A pre-application conference will be held, if requested, for any land development proposal submitted to the City for approval. The planning department will conduct pre-application conferences as needed and, at their discretion, will summon various members of City staff and other persons whose expertise is relevant to a particular project.

(Ord. No. O-00-09, Art. 7 (7.01.00), 4-24-00)

An amendment to the comprehensive plan may either be a text amendment, that is a change to the goals, objectives and policies of the comprehensive plan; or, a map amendment that changes a land use classification shown on the future land use map. An amendment may also be a major amendment or a small scale amendment. A plan amendment may be initiated by the City, by a property owner or agent of a property owner, or by citizens or interested parties who have established standing to bring amendments to the City for consideration.

The basis for review of a proposed plan amendment is the same as the basis for the adoption of the comprehensive plan, which entails a review of data and analysis in support of the plan amendment: analysis of the amendment on public facility levels of service and the capital improvements budget of the City; and an analysis of the need for the proposed amendment in relation to the existing structure of the City and the future as delineated in the goals, objectives and policies of the comprehensive plan.

(Ord. No. O-00-09, Art. 7 (7.02.01), 4-24-00)

All requests for plan amendments shall be submitted in writing in the form of an application to the planning department, together with all required attachments and the applicable fee. The application shall contain the following items, as applicable:

(1)

Owner's name, address, phone number; agent/applicants name, address and phone number; proof of ownership.

(2)

Whether the amendment is a map change or a text change with an explanation and/or description of the amendment.

(3)

A location map with the parcel marked.

(4)

If the proposed amendment is a map amendment, provide a map or drawing showing the site and the adopted land use designation; proposed land use designation; size of site in acres; maximum allowable density currently; and the maximum allowable density for proposed designation.

(5)

The location of existing sewer and potable water facilities to the development site.

(Ord. No. O-00-09, Art. 7 (7.02.02), 4-24-00)

No plan amendment may be considered by the planning commission until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing shall be as delineated in Article VIII, section 21-491 of this Code.

(Ord. No. O-00-09, Art. 7 (7.02.03), 4-24-00)

The planning commission shall recommend approval of an application for a plan amendment if all of the following conditions are met.

(a)

The proposed plan amendment is, or proposes objectives and policies, that will be consistent with the City of Winter Haven Comprehensive Plan;

(b)

The proposed plan amendment will not degrade the level of service of one (1) or more public facilities and services, or contains commitments to make improvements to maintain levels of service established by the comprehensive plan; and

(c)

There is a community need for the proposed plan amendment. This finding must be based on an analysis of existing and proposed land uses of a similar nature in the City, and an assessment of the need to provide or maintain a proper mix of land uses both within the City of Winter Haven and also in the immediate area of Polk County.

(Ord. No. O-00-09, Art. 7 (7.02.04), 4-24-00)

Following planning commission recommendation, the City Commission shall hold a public hearing, after due public notice, on all recommendations associated with a plan amendment from the planning commission. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of a plan amendment shall be granted unless approved by a majority of the commissioners voting.

Large scale plan amendments are subject to review by the DCA under Chapter 163, F.S. The City commission therefore, does not act to "adopt" a plan amendment, but rather to "transmit the plan amendment for review." For guidance in the submission of amendments for review by the State, see Article VIII, Div. 7 of this chapter. In the case of a small scale plan amendment, the City Commission adopts the amendment, transmits it to DCA and may, with a companion ordinance, proceed concurrently to rezone the property. Small scale amendment criteria is contained in section 21-506 of this Code.

(Ord. No. O-00-09, Art. 7 (7.02.05), 4-24-00)

A rezoning may be initiated by the City or by a property owner or agent of a property owner. The basis for review of application for rezoning entails a review of data and analysis in support of the rezoning; analysis of the impact of the rezoning on public facilities levels of service; and an analysis of the need for the proposed rezoning in relation to the goals, objectives and policies of the comprehensive plan.

(Ord. No. O-00-09, Art. 7 (7.03.01), 4-24-00)

Rezoning requests shall be submitted to the planning department on an application form provided by the City, together with applicable fees, which shall have been established by resolution of the City commission. The application shall contain, at a minimum, the following information:

(1)

The property owner's name, address and telephone number; the designated project applicant or representative if other than property owner; and proof of ownership.

(2)

A legal description of the property, including the size of the area in acres.

(3)

The future land use classification; and a description of the proposed use of the property.

(4)

A location map with the parcel marked.

(5)

The location of existing sewer service and potable water facilities to the development site.

(6)

Identify whether the property is vacant, or if and for how long the use has been discontinued.

(Ord. No. O-00-09, Art. 3 (7.03.02), 4-24-00)

No request for rezoning may be considered by the Planning Commission until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing must be followed as delineated in Article VII, Section 21-491 of this Code.

(1)

Special procedures. A rezoning application that presents facts and circumstances controlled by Snyder v. Board of County Commissioners [Florida Supreme Court] shall be subject to the procedural standards established therein.

(Ord. No. O-00-09, Art. 3 (7.03.03), 4-24-00)

The Planning Commission shall recommend approval of an application for a rezoning when all of the following conditions are met.

(a)

The proposed rezoning is consistent with the City of Winter Haven Comprehensive Plan;

(b)

The proposed rezoning will not degrade the level of service of one (1) or more public facilities and services, or contains commitments to make improvements to maintain levels of service established by the Comprehensive Plan, and

(c)

The proposed rezoning and all permitted uses are compatible with development on surrounding property; or compatibility can be achieved by the imposition of conditions, buffers or limitations on the uses within the zone, which are specified in the Planning Commission's recommendation.

(Ord. No. O-00-09, Art. 3 (7.03.04), 4-24-00)

(a)

Following Planning Commission recommendation, the City Commission shall hold a public hearing, after due public notice, on all recommendations associated with a rezoning from the Planning Commission. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of an application for rezoning shall be granted unless approved by a majority of the commissioners voting.

(b)

No change or amendment, relating to the boundaries of the various zoning districts and the regulations applicable thereto, shall be made by the City Commission unless the proposal or request for such change has been considered by the Planning Commission and the City Commission has received a recommendation thereon.

(c)

Whenever the Planning Commission has taken action to recommend denial of a petition for rezoning of property, the Planning Commission shall not consider any further petition for the same zoning district for any part of the same property for a period of six (6) months from the date of such action.

(Ord. No. O-00-09, Art. 7 (7.03.05), 4-24-00)

The Planned Unit Development (PUD) district is established to provide for well-planned and orderly development in the City of Winter Haven. The district is intended to promote design innovation and variety, improved amenities, and compatibility with adjacent and nearby development.

PUD zoning is also intended to facilitate flexibility in the development and use of land and other resources in compliance with the City of Winter Haven Comprehensive Plan. Accordingly, the PUD district provides the means by which to vary from the uniform requirements of other districts in order to respond to special circumstances and site characteristics.

(Ord. No. O-00-09, Art. 7 (7.04.01), 4-24-00; Ord. No. O-05-76, § 1, 9-26-05)

The development of land uses within a PUD shall be consistent with the pattern of land use designations established on the Future Land Use Map found in the Comprehensive Plan. Where there are conflicts between these PUD provisions, and other regulations in this Code, these regulations shall apply.

(Ord. No. O-00-09, Art. 7 (7.04.02), 4-24-00; Ord. No. O-05-76, § 1, 9-26-05)

(a)

All land included for the purpose of development within a PUD shall be owned or under the control of the applicant, whether that applicant is an individual, partnership or corporation, or a group of individuals, partnerships or corporations.

(b)

Lot area, setbacks or common areas, height, density/intensity, and other development regulations applicable to individual lots within a PUD shall be established by the governing ordinance.

(c)

Any accessory use, building, or structure permitted in any other district of this Code shall be permitted as an accessory use, building, or structure in a PUD, unless otherwise indicated by the governing ordinance for the Planned Development.

(d)

The general intention of a PUD is to provide for a unique/innovative development design. Unique and innovative design techniques shall be discussed between the applicant and staff at the pre-application meeting. Applicants shall use at least one (1) unique/innovative design technique within their development. Examples of unique/innovative design techniques may include, but not limited, to the following: clustered lot layout, boulevard/landscaped entrances and streets, recreational facilities, natural resource/lakefront preservation, multiple vehicle and pedestrian connections to adjoining developments, various housing types, and mixed uses where permitted by the Comprehensive Plan.

(Ord. No. O-00-09, Art. 7 (7.04.03), 4-24-00; Ord. No. O-05-76, § 1, 9-26-05)

(a)

All requests for a PUD shall first require a pre-application meeting with staff from the Planning Division prior to submittal of the application for review. In addition to planning staff, staff from other City departments may participate in such meetings as needed. The purpose of such meetings is to provide applicants with information to assist in the preparation of a PUD zoning petition which conforms to the requirements of this Code.

(b)

Applications for a PUD shall include the following information:

(1)

Evidence of unified control by the developer of the entire Planned Unit Development site;

(2)

Agreements, contracts, covenants, deed restrictions, and other instruments which bind the controlling entity and all existing and successive holders of title of the subject property to full compliance with the enacted ordinance;

(3)

A map showing dimensioned boundaries of the subject parcel or parcels, all existing streets, buildings, watercourses, wetlands, and other relevant existing physical features in and adjoining the project;

(4)

A concept plan showing the location and arrangement of all proposed land uses, including the number of acres in each land use, residential densities, and density and intensity factors for nonresidential development (i.e., commercial or industrial centers, hotel/motel, mixed use, etc.);

(5)

A statement by the applicant including, but not limited to, projected population, proposed timing and phases of development, proposed ownership and forms of organization to maintain common open space and facilities;

(6)

The location and size of thoroughfares and other vehicular and pedestrian circulation facilities serving or to be located in the Planned Unit Development;

(7)

The location and size of main sewer, water, electrical, and other utility lines to serve the site;

(8)

Legal description of the subject parcel or parcels along with the total acreage of each parcel;

(9)

Time schedule for completion of the Planned Unit Development as a single development operation or in a programmed series of development phases;

(10)

Any additional development details or other documentation as may be deemed necessary by the City to determine compliance with all requirements of this Code. Such additional development details may include property surveys, subdivision plats or construction plans, utility plans, site plans, building elevations, and building floor plans.

(c)

All requests for a PUD shall be approved as an ordinance by the City Commission following a public hearing by the Planning Commission. The procedures and guidelines for a public hearing are contained in Article VIII of this chapter. The approved ordinance shall govern all development activities within the PUD.

Following approval by the City Commission, the Planned Unit Development shall be designated on the official zoning map as "PD" along with the governing ordinance number.

(Ord. No. O-00-09, Art. 7 (7.04.04), 4-24-00; Ord. No. O-05-76, § 1, 9-26-05)

Approval of a PUD shall constitute a rezoning of the subject property and an amendment to the official zoning map. Any and all development of the approved PUD shall be in strict conformance with the ordinance approved by the City Commission. The Planned Unit Development (PUD) zoning shall remain in effect until the property is rezoned by the City Commission or unless otherwise indicated by the governing ordinance.

(Ord. No. O-00-09, Art. 7 (7.04.10), 4-24-00; Ord. No. O-05-76, § 1, 9-26-05)

In the event an applicant, developer, or owner deviates from requirements contained in an approved PUD ordinance, he or she shall submit an amended plan, which shall be processed in the same manner as the original PUD.

(Ord. No. O-00-09, Art. 7(7.04.11), 4-24-00; Ord. No. O-05-76, § 1, 9-26-05)

Section 177.031 of the Florida Statutes defines "subdivision "to mean the division of land into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22)

(a)

Chapter 177 of the Florida Statutes establishes consistent minimum requirements and creates such additional powers in local governing bodies to regulate and control the platting of lands; and therefore, Chapter 177 of the Florida Statutes establishes minimum requirements and does not exclude additional provisions or regulations by local ordinance, laws, or regulations.

(b)

The purposes of these subdivision regulations are to further the provisions of State legislation that regulates and requires the platting of land for development, to further the goals and policies of the Winter Haven Comprehensive Plan, and to set forth a process for approval of the subdivision of land within the jurisdiction of the City. The provisions of this chapter shall be held to be minimum requirements. It is therefore essential to the promotion of the public health, safety and welfare that the development of subdivisions be conceived, designed and constructed in accordance with the proper minimum standards.

(c)

The rules and regulations contained in this chapter are adopted as the City's subdivision code to guide and coordinate subdivision development within the City. Where provisions for subdividing land are either more restrictive or less restrictive than other land developments codes, resolutions or rules adopted by the City, those provisions which are more restrictive and impose higher standards or requirements shall govern.

(d)

A condominium, as defined by Florida law, meeting the definition of a subdivision as defined herein shall be regulated under the provisions of this Code.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22)

To provide opportunities for small, infill redevelopment within the City, subdivisions resulting in five (5) or fewer lots may be platted as a small-scale subdivision.

(a)

Minimum requirements. To qualify as a small-scale subdivision, all the following criteria shall apply:

(1)

The small-scale subdivision does not create a lot, or lots, that do not meet applicable zoning district standards for width, depth, and area.

(2)

Each lot within the small-scale subdivision has the minimum required frontage on a paved public road and no new public streets and/or roads are needed to serve any proposed lot.

(3)

Public water and wastewater lines, meeting current City standards, are available to the small-scale subdivision and no extensions and/or upgraded infrastructure are needed to serve any lot within the small-scale subdivision. Certification shall be provided by a professional engineer registered in the State of Florida.

(4)

A small-scale subdivision shall connect to the City's water and wastewater lines. The applicant's proposed use of individual sewage treatment systems (septic tank system) shall preclude a development from review as a small-scale subdivision.

(5)

No onsite or off-site drainage infrastructure, except driveway culverts, is required to serve any proposed lot within the small-scale subdivision. Certification shall be provided by a professional engineer registered in the State of Florida.

(b)

Submittal of final plat for a small-scale subdivision. Upon the written confirmation by both the Economic Opportunity and Community Investment Director and City Engineer that the proposed development satisfies the minimum requirements set forth in subsection (a) and qualifies as a small-scale subdivision, the developer may present a final plat for approval to the City Commission. The final plat may be approved if it meets all requirements as set forth by F.S. Ch. 177, and the following requirements:

(1)

Submission of final plat.

a.

An application for final plat approval shall be submitted with an appropriate fee established by the City and with accompanying documents as specified herein to the Economic Opportunity and Community Investment Department Director. The Economic Opportunity and Community Investment Department Director shall forward copies of the final plat to the City Engineer, City Attorney, and a surveyor licensed by the State of Florida under the City's employ and/or contract for their review and comments. Upon approval of the final plat by City staff, the Economic Opportunity and Community Investment Department Director shall place the application(s) on the agenda of the City Commission for final review and approval.

b.

Required documents. One (1) electronic copy of the following documents shall be submitted for review of the final plat:

1.

Final plat conforming with the requirements as set forth in F.S. Ch. 177, and including, but not limited to, the following items:

a.

Dedications and reservations executed by the developer;

b.

Acknowledgement and joinder for any party accepting a dedication and/or reservation;

c.

Certification by a registered land surveyor;

d.

Statements of endorsement to be signed by the City Engineer, Economic Opportunity and Community Investment Department Director, City's reviewing surveyor, Mayor, and City Clerk.

The preferred scale of the final plat is one (1) inch equals one hundred (100) feet.

2.

Boundary survey of the lands contained within the subdivision.

3.

An Autocad file (.dwg) of the final plat and boundary survey.

4.

Pursuant to Section 177.041, Florida Statutes (2021), a title opinion or property information report. For purposes of this section, the title opinion or property information report shall be updated within three (3) months of final plat approval and certified no earlier than thirty (30) days prior to the date on which the application is submitted.

5.

Documentation establishing, if applicable, that a homeowners association or property owner's association is legally formed and active for the small-scale subdivision.

6.

Copy of any proposed and/or recorded restrictive deeds and covenants for the small-scale subdivision.

(2)

Review and recording.

a.

The City Commission shall take action to accept or reject the final plat. The City Commission may add reasonable conditions to its approval of a final plat, but if it determines that the developer must make changes to the plat, including changes to exactions or to restrictions on the face of the plat, then it shall be remanded to the City Attorney to review such changes. Approval of the final plat and acceptance of public improvements and dedications shall be by resolution and shall authorize the Mayor and City Clerk to sign the copy of the final plat to be recorded.

b.

Upon approval by the City Commission, three (3) mylars of the final plat shall be filed and recorded with the Clerk of the Circuit Court for Polk County. The City Clerk shall be responsible for recording the final plat and for returning one (1) reproducible copy of the recorded plat to the City Engineer.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22)

(a)

Any subdivision resulting in more than five (5) lots, parcels, or tracts, or any subdivision dedicating public rights-of-way, shall be deemed a large-scale subdivision. Large-scale subdivision approval procedures are set forth herein as a four-step process:

Step One: Site plan review and approval;

Step Two: Preliminary plat approval;

Step Three: Infrastructure construction; and

Step Four: Final plat approval.

Step Two, Preliminary plat, of this process may be optional if homes are not constructed on more than ten (10) percent of the proposed building lots prior to final plat approval.

(b)

This process is intended to permit comprehensive review by the City and to benefit the developer by identifying potential problems and their solutions at appropriate times during the review and approval process. As with all stages of the development approval process, it is the responsibility of the developer to check all State and local regulations governing the subdivision of land and to adhere strictly to the procedures therein.

(c)

Where the City Commission finds that extraordinary hardships may result from the strict application of the planning and engineering standards set forth in article III of these regulations, the City Commission may consider conditions that are recommended by the City Manager and that the City Commission determines are necessary to ensure that substantial justice is done and the public interest is upheld. Provided however, the effect of the conditions shall not be to nullify the applicable provisions of this Code and/or the policies established by the comprehensive plan of the City.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22; Ord. No. O-24-33, § 3 (Exh. C), 9-23-24)

(a)

Generally. Any subdivision involving phased or staged development shall be identified in written and graphic form in the application for site plan review and shall designate, for information purposes only, all construction phases and the proposed development schedule.

(b)

Independent operation. All construction phases in a development shall be construed to be capable of independent operation or in conjunction with other constructed phases with respect to drainage, vehicular circulation, utilities, infrastructure and other public improvements and services.

(c)

The purpose and intent of the site plan is to safeguard the developer and City from any unnecessary loss of time and expense(s) involved in having engineering drawings prepared which do not conform to the minimum standards set forth herein. The site plan, therefore, will serve to demonstrate consistency with the City's comprehensive plan and compliance with the City's minimum subdivision standards. The site plan does not imply approval of the construction drawings or final plat.

(d)

The developer shall submit a fully engineered site plan to the Economic Opportunity and Community Investment Director. The Economic Opportunity and Community Investment Department Director or designee shall review the site plan as to its consistency with the City's comprehensive plan and conformance with the City's zoning regulations and other applicable land development regulations. The site plan shall show, at minimum, the proposed use; lot and street layout ; lot sizes; subdivision boundaries; all infrastructure which includes, but is not limited to, water, wastewater, reuse, stormwater, streets, sidewalks, drainage system(s), retention/detention ponds, and the construction BMPs; and significant physical conditions which include, but are not limited to, lakes and watercourses, wetlands, and floodplains. Initial comments by the Economic Opportunity and Community Investment Department Director, City Engineer, and other City staff reviewing the site plan shall be detailed in a letter to the developer not less than fifteen (15) working days after submission.

(e)

Approval of a site plan shall acknowledge the basic design of the subdivision and consistency with the comprehensive plan and zoning code. It shall not constitute approval of construction drawings or the final plat; it shall not authorize recording or acceptance of improvements or dedications. Upon approval of the site plan, the developer has six (6) months to submit construction drawings. If the construction drawings are not submitted with in six (6) months from the date the site plan is approved, then the site plan approval shall expire. The developer may request an extension of the approval for an additional six (6) months, upon written notice provided ten (10) days before the six (6) month expiration date. If site plan approval lapses, all future submittals for site plan approval shall be subject to any changes in the City's rules and/or regulations.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22)

The preliminary plat is a document depicting the proposed lot and roadway layout of a subdivision. The preliminary plat is optional for any commercial subdivision and those residential subdivisions where construction of homes on more than ten (10) percent of the building lots prior to final platting will not occur. Where homes are planned to be constructed on more than ten (10) percent of the building lots prior to final platting, the preliminary plat shall be mandatory.

(1)

Requirements. At a minimum, the Preliminary Plat shall depict the following information:

a.

Proposed subdivision name;

b.

North Arrow;

c.

Scale;

d.

Legal description;

e.

Layout and dimensions of proposed building and common lots shown to one-hundredths of a foot;

f.

Layout and dimensions of proposed streets shown to one-hundredths of a foot;

g.

Street names;

h.

Names and locations of adjoining streets; and

i.

All drainage and utility easements.

j.

Proposed dedications and reservations to be executed by the applicant/developer/landowner.

k.

Proposed acknowledgement and joinder for any party accepting any dedication and/or reservation.

(2)

Application. All applications on forms provided by the City and fees for a preliminary plat shall be submitted to the economic opportunity and community investment director or his/her designee for review. In addition, the applicant shall provide:

a.

Pursuant to Florida Statutes (2023) § 177.041, a title opinion or property information report. For purposes of this section, the title opinion or property information report shall be updated within three (3) months of preliminary plat approval and certified no earlier than thirty (30) days prior to the date on which the application is submitted; and

b.

A hold harmless and indemnification agreement by the developer/applicant/landowner in favor of the City of Winter Haven, Florida, its governing body, its employees, and its agents ("City"), in a form and manner acceptable to the City and the City attorney, holding the City harmless from and indemnifying the City against liability or damages including attorney's fees and costs incurred by the City resulting from the issuance of a building permit or construction, reconstruction, or improvement or repair of a residential building or structure, including any associated utilities, located in the residential subdivision or planned community that is the subject of the preliminary plat. Additionally, an applicant must indemnify and hold harmless the City from liability or disputes resulting from the issuance of a certificate of occupancy or its functional equivalent, if applicable, for a residential building or structure that is constructed, reconstructed, improved, or repaired before the approval and recordation of the final plat for the residential subdivision or planned community that is the subject of the preliminary plat. The indemnification shall also include, but is not limited to, any liability and damage resulting from wind, fire, flood, construction effects, bodily injury, and any actions, issues, or disputes arising out of a contract or other agreement between the developer and a utility operating in the residential subdivision or planned community that is the subject of the preliminary plat;

c.

Provide a valid performance security for one hundred and twenty-five (125) percent of the necessary improvements, as defined in F.S. § 177.031(9), that have not been completed upon submission of the application under this section that is confirmed and certified by the applicant's engineer of record. For purposes of a master planned community as defined in F.S § 163.3202(5)(b), a valid performance security is required on a phase-by-phase basis. Such performance security shall comply with all applicable statutory requirements, the requirements of this Code, and be satisfactory in form to the City attorney and the City engineer and the City's planning staff.

d.

Within seven (7) business days, the economic opportunity and community investment director or his/her designee shall issue a formal completeness letter indicating the application is complete.

(3)

Review and approval. Within twenty (20) business days from the issuance of a completeness letter, staff shall provide written comments to the applicant or schedule the Preliminary Plat for City Commission action.

(4)

Validity of preliminary plat. Preliminary plat approval shall be valid for a period of three (3) years from the date of its approval by the City commission. Should the final plat not be approved by the City commission within three (3) years from the date of City commission approval of the preliminary plat, the preliminary plat shall be deemed null and void.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22; Ord. No. O-24-33, § 3(Exh. C), 9-23-24)

Editor's note— Ord. No. O-24-33, § 3(Exh. C), adopted Sep., 23, 2024, renumbered the former §§ 21-395, 21-396 as §§ 21-396, 21-397 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Preconstruction meeting required. The developer shall schedule a preconstruction meeting with the City engineer prior to commencing any site work, including clearing and grubbing work.

(b)

Construction inspection. The City shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion. If it is found that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the subdivider shall be responsible for modifying and/or completing the improvements so as to comply with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22; Ord. No. O-24-33, § 3(Exh. C), 9-23-24)

Editor's note— Ord. No. O-24-33, § 3(Exh. C), adopted Sep., 23, 2024, renumbered the former §§ 21-395, 21-396 as §§ 21-396, 21-397 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Upon the acceptance of the construction drawings by the City engineer of all subdivision improvements, the developer may present a final plat for approval. The final plat shall be approved by the City commission by resolution if it meets all of the City's established minimum requirements and all other requirements set forth by F.S. ch. 177.

(1)

Submission of final plat.

a.

An application for final plat approval shall be submitted with an appropriate fee established by the City and with accompanying documents as specified herein to the economic opportunity and community investment department director or his/her designee. The economic opportunity and community investment department director or his/her designee shall forward copies of the final plat to the City engineer, City attorney, and a surveyor licensed by the State of Florida under the City's employ and/or contract for their review and comments. Upon approval of the final plat by City staff, the economic opportunity and community investment department director or his/her designee via the City manager shall place the applications on the agenda of the City commission for final review and approval.

b.

Required documents. One (1) electronic copy of the following documents shall be submitted for review of the final plat:

1.

Final plat conforming with the requirements as set forth in F.S. ch. 177, and this Code including the following items:

i.

Dedications and reservations executed by the landowner;

ii.

Acknowledgement and joinder for any party accepting a dedication and/or reservation;

iii.

Certification by a registered land surveyor;

iv.

Statements of endorsement to be signed by the City engineer, economic opportunity and community investment department director, City's reviewing surveyor, mayor, and city clerk.

The preferred scale of the final plat is one (1) inch equals one hundred (100) feet.

2.

Boundary survey of the lands contained within the subdivision.

3.

An AutoCAD file (.dwg) of the final plat and boundary survey.

4.

Pursuant to F.S. § 177.041, a title opinion or property information report. For purposes of this section, the title opinion or property information report shall be updated within three (3) months of final plat approval and certified no earlier than thirty (30) days prior to the date on which the application is submitted.

5.

Documentation establishing, if applicable, that a homeowner's association or property owner's association is legally formed and active for the subdivision.

6.

Copy of the recorded restrictive deeds and covenants for the subdivision.

7.

Detailed cost breakdown of all proposed improvements.

8.

Scale drawing depicting any homes constructed on lots prior to approval of the final plat.

c.

All required permits and approvals issued by governing bodies having jurisdiction over properties being subdivided shall be furnished to the City engineer and economic opportunity and community investment department director or his/her designee. The final plat shall not be approved by the City commission without prior submission of permits and approvals.

(2)

Engineering drawings. Three (3) sets of City-approved engineering as-built drawings shall be submitted with the final plat. All as-built drawings shall contain a certification by a professional engineer or registered land surveyor of personal verification of the exact location and dimensions of all completed improvements, as well as certification that all utilities have been installed in accordance with specifications.

(3)

Upon receipt of the application for final plat approval and once a determination is made by City staff that the final plat and all supporting documents conform to the City's requirements, the final plat will be forwarded via the City manager to the City commission for approval.

(4)

When the final plat application and required documentation are not approved by City staff, the applicant has three (3) months from the notification date to make any revisions and resubmit for review. After three (3) months, the plans become subject to any changes in the City's rules and/or regulations.

(5)

Standards for approval. No final plat shall be approved for recording, unless:

a.

The final plat conforms with any approved preliminary plat;

b.

The final plat is in compliance with all applicable regulations, approved construction drawings and as-built drawings;

c.

All improvements have been installed, inspected and accepted by the City or, when approved by the City, the developer has provided the City with adequate performance security and adequate defect security in accordance with the provisions of this Code;

d.

The developer has paid all application and recording fees required by the City;

e.

When construction of improvements is required, a subdivision agreement or developer's agreement has been negotiated and executed by the developer; and

f.

The developer has provided one (1) copy of all homeowner's documents (articles of incorporation, bylaws, and deed restrictions) for review by the City attorney and three (3) copies of the approved homeowners documents; and

The City commission shall take action to accept or reject the final plat. The City commission may add reasonable conditions to its approval of a final plat, but if it determines that the developer must make changes to the plat, including changes to exactions or to restrictions on the face of the plat, then it shall be remanded to the City attorney to review such changes. Approval of the final plat and acceptance of public improvements and dedications shall be by resolution and shall authorize the mayor and City clerk to sign the copy of the final plat to be recorded.

(6)

Contingent approval. Final plat approval shall be contingent upon the developer providing proof of:

a.

Filing with the Department of State of the bylaws and articles of incorporation for the homeowners association;

b.

When construction of improvements is required, a subdivision agreement or developer's agreement has been approved by the City commission, executed by the parties, and recorded in the public records in and for Polk County, Florida; and

c.

All federal, state and local permits which may include, but shall not be limited to, Florida Department of Transportation, Department of Environmental Protection, the U.S. Corps of Engineers, and the Southwest Florida Water Management District.

(7)

Effect of approval. No lot may be sold until all contingencies have been fulfilled. Upon recordation of the final plat, the developer may submit application(s) for building permits. Upon approval by the City commission, the final plat shall be filed and recorded with the clerk of the circuit court for Polk County. The City clerk shall be responsible for recording the final plat and for returning one (1) reproducible copy of the recorded plat to the City engineer.

(8)

Performance security required.

a.

Full performance security. In order to receive final plat approval before the installation and/or completion of all improvements, the developer shall provide and maintain sufficient full performance security guaranteeing the installation and approval of all private on-site or off-site improvements and the installation and acceptance of all public on-site or off-site improvements in accordance with the minimum requirements set forth herein. When providing full performance security, the developer shall submit the performance security on forms acceptable to the City two (2) weeks before any City commission action; such security shall be effective as of the date on which the City commission approves the final plat. Such performance security shall comply with all applicable statutory requirements, the requirements of this Code, and be satisfactory in form to the City attorney and the City engineer and the City's planning staff and be in an amount equal to one hundred twenty-five (125) percent of the developer's contract for the work that remains uncompleted and not accepted at the time of final plat approval as certified in writing by the engineer of record, subject to approval by the City's planning staff and the City engineer. When providing a bond for performance security, the bonding company shall have a B+ or better rating in accordance with "Best Bond Book." In the case of a letter of credit, provisions for drawdowns from the letter of credit as improvements are completed and accepted shall accompany the surety. The letter of credit shall have a maximum duration of twenty-four (24) months.

b.

No more than fifty (50) percent of the value of the total required improvements shall be considered for bonding and/or a letter of credit given hereunder.

c.

Effective period; extensions. The effective period of the performance security shall not be less than one (1) year from the date on which the City commission approves the final plat; provided, however, that the City may permit or require extensions by renegotiation of the security amount and execution of a new subdivision agreement.

d.

Release of performance security. Subject to the terms of an applicable subdivision agreement, if any, the performance security shall be released by the City when all private improvements are installed, inspected and approved and when all public improvements are installed, inspected and affirmatively accepted by the City and/or entity with jurisdiction.

(9)

Maintenance and defect guarantee.

a.

The developer shall warrant and guarantee the materials and workmanship of all infrastructure and infrastructure improvements within the subdivision that are dedicated to the public, including streets, curb and gutter, sidewalks, potable water distribution system, sanitary sewer collection and transmission system, reclaimed water system and stormwater management system. This guarantee shall be for an amount equal to ten (10) percent of the actual construction costs of improvements and/or other adequate written assurances which are set forth in an applicable subdivision agreement for the purpose of correcting any construction, design or material defects or failures within public rights-of-way or easements in the development or required off-site improvements. The form and manner of execution of such securities shall be subject to the approval of the City attorney.

b.

The effective period for such security shall be one (1) year and thirty (30) days following the City's acceptance of the installed improvements. Upon default, the City may exercise its rights under the security instrument, upon ten (10) days' written notice by certified mail to the parties to the instrument or as otherwise set forth in an applicable subdivision agreement.

c.

Release of defect security. Subject to the terms of such security and/or subdivision agreement, the maintenance and defect security shall be released by the City at the expiration of its effective period.

(Ord. No. O-22-46, § 1(Exh. A), 8-22-22; Ord. No. O-24-33, § 3(Exh. C), 9-23-24)

Editor's note— Ord. No. O-24-33, § 3(Exh. C), adopted Sep., 23, 2024, renumbered the former §§ 21-395, 21-396 as §§ 21-396, 21-397 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Homes constructed on more than ten (10) percent of the building lots, but not exceeding fifty (50) percent of the building lots of a proposed subdivision, shall be permitted upon approval of a preliminary plat by the City commission. The application for preliminary plat shall indicate the number of lots on which homes will be constructed. Prior to construction of any home within a proposed subdivision, the following criteria shall be met:

(1)

All homes shall meet all lot area and building setback requirements for the zoning district in which the subdivision is being platted. Failure of a model home to comply with the required setbacks shall result in a refusal to authorize any occupancy and/or use for that home.

(2)

Fire hydrants and a stabilized road base shall be constructed and approved for use prior to the issuance of any building permits for homes. The developer shall be responsible for maintaining the stabilized road base in a manner that allows for the safe passage of fire/rescue equipment. Should the road surface be found in an unsafe condition, the building official shall issue a "stop work" order on all model homes under construction until such time the roadway is brought back to a safe condition.

a.

Should the fire hydrants and a stabilized road base not be in place, homes may be constructed according to the following standards established by NFPA 1141, Standard for Fire Protection in Planned Building Groups:

b.

Within three hundred (300) feet of at least one (1) fire hydrant that has been placed in a location acceptable to the City fire official, and

c.

No portion of the exterior walls of the building shall be more than two (2) hundred (200) feet from a fire hydrant with vehicular access.

(3)

The developer and landowner shall enter into a hold harmless and indemnification agreement by the developer/applicant/landowner in favor of the City of Winter Haven, Florida, its governing body, its employees, and its agents holding them harmless from and indemnifying them against liability or damages including attorney's fees and costs incurred by the City resulting from the issuance of a building permit or construction, reconstruction, or improvement or repair of a residential building or structure, including any associated utilities, located in the residential subdivision or planned community that is the subject of the preliminary plat. Indemnification shall also include, but is not limited to, any liability and damage resulting from wind, fire, flood, construction effects, bodily injury, and any actions, issues, or disputes arising out of a contract or other agreement between the developer and a utility operating in the residential subdivision or planned community that is the subject of the preliminary plat.

(Ord. No. O-24-33, § 3 (Exh. C), 9-23-24)

The owner of any land subdivided into lots may petition the City under the provisions of F.S. § 177.101, to remove (vacate and annul) the existing plat, or portion thereof, from the official records of the City of Winter Haven and Polk County. The applicant vacating a plat, or a part thereof, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution, and shall pay the appropriate filing fee as established by resolution of the City commission. Following review by the appropriate City departments, the petition shall be acted on by the City thirty commission. The applicant shall be responsible for recording the petition and the proof of publication with the clerk of the Circuit Court for Polk County.

Conditional uses are those uses that are unique because of the characteristics of the use, its magnitude, location and/or impacts on government services, surrounding land uses and the environment, and the goals, objectives and policies of the comprehensive plan. As a result, a conditional use is subjected to the highest standard of review, and combines the analysis and considerations required for amending the comprehensive plan, and rezoning, and other standards detailed in this article. It is the purpose of this section to identify the uses that shall be considered conditional, and to describe the standards and the review process for a conditional use.

(Ord. No. O-00-09, Art. 7 (7.06.01), 4-24-00)

Uses designated as conditional uses are identified in the table of land uses 21-32(A), of this Code. Conditional uses are designated by the letter "C" and require approval of an application for a conditional use by the planning commission and City commission as outlined in the following sections.

(Ord. No. O-00-09, Art. 7 (7.06.02), 4-24-00)

At the time of a proposal for a particular conditional use, a detailed review of the location, design, configuration, and impact will be conducted by comparing the proposed conditional use to fixed standards. Of particular importance are standards for weighing the public need for and benefit to be derived from the use, against the greater impacts that it may cause. The review considers the proposal in terms of;

(a)

Whether and to what extent, the conditional use at the particular location for which it is proposed, is necessary or desirable and in the interest of furthering the comprehensive plan, of providing for the public convenience, or of contributing to the general welfare of Winter Haven and Polk County.

(b)

Whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the conditional use on the immediate vicinity and on the public health, safety, and welfare in general.

(c)

Whether and to what extent, planned and proposed public and private developments may be adversely affected by the conditional use.

(d)

Whether and to what extent, existing zoning and land use in the vicinity of the conditional use require special considerations and conditions.

(Ord. No. O-00-09, Art. 7 (7.06.03), 4-24-00)

All requests for conditional uses shall be submitted in the form of an application to the planning and community development director, together with applicable fees, which shall have been established by resolution of the City commission.

(a)

The application shall contain the following items, as applicable:

(1)

A legal description and street address of the property.

(2)

Notarized authorization of the owner if the applicant is other than the owner or an attorney for the owner.

(3)

A concurrency analysis of all public facilities and services for which a level of service has been established in the comprehensive plan, pursuant to the standards and procedures adopted by the City.

(4)

A detailed site plan drawn to scale showing:

a.

The dimensions of the property;

b.

The existing and proposed location of structures on the property including signage, vehicular accessways and circulation areas, off-street parking and loading areas, sidewalks, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas;

c.

The measurements of existing and proposed adjacent rights-of-way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

(5)

A tabular summary describing the proposed use of the property including:

a.

Existing and proposed use of property;

b.

Conditions on the use, such as hours of operation, numbers of residents, etc.;

c.

Area of the property, pervious and impervious areas, and existing and proposed structures.

d.

Number of required and provided off-street parking and loading spaces, existing and proposed density, and number of existing and proposed units.

(Ord. No. O-00-09, Art. 7 (7.06.04), 4-24-00)

(a)

Within fifteen (15) working days of receipt of an application for a conditional use, the planning and community development director shall:

(1)

Determine that the plan is complete and proceed with formal review.

(2)

Determine that the information submitted with the application is not complete and inform the developer in writing of any deficiencies.

a.

The developer shall submit any required information within fifteen (15) working days, or submit a letter indicating that in his/her judgment the application is complete. In the second case, the developer shall specifically request that formal review commence.

b.

If as a result of the planning and community development director's comments the developer chooses to submit an amended application, he/she shall do so within sixty (60) working days without payment of an additional fee. If more than sixty (60) working days pass, the developer shall file a new application and pay appropriate fees.

(b)

The planning and community development director shall submit a written report containing his/her recommendations on the proposed conditional use to the planning commission prior to the scheduled meeting of the planning commission at which the application will be heard. A copy of the report shall be made available to the applicant.

(c)

Following submission of the planning and community development director's report, the planning commission shall hold a public hearing on the application for a conditional use and shall, following the hearing, forward its recommendations to the City commission. The planning commission review and recommendations shall specifically address:

(1)

Concurrency management issues and considerations associated with the proposed conditional use.

(2)

The need to formally amend the comprehensive plan. Should the planning commission find that a plan amendment is required, then the plan amendment review shall be conducted in accordance with the standards and procedures set forth in section 21-351, "comprehensive plan amendments" of this Code. Depending on the nature of the plan amendment, further consideration of the application for a conditional use may be placed on hold until the amendment is adopted.

(3)

Rezoning issues and recommended conditions for the proposed conditional use pursuant to section 21-361, "rezoning" of this Code.

(d)

The planning commission shall recommend approval of an application for a conditional use only when all of the conditions below are met.

(1)

The proposed conditional use is consistent with the City of Winter Haven Comprehensive Plan.

(2)

The proposed conditional use would not degrade the level of service of one (1) or more public facilities and services, or contains commitments to make improvements to maintain levels of service established by the comprehensive plan.

(3)

The proposed conditional use at the proposed location will not result in adverse impacts to adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; Either as they now exist or as they may exist in the future, as a result of the implementation of the goals, objectives and policies of the comprehensive plan.

(4)

The proposed conditional use meets all of the standards and requirements of this Code that are applicable to it.

(5)

Reasonable conditions can be derived and agreed upon that will address the concerns of the planning commission and mitigate adverse impacts of the proposed conditional use.

(e)

Following planning commission recommendation, the City commission shall hold a public hearing after due public notice on all recommendations associated with a conditional use from the planning commission. It may accept, reject, modify, return, or continue and seek additional information on those recommendations.

(f)

The planning commission may recommend and the City commission may impose on the grant of any conditional use, any conditions or safeguards found to be necessary to ensure the compatibility of the conditional use with surrounding properties or the community in general. These may include, but are not limited to:

(1)

Requiring restrictions on hours of operation and size of buildings,

(2)

Requiring additional landscape and buffer areas,

(3)

Limiting vehicular access points,

(4)

Prescribing the location of off-street parking, and

(5)

Other conditions that are reasonable and necessary to preserve the general welfare of the City of Winter Haven.

Violation of any such condition or safeguard shall be deemed a violation of this Code and may result in a revocation of any conditional use permit, in addition to any other remedy for such violation provided in this Code.

(g)

The City commission shall make written findings of its decision, which shall be furnished to the applicant within five (5) working days of the action. Any conditions adopted as a part of the approval of a conditional use shall be explicitly stated in the correspondence, and shall be the basis for any subsequent development agreement or development order associated with the conditional use. In the instance of a denial, the written finding shall state the reason, or reasons, for the denial from the list above, in sufficient detail to eliminate misunderstanding on the part of the applicant, any future applicant, and the officials of the City of Winter Haven.

(Ord. No. O-00-09, Art. 7 (7.06.05), 4-24-00)

It is the intent of this section to provide for a process to review "special" uses that by their nature, may need to be more closely examined for compatibility at a particular location. These particular uses are generally considered to be appropriate for any zoning district that permits that particular use by special use approval. Uses that require special use approval are designated by an "S" in the Table of Uses found in Article II of this chapter. The planning commission is responsible for hearing all special use requests.

(a)

Special use approval runs with the use of the property. Ownership may change, but so long as the character and conditions of the special use do not change, the special use approval remains in effect.

(b)

Should the use change to a use permitted in the zoning district that is not the use approved as the special use approval and remain so for six (6) months or more, a new application will be required to reestablish any special use approval use.

(c)

The expansion or reconfiguration of any use or development that is subject to special use approval shall require a new or amended special use approval prior to the issuance of a building permit.

(Ord. No. O-00-09, Art. 7 (7.07.01), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

(a)

All requests for special use approval shall be submitted in writing to the planning director, together with all applicable fees as provided by separate resolution of the City commission. When requesting special use approval, the applicant shall furnish proof that the development site is unified by title, and not spatially divided by ownership.

(b)

The application shall contain the following items, as applicable:

(1)

A legal description, zoning district and street address of the property; and a copy of the Polk County Property Appraiser's plat map.

(2)

Notarized authorization of the owner when the applicant is other than the owner or an attorney for the owner.

(3)

Site plan or sketch plan drawn to scale showing the dimensions of the property; the existing and proposed location of structures on the property including signage, paved surfaces including sidewalks, vehicular accessways and circulation areas, off-street parking and loading areas, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas.

(4)

The measurements of existing and proposed adjacent rights-of-way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

(5)

A description of the proposed use of the property including: conditions of the use, such as hours of operation, numbers of residents, numbers of employees, and other pertinent information; the number of required and provided off-street parking and loading spaces; existing and proposed density; amount of existing and proposed commercial or industrial space; and the location of existing and proposed signs.

(6)

Location of all public and private streets, existing and proposed utilities, driveways and utility easements, within and adjacent to the site.

(7)

Provisions for stormwater management and detention related to the proposed development.

(8)

Where applicable, delineation of all wetlands and floodprone areas as delineated by the National Wetlands Inventory and the flood insurance rate maps published by the Federal Emergency Management Agency (FEMA).

(9)

Where applicable, the identification of watercourses, wetlands, and significant stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas.

(Ord. No. O-00-09, Art. 7 (7.07.02), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

Lot and building requirements shall comply with the lot and building requirements for the district in which the special use is to be located, or shall comply with such requirements as may be imposed by the planning commission in its approval of the special use.

(Ord. No. O-00-09, Art. 7 (7.07.03), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

The planning commission shall review and approve or disapprove any special use. The planning commission shall review and evaluate the special use requests with specific regard to the comprehensive plan, applicable City Codes, and the advisory recommendations of City staff. The planning commission shall approve, approve with conditions, or deny the special use request. In the alternative, the planning commission may, for the purpose of allowing the applicant an opportunity to address unresolved issues, continue consideration of the special use request. In the event a special use request is denied, the reason(s) for the denial shall be noted.

(a)

Where the proposed development involves only the expansion of existing structures, the planning commission may reduce or waive certain criteria, data, or other submission requirements.

(b)

Under no circumstances shall a special use request be approved that is inconsistent with any term contained in this chapter, unless a variance has been granted in accordance with the provisions of section 21-421 of this chapter.

(Ord. No. O-00-09, Art. 7 (7.07.04), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

Special use approval shall remain valid if a building permit is obtained subject thereto within one (1) year after final approval. Granting of extensions for approved uses may be made by the planning and community development director for a single period up to one (1) year from the date when a special use approval would otherwise expire. An extension may be granted if the director concludes that the recipient of the special use approval has proceeded with due diligence and in good faith, and that conditions have not changed substantially so as to warrant a new application. All such requests for extensions must be submitted in writing, not less than thirty (30) days before the expiration of the special use approval stating the reason for the time extension request.

(Ord. No. O-00-09, Art. 7 (7.07.05), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

Failure to comply with a special use approval resolution or any of the conditions upon which such approval was granted, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this section for a site plan shall constitute a violation of this Code and may be subject to a stop-work order.

(Ord. No. O-00-09, Art. 7 (7.07.06), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

Should a use approved by way of a special use approval be discontinued for a period greater than one hundred eighty (180) days, the approved special use shall become invalid. Any reestablishment of an abandoned special use after one hundred eighty (180) days shall require a new application for special use approval.

(Ord. No. O-00-09, Art. 7 (7.07.07), 4-24-00; Ord. No. O-00-19, § 2, 7-10-00)

Any person or persons aggrieved by a special use approval decision made by the planning commission may request a de novo hearing before the City Commission by filing an application (on a form provided by the City) for a hearing with the City's growth management department within seven (7) calendar days after the planning commission hearing. The City Commission shall set a time, date, and place for the hearing. Notice of the hearing before the City Commission shall be given in the same manner as the notice for the planning commission hearing. The City Commission may consider the decision of the planning commission, the staff report, and testimony, evidence and/or comments presented at the de novo hearing, if not prohibited by law, which is offered by interested persons appearing at the de novo hearing, or written comments submitted prior to or at the de novo hearing, or any other matter the City Commission or any of its individual members deem relevant, if not prohibited by law. The City Commission shall consider the special use application based upon all applicable provisions of the City's Code of Ordinances including, but not limited to, the City's Unified Land Development Code and Comprehensive Plan. Once an application for a de novo hearing has been submitted, the City's growth management department shall present possible hearing dates to the applicant and appellant (if not the applicant) and shall submit a "Set Hearing" request for a date on which both the applicant and appellant (if not the applicant) are available. The hearing date shall be within sixty (60) calendar days of the planning commission hearing or the planning commission decision shall stand. Any requests by the applicant or appellant (if not the applicant) to continue or withdraw the de novo hearing shall be requested in writing at least ten (10) calendar days prior to the hearing so that all affected parties can be notified. The City Commission may deny the request to continue or limit the duration of the continuance. If additional advertising is required, advertising fees are the responsibility of the party seeking the continuance.

In conjunction with the de novo hearing, the City Commission shall have the authority to:

a.

Request briefs be filed on behalf of any party and prescribe filing and service requirements;

b.

Hear oral argument on behalf of any party;

c.

Adjourn, continue, or grant extensions of time for compliance with these requirements, either on its own motion or upon application of a party, provided no requirement of law is violated;

d.

Dispose of procedural requests or similar matters including motions to amend and motions to consolidate; and

e.

Keep record of all persons requesting notice of the decision in each case.

Pursuant to F.S. § 166.033(2), a written order shall be adopted by the City Commission within thirty (30) calendar days of the date of the conclusion of the de novo hearing authorized hereunder stating the legal basis for the denial of a special use application. The decision of the City Commission pursuant to this de novo hearing process shall be final. Any person or persons aggrieved by the City Commission decision rendered in the de novo hearing process may appeal such decision within thirty (30) calendar days after the rendering of the City Commission decision but not thereafter, by proceeding in the Circuit Court in and for Polk County in accordance with the Florida Rules of Appellate Procedure. The nature of the appeal shall be from a final administrative order.

If a de novo hearing request is not made in accordance with these provisions then the entitlement to such a de novo hearing shall be waived and the decision of the planning commission shall be final. Any person or persons aggrieved by the planning commission decision, for which no de novo hearing request has been made in accordance with these provisions or for which a de novo hearing request was waived, may appeal such decision of the planning commission within thirty (30) calendar days after the rendering of the planning commission decision but not thereafter, by proceeding in the Circuit Court in and for Polk County in accordance with the Florida Rules of Appellate Procedure. The nature of the appeal shall be from a final administrative order.

(Ord. No. O-00-19, § 2, 7-10-00; Ord. No. O-17-24, § 2, 5-22-17)

A variance is an approved modification to the development standards established by this Code. A variance may only be granted for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. Once granted, the variance runs with the land in perpetuity, even if the land changes ownership. The request for a variance is considered and approved or denied by the Development Special Magistrate and, if approved, shall take effect upon the rendition of a written order granting the same with the City Clerk. The City's Planning Division, or successor, shall keep a file in perpetuity on all variances approved by the Development Special Magistrate.

The Development Special Magistrate shall have the power to hear and decide requests for variances where by reason of exception or narrowness, shallowness or unusual shape of a site, or by reason of exceptional topographic or environmental conditions, or some other extraordinary situation or condition of that site but not dwelling unit or population density. The Development Special Magistrate may impose any reasonable conditions or restrictions in granting said variance.

(Ord. No. O-00-09, Art. 7 (7.08.00), 4-24-00; Ord. No. O-12-19, § 4(exh. A, pt. II), 5-29-12)

The granting of a variance shall be based on a determination that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. For each variance granted, the Development Special Magistrate shall draft a written order listing criteria (a) through (f) below and attesting that each has been considered. No variance from the terms of this ULDC shall be authorized unless the Development Special Magistrate finds that all of the following facts and conditions exist:

(a)

Special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same land use classification;

(b)

The special conditions and circumstances do not result from the actions of the applicant;

(c)

The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands, buildings, or structures in the same land use classification;

(d)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant;

(e)

That the variance granted is the minimum variance that will make possible a reasonable use of the land, building, or structure; and

(f)

That the granting of the variance will be in harmony with the general intent and purpose of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Ord. No. O-00-09, Art. 7 (7.08.01), 4-24-00; Ord. No. O-01-10, § 1, 3-12-01; Ord. No. O-12-19, § 4(exh. A, pt. II), 5-29-12)

The purpose of this article is to set forth limitations and standards for the continuation, modification, improvement or abatement of properties, structures and uses which do not conform to current zoning regulations.

It is the intent of this section to permit existing legal nonconforming uses, properties and structures to continue until they are removed or discontinued, but not to encourage their survival.

A legal nonconforming use, property or structure is one (1) that met all zoning laws and regulations at the time it was initially established, but became nonconforming because of a subsequent change in the law. All references in this article to nonconforming uses, properties and structures refer to such legal nonconformities.

No license or permit shall be issued for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve in any way or constitute a violation of this article. Business tax receipts may be renewed annually for continued operation of nonconforming use in compliance with this article.

(Ord. No. O-00-09, Art. 7 (7.09.00), 4-24-00; Ord. No. O-07-28, § 24, 3-12-07)

(a)

No building permit shall be issued for the erection, expansion, alteration or use of any building or structure or part thereof, or for the use of any land or water which is not in conformity with all the provisions of this chapter.

(b)

Nonconforming buildings or structures shall be made to comply with these regulations, provided the cost of repair of any structure at any time exceeds fifty (50) percent of the fair market value as determined by the county tax assessor immediately prior to the time of destruction by any causes or as may be caused by neglect and decay. An existing nonconforming building or structure may be maintained and repaired, but shall not be structurally added onto or altered to increase the nonconformance; except in compliance with these regulations.

(c)

Debris resulting from any building burned or demolished by any other cause shall be removed within thirty (30) days after the disaster, or within thirty (30) days after settlement of any pending insurance claims, not to exceed one hundred twenty (120) days from date of loss.

(d)

Notwithstanding the above, a legal nonconforming single-family residential building or structure may be rebuilt even if the cost of repair exceeds fifty (50) percent of the fair market value as determined by the county tax assessor immediately prior to the time of destruction by any causes or as may be caused by neglect or decay. However, all other provisions of this division must be complied with.

(Ord. No. O-00-09, Art. 7 (7.09.01), 4-24-00; Ord. No. O-01-61, § 1, 11-12-01)

All nonconforming uses of land without principal buildings, including open storage, building supplies, vehicles, implement and machinery storage, junkyards and commercial animal yards, and similar uses may continue so long as such uses of land remain otherwise lawful, subject to the following provisions:

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land.

(b)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use.

(c)

If any such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) days, such use shall no longer be legal or allowed.

(d)

The screening requirements of the landscaping and buffering section of Article III shall apply regardless of the use status of the property.

(Ord. No. O-00-09, Art. 7 (7.09.02), 4-24-00)

(a)

The use of any building not in conformance with the regulations pertaining to uses permitted on the effective date of this chapter may not be changed, reestablished or enlarged in accordance with the following regulations:

(1)

A nonconforming use may not be changed to another nonconforming use unless the change in nonconforming use is to a less intensive nonconforming use, i.e. to bring the use into more conformance with the requirements of this chapter.

(2)

A nonconforming use may not be reestablished after discontinuance for one hundred eighty (180) days, or after damage exceeding fifty (50) percent of the fair market value as determined by the Polk County tax assessor, immediately prior to the damage. Notwithstanding the above, a legal nonconforming single-family residential building or structure may be rebuilt even if the cost of repair exceeds fifty (50) percent of the fair market value as determined by the county tax assessor immediately prior to the time of destruction by any causes or as may be caused by neglect or decay. However, all other provisions of this division must be complied with.

(3)

A nonconforming use may not be extended, enlarged, expanded or relocated.

(b)

The Development Special Magistrate may approve reconstruction or structural alteration of individual structures with a replacement cost exceeding four thousand dollars ($4,000.00), containing nonconforming uses, upon a finding:

(1)

That such use is likely to continue indefinitely with or without such reconstruction or structural alteration.

(2)

That the proposed reconstruction or structural alteration will result in substantial improvement in the appearance of the premises or other public benefits in keeping with the purposes of zoning.

(3)

Site and building plans shall be included with applications for such special exceptions, and if approved, shall be binding on the petitioner and his successors in title.

(4)

Such reconstruction or alteration shall be subject to the following general requirements and limitations, in addition to conditions and safeguards which may be added to fit the particular circumstances of the case:

a.

Off-street parking areas shall be located and improved in such a manner as to minimize potential adverse effects from lights, noise or dust. Off-street parking space shall be provided as required for the most restrictive district in which the use is permitted.

b.

Minimum yard requirements, and maximum height and lot coverage requirements for the district in which the nonconforming use is located shall apply except for residential uses; with residential uses the least restrictive residential district requirements shall apply.

c.

The floor area devoted to the nonconforming use may be limited or may be relocated within the building by the Development Special Magistrate, in its discretion, to minimize the adverse impacts of the nonconforming use.

(Ord. No. O-00-09, Art. 7 (7.09.03), 4-24-00; Ord. No. O-01-61, § 2, 11-12-01; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)

(a)

Where two (2) or more nonconforming lots with continuous frontages are under the same ownership or where a nonconforming lot has a continuous frontage with a larger tract under the same ownership, such lot or lots shall be combined to form one (1) or more building sites meeting the lot requirements of the district in which they are located.

(b)

The City may issue a building permit for a single-family dwelling on any single nonconforming lot of record not on a waterfront, provided that the remedies set forth in this section cannot be complied with, that such use is permitted, and that the proposed dwelling meets all setback, lot coverage, maximum height and minimum living area requirements and all other district regulations of the district in which the lot is located. A building permit may be issued for a single-family dwelling on a waterfront nonconforming lot upon approval by the Development Special Magistrate where such dwelling and lot meet the above criteria. However, the Development Special Magistrate may impose additional reasonable restrictions upon the applicant to minimize the adverse effects which would not otherwise exist if the lot were legally conforming. No construction shall be permitted on any lot where such parcel was originally a part of subdivided lot of record, whether contiguous or not, (i.e., a single subdivision lot bisected by a public or private road) without approval of the Development Special Magistrate.

(c)

A single-family dwelling may exist on lots less than sixty (60) feet in width.

(Ord. No. O-00-09, Art. 7 (7.09.04), 4-24-00; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)

(a)

Existing manufactured home parks that are nonconforming by use shall not be redesigned, expanded in area, or modified to accommodate additional manufactured homes. Replacement of existing manufactured homes in such parks shall be prohibited. A redesign proposal that does not include the addition of new manufactured home spaces shall not be subject to conditions (1) and (2) below.

(b)

Manufactured home parks that are nonconforming by design only may be expanded in area and/or modified so as to reduce or eliminate those aspects of design that render it nonconforming. The planning and community development director may authorize additional manufactured home sites in such parks upon submission of a site development plan showing a redesign of the park that substantiates the following:

(1)

Overall density of the park will not exceed the allowable density established in the comprehensive plan and the appropriate section of this Code.

(2)

An area comprising twenty (20) percent of the development site or five (5) acres, whichever is less, shall be set aside as common open space as defined in Article IX.

(3)

No new manufactured home will be placed within twenty (20) feet of any property line.

(4)

Where possible, all development standards of the zoning district have been met, or the degree of nonconformity reduced. In no case shall the degree of nonconformity of any design aspect be increased.

(Ord. No. O-00-09, Art. 7 (7.09.05), 4-24-00)

(a)

Once a nonconforming manufactured home is removed from its location, no other manufactured home shall be substituted in its place. The exception is a manufactured home replacement in an existing manufactured home park zoned to allow manufactured homes.

(b)

The replacement of an existing manufactured home on property that is not designated for manufactured home use on the official zoning map shall be prohibited.

(Ord. No. O-00-09, Art. 7 (7.09.06), 4-24-00)

(a)

Certain nonconforming uses which, by their nature, would present a substantial likelihood of detrimental effect on adjoining uses and on the health, safety and welfare of the community at large, may continue only for a period of two (2) years from the date of this ordinance, or any amendment thereto specifically including the use as an amortized nonconforming use. Amortized nonconforming uses shall include:

(1)

Nonconforming signs that are in existence at the time of adoption of this article.

(b)

The decision of an administrative official determining that a certain use constitutes an amortized nonconforming use and the length and duration of any amortization may be appealed to the Development Special Magistrate. In determining whether a certain use constitutes an amortized nonconforming use and the duration of any such amortization, the board shall consider the following factors:

(1)

The exact nature and extent of the amortized nonconforming use;

(2)

The type of uses adjacent to the amortized nonconforming use;

(3)

The potential for disruption or environmental contamination of adjacent uses by the amortized nonconforming use;

(4)

The length of time that the amortized nonconforming use has existed;

(5)

Improvements and investments made by the property owners in the development of the amortized nonconforming use; and

(6)

The realistic investment backed expectations of the property owners in the development of the amortized nonconforming use.

(c)

It shall be the property owner's burden to prove, by the substantial competent evidence, including the provision of detailed financial statements, that the schedule of amortization does not allow for the realization of the land owner's realistic investment backed expectations and that the land cannot be used consistent with the provisions of the City's comprehensive plan.

(d)

Notification of nonconforming use and expiration of use.

(1)

The Community and Economic Development Director shall identify every nonconforming use within six (6) months after the adoption of this Code and shall notify the owner/manager/operator by registered letter of: the existence of this provision and its requirements; and, the specific date the business/sign/billboard/use shall cease.

(2)

The owner/operator/manager of the nonconforming use shall apply for a certificate of use within three (3) months after the notification from the City.

(3)

The Planning and Community Development Director shall inspect each identified, nonconforming use annually to determine the progress of the owner/manager/operator toward conformity with this Code.

(4)

The Planning and Community Development Director shall determine by his/her inspection that the scope of operations has been reduced by fifty (50) percent, on or about the first anniversary of the adoption of this Code.

(5)

The Planning and Community Development Director shall notify the owner/manager/operator by registered letter the date by which all operations shall cease, six (6) months prior to the second anniversary of the adoption of this Code.

(Ord. No. O-00-09, Art. 7 (7.09.07), 4-24-00; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)

(a)

Intent and purpose. Site plan review shall be required for specified residential and all nonresidential construction to ensure that all development and redevelopment projects meet the requirements of this Code prior to the issuance of a building permit. The building official may, at any time, accept and review building construction plans related to structural, mechanical, electrical and plumbing systems, subject to the condition that no permits may be issued prior to site plan approval.

There are four (4) types of site plan review, each with its own set of review procedures. The four (4) types are:

(1)

Less than minor being defined as a simple change in use of a property, which either has a current approved site plan or a site containing existing parking facilities and utility connections; or a multi-family use containing three (3) or four (4) dwelling units;

(2)

Minor being defined as an expansion of a building, addition of a new use, or creation of additional on-site parking facilities;

(3)

Major being defined as any new development on undeveloped property or the expansion or redevelopment of an existing use by more than fifty (50) percent; and

(4)

Utilities only being defined as a review consisting only of water, sewer, or reuse utility projects.

(b)

Development requiring site plan approval. Site plan approval shall be required prior to the issuance of a building permit for the following:

(1)

An undeveloped parcel of land proposed for a commercial, industrial, institutional, recreation use, or any of these uses in combination with a residential use.

(2)

An undeveloped parcel of land proposed for multi-family residential use of three (3) dwelling units or more, or a mobile home park.

(3)

Assisted living facilities and group homes housing more than three (3) residents.

(4)

Clubhouses or similar facilities built on common property within a subdivision.

(5)

Division of an existing development site (such a division shall result in a new or modified site plan for previously existing development, in addition to a separate plan for new development).

(6)

An expansion or reconfiguration of any of those types of development which are subject to site plan requirements by greater than ten (10) percent of the total existing principal building(s) floor area; however, expansions less than ten (10) percent of the total existing principal building(s) floor area which exceed one thousand (1,000) square feet in area shall be required to undergo a minor site plan review.

(7)

A change in the use of an existing development site from one (1) land use category to another, as listed in Table 21-32(A) of this Code.

(8)

Any other type of development that the economic opportunity and community investment director determines to be appropriate for the site plan review process in order to protect the public health, safety and welfare.

For projects intended to be developed in phases, each phase of the development shall be submitted as a separate site plan for review.

(c)

Submission and review procedures. All major, minor, and utility only site plans, at a minimum, shall be reviewed by the Engineering Division, Planning Division, Winter Haven Water Department and Fire Department. Other City departments may be included in reviews as appropriate. Site plan reviews shall be conducted electronically through computer software obtained for use by the City.

Prior to a site plan review commencing, the applicant shall pay review fees as established by resolution of the City commission. Projects from the City, another governmental agency, or the Polk County School Board shall be exempt from paying site plan review fees.

(1)

Professional engineer. All major, minor, and utility only site plans submitted for review and approval, shall be prepared by or under the supervision of a professional engineer registered in the State of Florida. The professional engineer shall sign and seal all site plans.

(2)

Survey required. All major, minor, and utility only site plan submittals shall be accompanied by a signed and sealed survey prepared within the last three (3) years by a professional surveyor licensed in the State of Florida.

(3)

Required information. All site plans submitted for review shall contain, at a minimum, the following information:

a.

Site plan name;

b.

Project location, parcel identification number(s), and legal description;

c.

Description of project;

d.

Parcel size;

e.

Square footage of proposed commercial, institutional, or industrial buildings, number of lots, or number of residential dwelling units;

f.

Height, expressed in feet and floors, for all proposed buildings and structures (excluding single-family structures);

g.

Current future land use designation;

h.

Current zoning designation;

i.

Total impervious surface area expressed in square feet and broken down by building area square feet and parking and driveway area square feet;

j.

Number of required parking spaces and number of provided parking spaces;

k.

All existing and proposed utility or drainage easements;

l.

Any 100-year floodplain or jurisdictional wetland lines with elevations;

m.

Locations and number of dumpsters; and

n.

Landscaping.

(4)

Site plan drawings. All site plan drawings shall adhere to the following standards:

a.

All dimensions shown on the site plan shall be shown in feet and decimal fractions to the nearest one-hundredth and all bearings in degrees to the nearest minute; and

b.

All site plans shall be drawn to one of the following scales:

c.

Multiple sheets. When a site plan consists of multiple sheets, the first sheet shall contain an index listing all of the included sheets.

d.

Page size. All site plans shall be prepared in a manner to allow printing at the following dimensions:

11 inches by 17 inches

24 inches by 36 inches

Plans submitted for final approval and stamping shall be 24 inches by 36 inches.

(5)

Concurrency review. All site plans shall be reviewed to ensure water, wastewater, transportation, and public school capacity is available.

a.

Water, wastewater, and transportation facilities. A binding concurrency application shall be submitted as part of all major, minor, and utility only site plan reviews except those for residential developments requiring a subdivision plat. For those residential developments requiring a subdivision plat, a non-binding concurrency application shall be provided.

b.

Public school facilities. For all residential developments which do not require a subdivision plat, a binding letter, or similar document, issued by the Polk County School Board indicating available public school capacity shall be submitted. For all residential developments requiring a subdivision plat, a non-binding letter, or similar document, issued by the Polk County School Board indicating available public school capacity shall be submitted.

Non-residential projects are exempt from providing documentation regarding available public school facilities.

(6)

Completeness of plans. Completeness of site plans shall be determined within seven (7) days by the economic opportunity and community investment director, or his/her designee, and if complete shall be released for staff review pursuant to the paragraph below, and a completeness letter shall be issued to the applicant.

Where the proposed development involves only the expansion of existing structures, or the construction of minor accessory structures, the economic opportunity and community investment director, or his/her designee, may reduce or waive certain criteria, data, or other submission requirements upon consultation with the City engineer.

(7)

Staff review of site plans.

a.

Members of City staff, as identified by section 21-439(c) of this Code, shall review the site plan with specific regard to the codes and ordinances of the City of Winter Haven, and either approve the site plan or deny the site plan and provide written comments to the applicant. Review times for site plan review cycles shall be established by the economic opportunity and community investment director.

b.

Revised plans. After receiving staff review comments, the applicant shall resubmit to the economic opportunity and community investment director, or his/her designee, revised site plans in which all concerns of the staff have been addressed. Subsequent site plan reviews shall follow the same review process as set forth by section 21-439(c)(5) of this Code. Should a site plan not receive approval after the third review submittal, a mandatory meeting with the City's development review committee shall be required prior to making submittal for the fourth review, and any necessary subsequent reviews. The City engineer may waive this meeting requirement upon receipt of a written request by the applicant.

(8)

Affordable housing projects. Site plan reviews for affordable housing projects, as defined by F.S. § 163.3177(6)(f)(3), shall be marked as "affordable housing," and prioritized for immediate review. Site plan review fees for designated affordable housing shall be waived or reduced in accordance with the following:

a.

If one-hundred (100) percent of the proposed units meet the definition of affordable, all site plan review fees shall be waived.

b.

If a minimum of sixty (60) percent of the proposed units meet the definition of affordable, seventy-five (75) percent of all site plan review fees shall be waived.

c.

If up to sixty (60) percent of the of the proposed units meet the definition of affordable, fifty (50) percent of all site plan review fees shall be waived.

(d)

Approval of site plans. When all staff comments have been adequately addressed, and all applicable City, state and federal regulations have been met, a development approval certificate from the economic opportunity and community investment department will be issued.

(1)

Upon approval of a site plan, four (4) hard copy sets of the complete, approved site plan shall be submitted for stamping.

(2)

No building permit shall be issued until such time as a development approval certificate has been issued by the planning division.

(3)

All building and construction permits issued for any project requiring site plan review shall be consistent with the approved site plan and development approval certificate. These approvals shall not under any circumstances be construed to waive or otherwise diminish the applicable City requirements for construction or installation of structures or materials. Whenever a conflict between the site plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail.

(4)

Approved site plans shall remain valid for a period of eighteen (18) months after final approval. A building permit must be obtained or horizontal site work must begin during that time. A single extension of the site plan approval, of up to twelve (12) months, may be granted by the economic opportunity and community investment director upon receipt of a written request to extend the site plan approval no later than thirty (30) days prior to expiration of the site plan.

(e)

Modification of site plans. Any modification, variation or adjustment of an approved site plan shall require resubmittal of the site plan for a minor review. Any such amendment shall be consistent with all applicable provisions of this Code and shall be reviewed, as appropriate, following the same review process as set forth by section 21-439(c) of this Code.

Upon approval of any revision to a site plan, the economic opportunity and community investment director, or his/her designee, shall stamp and date the most recent version of the site plan, showing the approved change, and mark all previous copies as "void."

(f)

Integration with other review procedures. Any on-site or off-site work required as part of an approved site plan that will be constructed in stages or which requires a variance or special use approval, shall be coordinated as set forth below:

(1)

Site development constructed in stages. The applicant shall submit a proposed construction staging plan, including a schedule for completion of all improvements for any development where site work will not be constructed as a single stage. This plan shall be logical and consistent with the purposes of this Code and the approved site plan, and at a minimum, shall address site grading, erosion control, stormwater management, internal traffic circulation, utility connections, and any other design elements required by the City engineer. Once a construction staging plan has been approved, no land may be used and no building may be occupied except in accordance with such plan.

When necessary to ensure timely completion of same and to effectuate the intent of this Code, the economic opportunity and community investment director, or his/her designee, may stipulate that any or all portions of the required utility connections and extensions, landscaping, buffer yards, parking, drainage or erosion control facilities be provided during the first construction stage of development, even though portions thereof may lie outside the stage. Each stage, at a minimum, must include adequate utilities, parking, drainage facilities, landscaping, and all other features needed to serve that portion of the development.

(2)

Off-site improvements. Where the applicant is required to provide off-site improvements, such as traffic signals, turn lanes, sidewalks, easements, right-of-way, and utility lines, the economic opportunity and community investment director, or his/her designee may require such improvements to be in place upon completion of any stage of the development, when necessary to ensure timely completion of same and to effectuate the intent of this Code. No final certificates of occupancy (CO) shall be issued until any and all off-site improvements required by an outside agency have either been completed and accepted by the appropriate agency or that agency provides written consent to allowing the issuance of a final CO and the economic opportunity and community investment director concurs with same and all other requirements and/or provisions of this Code relating to the issuance of a final CO are met.

(3)

Variances. Those developments requiring the granting of a variance by the development special magistrate from a regulation of this Code in conjunction with site plan review shall have the appropriate request acted upon by the development special magistrate. This shall include existing development sites, proposed for expansion or reconfiguration, which are nonconforming to any requirement of this Code. The site plan may be reviewed concurrently with review and action on the variance request, but the site plan shall not be approved until any such variance has been approved.

(4)

Special use approvals. For developments requiring special use approval, a request for such approval shall be submitted to the planning commission and shall be approved prior to final approval of the site plan. A site plan and a special use approval request may be processed concurrently.

(g)

Development site to be unified.

(1)

Internal division of ownership. Except as provided in this section, the development site shall remain unified by title under one (1) owner, or by multiple owners holding a percentage interest in the site as a whole. Where a development site consists of two (2) or more existing lots under the same ownership, these shall be viewed as a single property. Any future subdivision of such property shall comply with this section and other applicable provisions of this Code.

Where spatial division of ownership within a development site is proposed, the owners of all component properties shall accept the following conditions in receiving site plan approval:

a.

No individual property will be used or developed in any way which is not consistent with the approved site plan.

b.

Development rights on each parcel are combined with those of the balance of the development site, and no separate development proposals will be considered by the City unless the development site can be divided in accordance with the provisions of this Code.

c.

No parcel of land within a development site shall be subdivided, sold or otherwise conveyed for the purpose of new development which is not authorized under the approved site plan.

All owners of property within the development site shall authorize one (1) person, designated as the applicant, to represent them collectively with City officials regarding all matters related to the site plan and development site.

(2)

External ownership. When the development site is part of a larger parcel of property, of which a portion is not intended to be included within the site plan, this unused area shall become a separate lot meeting any relevant size and dimensional requirements of this Code.

(3)

Development site to be complete. Generally, the development site shall be designed to provide all required amenities and facilities, including buffer yards, landscaping, parking and stormwater retention. Required features shall not be located off site or on adjacent properties which are leased, rented, or otherwise proposed for use on an informal basis. However, off-site parking may be allowed under the provisions of section 21-143 of this Code. Drainage and retention facilities may be waived or located off site with the approval of the City engineer in accordance with section 21-161 of this Code.

(4)

Division after approval. No development site, once granted site plan approval, shall be divided except through the site plan amendment process established in subparagraph (e) above of this Code.

(h)

Construction activities. Upon approval of a site plan, the issuance of all other required permits from agencies with jurisdiction, and commencement of construction activities, site work is expected to proceed in accordance with acceptable industry standards until completion.

(1)

Suspension of construction activities by the developer. Should the developer of a project subject to an approved site plan stop construction activities for a period of six (6) months or greater from the last inspection date, the developer shall comply with the following requirements prior to resuming construction on the project:

a.

Schedule a meeting with the City engineer, or his/her designee; and

b.

Payment of engineering re-inspection fees; and

c.

Removal of any pressure pipe, which has been installed and remained unpressurized for a period exceeding nine (9) months, and replaced with new pressure pipe.

(2)

Abandonment of development project. Any project where there have been no construction activities for a period of eighteen (18) months from the last inspection date shall be deemed abandoned. Upon a project being declared abandoned, the economic opportunity and community investment director shall provide notice to the applicant and engineer of record stating that the project has been declared abandoned.

a.

Abandoned projects shall require a new site plan be submitted for review prior to resuming construction on the project.

b.

All water, wastewater, and transportation capacity reserved for the project shall be voided and designated as capacity available for all developments.

c.

Should no response be received from the project's applicant within three (3) months of being notified their project has been declared abandoned, the site, at a minimum shall be stabilized and restored to prevent erosion and sediment from leaving the development site.

(i)

Enforcement. Failure to submit a required site plan or comply with an approved site plan, or any of the conditions of such approval, shall be subject to enforcement through procedures adopted by the City's safe neighborhoods division in coordination with the City engineer; however, the City engineer shall have the authority to issue a stop work order for any development activities occurring without an approved site plan or not in accordance with an approved site plan.

(Ord. No. O-01-31, § 1, 5-14-01; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12; Ord. No. O-24-23, § 1(Exh. A), 8-26-24)