosures specified in the applicable PRD Ordinance for the subject development; and

5.

The structure shall not encroach on or within any setbacks established for other accessory structures in the applicable PRD ordinance for the subject development.

(Ord. No. 2020-023, § 3, 2-3-2021)

A.

Review by the planning and zoning board. The planning and zoning board shall review and decide appeals from any person who has been adversely affected by a decision of an administrative official in the interpretation or application of the land development code. The planning and zoning board may modify, reverse or affirm the administrative official's decision interpreting or applying the provisions of the land development code.

B.

Filing. Administrative appeals shall be filed by written application using the form provided by the planning and zoning department. All applications shall be accompanied by the processing fees as established by resolution of the city commission and all supporting evidence pertaining to the appeal. All appeals shall be filed with the planning and zoning department within thirty (30) days of the administrative decision, act or interpretation to which the appeal is directed.

C.

Processing.

1.

All applications for administrative appeals shall be scheduled for a hearing before the planning and zoning board.

2.

The applicant shall present the appeal at a public hearing before the planning and zoning board.

3.

The administrator subject to the appeal may present reasons and documentation supporting the initial decision.

4.

The concurring vote of six (6) of the seven (7) board members shall be necessary to reverse any order, requirement, or decision of an administrative official.

5.

Upon a decision, the planning and zoning board shall issue a written order to be forwarded to the city clerk that shall be sent to the applicant and become a part of the public records.

6.

Any decision by the planning and zoning board on an administrative appeal may be appealed to the city commission by the applicant or the city administrative staff.

7.

The burden of proof in any appeal shall be on the appellant.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Purpose and applicability. In order to address possible unintended violations of federal and state laws, subsequent to implementation of this land development code or its related rules, policies, and procedures in advance of costly litigation, land development code relief may be granted pursuant to this section.

B.

Application. A person or entity shall request relief under this section prior to filing a lawsuit, by completing a land development code relief request form, which is available from the planning and zoning department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

C.

Notice. The city shall display a notice on the city public notice bulletin board and shall maintain copies available for review in the city clerk's office. The notice shall advise the public that a request for land development code relief under a federal or state law is pending. The location, date and time of the applicable public hearing shall be included in the notice. Mailed notice shall also be provided to property owners within five hundred (500) feet, if the request for relief is site specific, in accordance with the mail notification procedure provided for variances in section 30-10, administration; generally applicable procedures.

D.

Application and hearing. The city commission shall have the authority to consider and act on requests for land development code relief submitted to the planning and zoning director. A public hearing shall be held within seventy-five (75) days of receipt by the city of the request for relief at a city commission meeting. A written determination shall be issued by resolution no later than seven (7) days after the conclusion of the public hearing. The determination may:

1.

Grant the relief requested,

2.

Grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or

3.

Deny the request. Any determination denying the requested relief shall be final, in writing, and shall state the reasons the relief was denied. The final written determination shall be sent to the requesting party by certified mail, return receipt requested.

E.

Additional information. If necessary, prior to the public hearing, the planning and zoning director may request additional information from the requesting party, specifying in sufficient detail what information is required. In the event a request for additional information is made to the requesting party by the city, the seventy-five (75) day time period to schedule a public hearing shall be extended to ninety (90) days to include the time necessary to seek and review the additional information. The requesting party shall have fifteen (15) days after the date the information is requested to provide the needed information. If the requesting party fails to timely respond with the requested additional information, the city shall notify the requesting party and proceed to public hearing and decision on the application using the original information the applicant provided.

F.

Criteria. In determining whether the land development code relief request shall be granted or denied, the applicant shall be required to establish:

1.

The applicant is a potential claimant under a federal or state law; and

2.

The applicant believes in good faith that the city—through implementation of its land development code—has intentionally or unintentionally violated federal or state law for the reasons stated in the land development code relief request; and

3.

The applicant satisfies the standard set forth in the applicable federal or state statutes, or legal precedent interpreting the applicable statutes, to establish that the requested relief is required by law.

G.

Exhaustion required. Completion of the land development code relief procedures of this section shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the city or the applicant. Completion of the land development code relief procedures shall constitute the exhaustion of all administrative remedies available from the city.

H.

Effect while pending. While an application for land development code relief or appeal of a determination of same is pending before the city, the city will not enforce the subject land development code, rules, policies, and procedures against the property owner, except the city may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Implementation of policy. This section implements the policy of the City of Parkland for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601 et seq.)("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the city's land use or zoning laws, rules, policies, practices and/or procedures (hereinafter, for the purposes of this section, the "land development code") as provided by the FHA and the ADA pursuant to the procedures set out in this section. The city commission shall appoint a special master who shall make final determinations on applications for reasonable accommodations related to relief from land development code regulations.

B.

Request to be in writing. A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the reasonable accommodation administrator. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. For a reasonable accommodation request involving housing or zoning, the application, shall, at a minimum, require the following information:

1.

Name and contact information for applicant or applicant's authorized representative; and

2.

Address of housing or other location at which accommodation is requested; and

3.

Description of reasonable accommodation required; and

4.

Description of the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought; and

5.

Reason(s) the reasonable accommodation may be necessary for the individual(s) with disabilities to use and enjoy the housing or other service; and

6.

A statement as to whether the applicant is requesting the accommodation in order to house more than three (3) unrelated people in a single-family dwelling; and

7.

A statement as to whether the applicant is seeking the accommodation in order to make housing and/or provision of housing financially viable, with supporting documentation; and

8.

A statement as to whether the applicant is seeking the accommodation is therapeutically necessary, with supporting documentation; and

9.

Proof of satisfactory fire, safety, and health inspections required by F.S. § 397.487, as amended, and other applicable law.

C.

Medical information; confidentiality. Should the information provided by the disabled individual to the city include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual(s), such individual(s) may, at the time of submitting such medical information, request that the city, to the extent allowed by law, treat such medical information as confidential information of the disabled individual(s). The city shall thereafter endeavor to provide written notice to the disabled individual(s), and/or their representative, or any request received by the city for disclosure of the medical information or documentation which the disabled individual(s) has previously requested be treated as confidential by the city. The city will cooperate with the disabled individual(s), to the extent allowed by law, in actions initiated by such individual(s) to oppose the disclosure of such medical information or documentation, but the city shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual(s).

D.

Determination process.

1.

The special master shall issue a written determination within sixty (60) days of the date of receipt of a completed application, except as provided in paragraph 3, below, and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request and/or impose conditions upon the grant of the request, or (3) deny the request in accordance with federal law. The reasonable accommodation administrator shall issue a written order on the request which either approves the request, denies the request or approves the request with conditions and/or modifications. If the request is denied, the order shall state the grounds therefore. All written determinations shall give notice of the right to appeal.

2.

The notice of determination shall be sent to the requesting party (i.e., the disabled individuals or representative) by certified mail, return receipt requested.

3.

If reasonably necessary to reach a determination on the request for reasonable accommodation, the special master, prior to the end of said sixty-day period, or the city manager or designee may request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the sixty-day period to issue a written determination shall no longer be applicable, and the special master shall issue a written determination within thirty (30) days after receipt of the additional information or ninety (90) days after the initial receipt of the application, whichever is later. If the requesting party fails to provide all of the requested additional information within said fifteen-day period, the special master or designee shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the city with regard to said reasonable accommodation request shall be required.

E.

Criteria for determination. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Further, the requesting party must demonstrate that:

1.

A physical or mental impairment which substantially limits one (1) or major life activities; a record of having such impairment; or that they are regarded as having such impairment.

2.

That the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the reasonable accommodation administrator, or designee, or by the city commission in the event of an appeal.

3.

The requested accommodation would not fundamentally alter the city's zoning scheme.

The special master may impose conditions or modifications he/she deems necessary to mitigate any factors which would fundamentally alter the residential character of the neighborhood or to protect the public health and safety or are reasonably necessary to assure compliance with his/her order.

F.

Appeal of determination. Within thirty (30) days after the special master's determination on a reasonable accommodation request is mailed to the requesting party, any other or any order or action of the reasonable accommodation administrator with respect to the application or this section, such applicant may appeal the decision to the city commission. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the city commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. Where the appeal is based upon a provision of the land development code, the planning and zoning board shall first hold a hearing to make a recommendation on the appeal to the city commission.

G.

Fees. There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the city commission, and the city shall have no obligation to pay a requesting party's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal.

H.

Stay of enforcement. While an application for reasonable accommodation, or appeal or a determination of same, is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

I.

Miscellaneous provisions. The following general provisions shall be applicable:

1.

The city shall display a notice in the city's public notice bulletin board (and shall maintain copies available for review in the planning and zoning department, the building/permitting division, and the city clerk's office), advising the public that disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.

2.

A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.

3.

The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal; and appearing at a hearing, etc., to ensure the process is accessible.

J.

Revocation of reasonable accommodation. Any reasonable accommodation received shall be deemed revoked if the applicant or the property upon which the accommodation is granted is found in violation of any provision of the order granting the reasonable accommodation by a court of law or by the special master hearing code enforcement cases.

K.

Recertification. All reasonable accommodation requests approved by the city are valid for no more than two (2) years. Recertification requests must be filed at least ninety (90) days before the conclusion of the end of the two-year period of effectiveness of the reasonable accommodation order. The process for recertification shall follow the same requirements as set forth above for "requests for accommodation", and review of recertification requests shall follow the same procedures as outlined above for new applications. The failure of the applicant to timely apply for annual recertification, or the denial of an application to recertify annually, shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same requirements as set forth above.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2018-009, § 2, 6-20-2018)

Unless otherwise allowed to continue as a nonconforming use or structure under article 25, nonconforming uses and structures, all existing, proposed and new development or redevelopment and uses of land in the city shall conform strictly to the provisions of this chapter. Except as expressly provided in this chapter, no development or use of land shall be undertaken without prior approval and issuance of a development order or permit. The fact that a development order, permit or decision has been issued by an officer or employee with apparent but not actual authority over the interpretation or enforcement of this chapter shall not stop or otherwise prevent the city from strict enforcement of the provisions of this chapter, as amended.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

An owner of property may obtain from the city commission a determination of the vested development rights. Nothing in this Code shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following:

A.

A governmental act of development approval was obtained prior to the effective date of these land development regulations or prior to the effective date of an amendment to these land development regulations;

B.

The property owner has detrimentally relied, in good faith, by making substantial expenditures based upon the governmental act of development approval;

C.

It would be highly inequitable to deny the property owner the right to complete the development; and

D.

The adoption of these regulations or any amendments thereto is the cause of the applicant's inability to complete the development.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Required information. Any property owner claiming to have vested rights under this section must file an application with the planning and zoning director for a vested rights determination within one hundred and twenty (120) days after the initial effective date of any amendment to this land development code. The owner shall request a determination of vested development rights by filing an application with the city upon a form to be provided for that purpose, setting forth the following information:

1.

The name and address of the applicant;

2.

A legal description of the property, which is the subject of the application;

3.

The name, address and telephone number of each owner of the property;

4.

Identification by specific reference to each provision of the comprehensive plan or land development regulation or other regulation (past or present) which the applicant believes supports the claim to vested development rights and the comprehensive plan provision, land development regulation, or other action (proposed or already taken) of the city which threatens the claimed vested development right;

5.

The specific vested development right claimed. This shall be a complete statement of the rights claimed by the applicant and the precise relief requested;

6.

A complete statement of the facts and law (with citations to appropriate statutes or case law where necessary) which the applicant intends to provide in support of the application and which the applicant believes supports the claim;

7.

Such other relevant information that the planning director may request;

8.

Such payment of fees as set forth in the land development fee schedule, as amended from time to time; and

9.

An application pertaining to property owned by more than one (1) person may be executed by any one (1) owner.

B.

Scheduling commission hearing; distribution of documents to commission members. Upon receipt of the complete application, the city clerk shall set the date and time for a hearing before the city commission and shall distribute to each member of the commission a copy of the application.

C.

Conducting, recording of commission hearing. At the hearing before the city commission, the applicant may present testimony, and the applicant as well as all other witnesses shall appear and respond under oath to questions by members of the city commission, the planning and zoning director, and the city attorney (or other attorney representing the city), and the applicant may present evidence. The hearing before the city commission shall be recorded and transcribed by a court reporter, who shall provide one (1) copy of the transcript to the city clerk at cost to the applicant. Where the city retains the services of outside counsel to represent either the commission or staff, the applicant shall pay one-half (½) the costs of said counsel's fee, including one-half (½) of any retainer requested prior to the hearing.

D.

Commission determination. At the conclusion of the hearing, the city commission shall determine to grant the application in full, grant the application in part or with conditions, or deny the application. In making its determination, the city commission shall be guided by the rule that the right to development of property is found to exist whenever the applicant proves by competent, substantial evidence that under federal or state law, the applicant has vested development rights.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)