9.00.01. Purpose. This article sets forth the criteria for continuation or termination of existing nonconforming development and uses. This article also sets forth the application and review procedures required for site plan approval, rezoning, comprehensive master plan amendments and for subdivisions. This article also specifies the procedures for code enforcement, appealing decisions and seeking legislative action.

9.00.02. Withdrawal of applications. An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

9.01.01. Continuation of. Subject to the provisions below for terminating nonconforming development, such development may, if otherwise lawful and in existence on the date of enactment of this Code, remain in its nonconforming state.

9.01.02. Termination of.

A.

Generally. Nonconforming development must be brought into full compliance with the regulations of this Code, in conjunction with the following activities:

1.

The gross floor area of the development is expanded by more than ten percent, or more than 4,000 square feet, whichever is less. Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Code, shall be combined in determining whether this threshold has been reached.

2.

Reconstruction of the principal structure after the structure has been substantially destroyed by fire or other calamity. A structure is "substantially destroyed" if the cost of reconstruction is 50 percent or more of the fair market value of the structure before the calamity. If there are multiple principal structures on a site, the cost of reconstruction shall be compared to the combined fair market value of all the structures.

B.

Special provisions for specific nonconformities.

1.

Nonconformity with the off-street parking requirements. An existing development that does not comply with the off-street parking requirements of this Code must be brought into full compliance with those requirements when there is a change in use, [or] increase in seating capacity, floor area or other factor controlling the number of parking spaces required by this Code which causes the new required number of parking spaces to be ten percent or more over the existing number of parking spaces.

2.

Nonconformity with the stormwater management requirements of this Code. An existing development that does not comply with the stormwater management requirements of this Code must be brought into full compliance with those requirements when the use of the development is intensified, resulting in an increase in stormwater runoff of more than five percent or an added concentration of pollution in the runoff.

3.

Nonconforming vehicular use areas.

a.

An existing vehicle use area that does not comply with the requirements of this Code must be brought into full compliance with those requirements when 50 percent or more of the paving of the vehicle use area is replaced or resurfaced.

b.

When the square footage of a vehicular use area is increased, compliance with this Code is required as follows:

(1)

Expansion by ten percent or less. When a vehicular use area is expanded by ten percent or less, only the expansion area must be constructed in compliance with this Code.

(2)

Expansion by more than ten percent. When a vehicular use area is expanded by more than ten percent, the entire vehicle use area shall be brought into compliance with this Code.

(3)

Repeated expansions. Repeated expansions, or resurfacing or replacement of paving, of a vehicular use area over a period of time commencing with the effective date of this Code shall be combined in determining whether the above threshold has been reached.

4.

Nonconforming satellite dish antennae. If an existing satellite dish antennae that does not comply with the accessory structure requirements of this Code is destroyed by an act of God it may be reconstructed to its existing nonconforming state.

(A)

Purpose/applicability.

(1)

Nothing contained in this chapter shall be deemed or construed to prohibit the continuation of a legally established nonconforming use, structure or occupancy, as those terms are defined herein. The intent of this section is to encourage nonconformities to ultimately be brought into compliance with current regulations.

(2)

The terms "nonconformity" and "nonconforming" shall refer to a use, building, or lot that does not comply with the regulations of the applicable zoning district. Only legally established nonconformities shall have rights under this section.

(3)

For the purpose of this section, the term "expansion" shall mean an improvement, addition, enlargement, extension, or modification to a structure that increases the square footage of the structure.

(4)

For the purposes of this section, "legally established" shall apply to the following circumstances:

(a)

A lot that does not meet the lot frontage, lot width, lot depth, and/or lot area requirements of the applicable zoning district, provided that such lot met the regulations in effect at the time of platting, was caused by a conveyance or device of record prior to August 2, 1938, or at the time the lot was otherwise lawfully created.

(b)

A site or improvement that is rendered nonconforming through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

(c)

An existing use which conformed to the code at the time it was established.

(d)

A building and/or site improvement that was permitted in accordance with regulations in effect at the time of permitting or that was approved pursuant to a public hearing.

(e)

A building and/or site improvement that had received final site plan approval through a public hearing pursuant to this chapter or though administrative approval or had a valid building permit or is otherwise determined by the director to have been legally authorized.

(f)

A vested right has been established pursuant to sections 2-114.1 to 2-114.4 of this Code.

(g)

A legal residential use (including but not limited to a mobile home or manufactured home) that: existed on August 23, 1992; and was allowed to be rebuilt either in compliance with all plans approved and of record as of August 23, 1992, or in accordance with any use and number of units permitted by a certificate of occupancy then in existence; and for which an application for a building permit had been submitted prior to August 30, 1993.

(B)

Nonconforming lots, uses and structures.

(1)

Nonconforming lots.

(a)

Development on a legally established, nonconforming lot that does not meet the lot frontage and/or lot area requirements of the applicable zoning district shall be permitted, provided that the development meets all other requirements of the applicable zoning district. Two or more legally established nonconforming lots may be combined, subject to the same provisions herein.

(b)

Expansions of structures on legally established, nonconforming lots shall be permitted in accordance with this section.

(c)

Variances from other applicable zoning requirements shall be approved only through: a public hearing, pursuant to this Code; or through administrative procedures authorized by this chapter.

(2)

Nonconforming uses.

(a)

A legally established nonconforming use may continue.

(b)

If a nonconforming use is discontinued fora period of more than one year, the use may not be reestablished. A use shall be considered discontinued once the activities and commerce, essential to the continuation of the use are abandoned, unless the property owner is able to demonstrate that there was no intent to abandon the use. Discontinuance due to acts of force majeure shall not constitute abandonment provided a good faith effort is made to reestablish the use.

(c)

No such nonconforming use shall be enlarged or increased to occupy a greater area of land or structure, except that expansions of nonconforming single-family and two-family residences shall be permitted.

(d)

Existing uses. Notwithstanding any other provision of this chapter to the contrary, an existing use that conflicts with any requirement of this chapter may be enlarged or increased to occupy a greater area of land or structure, only if approved after public hearing. For purposes of this section, an "existing use" is the use of any land, building, structure, improvement, or premises that legally existed on or before October 22, 1957.

(3)

Nonconforming structures.

(a)

To prevent changes in regulation from unduly burdening property owners, legally-established, nonconforming structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to nonconforming structures shall be permitted only in accordance with the following provisions:

(i)

Internal and external repairs, alterations, and improvements that do not increase the square footage of the nonconforming structure shall be permitted.

(ii)

Expansions to a nonconforming structure shall be permitted as follows:

1.

If the total square footage of the proposed improvement is less than 50 percent of the structure's net square footage at the time it became nonconforming, the improvement shall comply with current regulations.

2.

If the total square footage of the proposed improvement is equal to or exceeds 50 percent of the structure's net square footage at the time it became nonconforming, the entire structure and site improvements shall be brought into compliance with current regulations.

3.

Once the cumulative total of additional square footage of improvements equals to 50 percent of the structure's net square footage at the time it became nonconforming, no additional expansions shall be permitted and the entire structure and site improvements shall be brought into compliance with current regulations.

4.

For the purposes of this section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications.

(b)

If a nonconforming structure is damaged by fire, flood, explosion, wind, war, riot or any other act of force majeure, repairs shall be subject to the following provisions:

(i)

If the repair/replacement cost is less than 50 percent of the value of the structure based upon the average of two independent appraisals, the structure may be reconstructed up to the same building height and within the same building footprint existing prior to the damage, provided that an application forfinal building permit has been submitted within 12 months of the date of such damage unless extended by the board of county commissioners.

(ii)

If the repair/replacement cost is equal to or exceeds 50 percent of the building's value based upon the average of two independent appraisals, the building and site improvements shall be brought into compliance with current regulations.

(iii)

Routine internal and external maintenance, repairs and material replacement such as re-roofing, painting, window or door replacement, mechanical equipment repair and replacement, plumbing and electrical maintenance, and similar repair, maintenance, and replacements shall be permitted.

(c)

If a nonconforming building is deemed to be unsafe, pursuant to chapter 8 of this Code, and demolition is required, the building shall be rebuilt in accordance with current regulations.

(d)

In addition to the requirements of this section, all repairs, improvements, and expansions to a nonconforming building shall comply with the Florida Building Code.

(Ord. No. 4852, § 2(Exh. A), 8-1-2022;Ord. No. 4907, § 2(Exh. A), 1-9-2023)

9.03.01. Generally. No development activity may be undertaken unless the activity is authorized by a building permit.

9.03.02. Prerequisites to issuance of building permit. Except as provided in section 9.03.03 below, a building permit may not be issued unless the proposed development activity:

A.

Is authorized by an approved site plan issued pursuant to this Code; and

B.

Conforms to the technical construction standards adopted by reference in article I of this Code.

9.03.03. Exceptions to requirement of an approved site plan. A building permit may be issued for the following development activities in the absence of an approved site plan issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code and the technical construction standards.

A.

The construction or alteration of a single-family or duplex dwelling on a lot in a valid recorded subdivision.

B.

The alteration of an existing building or structure so long as no change is made to its gross floor area or its use.

C.

The construction or alteration of an accessory structure on a previously developed site and independent of any other development activity on the site.

D.

The erection of a sign or the removal of protected trees on a previously developed site and independent of any other development activity on the site.

E.

The resurfacing of an existing vehicle use area that conforms to all requirements of this Code.

F.

The installation of storm drainage, sanitary sewer or potable water utilities on a previously developed site and independent of any other development activity on the site.

9.03.04. Prima facie evidence of illegal residential uses.

(a)

Presumption of illegal multiple family use or subdivision. It shall be presumed that a multi-family use has been established, or a residential lot has been illegally subdivided, when one or more of the following conditions are observed:

(1)

There are two or more electrical, water gas or other types of utility meters, or mailboxes on the premises.

(2)

There is evidence of a liquid propane (LP) gas tank installed in an unauthorized detached structure on the premises.

(3)

There is more than one cooking area in the primary structure or an accessory building has a cooking area.

(4)

Not all living areas in the dwelling unit are interconnected.

(5)

Multiple numbered, lettered, or otherwise labelled parking spaces.

(6)

An unauthorized detached building with air conditioning, interior cooking areas or utility meters.

(7)

There is more than one different house address unit number posted on the premises.

(8)

An advertisement or sign indicating the availability of more than one dwelling unit on the premises.

(9)

An unpermitted exterior door.

(10)

Disproportionately high utility bill or bills in comparison to similarly-sized residences in the area, or disproportionately high utility bill or bills in relation to the number of bedrooms.

(11)

Disproportionate number of vehicles parked overnight at or registered to the property in relation to the number of bedrooms.

(b)

Presumption of illegal rooming house. It shall be presumed that a rooming house has been established when one or more of the following conditions are observed:

(1)

An advertisement or sign indicating the availability of rooms, beds, or living spaces for rent.

(2)

Interior locks, partitions, or hasps.

(3)

Provision of cooking or kitchen appliances, such as electric fry pans, toaster ovens, or refrigerators, in individual rooms.

(4)

Individual storage of food in bedrooms.

(5)

Alphabetical, numeric, or other labeling of bedrooms or living areas.

(6)

Multiple numbered, lettered, or otherwise labelled parking spaces.

(7)

Alterations to structures which enhance or facilitate its use as a rooming house.

(8)

Disproportionately high utility bill or bills in comparison to similarly-sized residences in the area, or disproportionately high utility bill or bills in relation to the number of bedrooms.

(9)

Disproportionate number of vehicles parked overnight at or registered to the property in relation to the number of bedrooms.

(c)

For duplex or triplex structures, the terms "structure" and "dwelling" as used herein shall apply as to each dwelling unit.

(d)

Rebutting the presumption.

(1)

The absence of any factor set forth in subsection (a) or (b) shall not create any presumption.

(2)

The presumption may be rebutted by the submission of a notarized affidavit in a form acceptable to the Director from the property owner attesting that the entire dwelling unit and accessory structures are being maintained for single-family dwelling use only, and one of the following:

(i)

The property owner submits a current as-built floor plan prepared by a licensed engineer or architect, surveying the entire dwelling unit and accessory structures and showing all rooms are interconnected as a single-family dwelling and attesting that no conditions on the property show an illegal subdivision of the residence or illegal multi-family or rooming house use; or

(ii)

A compliance officer is able to enter the property, inspect the interior of the dwelling unit and accessory structures and verify its use as a single-family dwelling.

(e)

Nothing contained in this section shall prevent the enforcement actions authorized by the Code of the City of Sweetwater. Florida independent of this section.

9.03.05 Unity of title requirements for residential developments.

(1)

In order to assure that proposed developments aredeveloped in substantial compliance with proffered plans, or in compliance with plans approved by public hearing, the zoning director may, when he deems it necessary in order to preserve the integrity of a development, require a property owner to file a unity of title, or other similar agreement or covenant, on a form approved for legal sufficiency by the city attorney.

(2)

Maintenance of common areas and facilities.

(a)

A homeowners' association, or similar association, shall be created forthe entire development (total property) as a master association which shall provide for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas so long as said associations, or the members thereof, are made members of the master association, or,

(b)

The property owner shall execute and record among the public records a covenant running with the land forthe entire property providing for the maintenance of all common areas, roadways, cross-easements and other amenities common to the entire parcel of land. This does not preclude individual associations for each phase in regard to maintenance of buildings and other common areas.

(c)

Each phase of development, when standing independently or in conjunction with existing developed contiguous phases, shall meet all zoning requirements. This subsection shall not be subject to a request for a variance.

(d)

Recordable documents establishing reciprocal rights or cross -easements forsatisf action of zoning requirements (including water and sewer lines, common parking areas, streets, driveways, entrances and exits, etc.).

(3)

The recordation of separate mortgages on each phase subsequent to the recordation of a unity of title or other similar agreement or covenant shall not be deemed as a breach of the agreement, nor shall sales of individual units in the development.

(4)

The provisions of this section shall not render structures approved pursuant to these provisions as nonconforming in nature. Subsequent changes more restrictive in nature in the Code relating to the underlying zoning on the property shall render the uses nonconforming in nature.

(Ord. No. 4852, § 2(Exh. A), 8-1-2022;Ord. No. 4907, § 2(Exh. A), 1-9-2023)

Cross reference— Buildings and building regulations, ch. 14.

9.04.01. Preapplication conference. Prior to filing for site plan review, the developer shall meet with the zoning director and city planner to discuss the development review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a proposed site plan or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

9.04.02. Review of site plans.

A.

The developer shall file a completed application and three copies of the site plan with the building department.

B.

Within 30 days of receipt of an application, the zoning director, city engineer and city planner shall review the submittal and shall either:

1.

Determine that the submittals are incomplete, deficient or not in conformance with this Code, and inform the developer in writing as to the deficiencies. The developer shall have 45 days to correct the deficiencies and resubmit corrected site plans. If the developer fails to do this, the site plan shall be denied approval.

2.

Determine that the submittals are complete and in conformance with this Code and grant approval.

3.

Determine that the submittals are complete, but the development activity proposed is not in conformance with the code and is in need of a variance. In this case the developer may apply for variance(s) per article VII.

9.04.03. Contents of site plan submittal.

A.

Site plans shall be drawn to a scale of not less than one inch equals 50 feet, and shall include:

1.

Name, location, owner and designer of the proposed development.

2.

Scale and north arrow.

3.

Current zoning of property.

4.

Proposed use of property.

5.

Tabular summary of:

a.

Lot area, net and gross.

b.

Number of residential dwelling units including their characteristics by number of bedrooms.

c.

Nonresidential floor area by type of use and total gross square footage.

d.

Residential density calculations.

e.

Building height.

f.

Open space and impervious coverage.

g.

Floor area ratio.

6.

All existing and proposed improvements, clearly delineated, labeled and dimensioned.

7.

Parking and loading calculations.

8.

Any other information requested by the city.

B.

The site plan shall be accompanied by the following:

a.

Property survey.

b.

Drainage plan (per article [section] 4.05), if applicable.

c.

Landscaping plan (per article [section] 4.06), if applicable.

9.05.01. Generally. Subdivision of land within the City of Sweetwater shall be regulated by chapter 28 of the Code of Metropolitan Miami-Dade County, Florida, as amended from time to time.

9.06.01. Generally.

A.

Granted by city commission. The city commission may approve a change in the zoning district boundaries in accordance with the provisions herein set forth.

9.06.02. Limitation on granting rezoning.

A.

Public hearing. The city commission shall schedule a public hearing upon receipt of an application for a rezoning to be held concurrently with second reading of comprehensive master plan amendment. Public notice of such hearing before the city commission shall be given in accordance with the Code of Ordinances of the City of Sweetwater. Upon conclusion of such public hearing, the city commission may consider the said application and, if is [it] chooses to grant same, it shall do so by resolution of five-sevenths of its members.

B.

Review standards. Decisions or recommendations relating to any change in zoning districts boundaries shall address, but not be limited to, the effect of the proposed rezoning as it relates to the following:

1.

The relationship of the proposed rezoning to the purposes and objectives of the city's comprehensive master plan, with appropriate consideration as to whether or not the proposed changes will further the purpose of this Code, regulations and action designed to implement said plan.

2.

The proposed change would or would not be contrary to the established land use pattern.

3.

The proposed change would or would not create an isolated district unrelated to adjacent and nearby districts.

4.

The proposed change would or would not alter the population density pattern and thereby have an adverse impact upon public facilities such as schools, utilities and streets.

5.

Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for rezoning.

6.

Changed or changing conditions make the passage of the proposed amendment necessary.

7.

Substantial reasons exist why the property cannot be used in accordance with existing zoning.

8.

Whether or not the change is out of scale with the needs of the neighborhood.

9.06.03. Rezoning applications. An application for a rezoning shall include the following information:

1.

Address, location and legal description of the subject property.

2.

Existing and proposed zoning of the property.

3.

A statement of the applicant's interest in the property to be rezoned, including a certificate of a duly licensed attorney, showing that the applicant is the present title holder of record. (Warranty deeds, title insurance documents, tax receipts and the like shall not be acceptable proof of ownership.)

a.

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

b.

If a contract to purchase, statement of all parties to the contract and written consent of the seller/owner;

c.

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

d.

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 been 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;

e.

If city initiated, the application may be signed by the mayor and shall be exempt from the requirements of paragraph (3), (4) and (5) herein.

4.

A certified survey, prepared within one year from the date of application, which shall include:

a.

An accurate legal description of the property to be rezoned; and

b.

A computation of the total area of the property by square feet and to the nearest tenth of an acre.

5.

A statement of the reasons or justification for the requested rezoning, and how the request adheres to the review standards set forth in this article.

6.

Property owner's notice list. A complete list of all property owners, mailing addresses and legal description for all property within 300 feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse. Such list shall be accompanied by an affidavit stating that to the best of the petitioner's knowledge said list is completed and accurate.

7.

Comprehensive master plan amendment adopted on first reading.

9.07.01. State law controlling. The procedures in this article shall be followed in amending the comprehensive master plan. This article supplements the mandatory requirements of state law, which must be adhered to in all respects.

9.07.02. Application. Applications for amendments to the land use elements or other changes in the master plan will be accepted by the City only from the affected property owners or their authorized representatives. The City, however, may initiate changes in the master plan or amendment of its land use elements. Applications for such changes, except for those initiated by the City, shall be made on forms prepared by the. In addition to the application fee, the applicant shall bear all costs of publication.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.03. Application filing. Applications for amendment of the land use element or other changes in the comprehensive master plan shall be submitted to the Building and Zoning Department, along with payment of the prescribed fees, during regular business hours. Applicant shall bear the actual costs of publications.

(1)

Application deadlines for either plan or text amendments to the City's comprehensive plan may be made at any time, but will only be considered twice per year by the Planning and Zoning Board and City Commission. Upon final review of the application the zoning director or designee shall schedule the application before Planning and Zoning Board and City Commission.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.04. Application review. The City shall cause such applications to be reviewed by staff and by such consultants as the mayor deems to be appropriate. The applicant will bear the cost of any consultants determined to be needed by the City.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.05. Planning and Zoning Board. When an application has been filed pursuant to this ordinance, there shall be hearings held on such application before the Planning and Zoning Board. The Planning and Zoning Board shall make its recommendation to the City Commission regarding each application. The failure of the board to make a favorable recommendation shall be deemed a recommendation to deny the request. The Board may make recommendations to modify any request.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.06. First reading. The City Commission shall hold a public hearing following the publication of notice at which they will consider the requests for changes and amendments, and the recommendations of the Planning and Zoning Board. If the City Commission determines to grant any such applications, they shall adopt upon first reading such ordinance as may be required to modify the land use element and the comprehensive master plan of the City.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.07. Second reading—City Commission. Following the adoption of such ordinance on first reading, the City shall submit the proposed amendments and changes to the appropriate county, regional and state agencies for review and comment and upon return of same to the City, the Commission shall consider the ordinance amending, modifying or changing the land use element or the comprehensive plan following a second public hearing, which shall include the comments of such reviewing agencies. The Commission may take final action concerning the ordinance upon second reading.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.08. Adoption. Upon the adoption of such amendments, changes or modification of the land use plan or the comprehensive plan, the City shall file same as required by law and may then proceed to implement same by enacting such ordinances or taking such other action as may be required.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.09. Emergency amendments and DRIs. Emergency comprehensive plan amendments or amendments relating to developments of regional impact may be initiated as provided for in F.S. § 163.3187(1)(a) and (b), FS 1993 or as amended.

(Ord. No. 3630, § 1, 2-6-2012)

Cross reference— Resolutions, ordinances and other documents, § 2-186.

9.07.10. Notification of public hearing. All amendments to the comprehensive master plan I comply with the following:

(1)

Notification; required forms. Notification and required forms are to be completed by affected persons, the petitioner and the City.

a.

At least ten calendar days prior to the proceeding, the City shall provide a legal advertisement to be published in a newspaper of general paid circulation in the county and of general interest and readership in the community, not one of limited subject matter. Said notice shall state the name of the petitioner for the requested action, the date, time and location of the proceeding, and the location and times where and when the petition and any back up information may be reviewed.

b.

No later than ten calendar days prior to the proceeding, a mail notice containing the same information as the legal advertisement shall be sent to each real property owner within 300 feet of the subject property as each is listed in the records of the county property appraiser. Mail notice may be provided by bulk mail, first class mail or certified mail, return receipt requested.

c.

No later than ten calendar days prior to the proceeding, the City shall post the property informing the public of the date, time of the proposed hearing.

d.

All cost for notification shall be paid by the petitioner.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.11. Procedure for public hearing. The following procedures are in addition to, or where in conflict, superseded by those required by county ordinance or state law:

(1)

Presentation of evidence.

a.

All persons testifying before a board or the City Commission must be sworn in. The petitioner, members of a board or the City Commission and any affected person who has provided notice that it intends to appear at the proceeding shall be given the opportunity to present evidence, bring forth witnesses, and cross-examine any witnesses.

b.

All evidence relied upon by reasonably prudent persons in the conduct of their business shall be admissible, whether or not such evidence would be admissible in a court of law. However, immaterial or unduly repetitious evidence shall be excluded.

c.

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding.

d.

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, parties shall be given an opportunity to compare the copy with the original.

e.

A party shall be entitled to conduct cross examination when testimony is provided or documents are made a part of the record.

f.

The office of the City Attorney shall represent the board or the City Commission. Any questions as to the propriety and admissibility of evidence shall be presented to the City Attorney's Office in a timely fashion.

(2)

Rights of participants for quasi-judicial proceedings. The proceedings shall be conducted in an informal manner. Each party shall have the right to do the following:

a.

To call and examine witnesses;

b.

To introduce exhibits;

c.

To cross examine opposing witnesses on any relevant matter; and

d.

To rebut evidence.

(3)

Criteria for review of amendments. When considering an amendment to the comprehensive master plan, the Planning and Zoning Board and City Commission shall consider the following criteria:

a.

Consistency with the comprehensive master plan, or in the case of a plan amendment, consistency with the remainder of the plan and its goals, objectives, and policies.

b.

Consistency with applicable sections of this Land Development Code.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.07.12. Testify, present evidence, etc.

(1)

Any affected person desiring to testify, present evidence, bring forth witnesses, or cross examine witnesses at the proceeding shall complete the required forms provided by the City Clerk's Office, which forms shall at a minimum:

a.

Set forth the affected person's name, address and telephone number which shall serve as notice to the petitioner and City of the affected person's intent to appear at the proceeding to testify, present evidence, bring forth witnesses, or cross examine witnesses;

b.

Set forth the names, addresses and telephone number of all witnesses including consultants or experts to testify on their behalf;

c.

Provide copies of all documents, correspondence, memoranda or other evidence the affected person intends to present, use or make reference to during the proceeding;

d.

Indicate whether the affected person is for or against the petition.

e.

Indicate how the affected person qualifies as an affected person. The required form must be completed and returned to the City Clerk's Office at least seven calendar days before the proceeding.

(2)

The petitioner and the City shall also complete the required forms, provided by the City Clerk's Office, described in subsection (a) of this section. The completed form shall be returned to the City Clerk's Office within the time frame set forth in subsection (a) of this section.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.12.00. Fees. The City of Sweetwater is hereby authorized to set reasonable fees and charges for the implementation of this Code. Such fees shall be set by ordinance of the city commission.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)

9.08.01. Appeals of interpretations of this Code by city officials. A developer or any adversely affected person may appeal a final administrative decision of a city official regarding an interpretation of this Code. Appeals are made to the planning and zoning board by filing a notice of appeal with the city clerk within 15 days of the decision.

9.08.02. Appeals from decisions of the planning and zoning board. A developer, an adversely affected party, or any person who appeared orally or in writing before the planning and zoning board and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision on a development plan reached at the conclusion of a public hearing before the planning and zoning board. Appeals are made to the city commission by filing a notice of appeal with the city clerk within 15 days of the decision.

9.08.03. Notice of appeal. The notice of appeal shall contain:

A.

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

B.

A statement of the interest of the person seeking review.

C.

The specific error alleged as the grounds of the appeal.

9.08.04. Setting hearing dates. The city clerk shall set a date for the hearing of the appeal, which shall not be more than 45 days from the date the notice of appeal was filed. Notice of such date shall be given to the appellant by certified mail. Notice by mail at least 15 days in advance of the hearing shall be given to any persons who, at any stage in the proceedings including that time prior to decision by the administrative official, have in writing indicated their desire to be notified.

9.08.05. Appellate hearing—Planning and zoning board. The planning and zoning board shall conduct a public hearing on the appeal. Any person may appear by agent or attorney. All materials transmitted to the zoning board upon the notice of appeal shall be a part of the record in the case. New materials may be received by the planning and zoning board where such materials are pertinent to the determination of the appeal.

In exercising authority to review the decision of the city official, the planning and zoning board shall have all the powers of the officer from whom the appeal is taken and, in conformity with the provisions of law and this Code may reverse or affirm, wholly or in part, or may modify the decision appealed from and may make such decision as ought to be made. The concurring votes of five-sevenths of the members of the planning and zoning board shall be necessary to reverse any decision of such city official, or to decide in favor of the appellant.

9.08.06. Appellate hearing—City commission. The city commission on review shall have full power to affirm, reverse, or modify the action of the planning and zoning board.

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

9.10.01. Changes to approved site plan. Upon a site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications. If after such approval should the owner/applicant or his successors desire to make any changes to said site plan, such changes shall first be submitted to the building department. If the city deems that there is a substantial change or deviation from that which is shown on the approved site plan, the owner/applicant or his successors shall be required to submit a new site plan for approval, such submittal shall be treated as a new site plan.

9.10.02. Effect of failure to commence construction. If the construction authorized by an approved site plan is not commenced within one year after the date the site plan was approved by city, a one-year extension may be granted. In order to obtain an extension, the applicant must make the request in writing to the building department. Only one extension may be granted. If no extension is granted and/or construction is not commenced within a year or if no construction is commenced within a year following the date the extension was granted, the site plan shall immediately become null and void and no construction shall be permitted until a new site plan application has been submitted to the building department. Such application shall meet all of the requirements and be in accordance with the procedure hereinabove set forth.

9.10.03. Post-permit changes. After a building permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the department.

9.10.04. Application for certificate of occupancy. Upon completion of work authorized by a building permit and before the development is occupied, the developer shall apply to the building department for a certificate of occupancy. The building department shall inspect the work and issue the certificate if the development is found to be in conformity with the building permit.

9.11.01. Generally. The code enforcement department shall enforce this Code according to the procedures set forth in the City of Sweetwater Code of Ordinances.

9.11.02. Other penalties and remedies.

A.

Generally. If the code enforcement department determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

B.

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the zoning director or building official, through the city attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

C.

Criminal penalties. Any person who violates any provision of this Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

Cross reference— Code enforcement procedure, § 2-351 et seq.

9.12.00. Fees. The City of Sweetwater is hereby authorized to set reasonable fees and charges for the implementation of this Code. Such fees shall be set by ordinance of the City Commission.

(Ord. No. 4528, § 3(Exh. A), 6-18-2019)