A.

The interpretation and application of the regulations and provisions of this ordinance by the city shall be reasonable and uniformly applied to all property within the jurisdiction of city.

B.

The regulations and provisions of this ordinance shall be held to be minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity, or general welfare; for the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads; for securing safety from fire and other dangers, providing adequate light and air, and preventing, on the one hand, excessive concentration of population and, on the other hand, excessive and wasteful scattering of population or settlement; for promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility, and food supply; and for protection of the tax base, securing economy in governmental expenditures, fostering agricultural and other industries and the protection of both urban and non-urban developments.

C.

Whenever the regulations and requirements of this Ordinance are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply.

A.

Official acceptance.

1.

All properties within a single application must be contiguous and immediately adjacent to one another or be the subject of separate petitions and filing fees.

2.

Before an application may be accepted, it must fully comply with all information requirements enumerated below and as amended by the city from time to time.

B.

Application procedure. The application procedures and requirements in this section shall apply to the following:

District Boundary Changes (Rezoning)

Special Exceptions

Nonconforming Uses

Zoning Regulation Changes (Ordinance Amendment)

Modifications of Commission Requirements

Special Permits Variance Requests (Board of Adjustment)

Every application for rezoning involving changes in district boundaries shall include the following:

A.

Authority. A statement of the petitioner's interest in the property to be rezoned including a copy of the last recorded warranty deed, and:

1.

If joint and several ownership, a written consent to the rezoning petition by all owners of record, or

2.

If a contract purchase, a copy of the purchase contract and written consent of the seller/owner, or

3.

If an authorized agent, a copy of the agency agreement or written consent of the principal/owner, or

4.

If a lessee, a copy of the lease agreement and written consent of the owner, or

5.

If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation,

6.

If a group of contiguous property owners, the owners of a least fifty (50) percent of the property described in the petition must provide written consent.

B.

Survey. A certified boundary sketch by a surveyor registered in the State of Florida at a scale prescribed by the city containing the following:

1.

An accurate legal description of the property to be rezoned.

2.

A computation of the total acreage of the tract to the nearest tenth of an acre.

C.

Area location map. A map showing the location of the subject parcel drawn to a scale prescribed by the city.

D.

Courtesy notice property owners list. A complete list of all property owners, mailing addresses, and legal descriptions for all property within three hundred (300) feet of the subject parcel as recorded in the most recent official tax rolls in the county court house. Such list shall be accompanied by an affidavit stating that to the best of the petitioner's knowledge said list is complete and accurate.

E.

Courtesy notice property owner's location drawing. A property owner's location drawing showing all property owners' information required in section 23.3(D) above and their relation to the subject parcel.

F.

Statement of use. A statement of special reasons or basis for the rezoning request including the intended use of the property.

G.

Filing fee. Payment of the official filing fee as set by the city and received by the city clerk. Filing fees may be waived for an applicant who presents a certificate from the director of the county welfare department stating that the applicant is qualified to receive either federal, state or county welfare assistance and is unable to afford said fee.

Every application for a special exception shall include the following:

A.

The information required in section 23.1.

B.

A site development plan including, where applicable but not limited to the following.

1.

An area map at a convenient scale prescribed by the city which shall include existing roads, streams, street right-of-way and street intersections; the location of the nearest public roads on all four (4) sides; and a statement indicating the distance to all public improvements such as schools, firehouse, houses of worship, recreational area and the like which would serve the subject development.

2.

Existing public street, easements or other reservations of land within the proposed site.

3.

The approximate location of all existing structures on the site, as well as those on adjacent properties within one hundred (100) feet of the outside boundaries of the site.

4.

The proposed location and area dimensions of the open space system, recreational uses and facilities, and other land and water areas.

5.

All existing and proposed means of vehicular access to and from the site.

6.

Written confirmation of the provisions of all necessary facilities and systems for storm drainage, water supply, sewage treatment, solid waste disposal, fire protection, recreational and park areas, school sites, and other public improvements as may be required by the development.

7.

A traffic impact analysis of projected trip generation for the development.

8.

Proposed fencing, screening and landscaping.

9.

Proposed location, direction and type of outdoor lighting.

10.

Existing and proposed contours, with intervals of two (2) feet or less extending fifty (50) feet beyond the tract.

11.

Where the applicant wishes to develop the project in incremental stages, a site plan indicating proposed ultimate development shall be presented for approval of the entire parcel. Proposed development phases shall be numbered in sequence.

12.

Statement by the petitioner of the major planning assumptions and objectives of the development project including but not limited to:

a)

Development.

b)

Projected population.

c)

Proposed timing and stages of development.

d)

Proposed ownership and form of organization to maintain common and open space and facilities.

e)

Proposed density of land use for each development parcel within the project.

13.

Any other reasonable information which may be required from time to time by the city which is commensurate with the intent and purpose of this ordinance.

Every application for a variance from the terms of this ordinance, which is not contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary and undue hardship, shall include the information required in section 23.1.

A.

Exclusive procedure. The procedure provided herein shall be exclusive in the incorporated area of the city.

B.

Application. All applications and petitions shall follow and comply with the requirements of chapter [article] XXIII of this ordinance. After full compliance with chapter [article] XXIII and official [official] acceptance by the city, the application shall be promptly transmitted to the planning and zoning board where it shall be assigned an official file number which shall identify the application and the year of acceptance. The application shall become a part of the official records of the planning and zoning board and shall not be returnable.

C.

Proposed site plan review. The city shall approve or deny the proposed site plan accompanying special exception applications as submitted, amended or revised within thirty (30) days of the official acceptance of the application. The city may request the petitioner to amend or revise the proposed site plan to meet the requirements and regulations of this ordinance before certifying the application for inclusion on the official agenda of the planning and zoning board. Proposed site plan review by the city and certification for inclusion on the official agenda of the planning and zoning board shall be prerequisited to official action by the board. Although this section is mandatory as to all special exception applications, petitioners requesting zoning district boundary changes (rezoning) are encouraged to participate in the proposed site plan review by submitting proposed plans and exhibits to be used in their rezoning requests prior to planning and zoning board meetings and hearings.

D.

Notice and hearing.

1.

Notice. No action shall be taken on any application until a public hearing has been held with due public notice.

a.

Publication of notice of time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area with the first such publication to be at least fifteen (15) days prior to the date of the hearing and the second such publication to be at least five (5) days prior to the hearing.

b.

Except where the hearing applies to all of the lands within the area, similar notices setting forth the time, place and purpose of such hearing shall be mailed to the last known address of the owners of the property involved in or directly affected by the hearing.

c.

Such notices may also be posted in a conspicuous place or places on or around such lots, parcels or tracts of lands as may be involved in or are directly affected by the hearing if such on-site method of courtesy notice is deemed advisable by the city manager, provided however, that failure to post such courtesy notice shall not affect any action or proceedings taken hereunder.

d.

A courtesy notice containing substantially the same information set forth in the published notice aforesaid may be mailed by the city clerk to the property owners of record, their tenants or their agents, within a radius of three hundred (300) feet of the property described; provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder.

e.

Affidavit proof of the required publication, mailing and posting of the notice shall be presented at the hearing.

2.

Hearing. Within thirty (30) days of the time of certification by the city of inclusion of a petition on the official agenda of the planning and zoning board, a public hearing on said application shall be held by the planning and zoning board.

3.

Continuance and postponement. The planning and zoning board may continue the hearing from time to time, or postpone hearing on the application; however, the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing. Failure of the planning and zoning board to act within the time prescribed shall result in the application being submitted without recommendation to the governing body at its next regularly scheduled zoning hearing. The planning and zoning board shall submit its recommendations, with or without prescribed conditions, to the city commission at their next regularly scheduled zoning hearing. The planning and zoning board shall be advisory in nature only and shall be subject to final approval of the governing body. The planning and zoning board may submit an application to the governing body without recommendation.

E.

Application withdrawal or denial.

1.

Upon the final denial of an application in whole or in part, for either a district boundary change or special exception, a period of one year must run prior to the filing of a subsequent application for the same type of requested land use change affecting the same property or any portion thereof. Upon the final denial of an application in whole or in part for a nonconforming use change or request, a period of six (6) months must run prior to the filing of a subsequent application for the same nonconforming use change affecting the same property of any portion thereof. Such periods of limitation shall not commence to run until the decision has been rendered by the last board to consider the application. The period of limitation shall be increased to a two-year waiting period in the event an application in whole or in part for district boundary change, special exception or non-conformity use change has been twice or more denied. However, said application may be denied. However, said application may be denied without prejudice, and in such event there shall be no bar or prohibition on the filing of a subsequent application.

2.

An application may be withdrawn without prejudice by the applicant as a matter of right provided the request for withdrawal is in writing and filed with the city within the two-week period subsequent to the deadline for the filing of an application; otherwise all such requests for withdrawal shall be with prejudice, save and except that the planning and zoning board may recommend to the governing body that the permit withdrawal without prejudice at the time the application is considered by such body; provided further, no application may be withdrawn after final action has been taken. When an application is permitted to be withdrawn without prejudice, the time limitations for reapplication provided herein shall not apply. The applicant shall in no way be entitled to the return of any application fees.

A.

Authority. The governing body shall have authority to consider and take final action on all matters heard by or brought before the planning and zoning board for recommendation. In making any final decision, the city commission shall be guided by the standards and guidelines applicable to the planning and zoning board and as contained herein.

B.

Rules and regulations. The governing body shall be guided by the rules of procedure as adopted by the City Commission of the City of South Bay, Florida, and as contained herein.

C.

Records. Minutes will be kept of all meetings and proceedings and shall include and state the vote of each member on each question. No member shall abstain from voting unless he has a conflict of interest as defined herein. The motion shall state the reason upon which it is made; such reason or reasons being based upon the prescribed guides and standards of good planning and zoning principles; provided, however, no such reason shall be required for a confirmation of the recommendation of the planning and zoning board.

D.

Notice and hearing.

1.

Notice. No action shall be taken on any application until a public hearing has been held with due public notice as defined in section 23.6D(1).

2.

Hearing. Within thirty (30) days of the date of the rendering of the planning and zoning board advisory recommendation, the commission shall consider, at a duly noticed public hearing, the application.

E.

Official decision at hearing. The city commission as the governing body, shall either approve or disapprove the application as submitted; approve the application as amended or conditioned; or defer action on any matter before it in order to inspect the site in question, to refer the matter to the city manager for further consideration and recommendation, to refer the matter to the planning and zoning board, for the purpose of conducting further hearings with the taking of additional testimony, if deemed advisable, at the request of the applicant, or to defer for any other justifiable reason. In the event of a tie or evenly split vote, action shall be deferred to a subsequent meeting.

F.

Final action. When the final action has been taken by the governing body, its record, together with a certified copy of its minutes and resolution pertaining to such action shall be open to the public for inspection at reasonable times and hours.

The city clerk shall make available for public inspection and copying, the record upon which each final decision of the governing body is based; provided the clerk may make a reasonable charge commensurate with the cost in the event the clerk is able to and does furnish copies of all or any portion of the record.

Prior to certifying a copy of any record or portion thereof, the clerk shall make all necessary corrections in order that the copy is a true and correct copy of the record, or those portions requested, and shall make a charge of not less than twenty five cents ($0.25) per page, instrument, map, picture or other exhibit; provided the charges here authorized are not intended to repeal or amend any fee or schedule of fees otherwise established.

G.

Exhaustion of remedies and court review. No person aggrieved by any zoning resolution, order, requirement, decision or determination of an administrative official or by any decision of the governing body may apply to the court for relief unless he has first exhausted the remedies provided for herein and taken all available steps before any application is made to the court for relief; and no application shall be made to the court for relief except from resolution, ordinance or order adopted by the governing body, pursuant to this Code [ordinance]. Such decision may be reviewed by the filing of a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida in accordance with the procedure and within the time provided by court rule for the review of the rulings of any commission or board; and such time shall commence to run from the date of decision sought to be reviewed.

H.

Limitation on issuance of permits. The department shall not issue any type of permit or certificate based upon any action of the planning and zoning board until a final decision has been rendered on the application by the governing body as provided by this Code [ordinance]; provided, however, a temporary conditional permit or certificate may be issued prior to such final decision if the director shall first determine that the withholding of the same would cause imminent peril to life or property and then only upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper by the city manager.

In cases where the planning and zoning board and the city commission or provisions of this ordinance have stipulated time limits for the completion of a specific phase of development, six (6) month extensions of time may be granted by the planning and zoning board and city commission on a showing of extraordinary circumstances as the cause of development delays. In no case, however, shall such six (6) month extensions exceed two (2) in number totaling twelve (12) months in total duration of extended time. Developments exceeding the total time extension without compliance with commission requirements shall file a new application with the city.

In the event the petitioner abandons or deviates from a proposed site plan approved by the governing body, or in the event the petitioner fails to file the first plat within twelve months, when required, after the date of final governing body approval, or within any authorized time extension period, the special exception shall become null and void and the land shall revert to the zoning district existing immediately prior to the filing of the special exception.

A.

Site plan review procedure. For those plans not requiring a special review procedure (i.e. not requiring rezoning, special exceptions, ordinance amendment, special permits, or variances), the planning and zoning board shall review said plans and report its recommendation to the city commission. The city commission can accept the recommendation as submitted, amend the recommendation or vote not to accept the recommendation. The planning and zoning board may (1) recommend approval of site plan as submitted, (2) recommend approval of site plan as amended by the planning and zoning board, (3) recommend not approving the site plan.

B.

Purpose of review. The purpose of this review is to determine that the proposed development is in conformity with the city's comprehensive plan and is not detrimental to adjacent land uses; that provision for a safe and efficient pedestrian and vehicular traffic system, including proper means of ingress and egress to the streets, public services including but not limited to access for police, fire and solid waste collection is assured.

C.

Site plan submittal requirements. Each site plan review will include a review of the following plans and calculations:

1.

All lot dimensions and total area of the site.

2.

All building dimensions and setbacks from property lines.

3.

Calculated dwelling unit densities and parking counts.

4.

Utility plans (sewer, water) and storm water runoff and drainage plans.

5.

Landscaping plan.

6.

Points of ingress and egress.

7.

Easements for public access.

8.

Front elevation (profile view) of all buildings.

9.

Placement and sizes of all signs.

10.

Ground floor elevation in relation to mean sea level.

11.

Refuse service area (location and landscaping for garbage storage and collection).

12.

Off-street parking and loading, if required.