The procedures contained in this division shall apply for all uses permitted as specified in individual zoning district regulations, except when the special exception provisions of division 3 of this article apply.

(Code 1988, § 24-186(a))

Under this division, the applicant shall submit an application for a development permit along with two copies of a preliminary development use site plan showing all the appropriate and applicable data requested in this article and other information as required by the director of planning.

(Code 1988, § 24-186(b))

The director of planning shall require the submission of a site plan showing the appropriate and applicable data and information set forth in this section when an applicant submits a request for a development application. The following data and information shall be shown on all site plans as appropriate and applicable to the type and nature of the project and land for which the site plan is being prepared. The site plan shall be drawn at a scale of 200 feet to one inch or larger and shall show the following:

(1)

Name of the project, if appropriate.

(2)

Names and addresses of the owner, adjacent property owners and, if appropriate, the contractor, planner, architect, engineer or surveyor.

(3)

Date, approximate north arrow and graphic scale.

(4)

Area of land within the project.

(5)

Boundary lines and dimensions.

(6)

Any existing or proposed easements and locations, widths and distances, if appropriate.

(7)

Streets on and adjacent to the project and their names and right-of-way widths.

(8)

Buildings, both existing and proposed.

(9)

Parking areas with arrangement and number of spaces.

(10)

Proposed access points to public streets.

(11)

Setback lines and separation strips.

(12)

The director of planning shall require the following when, because of the size and scale of the project, he deems it necessary:

a.

Name of the contractor, planner, architect, engineer or surveyor.

b.

Contours at an interval of not greater than five feet or at a lesser interval if deemed necessary by the city manager.

c.

Boundary lines and their bearings, lot lines and their dimensions.

d.

General land use activity areas.

e.

Utilities on or adjacent to the project showing proposed dimensions and connections to existing systems.

f.

Access roads, internal and external, and relationships to existing and proposed streets, alleys and other public ways.

g.

Permanent open spaces, recreation areas and landscape areas.

h.

Sites and their acreages, if any, to be reserved and dedicated for public parks, playgrounds, schools or other public uses.

(Code 1988, § 24-186(b)(1))

Under this division, all principal uses shall be subject to site plan review by the development review committee and the other city departments as designated by the city manager. This procedure requires submission of a development plan to the director of planning which sets forth specific land use, circulation and access, building arrangement and overall site layout. The city manager may require conditions such as performance standards, screening or landscaping as well as time limitations or other similar requirements. Specifically, the city is authorized to require, as a condition to granting site plan approval, provision for cross access corridors and joint use driveways pursuant to section 110-206 of this Code, regardless of whether the subject property qualifies as subdivision pursuant to section 110-1 of this Code.

(Code 1988, § 24-186(b)(2); Ord. No. 07-02, § II, 1-25-07)

Under this division, all uses shall be subject to the general regulations for structures and uses, lots and yards and vehicles contained in this chapter. Site plans less than or equal to 25,000 square feet shall require review and approval by the development review committee. Site plans greater than 25,000 square feet of land area shall also require city commission approval after development review committee review and approval. All site plans approved by the city staff or commission pursuant to this division shall expire and become null and void if the building or improvement or other matters authorized by the site plan approval have not received an approved building permit for the principal structure or building within 365 days of the date of the approval. The city engineer, if shown good cause, may extend the approval one time for a period not to exceed an additional 365 days. The extension request shall be filed with the city engineer in writing at least two weeks prior to the expiration of the initial 365-day approval period.

(Code 1988, § 24-186(b)(3); Ord. No. 07-55, § II, 10-25-07)

Under this division, no building permit for an approved use shall be issued until the applicant presents a valid construction permit from the state and presents a certificate signed by the director of planning stating that he has complied with the site plan review procedure and that the site plan has been approved.

(Code 1988, § 24-186(b)(4))

Special exception uses may be permitted in those zoning districts where designated by this chapter, but only when specifically approved by the planning and zoning board in accordance with this chapter. All special exception uses shall be subject to this division, unless otherwise stated in this chapter.

(Code 1988, § 24-187(a))

(a)

Any special exception use shall be permitted as specified in individual zoning district regulations, when such use is compatible to surrounding uses, will not create traffic hazards or parking problems, or does not deviate from the terms of this chapter. All special exceptions shall be subject to site plan review by the planning and zoning board. This procedure requires submission of a development plan which sets forth specific land use, circulation and access, building arrangement and overall site layout. The planning and zoning board may require conditions such as performance standards, screening or landscaping as well as time limitations or other similar requirements. Specifically, the planning and zoning board is authorized to require, as a condition of granting a special exception, provision for cross access corridors and joint use driveways pursuant to section 110-206 of this Code, regardless of whether the subject property qualifies as a subdivision pursuant to section 110-1 of this Code.

(b)

All special exception uses shall be subject to the following:

(1)

Uses. The premises of a special exception use shall be used for only those buildings and uses and accessory buildings and uses specifically indicated by the planning and zoning board in its approval of the special exception use.

(2)

Compatibility. The tract of land must be suitable for the type of special exception use proposed by virtue of its location, shape, topography and the nature of surrounding development.

(3)

Standards. Required standards and regulations for special exception uses and buildings are as follows:

a.

All special exception uses shall be subject to the general regulations for structures and uses, lots and yards and vehicles contained in this chapter for principal buildings and single lot development as well as the specific dimension and area regulations for lots and structures in the specific zoning district in which the special exception use is proposed, unless otherwise specifically indicated. Then the special exception use shall be subject to the indicated requirements.

b.

Minimum lot frontage on a street shall be sufficient to permit properly spaced and located access points designed to serve the type of special exception use proposed. Wider spacing between access points and intersecting street right-of-way lines shall be required when the lot has more than the minimum required frontage on a street. All access points shall be specifically approved by the planning and zoning board.

c.

All buildings shall be located an adequate distance from all property lines and street right-of-way lines. Greater building setback lines shall be required when the lot has more than the minimum lot area or when deemed necessary to protect surrounding properties.

d.

A separation strip of at least five feet shall be provided along all property lines, excluding rights-of-way. The planning and zoning board may increase the required separation strip if deemed necessary because of the nature and intensity of the use. The separation strip shall be developed as a buffer zone in accordance with the requirements of section 118-1299.

(4)

Site plan required. The planning and zoning board shall require the submission of a site plan showing the appropriate and applicable data and information set forth in this subsection when an applicant submits a request for a special exception use permit application. The following data and information shall be shown on all site plans as appropriate and applicable to the type and nature of the project and land for which the site plan is being prepared. The site plan shall be drawn at a scale of 200 feet to one inch or larger and shall show the following:

a.

Name of the project, if appropriate.

b.

Names and addresses of the owner, adjacent property owners, and, if appropriate, the contractor, planner, architect, engineer or surveyor.

c.

Date, approximate north arrow and graphic scale.

d.

Area of land within the project.

e.

Boundary lines and dimensions.

f.

Any existing or proposed easements and locations, widths and distances, if appropriate.

g.

Streets on and adjacent to the project and their names and right-of-way widths.

h.

Buildings, both existing and proposed.

i.

Parking areas with arrangement and number of spaces.

j.

Proposed access points to public streets.

k.

Setback lines and separation strips.

l.

The planning and zoning board shall require the following if, because of the size and scale of the project, such as a planned-unit-type development, the board deems it necessary:

1.

Name of the contractor, planner, architect, engineer or surveyor.

2.

Contours at an interval of not greater than five feet or at a lesser interval if deemed necessary by the planning and zoning board.

3.

Boundary lines and their bearings, lot lines and their dimensions.

4.

General land use activity areas.

5.

Utilities on or adjacent to the project showing proposed dimensions and connections to existing systems.

6.

Access roads, internal and external, and relationships to existing and proposed streets, alleys and other public ways.

7.

Permanent open spaces, recreation areas and landscape areas.

8.

Sites and their acreages, if any, to be reserved and dedicated for public parks, playgrounds, schools or other public uses.

(5)

Construction permit required. The administrative official shall not issue a zoning permit for an approved special exception use until the applicant presents a valid construction permit from the state department of health as required.

(Code 1988, § 24-187(b); Ord. No. 07-02, § III, 1-25-07)

Other special exception uses may be approved in only those zoning districts where they are designated as special exception uses under this chapter.

(Code 1988, § 24-188)

In applying for a special exception use permit, other than a planned development project, the applicant shall submit an application for a special exception use permit signed by the property owner, along with two copies of a preliminary special exception use site plan showing all of the appropriate and applicable data and information required in sections 118-96 and 118-97 to the city manager. All fees for special exception permits shall be established in chapter 88 of this Code.

(Code 1988, § 24-190; Ord. No. 97-01, § I, 3-13-97; Ord. No. 98-03, § V, 2-12-98)

Upon receipt of the special exception use permit application as provided in section 118-99, the director of planning shall fix a reasonable time for the planning and zoning board hearing of the application, giving public notice thereof, as well as due notice to the parties in interest. Any party may appear in person or by agent or by attorney at the hearing. The planning and zoning board, after receiving a written recommendation from the city manager and after holding a hearing, shall approve, disapprove, or approve subject to modifications or conditions the special exception use permit application and accompanying preliminary plat. If the planning and zoning board approves the application, it may attach any necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature to ensure that there shall be no departure from the intent of this chapter. The planning and zoning board shall especially consider the effect of the special exception use on surrounding uses in determining whether a special exception use shall be approved, modified or disapproved. If the special exception use permit and accompanying preliminary plat is approved, the planning and zoning board shall express its approval as conditional approval and shall state the conditions of such approval, if any, or, if disapproved, shall express its disapproval and its reasons therefor. If an application is disapproved, reasons for such disapproval shall be stated in writing on the records of the planning and zoning board, and a statement in writing of such grounds of disapproval shall be furnished to the applicant or his agent. If approved subject to modifications or conditions, the nature of the required modifications or conditions shall also be indicated in writing on the records of the planning and zoning board and furnished to the applicant or his agent.

(Code 1988, § 24-191; Ord. No. 97-01, § I, 3-13-97)

Under this division, the director of planning shall fix the date for the hearing of a special exception use permit application and shall cause a notice of the time, place and purpose of such hearing to be published at least one time in a newspaper of general circulation in the area at least five days prior to the hearing. In addition, the director of planning shall mail similar notices setting forth the time, place and purposes of the hearing to the parties in interest. The director of planning shall also mail such notices to the owners of every parcel of land within a distance of 300 feet in any direction from the property line of the land in question. Such notices shall be mailed to the owner's current address of record maintained by the assessor of taxes for the city commission and shall be postmarked no later than five days prior to the scheduled hearing date. The director of planning shall present an affidavit certifying that he has complied with the notice requirements of this section, along with a list of the persons and addresses to which notices were mailed, at the time of the hearing of the special exception use permit application. The applicant for a special exception use permit shall pay all costs and expenses in connection with public notice of such hearings and related notices in accordance with this chapter, in addition to the fees required for planning and zoning board review and administration.

(Code 1988, § 24-192; Ord. No. 97-01, § I, 3-13-97)

Any special exception granted by the planning and zoning board under this division shall expire 365 days after the effective date of such action unless the provisions of the special exception are adhered to within such 365-day period. However, upon application, the planning and zoning board may renew such special exception for one additional period of 365 days, provided good cause is shown, and the application for extension shall be filed with the planning and zoning board at least two weeks prior to the expiration of the 365-day period.

(Code 1988, § 24-193; Ord. No. 97-01, § I, 3-13-97; Ord. No. 05-45, § 3, 10-13-05)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City staff means the city manager, city planning and zoning director, city public works director, city finance director, chief of police, fire chief, utilities director, city clerk, parks and recreation director and their designees.

Development has the meaning given it in F.S. § 380.04.

Land development regulations means resolutions, ordinances and matters approved by the city commission and provisions in this Code that regulate any aspect of development, including but not limited to zoning, rezoning, subdivision, building construction, sign regulations and other provisions controlling the development of land.

Practical difficulty means use of all or a portion of the property at issue cannot occur with reasonable physical accommodation that is economically reasonable.

Unnecessary hardship means a practical difficulty which exists due to an unintended effect of the land development regulation.

Use variance means an exception to the uses permitted in a particular zoning district by right, special exception or conditional use.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

Cross reference— Definitions generally, § 1-2.

Under this division, the planning and zoning board shall have the authority to consider, deny, grant, and grant with conditions variances for all land development regulations that do not expressly prohibit variances.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

(a)

The purpose of this division is to provide relief from certain requirements of the land development regulations when the strict administration of such regulations thwart an important need and the reasonable use of the property for which a variance is sought.

(b)

Use variances are not permitted.

(c)

All variance requests from the requirements in article II of chapter 90, pertaining to flood protection, must follow the variance procedures established in article II of chapter 90.

(d)

All variances run with the land.

(e)

All variance requests to the requirements of the Florida Americans with Disabilities Accessibility Implementation Act must be proceeded through the procedures required under such act.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

Variances are required if development of property inconsistent with the land development regulations is to occur.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

Under this division, the following shall be submitted for a variance:

(1)

Completion of the appropriate forms;

(2)

Site plan;

(3)

Reasons identifying why a variance is warranted (Note: The burden of proof is the obligation of the applicant. Justification for compliance with the criteria for a variance must be fully documented and proven by the applicant. Each variance must stand on it's own merits. Past variance approvals will not be grounds for approval of future variances.); and

(4)

Payment of the application fee.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

A variance may be granted from land development regulations by the planning and zoning board if the planning and zoning board concludes that literal enforcement of the provisions of land development regulations would result in either practical difficulties (for setback and parking provisions) or unnecessary hardships (for all other land development regulations) for the property at issue. In order for a variance to be granted, the planning and zoning board must also find that, by granting the variance, the remaining regulations will protect the public safety and welfare of the city. The planning and zoning board may reach these conclusions if it finds that:

(1)

Granting the variance will not cause or allow interference with the reasonable enjoyment of adjacent or nearby property owners or negatively impact the standard of living of the citizens of the city;

(2)

The variance will allow a reasonable use of the property, which use is not out of character with other properties in the same zoning category;

(3)

In the context presented, strict compliance with the land development regulation will not further any legitimate city objective or the benefits that would be achieved under the other variance criteria by the granting of the variance outweigh the benefits under this criteria if the variance were denied;

(4)

The granting of the variance is consistent with the city's comprehensive plan; and

(5)

The variance requested is the minimum variance that will make reasonable use of the land, building, or structure or the benefits that would be achieved under the other variance criteria by the granting of the variance outweigh the benefits under this criteria if the variance were denied.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

Under this division, variances shall be:

(1)

Reviewed by city staff; and

(2)

Approved, denied, or approved with conditions by the planning and zoning board after one public hearing.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

(a)

Mailed notices. For the purpose of this division, the director of planning and zoning shall notify all property owners within 300 feet of the variance site via regular mail. These notices must:

(1)

Identify the time and place of all public hearings on the petition;

(2)

Identify the general location and purpose of the variance site and land development regulation for which a variance is sought;

(3)

Identify the time and place of all public hearings pertaining to the variance; and

(4)

Be postmarked at least five days prior to the planning and zoning board public hearing.

(b)

Newspaper advertising. A newspaper advertisement will be placed in a local paper by the director of planning and zoning. This advertisement must:

(1)

Appear once at least five days prior to the planning and zoning board public hearing, noticing the time and place of the public hearing; and

(2)

Identify the general location of the variance site and include the purpose of the variance and the land development regulation for which the variance is sought.

(c)

Sign cards. One on-site sign card shall be posted by the director of planning and zoning. This sign card must:

(1)

Notice the time and place of the required public hearings;

(2)

Identify the purpose of the variance and the land development regulation for which the variance is sought; and

(3)

Be posted at least five days prior to the planning and zoning board public hearing.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

All variances approved by the planning and zoning board pursuant to this division shall expire and become null and void if the building or improvement or other matters authorized by the variance are not commenced within 365 days from the date of the planning and zoning board's approval. One 365-day extension of the variance may be granted by the planning and zoning board prior to the expiration of the first 365 days.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97; Ord. No. 50-45, § 2, 10-13-05)

Under this division, review fees shall be $75.00 for a variance for a single-family residential development, and $150.00 for all other variance requests.

(Code 1988, § 24-194; Ord. No. 97-27, § I, 7-24-97)

In exercising its powers, the planning and zoning board may, upon appeal and in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by the administrative official in the enforcement of this chapter and may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the administrative official from whom the appeal is taken. The concurring vote of at least three members of the planning and zoning board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the planning and zoning board is required to pass under this chapter.

(Code 1988, § 24-195)

Under this chapter, appeals to the planning and zoning board may be taken by any person aggrieved or by any officer, bureau, department or agency of the governing body affected by any decision of the administrative official under this chapter. Such appeal shall be taken within 30 days after rendition of the order, requirement, decision or determination appealed from by filing with the administrative official from whom the appeal is taken and with the planning and zoning board a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the planning and zoning board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the planning and zoning board all the documents, plats, papers or other materials constituting the record upon which the action appealed from was taken. An appeal to the planning and zoning board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken shall certify to the planning and zoning board that, because of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order, which may be granted by the planning and zoning board or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown. The planning and zoning board shall charge a fee of $25.00 for reviewing all appeals for dimensional variances except when such fee is specifically exempted by this chapter.

(Code 1988, § 24-196(1))

Under this division, the director of planning shall fix a reasonable time for the hearing of the appeal and shall give public notice thereof, as well as due notice to the parties in interest. The planning and zoning board shall decide the appeal within a reasonable time. During the hearing any party may appear in person or by agent or by attorney.

(Code 1988, § 24-196(2); Ord. No. 97-01, § I, 3-13-97)

Under this division, the director of planning shall fix the date for the hearing of an appeal and shall cause a notice of the time, place and purpose of such hearing to be published at least one time in a newspaper of general circulation in the area at least five days prior to the hearing. In addition, the director of planning shall mail similar notices setting forth the time, place and purpose of the hearing to the parties in interest. If the hearing involves an appeal based on a specific parcel of land, the director of planning shall also mail such notices to the owners of every parcel of land within a distance of 300 feet in any direction from the property line of the land in question. Such notices shall be mailed to the owner's current address of record maintained by the assessor of taxes for the city commission and shall be postmarked no later than five days prior to the scheduled hearing date. The director of planning shall present an affidavit certifying that he has complied with the notice requirements of this division, along with a list of the persons and addresses to which notices were mailed, at the time of the hearing of the appeal.

(Code 1988, § 24-196(3); Ord. No. 97-01, § I, 3-13-97)

When an applicant shall file an application requesting a special exception use permit, including planned development projects, or an appeal for a dimensional variance or administrative interpretation or decision of this chapter, he shall pay all costs and expenses in connection with public notice of such hearings and related notices as required by this chapter in addition to the fees required for planning and zoning board review and administration. An estimate of the cost of the publication of public notice of such hearings and related notices as required by this chapter shall be made by the administrative official, and the applicant shall deposit with the administrative official the estimated amount of cost before the application will be filed. A receipt showing payment to the city commission in the amount of the estimated cost shall be attached to the application. If the actual cost of the items shall be less than the deposit, the remaining balance shall be refunded to the applicant. The requirements of this section shall not be deemed or construed as applying to any hearing held by the planning and zoning board on its own motion or volition in connection with this chapter.

(Code 1988, § 24-197)

Under this division, appeals from the planning and zoning board's decisions shall be in accordance with section 98-31.

(Code 1988, § 24-198)