Reasonable fees sufficient to cover the cost of administration, publication of notice and similar matters may be charged to applicants for all development review, variances and other administrative relief. The amount of the fees charged shall be as established by resolution of the city commission filed in the office of the city clerk. Established fees shall be paid upon submission of an application or notice of appeal.

(Ord. No. 789, art. I, § 7, 8-11-92)

An application for development review may be withdrawn at any time. All fees are forfeited if an application is withdrawn.

(Ord. No. 789, art. I, § 9, 8-11-92)

(a)

Sign permit.

(1)

Application. Application for a permit to place, install, construct, erect, alter, repair or relocate any sign or advertising structure outside of the central business district shall be filed with the city building official on a form furnished by the city and shall consist of a drawing of the sign showing at least the size, mounting specifications and proposed location of the sign on the building. The drawing shall be considered part of the application. See section 46-585 for regulations pertaining to signage inside the central business district.

(2)

Appeals. The appeal process shall be as provided in section 46-44.

(b)

Driveway permit. Application for a permit to place a driveway on a city street will be filed in the city engineer's office. The application shall include a drawing showing the location and dimensions of the driveway and any other information about the driveway that the city engineer deems necessary. Permits for city and county roads must be issued by the state department of transportation or county engineering office.

(Ord. No. 789, art. I, § 13, 8-11-92)

(a)

Appeals of decisions of community development administrator. A developer or any adversely affected person may appeal a final decision of the community development administrator on an application for a development order. Appeals are made to the planning and development review board by filing a notice of appeal with the office of community development within 30 days of the decision. The notice of appeal shall contain:

(1)

A statement of the decision to be reviewed, and the date of the decision.

(2)

A statement of the interest of the person seeking review.

(3)

The specific error alleged as the grounds of the appeal.

(b)

Appeals of decisions of planning and development review board. A developer or any adversely affected person may appeal a final decision of the planning and development review board on an application for a development order. Appeals are made to the city commission by filing a notice of appeal with the office of community development within 30 days of the decision. The notice of appeal shall contain:

(1)

A statement of the decision to be reviewed, and the date of the decision.

(2)

A statement of the interest of the person seeking review.

(3)

The specific error alleged as the grounds of the appeal.

(c)

Review of actions of city commission. A final legislative action of the city commission may be reviewed in a court of proper jurisdiction as prescribed by law.

(Ord. No. 789, art. I, § 14, 8-11-92)

The planning and development review board is hereby created, and is empowered as stated in this division. Upon the appointment of and acceptance of appointment by members, the board may engage in planning operations within its jurisdiction, which shall be coterminous with its political boundaries except where otherwise provided for.

(Ord. No. 789, art. VI, § 1.01, 8-11-92)

(a)

The planning and development review board shall consist of seven members appointed by the city commission. Any interested person may be appointed to the board, but those with experience or interest in the field of planning and zoning shall receive special consideration. There may also be appointed, as ex officio members, the city manager or a member of the city commission.

(b)

The members of this board shall be appointed for staggered terms of three years each, and may be reappointed for consecutive terms. Any member may be removed by the city commission for failure to attend meetings as provided in this section, or for inattention to duties, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, or upon the written, signed request of any four members. Failure of any member to attend three consecutive regular meetings of the board without being excused by the board shall automatically be forfeiture of the office by that member.

(c)

The board shall have, and the city commission shall appoint, as its first membership, two members appointed to serve a one-year term, two members appointed to serve two-year terms, and three members appointed to serve three-year terms. Thereafter appointment shall be as provided in subsection (a) of this section.

(Ord. No. 789, art. VI, § 1.02, 8-11-92)

The chairman and vice-chairman of the planning and development review board shall be elected by the board from among its members. The term of office shall be one year, with eligibility for reelection. The board shall appoint a secretary, who may be a member of the board or an employee of the city.

(Ord. No. 789, art. VI, § 1.03(1), 8-11-92)

The planning and development review board shall meet at regular intervals to be determined by it, and at such other times as the chairman or board may determine. The rules or bylaws adopted by the board shall reflect the schedule of regular meetings, the manner in which notice shall be given, the date, time and place, and the subjects to be discussed, as well as the method of conducting special meetings. A simple majority of the total membership shall constitute a quorum. After a quorum has been established, a simple majority of that quorum can transact any official business, except in those instances where there is to be an adoption or amendment of the board's rules or bylaws or elements of the comprehensive plan or regulations, and then a vote of the simple majority of the total membership shall be necessary. All meetings of the board shall be public.

(Ord. No. 789, art. VI, § 1.03(2), 8-11-92)

The planning and development review board shall adopt rules or bylaws for the transaction of its business, which rules or bylaws shall set forth the procedures, rules and regulations necessary for the board to conduct its business. The board shall keep a properly indexed record of its resolutions, transactions, findings and determinations, which shall be a public record.

(Ord. No. 789, art. VI, § 1.03(3), 8-11-92)

The planning and development review board may, subject to the approval of the city commission, consider and, within the financial limitation set by appropriations made or other funds available, employ such experts, technicians and staff as deemed proper, and establish and pay their salaries, contractual charges and fees and such other expenses as are necessary to conduct the work of the commission.

(Ord. No. 789, art. VI, § 1.03(4), 8-11-92)

The planning and development review board may make recommendations to the city commission as to appropriations, salaries, fees and expenses necessary in the conduct of the work of the board, and also as to a schedule of fees to be charged by it. To accomplish the purposes and activities authorized by this division, the board, subject to and with the approval of the city commission, is authorized to expend all sums so appropriated by the city commission, and other sums made available for its use from fees, gifts, state or federal grants or loans and other sources when acceptance of such loan is approved by the city commission.

(Ord. No. 789, art. VI, § 1.04, 8-11-92)

The functions, powers and duties of the planning and development review board shall be to:

(1)

Acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the area of the city, statistics on past trends and present conditions with respect to population, property values and land use, and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the city and its surrounding area and various parts.

(2)

Pursuant to and in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, serve as the local planning agency for the city and perform the functions and duties prescribed in the act.

(3)

Establish principles and policies for guiding action in the development of the area.

(4)

Review proposed rezonings and develop a recommendation to forward to the city commission.

(5)

Review proposed comprehensive plan amendments and develop a recommendation to forward to the city commission.

(6)

Review requested special uses and home occupations. The board will develop a recommendation to the city commission concerning these requests.

(7)

Review and act upon requests for variances.

(8)

Review proposed major developments and develop a recommendation to forward to the city commission.

(9)

Act as an appeal board on decisions made concerning signage outside the historic district, and any other decision made by the administrators of this chapter.

(10)

Serve as the accredited representative of the city commission for the purpose of reviewing and approving plats as provided for in F.S. chs. 163 and 177 where so designated by the city commission in the city's land use and development regulations and procedures for subdivision and plat approval.

(11)

Perform any other duties which lawfully may be assigned to it.

(Ord. No. 789, art. VI, § 1.05, 8-11-92)

The planning division of the city shall serve as staff to the planning and development review board under the direction of the planning administrator. The board, through the planning administrator, may request information from any city or county department or official. Each department head or official shall supply the requested information, or reasonable grounds for unavailability, within a reasonable time.

(Ord. No. 789, art. VI, § 1.06, 8-11-92)

When the boundary lines of an established zoning district are proposed for change (rezoning), the planning and development review board and the city commission shall consider the following criteria in making recommendations and decisions on such changes:

(1)

The existing use and zoning of nearby property.

(2)

Whether the property affected by the zoning decision has a reasonable economic use as currently zoned.

(3)

The extent to which the destruction of property values resulting from existing zoning of specific parcels promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public as compared to the hardship imposed upon the individual property owner by the proposed zoning classification.

(5)

The suitability of the subject property for the zoning purposes as proposed.

(6)

The length of time the property has been vacant under the present zoning classification considered in the context of land development in the vicinity of the property.

(7)

Conformity with the city's comprehensive plan and future land use map.

(8)

Whether the zoning decision will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools.

(9)

Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning decision.

(Ord. No. 881, § 1, 2-10-98)

Any development proposed within the city is required to go through a review process (see section 46-8(b) for exemptions). Small, simple developments (minor developments) can receive approval to proceed (a development order) from city staff, while larger, more complex or controversial developments (major developments) will require a more in-depth review process that includes review by both the planning and development review board and the city commission.

(Ord. No. 789, art. I, § 12.01, 8-11-92)

The first step in obtaining a development order is to schedule a meeting with city staff to discuss the following:

(1)

Development type and proposed location. Delineation of the proposed development by type is necessary to determine in what zoning districts the use is allowed, if rezoning is required, or if the use falls in the special use category, which requires a specific review process.

(2)

Development review classification. The classification of a development is necessary to determine what level of review is required (minor or major process).

(3)

Submittal requirements. When a development order is requested, a development plan showing the characteristics of the proposed development shall be submitted. These requirements are covered in section 46-104.

(Ord. No. 789, art. I, § 12.02, 8-11-92)

*Basis of Valuation for Building Permit Fee for Residential:

$100.00 per square foot—Heated and cooled space

$57.00 per square foot—Garage/unheated and uncooled

$43.00 per square foot—Porch/unheated and uncooled

All other fees and processes remains the same except as noted above.

(Ord. No. 1046-2012 , § 1(Att. A), 4-10-12)

Editor's note— Ord. No. 1046-2012 , § 1(Att. A), adopted April 10, 2012, repealed §§ 46-103—46-106, which pertained to development review process and derived from Ord. No. 789, adopted August 11, 1992.

Editor's note— See note to § 46-103.

When an activity is prohibited because of dimension requirements, a variance may be requested. The process for requesting a variance is as follows:

(1)

A request for variance shall be submitted to the community development department.

(2)

City staff will review the proposed variance. If the variance application is incomplete, the developer will be notified by mail that the application is incomplete and required to submit the necessary information. If the variance is ten percent or less of the dimension concerned and all information is complete, the city staff will make a decision. If the variance is ten percent or more of the dimension concerned, the city staff will make a recommendation and submit the proposal to the planning and development review board for approval. The adjacent property owners must be notified of the proposed variance.

(3)

Once the variance is obtained, the developer can proceed to obtain building permits, occupational licenses and all other necessary permits.

(Ord. No. 789, art. I, § 12.07, 8-11-92)

A development order is valid for 180 calendar days after issuance. Development orders shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.

(Ord. No. 789, art. I, § 12.08, 8-11-92)

It is the intent of the city commission to promote the health, safety and welfare of the citizens of the city by providing an equitable, effective and inexpensive method that ensures that public facilities are in place before a proposed development is undertaken and a method that requires development to pay for the actual cost of a pro rata share of infrastructure improvements which are created as a direct result of the development. Public services and facilities shall be available concurrently with the impact of development.

(Ord. No. 789, art. VIII, § 1, 8-11-92)

This division is enacted pursuant to the requirements and authority of F.S. ch. 163 and administered pursuant to rule 9J-5 of the Florida Administrative Code.

(Ord. No. 789, art. VIII, § 2, 8-11-92)

(a)

A certificate of concurrency is issued after an application for concurrency is completed by the developer or owner of the development and approved by city staff. If city staff decides that the development, redevelopment or expansion will not degrade the level of service adopted for public facilities and services by the city comprehensive plan, then a certificate of concurrency will be issued. If the project results in a system exceeding the adopted level of service, then the project will be denied. The public facilities include potable water, solid waste disposal, sewage treatment, stormwater management, adequate roadway capacity and recreation areas.

(b)

A concurrency determination will be made by the city staff within 20 days of receiving the completed concurrency application. This time may be extended by the city staff when required by circumstance, so long as the developer is notified of such delay, the reason for the delay, and when a response will be available. The applicant will receive notification of the decision by mail.

(c)

For a certificate of concurrency to be issued, one of the following requirements must be met:

(1)

All necessary facilities and services are in place at the time a development permit is issued;

(2)

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

(3)

The necessary facilities are under construction at the time a permit is issued; or

(4)

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of subsections (c)(1) through (3) of this section.

(d)

The certificate of concurrency is valid as long as the development order is valid. If the certificate of concurrency is issued without a development order, the certificate is valid for six months.

(Ord. No. 789, art. VIII, § 3, 8-11-92)

Based on the level of service standards adopted in the city comprehensive plan, the available capacity of public facilities and services shall be determined by subtracting the capacity committed to existing development from the design capacity of the facilities. The total can then be compared to the projected increment of demand created by the proposed development to determine if concurrency requirements are satisfied.

(Ord. No. 789, art. VIII, § 4, 8-11-92)

Procedural steps for the concurrency management process are as follows:

(1)

Step one. The applicant shall have a preapplication conference with city staff. The purpose will be to discuss requirements of the development for compliance with city codes.

(2)

Step two. The applicant shall submit a certificate of evaluation to city staff.

(3)

Step three. Within 20 days of receiving the application, city staff will determine if the development will degrade the level of service requirements. The applicant will receive formal notice by mail.

(4)

Step four. The applicant may appeal city staff's decision to the board of adjustments and appeals.

(5)

Step five. A development order will be issued after proper infrastructure is in place.

(Ord. No. 789, art. VIII, § 5, 8-11-92)

Every plotted residential parcel in the city as of the adoption of the ordinance from which this chapter is derived will be considered as vested for concurrency. Parcels zoned commercial or industrial will be reviewed for concurrency on a case-by-case basis. However, the vesting of these parcels does not obligate the city to supply the infrastructure necessary to serve the parcels. All infrastructure placed to serve these parcels shall meet all applicable city standards and codes.

(Ord. No. 789, art. VIII, § 6, 8-11-92)

The city will not extend any service beyond its municipal boundaries unless:

(1)

It is determined that there is adequate capacity for serving areas of projected growth within the city while still maintaining an adequate amount of excess capacity.

(2)

All extensions are paid for by the developer or the residents requesting the service.

(Ord. No. 789, art. VIII, § 7, 8-11-92)

A concurrency management report will be submitted, in summary form, to the state department of community affairs each year. This form summarizes the existing demand and capacity of public infrastructure. If the amount of service is found to be deficient, the city cannot issue certificates of concurrency until the situation is resolved.

(Ord. No. 789, art. VIII, § 8, 8-11-92)