The purpose of this article is to provide standards for site plan review and special exceptions in the interim period prior to adoption of final development review procedures.

(Ord. No. 2152, § 3(B)(23.AA-27), 3-17-82; Ord. No. 2179, § 1, 2-2-83; Ord. No. 2285, § 1, 7-17-85)

The purpose of site plan review shall be to ascertain that the proposed new development is in conformity with the comprehensive plan, is not detrimental to the neighboring land use; that an efficient pedestrian and vehicular traffic system including proper means of ingress and egress to the streets is provided for, and that the proposed project shall be a viable addition to the community.

(Ord. No. 2152, § 3(B)(23.AA-27.I.A), 3-17-82; Ord. No. 2179, § 1, 2-2-83; Ord. No. 2285, § 1, 7-17-85)

Site plan review is required as set forth in the general requirements for the various districts. For further clarification, site plan review is required as follows:

(1)

Single-family districts. Required for all nonresidential buildings.

(2)

RM-15, RMH-15, RM-20, RMH-20. Required for all permitted uses, except residential development up to and including five units.

(3)

CN. Required for all nonresidential development. Residential development shall comply with requirements for RM-15 districts.

(4)

CG. Required for sites 10,000 square feet or greater.

(5)

IL, IG. Required for sites one acre or greater.

(6)

OP, CM, RO, CF, U. Required for all development.

(Ord. No. 2152, § 3(B)(23.AA-27.I.B), 3-17-82; Ord. No. 2179, § 1, 2-2-83; Ord. No. 2285, § 1, 7-17-85)

Each site plan review package shall include:

(1)

Brief narrative. A written description of project programming, socio-economic characteristics of residents and planned amenities; financing, rental or sale prices and examples of previous work by the developer.

(2)

Presentation drawings:

a.

Topographic survey depicting existing elevations, all physical features and percolation characteristics of the soil.

b.

All lot dimensions and area.

c.

All building dimensions.

d.

Calculated densities, floor area ratios and parking counts.

e.

Utility plans, including stormwater drainage based upon soil percolation data.

f.

Landscaping plan.

g.

Points of ingress and egress.

h.

Easements for public access.

i.

Typical floor plans and front elevations of all buildings.

j.

Placement and sizes of all signs.

k.

Ground floor elevation in relation to mean sea level.

(Ord. No. 2152, § 3(B)(23.AA-27.I.C), 3-17-82; Ord. No. 2179, § 1, 2-2-83; Ord. No. 2285, § 1, 7-17-85)

(a)

Every site plan approved prior to the effective date of the ordinance from which this section is derived shall automatically expire within 18 months of the effective date of the ordinance from which this section is derived unless the owner of the property to which the site plan is applicable has received a validly-issued building permit and has initiated site plan improvements other than site preparation, land clearing, land filling and soil compaction.

(b)

Every site plan approved by the city council after the effective date of the ordinance from which this section is derived shall automatically expire within an 18-month period after such approval, unless the owner of the property to which the site plan is applicable has received a validly-issued permit and has initiated site plan improvements other than land clearing, land filling, soil compaction and other site preparation improvements.

(c)

Thirty days prior to the expiration of the 18-month period referenced in subsections (a) and (b) of this section, a property owner may apply for an extension to commence development by filing a petition therefor with the director of community development and environmental control on forms provided by the city. Such petition shall be granted by the director of community development and environmental control by finding that the applicant has:

(1)

Made a diligent and good faith effort to comply with all conditions and requirements for site plan approval, to acquire a building permit and to commence the construction of site improvements.

(2)

Been precluded from doing so for reasons beyond the control of the property owner.

(d)

The city shall not grant more than one extension with respect to a particular project for the improvement of land, and such extension shall not exceed a six-month period, respectively.

(e)

Notice of the decision of the director of community development and environmental control shall be provided to the applicant by certified mail within 15 days from the date of application.

(f)

If an extension is denied by the director of community development and environmental control, the applicant may appeal.

(g)

This section shall in no way be construed to impair or divest any rights granted pursuant to F.S. §§ 163.3220 and 380.06.

(Ord. No. 2520, § 1, 1-2-91)

(a)

Purpose. This section is intended to address the review procedures for those uses which have been designated as special exceptions within the permitted uses of the applicable zoning district. The city council shall decide only upon such special exceptions that are specifically authorized by the terms of this chapter, i.e., to grant special exceptions with such conditions and safeguards as are appropriate under this chapter or to deny special exceptions when not in harmony with the purpose, intent and requirements of this chapter.

(b)

Public hearings required. A public hearing shall be held by the planning and zoning board and city council in accordance with the public hearing procedures and notice requirements in section 31-4, prior to any decision regarding a request for special exception.

(c)

Submission. A site plan shall be submitted concurrently with the special exception. For special exceptions, the grant of the special exception shall expire if a building permit is not issued within two years from the date the special exception was granted by the city council.

(d)

Fees. The fees for special exceptions are set out in section 31-691 of this code, which references the land development application fee schedule. As applied to large family child care homes, the total land development application fees for site plan approval, special exception approval, and advertisement, shall be reduced by 80 percent or to an amount not to exceed $800.00, whichever is less.

(e)

Payment plan option. A payment plan option is available for the three following special exception uses: large family child care home, and place of worship. The aforementioned uses may choose to utilize the payment plan option as follows:

(1)

Half of the required fees due to apply for a special exception use approval (including special exception fees, site plan fees and advertising fees) may be submitted in lieu of full payment when a complete special exception application packet is officially submitted to staff. This payment will provide for review by both staff and the planning and zoning board. The remainder of fees due shall be provided by the applicant prior to application review by the city council within one year of planning and zoning board review or the application shall expire and officially be considered withdrawn.

(2)

Partial payment of fees submitted through this payment plan option are non-refundable and does not guarantee a final use approval.

(Ord. No. 2152, § 3(B)(23.AA-27.II.A, B), 3-17-82; Ord. No. 2366, § 2, 4-6-88; Ord. No. 2969, § 3, 6-2-04; Ord. No. 4028, § 1, 9-4-13; Ord. No. 4243, § 3, 2-21-24; Ord. No. 4258 , § 3, 5-1-24)

A special exception shall not be recommended by the planning and zoning board unless and until:

(1)

The planning and zoning board shall make findings that the granting of the special exception, with any appropriate conditions and safeguards that the board may deem necessary, will not adversely affect the public interest.

(2)

In reaching its conclusion and in making the findings required in subsection (1) of this section, the planning and zoning board shall consider and weigh, among others, the following factors, where applicable and shall show in the record such factors as were considered and the disposition made thereof. Further, the board shall find in the case of any of these factors, where they may be relevant and applicable, that the purposes and requirements of granting the special exception have been met by the applicant and are reflected in the site plan approved concurrently with the granting of the special exception:

a.

Ingress to and egress from the property and the proposed structures thereon, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.

Off-street parking and loading areas, where required, including consideration of relevant factors in subsection (2)a. of this section, and the economic, noise, glare or odor effects of the location of such areas on adjacent and nearby properties and properties generally in the district.

c.

Refuse and service areas, including consideration of relevant factors in subsections (2)a. and b. of this section.

d.

Utilities, including such consideration as hookin locations and availability and compatibility of utilities for the proposed use or structure.

e.

Screening, buffering and landscaping, including consideration of such relevant factors as type, dimensions and character to preserve and improve compatibility and harmony of use and structures between the proposed special exception and the uses and structures of adjacent and nearby properties and properties generally in the district.

f.

Signs, or outside displays, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety and economic effects of same on properties in the district.

g.

Required yards and open spaces. The board shall make such recommendations as it deems necessary, guided by the factors that may be described in this zoning district, based on the nature of the request and its effect.

h.

Other applicable requirements such as those found in sections 31-481 et seq., 31-566 et seq. and 31-596 et seq.

(Ord. No. 2152, § 3(B)(23.AA-27.II.C), 3-17-82)

(a)

Purpose and intent. The expedited permitting program provides qualifying projects an efficient process to resolve issues in a timely manner through face-to-face meetings with a city representative without sacrificing any requirements established in this chapter. The expedited permitting program is available to qualifying companies that are expanding operations or moving into the city so that value-added employment may be created at a faster pace.

(b)

Applicability. The following criteria shall be used to determine whether a company qualifies for the targeted expedited permitting program:

(1)

The property must be properly zoned and platted for the intended use to be eligible.

(2)

The company or business must fall into one of the following industry clusters to be eligible for targeted expedited permitting:

a.

Bioscience, Medical, and Pharmaceutical;

b.

Aerospace and Engineering;

c.

Information Technology;

d.

Business and Financial Services;

e.

Marine Businesses and Fishing Equipment Manufacturing;

f.

Corporate Headquarters;

g.

Alternative Energy Manufacturing/Development; and

h.

Education relating to the above industry clusters.

(3)

The company must demonstrate the capability to create at least 30 new jobs in the City of Riviera Beach and to hire Riviera Beach residents to the maximum extent possible within the first two years of operation, or expand its operation within the city as a result of creating at least 30 new jobs in the two years prior to the issuance of the certificate of occupancy for the new facilities; or a combination thereof.

(4)

Jobs created must be considered value-added employment based on the average wages and/or compensation paid by the employer. Value-added employment is defined when the average compensation package of positions created is at least 15 percent higher than the current per capita income level in the city.

(5)

Companies must pass the city's due diligence process to establish solvency and credibility prior to acceptance into the program. Due diligence reports (1) shall include a Dun & Bradstreet report and (2) must be reviewed by the city manager, community development director, and finance director for the city.

(6)

Notwithstanding the criteria above, a company may qualify for the targeted expedited permitting program if the company is a sanctioned project by the State of Florida or other officially sanctioned eco-nomic development organization (e.g. Office of Tourism, Trade and Economic Development (OTTED), Enterprise Florida, Riviera Beach CRA, or Business Development Board of Palm Beach County).

(c)

The program. Companies that have been accepted into the expedited permitting program shall receive the following benefits:

(1)

The city manager shall appoint a single point of contact at the city who shall be kept apprised of all developments relating to the review of the project by the city's staff in order to keep the project on track and provide a periodic status report to the company's project manager;

(2)

The community development department shall inform the applicant of the necessary steps required for project approval in a pre-application meeting;

(3)

The project shall receive priority at every phase of the review process by city staff, including face-to-face meetings;

(4)

The city's development review committee shall review and provide comments to the applicant within ten business days of submission of plans by the applicant;

(5)

In the case that major issues arise at any point during the development review process, a face-to-face meeting of all concerned parties will be called within three business days so that a resolution may be found in a timely and efficient manner; and

(6)

An economic section provided by the applicant will be included in the staff report for the project for the planning and zoning board and city council hearings.

(Ord. No. 3077, § 1, 4-7-10)