The purpose of this Article is to guide the processing and granting of development review applications in a manner consistent with the City of Wilton Manors Comprehensive Plan, existing development, and in a manner which protects the public health, safety and welfare. The omission of a particular permit from this list shall not affect the necessity for obtaining such a permit where otherwise required by law. One or more of the following permits and approvals, also called development orders, are required for the use or development of land, as indicted:

(A)

Certificate of occupancy. Required prior to the occupation of any building, structure or part thereof for which a building permit is issued, and for changes of occupancy pursuant to the Florida Building Code. No new building or structure shall be used or occupied subsequent to construction, alteration or change of occupancy class as provided by the Florida Building Code unless and until a certificate of occupancy has been issued by the Department.

(B)

Building permit, site improvement permit. Generally required for development pertaining to buildings, structures and infrastructure. Building permits are required pursuant to the Florida Building Code. The building or site improvement permit and certificate of occupancy represent the last point in the development review process. All other approvals, permits and certificates required by this Article must be applied for and obtained before an application for such permits may be considered for approval by the City. Applications for building permits shall be consistent with all previous approvals, including but not limited to, the site plan, plat, and conditional use approvals. No development shall occur until and unless the Department has issued a building or site improvement permit for that development.

(C)

Certificate or determination of compliance. Required prior to issuance of a building permit or certificate of occupancy in the absence of a building permit, to ensure that every use and development of land complies with the standards of these regulations and the adopted Comprehensive Plan. It is anticipated that in most instances, determinations of compliance will be made simultaneously with review and approval of the application for development approval; however, there may be situations where a separate certificate is desirable. When desired, a compliance certificate constitutes an official statement that the proposed development or modification of existing development complies with these regulations and constitutes a basis for issuance of a building permit if no other development approval is required. Issuance of a compliance certificate shall not be construed to exempt the applicant from obtaining a Level of Service Determination.

(D)

Determination of level of service compliance. Required for all development or any change in use that is subject to the public facility concurrency requirements of F.S. Chapter 163, pertaining to impact on water, sewer, drainage, and recreation and open space infrastructure. In all cases where a concurrency determination is required, a determination of level of service compliance shall be obtained prior to issuance of a building permit or certificate of occupancy.

(E)

Site plan approval. Generally required for the development of land prior to issuance of the approvals identified in Subsections (A) through (D), above, and governed by Article 85, Site Plans.

(F)

Platting or plat note amendment. Generally required for the subdivision and development of land prior to site plan approval and governed by Article 90.

(G)

Approvals not generally required for the use of land. Unlike the permits and approvals required under Subsections (A) through (F), the following approvals are not generally required for the use or development of land, and are necessary only for the establishment of specific uses as required by the ULDR or for administrative relief from ULDR provisions as applied to a specific property:

(1)

map amendments to the Future Land Use Plan Map, and to the Official Zoning Map (rezonings), regulated by Article 100;

(2)

conditional use approval, regulated by Article 105;

(3)

temporary use approval, regulated by Article 110;

(4)

vacations of right-of-way, regulated by Article 115;

(5)

variances, regulated by Article 120;

(6)

appeal of any administrative decision or interpretation made pursuant to any of the provisions of the ULDR, regulated by Article 125.

(H)

Bond. Prior to the issuance of any building permit for:

1.

New construction of any commercial, industrial, duplex or multi-family property; or

2.

Redevelopment of any commercial, industrial, duplex, or multi-family property wherein the cost of construction exceeds fifty percent (50%) of the assessed value of said property, the property owner or authorized agent, subject to the limitations of Section 065-010(B)(3), shall submit an administrative fee of one hundred and no dollars ($100.00) along with a bond in the form of a cashier's check, letter of credit or construction bond, approved by the City Attorney's Office, in the amount of $1.00 per square foot of improvement, as determined by the Director of Community Services, not to exceed $250,000.00. Such bond shall be held and utilized by the City to clean and secure the property in the event that: (1) construction is not completed; (2) conditions on the property become a nuisance and such nuisance is not removed within five (5) days after notice is given to the property owner by mail and by posting on the property; or (3) the construction site creates a threat to public health, safety, or welfare. A determination as to whether the constriction site poses such a threat shall be at the sole administrative discretion of the Director of Community Services. After all charges and costs, as provided herein, have been paid, the balance, if any, of the cash bond, letter of credit or construction bond shall be returned to the permittee.

Notwithstanding anything contained herein to the contrary, the posting of a bond shall not in any way limit or impair any other legal or equitable right the City may have, such as, but not limited to nuisance actions, injunctions, and code enforcement.

(Ord. No. 951, § 2, 9-22-09)