(A)

While both development permits and development orders are defined as development orders by state law, development permits are distinguished for purposes of this code as approvals for actual construction or installation.

(B)

The procedures in this part shall be followed whenever a development permit (e.g. building permit) is necessary to implement the provisions of this code and/or a specific part of an approved development order, such as a subdivision plat, site development plan or planned development.

Development orders are required by this code as a prerequisite for any development activity within the city. This part establishes procedures and standards for review for development orders

The wellfield protection permits require approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.01.

Application for a development permit within an area of special flood hazard shall be made to the Administrator on forms furnished by the department prior to any development activities and may include, but not be limited to, the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following is required:

(A)

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

(B)

Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;

(C)

Certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure meets the flood-proofing criteria;

(D)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(E)

A floor elevation or flood-proofing certification after the lowest floor is completed. Within 21 calendar days of establishment of the lowest floor elevation or flood-proofing by whatever construction means or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Administrator a certification of the elevation of the lowest floor, flood-proofed elevation or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the 21-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Administrator shall review the floor elevation survey data submitted. Deficiencies detected by the review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make the corrections required hereby, shall be cause to issue a stop-work order for the projects.

(A)

A storm water management plan shall be submitted with all applications for approval of a proposed development. The storm water management plan shall contain sufficient information to allow the Site Plan Review Committee to determine whether the proposed development meets the requirements of this code.

(B)

The following specific information shall be submitted:

(1)

A recent aerial photograph encompassing the project and total land areas considered in developing the storm water management plan. The scale shall be no smaller than one inch equals 200 feet;

(2)

A topographic map of the site clearly showing the location, identification and elevation of bench marks, including at least one bench mark for each major water control structure. The contour interval of the topographic map shall be not greater than one foot;

(3)

An overall project area map showing existing hydrography and runoff patters and the size, location, topography and land use of any off-site areas that drain onto, through or from the project area;

(4)

A soils map of the site (existing U.S. Soil Conservation Service soil survey maps are acceptable);

(5)

Seasonal high water-table elevations shall be determined and the information provided;

(6)

A map of vegetative cover only if wetlands are present. (This information may be shown on the aerial or soils map);

(7)

A map showing the locations of any soil borings or percolation tests. Percolation tests representative of design conditions shall be performed if the storm water management system will use swales, percolation (retention) or exfiltration (detention with filtration) designs;

(8)

Grading plans specifically describing the interface of the proposed development with abutting properties;

(9)

Paving, road and building plan showing the location, dimensions and specifications of roads and buildings (including ground or slab elevations);

(10)

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used and maintenance provisions;

(11)

Channel, direction, flow rate and volume of storm water that will be conveyed from the site, with a comparison to natural or existing conditions;

(12)

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans and predictions of surface water quality changes;

(13)

Areas of the site to be used or reserved for percolation, including an assessment of the impact on groundwater quality where the proposed development is within a primary or secondary cone of influence of a public water well;

(14)

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths and water-surface elevations or hydrographs;

(15)

Any off-site rights-of-way required for the proper functioning of the system;

(16)

Drainage basin or watershed boundaries identifying locations of routes of off-site waters onto, through or around the project;

(17)

Right-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the storm water management system;

(18)

The location of off-site water resource facilities such as surface water management systems, wells or well fields that might be affected by the proposed project, showing the names and addresses of the owners of the facilities;

(19)

The entity or agency responsible for the operation and maintenance of the storm water management system; and

(20)

A copy of the approved Southwest Florida Water Management District Environmental Resource permit or proof of exemption, shall accompany all plan submittals.

(C)

Building permit applications for construction activities which disturb more than five acres must be accompanied by a copy of the notice of intent to discharge under the general construction permit requirements of the National Pollutant Discharge Elimination System Program (US Environmental Protection Agency). Applicants shall be informed that a copy of the storm water pollution prevention plan must be maintained on site until completion of construction.

(D)

Drainage plan requirements.

(1)

Applicant shall provide a signed and sealed plan that sets forth the finished floor elevation (FFE).

(2)

Applicant shall provide the elevations ten feet from the property line on the adjacent property.

(3)

Applicant shall set forth any retention needs and proposed improvements, if any.

(4)

Applicant shall provide an engineer's site approval letter that states that the site, in its entirety was built according to plan. The letter shall be provided to the Building Department prior to the issuance of a certificate of occupancy, so that city may ensure that the property was graded correctly.

(5)

In the event that the applicant property owner's lot is part of an existing subdivision with a previously approved drainage plan, then he or she shall be exempt from the requirements of this section.

(Ord. 974-07, passed 4-9-2007)

Telecommunication antennas and towers shall conform to the development standards prescribed in part 7.09.00 and a conditional use permit in accordance with level three review as prescribed in the article. Additional procedures and submission requirements pertaining to permits for telecommunication antennas and towers are prescribed in this section.

Special exceptions may be permitted in zoning districts as prescribed in Table 2.02.01 and subject to level two review. Special exceptions may be authorized by the Planning Commission only after a complete showing of compliance with the standards specified both in this section and all other applicable sections of the Land Development Code.

(A)

A conditional use is a use not permitted as a matter of right. The approval of the City Council must be obtained in accordance with level three review prior to the commencement of any conditional use and further, the conditional use may only be located in zoning districts in which conditional uses are identified as possible uses of property.

(B)

The approval of the City Council shall be in a written form issued to an applicant after the completion of a review process as set forth below.

The requirements of the community development district application, notice and hearings and operating requirements shall be as set forth in F.S. Ch. 190.

(A)

City Commission shall designate a hearing officer to conduct public hearings as provided for in this article and in accordance with the procedures prescribed in this part.

(B)

When a written request for a hearing before a Hearing Officer has been filed pursuant to this code, the hearing officer shall conduct a public hearing to consider this matter.

This article sets forth the application and review procedures required for obtaining a development order and certain types of permits. This chapter also specifies the requirements for appeals, code amendments and Comprehensive Plan amendments.

(A)

No development allowed by this code, including accessory and temporary uses, shall be established or changed, no structure shall be erected, constructed, reconstructed, altered or moved and no building used, occupied or altered with respect to its use after the effective adoption date of this code until there is first on file and approved by official city action a site plan or subdivision plat for the premises and a final development order has been secured. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance or regulation in compliance with all of the terms of this code or any other applicable law.

(B)

Pursuant to the provisions of Florida Statutes and other regulations as provided by law, the requirements of this article shall apply to all land now or hereafter within the incorporated area of Zephyrhills, Florida. No application for a building permit for the construction of a principal building on a parcel of land in the incorporated area shall be granted unless a plat including the parcel of land has been approved by City Council and recorded in the official records of Pasco County or unless the request meets one of the exemptions listed in this code.

When a change in use is proposed for existing development, an application for approval of change of use shall be filed with the Administrator.

The City Council shall, by resolution, establish a schedule of fees for expenses relating to administration of this code. The Administrator shall be responsible for advising interested parties of the current schedule of fees.

The city shall submit to the Pasco County Planning Department for their review, copies of any proposed development of regional impacts, Florida quality developments, Comprehensive Plan amendments and planned unit developments, which it receives for projects proposed within one-half mile of their mutual borders. The city shall request from Pasco County copies of any proposed development of regional impacts, Florida quality developments, Comprehensive Plan amendments, planned unit developments and master planned unit developments which they shall receive for projects proposed within one-half mile of their mutual borders.

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a hearing.

(A)

After a development permit or development order has been issued, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the development permit or development order without first obtaining a modification of the development permit or development order.

(B)

A modification may be applied for in the same manner as the original approval.

(C)

A written record of the modification shall be entered upon the original development permit or development order and maintained in the files of Administrator.

Any request for amendment to the text of this code, the schedule of district regulations or the zoning atlas that was denied by the City Council shall not be resubmitted for review and consideration until a minimum of one full year has passed, measured from the date the request was denied. Unless waived by the City Council, the one year prohibition on the resubmission shall be extended by any period during which the denial is subject of litigation or appeal initiated by the applicant. If a new but similar request is submitted for review and consideration prior to the completion of the year, the Administrator shall review the request to determine if the following changes have been made:

(A)

The request is a minimum of 25 percent less intense in terms of fewer units, if residential or contains a minimum of 25 percent less square footage or a 25 percent lower floor area ratio of nonresidential;

(B)

If the same intensity as described in division (A) above, the project height and/or lot coverage has been reduced; or

(C)

The concerns raised by staff, the public, and/or the reviewing body as reasons for the denial, may have been corrected.

(A)

In addition to the exceptions to the one-year resubmittal and consideration requirements referenced above, the City Council may reconsider its denial of a request for amendment to the text of this code, the schedule of district regulations or the zoning atlas, for reasons of:

(1)

Mistake; and/or

(2)

Fraud or misrepresentation.

(B)

In the case of fraud or misrepresentation regarding an action by the City Council, the City Council may upon its own motion, on the grounds of a mistake, fraud or misrepresentation reconsider its denial anytime prior to and including the date and time for its second regularly-scheduled land use meeting to be held after the denial. A petitioner may request, on the grounds of a mistake, fraud or misrepresentation, reconsideration of denial. Any such request shall be submitted in writing to the City Council no later than 15 days prior to the date and time set for the second regularly-scheduled land use meeting held after the denial. The City Council shall give reasonable notice to the petitioner of the date and time it establishes to review his or her request or the Board's motion, for reconsideration. If reconsideration is granted, the Board shall establish a hearing date for the reconsideration.

(C)

In the case of fraud or misrepresentation regarding an administrative action and when the specified appeal period has expired and no appeal was filed, the Administrator may reopen and reconsider determinations made concerning nonconformities. In cases where it is reasonable to conclude that there was: (1) misrepresentation; (2) fraud; or (3) mistake, the following procedure shall be used:

(1)

The Administrator shall notify the affected property owner that the previous decision is being reconsidered. Written notice shall be provided by proof of mailing to all owners-of-record of property immediately adjacent to the property, including the owner of those properties that may be separated by a road;

(2)

Anyone so noticed, including the affected property owner, shall be given 30 days in which to supply the Administrator all the materials to be used in making a determination. The parties shall have the right to appeal the Administrator's decision to reopen the matter, before a new determination is made;

(3)

The Administrator may, if necessary, hold a meeting with appropriate parties to discuss the materials;

(4)

Within a reasonable period of time, the Administrator shall make a written determination and shall send the written determination to all parties who previously received notice; and

(5)

The normal 30-day appeal period will be in effect following the written decision.

Development permits may be issued by the Administrator after a finding by the Administrator that the proposed development activity complies with all applicable provisions of this code and other applicable regulations.

(A)

A request for a development permit shall be initiated by filing an application and submittals as prescribed in this article and on forms provided by the Administrator and by the paying of appropriate fees.

(B)

Supplemental design standards for specified uses as prescribed in Article VII shall augment the standards and criteria otherwise required within the LDC. Compliance with these supplemental standards shall be determined during development review, when possible and shall not require any additional procedural steps or review processes. Those specified uses not requiring site development or subdivision review shall be reviewed by the Administrator for compliance with these standards prior to the issuance of permits.

Applications and submittals for development permit review which are determined to be incomplete may be delayed or terminated as prescribed herein unless appropriate information is submitted to bring application into conformance with submittal requirements herein. Upon a finding of incompleteness, the Administrator shall notify the applicant of the action.

Within 30 business days (excluding county holidays) of receipt of a complete application, unless otherwise specified herein, the Administrator shall review the application and decide whether to grant or deny the requested development permit. The Administrator's decision shall be based on whether the proposal complies with all applicable provisions of this code and other county regulations. The Administrator's decision shall be in writing.

Appeals of the decision of the Administrator shall be filed in accordance with Article XII.

Applications for building permits shall satisfy all of the following requirements:

(A)

An application for a building permit shall require that a valid development order be on file for the project giving rise to the permit application. Applications for building permits shall be submitted to the Building Department and may be submitted simultaneously with the application for final site plan approval; however, permits shall not be issued until final site plan approval is granted and the development order issued. Should an application for final site plan approval be found incomplete the building permit application shall not be processed.

(B)

Development orders may specify conditions to be met during the construction of a project or prior to issuance of a certificate of occupancy. The conditions shall be made a part of the building permit.

(C)

All conditions of the development order shall be satisfied prior to conducting the final building inspections. It shall be the responsibility of the Building Official to withhold final inspection and notification of electric utility to initiate service until all conditions of development have been met. In no case shall the final inspection be completed until all conditions are satisfied.

(D)

A check list shall be completed providing for signature of appropriate city officials to verify compliance with all criteria and conditions, prior to final inspection and authorization for permanent electric service. (NOTE: The intent of this provision is to guarantee that a project does not receive authorization for permanent electric service or certificates of occupancy until all development conditions are met.)

(E)

Applications for building permits for additions and remodelings shall require a valid development order for the proposed use of the building. Building permits shall not be issued unless compliance with requirements of this code are met, including, but not limited to, requirements regarding expansion of nonconformities, storm water management and floodplain protection.

(F)

Applications for building permits shall be processed by the Building Department, however, the Director of Development shall verify that a valid development order is on file prior to issuance of the permit or shall verify that the property is lawfully exempt from the development order requirement. The Director of Development shall also verify that requirements of this code have been met.

(G)

Proof of receipt of any required permits (or notice of exemption) for driveways, sewer and water connections, SWFWMD, FDER, FDOT, HRS and DNR (as applicable) shall be required for issuance of a building permit. (NOTE: Requirements for final development order approval include proof of the required permits.)

(H)

The Administrator shall review the application to determine if the levels of service prescribed by Article V of this code are maintained. Building permits shall not be issued which degrade the adopted level of service.

Prior to the submittal of any application for subdivision review, a determination shall be made by the Administrator regarding the type of subdivision review required in accordance with the provisions of part 6.01.00 of this code. Subdivisions classified as (1) Certified Parcel Review or (2) Platted Subdivision with No Improvements shall be reviewed under the procedures described in this section.

Where a division of land qualifies for certified parcel subdivision review, the Administrator shall certify parcels and the subdivision of the parcels in accordance with the following procedures:

(A)

The applicant shall make application for parcel certification or for certification of the subdivision of a parcel into no more than three lots or parcels, on forms provided by the Administrator and shall provide the information as set forth by the Administrator.

(B)

All parcels to be certified and the subdivision of the parcels shall be reviewed for compliance with all applicable regulations, including, but not limited to, wetlands, upland habitat, access and zoning.

(C)

Within five working days of the filing of the application, the Administrator shall approve, approve with conditions or deny the application and the applicant shall be notified in writing of the action.

(D)

Upon review and approval of a certified parcel subdivision, the Administrator shall attach the following notation to the record: "The lot(s) hereby described: (insert or refer to the legal description(s)) is a subdivision of a certified parcel as certified by the Administrator and may not be further subdivided under the provisions for subdividing a certified parcel."

(E)

In any instance where a folio number has not previously been assigned to a certified parcel, the Administrator shall ensure that the number is assigned and made part of the permanent record.

(A)

Platting shall be required for subdivisions of ten lots or less, no improvement facilities proposed or required, not meeting the certified parcel subdivision requirements. The plat shall meet the survey standards as set forth in F.S. Ch. 177 and the Florida Administrative Code, for platting requirements and shall be prepared, signed and sealed by an individual registered by the state as a professional land surveyor.

(B)

Within three working days of receipt of the submittal package, copies of the package shall be forwarded to the reviewing entities specified by the Administrator. Reviewing entities shall have five working days to complete their review and return their comments and the project shall either be approved, disapproved or require resubmittal.

(C)

In the event that land comprising all or part of an existing subdivision plat of record is proposed as all or part of a new subdivision, all or part of the existing plat shall be vacated through City Council resolution prior to the approval of the final plat. City Council approval of vacating any plat, either in whole or in part, shall be contingent upon a showing that the persons making the application for the vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated. It must be further shown that the vacation by the City Council will not affect the ownership or the right of convenient access of persons owning other parts of the subdivision.

(D)

Upon approval by the Administrator or action by the City Council as prescribed in division (C) above, the applicant shall cause to be prepared a final plat meeting all of the survey standards as set forth in F.S. Ch. 177 and the Florida Administrative Code and suitable for recording and provide the recordation fee.

(E)

Upon receipt of certification from the Administrator that the final plat meets all state and local technical requirements, the Presiding Officer of the City Council has the delegated authority to approve and sign the final plat.

(F)

The approved final plat shall be recorded with the Clerk of the Circuit Court within five working days of the Presiding Officer's approval. Building permits shall not be issued until after plat recordation.

An application for a sign permit shall be reviewed pursuant to the procedures prescribed in this part and as specifically required as follows:

(A)

No person shall paint, erect, demolish, alter, rebuild, enlarge, extend, relocate, attach to, suspend from or supported by a building or structure, any sign unless a permit for the sign has been issued by the Administrator or unless the sign is specifically exempted from permit requirements.

(B)

No permit shall be required to change the advertising copy or message on signs which are specifically designed for the use of replaceable copy.

(C)

It shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of a sign permit without the prior written approval of the Administrator. A written record of the approval shall be entered upon the original permit application and maintained in the files of the Administrator.

(D)

No person shall erect, construct, maintain, alter, relocate, demolish, repair or paint or do any work upon any sign for which a permit has not been obtained.

(E)

Any repair work on a sign of a structural nature shall require a separate permit. Simple, non-structural maintenance of a sign shall not require a permit.

(A)

(1)

For each permit issued, the Administrator shall furnish to the applicant a sign tag which shall have printed or impressed thereon:

(a)

City of Zephyrhills sign permit;

(b)

An identifying number thereof;

(c)

The month, day and year of its issuance;

(d)

The sign erector's name;

(e)

The sign's height; and

(f)

The sign's permitted area.

(2)

The permittee is responsible for maintaining a valid permit tag on each permitted sign at all times.

(B)

On signs having support members constructed of wood or on signs whose sign face is of an irregular surface on which an identification tag would not adhere, the sign erector shall permanently affix a metal plate to the support member of sign face or other structural member which is located closest to the street or roadway adjacent to the sign. The plate shall be no smaller than four inches by six inches and shall be located at least four to six feet above grade. The permittee is responsible for affixing the identification tag to this plate.

(C)

Balloon signs shall contain a pouch or pocket to hold the sign tag, located for easy inspection.

(D)

The permit tag shall be securely attached in such a manner as to be plainly visible from the street or roadway.

(E)

The absence of an identification tag or number shall be prima facie evidence that the sign is being operated in violation of the provisions of this code.

(F)

The permit will become void unless the permit tag is properly displayed at the permitted site within 30 days after the date of permit issuance.

(A)

All signs for which a permit is required by this code are subject to inspection by the Administrator. If an electrical inspection is required, it shall be the duty of the sign permit holder to first obtain an electrical permit and pay the appropriate electrical permit fee as required by the city.

(B)

Upon notice from the Administrator, any work that is being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner shall be immediately stopped. The notice shall be in writing and shall be given to the owner of the property or to his or her agent or to the person doing the work and shall state the conditions under which work may be resumed. Where an emergency exists, written notice shall not be required to be given by the Administrator but must be given subsequently within five working days.

(C)

Whenever a reinspection of any stage of work is made necessary because of the work not being ready for the inspection requested or because of inaccessibility of the work to be inspected or because corrections are necessary for the work to be approved, the reinspection will not be made until a reinspection fee, established by resolution of the City Council, has been paid to the city.

(D)

Upon notice from the Administrator that the street address or street address range is not in compliance with these regulations, written notice shall be given to the owner of the property or to his or her agent or to the person doing the work and shall state the conditions that need to be corrected.

(A)

Permits to authorize installation of potable water systems, including fire hydrants, shall be processed by the Administrator. Potable water systems shall meet the following requirements:

(1)

The potable water system shall be designed and constructed to deliver the level of service required in the city's Comprehensive Plan.

(2)

Applicable permits shall be secured from the Florida Department of Environmental Protection (FDEP).

(A)

Permits to authorize installation of wastewater collection systems shall be processed by the Administrator pursuant to the following requirements:

(1)

The wastewater collection system shall be designed and constructed to deliver the level of service required in the city's Comprehensive Plan.

(2)

A permit shall be secured from FDEP to authorize the wastewater collection system expansion.

(B)

Permits to authorize installation of on-site septic systems for residential use shall be submitted to Pasco County Health Department only when extension of the public wastewater collection system is determined to be infeasible by the Administrator and confirmed by City Council.

(A)

Permits to authorize installation of drainage or storm water management systems shall be reviewed by the Director of Public Works. Permits may be issued by the Administrator pursuant to the following requirements:

(1)

The storm water management system shall comply with the requirements prescribed in part 7.08.00 of this code;

(2)

The storm water management system shall comply with the level of service requirements prescribed by the city's Comprehensive Plan; and

(3)

A permit shall be secured from the Southwest Florida Water Management District (SWFWMD).

(B)

The Administrator may upon concurrence of the Site Plan Review Committee defer to the SWFWMD review as the basis for the issuance of the city's permit. In such event, the city's permit shall specifically reference the SWFWMD permit and all appropriate plans and specifications shall be incorporated into the city's records pertaining to the development order.

(A)

Permits for roads, road improvements, right-of-way utilization, sidewalks, parking lots, loading areas, driveways and any other parts of access, circulation and parking systems shall be reviewed by the Director of Public Works. Permits may be issued by the Administrator pursuant to the following requirements:

(1)

The transportation system shall be designed to provide the capacity to meet level of service requirements consistent with the city's Comprehensive Plan;

(2)

The transportation system shall comply with the requirements prescribed in part 7.03.00 of this code; and

(3)

A permit(s) shall be secured from the Florida Department of Transportation (FDOT) where required by statute or rule pertaining to the state highway system.

(C)

The Administrator may upon concurrence of the Site Plan Review Committee defer to the FDOT review as the basis for the issuance of the city's permit. In such event, the city's permit shall specifically reference the FDOT permit and all appropriate plans and specifications shall be incorporated into the city's records pertaining to the development order.

Permits to authorize installation of street lights shall be reviewed by the Director of Public Works. Permits may be issued by the Administrator upon a finding that the action is in compliance with this code and other applicable city ordinances, standards and policies.

The procedures in this part shall be followed whenever this code provides as such for review of specific types of proposed development.

The following types of development activity are exempt from the development order process:

(A)

Single-family and duplex dwellings are excluded from the development order process where they are being constructed on an existing lawfully platted lot and are being developed in harmony with surrounding development. This provision does not exempt single-family and duplex dwellings from the necessity to acquire building or other permits.

(B)

The following types of alterations are exempted from securing a development order. This does not exclude any structure from acquiring building or other permits.

(1)

Temporary uses of land may be allowed, subject to the receipt of a special permit from the Administrator and need not apply for nor receive a development order.

(2)

The following uses are included:

(a)

Temporary storage of materials, for a period not to exceed 180 days; and

(b)

A temporary and/or portable structure, for a period not to exceed one year.

(A)

Applications are considered at meetings of the Site Plan review Committee (SPRC) without need for a public hearing. However, the applicant or his or her representative may be present. Applications subject to level one review are prescribed by Table 11.00.01 and include:

(1)

Preliminary site plans;

(2)

Improvement (construction) plans related to subdivision plats and site plans;

(3)

Improvement agreements related to subdivision plats and site plans; and

(4)

Recommendations for level two and level three reviews.

(B)

The following types of applications are processed for final decision by the SPRC, but to require a "notice of intent to approve":

(1)

A preliminary site plan which is being proposed for a gross density exceeding 3.3 dwelling units per acre or additional intensity in the form of nonresidential development.

(C)

A "notice of intent to approve" the proposed development shall be provided to adjacent property owners. The applicant shall provide addressed, stamped envelopes to the Director of Development who shall provide the notice which shall summarize the standards and findings which justify the decision. The notice shall invite persons to submit information relevant to the standards that are pertinent to the proposal within ten working days following the date of the notice, giving reasons why the application should not be approved or proposing modifications believed necessary for approval according to the standards. The notice shall advise the recipient of the right to request a public hearing before the Planning Commission, provided however, that the recipient agrees to be present and verbally present his or her case at the public hearing. The notice shall also advise the recipient of the right to appeal the decision.

(D)

The SPRC shall review and consider any information received as a result of the notice of intent to approve, make a finding for each point in dispute and present those findings to the Planning Commission in accordance with the procedures prescribed for a level two review.

(A)

Applications processed for final review and approval by boards or other appointed bodies established by part 10.02.00 of this code are considered at advertised public hearings of the respective board.

(B)

All applications considered by any board established under part 10.02.00 shall first be reviewed by the SPRC and recommendations of the SPRC provided to board.

(C)

The following types of applications shall be processed for final decision by the Planning Commission shall process for final decision any preliminary site plan for which a public hearing has been requested following notice of intent to approve by the SPRC. The Planning Commission shall make recommendations on any matter requiring City Council review under this code.

(D)

The Board of Adjustment shall process for final decision all special exceptions as prescribed by part 2.02.00 and in accordance with the standards prescribed in Part 7.09.00 of this code.

(A)

Applications which require legislative City Council action pursuant to the provisions of this code include the following:

(1)

Preliminary plats;

(2)

Vacation of public rights-of-way or easements or plats;

(3)

Mobile home park plans;

(4)

Recreational vehicle park plans;

(5)

Light industrial park plans;

(6)

Airport development district plans;

(7)

Conditional uses;

(8)

Zoning map amendments;

(9)

Planned unit developments;

(10)

Development agreements;

(11)

Community development districts;

(12)

Land Development Code amendments;

(13)

Comprehensive Plan amendments; and

(14)

Final plats and final site plans.

(A)

An applicant or the applicant's authorized representative shall request that the Administrator to arrange a preapplication conference, unless the applicant and the Administrator agree that the conference is not needed. The conference shall be held at least four calendar days before submittal of an application for development order. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the code, provide for an exchange of information regarding applicable elements of the Comprehensive Plan, the Land Development Code and other development requirements and to otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.

(B)

The applicant, at his or her own discretion, may bring a sketch plan of the proposed development. However, the purpose of the preapplication conference is:

(1)

To discuss procedures and requirements;

(2)

To determine the type of review required; and

(3)

To consider the elements of the site as they relate to the proposed development.

(C)

The preapplication conference shall not be construed to grant any preliminary approval nor to bind the actions or recommendations of the city or Administrator, except to agree that the proposed use of the property is appropriate according to the Comprehensive Plan and to determine whether it is reasonable to expect that the proposed development can be accommodated on the site in full compliance with the requirements of this code.

Application for any development order shall be made in writing by the owner(s) of the property for which it is sought (or by the owner's designated agent) and shall be filed with the Director of Development. The following basic materials shall be submitted before an application will be considered complete and formally accepted under the provisions of this section:

(A)

A standard application form shall be completed, signed by all owners of subject property and notarized. Signatures by other parties will be accepted only with proof of authorization. In a case of corporate ownership the authorized signature shall be accompanied by a notation of the signer's position in the corporation and embossed with the corporate seal.

(B)

The application fee shall be paid in full in accordance with the current fee schedule.

(C)

Evidence of ownership or control of the subject property shall be provided. A copy of the recorded deed, title insurance policy or similar document which adequately certifies controlling interest and bears a specific legal description of the property will satisfy this requirement. This legal description will be checked against the ones provided on the application and survey discrepancies shall be resolved and documented before final approval can be granted.

(D)

A survey, no more than one year old or recertified by original surveyor no more that one year prior to application, is required, to include the following information:

(1)

Legal description of subject property which should be consistent with the description found on the certificate of title;

(2)

All recorded public and private easements and rights-of-way, within and adjacent to the parcel, labeled as to type;

(3)

Total area of the property in square feet and acres;

(4)

Base flood elevation, if applicable; and

(5)

Signature and seal of a registered professional surveyor.

(E)

Preliminary or final site plans, preliminary plats or improvements plans as described in subsequent sections with any required supporting documentation.

(F)

Two copies of the most recent available aerial photograph of the site and surrounding area shall be provided.

Reserved.

Reserved.

Reserved.

Reserved.

(A)

Seven sets of application materials shall be submitted to the Director of Development. Materials shall be stamped with the date of submission on each copy.

(B)

Within three working days from the date of submission, the reviewing officer shall determine whether an application is complete.

(1)

If the application is incomplete (required items are not provided) or otherwise does not conform to the submission requirements of this code, the applicant shall be notified in writing. The application shall not be processed and shall be returned to the application for revision and resubmission.

(2)

If the application is complete and in conformance with the submission requirements of this code, the application shall be accepted. The date of acceptance shall be indicated on the application form and the applicant notified. The date of acceptance is the official date of application.

(C)

The Director of Development shall transmit one copy of the application, together with supporting documentation, to each member of the SPRC.

(D)

The Director of Development shall notify the Administrator to schedule consideration of the application at a regularly scheduled meeting of the SPRC. Members of the SPRC shall have a minimum of two working days for review prior to the meeting.

(E)

If the application requires consideration by an appointed board (level two review) or by the City Council (level three review), the Director of Development shall indicate the tentative meeting dates at which the application will be considered by each body following consideration and recommendation at the SPRC meeting.

(F)

If the application requires review by Pasco County or by any other governmental jurisdiction, the Director of Development shall transmit copies of the material to the reviewing agency.

(G)

If an application requires a public hearing and notice, the Director of Development shall ensure that the applicant complies with applicable notice requirements.

(H)

Recommendations and decisions rendered by each reviewing authority shall be based upon the application, supporting documentation, compliance with standards and requirements of this code, comments from reviewers and approvals required by other agencies.

(I)

Applications shall be recommended/ approved, recommended/approved with conditions or recommended for denial/ denied by the each reviewing authority. Notice of the decision shall be provided to the applicant within five working days following the decision.

(J)

Development orders (final site plan or final plat) shall not be issued until specified conditions have been satisfied. Conditional approvals of preliminary plats or plans shall expire 90 days after notice to the applicant of the conditional approval.

(K)

Final development orders shall not be issued without proof of permit issuance or exemption by SWFWMD, FDER, FDOT, HRS and DNR as appropriate. The requirement for the applicant to pursue permit issuance or notice of exemption shall be noted on the preliminary plat or plan approval.

(L)

When an appeal is filed in a timely manner by an aggrieved person other than the applicant, the development order shall not be released until a decision is rendered on the appeal.

Reserved.

(A)

Failure of the applicant, agent or holder of a development order to comply with or honor any express requirement of this code or express representation contained within the site plan or development order either before or after commencement of construction shall constitute grounds upon which:

(1)

The city may deny or refuse initial or further development orders;

(2)

The city may, if a health or safety problem exists, discontinue any utility or service; and/or

(3)

The city may refuse to further process any permit or certificate of occupancy in connection with development order;

(B)

In the event that a preliminary site plan is required for a particular premises, building or structure in compliance with requirements found in this or other sections of this code, the final site plan shall be submitted within, but no later than 180 days after approval of the preliminary site plan. The preliminary site plan shall be deemed automatically cancelled after 180 days and the process shall be initiated in the same manner as if no prior application had been filed. Neither obligation nor reliance shall be had by any person on the basis of prior approval of a preliminary or final site plan which has been automatically cancelled due to failure of the applicant or agent to comply with this section.

(C)

A development order shall be cancelled unless within six months after the approval becomes effective, construction is substantially commenced in accordance with an approved final site plan as evidenced by poured footers, slab foundations or road base construction. Thereafter the construction shall continue to completion without interruption, otherwise the development order may be cancelled by the Building Official upon official certified notice to the holder of the development order and after a reasonable opportunity to be heard has been afforded to the holder. Interruption is evidenced by six months or more of construction inactivity on the development site. In the event of cancellation pursuant to this section, the premises affected shall not be used or occupied without first applying for and obtaining approval of a new development order in accordance with this code.

(A)

A final development plan or plat shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:

(1)

Increases the maximum residential density or otherwise deviates from the residential density approved in the preliminary development plan or plat by more than five percent;

(2)

Increases the maximum floor area or otherwise deviates from the floor area to be devoted to any residential or nonresidential use approved in the preliminary development plan or plat by more than five percent;

(3)

Increases height by more than five percent;

(4)

Decreases the area approved for public and private open space or otherwise deviates from the public and open space requirements by more than five percent or changes the general location of the areas as approved in the preliminary development plan or plat;

(5)

Relocates approved circulation elements to any extent that would decrease the ability of the elements to function efficiently, adversely affect their relation to surrounding lands and circulation elements or would reduce their effectiveness as buffers or amenities;

(6)

Significantly alters the arrangement of land uses within the site;

(7)

Violates any provision of the codes and ordinances applicable to the proposed planned development; or

(8)

Departs from the preliminary development plan in any other manner which the Administrator shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed development.

(B)

If the Administrator finds that any final development plan or plat submitted for review does not substantially conform to the approved preliminary plan or plat, the final development plan or plat must either:

(1)

Be modified to achieve substantial conformance; or

(2)

Be resubmitted as a preliminary plan or plat subject to the procedures described in this article.

Changes in approved development orders may be permitted by the Administrator on application by the original applicant or successors in interest, but only upon making a finding that the changes are:

(A)

In accord with all applicable regulations in effect at the time of, as modified in the amending action;

(B)

In accord with all applicable regulations currently in effect; and

(C)

In accord with all the conditions and requirements specified in the action creating the development order.

(A)

The Administrator is authorized to approve minor changes in the approved plans of development order, as long as they are in harmony with the originally approval, but shall not have the power to approve changes that constitute a major modification of the approval. A major modification shall require approval of the original approving authority and shall be handled in the same manner as the original approval.

(B)

The Administrator may, after reviewing the record of the project and determining that the following conditions are present, quality the change as a minor modification:

(1)

No increase in density or intensity;

(2)

No increase in traffic generation of more than five percent;

(3)

No change in parking areas resulting in a reduction often ten percent or less in the number of required spaces approved nor any increase of more than five percent in the number of required spaces;

(4)

No significant changes in the basic form, if shown on development plan within 200 feet from the boundary nor within 200 feet from any part of the site or district which has been constructed or sold to any owner or owners different from the applicant requesting the change;

(5)

No reduction in the amount of open space/recreation area nor any substantial change in the location or characteristics of open space determined not to be a major modification;

(6)

No substantial changes in location or type of pedestrian or vehicular accesses or circulation determined not to be minor or major modifications, nor any changes in the number of pedestrian or vehicular accesses;

(7)

No increase in structure height of more than five percent;

(8)

No decrease in required yards of more than ten percent;

(9)

The change involves a condition required by the approving authority which merely restates a code requirement without deviation if the regulation allows a waiver or if the regulation subsequently has been amended;

(10)

The change involves a conversion from multi-family to single-family that does not increase external impacts such as, but not limited to, transportation, schools, parks or utilities and is consistent in lot size, coverage and yards with other portions of the development; and/or

(11)

The change does not require the amendment of the specific terms or language of a development order approved by the City Council.

Any amendment or modification to a development order that is not qualified as a minor modification under section 11.02.05.02 above shall be processed as a major modification in accordance with the same procedures required for the original approval.

All requests for review of changes to a development order shall include the information required in the original development order, a location drawing indicating the relationship of the portion to be revised to the entire site or district, if the revision does not include the entire site or district, and, such other information concerning the lot, adjoining lots or other information concerning the lot, adjoining lots or other matters as may be essential for determining whether the provisions of the original development order and this code are being observed. In addition, at the discretion of the Administrator, a drawing indicating the current property ownership within the entire district may be required.

(A)

The provisions of this section apply to all divisions of land into three or more parcels that do not otherwise qualify for "expedited review" under section 11.01.07.02. The administrative requirements of this section, together with the standards and criteria in part 7.02.00 of this code, are intended to ensure that all lands included within subdivisions will be suitable for the various purposes proposed.

(B)

The purpose of regulating the platting of land is:

(1)

To ensure compliance with the procedural and substantive requirements of the Comprehensive Plan, this code and F.S. Ch. 177;

(2)

To minimize or avoid potential development problems associated with the proposed subdivision;

(3)

To incorporate solutions designed to mitigate potential problems;

(4)

To coordinate site planning consistent with city Comprehensive Plans, elements or portions thereof and with existing patterns of development or public improvements; and

(5)

To disclosure of the existence and nature of and the dedication or creation of, streets, easements or other areas and facilities proposed to service the land to be subdivided.

(C)

The procedures established in this section are deemed to be the minimum procedures necessary to assure protection of public safety and welfare.

(A)

The preliminary plat requires approval by the City Council in accordance with level three review as prescribed by Table 11.00.01 and section 11.02.02.03.

(B)

A preliminary plat is intended to provide for a complete review of technical data and preliminary design for proposed subdivisions. A preliminary plat is a graphic representation of the proposed development and locations of individual lots. An approved preliminary plat is a prerequisite for a final plat approval and the submission of improvement plans. A preliminary plat is intended to represent a boundary survey of the proposed subdivision and shall comply with the provisions of Chapter 21 HH-6, Minimum Technical Standards, adopted by the Department of Professional Regulation, Board of Land Surveyors, pursuant to the provisions of F.S. § 472.027.

A preliminary plan at a minimum scale of one inch = 200 feet and meeting the following specifications shall be submitted for review by the Site Plan Review Committee.

(A)

A legend, title and number of revision (e.g. preliminary plan of Northwood Addition, Second Revision), date of preliminary plan or revision, scale of plan, north arrow, acreage in the tract being subdivided, total number of lots, names, addresses and telephone numbers of developer, owner, surveyor and engineer;

(B)

Location map showing relationship between area proposed for subdivision and surrounding development, including current aerial photograph(s) with boundaries of subject subdivision delineated;

(C)

Legal description sufficient to describe the size and location of the tract to be subdivided;

(D)

Master plan of tract designating each phase by number or letter and a heavy line border, preferably over an aerial photograph, at a scale appropriate with the size of the tract;

(E)

Name, location and right-of-way width of all existing streets, other rights-of-way and platted streets within at least 150 feet of the proposed subdivision.

(F)

Name, location, width and proposed street design standards and typical design cross-sections including any streets shown on the adopted roadway improvement plans of Pasco County or the city;

(G)

Proposed and existing easements or rights-of-way for drainage, pedestrian ways, bridle paths or bicycle paths and the like, including location, width and purpose;

(H)

Lot lines and typical lot sizes, lot numbers, and, where applicable, block numbers;

(I)

Sites, if any, for multi-family dwellings showing number of stories, proposed density per gross acre; shopping centers; churches; industry; parks, playgrounds and other public and nonpublic uses and all single-family dwelling acreage showing estimated density per gross acre;

(J)

Existing storm sewers and utility structures on or abutting the tract within at least 150 feet.

(K)

Proposed and existing utilities including electric, street lights, telephone, cable television, gas and the like, with a statement on the method of water supply and sewage disposal.

(L)

Existing improvements including buildings on the tract to be subdivided;

(M)

Location and acreage of natural features including lakes, marshes or swamps, water courses and other pertinent features;

(N)

Gross residential densities of the entire subdivision and for each phase or portion thereof. This date shall be presented in a map format;

(O)

Existing contours at a maximum of one foot intervals, based on mean sea level with a referenced datum identifying the tract to be subdivided and, where practicable, extending a minimum 150 feet beyond the tract boundary;

(P)

Proposed surface drainage with direction of flow and method of disposition with a general description of the relationship of the proposed drainage system to the natural and existing human-made drainage system;

(Q)

Present zoning of subdivision and abutting land. No plans will be accepted or approved without appropriate zoning;

(R)

If individual lot sewage disposal is utilized, a map revealing the distribution of soil types and their intrinsic limiting factors (i.e., high seasonal water tables, shrink swell behavior, presumptive bearing capacity and the like), as they relate to the intended land use scheme;

(S)

A map indicating the intended land use as it relates to flooding where land are within a potential flood hazard area as determined by the city; and

(T)

Proposed areas to be filled or excavated;

(A)

The Site Plan Review Committee shall determine whether the preliminary plat:

(1)

Meets the requirements and standards of the zoning classification applicable to the property which is depicted on the plans;

(2)

Is consistent with the goals, objectives, development standards, guidelines and criteria otherwise established by the code;

(3)

Provides design features which assure the protection of the public health, safety and welfare;

(4)

Is consistent with the goals, objectives, policies, recommendations and development standards set forth in the Comprehensive Plan, relevant element thereof or other land development regulations;

(5)

Is consistent with design standards for public improvements set forth in these or other pertinent development regulations; and

(6)

Provides necessary improvements or facilities.

(B)

The determination shall be made in writing and shall recommend provisions, standards, conditions or design specifications which must be satisfied to assure compliance with the standards set forth above and the implementation of this code.

(C)

The determination shall be finalized within 20 working days after a complete preliminary plat has been accepted for review. The findings and recommendation of the Site Plan Review Committee shall be scheduled for review by the Planning Commission. If a determination has not been made within 20 working days, the plan shall be automatically submitted to Planning Commission for consideration at the earliest regular meeting permitting public notice conforming to the requirements of part 11.18.00.

(D)

The Planning Commission shall conduct a review of the preliminary plat at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public. If the applicant disagrees with the Site Plan Review Committee's determination, he or she may request that the Planning Commission delete or modify specific conditions stating the reasons therefor. In making the request for modifications or deletion, the developer shall clearly demonstrate that conditions, improvements or design specifications imposed are not necessary or that alternative conditions would meet or exceed City standards

(E)

The Planning Commission shall either:

(1)

Concur with the recommendation of the SPRC;

(2)

Concur with modifications; or

(3)

Recommend denial of the preliminary plat. In the event of a recommendation of denial, the reasons for the denial shall be stated by the Planning Commission and made a part of the public record.

(F)

The findings and recommendations of the Planning Commission shall be scheduled for review by the City Council and all records pertaining to the application shall be transmitted for City Council consideration.

(G)

The City Council shall conduct a review of the Preliminary Plat at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC and the Planning Commission along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public. The Planning Commission shall approve the preliminary plat as submitted by the Planning Commission, approve with modifications or deny the preliminary plat. In the event of denial, the reasons for the denial shall be stated by the City Council and made a part of the public record.

(A)

Approval of a preliminary plat shall be in a written form. The written approval and the conditions recited in the approval shall authorize:

(1)

The developer to apply for construction plan review;

(2)

Preparation and filing of the final plat, after construction plan approval; and

(3)

Clearing, grading, filling or excavating in conformity with plans approved under the provisions of this code, provided all other necessary governmental permits or approvals have been obtained.

(B)

It shall be unlawful for any person to convey lots by reference to a preliminary plat. Approval of a preliminary plat shall not be construed as authority for the recording of a plat with the Clerk of the Circuit Court.

(C)

The City Council may also void the preliminary plan if physical improvements are commenced without construction plan approval. All development proposed in voided preliminary plats shall thereafter comply with all regulations currently in effect and shall be reviewed and approved as provided therein.

Any appeal of a decision of the City Council pertaining to a preliminary plat shall be to Circuit Court.

An improvements plan for at least 20 percent of the area subject to the preliminary plat shall be submitted within one year of the date of approval of the preliminary plat and improvements plans for the remainder of the area shall be submitted within five years of the date of approval of the preliminary plat. In the event that the developer does not comply with this provision, the preliminary plat shall be deemed void and approval shall be deemed withdrawn, unless an extension has been obtained from City Council.

Improvement plans for subdivisions require approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.03.

(A)

A plan of proposed improvements shall be submitted following approval of the preliminary plat. It is the intent that the improvements plan reflects compliance with standards and procedures for the installation and maintenance of required improvements, to ensure that services and facilities are provided in such a manner as to ensure the health and safety of the public and to sustain the existing quality of life. These requirements are intended to ensure that all improvements are installed in a timely and efficient manner and that where improvements will be retained in private ownership, the improvements will be maintained permanently in accordance with the requirements of this code.

(B)

In the event improvement plans must be submitted to another jurisdiction or agency to satisfy permitting requirements or to otherwise satisfy the conditions of preliminary plat approval, the applicant shall be responsible for filing all necessary applications and for providing appropriate documentation of the approval or acceptance of the plans. The Administrator may, at his or her discretion and in consultation with the SPRC members, accept the review of another jurisdiction or agency or conduct a review of the improvement plans.

Improvement plans may be submitted in phases or for portions of an area subject to an approved preliminary plat in accordance with a phasing plan or schedule included with and approved as apart of the preliminary plat review.

(A)

An improvement plan shall be submitted in seven copies to the Site Plan Review Committee, which conforms to the following:

(1)

The improvements plan shall be drawn at the same scale, using the same sheet size as for the associated preliminary subdivision plat;

(2)

Multiple sheets may be used; however, sheet number and total number of sheets must be indicated on each sheet;

(3)

The front cover or cover sheet shall include:

(a)

A general vicinity or location map drawn to scale (stated and graphic) showing the position of the proposed subdivision in the section(s), township and range, together with the principal roads, city limits, and/or other pertinent orientation information;

(b)

The name and address of the owner. If a corporation or company is the owner of the subdivision, the name and address of the president and secretary of the corporation shall be shown;

(c)

Name, address and telephone number of those individuals responsible for the preparation of the drawing(s). Each print submitted shall bear the original signature and seal of the registered project surveyor and registered project engineer. The project surveyor and project engineer are each responsible for information shown which is in his/her field or practice and shall certify that requirements of this code have been met; and

(d)

The date of approval of the preliminary subdivision plat and the assigned number of the preliminary plat;

(4)

Each sheet of the improvements plan shall contain a title block showing the subdivision name, stated and graphic scale, a north arrow, date and a legend to explain symbols, abbreviations or other notes; and

(5)

Details shall be shown in plan elevation or section; pictorial or isometric presentation shall not be used. Proposed streets shall include paved access to a designated collector roadway.

(B)

The improvements plan submittal shall include the following information:

(1)

A drainage map showing the complete drainage system including, but not limited to, closed drainage areas, design high water, acreage, the effect on the compatibility of drainage on surface waters, the effect of adjacent lands and existing outfall systems and the complete calculations used to design the system. This information shall be shown on a master drainage plan at a scale not smaller than one inch equal to 200 feet. It is the specific intent of this requirements that rights-of-way for all drainage improvements including, but not limited to, retention ponds, ditches, culverts, channels and the like, required for the drainage of the site for both on-site and off-site improvements shall be provided;

(2)

Soils map and soil infiltration test location and results of test borings of the subsurface conditions (at least one per drainage retention/detention area) of the tract to be developed;

(3)

Paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved and open areas, including size, location and type of drainage facilities and proposed first floor finished elevations of all structures in all 100-year floodplain areas;

(4)

Water distribution and wastewater collection plans and proposed profiles;

(5)

Typical and special roadway and drainage sections and summary of quantities;

(6)

Special profile sheets showing special and unique situations such as intersections and waterways;

(7)

Plans showing existing and proposed improvements if any, to waterways, lakes, streams, channels or ditches, bridges, culverts, retaining walls and any other proposed structures;

(8)

Street names approved by Pasco County;

(9)

Plans shall bear the approval of the appropriate utility authority for proposed street lights;

(10)

Landscaping plans in compliance with this code;

(11)

Written specifications meeting or exceeding all applicable design minimum standards; and

(12)

If construction improvements are not completed prior to recording of a final plat, an improvements agreement shall be provided.

(A)

The improvement plan(s) shall conform to the requirements set forth in part 7.02.00 of this code and all engineering standards and specifications of the city or the standards and specifications of another jurisdiction if required to satisfy the conditions of preliminary plat approval.

(B)

In the event the SPRC finds that the improvement plans are not in substantial compliance with the approved preliminary plat, with the provisions of this code or with the construction standards and specifications established by the city, the SPRC shall reject the improvement plan(s) and return the plan(s) to the applicant along with description of modifications required to achieve substantial compliance.

Approval of improvement plan(s) by the SPRC authorizes the applicant to commence construction of infrastructure and other improvements and file the final record plat.

(A)

Final record plats require approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.03.

(B)

A final record plat is a drawing of the final design and legal description of a plat or a portion of the plat showing the boundaries, locations and dimensions of all lots, rights-of-way, easements and restrictions. The final record plat is for the purpose of providing a perpetual record of the subdivision and for the conveyance of land. The final record plat shall be submitted within one year of approval of the preliminary plat.

(A)

The final record plat shall substantially conform to the approved preliminary plat in all respects except that minor variation in dimensions and alignment resulting from the more exact final computations may be accepted.

(B)

Upon a finding by the SPRC that all required public improvements have been installed or guaranteed and that the final record plat is in substantial compliance with the approved preliminary plat, the final record plat shall be approved for recording.

(A)

Seven copies of the final plat shall be submitted. The final plat shall comply with all requirements of F.S. Ch. 177, Part I and Part 7.02.00 of this code.

(B)

(1)

The record plat shall be drawn with black permanent drawing ink or photographic process on stable base film, a minimum of three mil thickness, using sheets 21 inches by 25 inches.

(2)

Each sheet shall have a margin line completely around the sheet placed to leave a three- inch margin on the left and a one-half inch margin on the other three sides and must be at a legible scale, such as one inch = 50 inches, one inch = 100 inches, one inch = 200 feet.

(3)

Final record plats shall meet all the requirements of F.S. Ch. 177, as amended and shall be so certified by the Florida Registered Land Surveyor.

(C)

Title certification as required by F.S. Ch. 177 shall appear on the record plat.

(D)

The record plat shall contain a narrative note dedicating streets, alleys, and/or other specifically identified public lands to the public.

(E)

The record plat shall contain a narrative note granting utility easements to the city which reads substantially as follows:

(F)

Three check prints and supporting data shall be submitted to the Administrator.

(A)

Within 14 working days following receipt of the check prints, the Administrator will notify the applicant and/or his or her surveyor in writing of any and all deficiencies in the final record plat. The applicant shall correct all deficiencies and submit one print and a reproducible mylar.

(B)

The Administrator will submit the final record plat along with a statement by the SPRC of substantial compliance to the City Council for acceptance and signature of the presiding officer.

(C)

If the City Council has explicitly authorized acceptance of the final record plat upon a certification of substantial compliance as a condition of the preliminary plat approval, the presiding officer may place his or her signature on the final record plat without placing the matter on the City Council agenda. The Administrator shall provide a written report advising the City Council of the action which shall become a part of the public record.

(D)

If authorization to accept the final record plat has not been granted by the City Council within its conditions of preliminary plat approval, the City Council shall consider the final record plat at a regularly scheduled meeting without public hearing.

(A)

It shall be unlawful for any person to record a subdivision plat of lands, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until the subdivision plat has been accepted by City Council.

(B)

Acceptance of the final record plat authorizes the applicant to record the final record plat upon:

(1)

The completion and acceptance of all required improvements; or

(2)

The posting and acceptance of guarantees and sureties as prescribed in section 11.03.05.

(C)

No building permits shall be issued for any property which is depicted upon the subdivision plat until the final record plat is recorded in the public records of Pasco County, Florida and a copy of the recorded plat provided to the Administrator.

(A)

The provisions of this section apply to all proposed subdivisions of lands within the city, including private road subdivisions.

(B)

This section does not modify existing agreements between a developer and the city for subdivisions platted prior to the effective date of this code, providing the agreements are current as to all conditions and terms thereof.

(A)

The approval of any plat shall be subject to the applicant providing assurance that all required subdivision improvements, including, but not limited to, storm drainage facilities, streets and highways, water lines and sewer lines, shall be satisfactorily constructed according to the approved improvement plan.

(B)

The following information shall be provided:

(1)

Agreement that all subdivision improvements, whether required by this code or constructed at the applicant's option, shall be constructed in accordance with the minimum standards and provisions of this code;

(2)

The term of the agreement indicating that all required subdivision improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five years from the recording of the plat;

(3)

The projected total cost for each improvement shall be determined by either of the following:

(a)

Estimate provided by the applicant's engineer; or

(b)

A copy of the executed construction contract;

(4)

Specification of the public improvements to be made and dedicated together with the timetable for making improvements;

(5)

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, the city shall utilize the security provided in connection with the agreement;

(6)

Provision of the amount and type of security provided to ensure performance, pursuant to the provisions of § 2253 below; and

(7)

Provision that the amount of the security may be reduced periodically, but not more than two times during each year, subsequent to the completion, inspection and acceptance of improvements by the city.

(A)

The amount of the security listed in the improvement agreement shall be verified by the Building Official. The amount of security shall be 125 percent of the estimated remaining construction costs.

(B)

Security requirements may be met by but are not limited to the following:

(1)

Cashiers check;

(2)

Certified check;

(3)

Developer/lender/city escrow;

(4)

Interest bearing certificate of deposit;

(5)

Irrevocable letter of credit; and

(6)

Surety bond.

(A)

When improvements are completed, final inspection shall be conducted pursuant to the requirements applicable to each facility or system. Corrections, if any, shall be completed before final acceptance is recommended by the Director of Utilities or Director of Public Works. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one copy of all test results.

(B)

When all required subdivision improvements have been constructed, the developer or the project engineer shall advise the Administrator in writing and request release of the security and improvement agreement. The request shall be accompanied by a certification of project completion signed and sealed by the project engineer, together with an executed maintenance agreement and security, pursuant to the provisions of division (C) of this section.

(C)

A maintenance agreement and security shall be provided to assure the city that all required subdivision improvements shall be maintained by the developer according to the following requirements:

(1)

The period of maintenance shall be one year;

(2)

The maintenance period shall begin with the acceptance by the city of the improvements;

(3)

The security shall be in the amount of 15 percent of the construction cost of the improvements; and

(4)

The original agreement shall be retained by the Building Official.

(A)

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city, a legal entity shall be created to be responsible for the ownership and maintenance of the facilities and/or improvements.

(1)

When the proposed development is to be organized as a condominium under the provisions of F.S. Ch. 718, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

(2)

When no condominium is to be organized, an owners' association shall be created subject to division (B) of this section. All common facilities and property shall be conveyed to that association.

(3)

No development order shall be issued for a development for which an owners' association is required until the documents establishing the association have been reviewed and approved by the City Attorney. The City Attorney shall determine that at a minimum, the owner's association has the following legal powers:

(a)

The authority through common ownership or other sufficient authority to carry out its responsibilities regarding the maintenance of common properties and facilities;

(b)

Property owner's are required, by virtue of property ownership, to be members of the owner's association;

(c)

The owner's association has the authority to assess property owner's for the cost of the operation and maintenance of common properties and facilities; and

(d)

The documents establishing the owner's association grant to the city the authority to operate and maintain the common properties and facilities in the event the association cannot or will not do so, the right to assess the property owner's for the cost and the right to place liens upon delinquent properties.

(B)

(1)

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the city shall be created by covenants running with the land.

(2)

The covenants shall be included with the final record plat.

(3)

The organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the city.

The site plan review process described in this section is intended to ensure that site development and redevelopment is carried out in an orderly and efficient manner.

(A)

The preliminary site plan requires approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.01.

(B)

The preliminary site plan review is intended to provide an initial review of a proposed development prior to preparation of a final site plan. A preliminary site plan is required for the following developments:

(1)

All multi-family residential development provided that platting is not required. (Note: If platting is required, the preliminary plat satisfies the same requirements as the preliminary site plan.) Developments of fewer than eight units must apply for final site plan, but need not obtain a preliminary site plan approval; and

(2)

All nonresidential developments which are not part of a planned unit development, development of regional impact (DRI) or other development plan lawfully approved by official action prior to the enactment of this code.

The following are the submittal requirements for the preliminary site plan:

(A)

Seven copies of plans shall be submitted; plans shall be prepared by a registered architect, landscape architect or civil engineer licensed in the state. A plan shall be prepared at a scale of no smaller than one inch = 200 feet for the use of the property, prepared on durable material with permanent writings and markings thereon, showing to accurate scale of all existing and proposed development on the property. The plan shall show the boundaries of the property with a metes and bounds description referenced to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s). The area of the property shall be noted in square feet and acres. The plan shall show all proposed physical improvements, including, but not limited to, existing and proposed buildings, recreation, drainage/retention, walls, poles, towers, signs and the distances of all of these improvements from the boundaries of the property; and

(B)

Drawing notes supplying the following information shall be included in the plan:

(1)

Name, address and telephone number of the owner(s) of the property;

(2)

Name, address and telephone number of the project engineer and/or architect;

(3)

A complete legal description of the property, consistent with the required certified survey;

(4)

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations;

(5)

Future land use plan designation in the currently adopted Comprehensive Plan;

(6)

The approximate intensity or density of the proposed development and the maximum allowable density or intensity allowed under this code;

(7)

A statement verifying the Comprehensive Plan compliance;

(8)

Proposed open space areas on the development site, types of activities proposed to be permitted on them and method of maintenance;

(9)

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used;

(10)

Area and percentage of total site area to be covered by an impervious surface, including buildings;

(11)

A general parking, access and circulation plan;

(12)

All water courses, water bodies, floodplains, wetlands, important natural features, wildlife habitat areas, soil types and vegetative cover shall be shown;

(13)

Existing and proposed storm water management systems on the site and proposed linkage, if any, with existing or planned public storm water management systems;

(14)

Proposed location and sizing of potable water and waste water facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities;

(15)

Maximum height of buildings, building separation, proposed setbacks;

(16)

Minimum floor elevation(s) of building(s) within any 100-year floodplain;

(17)

Proposed buffers and landscaping and tree preservation;

(18)

Location of nearest major wellhead (wells exceeding 100,000 GPD permitted withdrawal); and

(19)

Scale, north arrow, legend of symbols, date prepared.

(A)

The final site plan requires approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.01.

(B)

The purpose of the final site plan is to provide for a review of the proposed development at a level of detail which shows the specific arrangement of buildings and other improvements in relation to each other. The review allows a detailed examination of existing site conditions, surrounding property and specific information on how the proposed development complies with the requirements of this code. This review is designed to verify compliance with the specific use regulations, development standards and other standards and requirements of this code.

(C)

A final site plan shall be required for any development except a subdivision or a single-family or duplex structure on a lawfully platted lot. The improvements plan and final subdivision plat shall meet the requirements for final plat.

(D)

Developments of regional impact (DRI), shall be required to apply for final site plan approval. Final site plans may be for any portion of the site (a phase or any portion of a phase) so long as development proceeds according to the approved development order according to state law. The application for development approval (ADA) pursuant to F.S. Ch. 380, meets the preliminary site plan requirement. Both subdivision plats and site plans may be required, depending upon the nature of the development.

(E)

The following are the final site plan submittal requirements:

(1)

An application for a development order accompanied by a final site plan shall be filed within 180 days following approval of the preliminary site plan, if required, pursuant to the procedures of this chapter;

(2)

The final site plan shall be prepared on durable material with permanent writings and markings thereon, showing to accurate scale all existing and proposed development on the property. The plan shall show the boundaries of the property with a metes and bounds description, references to section township and range and subdivision name and lot numbers, if applicable. The area of the property shall be noted in square feet and acres. The plan shall show all proposed physical improvements, including, but not limited to existing and proposed buildings, off-street parking areas, pavements, landscaping, utilities, on-site recreation, storm water management facilities, water bodies, wellfields, walls, poles, towers, signs and the distances of all these improvements from the boundaries of the property; and

(3)

Seven copies of the plan shall be submitted. These drawings shall be prepared by a registered architect, landscape architect or civil engineer licensed in the state, each certifying to their field of expertise and shall include the following information:

(a)

Name, address and telephone number of the owner(s) and/or developer of the property; drawing scale used; number of sheets per set of plans; north indicator; and complete dimensions. All dimensions shall be in feet and decimal fractions of a foot;

(b)

A site location inset shall be included on the top of each set of plans to indicate the location of the project relative to surrounding areas and including at least the nearest arterial or collector roadway;

(c)

The land use/zoning districts of all abutting properties shall be shown. To obtain this information, the applicant may refer to the future land use plan map of the city's Comprehensive Plan. Where the property abuts a right-of-way, the street name shall be indicated;

(d)

The locations of all streams, floodplains, water bodies and wetlands lying within, adjacent to or affecting the site shall be clearly delineated. Provisions for protection of water bodies, wellfields, and/or wetlands shall be indicated;

(e)

Total area and percentages of the total site area, shall be given for impervious surface;

(f)

If a residential development is proposed, the total number and type of residential units shall be given. The total number of units (all types) and units per acre shall be included. Construction phase lines, if proposed, shall be shown;

(g)

All structures (including fences) shall be labeled as to type, height, composition and intended use;

(h)

Building setback distances from property lines, abutting right-of-way and all adjacent structures shall be indicated;

(i)

Locations of all proposed permanent signs and exterior lights shall be shown. Sign face area shall also be provided;

(j)

Exact location of existing and all proposed fire hydrants shall be shown;

(k)

The layout of any proposed sanitary sewer and water main construction shall be given, including the location of proposed connections to existing facilities;

(l)

If a solid waste dumpster is proposed, show pad location(s) and screening if any;

(m)

A traffic study shall be submitted if required;

(n)

The plans shall show the total number of proposed parking spaces, spaces reserved for handicapped parking, loading areas, wheel stops, proposed ingress and egress (including proposed public street modifications) and projected on-site traffic flow. The full dimensions of parking spaces, travel lanes and driveways shall be shown on plans;

(o)

Cross sections and specifications shall be shown for all proposed pavement;

(p)

A complete drainage, grading and water retention plan is required, with supporting calculations, to indicate existing and proposed runoff;

(q)

Proposed landscaping, including a plant legend, shall be shown. The locations and names of any existing trees shall be shown with indications as to which trees are proposed to be removed and/or relocated and which will remain;

(r)

Submission shall indicate the provisions to be made for the adequate control of erosion, sedimentation, dust and debris during all phases of clearing, grading and construction;

(s)

Provisions for protection of historic and/or archaeologic resources shall be indicated, if applicable;

(t)

Provisions for protection of habitats of endangered or threatened species, including land area set aside shall be indicated; and

(u)

A space measuring at least four inches in width and three inches in height shall be provided in the title block on the top page of each set of plans. This space will be reserved for the development approval stamp.

No person shall construct, modify, install, replace or close and abandon a hazardous material storage system, well or component thereof within the applicable cones of influence of this code without a well field management permit. Underground vehicular fuel storage subject to Chapter 17-61, Florida Administrative Code, is exempt from the requirements of this section.

(A)

Within 90 days of the adoption of this code, all existing regulated facilities within the primary and secondary cones of influence shall submit an application for an existing facility permit.

(B)

The application shall require the following:

(1)

Detailed information on the quantities and types of hazardous materials stored;

(2)

Detailed plans and specifications of hazardous material storage system, including, but not limited to, details of tanks, conveyance and pumping systems, wells and septic tanks;

(3)

Detailed plans for emergency action to be taken if a hazardous material spill or loss occurs; and

(4)

An agreement to indemnify and hold the city harmless from any and all claims, liabilities, causes of action or damages arising out of the issuance of the permit.

General requirements for new facility permits are:

(A)

Application for a well field management permit or renewal thereof, shall be completed with all requested information and shall be signed by the owner or operator, as applicable. The completed application shall be submitted to the Utilities Department, together with the appropriate permit fee. The permit application information and supporting documentation must be complete, truthful and correct. Falsification of application information shall be grounds for denial, suspension or revocation of a permit.

(B)

Within 30 days after receipt of the application, the Utility Department shall examine the application and shall notify the application of the deficiencies or lack of information and allow a reasonable time for corrections or submission of the necessary information. After receipt of all required information and the permit fee, the Utilities Superintendent must either issue or deny a permit within 60 days.

(C)

A permit, when issued, shall be in the name of the owner or operator, as applicable, which name may be that of an individual, firm, association, joint venture, corporation, partnership, governmental entity or other legal entity. A permit shall specify the regulated facility covered by the permit. A permit may cover one or more hazardous material storage systems and/or wells located at the same facility. A permit shall provide conditions necessary to ensure that the provisions of this code are met. Commencement of construction of a regulated facility under a well field management permit shall be deemed acceptance of all conditions specified in the permit.

(D)

Permits shall be valid for five years at which time, permits shall be renewed.

(E)

Upon sale or legal transfer of a permitted system, the new owner or operator shall apply by letter to the Utilities Department for a new facility permit. Well field management permits are not transferable.

(F)

The issuance of a permit does not convey any vested rights or exclusive privileges, nor does a permit authorize any injury to public or private property, an invasion of personal rights or any violation of federal, state or local laws or regulations.

(G)

A permit does not constitute a waiver of or approval of any other permit or license or other approval that may be required for other aspects of the total project or operation.

(H)

A permit or copy thereof, must be available for inspection on the permitted premises during the life of the permit.

(I)

By accepting a permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or closure and abandonment of the permitted system that are submitted to the Utilities Department may be used as evidence in any enforcement proceeding.

(J)

By accepting a permit, the permittee agrees to indemnify and hold the city harmless from any and all claims, liabilities, causes of action or damages arising out of the issuance of the permit.

(K)

The permittee, by acceptance of a permit, specifically agrees to allow access to the permitted facility at reasonable times by authorized Utility Department personnel for inspection and testing to determine compliance with the permit and the provisions of this code.

When a wellfield management permit is required, the following information and accompanying documentation as may be applicable shall be submitted to the Utilities Department together with the completed application:

(A)

Construction plans and specifications for the hazardous material storage system, including, but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak detection, overfill protection and access;

(B)

Detailed plans and specifications for the construction and/or closure of wells or well systems existing or proposed within the primary or secondary cone of influence;

(C)

Prior to any person causing, allowing, permitting or suffering the placement of any hazardous material in a storage system covered by a well field management permit, pursuant to this code, as-build drawings may not be approved unless the owner or operator demonstrates that the system has been constructed in substantial conformity with the permit;

(D)

At least 60 days prior to expiration of a permit, facility owner or operator shall apply to the Utility Department for permit renewal. Permit renewal shall be approved by the Utilities Department on a demonstration by the owner that the facility complies with the provisions of this code. Renewal of well permits shall not be required; and

(E)

At least 90 days prior to the closure of a hazardous material storage system and/or wells, the facility owner or operator shall notify the Utilities Department of intention to close the storage system or well. A closure authorization shall be issued by the department on a demonstration by the owner that the proposed closure procedure complies with the provisions of this code and may include, but not be limited to, such measures as removal or proper abandonment of storage systems or closure contamination assessment and a public notice of closure. The construction and/or closure plans, specifications and as-build drawings for the hazardous material storage systems and/or wells and other documents required pursuant to this section shall be prepared under the direction of and signed and sealed by a professional engineer registered in the state.

(A)

The Utilities Department may deny, suspend or revoke a permit for failure to comply with this code, and/or the conditions of any permit issued pursuant to this code.

(B)

The Utilities Department may revoke any permit issued pursuant to this code on a finding that the permit holder or his or her agent:

(1)

Knowingly submitted false or inaccurate information on the application or operational reports;

(2)

Has violated the provisions of this code or permit conditions; or

(3)

Has refused lawful inspections as required by this code.

(C)

When the Utilities Department has reasonable cause to believe that grounds for the denial, suspension or revocation of a permit exists, it shall notify the applicant or permittee in writing stating the grounds upon which the permit is being denied, suspended or revoked and advising the applicant or permittee of the right to a hearing in accordance with § 7090, Hearing Procedure. If the applicant or permittee makes no written request to the Utilities Superintendent for a hearing within 15 calendar days from receipt of the notice, the permit shall be deemed denied, suspended or revoked. If a timely request for a hearing is made, a hearing shall be held in accordance with the provisions of § 7090 hereof.

Any person subject to regulation under this code shall be liable with respect to hazardous materials emanating on or from the person's property for all costs of removal or remedial action incurred by the city and damages for injury to, destruction of or loss of natural resources, including the reasonable costs of assessing the injury, destruction or loss resulting from the release or threatened release of a hazardous material as defined in this code. The removal or remedial action by the city may include, but is not limited to the prevention of further contamination of ground water, monitoring, containment and clean-up or disposal of hazardous materials resulting from the spilling, leaking, pumping, pouring, emitting or dumping.

Violations of this part may be referred by the Utilities Superintendent to City Council for enforcement action. In addition to the provisions of general law relating to the enforcement of ordinances and codes, the city shall have, in connection with its local pollution control program, all remedies of the Florida Department of Environmental Regulation under F.S. Ch. 403, as may be provided through delegation of applicable authority, to enforce the provisions of this article. The remedies include the following:

(A)

Judicial remedies.

(1)

The city may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury to the water or property, including animal, plant and aquatic life, of the city caused by any violation. The city is without authority to bring a civil action or impose any penalty or fine on behalf of any person.

(2)

The city may institute a civil action in a court of competent jurisdiction to impose and to recover a civil penalty for each violation in an amount of not more than $10,000.00 for each offense. However, the court may receive evidence in mitigation. Each day during any portion of which the violation occurs constitutes a separate offense.

(3)

It shall not be a defense to or ground for dismissal of, these judicial remedies for damages and civil penalties that the city has failed to exhaust its administrative remedies or has failed to hold an administrative hearing prior to the institution of a civil action.

(B)

Administrative remedies.

(1)

The city may institute an administrative proceeding to establish liability and to recover damages for an injury to the water or property, including animal, plant or aquatic life, of the city caused by any violation. The city may order the violator to pay a specific sum as damages to the city. Judgment for the amount of damages may be entered in any court having jurisdiction thereof and may be enforced as any other judgment.

(2)

If the city has reason to believe a violation has occurred, it may institute an administrative proceeding to be conducted in accordance with § 2143 to order the prevention, abatement or control of the conditions creating the violation or other appropriate corrective action.

(3)

An administrative proceeding shall be instituted by the serving of a written notice of violation upon the alleged violator by certified mail. The notice shall specify the provisions of the chapter, permit or order alleged to be violated and the facts alleged to constitute a violation thereof. An order for corrective action may be included with the notice. However, no order shall become effective until after service and an administrative hearing, if requested within 20 days after service. Failure to request an administrative hearing within this time period shall constitute a waiver thereof.

(4)

Nothing herein shall be construed as preventing any other legal or administrative action in accordance with law.

(C)

Injunctive relief.

(1)

It is hereby found and declared that a violation of the provisions of this code constitutes an irreparable injury to the citizens of the city and the city may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter, a permit or order; to enjoin any violation of this code and to seek injunctive relief to prevent injury to the water and property, including animal, plant and aquatic life, of the city and to protect human health, safety and welfare caused or threatened by any violation.

(2)

All judicial and administrative remedies in this section are independent and cumulative, except that the judicial and administrative remedies to recover damages are alternative and mutually exclusive.

City Council shall designate a hearing officer to conduct public hearings as provided for in this section. The hearing officer shall conduct the public hearing in accordance the following procedure prescribed in part 11.17.00.

(A)

A permit, issued by the city, shall be required before the construction, rebuild, replacement or structural modification of a tower.

(B)

Each application for a permit to construct or replace a tower or antenna shall submit, concurrent with conditional use applications, if applicable, the following:

(1)

Written documentation from the FAA stating that the tower, as proposed, meets or will meet all applicable federal requirements. Certification of compliance with current FCC non-ionizing electromagnetic radiation (NIER) shall be submitted prior to receive final inspection by the City Council;

(2)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from the property lines or leased area, elevation drawings of the proposed tower and any other proposed associated structures and facilities;

(3)

If the proposed tower is within separation distance from another existing tower, then the distance, location and other towers shall be shown on an updated tax map;

(4)

The application must include a statement in the application of its intent to allow the co-location of antennas of other entities and the maximum number that the tower can accommodate; and

(5)

Written documentation as the feasibility of the use of alternative tower structure, in lieu of conventional tower structure.

(A)

Certain criteria shall be considered in determining the need for a conditional use for new tower. A new tower shall not be approved unless it can be demonstrated by the applicant that there is a technological need for the new tower which cannot be met by placing an antenna on an existing tower or on other structures or by replacement or modification of an existing tower.

(B)

Information concerning the following factors shall be considered in determining that the need exists:

(1)

Insufficient structural capacity of existing towers or other suitable structures and infeasibility of reinforcing or replacing an existing tower;

(2)

Unavailability of suitable locations to accommodate system design or engineering on existing towers or other structures;

(3)

Radio frequency interference or other signal interference problems at existing towers or other structures;

(4)

The cost of using an existing tower or other structure exceeds the costs of permitting and constructing a new tower; and

(5)

Other factors which demonstrate the technological need for the new tower.

Unless otherwise permitted by this chapter, the following uses may be allowed as special exceptions in any zoning district unless prohibited by the zoning district or as otherwise indicated within this section:

(A)

Those uses listed in the specific zoning district as special exceptions (Table 2.02.01). These uses may be authorized only within the district where specified;

(B)

Public or private parks, playgrounds, clubhouses for fraternal organizations and recreation areas;

(C)

New paint booths that are entirely enclosed with emission controls may be considered, if the use is found to be compatible with the surrounding vicinity with other similar uses;

(D)

Restaurants where authorized as a special exception in the specific zoning district shall comply with the following standards:

(1)

Seventy-five seats or less seating capacity; and

(2)

Be so located as to primarily serve the immediately surrounding industrially zoned area; and

(E)

Bed and breakfast facility in residential districts subject to the following:

(1)

Maximum of five guest rooms. Facility shall be designed and operated so as to maintain the residential character of the neighborhood. These facilities are intended to provide short term lodging and meals for transient guests who are visiting the area. It is specifically not intended for these to be rental apartments, boardinghouses or other mid-to-long term rental units. The Planning Commission shall have wide latitude to attach conditions to insure this provision is met;

(2)

The proposed location should generally not be located on a minor residential street unless the area has some unique features such as access to tourist attractions or location in an historic area where the facilities may be desirable. It may also be appropriate to consider the facilities in buildings where a valid public purpose would be served in maintaining, preserving and reconditioning older structures and neighborhood character;

(3)

Parking shall be required at the rate of one space for each guest room plus two spaces. Parking shall be provided in a manner which is compatible with the surrounding area;

(4)

A maximum of six-square-foot sign may be provided to identify the facility's location; and

(5)

Since the size and nature of the uses identified as special exceptions may vary widely, a detailed plot plan and detailed statement of all uses proposed shall be submitted with each request for a special exception approval. The plan, once approved, shall become a condition upon which the use and structures shown thereon are permitted; and any change or addition shall constitute a violation of the special exception.

The following are the application requirements for special exceptions:

(A)

An application form completed by the applicant along with all required supporting documents, as listed on the application form;

(B)

A detailed plot plan, drawn to schedule, no larger than 11 inches by 17 inches, showing location and dimensions of all existing and proposed structures and other improvements and setbacks of same, signs, provisions for off-street parking and a detailed statement of use; and

(C)

Public notice shall be provided as set forth in the city's Land Development Code. Applicant will provide the city with an appraisal print out of property owners within 200 feet of subject property. Applicant is responsible for providing all respective parties with notice via certified mail return receipt.

(A)

If the procedural requirements above have been met and the Planning Commission is empowered to hear the application for special exception, the Planning Commission shall conduct a public hearing and review the application for special exception as submitted, shall not grant approval unless the change is submitted to and approved by the Planning Commission.

(B)

Prior to granting a special exception approval, the Planning Commission shall ensure that:

(1)

There is:

(a)

Ingress and egress to the development and proposed structures, with particular reference to automotive and pedestrian safety;

(b)

Separation of automotive, bicycle, traffic and control;

(c)

Provision of services and servicing of utilities and refuse collection; and

(d)

Accesses for fire, catastrophe and emergency services. Access management standards on state and county roads shall be based on the latest access management standards of the Florida Department of Transportation (FDOT) or Pasco County, respectively;

(2)

The location and relationship of off-street parking and off-street loading facilities to driveways and internal traffic patterns within the proposed development does not impose a traffic or safety hazard, with particular reference to automotive, bicycle and pedestrian traffic; does not unnecessarily impede traffic flow and control, access in case of fire or catastrophe; or if and screening and landscaping are adequate or excessive;

(3)

If necessary, a completed traffic impact report describing how this project will impact the adjacent streets and intersections. A detailed traffic report may be required to determine the project impact on the level of services of adjacent streets and intersections. Transportation system management techniques may be required, where necessary, to offset the traffic impacts;

(4)

The drainage on the property is adequate with particular reference to the effects of provisions for drainage on adjacent and nearby properties or the requirements of on-site retention systems. The Commission may grant approval as required by the City of Southwest Florida Water Management District (SWFWMD);

(5)

Any signs or proposed exterior lighting does not create an unnecessary glare or constitute a traffic safety hazard and are compatibility and harmonious with adjacent properties;

(6)

The orientation and location of buildings, recreational facilities and open space in relation to the physical characteristics of the site is adequate and the character of the neighborhood and the appearance and harmony of the building, with adjacent development and surrounding landscape are not materially adversely affected;

(7)

The intended use is compatibility with the existing natural environment of the site, historical and archaeological sites and with properties in the neighborhood as outlined in the city's Comprehensive Plan;

(8)

There are no substantial detrimental effects to the proposed use. In considering this the Commission should evaluate the impact of the concentration of similar or the same uses and/or structures, on property values in the neighborhood;

(9)

There are no substantial detrimental effects to the proposed use. In considering this the Commission should evaluate the impact of the concentration of similar or the same uses and/or structures, on living or working conditions in the neighborhood;

(10)

The setbacks, screens, buffers and general amenities to preserve internal and external harmony and compatibility with uses, inside and outside the proposed development are sufficient and adequate to control adverse effects of noise, lights, dust, fumes and other nuisances;

(11)

The land area is sufficient, appropriate and adequate for the use and reasonable anticipated operations and expansion thereof;

(12)

The general amenities, included as part of the development complement the character of the surrounding area;

(13)

There is landscaping, as required in Part 7.06.00 Landscaping and a preservation of natural human-made features of the site including trees, wetlands and other vegetation;

(14)

The development is sensitivity to on-site and/or adjacent (within 200 feet) historical or archaeological resources related to scale, mass, building materials and other impacts; and

(15)

The development meets adopted levels of services and meets the requirements for a certificate of concurrency by complying with the adopted levels of services for:

(a)

Water;

(b)

Sewer;

(c)

Sanitation;

(d)

Parks and recreation;

(e)

Drainage;

(f)

Mass transit; and

(g)

Traffic.

In approving a special exception, the Planning Commission may also establish and require additional safeguards to ensure proper operation of the use and provide protection to the surrounding area. The safeguards may include, but are not limited to; a time limit for acquiring development authorization and/or development completion; hours of operation; entry and exit points to and from the site; fencing and screening; additional setbacks and capacity of the use.

Any aggrieved party may appeal the decision of the Planning Commission regarding an application for special exception by petition to a Hearing Officer in accordance with part 11.17.00. The petition shall be filed with the Administrator within 20 days of the decision of the Planning Commission regarding the application for which appeal is sought.

(A)

Applications for a conditional use shall be submitted to the Administrator. The Planning Commission and the City Council shall hold separate public hearings on such an application within 60 days after all information and facts comprising the application have been submitted. Due public notice, as defined in F.S. § 163.170, shall be given prior to the hearings. The Planning Commission shall hold its hearing and transmit an advisory recommendation of approval or denial to the City Council. An application fee shall be established by the City Council.

(B)

Standards of approval of conditional uses. The City Council may, at its discretion, grant approval of a conditional use application if the evidence presented at the public hearings establishes compliance with the following standards:

(1)

The proposed conditional use will not adversely affect or contribute to the deterioration of quality of life or property values in the immediate neighborhood;

(2)

The proposed conditional use is consistent with the character of and existing land use patterns in the surrounding area;

(3)

The proposed conditional use will not create or excessively increase traffic or parking congestion or otherwise affect public safety;

(4)

The site upon which the proposed conditional use is to be located has suitable drainage, access, ingress and egress, off-street parking and loading areas;

(5)

The site upon which the conditional use is to be located has or may have screening or buffering to prevent interference with the enjoyment of surrounding areas;

(6)

The proposed site meets the applicable requirements of the zoning district in which it is located;

(7)

Any existing or proposed signs or lighting will not adversely affect surrounding areas or vehicular traffic; and

(8)

The proposed conditional use will not interfere with or adversely affect the health, safety or welfare of the surrounding community area.

(A)

The City Council may impose conditions upon the applicant where deemed necessary to protect the health, safety or general welfare of the public or where deemed necessary to assure compliance with the standards set forth in section 11.10.01(B). The conditions and stipulations shall become part of the written approval and must be conformed to or followed by the applicant or any successor in interest.

(B)

Authority granted under and expansion of conditional uses. Conditional use permits shall be subject to the following:

(1)

The holder of a conditional use permit shall be authorized to utilize the site or location of the use only in the manner specified in the written approval and conditions specified therein. Any substantial expansion, alteration or change in the conditional use authorized by the written approval must be reviewed by the City Council in the same manner in which the original conditional use was reviewed. The Building Official or his or her designee shall determine whether a substantial alteration or change of an authorized conditional use exists and may initiate review of the same by the City Council; and

(2)

For purpose of this section, an expansion, alteration or change of a conditional use shall be deemed to exist where a substantial modification of any of the standards provided for in subsection (1) above, results from activity associated with the conditional use or where a substantial change of circumstances or conditions arises.

(A)

The City Council hereby reserves to itself the jurisdiction and authority to review and revoke conditional use permits.

(1)

Request for review. Any person who is substantially and adversely affected by a conditional use which has been authorized by the City Council may petition the Council for a review of the conditional use at a public hearing where the use or the continuation of the use:

(a)

Violates the conditions set forth by the City Council as a requirement for the granting of the use;

(b)

Is injurious to the health, safety or welfare of the community or of the public;

(c)

Tends to attract vagrants, loiterers or habitually intoxicated persons; or

(d)

Has a history of repeated incidents of violence.

(2)

The affected person shall present a petition bearing the signature of at least ten property owners of the immediate affected area in which the conditional use is located as a prerequisite to review of the conditional use permit. The petition shall be filed with the Building Department and presented to the City Council. The petitioner shall submit a fee of $50.00 to defray the costs of processing and reviewing the petition. If the petitioner presents information sufficient to cause City Council to revoke a conditional use permit or to impose additional condition(s), the $50.00 fee will be refunded.

(3)

No petition shall be reviewed by City Council where a previous review has already occurred in accordance with the procedures of this section, unless the petitioner demonstrates that a material change in circumstances has occurred since the last review. Petitions which do not allege facts which demonstrate a material change in circumstances may be summarily dismissed by the Building Official prior to the public hearing.

(4)

Upon presentation of a petition filed in accordance with the provisions of division (A)(2) of this section, the City Council shall schedule a public hearing on the petition for the purposes of reviewing the conditional use permit. Notice of the time and place of the hearing and of the allegations contained in the petition, shall be given in writing to the party to whom the conditional use permit was issued. In addition, notice shall be given to adjoining property owners in the same manner as was required prior to the original grant of the conditional use. All notice required by this section shall be given in the same manner, form and within the time limits as is normally utilized in consideration of an original grant of a conditional use permit.

(5)

At the public hearing, the City Council shall hear the allegations and upon a finding that the evidence establishes the existence of one or more criteria set forth in division (A)(1)(a) through (d) of this section shall:

(a)

Revoke the conditional use permit; or

(b)

Permit the continuance of the conditional use with additional conditions or stipulations.

(6)

If the allegations are not established, the City Council shall permit the continuation of the conditional use.

(B)

Uses terminated for two or more years must comply if reestablished; conditional use approval voided after one year if construction or occupancy not established. Any conditional use listed in this code, that is seeking to be reestablished after having been without an active license for two or more years shall be required to conform to the regulations as stated herein prior to the issuance of an occupational license. Further, any conditional use approved as required in this section shall be void after one year if construction has not begun on the site or occupancy has not otherwise been established on the site.

In any case where strict application of the regulations in this section present an undue hardship, City Council may waive, in whole or in part, one or more of the conditions imposed under the following sections.

An application for approval of a development plan may be filed by the owner of or any person having a contractual interest in, the property which is the subject of the application.

Applications for PD district designation shall be processed pursuant to a level three review as specified in this article.

Prior to filing a preliminary development plan, the applicant shall prepare a sketch plan of the proposed planned development for review by the Site Plan Review Committee at the preapplication conference. The Director of Development shall coordinate sketch plan review of the proposed planned development. Upon completion of the sketch plan review, the Administrator shall provide the applicant with written comments with respect to the proposed planned development and shall also provide such recommendations as may inform and assist the applicant in preparing an application for approval of a PD district.

(A)

The preliminary development plan is intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character and nature of the entire proposed planned development without becoming involved in the preparation of detailed development plans or engineering drawings.

(B)

In order to permit the city and the applicant to proceed with some assurance, approval of the preliminary development plan binds the applicant and the city with respect to the following development constraints:

(1)

Categories of uses to be permitted;

(2)

Overall maximum density of residential uses and intensity of nonresidential uses;

(3)

General location of vehicular and pedestrian circulation systems;

(4)

General location and extent of public and private open space;

(5)

General location of residential and nonresidential land uses; and

(6)

Staging of development.

(A)

Upon completion of the sketch plan requirements, an application for a preliminary development plan may be submitted. Seven copies of applications for approval of a preliminary development plan shall be submitted to the Administrator.

(B)

The application for a preliminary development plan shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Administrator in written rules but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a preliminary development plan:

(1)

The applicant's name and address and his or her interest in the subject property;

(2)

The owner's name and address, if different than the applicant and the owner's signed consent to the filing of the application;

(3)

The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development;

(4)

The legal description of the subject property;

(5)

The names and addresses, provided on legal-size envelopes, for all owner's of property within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company or attorney at law;

(6)

The zoning district classification and present use of the subject property;

(7)

One or more maps at a scale of not less than one inch to 200 feet delineating the existing physical characteristics of the site, including:

(a)

Topography at contours not more than two feet;

(b)

Slopes of five percent or more;

(c)

Property boundary lines and dimensions; available utilities; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property;

(d)

Water courses, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water;

(e)

A generalized description of vegetation and tree cover;

(f)

Marshes and flood plains, including the delineation of the 100-year floodplain, where applicable;

(g)

Drainage patterns; and

(h)

Other physical features that may affect the development of the property that the applicant may wish to delineate;

(8)

A map depicting both the existing development of the subject property and appropriate adjacent property and showing the approximate location of existing streets, property lines, easements, water mains and storm and sanitary sewers;

(9)

A written statement, with supporting graphics, generally describing the overall concept of the proposed planned development, the market which it is intended to serve and its relationship to the city's Comprehensive Plan; the uses included and any limitations upon uses; a description of the general architectural design or theme to be employed; building types and prototypical site layouts, if appropriate; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information required by this article or pertinent to a determination of compliance with this article;

(10)

One or more maps at a scale of not less than one inch to 200 feet and a written description of the proposed planned development describing the following features of the project:

(a)

A general land use plan with a description of the type, location and nature of land use within each area of the development;

(b)

A proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed rights-of-way, travel lanes and other transportation improvements;

(c)

A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of storm water runoff and similar essential services;

(d)

A generalized landscape plan for the development, including the buffer and perimeter areas;

(e)

A delineation and description of the minimum open space areas, including the buffer and perimeter area;

(f)

A description of screening and berming adjacent to existing residential areas; and

(g)

A sign plan that coordinates the size, location, illumination and relation to surrounding uses of signs within the proposed planned development;

(11)

A tabulation of the following information:

(a)

The approximate total number of dwelling units proposed by type of structure and approximate number of bedrooms for multi-family units;

(b)

The approximate total square feet of building floor area proposed for nonresidential uses by general type of use;

(c)

The total land area, expressed in acres and as a percent of the total development area proposed to be devoted to residential and nonresidential uses, by type of structure; streets; and off-street parking and loading areas; and

(d)

The proposed number of off-street parking and loading spaces for each proposed type of land use;

(12)

If the planned development is proposed for construction in phases during a period extending beyond a single construction season, a proposed and tentative schedule for the development of the phases shall be submitted, stating the approximate beginning and completion date for each phase, the proportion of the total public and private open space and the proportion of each type of proposed land use to be provided or constructed during each such phase; and the overall chronology of development to be followed from phase to phase. All public improvements directly related to each phase shall be completed at the time the phase is developed and improvements serving the proposed planned development as a whole and any adjoining area in the planned development shall be completed in a sequence assuring full utility of the planned development as a whole and all areas within the planned development. All public improvements shall also be completed so that future public improvements required by this Article and other applicable ordinances of the city are not compromised or rendered unduly difficult;

(13)

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including a current certified abstract of title or commitment for title insurance; and

(14)

A traffic impact analysis indicating the relationship of the proposed development to traffic and road use and plans in the immediate surrounding area.

(A)

The Site Plan Review Committee shall determine whether the preliminary development plan:

(1)

Meets the requirements and standards of this code applicable to the property which is depicted on the plans;

(2)

Is consistent with the goals, objectives, development standards, guidelines and criteria otherwise established by the code;

(3)

Provides design features which assure the protection of the public health, safety and welfare;

(4)

Is consistent with the goals, objectives, policies, recommendations and development standards set forth in the Comprehensive Plan, relevant element thereof or other land development regulations;

(5)

Is consistent with design standards for public improvements set forth in these or other pertinent development regulations; and

(6)

Provides necessary improvements or facilities.

(B)

The determination shall be made in writing and shall recommend provisions, standards, conditions or design specifications which must be satisfied to assure compliance with the standards set forth above and the implementation of this code.

(C)

The determination shall be finalized within 20 working days after a complete preliminary development plan has been accepted for review. The findings and recommendation of the Site Plan Review Committee shall be scheduled for review by the Planning Commission. If a determination has not been made within 20 working days, the plan shall be automatically submitted to Planning Commission for consideration at the earliest regular meeting permitting public notice conforming to the requirements of part 11.18.00.

(A)

The Planning Commission shall conduct a review of the preliminary development plan at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public.

(B)

The Planning Commission shall either:

(1)

Concur with the recommendation of the SPRC;

(2)

Concur with modifications; or

(3)

Recommend denial of the preliminary development plan. In the event of a recommendation of denial, the reasons for the denial shall be stated by the Planning Commission and made a part of the public record.

(C)

The findings and recommendations of the Planning Commission shall be scheduled for review by the City Council and all records pertaining to the application shall be transmitted for City Council consideration.

(A)

The City Council shall conduct a review of the Preliminary development plan at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC and the Planning Commission along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public. The Planning Commission shall approve the preliminary development plan as submitted by the Planning Commission, approve with modifications or deny the preliminary development plan. In the event of denial, the reasons for the denial shall be stated by the City Council and made a part of the public record.

(B)

Within 30 days following the conclusion of the public hearing, unless a delay is requested by the applicant, the City Council shall either refuse to approve the preliminary development plan; shall refer it back to the Planning Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the preliminary development plan, with or without modifications to be accepted by the applicant as a condition of the approval; provided, however, that if the plan is approved with modifications, no application for approval of a final development plan shall be filed or considered until the applicant has filed with the Administrator his or her written consent to the modifications. In the event the City Council shall fail to act within the time limit herein specified, the preliminary development plan shall be deemed finally denied. Within seven days of the City Council's action or its failure to act as above provided, the Administrator shall mail notice thereof to all parties entitled thereto.

(A)

When a preliminary development plan has been approved or approved with modifications acceptable to the applicant, the applicant shall proceed to file a final development plan.

(B)

Unless the applicant shall fail to meet time schedules for filing a final development plan or plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this section or any approval granted pursuant to it, a preliminary development plan which has been approved or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the city without the consent of the applicant.

(A)

The final development plan is intended to particularize, refine and implement the preliminary development plan. A final development plan may be submitted for the entire planned development or in phases as approved in the preliminary development plan.

(B)

When approving the preliminary development plan, the City Council may permit review and approval of the final development plan in its entirety or for specified portions of the project by the Planning Commission or the Site Plan Review Committee. Administrative review and approval shall be granted only if the preliminary development plan offers sufficient detail and assurances to adequately safeguard the public interest or review procedures normally required by other regulations would offer adequate review to safeguard the public interest. Administrative review and approval shall not be construed to waive review procedures otherwise required by city ordinances.

(A)

Upon approval of the preliminary development plan, the applicant shall submit an application for final development plan approval to the Administrator. The application for final development plan may include the entire area included in the approved preliminary development plan or one or more stages or units thereof in accordance with a staging plan approved as part of the preliminary development plan.

(B)

The application shall contain a plan which refines, implements and is in substantial conformity with the approved preliminary development plan, but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a final development plan:

(1)

The applicant's name and address and his or her interest in the subject property;

(2)

The owner's name and address, if different than the applicant and the owner's signed consent to the filing of the application;

(3)

A legal description of the property for which Final development plan approval is sought;

(4)

The date on which preliminary development plan approval was granted;

(5)

A preliminary plat of subdivision that includes a survey certified by a registered land surveyor. A survey shall be required even if a plat is not necessary;

(6)

A tabulation of the following information with respect to the area included in the final development plan:

(a)

The total number of dwelling units proposed, by type of structure and number of bedrooms for multi-family;

(b)

The total square feet of building floor area proposed for nonresidential uses by general type of use;

(c)

The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses, by type of structure; nonresidential uses; public and private open space; streets; and off-street parking and loading areas; and

(d)

The proposed number of off-street parking and loading spaces for each proposed type of land use;

(7)

A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the PD district, including materials and techniques to be used. A statement and plan of the proposed treatment of the buffer and perimeter areas of the proposed planned development, including materials and techniques to be used. The plan shall be approved only if the general intent of the screening and fencing regulations, part 7.07.00 and landscaping and bufferyard regulations, part 7.06.00 is satisfied;

(8)

When the proposed planned development or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of the open space or service facilities. If it is proposed that the open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of the entity shall be submitted.

(9)

Copies of any restrictive covenants that are to be recorded with respect to property included in the final development plan;

(10)

Utility plans, indicating placement of water mains, sanitary and storm sewerage, gas, electric and telephone lines and related facilities;

(11)

A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or date;

(12)

Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility;

(13)

All certificates, seals and signatures required for the dedication of land and recordation of documents; and

(14)

Such other and further information as the City Commission shall find necessary to a full consideration of the entire proposed planned development or any stage or unit thereof.

(A)

When administrative review and approval has been granted in the preliminary development plan, within 30 days following the submission of a complete application for the final development plan or such longer period as may be agreed to by the applicant, the Site Plan Review Committee shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan and with the provisions of this article and all other applicable federal, state and city codes, ordinances and regulations.

(B)

If the Site Plan Review Committee finds that there is substantial conformity between the plans and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan and with the provisions of this code and all other applicable, federal, state and city codes, ordinances and regulations, it shall approve the final development plan. Site Plan Review Committee action shall constitute final approval of the final development plan.

(A)

If the Site Plan Review Committee shall find that the final development plan lacks substantial conformity to the preliminary development plan but merits approval notwithstanding the lack of conformity, it shall transmit the plan to the Planning Commission together with its recommendation that the final development plan be approved.

(B)

In any case, where the Site Plan Review Committee finds that the final development plan lacks substantial conformity to the preliminary development plan and does not merit approval, it shall transmit the plan to the Planning Commission, together with its recommendation that the final development plan not be approved.

(C)

Within 45 days following the submission by the applicant or referral from the Site Plan Review Committee of a complete application for the final development plan or such longer period as may be agreed to by the applicant, the Planning Commission shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan and with the provisions of this code and all other applicable federal, state and city codes, ordinances and regulations.

(D)

If the Planning Commission finds that there is substantial conformity between the plans and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan and with the provisions of this code and all other applicable, federal, state and city codes, ordinances and regulations, it shall approve the final development plan. Planning Commission action shall constitute final approval of the final development plan.

(E)

If the Planning Commission shall find that the final development plan lacks substantial conformity to the preliminary development plan but merits approval notwithstanding the lack of conformity, it shall transmit the plan to the City Council together with its recommendation that the final development plan be approved.

(F)

In any case, where the Planning Commission finds that the final development plan lacks substantial conformity to the preliminary development plan and does not merit approval, it shall transmit the plan to the City Council, together with its recommendation that the final development plan not be approved. The failure of the Commission to act within the aforesaid time period shall be deemed a recommendation to the City Council to deny the final development plan as submitted.

Within 45 days or such longer period as may be agreed to by the applicant, following the action of the Planning Commission or its failure to act as provided, the City Council shall either refuse to approve the final development plan, shall refer it back to the Planning Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the final development plan, with or without modifications to be accepted by the applicant, as a condition of the approval. The failure of the City Council to act within the aforesaid time period shall be deemed a final denial of final development plan approval.

Within seven days following the final disposition of an application for final development plan approval, the Administrator shall mail notice thereof to the applicant and to all city officials, departments, bureaus, boards and commissions whose duties might be affected by the disposition. When a final development plan is approved, the Administrator shall, within ten days of its approval, file a copy of the entire final development plan in the permanent records of the city.

Upon, but not before, receiving notice from the Administrator that the final development plan has been approved and upon application by the applicant, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final development plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the city have been met which are applicable to the permit sought.

During the construction of a planned development, the Site Plan Review Committee may authorize minor adjustments to the final development plan when the adjustments appear necessary in light of technical or engineering considerations first discovered during actual development.

In addition to the minor adjustments authorized by section 11.02.05, an approved final development plan may be amended, varied or altered in the same manner and subject to the same limitations, as any other regulation established by this article. In addition, an approved final development plan may be amended or altered pursuant to the procedures established by this section for its original approval.

(A)

The purpose of the initial determination is to avoid time being wasted on development agreements which clearly are not in the interests of the city. This advance review of the feasibility of entering into a development agreement will be based on the impacts and benefits of the development.

(B)

Any developer wishing to initiate a development agreement shall provide the following information, prior to formal application, to enable the initial determination to be made.

(1)

Generalized description of development and of the impacts and benefits of the project;

(2)

General information such as the name and address of the owner, applicant and agent, site area, location and legal description;

(3)

Any developer commitments and anticipated special benefits or impacts of the development; and

(4)

Any anticipated approvals, waivers, variances, special exceptions or government commitments sought by the developer.

(C)

Since the initial determination is an informal procedure, only very general information will be required and the format of the applicant's submittal may be as simple as a letter. The analysis of the impacts of the development on public facilities should not be detailed. The initial determination of capacity performed for concurrency is sufficient detail for the initial determination of transportation impacts, for example. A development agreement reviewer will render an Initial determination within ten working days of submittal of an application. In unique situations where a developer demonstrates a dire time constraint, the initial determination will be in two working days. The determination may be positive, negative or inconclusive. If inconclusive or negative, the review will specify what the basis for the determination is.

(A)

The developer has the right to submit an application after the Initial determination regardless of the conclusion of the Initial determination.

(B)

Application will be made on an application form provided by the Administrator. It shall include a fee as established by the Board. There will be no minimum or maximum size of development for which a development agreement may be requested. At the time of application, a statement of ownership and authorization from the owner to proceed shall be required. A land title report shall be required prior to entering into the agreement and may be in the form of documents which satisfy staff as to the validity of title. Documentation submitted to satisfy validity of title shall be considered acceptable for a three-month period and will need to be updated thereafter. Similarly, the required traffic analysis may be one performed up to three months prior to submittal of the application. However, if significant development has taken place subsequent to the submitted traffic analysis, the applicant may be called on to update it. Similarly, in situations where no significant development has occurred, a traffic analysis may be acceptable beyond three months.

(C)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. If there is a question as to the sufficiency of the applicant's interest in the subject real property with respect to entering into the agreement, the Administrator may request and rely upon an opinion of the City Attorney's Office.

The Site Plan Review Committee shall prepare and the Administrator shall file with the City Council a staff report and recommendation within 45 days of the application's submittal. Notwithstanding the foregoing, if the Administrator determines that an application is insufficient, the applicant shall be provided with a statement of any additional information required within 15 days of the application's submittal and the report and recommendation of Site Plan Review Committee shall be due 45 days from the receipt by the Administrator of a sufficient submittal.

(A)

Where a development is undergoing a number of simultaneous reviews (e.g. rezoning and development agreement review) these will, to the extent possible, be unified into one review process. Fee reductions may be considered in such instances, especially if one review is immediately subsequent to another. Material prepared for one review (e.g. transportation analysis) may be filed for another, if appropriate.

(B)

Once an application is filed, the time frames established herein shall be followed. If the information provided by the applicant is deficient, he or she shall have the right to provide additional information. The review time shall be extended accordingly.

(C)

A reviewer shall review and formulate a recommendation on every development agreement application. The reviewer may request review of the application by the appropriate departments or agencies.

(A)

Notice shall be provided:

(1)

By the applicant publishing an advertisement approximately seven days before each public hearing on the application in a newspaper of general circulation and readership in the city; and/or

(2)

By the applicant mailing notice with proof of mailing to all owners of property, as reflected on the current year's tax roll, lying within 400 feet in every direction when the subject parcel is within an agricultural or rural category of the Comprehensive Plan and 250 feet in every direction when the parcel is within any of the remaining plan categories (right-of-way and water bodies less than 1,000 feet, as measured at the site, shall be excluded in calculating notification distances). Notice shall be mailed at least 15 calendar days prior to the first hearing on the application.

(B)

As required by F.S. § 163.3225, the form of the notices of intention to consider adoption of a development agreement shall specify:

(1)

The time and place of each hearing on the application;

(2)

The location of the land subject to the development agreement;

(3)

The development uses proposed on the property, including the proposed population densities and proposed building intensities and height;

(4)

Instructions for obtaining further information regarding the request, including where a copy of the proposed agreement can be obtained.

The City Council shall conduct two public hearings on each application. The public hearings may take place during the regularly scheduled meetings of the City Council. The day, time and place of the second public hearing shall be announced at the first public hearing. At the conclusion of the second public hearing, the City Council shall approve, approve with modifications or deny the application.

(A)

An applicant shall submit a draft petition to the Administrator for a preliminary determination of the sufficiency of the proposal prior to formally filing a petition. The Administrator shall submit the draft petition to the SPRC for review and solicit comments from other agencies and jurisdictions as the Administrator deems appropriate.

(B)

After clarifications and deficiencies have been identified and addressed by the potential applicant, the Administrator may, at his or her discretion, schedule a Community Development District workshop with the City Council to include the Planning Commission and various city and county entities and other agencies, as necessary. The identification of additional concerns stemming from the workshop is the final informal step prior to the applicant formally filing the petition requesting the establishment of a Community Development District for a defined area.

(A)

Applications for community development districts shall be submitted to the Administrator on forms provided by the Administrator. The Administrator may require an applicant to submit such information as is necessary to process the application. The City Council shall fix the schedule of fees and charges imposed for the filing and processing of each application, except where otherwise set by the state.

(B)

Only a qualified applicant may file an application to establish a community development district. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the community development district. If there is a question as to the sufficiency of the applicant's interest in the subject real property with respect to entering into the agreement, the Administrator may request and rely upon an opinion of the City Attorney's Office.

(C)

The Administrator shall schedule a public hearing with the City Council within 45 days of the formal filing of the petition; i.e., the date of the formal filing.

(D)

The applicant shall publish the notice of public hearing after approval of the notice by the City Attorney's Office, for the community development district, once a week for four successive weeks prior to the City Council public hearing date.

(A)

The Administrator shall prepare and file with the City Clerk a staff report and recommendation within sufficient time to allow a public hearing to be held within 45 days of the application's submittal. Notwithstanding the foregoing, within 90 days after an application for the establishment of a community development district has been filed the City Council may transfer the application to the Florida Land and Water Adjudicatory Commission, which shall make the determination to grant or deny.

(B)

The Site Plan Review Committee shall evaluate the petition for consistency with the state and local Comprehensive Plans. The Administrator also transmit copies of the petition to the City Attorney's Office, Budget Department and various departments or agencies for review and comment as the Administrator deems appropriate. Reviewers shall identify the general and specific issues that fall within the purview of the individual department. The SPRC report shall address the issues and concerns identified in the individual reviews conducted by the various departments

The Administrator shall also transmit the petition and supporting information to the Planning Commission and schedule the petition for consideration by the Planning Commission at a meeting date that permits recommendations to be formulated and transmitted to the City Council at the scheduled public hearing.

The procedure in this part shall be followed in amending this code or the Comprehensive Plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

Any person, board or agency may apply to the Planning Commission to amend this code or the Comprehensive Plan.

Requests to amend this code shall be referred to the Planning Commission acting as the Land Development Regulation Commission for comments. The Administrator shall set the application for hearing before the Planning Commission upon receipt of comments from the Site Plan Review Committee or 60 days from the date the application was received, whichever comes first.

(A)

City Council has the power to adopt and amend the Comprehensive Plan subject to the procedures set forth in F.S. Ch. 163.

(B)

The Planning Commission may submit to City Council proposals for amending any aspect of the Comprehensive Plan.

(C)

Citizens owning or having a legal or equitable interest in property in the affected area may submit to the Planning Commission proposals for amending any aspect of the Comprehensive Plan. The Planning Commission shall review the appropriateness of the proposals with respect to the goals, objectives and policies of the Comprehensive Plan and shall report same to City Council. All citizens, whether they are directly or indirectly affected, shall be given the opportunity to contribute to the planning and policy-making process through public meetings and hearings.

(D)

Amendments to the Comprehensive Plan shall not be made more frequently than two times per calendar year except as provided by F.S. § 163.3187(1)(a), (b) and (c).

Applications to amend the Comprehensive Plan shall be set for public hearing before the Planning Commission and shall be in accordance with the following four types of amendments which may be requested to change the Comprehensive Plan:

(A)

A "policy amendment", amending the text of any element of this Comprehensive Plan, thereby affecting the entire city;

(B)

An amendment to the future land use map contained in the future land use element, other than a small-scale map amendment (described below). These amendments shall be termed "map amendments";

(C)

"Small scale map amendments" meeting the requirements of F.S. § 163.3187(1)(c)l. These amendments are limited to requests for change to:

(1)

(a)

A residential land use category or categories permitting no greater than five units per acre on a parcel of five acres or less; and/or

(b)

A nonresidential land use category in an area which, taken either on its own or when combined with residential land use categories in the Comprehensive Plan amendment area, is limited to three acres or less;

(2)

Small-scale amendments may be approved without regard for amendment frequency requirements provided that the cumulative effect of small-scale map amendments shall not exceed 30 acres per year, nor shall the amendments affect the same parcel more than once per year. In addition, small-scale map amendments shall not be considered for parcels within 200 feet of property granted an amendment within the past 12 months when owned by the same party; or

(D)

An amendment to the capital improvements element may only be initiated by the City Commission.

(A)

Amendment of any aspect of the Comprehensive Plan represents a major policy decision. An amendment of the future land use map, in particular, is a declaration that the amendment is appropriate and consistent with other portions and features of the Comprehensive Plan. A significant change in circumstances affecting the suitability of the property for the kind of development intended by the future land use map, which was not contemplated at the time of adoption, may justify a reconsideration of the land use classification indicated by the future land use map. However, land use plan changes which are not functionally related to the overall purposes expressed in the future land use element could seriously undermine the integrity of both of these documents. Amendments, therefor, should not occur with the same frequency as parcel rezoning. Amendments and their effect upon the entire Comprehensive Plan, including the practical consequences of the policy shift signified by the amendments, shall be fully set forth as part of the amending ordinance.

(B)

In assessing the merits of a Comprehensive Plan amendment, the Planning Commission and the City Commission shall not be limited to consideration of the particular property affected by the proposal. Each shall consider implications the amendment should have on the future land use map in the vicinity of the affected property and the development policies being pursued. In order that City Council may be able to fully assess the consequences of approving the proposed change, the Planning Commission report shall include:

(1)

An assessment of the consistency of the proposed change with other portions and features of the Comprehensive Plan;

(2)

Recommendations for whatever further amendment would be advisable in conjunction with the proposed amendment; and

(3)

An analysis of the capital costs, additional service requirements and the benefits generated by the proposed amendment.

(A)

City Commission may amend the Comprehensive Plan upon receiving a recommendation from the Planning Commission or from evidence presented at public hearings, that the proposed change will not adversely affect the public interest.

(B)

Amendments to the future land use map shall be consistent with the goals, objectives and policies of the land use element.

(A)

The Planning Commission shall hold a public hearing on each application to amend the Comprehensive Plan and thereafter, submit to City Commission a written recommendation which:

(1)

Identifies any provision of the Comprehensive Plan, Land Development Code or other law relating to the proposed change and describes how the proposal relates to them; and

(2)

State factual and policy considerations pertaining to the recommendation.

(B)

City Commission shall hold a public hearing on the proposed amendment and may enact or reject the proposal or enact a modified proposal that is within the scope of matters considered in the hearing.

(A)

The Hearing Officer shall give the applicant for the hearing and the Administrator a minimum of ten days prior to written notice of the time, place and nature of the hearing.

(B)

In conducting a public hearing, the Hearing Officer shall have the authority to:

(1)

Issue notice of hearings;

(2)

Administer oaths and affirmations;

(3)

Issue subpoenas authorized by law, including those requiring the attendance of witnesses and the production of documents and things which may be used as evidence;

(4)

Rule upon motions presented and offers of proof and receive relevant evidence;

(5)

Issue appropriate orders to effectuate discovery;

(6)

Regulate the course of the public hearing;

(7)

Dispose of procedural requests or similar matters;

(8)

Enter any order, consistent with the authority granted by this section, to carry out the purposes of this section;

(9)

Make proposed orders and issue findings of fact and conclusions of law;

(10)

Grant continuances upon stipulation of the parties or other good cause shown;

(11)

Hold conferences for the settlement or simplification of the issues by consent of the parties;

(12)

Develop reasonable regulation for the conduct of the hearings; and

(13)

Affirm, reverse or modify the decision or order of the Utilities Superintendent which is being appealed.

A party to a hearing shall be afforded the following rights:

(A)

To appear with and be represented by an attorney at law;

(B)

To call and examine witnesses;

(C)

To introduce relevant evidence;

(D)

To cross-examine adverse witnesses on any relevant matter; and

(E)

To rebut evidence presented.

An official record of all public hearings shall be made.

Following a public hearing, the hearing official shall, within a reasonable amount of time thereafter, file with the Administrator and serve a copy of the same on all parties of record, a written report on the matter which shall include the following:

(A)

The style or title of the proceeding;

(B)

The time and place of the hearing;

(C)

Relevant issues presented; and

(D)

Findings of fact, conclusions of law and recommended order.

Within 15 days after receiving the hearing official's findings and recommended order, the Administrator shall consider the same and may adopt the order or refer the order to the City Council with a recommendation for appeal through judicial review. The Administrator shall notify the applicant in writing of the final decision in the matter.

Application for judicial review of any final orders shall be made to the Circuit Court in and for Pasco County Florida.

(A)

An order of proceedings for a hearing will depend in part on the nature of the appeal.

(1)

Before receiving information on the issue, the following shall be determined by the Hearing Officer:

(a)

Any objections on jurisdictional grounds shall be noted in the record and if there is objection, the Hearing Officer has the discretion to proceed or terminate; and

(b)

Any conflicts of interest shall be disclosed.

(2)

The Hearing Officer at the hearing may take official notice of know information related to the issue, such as the following:

(a)

Provisions of state law or of an ordinance, resolution, rule or official policy of the city; and

(b)

Other public records and facts judicially noticeable by law.

(3)

The Hearing Officer may view the area in dispute with or without notification to the parties.

(4)

Information shall be received from the staff and from proponents and opponents. The Hearing Officer may approve or deny a request from a person attending the hearing to ask a question. Unless the Hearing Officer specifies otherwise, the question will be directed to the person submitting testimony.

(5)

When the public hearing has ended, the Hearing Officer shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.

(B)

Following the hearing, the Hearing Officer shall approve or deny the application and direct City Council to affirm, reverse or remand the decision that is on appeal.

(1)

A decision on a hearing or an application for a development order shall be made within 60 days of the application. With the agreement of City Council and an applicant or appellant, the processing of a matter under consideration may be extended for a reasonable period of time as determined by the Hearing Officer, but may not exceed six months from the date of the first hearing on the matter.

(2)

A decision of the Hearing Officer shall be the final administrative determination and may be appealed only to a court of competent jurisdiction.

(C)

A recording secretary shall be present at each hearing and shall cause the proceedings to be recorded stenographically or electronically.

(1)

Testimony shall be transcribed if required for judicial review or if ordered by the Hearing Officer.

(2)

The Hearing Officer shall, where practicable, retain as part of the hearing record each item of physical or documentary evidence presented and shall have the items marked to show the identity of the person offering the same and whether presented on behalf of a proponent or opponent. Exhibits received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, at which time the exhibits may be released to the person identified thereon or otherwise disposed of.

(3)

The written findings and order shall be included in the record.

(4)

Any person shall have access to the record of the proceedings at reasonable times, places and circumstances. A person shall be entitled to make copies of the record at the person's own expense.

(5)

Any person who decides to appeal any decision with respect to any matter considered at a public hearing will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made. The record shall include the testimony and evidence upon which the appeal is based.

(A)

These public participation procedures are developed to meet the requirements of F.S. § 163.3181 and § 9J-5.004, Florida Administrative Code. These sections of the state law and rules require the adoption of a public participation program in order to facilitate adequate and continuing public input; to ensure consideration of public comments submitted; and to provide real property owners with notice of all official actions which will regulate the use of their property.

(B)

These public participation procedures will be followed whenever the Comprehensive Plan or Land Development Code is reevaluated, revised or amended. As utilized throughout this section, "revision" of the Comprehensive Plan shall mean any changes to the Comprehensive Plan proposed or adopted as a result of the periodic reevaluation of the entire Comprehensive Plan as required by F.S. § 163.3191. "Amendment" of the Comprehensive Plan shall mean those changes to the Comprehensive Plan which are proposed or adopted on a more regular basis, as specified under F.S. § 163.3187.

In keeping with the requirements of state law for the broad dissemination of proposals, to provide for communication programs, to provide for information services and to release information at regular intervals during the planning process, documents will be published during any Comprehensive Plan reevaluation, revision or amendment process and will be located as follows for viewing by the public. All draft and final Comprehensive Plan or support documents scheduled for discussion or presentation at public workshops or hearings will be provided for public examination at the Office of the City Clerk, Planning Office and City Library.

(A)

Each meeting of the Planning Commission or the City Council or of these bodies held jointly, shall be conducted in a manner so as to constitute a presentation of the alternatives, recommendations and proposals being considered in the Comprehensive Plan revision or amendment process to the general public.

(B)

The public will have the opportunity, at each the meeting, to present views and ask questions concerning alternatives, recommendations and proposals being discussed at that meeting. City staff shall be available at all workshops/meetings to record and provide informal responses to public comments, inquiries or requests, including any proposals or objections. An official record of public comments, inquiries or requests may be made at any request of the party making the recommendation or comment.

(C)

During the course of any Comprehensive Plan revision or Comprehensive Plan amendment process, any person representing himself or herself or representing a property owner or organization in Pasco County, may present comments, requests or inquiries through the staff of the Planning Office. This opportunity for personal comment and requests from members of the public outside of scheduled workshops and hearings is provided to facilitate the receipt and consideration of written comments from the public and to facilitate the city's response to the comments.

(D)

In order to ensure that relevant public comments, requests and inquiries concerning the Comprehensive Plan revision or amendment are recorded, considered and provided a response, a memo will be prepared by the planning staff receiving each public comment and the memo shall constitute an official public record of any such public comments received during the Comprehensive Plan revision process. Comments, inquiries and requests, which are presented verbally during public workshops and hearings, will also be transcribed in minutes of the meeting to constitute a formal record of public comment. A person's written transmittal shall remain the principal instrument of public comment.

(A)

Various workshops and public hearings are to be conducted during any Comprehensive Plan revision or amendment process and the Planning Office will provide public notice for each such workshop and hearing as required by F.S. § 163.3184(15). The notice shall be advertised as follows:

(B)

Due notice for a proposed change of permitted land use effecting less than five percent of the geographic area of the city shall be deemed to include notice by first class main to all known owners of property adjacent to the property under application. A list of the owners shall be taken from the latest ad valorem tax records in the Pasco County Property Appraisers Office. The applicant shall be responsible for providing the mailing list required. Additionally, a sign noticing the hearing shall be posted on all properties under application. The sign shall be of a size and with text to be determined by the Director of Development. The sign shall be posted in such a manner that the sign is clearly visible from a public or private street, preferably a collector or arterial whenever possible. The signs shall be placed at least seven days prior to the scheduled public hearing.

(C)

Notice of a public hearing shall contain at least the following information:

(1)

The date, time and place of the hearing;

(2)

A description reasonably calculated to inform a person of the location of the property for which a development order or other action is pending, including, but not limited to, use of a map or postal address and a subdivision lot and block designation, a metes and bounds description or the tax map designation of the county assessor; and

(3)

The substance of the proposed action specifying the nature of the issue being considered.

(D)

Failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this code for notice.

(E)

If the application for change is withdrawn by letter or other formal notice prior to the announced hearing or is postponed before the hearing is legally convened, new public notice for any reconsideration shall be published in the same manner as for the original notice. Where the postponement is at the request of the applicant, the cost of new notice and other incidental costs shall be paid by them as for the original petition.

(A)

Planning Commission. The Planning Commissions shall hold workshops and hearings as follows:

(1)

At least one workshop for the consideration of any Comprehensive Plan amendment; and

(2)

At lease one public hearing pursuant to F.S. § 163.3174 for any Comprehensive Plan amendment or revisions.

(B)

City Council. The City Council shall hold workshops and hearings as follows:

(1)

At least one workshop for the consideration of any Comprehensive Plan revision; and

(2)

At least one transmittal public hearing for any Comprehensive Plan revision or amendment pursuant to the requirements of F.S. § 163.3184(15)(b)2. This hearing shall include the second reading of an appropriate ordinance.

(C)

At least one adoption public hearing for any Comprehensive Plan revision or amendment pursuant to the requirements of F.S. § 163.3184(15)(b)2. This hearing shall include the third reading of an appropriate ordinance.