The planning and community development director shall supervise and administer all staff activities regarding comprehensive planning, zoning, development review, and code enforcement. He or she shall perform duties prescribed by this Code, as well as any others assigned by the City Manager or the City Commission. The planning and community development director shall be duly qualified for these responsibilities through appropriate education and work experience. The planning and community development director shall have a thorough knowledge of the provisions of the comprehensive plan and this Code, and shall have the authority to interpret the intent and meaning of this Code in situations where its applicability is not clear. Appeals of administrative decisions of the planning and community development director may be made to the appropriate board or commission.

(a)

Advise and cooperate with the City Manager in the implementation, amendment and enforcement of this Code and the comprehensive plan.

(b)

Accept and process all applications for amendments to the comprehensive plan, this Code, and variances.

(c)

Evaluate each application for a development order to determine whether it meets applicable concurrency requirements.

(d)

The planning director, or his/her designee, shall be a member of the technical review committee (TRC). The TRC is a staff committee of the City of Winter Haven, which meets once per week, or as needed, to review site plans prior to permitting. The TRC is made up of one (1) representative from the engineering division, one (1) fire official, one (1) building official and one (1) planner.

(Ord. No. O-00-09, Art. 8 (8.01.01), 4-24-00)

(a)

The building official shall be responsible for review of building construction plans, the issuance of building permits and certificates of occupancy, and the inspection of construction-sites and buildings under construction. He or she shall have a working knowledge of the applicable laws, rules and regulations established by the State of Florida, Polk County, and the local codes adopted by the City of Winter Haven, relating to contracting, permitting, zoning and all others that have a direct bearing on building construction. The building official shall be licensed as required under Chapter 468, Florida Statutes.

(b)

The building official shall be responsible for issuing permits for signs; temporary uses, such as tents; and other permits as decided by the City commission.

(c)

The building official, or his/her designee, shall be a member of the technical review committee (TRC).

(Ord. No. O-00-09, Art. 8 (8.01.02), 4-24-00)

(a)

Any new construction, alteration of an exterior wall of a structure, increase in cubical content, size, shall require a permit. The building official, as required by Florida Statutes, shall issue permits to every person, contractor, subcontractor, or entity before the commencement of all work regulated by Federal, State, or local licensing, or before the commencement of any work or improvements where the cost of materials exceeds one thousand dollars ($1,000.00).

(b)

Every activity specified in paragraph (a) above shall require the submission of an application for a construction permit. Said application shall contain the documentation required for the type of work to be accomplished and shall be in accordance with the applicable contractor's permitting package, which has been established by the planning department, fire department, public works department, and the building safety division, and which may be revised or amended from time to time.

(Ord. No. O-00-09, Art. 8 (8.01.02.01), 4-24-00)

(a)

No building or structure, or part thereof, shall be occupied or used until a certificate of occupancy has been issued by the building official.

(b)

No building or structure, or part thereof, shall be changed to, or occupied by, a use of a different kind unless a certificate of occupancy is first obtained for the new or different use.

(c)

Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures, or uses of land are in conformity with the applicable provisions of this Code.

(d)

Accessory buildings or structures shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the site plan and when completed at the same time as such dwelling.

(e)

Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in the process of erection or alteration, provided that such temporary certificate shall not be effective for a period in excess of six (6) months, and provided further that such portion is in conformity with this chapter.

(f)

No certificate of occupancy shall be issued until permanent and proper number or address letters shall be displayed. Such numbers or letters shall be visible and legible from the street. Where the principal entrance of the building is clearly visible from the street, numbers or letters must be posted on the building over or near the principal entrance so as to be legible from the street. Where the principal entrance is not clearly visible from the street, numbers or letters must be affixed to a structure located at the intersection of the street and the building entrance way.

(g)

A new building shall not be occupied or a change be made in occupancy or the nature or the use of a building or part of a building until after the fire official has conducted a fire code inspection of such building, and the building is found to be in compliance with the fire code and the fire official has signed the required certificate of occupancy.

(h)

The fire official shall require a copy of building plans, specifications, and drawings drawn to scale with sufficient clarity and detail to indicate the type, nature and character of the work of all fire protection and fire equipment systems. The fire official shall have a minimum of five (5) working days for reviewing such plans.

(Ord. No. O-00-09, Art. 8 (8.01.02.02), 4-24-00; Ord. No. O-00-28, § 1(L), 10-2-00)

The duties and responsibilities of the City engineer under this chapter shall include, but not be limited to, the following:

(a)

Provide technical information and assistance to the planning and community development director in the interpretation and application of this chapter.

(b)

Make necessary interpretations to determine the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(c)

Review all subdivision proposals and other proposed developments to determine whether such proposals will be reasonably safe from the base flood.

(d)

Make all corrections and updates to the official zoning map, future land use map, the existing land use map, the map series for the comprehensive plan and fulfill all other mapping requirements of the planning department.

(e)

The City Engineer or his/her designee, shall be a member of the technical review committee (TRC).

(Ord. No. O-00-09, Art. 8 (8.01.03), 4-24-00)

A minor field adjustment is a deviation from a final development order or permit that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. The building official may recommend to the Planning and Community Development Director that minor field adjustments be made in accordance with the following guidance:

(a)

Reduction of a setback or a yard area or open space associated with any single structure by not more than ten (10) percent. In this circumstance, the following standards shall be adhered to:

(1)

The setback requirement is established by the zoning district classification and no other section of this Code;

(2)

The total structural coverage of the lot or building site shall not exceed that allowed by the zoning district;

(3)

The approval would not result in the encroachment of a structure into an existing utility or drainage easement held by the City.

(b)

Alteration of the location of any road, walkway, or landscaping by not more than five (5) feet.

(c)

If a construction project is found to require more than two (2) minor field adjustments, the Planning and Community Development Director may require a revised site plan from the applicant showing the deviations and an amendment of the permit or the development order to reflect the actual development conditions. The Community and Economic Development Director may, however, refer any minor field adjustment that significantly affects the development's compliance with the purposes of this Code to the Development Special Magistrate.

(d)

A record of all minor field adjustments shall be maintained in the offices of the Planning and Community Development Director.

(Ord. No. O-00-09, Art. 8 (8.02.01), 4-24-00; Ord. No. O-00-28, § 1(M), 10-2-00; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)

(a)

Functions, powers and duties.

(1)

Act as local planning agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes, and perform all functions and duties prescribed in the statute.

(2)

The planning commission shall have the power to review and approve special use requests in order to allow uses that are specifically designated as an "S" in Table of Land Uses, Table 21-32(A) of this Code. The procedure for filing an application for a review is found in article VII, section 21-412, "special use approval."

(3)

Review information on population, property values, the land economy, land use and other information necessary to assess the amount, direction and type of development to be expected in the City.

(4)

Advise and make recommendations to the City commission regarding applications for amendments to the official zoning map and requests for conditional uses or other special designations on property within the City.

(5)

At the request of the planning and community development director, interpret and determine the intent of provisions of this Code that are unclear or in conflict with other regulations.

(6)

Consider the need for revision or addition of regulations in this Code, and recommend changes to the City commission.

(7)

Consider the need for revision of the comprehensive plan and recommend changes to the City commission.

(b)

Appointment of members.

(1)

The planning commission shall have nine (9) members, to be appointed by the City commission.

(2)

Each member of the planning commission shall reside or be a property owner in the City.

(3)

Each member shall be appointed to a three-year term. In the event that all members are appointed at the same time, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, and three (3) members shall be appointed for a term of three (3) years.

(4)

When the unexpired term of any member becomes vacant for any reason, the City commission shall fill the vacancy by the appointment of a new member.

(5)

All members shall serve until their successors are appointed.

(6)

Members may be removed without notice and without assignment of cause by a majority vote of the City commission.

(7)

At the first meeting held after February 1 of each year, the planning commission shall elect a chairman, vice-chairman and such other officers as deemed necessary. The chairman, or in his absence the vice-chairman, shall preside over all meetings of the planning commission. Officers terms shall be in accordance with the by laws of the planning commission.

(8)

The chairman may establish subcommittees and appoint members as needed to carry out the purposes of the planning commission.

(9)

Members shall not be compensated, but may be reimbursed, at the discretion of the City commission, for travel and other expenses incurred on planning commission business.

(10)

If any member fails to attend three (3) successive meetings, the planning commission may declare the member's office vacant and notify the City commission.

(11)

The planning commission may adopt and maintain by laws that are not inconsistent with the provisions of this Code.

(c)

Procedures.

(1)

The planning commission may adopt procedures to carry out its purposes. All rules must conform to this Code, other City ordinances, and State law.

(2)

The planning commission shall meet at least once each month, unless a meeting is canceled by a decision of the planning commission at a regular meeting or by decision of the chairman.

(3)

The commission shall keep minutes of its proceedings, indicating at a minimum, the attendance of each member, a summary of any public comments made, and the decision on every item of business before it.

(4)

Five (5) members shall constitute a quorum.

(5)

Each decision of the planning commission must be approved by a majority vote of the members present at a meeting in which a quorum is present and voting.

(Ord. No. O-00-09, Art. 8 (8.03.01), 4-24-00; Ord. No. O-00-28, § 1(N), 10-2-00; Ord. No. O-02-32, § 2, 8-12-02; Ord. No. O-24-32, § 2(Exh. B), 8-26-24)

(a)

Intent. The intent of this section is to create a position called "development special magistrate" with the authority to act and render administrative decisions on requests for variances and other matters as set forth below and in the City's Code of Ordinances, from established land development regulations and other regulatory matters.

(b)

Appointment and removal.

(1)

The development special magistrate shall be an attorney, who possesses an outstanding reputation for civic pride, interest, integrity, responsibility, and business or professional ability. Appointments shall be made by the City commission on the basis of experience or interest in local government matters.

(2)

Appointment shall be made for a term at the discretion of the City commission. The development special magistrate may be reappointed at the discretion of the City commission. There shall be no limit on the number of reappointments that shall be given to the development special magistrate provided, however, that a determination be made for each special magistrate at the end of each of his terms.

(3)

The development special magistrate serves at the pleasure of the City commission and the City commission shall have the authority to remove the development special magistrate with or without cause. The City commission may enter into an agreement with the development special magistrate further defining the scope, conditions and timing of removal.

(4)

The development special magistrate shall not be a City employee.

(5)

The development special magistrate shall be compensated at a rate to be determined by the City commission and the City commission may enter into an agreement with the development special magistrate further defining the scope and conditions of compensation, provided however that the City commission may not, under any circumstance, condition payment of compensation on the outcome of any matter that may come before the development special magistrate for adjudication.

(c)

Conduct of hearing and minimum procedures.

(1)

Application. An application for a variance or other matter necessitating an appearance before the development special magistrate shall be submitted sixty (60) days prior to being set for a regularly scheduled meeting agenda. The property owner and applicant, if different, must sign the application.

(2)

Application filing fee. Applicants will pay a fee, as set by the City commission, when the application is submitted.

(3)

Notification. When and at such time as an application to appear before the development special magistrate is made, the application shall be filed with the planning division. The planning division shall comply with all public hearing requirements under local and state law.

(4)

Public hearing.

i.

Failure of the applicant and/or the applicant's representative to appear at the advertised public hearing. The development special magistrate may continue and table an application to its next regularly scheduled hearing if there is no applicant and/or representative in attendance to address an application at the noticed public hearing. Failure of the applicant and/or representative to appear at the second public hearing may result in the denial of the application. The development special magistrate application fee is nonrefundable.

ii.

The City clerk, or his/her designee, shall administer oaths to all witnesses.

iii.

At the hearing, any interested person may be heard upon the subject matter of any application. Members of a specific group or association are requested to appoint a spokesperson who will represent their collective position. Interested persons other than the City and applicant shall not be entitled to any substantive quasi-judicial right or privilege, such as the right of cross examination, other than the ability to be heard. The development special magistrate may, in his/her sound discretion, impose reasonable time limits on the testimony of interested persons, the City and the applicant.

(5)

Decisions and/or recommendations. The development special magistrate shall, for all applications, reduce to writing his/her findings of fact, his/her conclusions of law and his/her decision as to granting of an application, granting of an application with conditions, or denying an application in an appropriate order.

(6)

Automatic expiration of relief. Applications for relief that are granted by the development special magistrate and not acted upon within one (1) year of being granted shall automatically expire.

(7)

Written records. Minutes shall be kept of all hearings by the development special magistrate, and all hearings shall be open to the public. The planning division shall provide clerical and administrative personnel as may be reasonably required by the development special magistrate for the proper performance of his/her duties. The minutes of all proceedings, decisions and/or recommendations of the special magistrate shall be made public record on file in the office of the City clerk.

(d)

Powers. The development special magistrate shall have the following powers:

(1)

To establish rules and regulations not inconsistent with the provisions of this section or other local or state law.

(2)

To hear and decide matters assigned by Ordinance of the City of Winter Haven.

(3)

To grant dimensional variances, which only include the height or width of a structure or the width, depth or size of yards, where,

i.

By reason of the exceptional narrowness, shallowness or unusual shape of a lot, parcel of land or a site, or trees in buildable area;

ii.

By reason of exceptional topographic conditions; or

iii.

By reason of some other extraordinary situation or condition related to the site, the literal enforcement of this Code would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners undertaking similar, permitted development in the same zoning district, after finding each fact and condition requirement in section 21-422 of this Code to have been met.

(4)

To table or continue a hearing on an application if additional information is needed or requested by the development special magistrate.

(5)

To, in any order, prescribe appropriate conditions and safeguards in conformity with the City's land development regulations and ordinances. Violation of such conditions and safeguards, when made a part of the terms of an order, shall be deemed a violation of this Code. The development special magistrate may also prescribe a reasonable time limit within which the action for which the order concerns shall be begun or completed or both, provided however that under no circumstances shall the special magistrate enter an order allowing a use not permitted in the parcel in question's applicable zoning district of the City's land development regulations. Nonconforming use of neighborhood lands, structures or buildings in the same zoning district shall not be considered grounds for the authorization of a variance. Financial loss standing alone is not sufficient justification for a variance.

(e)

Reapplication. An application for the reconsideration or rehearing of an application which has been previously acted upon by the development special magistrate may be made in the same manner as provided for at original consideration or hearing. However, no appeal or petition by applicant requesting the same relief or approval for the same property shall, without a substantial change as determined by the development special magistrate, be accepted for reconsideration or rehearing for a period of three (3) months following the date of any action taken by the special magistrate.

(f)

Rehearing.

(1)

All decisions of the development special magistrate are final. Applications, once acted upon, may not be reheard unless the applicant can demonstrate that the decision resulted from an error in substantive or procedural law, or provides new evidence or information not discoverable prior to the initial hearing. A different or more effective presentation of the same evidence or information shall not be considered grounds for a rehearing. Provided that grounds for rehearing exist, either the City or the applicant may request a rehearing of the decision of the development special magistrate. A request for rehearing shall be made in writing, and shall be delivered to the City clerk within ten (10) days of the date of rendition of the order sought to be reheard. The written request for rehearing shall specify the precise reasons therefor.

(2)

If, after review of a timely written request for rehearing, the development special magistrate determines a rehearing should be granted, the development special magistrate or alternate development special magistrate may:

i.

Schedule a hearing where the parties will be given the opportunity to present limited evidence or argument as to the specific reasons for which the rehearing was granted; or

ii.

Modify or reverse the prior order, without receiving further evidence, provided that the change is based on a finding that the prior decision of the development special magistrate resulted from a ruling on a question of law which the development special magistrate has determined to be an erroneous ruling.

(3)

Until the request for rehearing has been denied or otherwise disposed of, the order of the development special magistrate shall be stayed, and the time for taking an appeal shall not commence to run until the date upon which the development special magistrate has finally disposed of the request for rehearing by denying the same or otherwise.

(g)

Appeals. An aggrieved party, including the City, may appeal a ruling or order of the development special magistrate or alternate development special magistrate by proceeding in the circuit court for the county, in accordance with the Florida rules of appellate procedure. an appeal shall be filed within thirty (30) days of the execution of the order to be appealed. The nature of the appeal shall be from a final administrative order.

(h)

Ex parte provisions.

(1)

No person who is or may become a party or a witness to a hearing before the development special magistrate shall communicate with him/her concerning any matter pending before him except at the hearings provided for in this section. This restriction shall extend to any person appearing or interceding on behalf of a party, whether or not such person may have a direct, personal or financial interest in the property which is the subject of the alleged violation.

(2)

The development special magistrate shall not communicate with any party, witness, representative of a party, or interceding person concerning any matter pending before him except at the hearings provided for in this section.

(i)

Alternate development special magistrates. The City commission may appoint one (1) or more qualified persons to serve as alternative development special magistrates in the event a conflict of interest under Florida law or the Rules Regulating the Florida Bar prevents the development special magistrate from ruling in a particular matter.

(Ord. No. O-00-09, Art. 8 (8.03.02), 4-24-00; Ord. No. O-01-10, § 2, 3-12-01; Ord. No. O-01-55, § 7, 10-8-01; Ord. No. O-12-19, § 4(exh. A, pt. II), 5-29-12; Ord. No. O-24-32, § 2(Exh. B), 8-26-24)

(a)

Adopt and amend the comprehensive plan, including future land use map.

(b)

Adopt and amend the unified land development code, including official zoning map.

(c)

Appoint members of the planning commission.

(d)

Determine the need for and appoint members of additional boards, committees and subcommittees to investigate and make decisions on various land use and development issues.

(e)

Establish, by resolution, fees for comprehensive plan amendments, zoning actions, conditional use reviews, review of requests for variances, review of applications for special exceptions, subdivision plan review, planned unit development review, development agreement review, landscape plan review, review of sign applications and other activities carried out under the provisions of this chapter.

(f)

Make final decisions on requested changes to the comprehensive plan, zoning ordinance and map, planned unit developments, conditional uses, and other special designations on property within the City.

(g)

Make final decisions on acceptance of public improvements constructed pursuant to the platting of approved subdivisions.

(h)

Consider voluntary annexation requests.

(i)

Consider requests to redirect traffic and to close, abandon, or vacate alleys, streets, and other recorded rights-of-way.

(j)

The City commission shall have the power to hear and decide on appeals where it is alleged there is an error in any order, requirement, decision or determination made by the administrative official in the enforcement of this Code. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision or determination, which is appealed, by filing with the administrative official from whom the appeal is taken, a notice of appeal specifying the grounds therefore.

(k)

Appoint and contract with a development special magistrate and alternative development special magistrates.

(Ord. No. O-00-09, Art. 8 (8.03.03), 4-24-00; Ord. No. O-00-28, § 1(O), 10-2-00; Ord. No. O-02-32, § 3, 8-12-02; Ord. No. O-12-19, § 4(exh. A, pt. II), 5-29-12; Ord. No. O-24-32, § 2(Exh. B), 8-26-24)

To facilitate development of affordable housing within the City, any request providing for the provision of affordable housing, as defined by section 163.3177(6)(f)(3) of the Florida Statutes, shall be entitled to the incentives offered below.

(a)

Expedited review. Any development identified as providing affordable housing, and requiring an action, as set forth in Chapter 21 of the Code of Ordinances, by the planning commission, City commission, or development special magistrate, shall follow an expedited schedule for hearing.

(b)

Reduced fees. Any development identified as providing affordable housing shall be subject to reduced or waived application fees in accordance with the following:

(1)

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

(2)

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

(3)

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

(Ord. No. O-24-32, § 2(Exh. B), 8-26-24)

(a)

The official zoning map is hereby attached and made an integral part of this Unified Land Development Code of the City of Winter Haven, Florida. The boundaries of the several zoning districts shown on the official zoning map or series of maps, together with all of the regulations in this Code that are applicable in such districts, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map(s). All notations, references and other information properly inscribed upon the official zoning map are hereby incorporated and made a part of this Code.

(b)

The official zoning map may only be amended by ordinance after due public notice and a public hearing. Prior to the presentation to the City Commission of an ordinance proposing to amend the official zoning map, the proposed change or addition to a zoning district shall be reviewed and recommended for approval by the planning commission.

(c)

Within sixty (60) days of action by the City Commission, the official zoning map shall be amended to reflect all approved changes in zoning classifications.

(Ord. No. O-00-09, Art. 8 (8.04.00), 4-24-00)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply. The legal description advertised for public hearing purposes on a zoning action or variance on any parcel of property shall override any and all of the rules for interpretation of district boundaries.

(a)

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(c)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(d)

Boundaries indicated as following shore lines shall be construed to follow the high water line, and in the event of a lowering of the water level shall be construed as moving downward to the current water level;

(e)

Boundaries indicated as following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines; and

(f)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) above shall be so construed.

(g)

Whenever any street, alley or other public way is vacated by official action of the commission the use, district and area regulations governing the property abutting upon each side of such street, alley or public way shall be automatically extended to the center of such vacated area and all area included within the area shall thereafter be subject to all appropriate regulations of the extended use districts.

(Ord. No. O-00-09, Art. 8 (8.04.01), 4-24-00)

All amendments, changes or additions to this chapter shall be brought before the planning commission of the City of Winter Haven for consideration. The planning commission shall vote on whether or not to recommend a change to this Code and shall forward its recommendation to the City Commission. This Code shall be amended by ordinance.

(Ord. No. O-00-09, Art. 8 (8.05.00), 4-24-00)

(a)

No change in land use classification or designation, zoning classification or designation, variance, plan amendment or amendment to this Code, may be considered by the Planning Commission or Development Special Magistrate or the City Commission until due public notice has been given of a public hearing or regular meeting open to the public. Florida Statutes, section 166.041 and others, contain all of the laws regarding public hearings and should be referred to before any advertising is undertaken. Provided further that all Planning Commission and Development Special Magistrate meetings shall be noticed using three (3) methods of public notification. The notification shall take place a minimum of fifteen (15) days prior to the public meeting. The three (3) methods of notification shall include the following:

(1)

A legal advertisement shall be placed in a local newspaper of general circulation in the City, fifteen (15) days prior to the Planning Commission/Development Special Magistrate meeting at which action is contemplated.

(2)

A larger sign measuring eighteen (18) inches by twenty-four (24) inches to replace the existing 11-inch by 17-inch sign shall be posted on the property or area subject to Planning Commission and/or Development Special Magistrate action. On larger properties, multiple signs are to be posted on the property (i.e., one (1) sign every three hundred (300) feet).

(3)

Written notification of the proposed action will also be mailed by regular United States Mail to all property owners located within a 500-foot radius of the area or property subject to the request fifteen (15) days prior to the Planning Commission/Development Special Magistrate meeting at which action is contemplated. The list of property owners shall be generated and provided by the applicant filing the request. For properties located on a lake, all property owners abutting the lake will be included in the notification.

(b)

All ordinances acted on by the City must be read on two (2) separate days and shall, at least ten (10) days before adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(Ord. No. O-00-09, Art. 8 (8.06.00), 4-24-00; Ord. No. O-03-53A, § 1, 9-8-03; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)

There are two (2) general types of comprehensive plan amendments: text amendments and map amendments (large- and small-scale). All requests for plan amendments shall be submitted in writing to the planning and community development director, together with applicable fees, which will have been established by resolution of the City Commission. Specific regulations for plan amendment applications are detailed in article VII, div. 2. Plan amendments may be submitted by the City to DCA no more than twice yearly for review according to the procedures established in Chapter 163 F.S., except small scale amendments. See section 21-506 for specific regulations regarding small scale amendments.

(Ord. No. O-00-09, Art. 8 (8.07.00), 4-24-00)

As outlined in section 163.3184, F.S., a public hearing is required when proposing to adopt an ordinance to amend the comprehensive plan, and to transmit a proposed amendment by resolution to DCA. According to State law, the following sections (a) and (b) must be adhered to:

(a)

This public hearing shall be held on a weekday at least seven (7) days after the day that the first advertisement is published. The intention to advertise and hold a second public hearing when the amendment comments are returned from DCA, shall be announced at the first public hearing.

(b)

The advertisement must state the title of the ordinance, rather than specify that the local government proposes to change the use of land, as was required by the 1994 Growth Management Act.

(c)

Except for amendments which change the text of the comprehensive plan, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposal. The map shall include major street names as a means of identification of the area.

(Ord. No. O-00-09, Art. 8 (8.07.01), 4-24-00)

Immediately following the public hearing, the City shall transmit six (6) copies of the plan amendment and attached evaluation and appraisal report to DCA for written comment. The City shall transmit one (1) copy to each of the following:

Central Florida Regional Planning Commission;

Southwest Florida Water Management District;

Florida Department of Transportation; and

Florida Department of Environmental Protection.

(a)

DCA will notify the local government and other agencies, and any other person who has requested notice of an affirmative decision by DCA to review the amendment, within thirty (30) days of receipt of complete amendment.

(b)

Upon receipt of State agency comments, DCA shall have forty-five (45) days to provide its own written comments to the City, stating its objections to the plan amendment, if any, and recommendations for modification.

(Ord. No. O-00-09, Art. 8 (8.07.02), 4-24-00)

Upon receipt of DCA comments, the City shall have sixty (60) days to adopt the ordinance to amend the comprehensive plan as proposed or with changes. According to State law, the following sections (a) and (b) must be adhered to:

(a)

A public hearing shall be held for adoption ordinance to amend the comprehensive plan, and shall take place on a weekday approximately five (5) days after the advertisement is published.

(b)

At this public hearing, the City commission shall vote to transmit the adopted ordinance to DCA for final compliance review.

(Ord. No. O-00-09, Art. 8 (8.07.03), 4-24-00; Ord. No. O-00-28, § 1(p), 10-2-00)

(a)

The City commission shall transmit the adopted ordinance to DCA within ten (10) days of adoption. Upon receipt of the adopted ordinance, DCA shall have forty-five (45) days to review and determine whether or not the plan amendment is in compliance with Chapter 163, F.S. During this period, DCA shall issue a notice of intent (NOI) indicating a finding of compliance or noncompliance.

(b)

If DCA finds the amendment not in compliance, the NOI is forwarded to the division of administrative hearings for a hearing pursuant to section 120.57 F.S. The hearing officer assigned by the division shall submit a recommended order to the Administration Commission for final agency action.

(c)

If the Administration Commission (Governor and Cabinet) finds that the plan amendment is not in compliance with this Act, the Commission shall specify remedial actions which would bring the comprehensive plan or plan amendment into compliance.

(Ord. No. O-00-09, Art. 8 (8.07.04), 4-24-00)

Plan amendments that are defined as "small scale amendments" are exempt from the annual quota allowed by DCA and do not have to be submitted to DCA for review. The amendment is adopted by ordinance and must be sent to DCA, the Regional Planning Council, FDOT, FDEP and SWFWMD as notification that a small scale amendment has been adopted. DCA will not issue a notice of intent for a small scale amendment.

(a)

Small scale plan amendments are defined by Florida Statutes as:

1.

Encompassing the use of ten (10) or fewer acres of any land use category;

2.

Residential densities are limited to ten (10) or fewer units per acre;

3.

Does not involve the same property more than once per year;

4.

Does not involve the same owner's property within two hundred (200) feet of property granted a land use change within the past twelve (12) months;

5.

Does not include any text change to the plan's goals, objectives, and policies;

6.

Is not located within an area of critical State concern; and

7.

The local government can approve the amendment without exceeding its yearly maximum of eighty (80) acres of small scale amendments.

(b)

Proposed small scale plan amendments are heard by the planning commission and are recommended to the City commission. Then the amendments are heard at a regular meeting of the planning commission and are heard at two (2) readings of the ordinance by the City commission. The amendments become law after the waiting period for the ordinance has expired, which is thirty-one (31) days after adoption.

(c)

The newspaper advertisement may be of any size, and may appear in any portion of the newspaper. There is no requirement for a headline of the advertisement. The newspaper advertisement must state the title of the ordinance which adopts the amendment. The local government is required to mail a notice to each real property owner affected by the proposed amendment.

(d)

Challenges will be heard by the Division of Administrative Hearings. In any action brought under this section, the DCA may intervene and become a party if granted that right by the hearing officer. If the hearing officer recommends that the amendment be found "in compliance," and DCA agrees, the DCA will enter the final order. If DCA does not agree, the recommended order will be forwarded to the Administration Commission (Governor and Cabinet) for rendering the final order.

(Ord. No. O-00-09, Art. 8 (8.07.05), 4-24-00)

All resolutions, ordinances and records involving permitted land uses, development regulations and development approval are hereby declared to be public information and shall be maintained in an orderly fashion by the planning and community development director or his/her designee(s). Such materials shall be available for public inspection between the hours of 8:00 a.m. and 5:00 p.m. on weekdays at the offices of the planning department. Copies shall be made available at a price reflecting the City's reproduction costs.

(Ord. No. O-00-09, Art. 8 (8.08.00), 4-24-00)

The City commission shall, by separate resolution, establish and revise as necessary a schedule of fees for zoning changes, review/approval of plans, administrative approvals, and other actions undertaken under the provisions of this Code. All fees shall be set, at a minimum, at levels that cover the City's costs of administration, inspection, and enforcement.

(Ord. No. O-00-09, Art. 8 (8.09.00), 4-24-00)