The powers and duties of the key decision making bodies and authorities for Part III, Land Development Regulations, of this Code are identified in this article.

(Ord. No. 2008-23, § 1, 11-18-2008)

In addition to any authority granted the city council by state law, City Charter, or this Code, the city council shall have the following specific powers and duties regarding the land development regulations of this Code:

(a)

To adopt and amend the land development regulations and the official zoning map.

(b)

To adopt and amend the comprehensive plan and the comprehensive land use map.

(c)

To initiate amendments to the land development regulations, official zoning map, comprehensive plan and comprehensive land use map.

(d)

To hear, consider, and act on appeals from decisions of the planning and zoning board.

(e)

To approve preliminary and final subdivision plats.

(f)

To take such other actions not delegated to the planning and zoning board as the city council may deem desirable and necessary.

(Ord. No. 2008-23, § 1, 11-18-2008; Ord. No. 2012-05, § 3, 4-3-2012)

Editor's note— Ord. No. 2012-05, § 3, adopted April 3, 2012, repealed § 65.03, which pertained to board of adjustment and derived from Ord. No. 2008-23, § 1, adopted Nov. 18, 2008.

The planning and zoning board shall have the following powers and duties:

(a)

To serve as the local planning agency (LPA) required by F.S. § 163.3174.

(b)

To initiate amendments to the comprehensive plan, future land use map, land development regulations, and the official zoning map.

(c)

To hear, consider and make recommendations to the city council on amendments to the comprehensive plan, future land use map, land development regulations and the official zoning map.

(d)

To hear, consider and approve or deny applications for site plans and conditional uses.

(e)

To hear, consider, and act on administrative appeals from decisions of the planning director and other administrative officers under Part III, Land Development Regulations.

(f)

To hear, consider and approve or deny applications for special exceptions pursuant to article II of this chapter.

(g)

To carry out duties and responsibilities for subdivision plat approval pursuant to chapter 70, subdivisions, of this Code

(h)

Hear and decide proposed variances to the terms of Part III, Land Development Regulations of this Code.

(i)

Hear and decide appeals of decisions made by the city manager in the issuance of wastewater discharge permits for industrial users.

(j)

Other duties as may be assigned by the city council.

(Ord. No. 2008-23, § 1, 11-18-2008; Ord. No. 2012-05, § 3, 4-3-2012)

In addition to the authority granted the city manager by the City Charter and this Code as the city's chief administrative officer, the city manager shall have the following specific powers and duties regarding Part III, Land Development Regulations of this Code:

(a)

To approve or deny permit applications for use of right-of-way pursuant to chapter 71, public right-of-way.

(b)

To approve street names and house numbers pursuant to chapter 71, public right-of-way.

(Ord. No. 2008-23, § 1, 11-18-2008; Ord. No. 2012-05, § 3, 4-3-2012)

In addition to other power and duties that may be assigned by the city manager and other provisions of this Code, the planning director shall have the following powers and duties regarding Part III, Land Development Regulations of this Code:

(a)

To serve as professional and administrative staff to the planning and zoning board.

(b)

To serve as professional staff to the historic preservation commission and architectural review commission.

(c)

To update and maintain the comprehensive plan, including the future land use map.

(d)

To maintain and protect official development review files and other public records related to the department.

(e)

To review and approve or disapprove applications for development approval pursuant to chapter 64, article I, development review.

(f)

To review and make recommendations on applications for major site plans, conditional uses, and special exceptions to the planning and zoning board.

(g)

To review and make recommendations on amendments to the comprehensive plan, future land use map, land development regulations, and official zoning map to the planning and zoning board and city council.

(h)

To administer regulations governing subdivision of land pursuant to chapter 70, subdivisions.

(i)

To review and make recommendations on variance applications to the planning and zoning board.

(j)

To render official interpretations of the comprehensive plan, future land use map, land development regulations, and official zoning map.

(k)

To administer the landscaping and tree requirements pursuant to Chapter 72, Environmental Protection Standards.

(l)

To administer the city's concurrency management system and render administrative concurrency determinations on development applications pursuant to chapter 75, concurrency management.

(m)

To administer the provisions of chapter 76, historic preservation.

(n)

To review and make recommendations on development applications within special flood hazard areas to the city manager pursuant to chapter 73, flood damage prevention and drainage.

(o)

To enforce the provisions of the land development regulations.

(p)

To administer and enforce the city's floodplain regulations pursuant to chapter 73, flood damage prevention and drainage.

(Ord. No. 2008-23, § 1, 11-18-2008; Ord. No. 2012-05, § 3, 4-3-2012; Ord. No. 2023-07, § 2, 4-18-2023)

In addition to other powers and duties conferred by other provisions of this Code and assigned by the city manager, the city engineer shall have the following powers and duties regarding the land development regulations of this Code:

(a)

To review and approve or deny applications for drainage/stormwater management plans pursuant to chapter 73, flood damage prevention and drainage.

(b)

To review and make concurrency determinations as required by chapter 75, concurrency management.

(c)

To carryout responsibilities and duties for subdivision of lands pursuant to chapter 70, subdivisions.

(d)

To review and make recommendations on applications for development approval submitted to the planning director and planning and zoning board regarding, but not necessarily limited to ingress/egress to public right-of-way, on-site parking and loading design and construction specifications, solid waste disposal, and utility easements.

(Ord. No. 2008-23, § 1, 11-18-2008; Ord. No. 2012-05, § 3, 4-3-2012)

The authority of the planning and zoning board to grant special exceptions to the land development regulations of this Code is limited to the following two situations:

(a)

To reduce the required number of off-street parking and loading requirements whenever:

(1)

The character or use of a building is such as to render unnecessary the full provision of off-street parking or loading requirements; or

(2)

The strict enforcement of such provision would impose an unreasonable hardship as contrasted with merely granting an advantage or convenience.

(b)

To authorize reconstruction of a nonconforming building which has been destroyed or partially destroyed by fire or act of God, where the board finds that the continuance of the nonconforming structure is in harmony with the general welfare of the public.

(Ord. No. 2008-23, § 1, 11-18-2008)

The application and non-refundable application fee for a special exception shall be submitted to the planning and development department pursuant to section 64.03. The applications shall be reviewed, processed, and noticed pursuant to the procedures for a major site plan application in section 64.08.

(Ord. No. 2008-23, § 1, 11-18-2008)

(a)

Required findings. In order for the planning and zoning board to approve a special exception, the board shall find that such grant of a special exception will not:

(1)

Adversely affect the public interest;

(2)

Constitute any change in the districts shown on the official zoning map;

(3)

Impair adequate supply of light or air to adjacent property;

(4)

Unreasonably increase the congestion in public streets;

(5)

Increase the danger of fire or panic;

(6)

Imperil the public safety;

(7)

Unreasonably increase overcrowding of land; and

(8)

Imperil the health or general welfare of the inhabitants of the City of Vero Beach.

(b)

Conditions for granting of special exception.

(1)

In granting any special exception, the planning and zoning board may attach any reasonable conditions, limitations, or requirements found necessary, in its judgment, to ensure compliance with this article. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Code.

(2)

The planning and zoning board may prescribe a reasonable time limit within which the action for which the special exception is required shall be commenced or completed or both.

(Ord. No. 2008-23, § 1, 11-18-2008)

The applicant or any person aggrieved by the decision of the planning and zoning board regarding a special exception, may request review of the decision by city council within ten days of the board's decision pursuant to the standards and procedures for major site plan appeals in section 64.08. Any decision of the city council shall be based upon the findings of section 65.12.

(Ord. No. 2008-23, § 1, 11-18-2008)

The purpose of this article is to set forth the minimum requirements for processing and considering amendments to the Comprehensive Plan and Part III, Land Development Regulations, of this Code.

(Ord. No. 2021-01, § 4, 2-16-2021)

The following words and phrases shall have the following definitions when used in this Article:

(a)

Aggrieved or Adversely Affected Party. A property owner or occupant with standing to challenge a land development order or amendment to the Code or Comprehensive Plan as determined pursuant to Florida statutory or case law.

(b)

City. The City of Vero Beach, Florida. The City Council, Planning and Zoning Board, or Planning Director, are collectively referred to as the "City" for purpose of this Article.

(c)

Code. For purpose of this Article, Code refers to Part III, Land Development Regulations, of The Code of the City of Vero Beach.

(d)

Comprehensive Plan. The Comprehensive Plan of the City of Vero Beach, including the elements or portions thereof, as adopted and amended by ordinance of the City Council pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. Any reference to "Comprehensive Plan" shall mean to include the "Future Land Use Map."

(e)

Master Plan. A general development plan for land within a Planned Development Zoning District.

(f)

Land Development Regulations. The Land Development Regulations of the City of Vero Beach, including Title III - Police Power Ordinances, Title IV - Zoning Ordinance, and Title VII - Land Development, as adopted and amended by ordinance of the City Council. Any reference to "Land Development Regulations" shall mean to include the "Official Zoning Map."

(g)

Planned Development Zoning District. A Planned Development Zoning District means either a MPZ Master Plan Zone District, pursuant to Chapter 61, Article VI or Planned Development District, pursuant to Chapter 62, Article XIV.

(h)

Planning Director. The Planning Director of the City of Vero Beach, who is primarily responsible for administering and enforcing the provisions of this Code, pursuant to section 65.06, Planning Director, and who may delegate any decision-making or review authority to any Planning and Development Department staff.

(i)

Planning and Development Department. The Planning and Development Department of the City of Vero Beach, is the administrative department composed of the Planning Director and the planning staff.

(Ord. No. 2021-01, § 4, 2-16-2021)

Table 65.1: Summary of Amendment Procedures, identifies the various amendment processes authorized by this Code and indicates the role the Planning Director and City boards have in making recommendations or decisions on applications for each type of development permit. It also identifies those applications that require a public hearing, and the type of public hearing (legislative or quasi-judicial) involved. Also noted is whether a pre-application meeting or neighborhood workshop is required. Reading table rows from left to right provides a summary view of the major steps involved with each type of application for the amendment process.

(Ord. No. 2021-01, § 4, 2-16-2021)

This section describes the procedural steps, requirements, and review criteria that are generally applicable to applications for an amendment reviewed under this Article. These standard procedures shall apply to all applications for an amendment reviewed under this Article unless otherwise expressly exempted or alternative procedural requirements are specified in application specific procedures in section 65.24 through section 65.29.

(a)

Pre-application meeting.

(1)

Purpose. The purpose of a pre-application meeting is to provide an opportunity for the applicant to determine the submittal requirements and the procedures and standards applicable to an anticipated application for an amendment to the Land Development Regulations or Comprehensive Plan. A pre-application meeting is also intended to provide an opportunity for the Planning Director to become familiar with, and offer the applicant preliminary comments about, the scope, features, and impacts of the proposed amendment, as it relates to Code requirements. The pre-application meeting should occur before any substantial investment in the proposed amendment.

(2)

Applicability. Except for applications for an amendment initiated by the City, a pre-application meeting between the applicant and Planning Director shall be held before submittal of the any Comprehensive Plan or Land Development Regulation amendment application.

(3)

Information submitted for meeting.

a.

General. Where a pre-application meeting is held for any application for an amendment, the applicant is encouraged to submit information describing the main elements or aspects of the proposed development or amendment to the Planning Director at least three business days before the meeting. The more information and greater review time Planning Director has before the meeting, the more specific Planning Director comments can be about the proposal as it relates to Code requirements.

b.

Additional information for specific applications. Applicants for a Planned Development are also encouraged to submit sketch plans or conceptual drawings showing the location, general layout, and main elements of the proposed development.

c.

Requests for additional information. The Planning Director may request the applicant to submit additional information or materials before the pre-application meeting.

(4)

Effect. The pre-application meeting is intended as a means of facilitating the review process. Discussions held in accordance with this section are not binding on the City. Processing times for review of applications for a development permit do not begin until a formal application is submitted and determined to be complete.

(b)

Neighborhood workshop.

(1)

Purpose. The purpose of the neighborhood workshop is to educate owners and occupants of nearby lands about an application for a Future Land Use Map or Official Zoning Map amendment that is being reviewed under this Code and to provide the applicant an opportunity to hear comments and concerns about the amendment proposal and resolve conflicts and outstanding issues where possible.

(2)

Favored practice. Neighborhood workshops are encouraged as opportunities for informal communication between applicants and the owners and occupants of nearby lands, and other residents who may be affected by development or map amendment proposals.

(3)

Applicability. Where a neighborhood workshop is required pursuant to Table 65.1: Summary of Development Procedures, the workshop shall be scheduled after the pre-application meeting and at least twenty-one (21) days before the application is reviewed by the Planning and Zoning Board. This requirement does not apply if the application is one initiated by the City.

(4)

Procedure. If a neighborhood workshop is held by the applicant, whether it is mandatory or voluntary, it shall comply with the procedures in section 64.08(c), Neighborhood workshop procedures and requirements, except the following procedures also apply:

a.

At the workshop, the applicant shall present maps showing the location of the proposed map amendment, if applicable, proposed text amendments, and if proposed development is known, a conceptual site plan, proposed building elevations, and proposed use of the site.

b.

When the application for an amendment is submitted, it shall include the additional following items:

1.

A copy of the workshop meeting advertisement published in the newspaper;

2.

A copy of the letter noticing the workshop to property owners;

3.

A copy of the workshop sign-in sheet; and

4.

A written summary of the workshop.

c.

Staff Attendance. At the applicant's expense, the Planning Director or other City staff may attend the meeting for the purpose of advising attendees about applicable provisions of this Code and the Comprehensive Plan, but shall not serve as facilitators or become involved in discussions about the development proposal.

(c)

Application submittal and acceptance.

(1)

Authority to submit applications. Unless expressly stated otherwise in this Code, applications for a development permit reviewed under this Code shall be submitted by:

a.

Text amendments. Any person may file an application requesting a text amendment to the Comprehensive Plan or Land Development Regulations.

b.

Map amendments. The City may file an application requesting amendments to the Official Zoning Map, including Planned Developments, and Future Land Use Map. All other persons may file an application for amendments to the Official Zoning Map or Future Land Use Map only if the person is the owner of the subject property or the person has the property owner's written authorization.

(2)

Application contents. An application shall be submitted to the Planning and Development Department on a form prescribed by the Planning Director and accompanied by a nonrefundable application fee. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance of the proposed application for a development permit with applicable standards.

(3)

Application fees. The City Council shall establish application fees by resolution and may amend and update those fees as determined necessary.

(4)

Submittal and review schedule. The Planning Director is authorized to and shall establish the submittal and review schedule (including time frames for review) for the various types of applications of amendments. The Planning Director may amend and update these requirements as determined necessary to ensure effective and efficient review under this Article.

(5)

Application completeness review.

a.

Completeness review. Upon receiving an application, the Planning Director shall cause the determination whether the application is complete or incomplete within five (5) working days of its receipt. A complete application is one that:

i.

Contains all information and materials established by Planning Director as required for submittal of the particular type of application;

ii.

Is in the form established by Planning Director as required for submittal of the particular type of application;

iii.

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate review standards of this Article; and

iv.

Is accompanied by the fee established for the particular type of application.

b.

Application incomplete.

i.

If the application is determined to be incomplete, the Planning Director shall cause the notification of the applicant in writing specifying the application's deficiencies and offer the applicant the opportunity to pick up the incomplete application to correct the deficiencies. If the applicant fails to pick up the incomplete application within three (3) working days after being notified of submittal deficiencies, the application will be considered abandoned.

ii.

The applicant shall thereafter correct the deficiencies and resubmit the application to the Planning and Development Department within thirty (30) days of the date of notification for further review, otherwise the application shall be deemed abandoned unless the Planning Director grants an extension of such time for good cause.

iii.

If the applicant picks up the incomplete application but fails to resubmit an application within thirty (30) days after being notified of submittal deficiencies, the application shall be considered abandoned.

iv.

If abandoned, the application shall be returned to the applicant and a copy retained by the Planning and Development Department.

v.

The Planning Director shall not cause the processing of the application for further review until it is determined to be complete.

vi.

Notwithstanding the other provisions of this paragraph, after an application is determined to be incomplete three (3) times, the applicant may request, and the Planning Director shall undertake, processing and review of the application even though it is not determined to be a complete application.

c.

Application complete. Upon determining that the application is complete, or on receiving the applicant's request that the application be processed in accordance with subsection (5)b.vi above, the Planning Director shall accept the application for review in accordance with the procedures and standards of this Article. The time frame and cycle for review of the application shall be based on the date the application is determined to be complete, or the date the applicant requests that it be processed in accordance with subsection (5)b.vi above.

(6)

Application revision. An applicant may submit a revised application to the Planning and Development Department after receiving initial Planning Director review comments on the application (See section 65.23(d)(2), Planning Director review and opportunity for application revision.) or on requesting and receiving permission from a review or decision-making body after that body has reviewed but not yet taken action on the application.

(7)

Application withdrawal.

a.

An applicant may withdraw an application for an amendment at any time by submitting a letter of withdrawal to the Planning Director.

b.

Applications withdrawn after required notice of any public hearing scheduled for the application shall be subject to limitations on the subsequent submittal of similar applications (See section 65.23(j)(1), Prior application denial).

c.

If an application is withdrawn by the applicant, or deemed withdrawn by the applicant's failure to revise the application in response to a notice of compliance deficiencies (See section 65.23(d)(2), Planning Director review and opportunity for application revision.), no further review of the application shall take place unless or until a new application (including new application fees) is submitted and determined to be complete. Application fees shall not be refunded for withdrawn applications.

(d)

Application review procedures.

(1)

Referral of application to department and review agencies. A complete application shall be caused by the Planning Director to be referred to appropriate City departments and review agencies for their review, comments, recommendations, or decision, as appropriate.

(2)

Planning Director review and opportunity for application revision. Before preparing a staff report or making a decision on an application (See Table 65.1: Summary of Development Procedures), the Planning Director shall review the application, relevant support material, and any comments or recommendations from other staff and review agencies to which the application was referred. If deficiencies in complying with applicable standards of this Article are identified, the Planning Director shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies with the Planning Director and revise the application to address them, in accordance with section 65.23(c)(6), Application revision. If within ninety (90) days after first being notified of compliance deficiencies, the applicant fails to submit a revised application, request that the application be processed as submitted, or request an extension of the 90-day period for good cause to complete revisions, the application shall be considered withdrawn.

(3)

Staff report to Planning and Zoning Board.

a.

Staff report. Upon determination of a complete application, the Planning Director shall prepare a written report based on the review criteria applicable to the application type, as set forth in the application specific procedures with findings and recommendations for submittal to the Planning and Zoning Board.

b.

Distribution and availability of application and staff report. Within a reasonable time period before the meeting at which the application is scheduled for review by an advisory or decision-making body, the Planning Director shall cause:

i.

Verifying notice of any required public hearing on the application in accordance with section 65.23(e), Public hearing scheduling and notice;

ii.

Transmitting the application, related materials, and the staff report to the appropriate advisory or decision-making body;

iii.

Transmitting a copy of the staff report to the applicant; and

iv.

Making the application, related materials, and the staff report available for examination by the public during normal business hours, and make copies of such materials available at a reasonable cost.

(e)

Public hearing scheduling and notice.

(1)

Required public hearings. Table 65.2: Required Public Hearings, identifies the types of applications for an amendment that require public hearings under this Code, the review bodies responsible for conducting those public hearings, and the type of required public hearing (legislative or quasi-judicial).

(2)

Scheduling public hearings.

a.

The Planning Director shall ensure that public hearings on the application are scheduled for either a regularly scheduled meeting of the body conducting the hearing or a meeting specially called for that purpose by the body conducting the hearing.

b.

The Planning and Zoning Board public hearing on the application shall be scheduled within forty-five (45) days of receipt of a complete application, provided there is sufficient time for preparation of a staff report and satisfaction of the public notice requirements in this Article and under State law, and unless the applicant requests to delay the scheduling of the hearing.

(3)

Public hearing notice.

a.

Notice timing requirements. Public notice of the public hearing on an application shall be provided in accordance with the timing requirements shown in Table 65.3: Public Hearing Notice Timing Requirements, for the type of application and the type of notice. In computing the required time periods, the day the notice is published or postmarked shall not be included, but the day of the hearing shall be included.

b.

Published notice requirements.

i.

The Planning Director or City Clerk shall cause a required notice of a public hearing on an application to be prepared and published in a newspaper having general circulation in the City.

ii.

Where a published notice is required in accordance with F.S. § 166.041, the size and format of the notice shall comply with the requirements of that statute.

c.

Mailed notice requirements.

i.

Where required by Table 65.3: Public Hearing Notice Timing Requirement, and at the cost to the applicant, the Planning Director shall cause the mailing of a required notice of a public hearing on an application via first class mail to the following persons:

(a)

Owner(s) of land subject to the application (if other than the applicant); and

(b)

Owner(s) of real property within five hundred (500) feet of the land subject to the application.

ii.

The owner names and addresses used to mail required notices to owners of neighboring lands shall be those shown on the current ad valorem tax rolls of Indian River County.

iii.

Where the neighboring lands are part of a townhouse, condominium, or timeshare development, the notice may be mailed to the president or manager of the development's property owners association instead of individual unit owners.

iv.

The mailed notice requirement shall not apply to City sponsored amendments to the Comprehensive Plan Future Land Use Map and Official Zoning Map to bring annexed property under the provisions of the City's Land Development Regulations.

d.

Posted notice requirements.

i.

At the cost of the applicant, the Planning Director shall cause the placement of a required posted notice on the land subject to the application, at a location adjacent to each abutting street and clearly visible to traffic along the street (or if no part of the subject land abuts a street, in the right-of-way of the nearest street, and in a manner consistent with the intent of this subsection).

ii.

Posted notice shall be a waterproof and fade proof sign of at least two (2) by three (3) feet in front surface area, which is lettered so as to be easily visible from public rights-of-way abutting the property.

iii.

The posted notice shall be maintained in place until after a final City decision on the subject application is rendered.

e.

Notice content. Required public notices shall, at a minimum:

i.

Identify the application;

ii.

Describe the nature and scope of the proposed development or action;

iii.

Identify the location of land subject to application (not applicable to notices posted on the subject property);

iv.

Identify the date, time, and location of the public hearing(s) being noticed; and

v.

Comply with any other notice content requirements established by State law.

f.

Availability of hearing notice for public inspection. The Planning Director or City Clerk shall keep a copy of the required published and mailed notices of a public hearing and make them available for inspection by the public during normal business hours.

g.

Applicant responsible for notice costs. The applicant shall be responsible for all costs of providing required notices.

(4)

Requests to defer public hearing.

a.

Before public hearing notice. If an application is subject to a public hearing and required notice of the hearing has not yet been provided, the applicant may submit a written request to defer the public hearing to the Planning Director, who may grant the request for good cause.

b.

After public hearing notice.

i.

If an application is subject to a public hearing and required notice of the hearing has already been provided, the applicant may request that the hearing be deferred by submitting a written request for deferral to the body scheduled to hold the hearing. On receiving such a request, the body may grant the request for good cause, or if finding no good cause for deferral, may proceed to hold the hearing, then consider and act on the application.

ii.

If the body grants the request for deferral, it shall concurrently set a new hearing date for the application.

iii.

If a deferral is granted, the application may be subject to additional application fees to defray the additional costs of processing the application.

(f)

Public hearing procedures. If the application is subject to a public hearing by the Planning and Zoning Board or the City Council (See Table 65.2: Required Public Hearings.), the Planning and Zoning Board or City Council shall hold the public hearing in accordance with the following procedures, as appropriate to the type of hearing.

(1)

General.

a.

Rights of all persons. Any person may appear at the public hearing and submit documents, materials, and other written or oral testimony, either individually or as a representative of an organization. Persons speaking at the hearing shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.

b.

Restrictions on presentations. The body conducting the public hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

c.

Continuance of hearing. The body conducting the public hearing may, on its own motion and at the request of the applicant or Planning Director, continue the public hearing to a fixed date, time, and place, for good cause.

d.

Record of hearing proceedings. The City Clerk shall record the public hearing proceedings by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time.

e.

Burden of proof and persuasion. The applicant bears the burden of demonstrating that an application complies with applicable review standards. The burden is not on the City or other parties to show that the standards are met by the applicant.

(2)

Legislative public hearings. If the public hearing is a legislative hearing (See Table 65.1: Summary of Development Procedures), the hearing shall be subject to the following order of proceedings:

a.

Opening of hearing. The person chairing the body conducting the hearing shall open the public hearing.

b.

Staff presentation. Planning Director provides a brief introductory narrative and/or graphic description of the application and present the staff report and any prior Board findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation.

c.

Applicant presentation. The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation.

d.

Public comment. Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.

e.

Responses to presentations and comments.

i.

The applicant may respond to any testimony, comments, documents, or materials presented by the Planning Director or the public.

ii.

The Planning Director may respond to any testimony, comments, documents, or materials presented by the applicant or the public.

f.

Close of hearing. The person chairing the body conducting the hearing shall close the public hearing.

(3)

Quasi-judicial public hearing procedures.

a.

Order of proceedings. If the public hearing is a quasi-judicial hearing (See Table 65.1: Summary of Development Procedures), the hearing shall be subject to the following order of proceedings:

i.

Opening of hearing. The person chairing the body conducting the hearing shall open the public hearing.

ii.

Swearing in or affirmation of witnesses. The person chairing the body conducting the hearing shall swear in or affirm all persons who will testify at the hearing, if requested by any party.

iii.

Staff presentation. Planning Director shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior advisory body findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The applicant and affected parties may also ask questions of each witness.

iv.

Applicant presentation. The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The Planning Director and affected parties may also ask questions of each witness.

v.

Affected parties' presentations. Parties affected by the proposed application (See definition of "affected party" in section 65.21, Definitions) may present any information the affected party deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The Planning Director and the applicant may also ask questions of each witness.

vi.

Public comment. Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.

vii.

Responses to presentations and comments.

a.

The applicant may respond to any testimony, comments, documents, or materials presented by Planning Director, affected parties, or the public.

b.

Affected parties may respond to any testimony, comments, documents, or materials presented by Planning Director, the applicant, or the public.

c.

Planning Director may respond to any testimony, comments, documents, or materials presented by the applicant, affected parties, or the public, in that order.

viii.

Conclusions. Affected parties, the applicant, and Planning Director may present brief conclusionary statements.

ix.

Close of hearing. The person chairing the body conducting the hearing shall close the public hearing.

b.

Evidence. The body conducting the hearing may consider all testimony and evidence it deems competent and material to the application, and may exclude testimony or evidence it determines to be irrelevant, immaterial, incompetent, unreliable, or unduly repetitious.

c.

Cross-examination. Any inquiry under cross-examination shall be limited to matters raised in the direct examination of the witness. No re-direct or re-cross shall be allowed unless requested by the applicant, an affected party, or the City along with a statement of the desired area of inquiry, and the request is approved by the person chairing the body conducting the hearing. If re-direct or re-cross is allowed, it shall be limited to questions of the witness on issues raised in the cross-examination.

d.

Public Hearing Record. The public hearing record shall include the application, the staff report, this Code, any advisory body proceedings and recommendations on the application, all testimony offered at the hearing, and all written materials concerning the application presented or entered into the record at the hearing by Planning Director, the applicant, affected parties, or the public.

(g)

Planning and Zoning Board public hearing and recommendation. The Planning and Zoning Board shall conduct a public hearing, make its findings and recommendations, and act on the application in accordance with the following procedures.

(1)

The Board shall hold any required public hearing (See Table 65.2: Required Public Hearings) in accordance with section 65.23(f), Public hearing procedures, and consider the application, relevant support materials, staff report, and any public comments. It shall then recommend one (1) of the decisions authorized for the particular type of application, based on the review standards applicable to the specific application procedure, as set forth in section 65.24 through section 65.29.

(2)

The Board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(3)

Subsequent to the Planning and Zoning Board's public hearing, the Planning Director shall prepare for submittal to the City Council a final report including the findings and recommendations of the Planning and Zoning Board, recommendations of the Planning Director, and a draft amending ordinance approved by the City Attorney.

(h)

City Council public hearing(s) and decision. The City Council shall review and decide the application in accordance with the following procedures.

(1)

First reading of proposed ordinance before City Council. Upon completion of the final report by the Planning Director and the draft amending ordinance, the City Clerk shall cause the application to be placed on the City Council's next available agenda for "First Reading."

(2)

Scheduling the City Council public hearing(s). The City Council shall schedule the application for a public hearing as follows at the "First Reading."

a.

If the application is for a City sponsored text or Future Land Use Map amendment to the Comprehensive Plan, the City Council shall approve the application or deny the application, with or without changes, to be scheduled for a transmittal public hearing, as applicable pursuant to F.S. Ch. 163.

b.

If the application is for a text or Future Land Use Map amendment to the Comprehensive Plan sponsored by a person other than the City, the City Council shall, without public input or City Council discussion of the facts or merits of the application, approve the application to be scheduled for a transmittal public hearing, as applicable pursuant to F.S. Ch. 163.

c.

If the application is for a City sponsored text amendment to the Land Development Regulations, or a City sponsored amendment to the Official Zoning Map not requiring a quasi-judicial hearing, the City Council shall approve the application or deny the application, with or without changes, to be scheduled for an adoption public hearing(s).

d.

If the application is for a text amendment to the Land Development Regulations sponsored by a person other than the City, the City Council shall, without public input or City Council discussion of the facts or merits of the application, approve the application to be scheduled for an adoption public hearing(s).

e.

If the application is for an amendment to the Official Zoning Map that requires a quasi-judicial hearing, the City Council shall, without public input or City Council discussion of the facts or merits of the application, approve the application to be scheduled for public hearing(s).

(3)

City Council public hearing.

a.

The City Council shall conduct a public hearing on the application (See Table 65.2: Required Public Hearings) in accordance with section 65.23(f), Public hearing procedures, and consider the application, relevant support materials, staff report, any Planning and Zoning Board recommendations, and any public comments. Upon conclusion of the final public hearing, the City Council shall render a decision to deny, adopt, or adopt with revisions the proposed amending ordinance or transmittal resolution based upon the review standards applicable to the specific application type, as set forth in section 65.24 through section 65.29.

b.

The City Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

c.

Additional requirements after a quasi-judicial public hearing. If the application is subject to a quasi-judicial public hearing (See Table 65.2: Required Public Hearings), the City Council review and decision shall be based on whether the application meets all applicable requirements of this Article, based on the entirety of the record before the decision-making body.

(i)

Post-decision actions.

(1)

Notice of decision. Within ten (10) calendar days after a final decision on an application, the Planning Director shall provide the applicant a dated written notice of the decision and that no additional review procedure is provided by this Article. The Planning Director also shall make a copy of the decision available to the public electronically during normal business hours.

(2)

Appeals. A party aggrieved or adversely affected by any decision for which no further administrative review procedure is provided by this Article may within thirty (30) days after rendition of the order, seek review of the decision in the courts in accordance with applicable State law. Calculation of the 30-day time period shall commence with the day following the date of rendition and the end of the thirtieth (30 ^th ) day thereafter, or the first business day, if the thirtieth (30 ^th ) day falls on a weekend day or national holiday.

(j)

Successive applications.

(1)

Prior application denial.

a.

No application proposing the same or similar amendment to the Comprehensive Plan text or Land Development Regulations sponsored by a person other than the City, which has been previously denied by the City, shall be accepted by the Planning and Development Department for a period of one (1) year after the date of denial of the previous amendment application unless City Council waives this time limit in accordance with provision [c] below.

b.

No application for an amendment to the Future Land Use Map or Official Zoning Map to change the designation of the same property(ies) sponsored by a person other than the City, which has been previously denied by the City, shall be accepted by the Planning and Development Department for a period of two (2) years from the date of denial of the previous amendment application unless City Council waives this time limit in accordance with provision [c] below.

c.

The owner of land subject to the time limit provided in provision [a] or [b] above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the City Council. The City Council may grant a waiver of the time limit only on a finding by two-thirds (⅔) of its membership that the owner or agent has demonstrated that:

i.

There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

ii.

New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

iii.

The new application proposed to be submitted is materially different from the prior application; or

iv.

The final decision on the prior application was based on a material mistake of fact.

(2)

Prior application withdrawal. If an application requiring a public hearing is withdrawn after required notice of the public hearing is provided, no application proposing the same or similar development on all or part of the same land shall be submitted within one hundred eighty (180) days after the date of withdrawal.

(Ord. No. 2021-01, § 4, 2-16-2021)

(a)

Purpose. The purpose of this section is to provide a uniform means for amending the text of the City's adopted Comprehensive Plan whenever the public necessity, convenience, general welfare, or appropriate land use practices justify or require doing so.

(b)

General. This section sets forth supplemental procedures, standards, and related information for Comprehensive Plan text amendment applications reviewed under this Article, as listed in Table 65.1: Summary of Development Procedures. The following subsections states whether each of the steps in the standard procedure set forth in section 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

Comprehensive Plan text amendment procedure.

(1)

Pre-application meeting. Applicable [See section 65.23(a)].

(2)

Neighborhood workshop. Optional [See section 65.23(b)]. If the proposed Comprehensive Plan text amendment is specific to a neighborhood or business district in the City, a neighborhood workshop is recommended.

(3)

Application submittal and acceptance. Applicable [See section 65.23(c)]. Applications may be initiated by the City or any person who may submit applications in accordance with section 65.23(c)(1)a. The application shall only amend, delete or add, objectives or policies of the City's Comprehensive Plan. The limitation does not apply to the adoption of a new Comprehensive Plan after the completion of an evaluation and appraisal report.

(4)

Application review procedures. Applicable [See section 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in paragraph (d) below.

(5)

Public hearing scheduling and notice. Applicable [See section 65.23(e)].

(6)

Public hearing procedures. Applicable to general procedures and legislative public hearings [See section 65.23(f)].

(7)

Planning and Zoning Board review and recommendation. Applicable to a recommendation by the Planning and Zoning Board following a legislative public hearing [See section 65.23(g)]. The Planning and Zoning Board's recommendation shall be based on the review standards in paragraph (d) below.

(8)

City Council public hearing(s) and decision. Applicable [See section 65.23(h)]. Pursuant to F.S. § 163.3184, the following procedure for the State expedited review is applicable to comprehensive plan text amendments:

a.

City Council transmittal public hearing. City Council considers a transmittal resolution following a legislative public hearing.

b.

State agency review and comment. Applicable. The Planning Director shall cause the transmittal to required State agencies for the 30-day review and comment.

c.

City Council adoption public hearing and decision. Upon end of 30-day State agency review, the City Clerk shall schedule the application for a noticed public hearing. The City Council's decision shall be based on the review standards in paragraph (d) below.

(d)

Comprehensive Plan text amendment review standards. The advisability of amending the text of the Comprehensive Plan is a matter committed to the legislative discretion of the City Council and is not controlled by any one factor. In determining whether to adopt or deny the proposed text amendment, the City Council shall weigh the relevance of and consider whether and the extent to which the proposed amendment complies with:

(1)

Addresses a demonstrated community need and is consistent with the public interest;

(2)

Is required by changed conditions;

(3)

Is internally consistent with relevant objectives and policies of all elements of the comprehensive plan;

(4)

Based on sufficient data and analysis in a prepared study or report; and

(5)

Would result in a logical and orderly development pattern.

(e)

Expiration. Approval of a Comprehensive Plan text amendment shall not expire, but the amended text of the Comprehensive Plan is subject to further amendment in accordance with the Comprehensive Plan text amendment procedures set forth in this section.

(Ord. No. 2021-01, § 4, 2-16-2021)

(a)

Purpose. The purpose of this section is to provide a uniform means for amending the Future Land Use Map of the City's adopted Comprehensive Plan whenever the public necessity, convenience, general welfare, or appropriate land use practices justify or require doing so.

(b)

General. This section sets forth supplemental procedures, standards, and related information for Comprehensive Plan Future Land Use Map amendment applications reviewed under this Article, as listed in Table 65.1: Summary of Development Procedures. The following subsections states whether each of the steps in the standard procedure set forth in section 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

Comprehensive plan future land use map amendment procedure.

(1)

Pre-application meeting. Applicable [See section 65.23(a)].

(2)

Neighborhood workshop. Applicable [See section 65.23(b)]. The neighborhood workshop requirement shall not apply to City sponsored amendments to the Comprehensive Plan Future Land Use Map to bring annexed property under the provisions of the City's Comprehensive Plan or Land Development Regulations.

(3)

Application submittal and acceptance. Applicable [See section 65.23(c)]. Applications may be initiated by the City or any person who may submit applications in accordance with section 65.23(c)(1)a.

(4)

Application review procedures. Applicable [See section 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in paragraph (d) below.

(5)

Public hearing scheduling and notice. Applicable [See section 65.23(e)].

(6)

Public hearing procedures. Applicable to general procedures and legislative public hearings [See section 65.23(f)].

(7)

Planning and Zoning Board review and recommendation. Applicable to a recommendation by the Planning and Zoning Board following a legislative public hearing [See section 65.23(g)]. The Planning and Zoning Board's recommendation shall be based on the review standards in paragraph (d) below.

(8)

City Council public hearing(s) and decision. Applicable [See section 65.23(h)]. Pursuant to F.S. Ch. 163, the following procedure is applicable to Future Land Use Map amendments:

a.

Small-scale Future Land Use Map amendments. Pursuant to F.S. § 163.3187, Future Land Use Map amendments involving 50 acres or fewer of land, the following procedure for one adoption public hearing is applicable to Comprehensive Plan Future Land Use Map amendments:

1.

City Council adoption public hearing and decision. The City Council shall schedule a legislative public hearing for adoption of the ordinance proposing the amendment. The City Council's decision shall be based on the review standards in paragraph (d) below.

2.

State agency filing. Upon City Council approval, the Planning Director shall cause the transmittal of the approving ordinance and required documentation to the State planning agency.

b.

State expedited review (large-scale) Future Land Use Map amendments. Pursuant to F.S. § 163.3184, Future Land Use Map amendments involving more than 50 acres of land, the following procedure for two public hearings required for the State expedited review is applicable to Comprehensive Plan Future Land Use map amendments:

1.

City Council transmittal public hearing. City Council shall schedule a transmittal public hearing to consider a transmittal resolution following a legislative public hearing.

2.

State agency review and comment. The Planning Director shall cause the transmittal of the resolution with proposed adopting ordinance and required documentation to required State agencies for the 30-day review and comment.

3.

City Council adoption public hearing and decision. Upon end of 30-day State agency review, the City Clerk shall schedule the application for an adoption public hearing. The City Council's decision shall be based on the review standards in paragraph (d) below.

(d)

Comprehensive Plan Future Land Use Map amendment review standards. The advisability of amending the map of the Future Land Use Map contained in the Comprehensive Plan is a matter committed to the legislative discretion of the City Council and is not controlled by any one (1) factor. In determining whether to adopt or deny the proposed Future Land Use Map amendment, the City Council shall weigh the relevance of and consider whether and the extent to which the proposed amendment complies with Policy 1.17 of the Comprehensive Plan Land Use Element:

(1)

Addresses a demonstrated community need and is consistent with the public interest;

(2)

Consistency with the goals, objectives and policies of the Comprehensive Plan including any location considerations for specific future land use designations pursuant to Policies 1.1 through 1.13 in the Land Use Element;

(3)

Impact on public facilities and services;

(4)

Environmental impacts;

(5)

Compatibility with surrounding areas in terms of existing land use designations and uses; and

(6)

Other relevant issues.

(e)

Expiration. Approval of a Comprehensive Plan Future Land Use Map amendment shall not expire, but the amended Future Land Use Map of the Comprehensive Plan is subject to further amendment in accordance with the Comprehensive Plan Future Land Use Map amendment procedures set forth in this section.

(Ord. No. 2021-01, § 4, 2-16-2021; Ord. No. 2022-14, § 2, 5-3-2022)

(a)

Purpose. The purpose of this section is to provide a uniform means for amending the text of Part III, Land Development Regulations, of this Code whenever the public necessity, convenience, general welfare, Comprehensive Plan, or appropriate land use practices justify or require doing so.

(b)

General. This section sets forth supplemental procedures, standards, and related information for Land Development Regulation text amendment applications reviewed under this Article, as listed in Table 65.1: Summary of Development Procedures. The following subsections states whether each of the steps in the standard procedure set forth in section 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

Land development regulation text amendment procedure.

(1)

Pre-application meeting. Applicable [See section 65.23(a)].

(2)

Neighborhood workshop. Optional [See section 65.23(b)]. If the proposed Land Development Regulation text amendment is specific to or the Planning Director determines it will impact a specific neighborhood or business district in the City, a neighborhood workshop is recommended.

(3)

Application submittal and acceptance. Applicable [See section 65.23(c)]. Applications may be initiated by the City or any person who may submit applications in accordance with section 65.23(c)(1)a.

(4)

Application review procedures. Applicable [See section 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in paragraph (d) below.

(5)

Public hearing scheduling and notice. Applicable [See section 65.23(e)].

(6)

Public hearing procedures. Applicable to general procedures and legislative public hearings [See section 65.23(f)].

(7)

Planning and Zoning Board review and recommendation. Applicable to a recommendation by the Planning and Zoning Board following a legislative public hearing [See section 65.23(g)]. The Planning and Zoning Board's recommendation shall be based on the review standards in paragraph (d) below.

(8)

City Council public hearing and decision. Applicable to a final decision by the City Council following a legislative public hearing [See section 65.23(h)]. If the amendment proposes to revise the list of permitted principal uses in a zoning district, the City Council's decision shall follow two (2) legislative public hearings, one (1) of which shall be held after 5:00 p.m., unless City Council by a majority plus one vote, elects to conduct that hearing at another time of day. The City Council's decision shall be based on the review standards in paragraph (d) below.

(d)

Land Development Regulation text amendment review standards. The advisability of amending the text of this Code is a matter committed to the legislative discretion of the City Council and is not controlled by any one (1) factor. In determining whether to adopt or deny the proposed text amendment, the City Council shall weigh the relevance of and consider whether and the extent to which the proposed amendment:

(1)

Addresses a demonstrated community need and is consistent with the public interest;

(2)

Is consistent with relevant objectives and policies of all elements of the Comprehensive Plan;

(3)

Is consistent with the purpose and intent of the zoning districts in this Code, or would improve compatibility among uses and would ensure efficient development within the City; and

(4)

Would result in a logical and orderly development pattern.

(e)

Expiration. Approval of a Land Development Regulation text amendment shall not expire, but the amended text of this Code is subject to further amendment in accordance with the Land Development Regulation text amendment procedures set forth in this section.

(Ord. No. 2021-01, § 4, 2-16-2021; Ord. No. 2022-14, § 3, 5-3-2022)

(a)

Purpose. The purpose of this section is to provide a uniform means for reviewing and deciding proposed general amendments to the Official Zoning Map that are initiated by the City or involve several properties under multiple ownership whenever the public necessity, convenience, general welfare, Comprehensive Plan, or appropriate land use practices justify or require doing so.

(b)

General. This section sets forth supplemental procedures, standards, and related information for general Official Zoning Map amendment applications reviewed under this Code, as listed in Table 65.1: Summary of Development Procedures. The following subsections states whether each of the steps in the standard procedure set forth in section 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

General Official Zoning Map amendment procedure.

(1)

Pre-application meeting. Applicable [See section 65.23(a)].

(2)

Neighborhood workshop. Optional [See section 65.23(b)]. If the Planning Director determines the proposed general Official Zoning Map amendment may negatively impact a specific neighborhood or business district in the City, a neighborhood workshop is recommended.

(3)

Application submittal and acceptance. Applicable [See section 65.23(c)]. Applications may be initiated by the City or any person who may submit applications in accordance with section 65.23(c)(1)a.

(4)

Application review procedures. Applicable [See section 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in paragraph (d) below.

(5)

Public hearing scheduling and notice. Applicable [See section 65.23(e)].

(6)

Public hearing procedures. Applicable to general procedures and legislative public hearings [See section 65.23(f)].

(7)

Planning and Zoning Board review and recommendation. Applicable to a recommendation by the Planning and Zoning Board following a legislative public hearing [See section 65.23(g)]. The Planning and Zoning Board's recommendation shall be based on the review standards in paragraph (d) below.

(8)

City Council public hearing and decision. Applicable to a final decision by the City Council following legislative public hearing(s) [See section 65.23(h)]. If the Official Zoning Map amendment is initiated by the City and proposes to rezone more than ten (10) contiguous acres of land, the City Council's decision shall follow two legislative public hearings, one (1) of which shall be held after 5:00 p.m., unless City Council by a majority plus one vote, elects to conduct that hearing at another time of day. The City Council's decision shall be based on the review standards in paragraph (d) below and shall be one (1) of the following.

a.

Approval of the application as submitted;

b.

Approval of the application with a reduction in the area proposed to be rezoned;

c.

Approval of a rezoning to a zoning district limiting development to lower densities or intensities than the base zoning district proposed; or

d.

Denial of the application.

(d)

General Official Zoning Map amendment review standards. The advisability of a general amendment to the Official Zoning Map is a matter committed to the legislative discretion of the City Council and is not controlled by any one (1) factor. In determining whether to adopt or deny a proposed General Official Zoning Map Amendment, the City shall weigh the relevance of and consider whether and the extent to which the proposed amendment:

(1)

Addresses a demonstrated community need and is consistent with the public interest;

(2)

Is consistent with relevant objectives and policies of all elements of the Comprehensive Plan;

(3)

Is warranted by changed conditions to the property, the neighborhood, or the area in the vicinity of the property;

(4)

Is consistent with the purpose and intent of the zoning districts in this Code;

(5)

Would improve compatibility among uses and would ensure logical and orderly development patterns within the City; and

(6)

Would not result in significant adverse impacts on the natural environment—including, but not limited to, water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

(e)

Expiration. Approval of a general Official Zoning Map amendment shall not expire, but the amended Official Zoning Map is subject to further amendment in accordance with the general or site-specific Official Zoning Map amendment procedures set forth in this Article.

(Ord. No. 2021-01, § 4, 2-16-2021; Ord. No. 2022-14, § 4, 5-3-2022)

(a)

Purpose. The purpose of this section is to provide a uniform means for reviewing and deciding proposed site-specific amendments to the Official Zoning Map that are initiated by the property owner or the City, as the property owner, whenever the public necessity, convenience, general welfare, Comprehensive Plan, or appropriate land use or public facility practices justify or require doing so.

(b)

General. This section sets forth supplemental procedures, standards, and related information for site-specific Official Zoning Map amendment applications reviewed under this Code, as listed in Table 65.1: Summary of Development Procedures. The following subsections states whether each of the steps in the standard procedure set forth in section 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

Site-specific Official Zoning Map amendment procedure.

(1)

Pre-application meeting. Applicable [See section 65.23(a)].

(2)

Neighborhood workshop. Optional [See section 65.23(b)]. If the Planning Director determines the proposed site-specific official zoning map amendment may negatively impact a specific neighborhood or business district in the City, a neighborhood workshop is recommended.

(3)

Application submittal and acceptance. Applicable [See section 65.23(c)]. Applications may be initiated by the City, as property owner, or any person who may submit applications in accordance with section 65.23(c)(1)a.

(4)

Application review procedures. Applicable [See section 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in paragraph (d) below.

(5)

Public hearing scheduling and notice. Applicable [See section 65.23(e)].

(6)

Public hearing procedures. Applicable to general procedures and quasi-judicial public hearings [See section 65.23(f)].

(7)

Planning and Zoning Board review and recommendation. Applicable to a recommendation by the Planning and Zoning Board following a quasi-judicial public hearing [See section 65.23(g)]. The Planning and Zoning Board's recommendation shall be based on the review standards in paragraph (d) below.

(8)

City Council public hearing and decision. Applicable to a final decision by the City Council following quasi-judicial public hearing [See section 65.23(h)]. If the Official Zoning Map amendment is initiated by the City and proposes to rezone more than ten (10) contiguous acres of land, the City Council's decision shall follow two legislative public hearings, one (1) of which shall be held after 5:00 p.m., unless City Council by a majority plus one vote, elects to conduct that hearing at another time of day. The City Council's decision shall be based on the review standards in paragraph (d) below and shall be one (1) of the following.

a.

Approval of the application as submitted;

b.

Approval of the application with a reduction in the area proposed to be rezoned;

c.

Approval of a rezoning to a zoning district limiting development to lower densities or intensities than the zoning district proposed; or

d.

Denial of the application.

(d)

Site-specific Official Zoning Map amendment review standards. Site-specific amendments to the Official Zoning Map are a matter subject to quasi-judicial review by the City Council and constitute the implementation of the general land use policies established in this Code and the Comprehensive Plan. In determining whether to adopt or deny a proposed Site-Specific Official Zoning Map amendment, the City shall consider whether the applicant has provided, as part of the record of the public hearing on the application, competent substantial evidence that the proposed amendment:

(1)

Accomplishes a demonstrated community need and is consistent with the public interest;

(2)

Is consistent with relevant objectives and policies of all elements of the Comprehensive Plan;

(3)

Is warranted by changed conditions to the property, the neighborhood, or the area in the vicinity of the property;

(4)

Is consistent with the purpose and intent of the zoning districts in this Code;

(5)

Would improve compatibility among uses and would ensure logical and orderly development patterns within the City;

(6)

Would not adversely affect the property values in the area;

(7)

Would result in development that is adequately served by public facilities (roads, potable water, wastewater, solid waste, storm water, schools, parks, police, and fire and emergency medical facilities); and

(8)

Would not result in significant adverse impacts on the natural environment—including, but not limited to, water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

(e)

Expiration. Approval of a site-specific Official Zoning Map amendment shall not expire, but the amended Official Zoning Map is subject to further amendment in accordance with the general or site-specific Official Zoning Map amendment procedures set forth in this Article.

(Ord. No. 2021-01, § 4, 2-16-2021; Ord. No. 2022-14, § 5, 5-3-2022)

(a)

Purpose. Planned Development Zoning Districts are developments that are planned and developed under unified control and in accordance with flexible standards and procedures that are conducive to creating more mixed-use, pedestrian-oriented, and otherwise higher quality development, as well as community benefits and amenities, than could be achieved through standard zoning district regulations. The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to either the Planned Development (PD) Zoning District established in Chapter 62, Article XIV, Planned Development or the Master Plan Zone (MPZ) Zoning District established in Chapter 61, Article VI, Master Plan Zone.

(b)

General. This section sets forth supplemental procedures, standards, and related information for Planned Development Official Zoning Map amendment applications reviewed under this Article, as listed in Table 65.1: Summary of Development Procedures. The following subsections states whether each of the steps in the standard procedure set forth in section 65.23, Standard procedures, is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard procedures.

(c)

Planned Development Official Zoning Map amendment procedure.

(1)

Pre-application meeting. Applicable [See section 65.23(a)].

(2)

Neighborhood workshop. Applicable [See section 65.23(b)].

(3)

Application submittal and acceptance. Applicable [See section 65.23(c)]. Applications may be initiated by the City, as property owner, or any person who may submit applications in accordance with section 65.23(c)(1)a. and the additional information:

a.

Planned Development Official Zoning Map zoning application. A Planned Development Official Zoning Map application shall be submitted to the Planning and Development Department on a form prescribed by the Planning Director, and shall include the following:

1.

If the applicant is not the property owner then a letter of authorization from the property owner shall accompany the application.

2.

A recorded warranty deed (note: The name on the deed shall match the name of the owner indicated on the application).

3.

A statement by the applicant that addresses the reasons the City should consider approval of the Planned Development, the characteristics of the area that make the Planning Development suitable to the site, and the impacts the Planned Development will have on adjacent property.

4.

A Planned Development application with all required submittal material in subparagraph (b).

b.

Master Plan and agreement.

1.

A Master Plan, at a scale not greater than one inch = fifty (50) feet on 24-inch by 36-inch paper, that includes a minimum of the following information:

i.

The overall development plan showing the location of all proposed uses;

ii.

Development tracts and general types of development that is proposed for every development tract;

iii.

Principal road patterns;

iv.

The conceptual utility plan;

v.

Open spaces;

vi.

Recreation areas;

vii.

Proposed phasing sequence or schedule of development; and

viii.

Other information determined by the City to be necessary to ensure the proposed Planned Development and proposed Master Plan is consistent with the purpose and regulations included in this Code.

2.

Data for the overall project and for each phase that provides the following information:

i.

Gross land area;

ii.

The number of dwelling units;

iii.

The density;

iv.

The square feet of gross area by use;

v.

Open space areas;

vi.

Recreation areas and facilities.

3.

A description of all waivers from the current zoning requirements of the property that are necessary to construct the proposed development.

4.

A topographical survey of the property sealed and signed by a Florida registered surveyor that includes existing site conditions such as water bodies, wetlands, types of native vegetation coverage, existing drainage features, wells, buildings, easements, utilities, rights-of-way.

5.

A description of the proposed maintenance entity and program covering all common areas, facilities and improvements.

6.

A description of the restrictions, if any, to modifying, or constructing additions or accessory structures to residential units once they have been sold.

7.

A general storm water design and certification from a registered engineer that the storm water management plan will meet local, regional, state and/or federal storm water and flood protection criteria.

8.

Master Plan agreement in a form prescribed by the City Attorney.

(4)

Application review procedures. Applicable [See section 65.23(d)]. Planning Director causes a staff report on the application to be prepared, at a minimum, summarizes the application's consistency with the review standards in paragraph (d) below.

(5)

Public hearing scheduling and notice. Applicable [See section 65.23(e)].

(6)

Public hearing procedures. Applicable to general procedures and quasi-judicial public hearings [See section 65.23(f)].

(7)

Planning and Zoning Board review and recommendation. Applicable to a recommendation by the Planning and Zoning Board following a quasi-judicial public hearing [See section 65.23(g)]. The Planning and Zoning Board's recommendation shall be based on the review standards in paragraph (d) below.

(8)

City Council public hearing and decision. Applicable to a final decision by the City Council following quasi-judicial public hearing [See section 65.23(h)]. The City Council's decision shall be based on the review standards in paragraph (d) below and shall be one (1) of the following.

a.

Approval of the application subject to the Master Plan and agreement included in the application;

b.

Approval of the application subject to conditions related to the Master Plan and agreement; or

c.

Denial of the application.

(d)

Planned Development Official Zoning Map amendment review standards. Review of and the decision on a Planned Development Official Zoning Map amendment application shall be based on compliance of the proposed zoning reclassification and Master Plan and agreement with the review standards in section 65.28(d), Site-specific Official Zoning Map amendment review standards, and either the standards for the Planned Development Zoning District in section 62.605, Minimum performance and development standards or the standards for the MPZ zoning district in Chapter 61, Article VI, Master Plan Zone.

(e)

Recordation. The City shall, at the applicant's cost, record the adopting ordinance and the Master Plan and Agreement with the Indian River County Clerk of the Circuit Court.

(f)

Designation on Official Zoning Map. A Planned Development Zoning District shall be designated on the Official Zoning Map. Such designation shall include the ordinance number and adoption date, and note any amendments to the district.

(g)

Effect of approval. Lands rezoned to the Planned Development Zoning District shall be subject to the approved Master Plan and agreement. The Master Plan and agreement is binding on the land as an amendment to the Official Zoning Map. They shall be binding on the landowners and their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the Master Plan and Agreement. The applicant may apply for and obtain subsequent development permits, pursuant to Chapter 64, Article I, Development review, necessary to implement the Master Plan and agreement in accordance with the appropriate procedures and standards set forth in this Code. Any development permits shall be in substantial compliance with the Master Plan and agreement.

(h)

Lapse; extension. Except as provided below, approval of the classification of land to a Planned Development Zoning District does not lapse, but approval of the Master Plan and agreement shall automatically lapse if an application for a Site Plan (Major or Minor) for any part of the development described by the approved Master Plan and agreement is not submitted within two (2) years after approval of the Planned Development Zoning District, or any other expiration period approved as part of the Master Plan and agreement. If a Master Plan and agreement lapses, the owner of the Planned Development zoned land may apply to amend the Planned Development Zoning District classification to incorporate a new Master Plan and agreement (see section 65.29(j) below) or apply to reclassify the site to another zoning district. Alternatively, the City may administratively rezone the lands or any portion thereof, consistent with requirements of this Code.

(i)

Minor deviations. Subsequent applications for a development permit within an approved Planned Development Zoning District may include minor deviations from the Master Plan and agreement, without the need to amend the Master Plan and agreement, provided such deviations are limited to changes that the Planning Director determines:

(1)

Address technical considerations that could not reasonably be anticipated during the Planned Development Zoning District approval process;

(2)

Comply with applicable City Codes, rules, and regulations, without the need for a variance other than one expressly authorized by the Master Plan and agreement; and

(3)

Have no material effect on the character of the approved Planned Development Zoning District, the basic concept and terms of the Master Plan and agreement. These may include, but are not limited to, the following:

a.

Structural alterations that do not significantly affect the basic size, form, style, and appearance of principal structures;

b.

Minor changes in the location and configuration of streets and driveways that do not adversely affect vehicular access and circulation on or off the site of the change;

c.

Minor changes in the location or configuration of buildings, parking areas, landscaping, or other site features;

d.

Minor changes in the location and configuration of public infrastructure facilities that do not have a significant impact on the City's utility and stormwater management systems; and

e.

Increases of five (5) percent or less in the total number of parking spaces.

(j)

Amendment. An application to amend a Master Plan and agreement will be reviewed in accordance with the following procedures and standards:

(1)

Procedures. The procedures for review of the proposed amendment will be the same as the procedures set forth in section 65.28 for site-specific Official Zoning Map amendments, with the following additional requirements:

a.

Prior to submitting the application to amend to the City, the applicant must provide a notice of intent to amend to all property owners' association[s] or homeowners' association[s] having an ownership interest in property located within the Planned Development Zoning District. The notice will identify the Master Plan and agreement which the applicant seeks to amend, identify the lands within the Planned Development Zoning District that would be subject to the amendment, and include a copy of the proposed amendment. A copy of the notice will be included with the application to amend.

b.

The mailed notice for the neighborhood workshop and public hearings will be provided to the owners of all real property located within the Planned Development Zoning District.

c.

The property owners' association or homeowners' association for the Planned Development Zoning District is deemed to be an "affected party" with respect to all quasi-judicial hearings concerning the application to amend; and will have all rights afforded by law to affected parties, including the right to appear and be heard.

(2)

Standards. The application shall be reviewed in accordance with the review standards set forth in section 65.28 for site-specific Official Zoning Map amendments, and the additional review standards set forth in section 65.29(d) for review of Planned Development Zoning Districts.

(k)

Non-abrogation. Nothing herein will operate or be deemed to operate to abrogate the City's police power with regard to the lands within the Planned Development Zoning District, including the power, in accordance with law, to rezone all or a portion of such lands; or the power to grant variances, with respect to individual parcels within the Planned Development Zoning District.

(Ord. No. 2021-01, § 4, 2-16-2021)