The city commission hereby designates the city manager, as defined, as the administrative official charged with the responsibility for administering and enforcing this chapter. As provided for, this responsibility and authority shall remain with the city manager or designee.

(Ord. No. 95-10, § 36-16, 9-19-95; Ord. No. 15-03, § 3, 7-7-15)

All persons desiring to undertake new construction, structural alteration, or changes in the use of a building or lot for any commercial or multiple-family dwelling or townhouse development, shall first attend a pre-development review committee meeting to facilitate and expedite the building application permitting process. All persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the city manager or designee for a certificate of concurrency, building permit and certificate of occupancy or statement of zoning compliance by filling out the appropriate application form and by submitting the required fee, as set by the city commission in appendix A. The city manager or designee will then either issue or refuse the building permit or refer the application to the city commission or the planning and zoning board. After the building permit has been received by the applicant, he may proceed to undertake the action permitted in the building permit. If the city manager or designee finds that the action of the applicant has been taken in accordance with the building permit, he will then issue a certificate of occupancy or a statement of zoning compliance allowing the premises to be occupied and/or utilized.

(Ord. No. 95-10, § 36-17, 9-19-95; Ord. No. 15-03, § 3, 7-7-15; Ord. No. 21-18, § 29, 9-20-21; Ord. No. 22-05, § 2, 4-19-22)

Any application for a change to the city zoning map, application for change of zoning district, or application for a variance, shall be submitted on a form as prepared by the city and submitted to the city manager or designee, and shall be accompanied by a fee as set by the city commission in appendix A.

(Ord. No. 95-10, § 36-18, 9-19-95; Ord. No. 15-03, § 3, 7-7-15; Ord. No. 21-18, § 30, 9-20-21)

The intent of this section is to create a pre-development review committee in order to expedite permitting and plan approvals by reviewing site and building plans prior to permit application submittal and may serve as the required pre-application meeting, required in this Code. The pre-development review committee is a staff administrative and technical committee which reviews policy and technical issues raised by development and redevelopment projects within the city. The pre-development review committee's review is not an approval or denial and will not serve as a recommendation for approval or denial of the application. Digital plans shall be submitted no later than close of business one week before the scheduled DRC meeting and those plans must include:

(1)

Construction plans with scale showing site dimensions, structure location, setbacks, parking areas, interior floor plans with overall dimensions; and building elevations with heights, shown from base flood elevation inclusive of the Terrain Height Modification Adjustment Factor. Plans may be unsigned and unsealed; and

(2)

Site plan or survey showing existing structures.

The city manager or designee may waive any of these submittal requirements.

(Ord. No. 22-05, § 3, 4-19-22; Ord. No. 24-15, § 3, 4-1-25)

(a)

Purpose. Administrative waivers provide a process for the city staff to consider requests to waive or modify certain standards of this Code when, special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development regulations otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

(b)

Applicability. An administrative waiver may be granted to waive or modify any requirement of the land development regulations (LDR) except: permitted land uses; density; floor area ratio; specific prohibitions (for example, prohibited signs), or procedural requirements.

(c)

Review authority. The CID director may approve an administrative waiver to grant relief from any of the following requirements of the LDR, up to a maximum variance of ten percent of the requirement or a maximum of one foot, whichever is smaller.

(1)

Distance between structures;

(2)

Parcel dimensions (not area);

(3)

Setbacks.

An administrative waiver may also be used to grant relief from "on-site parking, loading, and landscaping" up to a maximum reduction of ten percent provided there is less than a one percent reduction in the impervious surface ratio on the site.

(d)

Application filing and processing. An application for an administrative waiver shall be completed, filed, the required application fee, as set by the city commission in appendix A, paid and processed in compliance with this chapter. It is the responsibility of the applicant to provide evidence in support of the findings required in subsection (f).

(e)

Project review, notice and hearing. Each application shall be reviewed by the CID director to ensure that the proposal complies with this section, and other applicable requirements of the LDR. The CID director may approve or deny an administrative waiver without a public hearing or public notice.

(f)

Findings and decision. The CID director may approve or deny an application for an administrative waiver. The CID director shall record the decision and the findings on which the decision is based.

(1)

General findings. The CID director may approve an administrative waiver only after first making all of the following findings.

a.

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of the LDR deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;

b.

The approval of the administrative waiver includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and

c.

The administrative waiver is consistent with the comprehensive plan, and any other adopted plan or policy of the city.

(2)

Reasonable accommodation. The CID director may also grant an administrative waiver to the site planning or development standards of the LDR in compliance with this section, based on the finding that the waiver is necessary to accomplish a reasonable accommodation of the needs of a disabled person, in compliance with the Americans with Disabilities Act (ADA).

(3)

Sanitation service. The CID director may also grant an administrative waiver to the site planning or development standards of the LDR in compliance with this section, based on the finding that the waiver is necessary to install a dumpster and provide traffic circulation on the site for the sanitation vehicle.

(4)

Improvements to existing buildings. The CID director may also grant an administrative waiver to a development standard of the LDR in compliance with this section, based on the finding that the improvement is required by the Florida Building Code.

(g)

Conditions of approval. In approving an administrative waiver, the CID director:

(1)

Shall impose conditions to ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

(2)

May impose any reasonable conditions to ensure that the approval complies with the findings required by subsection (f).

(h)

Appeal procedures. A property owner that is denied an administrative waiver may file an appeal which will be heard by the planning and zoning board. The fee and process of the appeal shall follow the requirements of an "appeals to administrative decisions."

(Ord. No. 14-06, § 1, 9-3-14; Ord. No. 21-18, § 31, 9-20-21)