(a)

The planning and zoning director is designated and authorized to enforce this chapter.

(b)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be punished as provided in section 1-7.

(Code 1981, § 22-25; Ord. No. 1335, § 2, 8-7-2012)

(a)

Authorized; notice. The city council may amend, supplement, change or repeal the regulations, restrictions and district boundaries established under this chapter. Before any change in district boundaries shall be made, including properties being annexed into the City of Sebring with other than R-1 zoning, the petition for zoning change shall be submitted to the planning and zoning board for their consideration and recommendations.

(1)

City-initiated rezoning for real property in excess of 100 acres in size. The city shall mail a notice to each person owning real property within an area covered by the ordinance, clearly explaining the proposed ordinance and notifying the person of the time, place and location of any public hearing on the proposed ordinance as follows:

a.

The city shall hold two advertised public hearings on the proposed ordinance, after 5:00 p.m. on a weekday. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

b.

The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to F.S. ch. 50. It is the legislative intent that, whenever possible, the advertisement appears in a newspaper that is published at least five days a week unless the only newspaper in the municipality is published less than five days a week. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The City of Sebring proposes to adopt the following ordinance: (Title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place).

Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

(2)

City-initiated rezoning for real property of 100 acres or less in size.

a.

Posting. The property for which the zoning change is proposed shall be posted on all sides fronting on public streets with a notice of application for zoning change in such form as shall be required by the building official. The notice shall be posted at least 15 days prior to the public hearing by the city in an open and conspicuous place, adjacent to the property line, to allow the general public to read the notice.

b.

Mail. A similar form of notice shall be mailed by the city to the owner of the property for which the zoning change is proposed and all owners as shown on the latest tax assessor's records of property lying within 200 feet of the property for which the proposed change of zoning is requested not less than 15 days prior to the public hearing. A certificate of mailing of such notices from the U.S. Post Office shall be retained by the city prior to the hearing. City staff shall provide the building official and the planning and zoning board with:

i.

A list of the names and addresses of all such property owners as shown on the latest tax assessor's records;

ii.

A sketch showing the general location and shape of the property for which the zoning change request is made and the location of each parcel of property lying within 200 feet of the property, with the ownership of each parcel shown.

(3)

For zoning changes initiated by the owner of the real property affected or the owner's legal representative:

a.

Posting. The property for which the zoning change is proposed shall be posted on all sides fronting on public streets with a notice of application for zoning change in such form as shall be required by the building official. The notice shall be posted at least 15 days prior to the public hearing by the applicant in an open and conspicuous place, adjacent to the property line, to allow the general public to read the notice. Proof of such posting shall be provided to the city.

b.

Mail. A similar form of notice shall be mailed by the applicant to all owners of property lying within 200 feet of the property for which the proposed change of zoning is requested not less than 15 days prior to the public hearing. A certificate of mailing of such notices from the U.S. Post Office shall be submitted to the city prior to the hearing. It shall be the responsibility of the party requesting the zoning change to provide the building official and the planning and zoning board with:

i.

A list of the names and addresses of all such property owners as shown on the latest tax assessor's records;

ii.

A sketch showing the general location and shape of the property for which the zoning change request is made and the location of each parcel of property lying within 200 feet of the property, with the ownership of each parcel shown.

c.

Publication. The publication of all notices required for any zoning change or future land use change ordinances shall be at the expense of the party requesting the change.

(b)

Who may apply; fees. All applications for zoning changes, except for changes proposed by the city, shall be made by the owner of the property affected, or the owner's legal representative, on a form to be provided by the city, and shall be accompanied by such exhibits as may be required by the city planning and zoning board, together with an application fee, for each application, in the amount set out by resolution of city council, as amended from time to time. If an application for rezoning will require a change in the city's future land use plan, the application shall also be accompanied by an additional fee, for each application, in the amount set out by resolution of city council, as amended from time to time. If the zoning change and/or future land use change is made in conjunction with annexation of the property, the fees may be waived by the city council.

(c)

Effect of denial of rezoning petition. Upon denial of a petition for the rezoning of property, the planning and zoning board and the city council shall not consider:

(1)

Any further petition for the same rezoning of any part of the same property for a period of one year from the date of such denial;

(2)

A petition for any other kind of rezoning on any part of the same property for a period of six months from the date of such denial.

The time limits of subsections (c)(1) and (2) may be waived by the affirmative vote of four members of the planning and zoning board when such action is deemed necessary to prevent injustice or to facilitate the proper development of the city.

(4)

This prohibition shall not be applicable if the denial of a petition for rezoning of property was initiated by the city.

(Code 1981, § 22-24; Ord. No. 1138, § 2, 3-1-2005; Ord. No. 1159, § 1, 8-16-2005; Ord. No. 1301, § 1, 5-18-2010; Ord. No. 1368, § 1, 12-17-2013)

State Law reference— Adoption of land development regulations, F.S. § 163.3194; adoption of zoning amendments, F.S. § 166.041(3)(c).

(a)

The lawful use of a building existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building; provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the building, are made in the building. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period of not less than 90 days, every future use of such premises shall be in conformity with the provisions of this chapter. However, where existing single-family homes are made nonconforming by this chapter, such uses shall be allowed to continue. In addition, repairs, maintenance and additions may be made to existing single-family homes made nonconforming by this chapter.

(b)

The lawful use of land existing at the time of passage of this chapter, although such use does not conform to the provisions of this chapter, may be continued; however, no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter. If such nonconforming use is discontinued for a continuous period of not less than 90 days, any future use of the premises shall be in conformity with the provisions of this chapter. Where land which is now used for a use excluded from the district in which such land is located and such use is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than three years from February 15, 1944.

(c)

If no structural alterations are made, a nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter. When a district shall be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.

(d)

Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 75 percent of its assessed value by fire, explosion or other casualty, act of God, or the public enemy, nor the continued occupancy or use of such building or part of the building that existed at the time of such partial destruction.

(e)

In all residential zones, an additional kitchen is authorized for the use of family or nonpaying guests when proper application for such authorization is made and approved by the planning and zoning board. The applicant in making the request for such authorization shall agree that the additional kitchen shall never be used for paying guests or commercial use.

(f)

In residential zones where lot areas are large enough, a guest house may be constructed in a separate building. In making application for authorization to build, the applicant must agree that the separate building shall not be sold at any time to a prospective buyer unless it is so constructed that the lot area around the building and the dimensions of the building meet all requirements of the zoning regulations. Further, in order to authorize sale of such building, it must be so located on the lot that it is accessible to a city street.

(g)

The planning and zoning board may require all applicants for alterations under this chapter to agree in writing that such applicant, his heirs and assigns, will use the premises in accordance with the permit granted. The agreement shall be legally executed in such manner that it may be recorded and thereby encumber the property, giving notice to all prospective buyers of the restrictive use of such property.

(Code 1981, § 22-18; Ord. No. 1484, § 1(Exh. A), 4-5-2022)

(a)

Mobile home parks which are nonconforming by use may not be redesigned, expanded in area, or modified to accommodate more mobile homes. Replacement of existing mobile homes in such parks shall be prohibited.

(b)

Mobile home parks that are nonconforming by design only (for example do not meet development/design standards, such as setbacks, area requirements, etc.) may be expanded in area and/or modified so as to reduce or eliminate those aspects of design that render it nonconforming.

Replacement of existing mobile homes in mobile home parks that are legally nonconforming by design may be permitted.

A property owner may apply to rezone to planned development to recognize existing conditions and allow for conditions of approval to reduce nonconformities but also to address unique aspects of existing mobile home parks.

Such parks may be expanded, redesigned, and/or modified to reduce, or eliminate, the design nonconformance upon submission of:

(1)

An existing conditions survey showing all visible site improvements, existing buildings, the boundary of the development, and location of the lots in reference to the centerlines of the street within said mobile home park; and

(2)

A site development plan showing:

a.

Overall density of the park will not exceed the allowable density established in the comprehensive plan and the appropriate section of this Code.

b.

An area set aside for recreation, comprising 100 square feet per mobile home site. Recreation areas shall not be longer than two times its width.

c.

No new mobile homes placed within ten feet of any property line.

d.

Where possible, all development standards of the zoning district have been met, or the degree of nonconformity reduced. In no case shall the degree of nonconformity of any design aspect be increased.

e.

Submissions for expansions and modifications to these parks shall be processed as site development plans.

A redesign proposal that does not include the addition of new mobile home spaces, shall not be subject to conditions (b)(2)a. and (b)(2)b. above.

(c)

Replacement of existing mobile homes in such parks that are nonconforming by design shall be permitted in accordance with the standards of the Mobile Home Park District.

(Ord. No. 1484, § 1(Exh. A), 4-5-2022)

(a)

General requirement. No vacant land shall be occupied or used, except for agricultural, grove, pasturage or aviation purposes, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the building official.

(b)

Buildings. Certificates of occupancy for a new building or for the alteration of an existing building shall be applied for coincident with the application for a building permit, and such certificate shall be issued within three days after the request for the certificate shall have been made in writing to the building official after the erection or alteration of such building or part of the building shall have been completed in conformity with the provisions of this chapter. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building official for a period of not to exceed six months, during the completion of alterations or during the partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this chapter; and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(c)

Land. Certificates of occupancy for the use of vacant land, or the change in the character of the use of land, as provided in this section, shall be applied for before any such land shall be occupied or used; and a certificate of occupancy shall be issued within three days after the adoption has been made, provided such use is in conformity with the provisions of this chapter.

(d)

Information on certificates; records. Certificates of occupancy shall state that the buildings or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the building official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.

(e)

Excavations. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

(f)

Nonconforming uses. A certificate of occupancy shall be required of all nonconforming uses.

(Code 1981, § 22-21)

The zoning clerk shall maintain the files and records of the planning and zoning board and the local planning agency. The zoning clerk, or designee, shall attend all meetings of the planning and zoning board and the local planning agency and those meetings of the city council where matters of planning and zoning are under discussion. The clerk shall further:

(1)

Receive petitions for amendments to this chapter and requests for special uses, conditional uses, appeals and zoning variances and refer the same to the proper authority;

(2)

Issue notices of hearings and such other notifications, when required by the city council, the planning and zoning board or the local planning agency under the terms of this chapter; and

(3)

Perform such other clerical duties as may be required for the conduct of business.

(Ord. No. 1254, § 2, 12-4-2007; Ord. No. 1311, § 2, 10-19-2010)

(a)

Powers in the granting of conditional uses. The city council is authorized and empowered to hear requests for such conditional uses as are specifically authorized by the terms of the Sebring Code, to decide such questions as are involved in determining whether a conditional use should be granted; and to grant conditional use permits with such conditions and safeguards as are appropriate under this chapter; or to deny requests for conditional uses when not in harmony with the purpose and intent of this chapter and the Sebring Code.

(b)

Conditional uses permitted. Conditional uses that may be permitted in the applicable zoning districts by the city council, after public hearing, subject to appropriate conditions and safeguards are:

(1)

Alternative energy system, if allowed in the underlying zoning district.

(2)

Any conditional uses specified in the district regulations in this Code.

(3)

Educational, recreational and social centers, not operated for profit and intended to serve the surrounding neighborhood, if allowed in the underlying zoning category.

(4)

Guesthouses in residentially zoned districts, providing that the owner executes an agreement that such guesthouse will not be used for rental purposes and providing such guesthouse shall have a minimum floor area of 600 square feet if allowed in the underlying zoning district.

(5)

Mining, if allowed in the underlying zoning district.

(6)

Open parking lots accessory only to a permitted use or allowed by conditional use in the district.

(7)

PWS facilities, if allowed in the underlying zoning district. PWS facilities may be allowed in residential zoning districts if required by F.S. § 365.172(12), as amended.

(8)

Places of religious assembly, if allowed in the underlying zoning district.

(9)

Private schools offering curricula substantially equivalent to public schools of comparable grades and meeting requirements of the state department of education, if allowed in the underlying zoning district.

(10)

Child care facilities.

(c)

Application. A conditional use shall not be granted unless and until:

(1)

A complete written application for a conditional use permit has been submitted, indicating the section of this chapter under which the conditional use is sought and stating fully the grounds on which it is requested, including compliance with the standards set forth in section 26-41. All applications shall be made by the owner of the subject real property, or the owner's legal representative, on a form to be provided by the city, and shall be accompanied by an application fee, for each application, in the amount set out by resolution of city council, as amended from time to time.

(2)

Applications for PWS facilities shall also include information sufficient to evaluate the visual impact of the proposed facility. This may include, but shall not necessarily be limited to, photo simulations, photo montage or other techniques to illustrate how the facility will appear at ground level from: a public street, a place where the public is admitted for general use, or from a residential use.

(3)

Notice of public hearings by the planning and zoning board and city council on such request for conditional use permit as required by this chapter.

(4)

Each public hearing has been held, at which any interested party may appear and be heard in person, or by agent or attorney.

(d)

Planning and zoning board review authorized; notice. The planning and zoning board shall hold a public hearing on the requested conditional use permit after notice as follows:

(1)

Posting. The property for which the conditional use is proposed shall be posted on all sides fronting on public streets with a notice of application for conditional use permit in such form as shall be required by the planning and zoning director. The notice shall be posted at least 15 days prior to the public hearing by the applicant in an open and conspicuous place, adjacent to the property line, to allow the general public to read the notice. The notice shall specify the date and time of the public hearing to be held by the planning and zoning board and also the date and time of the public hearing to be held by the city council. Proof of such posting shall be provided to the city.

(2)

Mail. A similar form of notice shall be mailed by the applicant to all owners of property lying within 200 feet of the property for which the conditional use permit is requested, except that in areas zoned agricultural, notification shall be given to at least six owners of property adjacent to or in the vicinity of the area for which a conditional use is requested, not less than 15 days prior to the public hearing. A certificate of mailing of such notices from the U.S. Post Office shall be submitted to the city prior to the hearing. It shall be the responsibility of the party requesting the conditional use permit to provide the planning and zoning director and the planning and zoning board with:

a.

A list of the names and addresses of all such property owners as shown on the latest tax assessor's records;

b.

A sketch showing the general location and shape of the property for which the conditional use permit is requested and the location of each parcel of property lying within 200 feet of the property, with the ownership of each parcel shown.

(3)

Publication. The publication of all notices required for any conditional use permit shall be at the expense of the party requesting the conditional use permit.

The planning and zoning board shall conduct the properly noticed public hearing, taking into consideration the issues and standards found in subsections 26-41(g) through 26-41(k) and shall render a recommend to city council that the proposed conditional use permit be approved or denied. If the planning and zoning board recommends approval, it shall specify any conditions and safeguards it believes are necessary to protect the public interest.

(e)

Requirements of notice for public hearing before city council. City council shall hold a public hearing on the requested conditional use permit on the date specified in the notice required above or such later time as may be determined by city council during a public meeting or advertised in a newspaper of general circulation after reasonable notice.

(f)

Burden of presenting evidence; burden of persuasion. Once a complete application has been submitted, the burden of presenting evidence to city council sufficient to establish that the application should be granted shall be upon the applicant. The burden of persuasion remains at all times on the applicant.

(g)

Conditions and safeguards. Conditions that may be imposed by the city council include, but are not limited to, additional set-back requirements, restrictions on hours of operation, adequate off street parking, regulation of lighting (parking lot or other lights not to shine onto neighboring lots), building heights, lot coverage, impervious surface, and adequate vegetative buffers, fencing or transitional buffers. Conditional Uses in residential zoning districts shall maintain the overall image and character of the neighborhood. The intent and purpose of single-family residential districts is to preserve land for housing and provide housing opportunities for individual households. The regulations are intended to create, maintain, promote and preserve the development and redevelopment of these neighborhoods while preserving their existing residential character. These zoning districts allow some non-residential uses but not to such an extent as to sacrifice the overall image and character of the neighborhood. Site development standards shall maintain compatibility between structure types within the neighborhood and between residential uses along a block front. Conditional uses in non-residential zoning districts shall be compatible with the surrounding uses.

(h)

General standards of approval. To issue a conditional use permit, the city council shall make a finding that it is empowered to act under the section of this chapter described in the application for conditional use and that the granting of the conditional use will not adversely affect the public interest. In granting any conditional use, the city council may prescribe any appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards which the conditional use is granted shall be deemed a violation of this chapter and punishable under provisions of this chapter. The city council shall prescribe a time limit within which the action for which the conditional use is required shall be begun, completed or both. Failure to do so within the prescribed time limit shall void the conditional use permit.

(i)

Additional standards for approval of conditional use permits for PWS facilities. The city council shall find, based on competent and substantial evidence, that the proposed facility is located, sited and designed to be compatible with the public view, as defined in chapter 19 of this Code, and character of the general area in which it is located, avoids the proliferation of visually obtrusive structures, and promotes the development of an advanced PWS infrastructure consistent with the purposes set forth herein for PWS facilities. The city council shall also find that the requested PWS facility is in full compliance with the requirements of chapter 19 of this Code.

In determining whether to grant a conditional use permit for a PWS facility, city council shall also consider the following factors:

(1)

The height and visual obtrusiveness of the facility;

(2)

The degree of visibility from the public view;

(3)

The proximity of the facility to residential structures and residential district boundaries;

(4)

The character of the uses and structures on adjacent and nearby properties;

(5)

The character of the land, including topography and tree coverage;

(6)

The design of the facility with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

(7)

The degree to which the facility reduces the proliferation of visually obtrusive structures through co-location.

(8)

Competent evidence that reasonable alternatives to the proposed conditional use do not exist.

(9)

The public need for additional facilities.

(j)

Required denial. The city council must deny the permit if it concludes, based upon the information submitted at the hearing and in the application, that if completed as proposed, the conditional use, more probably than not:

(1)

Will materially endanger the public health or safety; or

(2)

Will substantially injure the value of adjoining or neighboring property; or

(3)

Will not be in harmony with the area in which it is to be located; or

(4)

Will not comply with one or more requirements of the Sebring Code; or

(5)

Will not be in compliance with the adopted city comprehensive plan or other plan officially adopted by the city council. Land development regulations, this chapter, the Sebring Code, and Florida law.

(k)

Approval of application. The city council shall issue the requested conditional use permit if it finds, based upon the information submitted at the hearing and in the application, that the application is complete, that all requirements of this section 26-41 are satisfied by the applicant, that the conditional use:

(1)

Will not materially endanger the public health or safety; and

(2)

Will not substantially injure the value of adjoining or neighboring property; and

(3)

Will be in harmony with the area in which it is to be located; and

(4)

That appropriate conditions and safeguards are or will be in place prior to the start of the conditional use; and

(5)

That the development will comply with all requirements of the adopted city comprehensive plan or other plan adopted by the city council, land development regulations, this chapter, the Sebring Code, and Florida law.

(Ord. No. 1311, § 3, 10-19-2010; Ord. No. 1317, § 5, 2-1-2011; Ord. No. 1367, § 1, 12-17-2013)

Editor's note— Section 5 of Ord. No. 1317, adopted Feb. 1, 2011, changed the title of § 26-41 from "Conditional use permit issued by the planning and zoning board" to "Conditional use permit approved by the city council."

Editor's note— Section 3 of Ord. No. 1335, adopted Aug. 7, 2012, repealed § 26-42, which pertained to special use permit approved by the city council, and derived from Ord. No. 1311, § 4, adopted Oct. 19, 2010.

All development, unless otherwise exempted in section 26-63, shall be subject to site plan review to ensure consistency with the requirements of this chapter. Redevelopment or new development within historical districts shall require review of proposed development in accordance with chapter 11. Site plan review shall also be required where an existing residential structure is converted to a commercial use or other nonresidential use.

(Code 1981, § 22-22(A))

Development of infill of existing single-family residential development shall be exempt from site plan review unless located adjacent to sites HIGH07, HIGH34, HIGH93 or HIGHT21 or other environmentally sensitive areas identified in the conservation subelement.

(Code 1981, § 22-22(B))

Each application for a building permit shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information as may be required to provide for the enforcement of this chapter. A record of such applications and plats shall be kept in the offices of the building official. Where application is made to enlarge an existing nonconforming use, the application shall be accompanied by an affidavit giving the description of the premises owned on February 15, 1944. The building and zoning official shall use a site plan review checklist, which shall become part of the permanent file. The following information is mandatory during site plan submittal unless waived by the building and zoning official:

(1)

A legal description of the property under review for site plan approval;

(2)

Site conditions information, including:

a.

A topographic map of the site of a scale not smaller than one inch equals 100 feet, showing two-foot contours;

b.

Generalized soil types in project area and in surrounding area, if significantly different from project area; and

c.

Information about the type and location of existing natural vegetation, including a written statement indicating the approximate size and location of major tree groupings and those trees with a trunk diameter of six inches or more at a point 4½ feet above ground level (aerial and on-site photographs may be used to show vegetation);

(3)

A site conditions map showing:

a.

The relationship of the site to such external facilities as streets, residential areas, commercial facilities and recreation/open space areas;

b.

The location of all existing public streets, rights-of-way, easements and other reservations of the land in the area of the property in question, means of ingress and egress to such property, and off-street parking, loading and service areas, if any, for or on such property;

c.

The location, size and capacity of all existing utilities, including fire hydrant locations;

d.

The location of all water holding or carrying facilities, natural or manmade, including creeks, ponds, sinkholes, ditches, wetland jurisdiction lines, culverts and storm sewers; and

e.

The location of 100-year floodplains.

(4)

A site development plan of professional quality drawn at a scale not smaller than one inch equals 60 feet (smaller scale for very large land area may be accepted), showing:

a.

The name of the person who prepared the plans, the name of the developer, the name of the proposed project or development, a north arrow and date;

b.

The location of all proposed streets, driveways or other facilities designed to accommodate vehicular movements in the development and points of ingress and egress, parking areas including the exact number of spaces and loading and service areas (location of dumpsters and any utility buildings) and a traffic impact analysis of projected trip generation, including methods of circulation for the development; and

c.

The location and dimensions of all proposed buildings and structures to be included in the development:

1.

For all development, indicating the gross floor area of all buildings;

2.

For residential development, indicating the exact number of dwelling units classified by numbers of bedrooms (number of one-bedroom units, number of two-bedroom units, etc.);

3.

Dimensions of all yard setbacks and open spaces;

4.

Location of all open space and recreation areas, planned with attention to their adequacy in terms of size and placement, their effect on privacy of adjacent living areas and their relationship to community-wide open spaces and recreation facilities;

5.

The manner of drainage of the property, showing the manner of drainage of all impervious surfaces, including roofs of buildings, and all green areas, including all control devices such as storm sewers and retention or detention facilities;

6.

The percentage of the site that will be covered by buildings and structures and the percentage that will be covered by street, drives, parking and loading areas;

7.

The exact location of all public use easements;

8.

The exact location of all utility services, including connection points to the main systems and fire hydrant locations;

9.

The size, location and type of all street graphics; and

10.

The size, location and intensity of all exterior lighting fixtures and devices;

11.

A sedimentation plan indicating the manner by which anticipated sediment and debris generated within the confines of the development will be retained on site (examples: hay bales, sediment traps, berms, etc., as appropriate to the situation), including the source of all sediment yield calculations;

12.

Architectural elevations of all buildings and structures;

13.

A landscaping plan, including location of trees to be preserved; and

14.

A development timetable, if the project is to be constructed in phases.

(Code 1981, § 22-22(C))

(a)

Applicability.

(1)

Administrative adjustments are minor specified adjustments including applicable setbacks or other changes from the requirements of this chapter, as approved by the planning and zoning board. Administrative adjustments include:

a.

Setbacks. An adjustment of up to 40 percent of the required front, side or rear setbacks in the redevelopment or rehabilitation of: (1) existing buildings permitted or built without adequate setbacks and when the encroachment existed as of December 31, 2007; or (2) for structures that are historic structures when such structures are relocated onto a new site. Such an adjustment shall not allow the expansion of a nonconforming use, except for historic properties, unless that expansion is allowed in the nonconformity provisions. No setback adjustment shall extend into any easement without concurrent modification of the easement, vacation of the easement or a change in the recorded plat regarding the easement to accommodate the administrative adjustment.

b.

Alterations in approved plans, including site plans, plans approved with conditional uses, or other zoning code mandated plans that:

1.

Lessen or increase the building gross floor area or number of dwelling units by a maximum of five percent, provided the maximum allowed is not greater than allowed in the applicable zoning district.

2.

Change the location or size of access points, driveways, parking lots, or landscape plans where such change in location is less than five feet and where such change in size is less than five percent from the dimensions reflected on the approved plan.

3.

Move buildings or other structures and retention or detention facilities by not more than five feet.

4.

Replace plant material specified in the landscape plan with comparable materials of an equal or greater size or other changes in an approved landscape plan that does not require approval by the tree board.

5.

Change in materials to a comparable or higher quality.

c.

Outside agencies. Changes required by outside agencies such as Highlands County, State of Florida, or federal departments provided the integrity of the project or other city approvals are not compromised.

d.

Administrative adjustments cannot amend the terms of any development agreement.

(2)

Any change greater than those listed [in] subsection 26-107(a)(1) shall only be a variance pursuant to section 16-34 through section 16-35.

(3)

No applicant shall submit more than one administrative adjustment petition for a single parcel of land within one year from the date of approval or denial of the previous administrative adjustment.

(4)

Administrative adjustments may be appealed by an interested party to the city council as set forth below.

(b)

Application.

(1)

An application for an administrative adjustment shall include an explanation of the reason for the requested administrative adjustment, the specific administrative adjustment requested and any other material necessary to ensure the criteria in this section are met.

(2)

Required notice and hearing. At the time of submitting the application to the zoning department, the applicant shall notify all abutting property owners including those across a street or alley by certified mail, and submit the certified receipt(s) from all notices to the zoning department, and shall post the property using the variance procedures pursuant to subsection 16-34(3).

(3)

Neighborhood associations. At the time of initial application, the applicant shall notify by certified mail the president or registered agent of all neighborhood or homeowner association that are located within 250 feet of the property.

(c)

Affidavit. Where a proposed administrative adjustment is for a front, rear or side setback, the applicant must submit an affidavit from the owner of any abutting property expressing approval of the proposed administrative adjustment. If the owner of the abutting property does not approve of the administrative adjustment, the application must indicate the objection or lack of response as appropriate.

(d)

Administrative adjustment approval criteria. At the planning and zoning board public hearing, the applicant shall have the burden of proof for proving compliance with the following criteria:

(1)

The administrative adjustment requested will be the minimum adjustment necessary for reasonable use of the property; and

(2)

Granting the administrative adjustment will not have an adverse impact on land use compatibility; and

(3)

Granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations; and

(4)

Granting the administrative adjustment will be consistent with the purposes and intent of these zoning regulations.

(e)

For properties that are listed as historic, a certificate of appropriateness must be obtained from the historic preservation commission and submitted with the administrative adjustment petition.

(f)

Review and action by planning and zoning board.

(1)

The planning and zoning board shall hold a public hearing pursuant to the procedures in this section and decide to approve, approve with conditions, or deny the application based on the approval criteria in subsection 26-107(d).

(2)

In no event shall an administrative adjustment be issued prior to 30 days from the time the notice of the application was mailed to adjacent property owners.

(3)

A written decision shall be provided to the applicant by certified mail and shall also be posted on the city website within five days of the decision.

(g)

Appeal of the planning and zoning board's decision to the city council.

(1)

Appeals to the city council. Time deadlines, notification and posting requirements are pursuant to the variance appeal requirements as set forth in subsection 16-35(c)(1) through (3). The city council, shall consider the appeal at a properly noticed and posted public hearing, during which the applicant shall have the burden of proof to prove that the criteria of approval in subsection (d) above are satisfied, and city council shall allow any new information to be presented as if this were a new application. The city council shall review the administrative adjustment application pursuant to subsection (d). The city council will determine, based upon the evidence presented at the public hearing whether the elements necessary for an administrative adjustment have been proven.

(2)

After considering all of the evidence, city council may:

a.

Approve the application when it complies with all applicable regulations; or

b.

Approve the application with conditions when conditions are necessary to be in compliance with all applicable regulations; or

c.

Deny the application if, after conditions and safeguards have been considered, the application fails to comply with all applicable regulations.

(3)

The decision of the city council shall be final and shall include written findings that the applicable requirements of this Code have or have not been met.

(Ord. No. 1335, § 4, 8-7-2012)