(a)

All of the city's economic development related incentives are described or referenced within this chapter. The purpose of the incentives is to accomplish the following within the city: promote positive forms of new development and redevelopment; reward the creation and retention of value-added jobs; attract targeted businesses; revitalize the Port Orange Town Center and Eastport Business Center redevelopment areas; increase the nonresidential tax-base; and foster a diverse employment base within the city.

(b)

This chapter is not intended to remain static. It is anticipated that the incentives listed herein shall be amended from time to time to improve upon their focus, delivery and impact.

(Ord. No. 2001-55, § 1, 11-7-01)

(a)

Reduced development requirements on Ridgewood. To encourage investment along the city's original main street, a series of reduced development requirements have been established for all properties zoned Ridgewood Development (RD). The development requirements shall apply within the Ridgewood Development (RD) zoning classification, as follows:

(1)

Chapter 12, section 6(f)(3), alternative surfaces for off-street parking and vehicular use areas.

(2)

Chapter 13, sections 3(c), 3(d)(1)(c), 3(d)(3), 3(e)(1)(b), 3(e)(2), 4(b) and 5(d), landscape buffers.

(3)

Chapter 14, sections 3(a)(2) and 3(f), special provisions.

(4)

Chapter 15, sections 3(f), 5(b)(5), 6(b), 6(d), 7(c)(1)(b) and 7(c)(2)(c), signs.

(5)

Chapter 17, sections 25 and 27, zoning district regulations.

(b)

Reserved.

(c)

Deferment of impact fee payments. Upon written request, payment of city water, sewer and recreation impact fees may be deferred to a later point in the development review process. Rather than being paid just prior to the issuance of the building permit(s), these fees may be paid just prior to the issuance of the certificate of occupancy. Payment of county road and school impact fees may be deferred in a similar fashion, pursuant to article III, section 70-75(2)(b) of the Volusia County Code of Ordinances.

(d)

Live-work units. Recognizing that many of the properties within the Port Orange Town Center redevelopment area and those with direct frontage on Ridgewood Avenue (regardless of zoning) have historically been developed with "mom and pop" and "homegrown" type businesses, the city shall permit live-work units in such areas, provided that these establishments comply with all other requirements of this code and adopted building and fire codes. More specifically, the city shall permit a family to reside in a dwelling unit which is set within the principal (business establishment) structure.

(e)

Phasing of required site improvements. For all business and multifamily properties with direct frontage on Ridgewood Avenue (regardless of zoning); for all properties with industrial zoning located east of Clyde Morris Boulevard; and for all property located within the Port Orange Town Center and Eastport Business Center redevelopment areas, developers may be permitted to phase the required improvements of chapter 12 (road and vehicular use areas), chapter 13 (landscaping and buffers) and/or chapter 14 (architectural design) over a period not to exceed five years from the date of execution of the phasing agreement. However, with respect to chapter 13 improvements, phasing shall not be permitted within bufferyards adjacent to residential uses. To secure permission to phase improvements, a letter of request shall be filed with the city with a proposed phasing agreement outlining the installation of improvements in annual installments. Staff shall review the request for consistency with this subsection. If the request is approved by staff, the phasing agreement shall be executed by the mayor and attested by the city clerk and the property owner(s), and shall be recorded in the Official Records of Volusia County. In the event that the developer violates the recorded phasing agreement and has not completed the required improvements by the time specified for each improvement in the agreement, the violation(s) may be referred to code enforcement staff and the city shall have the right to pursue such other remedies as provided in the agreement and as provided by law including but not limited to the city's right to enter upon the property and to complete the improvements and to record a lien for the costs of completing the improvements.

(f)

Waiver of required site improvements for Ridgewood Corridor Targeted Business. Developers of all Ridgewood Corridor targeted businesses, as identified in subsection (k)(2), with direct frontage on Ridgewood Avenue south of Dunlawton Avenue (regardless of zoning) may request a waiver of required site improvements other than those improvements related to screening of outdoor storage and equipment, accessibility, building code, and fire code so long as there is no increase in the area of the principal structure and no increase in impervious area that would require drainage improvements.

(g)

Expedited review and approval. Pursuant to a written request, the city manager may designate a given development or redevelopment project as one which is worthy of an expedited review and approval process. Designation by the city manager shall be purely discretionary and afforded only in the most extraordinary circumstances. Upon designation, a community development staff member shall be designated as project manager and shall work in close contact with the applicant and his/her agent(s). Once formal plans have been prepared and submitted to the city, the project manager shall oversee an expedited staff development review of the project. In so doing, the project manager may take the necessary steps to schedule a special meeting of the staff development review committee (SDRC), the planning commission and/or the city council in order to secure timely approvals.

(h)

Neighborhood Investment Program (NIP). Pursuant to Resolution 00-30, this program enables the city to partner with recognized neighborhood organizations to undertake meaningful physical, cultural and recreational initiatives. Under the program, an organization may apply for up to $5,000.00 annually in grant money (to be matched by the city) to undertake specific initiatives in their neighborhood, including but not limited to: "landscaping, street lighting, benches, bike path and sidewalk construction, entrance improvements, youth/family literacy programs, after-school enrichment programs and art/music/dance training programs." Requests shall be reviewed and evaluated based on individual merit and the city reserves the right to reject any/all proposals. Review and consideration of requests contingent on appropriation of funds by city council.

(i)

City assistance with state and federal grant applications. Upon request, the city may provide assistance to given organizations/corporations in applying for available state and federal grants. Assistance may entail preparation/submission of grant applications, securing statements of local support and providing required local funding matches.

(j)

Redevelopment grants. The redevelopment grants are hereby created to reverse blighted conditions and to stimulate reinvestment within the city's redevelopment areas, namely Port Orange Town Center, Eastport Business Center, and the Ridgewood Corridor. To assist the private sector in this significant challenge, the city may extend grant monies to successful applicants pursuant to the following criteria and administrative processes.

(1)

Criteria. The following criteria are to be applied to given requests to determine eligibility for financial assistance pursuant to the city's redevelopment grants. All requests shall demonstrate the application of each criterion in the affirmative.

(a)

The subject property is located within the boundaries of the Port Orange Town Center CRA, the Eastport Business Center CRA, or abuts Ridgewood Avenue.

(b)

The applicant proposes to develop or redevelop the subject property, or to expand or renovate the building or accessory structure on such property, and the financial assistance requested shall be used in full or in part to initiate such improvements within the next 12 month period, barring all unforeseen obstacles.

(c)

The proposed improvements shall result in an aesthetic enhancement to the property and may conceivably spur similar investment in surrounding properties.

(d)

The proposed improvements pertain to the creation, retainment, or enhancement of a particular business/use which is expected to have a positive socio-economic impact on the corridor and neighborhood in question; or the proposed improvements pertain to the preservation and enhancement of a particular residential structure which was included in the city's Historic Survey (1996) and is visible from Dunlawton and/or Ridgewood Avenue (but not necessarily located thereon).

(e)

The proposed improvements shall be in harmony with the general intent and purpose of the redevelopment area in question, shall not be injurious to surrounding properties and shall not be detrimental to the given corridor or neighborhood.

(f)

The availability of matching funds to be invested by the applicant in the redevelopment of the subject property.

(2)

Types of assistance.

(a)

Demolition grant. Grants for demolition of existing structures that cannot efficiently be reused or properties with a documented history of code enforcement violations or criminal activity at the property. Priority may be given to motels and properties with documented repeat code enforcement violations or criminal activity at the property.

(b)

Façade grant. Grants for exterior improvements. Priority shall be given to targeted businesses, as identified in subsection (k).

(c)

Interior improvement grant. Grants for interior improvements to be used to assist with the cost of renovating or upfitting tenant spaces in existing buildings, including improvements to meet accessibility and other Building Code requirements. Priority shall be given to targeted businesses, as identified in subsection (k).

(d)

Landscape grant. Grants for the installation of landscape buffers along the right-of-way on existing sites that do not have them or that do not meet existing code requirements. Priority may be given to uses with outdoor storage/sales along the Ridgewood Avenue right-of-way and targeted businesses, as identified in subsection (k).

(3)

Conditions of approval.

(a)

[Review and consideration of requests contingent on availability of funds.] The review and consideration of grant requests pursuant to this program shall be contingent on the availability of funds during given fiscal years. If the city council determines that funds are limited in any given fiscal year, then the city council shall have the full right and authority to limit the number of requests to be considered during that fiscal year, and/or to limit grant monies to be extended to given requests.

(b)

Approval. All grant requests of $25,000.00 or less shall be reviewed and approved by the city manager. Grant requests in excess of $25,000.00 shall be reviewed and approved by city council. If there are multiple grant applications in any given year, the grants shall be ranked based upon the criteria set forth in subsection (j)(1).

(c)

Agreement required. If a request is approved, the terms by which financial assistance shall be provided shall be detailed in a redevelopment grant agreement to be signed by the mayor, the city manager, the applicant and appropriate witnesses thereto. The city shall provide the applicant with an appropriate template to follow for this purpose.

(d)

Conditions and safeguards. In approving a request, the city may prescribe appropriate conditions and safeguards to ensure compliance with this code or to satisfy the goals/objectives of the applicable redevelopment plan and/or corridor plan. Such conditions may include time limits for the initiation of the improvements, or any other conditions reasonably related to the criteria listed in the above sections.

(e)

After-the-fact reimbursement. If a request is approved, actual reimbursement shall not occur until close-out of the project in accordance with the plans and/or permits which were approved for construction.

(f)

Window for requests. Requests shall be filed with the city within one year of the issuance of the certificate of occupancy (C/O).

(g)

Rescinding approval. If a request is approved, the construction of the improvements has not commenced and the applicant then decides to significantly revisit the conditions/circumstances as approved, then the city manager shall have the right to rescind said approval, and the applicant shall be required to re-apply based on the revised set of conditions and circumstances.

(h)

Transfer of approvals. Approvals run with the business and property. An approval may only be transferred to another individual, for that same business on that same property, subject to an appropriate amendment to the redevelopment grant agreement with respect to the signatories.

(i)

Expiration of approval. Grants shall expire if within 12 months of the request being filed, the development order or the principal building permits as applicable have not been issued, or if at the discretion of the administrative official, are not imminent.

(k)

Targeted businesses program. The targeted businesses program (TBP) is hereby created to provide assistance to unique business ventures which, from time to time, may be targeted by the city by virtue of the anticipated socio-economic benefits. Targeted businesses may be extended incentives to aid in retaining their operations within the city; to aid in enhancing/expanding their operations in the city, or to aid in relocating their operations to viable property within the city. If approved, an agreement shall be prepared outlining the given incentives, their allocation and the conditions applicable thereto. The agreement shall then be executed and carried out in accordance with its terms.

(1)

Targeted businesses—City-wide. The following businesses shall be targeted businesses city-wide and may be extended assistance by the city pursuant to review and approval by the city council: marina; full service hotel with multi-room conference center serving not less than 500 conference participants; college/university; aviation operations; professional sport operations; entertainment industry operations; regional distribution facility; Fortune 500 company; corporate headquarters; master developer(s) for the riverwalk, causeway or down under districts; master developer(s) for the Eastport Business Center redevelopment area; commercial or industrial venture(s) promising extensive value-added jobs; any other enterprise/project referenced within the city's vision statement; and any other enterprise/project proposed and supported by ordinance of council.

(a)

City council approval. The city council shall retain the sole discretion to award or decline incentives in whole or in part and shall be under no obligation to enter into an incentive agreement with any particular business whether or not listed in subsection (k)(1) as stated above. In arriving at a decision the council shall consider the critical factors, including but not limited to the following: number of jobs, number of value added jobs, average wage, type of business venture, how the business venture addresses the critical needs within the city, location of business venture, value of construction, significance of improvements, anticipated tax revenue, multiplier implications on the local economy, health of the economy, availability of city funds and other factors deemed essential by the city council. To be considered by council, a written request providing a detailed overview of the business/project and the circumstances surrounding the need for assistance, shall be submitted to the city.

(b)

Possible incentives. Possible city incentives which may be extended to a targeted business as defined herein include, but shall not be limited to, one or more of the following: waive fees for applications, permits and/or inspections; grants/loans; water/sewer impact fee credits/deferrals; assistance with permit fees or mitigation for wetlands, trees, and gopher tortoises; engineering, landscaping, surveying, architectural design services; pre-permitted sites; dollars for value-added jobs; utility cost-sharing; and expedited review and approval.

(c)

Request. Requests shall be filed with the city within one year of the issuance of a certificate of occupancy (C/O).

(d)

Accountability. In situations where the city council elects to issue a grant based on the type, number and/or wages associated with jobs to be created then the required agreement shall specify; a) by what time (e.g. 18 months from commencement of construction) the targets must be met; b) the penalty specifics if the targets are not met, such as reimbursing the city to a prorated dollar amount based on the number/type/wage of jobs falling short of the respective targets, with interest; and c) when the city's grant shall be issued meaning at the time the certificate of occupancy is issued, half now/half later or when the targets are met. Incidentally, the city shall verify whether targets have been met by reviewing an audit of the business in question at their expense. In situations where the city council elects to issue a grant based on the size and/or value of the physical improvements to the property, then the agreement shall address similar specifics.

(2)

Targeted businesses—Ridgewood Corridor. The following businesses shall be targeted businesses along the Ridgewood Corridor and may be extended assistance by the city: restaurants; professional offices; adult/vocational education; appliance/electronic repair shops; business service; convenience stores without fuel operations; financial services; fleet-based services; health/exercise club; laboratory, research and development; personal services; developments that assemble land to create a connection from Ridgewood to the riverfront; water-based businesses (e.g. watersports sales and rentals, such as kayaks, jet skis, paddle boards, etc., water taxis, boat tours, fish markets, bait and tackle shops); eco-tourism (e.g. guided tours); grocery store; craft food and beverage producer; microbrewery; manufacturing (craftsman shop and limited); retail home building materials; and any other enterprise/project with an anticipated socio-economic benefit and supported by the city council.

(a)

Approval. The city manager is authorized to award or decline incentives in whole or in part and shall be under no obligation to enter into an incentive agreement with any particular business whether or not listed in subsection (k)(2) as stated above. In arriving at a decision, the city manager shall consider the following factors, including, but not limited to: whether the proposed business may conceivably spur similar investment in surrounding properties, whether the proposed business is expected to have a positive socio-economic impact on the Ridgewood Corridor, availability of city funds and other factors deemed essential by the city manager. To be considered by the city manager, a written request providing a detailed overview of the business/project and the circumstances surrounding the need for assistance, shall be submitted to the city. Priority for redevelopment grants shall be as identified in subsection (j)(2).

(b)

Possible incentives. Possible city incentives which may be extended to a targeted business as defined herein include, but shall not be limited to, one or more of the following: waive fees for planning and engineering applications, permits and/or inspections; grants/loans; assistance with permit fees or mitigation for wetlands, trees, and gopher tortoises; dollars for value-added jobs; utility cost-sharing; phased site improvements; and expedited review and approval.

(c)

Request. Requests shall be filed with the city within one year of the issuance of a certificate of occupancy (C/O).

(d)

Accountability. In situations where the city manager elects to issue a grant based on the type, number and/or wages associated with jobs to be created then the required agreement shall specify; a) by what time (e.g. 18 months from commencement of construction) the targets must be met; b) the penalty specifics if the targets are not met, such as reimbursing the city to a prorated dollar amount based on the number/type/wage of jobs falling short of the respective targets, with interest; and c) when the city's grant shall be issued meaning at the time the certificate of occupancy is issued, half now/half later or when the targets are met. Incidentally, the city shall verify whether targets have been met by reviewing an audit of the business in question at their expense. In situations where the city manager elects to issue a grant based on the size and/or value of the physical improvements to the property, then the agreement shall address similar specifics.

(e)

Rescinding approval. If a request is approved, the construction of the improvements has not commenced and the applicant then decides to significantly revisit the conditions/circumstances as approved, then the city manager shall have the right to rescind said approval, and the applicant shall be required to re-apply based on the revised set of conditions and circumstances.

(f)

Transfer of approvals. Approvals run with the business and property. An approval may only be transferred to another individual, for that same business on that same property, subject to an appropriate amendment to the incentive agreement.

(g)

Expiration of approval. Incentives shall expire if within 12 months of the request being filed, the development order or the principal building permits as applicable have not been issued, or if at the discretion of the administrative official, are not imminent.

(Ord. No. 2001-55, § 1, 11-7-01; Ord. No. 2005-70, § 1, 1-17-06; Ord. No. 2017-31, § 3, 12-12-17; Ord. No. 2020-24, § 1, 8-4-20; Ord. No. 2022-32, § 1, 1-17-23; Ord. No. 2025-18 meeting, § 1, 8-5-25)