ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF SEMINOLE, FLORIDA, AMENDING IN ITS ENTIRETY THE CITY OF SEMINOLE CODE OF ORDINANCES, PART II, SUBPART B. LAND DEVELOPMENT CODE CHAPTER 50 ADMINISTRATION: ARTICLE I. IN GENERAL; ARTICLE II. BOARDS, COMMITTEES, COMMISSIONS; ARTICLE III. DEVELOPMENT REVIEW; ARTICLE IV. AMENDMENTS; ARTICLE V. NONCONFORMANCES; ARTICLE VI. VARIANCES; ARTICLE VII. DEVELOPMENT AGREEMENTS; AND ARTICLE VIII. AFFORDABLE HOUSING; FINDING THE AMENDMENTS CONSISTENT WITH THE COMPREHENSIVE PLAN; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR RENAMING OR RENUMBERING; PROVIDING FOR NON- SUBSTANTIVE MODIFICATIONS THAT MAY ARISE AT PUBLIC HEARING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. and WHEREAS, there has been no major update of the Land Development Code since 1991; WHEREAS, the City of Seminole Developmental Review Board (DRB), acting as the Land Development Regulation Commission, after due notice held a public hearing on May 19, 2014, to consider the proposed amendments; and WHEREAS, subsequent to the public hearing, the DRB found the proposed amendments to be consistent with the Comprehensive Plan and transmitted said proposed amendments to the City Council for consideration and action; and WHEREAS, on September 24, 2014, the City of Seminole City Council adopted on first reading the proposed amendments; and WHEREAS, after due notice pursuant to Florida Statues, Chapter , published on October 3, 2014, the City of Seminole City Council acting as the Local Governing Body held an advertised public hearing and adopted on second and final reading the amendments; and WHEREAS, the City of Seminole City Council affirmatively declares that said adopted amendments are consistent with its Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED, by the City of Seminole, Florida, as follows: Section 1. Section 2. This ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, et. seq., Florida Statutes. The City of Seminole Land Development Code, Chapter 50 is hereby Ord. No Page 1

2 amended in its entirety as attached in Exhibit A, where strikethrough text is to be deleted and underlined text is new text to be added. Section 3. Section 4. Section 5. It is the intention of the City Council of the City of Seminole that each new or modified article and section within Chapter 50 hereof be numbered in proper order and sequence, and that any out of order or misnumbered article or section contained in this ordinance shall not affect the validity of any other provisions of this ordinance, the City of Seminole Comprehensive Plan, or the City of Seminole Land Development Code, but shall instead be automatically renumbered and ordered accordingly. It is the intention of the City Council of the City of Seminole that each provision hereof be considered severable, and that the invalidity of any provision of this ordinance shall not affect the validity of any other provisions of this ordinance, the City of Seminole Comprehensive Plan, or the City of Seminole Land Development Code. This ordinance shall become effective immediately upon its adoption at second reading. APPROVED ON FIRST READING: September 24, 2014 PUBLISHED: October 3, 2014 PASSED AND ADOPTED ON SECOND AND FINAL READING: October 14, 2014 ~~~ ~WATERS, MAYOR I, Rose Benoit, City Clerk of the City of Seminole, Florida, County of Pinellas, State of Florida, a municipal corporation do hereby certify the foregoing and hereto attached is a true and correct copy of Ordinance No which is on file in the City Clerk's Office: IN WITNESS WHEREOF, I hereunto set my hand and affixed the seal of the City of Seminole, Pinellas County, Florida, this 14 1 h day of October, ~~~nit Rose Benoit, City Clerk Ord. No Page 2

3 CHAPTER 50. ADMINISTRATION ARTICLE I. IN GENERAL Secs Reserved. DIVISION 1. GENERALLY Secs Reserved. ARTICLE II. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. DEVELOPMENTAL REVIEW BOARD Sec Created. There is hereby created a board to be called the developmental review board. The board shall consist of five members with a quorum of three members and one alternate member, none of whom shall be an employee or an elected official of the city. The alternate member shall serve on the developmental review board only when required to provide a quorum. The code administrator community development director of the city shall act in an advisory capacity to the developmental review board without vote on matters before the board. Sec Terms. Appointments approved by the city council to the developmental review board shall be for terms of two years, with terms commencing on April 1 of the year in which an appointment is made; except an appointment to a vacancy occurring during the unexpired term of a member with more than 90 days remaining in the term shall be filled for the unexpired portion of the term. Three members shall serve on terms that commence in odd-numbered years, and two members and the alternate member shall serve on terms that commence in even-numbered years. Sec Responsibilities. The developmental review board shall have the responsibility to: (1) Recommend to the city council regarding changes that need to be made with respect to land development code, changes to site specific land use and/or zoning and special exception uses within the city. (2) Coordinate with the State, the Tampa Bay Regional Planning Council, and the county with respect to planning that affects the city and to report on those matters to the city council. (3) Consider and render decisions on applications for variances, special exceptions and appeals from administrative opinions and decisions concerning building and interpretations of the land development code. (4) Act as the land development regulation commission per Sec (25)F.S., as amended, to develop and recommend to the city council, land development code amendments which implement the adopted comprehensive plan and to review the land development code, or amendments thereto, for consistency with the adopted plan and report to the city council regarding its findings. Sec Local planning agency. Pursuant to and in accordance with F.S , the developmental review board is designated and established as the local planning agency for the city for those site specific applications in which the City Council considers comprehensive plan and comprehensive plan future land use map amendments. Re-zonings that would, if approved, increase residential density, a school board representative is hereby designated as a non-voting member of the Local Planning Agency. Chapter 50: Page 1 of 32

4 Secs Reserved. ARTICLE III. DEVELOPMENT REVIEW DIVISION 1. GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abut means to physically touch or border upon, or to share a common property line. Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to: (1) Interests related to health and safety; (2) Police and fire protection services; (3) Densities or intensities of development; (4) Transportation facilities; (5) Recreational facilities; (6) Educational facilities; (7) Health care facilities, equipment or services; and (8) (7) Environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons. Department means the building/life safety services section community development department. Developer means any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property. Development or development activity means any of the following activities, including, but not limited to: (1) Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site. (2) Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, including the long-term storage of materials. (3) Subdividing land into two three or more parcels. (4) Installing landscaping or A tree removal for which authorization is required under this land development code. (5) Erection of a permanent sign unless expressly exempted by this land development code. (6) Alteration of an historic property for which authorization is required under this land development code. (7) Changing the use of a site so that the need for parking is increased. Development as defined in Section , F.S, as amended. (8) Construction, elimination or alteration of a driveway onto a public street. (9) Any activity on a site, lot or parcel, irrespective of whether or not a permit is required for said activity, that would have the effect of causing stormwater to flow onto adjacent properties when the flow of stormwater is not contained within a dedicated drainage system or drainage easement. Development order means an order granting, denying or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order, and development permit. See subsections (1)--(3) below. (1) Preliminary development order means any preliminary approval that does not authorize actual construction, mining or alterations to land and/or structures. A preliminary development order may Chapter 50: Page 2 of 32

5 authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration. For purposes of this land development code, preliminary development orders include future land use map amendments, comprehensive plan amendments which affect land use or development standards, land use permits, variances, and master plan approvals for phased projects. (2) Final development order means the final authorization of a development project, the authorization of which must be granted prior to issuance of a development permit as defined for purposes of this land development code. The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like. For purposes of this land development code, final development orders include minor site plans, major site plans, final subdivision plats, and special exceptions. (3) Development permit. For purposes of this land development code, a development permit is that official city document that authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include, but are not limited to all types of construction permits (plumbing, electrical, foundation, mechanical, in addition to the building permit itself), grading and clearing permits, tree removal permits, and sign permits. Director means the code administrator community development director. Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation. acre). Gross density or density means the total number of dwelling units divided by the total site area (units per Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. Improvement means any manmade, immovable item that becomes part of, is placed upon, or is affixed to real estate. Owner means a person who, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property. Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this land development code or lead to absurd results, a parcel may be as designated for a particular site by the director. Vehicle use area means an area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards. Cross references: Definitions generally, 1-2. Sec Purpose. This article sets forth the application and review procedures required for obtaining development approvals, including minor and major site plans, special exceptions, and building and other permits. Chapter 50: Page 3 of 32

6 Sec Withdrawal of applications. An application for development approval may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing. Secs Reserved. DIVISION 2. SITE PLAN REVIEW PERMITS Sec Uses which require site plan review. The following uses require site plan review: (1) All new construction (including parking lots, mobile home subdivisions and parks) except single-family, dwellings, duplexes or triplexes when a single family home is constructed on an individual lot or parcel. This provision does not exempt these uses from complying with other codes, regulations and ordinances that may require applicable to site plan review. Pursuant to Chapter 59, all non-residential and residential as part of a mixed-use development exterior modifications that involve an enlargement or expansion may require submittal and approval of a site plan. (2) Additions to existing uses (other than those listed above) where new impervious land coverage will equal 25 percent or more of the remaining permeable area of the lot or parcel. (2) Additions to existing uses where new impervious land coverage will be less than 25 percent of the remaining permeable area of the lot or parcel need not comply with requirements of section et seq. except when if deemed appropriate and necessary by the city manager or city manager his authorized designee. However, aapplicants for such additions may be required to submit preliminary plans containing information required in section for approval prior to receiving a zoning clearance and site plan approval for construction. (3) All subdivisions, as defined by F.S. Chapter 177, except one-lot subdivisions. Sec Preliminary site plan review approval process. (a) A preliminary site plan review shall be the first step in obtaining site plan approval unless an applicant opts to submit a direct directly for a final site plan review (section ). (b) An applicant may request to submit directly to a final site plan. Such requests shall be made in writing to the building/life safety services section Applications for site plan review shall be completed and submitted to the community development department and shall include all items as required in section Such plans shall be reviewed in accordance with the requirements of the Code this chapter; except where plans meet all city requirements for site plans approval, such approval pursuant to section may be granted when the initial review is complete. It is strongly suggested that all applicants for direct final site plan review meet with the building/life safety services section community development department to determine specific requirements prior to submittal of a direct final site plan. Persons wishing requesting preliminary site plan review shall submit six five copies of the preliminary site plan as outlined in section , to the building/life safety services community development department for review. (c) The building/life safety services section community development department shall distribute copies of the preliminary plan to the department of public works, city engineer, and the district fire administrator department for review and comment, with all comments being returned to the building/life safety services section community development department. Comments returned shall pertain to the agency's reviewer s area of specific authority and shall contain specific requirements upon which approval of the site plan shall be based. These may include but not be limited to requirements of the city's adopted comprehensive plan and the city's land development regulations and other similar laws, ordinances, codes or regulations properly affecting the use or development of land. These may also include any policy, manual, directive or standard for good site design adopted through resolution or ordinance of the city council. Following receipt of the comments from the various departments reviewers, the building/life Chapter 50: Page 4 of 32

7 safety services section community development department shall prepare a project review to be submitted to the owner or representative of the project or may prepare a project review to be submitted to the city manager, or designee, for approval. (d) Any preliminary or direct final site plan may be reviewed by and at the request of the city council. When deemed necessary for the protection of the health, safety or welfare of the public, the city council may attach reasonable safeguards and requirements upon which the site plan approval becomes conditional. Sec Final site plan review approval process. (a) Persons wishing final site plan review shall submit 12 all necessary copies of the final site plan and submittal requirements, pursuant to section , to the building/life safety services section community development department for review. (b) The building/life safety services section community development department shall distribute copies of the final site plan to the director of public works, the city engineer, and the district fire administrator department, as needed, for comment and to the county concurrency management office, with all comments being returned to the building/life safety services section community development department. A copy of the plan shall also be provided to the servicing electrical company and the county school board. (c) Following receipt of the comments from the various departments, the building/life safety services section community development department shall prepare a project review to be submitted to the city manager, or city manager designee, for approval, approval with conditions or denial. (d) Any person who has received a denial on the final site plans may request a direct appeal of such denial to the city council by submitting a request for an appeal in writing to the city manager, and stating the reasons justifying the appeal. (e) Unless approved by appeal, all final site plans shall be approved by the city manager or city manager designee his designated representatives. Sec Preliminary site plan submittal requirements. The applicant shall submit 12 copies one original and three copies of the signed and notarized application and the appropriate number of copies of all other materials as required on the city s site plan application form to the containing all data and information required as follows in this section, to the building/life safety services section community development department. The materials that may be required to be submitted, as delineated on the site plan application, includes but are not limited to the following : (1) Signed and sealed site plans (existing conditions and proposed development). (2) Applicant, property owner and agent information. (3) Proposed development information. (4) Proof of ownership. (5) Site data table information. (6) Preliminary site plan information. (7) Landscape plan/tree survey. (8) Stormwater plan information. Chapter 50: Page 5 of 32

8 (9) Building elevations (if applicable). (10) Signage plan (if applicable). (11) Traffic impact study, if required. (12) Water/sewer capacity and availability. (13) Fire flow calculations/water study, if required. (14) Environmentally sensitive lands information. (15) Supplemental material. (16) Signature block. (17) Affidavit to authorize agent, if necessary. Sec Final site plan submittal requirements. The applicant for a final site plan shall submit six all necessary copies, as outlined in the site plan application, containing all data and information required as follows, in this section to the building/life safety services section community development department. (1) All data and information required on the preliminary site plan as set out in section (2) Any previous preliminary site plan review comments made by the City (23) An analyses addressing concurrency pursuant to Chapter 54, including but not limited to, A a statement from the servicing utility companies that supply water, sewer and electric service indicating that utility service is available for the proposed development. If water or sewer service is not available, the county health department must approve potable well water and/or septic tank design, where applicable, before site plan approval can be recommended please contact the community development department for resolution of this issue. However, in no case shall the building/life safety services section community development department allow septic tank use. (4) Written approval from the city s solid waste provider regarding the proposed size and location of the proposed solid waste receptacle. (5) A traffic concurrency analysis pursuant to Chapter 54 or as applicable, a statement from Pinellas County and/or FDOT that adopted levels of service are being met or if not, what mitigation measures are required. (6) Any outstanding state, county or city permit approvals, such as right-of-way permits and water management district permits. (7) Any other information as requested by the City that is considered necessary for project approval. Sec Adherence to approved site plans. All development shall be considered constructed in strict compliance with the approved final site plan. Any additional site/development alteration shall require further site plan review and approval. All land or water areas required to remain in a natural condition shall not be altered in any way from such natural condition except by further site plan review and approval. Chapter 50: Page 6 of 32

9 Sec Time limits on site plans. (a) Preliminary site plan. (1) It is intended that a preliminary site plan review shall only remain valid for a period of 180 calendar days. If no revised preliminary or final site plan is submitted within 180 calendar days of the date of the preliminary site plan review, the preliminary site plan shall become void. (2) It is intended that when site plan comments or reports (other than preliminary site plan review) are provided to a preliminary site plan applicant, the applicant shall have 90 calendar days from the date when the comments were forwarded by the city to the applicant in which to revise and submit a site plan in compliance with the reports or review, comments to the city for further review. Site plans not revised and received within the 90-day period shall be reviewed for compliance with city requirements in effect on the date of resubmittal the City receives the resubmission. When received within 90 days, the plan shall be reviewed under the requirements provided to the applicant in the city's previous review or report. (d) Any site plan not approved within one year from the date of initial submittal shall be reviewed for compliance with all site plan requirements in effect on the date of approval of such plan. (3) Any approved final site plan upon which no construction has begun or been superceded by a revised final site plan within six months (180 days) shall be void and require resubmission. Failure to resubmit a preliminary site plan pursuant to City comments will increase the time required to review and comment. The applicant will be responsible for additional charges for the further preliminary review. as well as the final review. All the above information will be required before final approval. All subdivisions and threshold buildings will require city council approval. (b) Final site plan. (1) For single-phase projects. The site plan approval shall only remain valid for a period of six months one year from the issuance date of a development order unless a building permit or construction plan approval for subdivisions for the project is obtained within six months one year from the date of site plan approval (issuance of a development order), and construction of the project continues in good faith thereafter, in accordance with the approved site plan and permits. (2) For multi-phase or multi-building projects. The site plan shall only remain valid for a period of six months one year from the issuance date of a development order unless a building permit or construction plan approval for subdivisions is obtained for the first phase or building within six months one year from the date of the site plan approval and construction continues in good faith thereafter, in accordance with the approved site plan and permit. Each subsequent phase or building to be constructed must receive a building permit within one calendar year of the site plan anniversary date of the preceding phase or building (for which a permit was obtained and for which construction has continued in good faith) and construction continues in good faith thereafter in accordance with the approved site plan and permit, and permits for all subsequent phases or buildings issued pursuant to this original site plan. Any site plan for which construction has not commenced pursuant to these requirements shall become void, and a new site plan meeting all current standards required for site plan approval must be submitted and approved prior to further development being authorized. (3) It is intended that when site plan comments or reports (other than preliminary site plan review) are provided to a final site plan applicant, the applicant shall have 90 calendar days in which to revise and submit a site plan in compliance with the reports or review, to the city for further review. Site plans not revised and received within the 90 calendar day period shall be reviewed for compliance with city requirements in effect on the date of resubmittal resubmission. When received within 90 calendar days, the plan shall be reviewed under requirements provided to the applicant in the city's previous review or report. (4) Any final site plan not approved within one calendar year from the date of initial submittal shall become void and must be resubmitted and reviewed for compliance with all site plan requirements in effect on the date of approval resubmission of such plan. Chapter 50: Page 7 of 32

10 (5) Any approved final site plan upon which no construction has begun or been superceded by a revised final site plan within six months (one year shall become void and require resubmission. Failure to submit a preliminary site plan will increase the time required to review and comment. The applicant will be responsible for additional charges for the preliminary review as well as the final review. Any previously approved final site plan which has been superseded by a revised final site plan shall become void. All the above information will be required before final approval. All subdivisions and threshold buildings will require city council approval. Sec Fees. Fees for site plan review applications shall be by resolution by the city council. A schedule of fees is available in the community development department. Notwithstanding the adopted fee schedule, applicants shall be financially responsible for costs incurred by City for the use of outside review consultants or engineers that are required by the City. Sec Reserved. DIVISION 2 3. PERMITS Subdivision I. In General Secs Reserved. Subdivision II. Land Use Permits Sec Required. No use of any land or structure shall be commenced until such time as the proper land use permit approval has been issued according to the provisions of this subdivision; however this subdivision shall not require land use permits approval for any use existing as of the date of adoption of this land development code. (1) The proposed use must conform to all of the requirements of this land development code, including all of the specific requirements of the particular zoning district within which the use is proposed. (2) Prior to the issuance of any occupational license business tax receipt to any new applicant for an occupational license a business tax receipt or to any applicant who wishes to change the location of any existing licensed receipted occupation, the licensing officer community development director shall first determine that the use applied for conforms to all requirements of this land development code. (3) Land use permits Approval shall be issued by the building community development department of the city. Secs Reserved. Subdivision III. Development Permit Sec Application. No application for a development permit shall be approved unless the application conforms to the following: (1) All of the requirements of this land development code for the zoning district in which the improvement is proposed. (2) The requirements and/or conditions of the land use permit approval. (3) All other applicable requirements of this land development code. Chapter 50: Page 8 of 32

11 Sec Prerequisites and concurrency related to issuance of development permit. (a) Except as provided in section , a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to this land development code. Further that a condition of permit issuance shall require that all other applicable county, regional regulatory agency, state or federal permits be obtained before development commences and that the issuance of a development permit does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (b) Developments or redevelopments requiring the use of potable water, sanitary sewer, solid waste, or drainage facilities shall receive development orders subject to: (1) The public facilities being in place at the time of issuance of the certificate of occupancy; or (2) The provision of the facilities being guaranteed in an enforceable development agreement pursuant to Section , Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes, to be in place at the time of certificate of occupancy issuance. (c) Developments or redevelopments requiring the use of park and recreation facilities shall receive development orders subject to: (1) The facilities and services are in place or under construction at the time of development order issuance; or (2) Dedications of land and facilities or fees in lieu are committed by the time of certificate of occupancy issuance; or (3) The development order is issued conditioned on the necessary facilities and services scheduled to be in place or under construction not more than one year after certificate of occupancy issuance as provided in the Schedule of Capital Improvements; or (4) The necessary facilities are subject to a binding agreement which requires them to be in place or under construction not more than one year after certificate of occupancy issuance; or (5) When the development order is issued, the facilities and services are guaranteed in an enforceable development agreement stipulating that they will be in place or under construction not more than one year after certificate of occupancy issuance. (d) Developments or redevelopments requiring the use of roads shall receive development orders subject to: (1) The public facilities being in place or under construction at the time of issuance of the certificate of occupancy; or (2) The development order is issued conditioned on the necessary facilities and services will be in place or under construction not more than three years after certificate of occupancy issuance as provided in the Schedule of Capital Improvements. (3) The development order is issued pursuant to a Development Agreement. (e) Developments or redevelopments shall be considered to have de minimis impact related to levels of service provided they comply with all of the following conditions: (1) The proposed increase in density or intensity is less than or equal to twice the density or intensity of the existing development, or for the development of a vacant parcel of land, at a residential density of less than four dwelling units per acre or for nonresidential uses, at an intensity of less than 0.1 floor area ratio. (2) Isolated vacant lots in predominantly residential areas, where single-family homes would be suitable, may be developed for single-family residential under the de minimis exemption even if smaller than one quarter acre in size. (3) The transportation impact of the development alone does not exceed one (1) percent of the maximum service volume at the adopted level-of-service standard. Chapter 50: Page 9 of 32

12 (4) The cumulative total transportation impact from the de minimis exceptions does not exceed three (3) percent of the maximum service volume at the adopted level of service standard if the facility does not meet the minimum level-of-service standard. Sec Exceptions to requirement of a final development order. (a) Unless otherwise specifically provided, the development activity shall conform to this land development code and any technical construction standards established by the city. (b) A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this land development code: (1) Development activity necessary to implement a valid site plan on which construction commenced prior to the adoption of this land development code, as amended. Compliance with the development standards in this land development code is not required if in conflict with the previously approved plan. (2) The construction or alteration of a one-, two- or three-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this land development code, as amended. Compliance with the development standards in this land development code is not required if in conflict with the previously approved plat. (3) The alteration or remodeling of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site. (4) The erection of a sign or the removal of protected trees on a previously developed site and independent of any other development activity on the site. (5) The resurfacing of a vehicle use area that conforms to all requirements of this land development code. Sec Post-development Order or Post-permit changes. After a development order or permit has been issued, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the development order or permit without first obtaining a modification of the development order or permit. A modification may be applied for in the same manner as the original development order or permit. A written record of the modification shall be entered upon the original development order or permit and maintained in the files of the department. Secs Reserved. ARTICLE IV. COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS Sec Generally. The procedures in this article shall be followed in amending this land development code, and the comprehensive plan, comprehensive plan future land use map and the zoning map. This article supplements the mandatory public hearing and notice requirements of state law, which must be adhered to in all respects. Subject to the procedural requirements of F.S. chs. 163 and 166., Approval of said amendments by the city council shall be by ordinance. may change the comprehensive land use plan designation and/or the zoning classification of any property, district or the boundaries of any district within the city. Any action to approve, to modify or to deny an application for change in the comprehensive land use plan designation and/or zoning classification shall be taken only in conjunction with a duly noticed and scheduled public hearing thereon. Chapter 50: Page 10 of 32

13 Sec Application for change of future land use map designation or /rezoning Any property owner, the developmental review board, or the city council, or the city manager or city manager designee, may initiate an action to effect application for a change in the comprehensive plan future land use plan designation, and/or the rezoning classification of real property by filing written application with the building/life safety services section community development department. The community development director shall refer such applications to the developmental review board for its recommendation. The application shall contain, but not be limited to the following: (1) The signature of the property owner and/or, where applicable, the signature of the chairman of the developmental review board or of the president mayor of the city council, or the City Manager or city manager designee. If the property owner is represented by an agent, proof of the agency shall be made a part of the application. (2) The names and addresses of all owners of the property sought to be affected by the change. (3) An accurate legal description of the property to be sought to be affected by the change. (4) The comprehensive plan future land use map plan designation and the zoning map classification of the property at the time of the application. (5) The comprehensive plan future land use map plan designation and/or the zoning map classification proposed for the property. (6) The names and addresses of the owners of other properties lying within 300 feet of the property. (7) When the application is initiated by the property owner, a certification of title ownership stating that the applicant is the title holder of record of the property described in the application. The certification shall be signed by an officer of the title company or by a duly licensed attorney at law. (8) Statement of reasons for granting the requested change in the comprehensive plan future land use map plan designation and/or zoning classification. The reasons may include but are not to be limited to: a. Change of conditions in the area. b. Community need for additional lands with the comprehensive plan future land use map plan designation and/or zoning classification proposed. c. Benefits to the community. (9) Failure of an applicant or applicant s his representative to be present at a scheduled proceeding shall be sufficient cause to deny the request on the basis of lack of evidence or without prejudice. (10) Withdrawal of an application must be made in writing over the signature of the applicant. Any fees paid by the applicant will be refunded after all costs to retained by the city have been recovered. Sec Amending land development code and/or comprehensive plan regulation. The developmental review board, the city council, the city manager, city manager designee or private individual may initiate an application to change the land development code or comprehensive plan (except as noted in Sec ). The code administrator community development director shall refer applications to amend this land development code or comprehensive plan to the developmental review board for comment. The director shall set the application for hearing for 60 days from the date of the application. Chapter 50: Page 11 of 32

14 Sec Developmental review board review. (a) General requirements. The developmental review board, acting in its capacity as the Land Development Commission or as applicable, the Local Planning Agency, shall hold a public hearing on each application to amend this land development code or the comprehensive plan, or rezoning applications, and thereafter, submit to the city council a written recommendation, which: (1) Identifies any provisions of the land development code, comprehensive plan, or other law relating to the proposed change and describes how the proposal relates to them. (2) States factual and policy considerations pertaining to the recommendation, including consideration of the Standards for Review for amendments to the comprehensive plan, including the amendments to the future land use plan map, contained in the comprehensive plan future land use element, which includes, but is not limited to the following: 1. Consistency of the proposed change with the goals, objectives and policies in the Comprehensive Plan and its affect on the internal consistency of the Plan. It is not the intent of this criteria that consistency with all Comprehensive Plan goals, objectives and policies must be required, but rather a balancing of relevant goals, objectives and policies applicable to the review and the overall benefit to the City. 2. Consistency with the Countywide Rules, if applicable. 3. Appropriateness and compatibility with surrounding existing uses and development patterns relative to intensity, density and scale (the relationship of a development in terms of size, height, bulk and aesthetics to its surroundings.). This shall include providing an appropriate transition of land uses adjacent to existing residential development and natural resources. 4. Appropriateness and compatibility with surrounding designated future land use categories relative to intensity, density and scale (the relationship of a development in terms of size, height, bulk and aesthetics to its surroundings.). This shall include providing an appropriate transition of land uses adjacent to future residential development and natural resources. 5. Impact on public facilities/services including, but not limited to the evaluation of the availability of, and actual and anticipated demand on, public facilities and levels of services serving or proposed to serve the subject property. The facilities and services required for analysis include parks and recreation, potable water, public transportation, sanitary sewer, schools, solid waste, stormwater, and the transportation network. 6. Impact on natural resources/features including, but not limited to: a. Location of flood zones and the demonstration that the proposed land uses in flood-prone areas are suitable to the continued natural functioning of the floodplain; b. Impact on on-site or adjacent environmentally sensitive lands, and c. Impact on energy efficient land use patterns. 7. Consideration of the above factors relative to the impact of the proposed amendment on the Future Land Use Plan and the surrounding area, the appropriateness of the timing of the proposed amendment and establishment of any precedent. (3) Considers all direct testimony and evidence whether favorable or unfavorable to the application. (4) Makes a recommendation to the city council on the land development code and comprehensive plan amendments, based on pertinent testimony and evidence presented at the hearing. Chapter 50: Page 12 of 32

15 (b) Notice requirements for comprehensive plan future land use map plan or land development code and zoning amendments, and rezoning applications. All applications for change in comprehensive land use plan designation and/or zoning classification shall first be brought before the developmental review board, the designated local planning agency for the city, for review and recommendation to the city council. Notice requirements are as follows: Prior to the developmental review board review: (1) Notice of the matter shall be published two times by legal notice in a newspaper of general circulation in the county. The first advertisement shall be published at least 12 ten (10) calendar days, and the second advertisement shall be published at least five three (3) calendar days before the scheduled meeting date. (2) Subject property shall be posted with notice of the scheduled developmental review board meeting at least 14 calendar days prior to the scheduled meeting date. (3) A notice letter prepared by the community development director shall be mailed by the City to all abutting/adjacent property owners at least 14 calendar days prior to the public hearing date. The developmental review board shall receive all direct testimony and evidence whether favorable or unfavorable to the application. (4) Following developmental review board review of the application and of pertinent testimony and evidence presented, the board shall make recommendation thereon, which shall be presented to the city council in public hearing for its action. The board recommendations shall include a summation of the testimony and evidence presented to the developmental review board..sec City council review. (a) Generally. The city council shall hold a public hearings as required by this article and F.S , and as may be required by said statutes, on a proposed amendment to the land development code, the comprehensive plan, comprehensive plan future land use plan map, or rezoning. 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. (b) Changes in to the comprehensive land use plan future land use plan map designations and/or text amendments. (1) Applications concerning or involving a proposed change in comprehensive plan future land use plan designation shall be considered by the city council in at two public hearings duly noticed as required by F.S and and as hereinafter required provided. (2) In a public hearing, duly noticed by legal notice published in a newspaper of general circulation in the county at least seven days before the scheduled meeting date, At the first public hearing, the city council shall receive the recommendations of the developmental review board, hear testimony and receive evidence from concerned public, and decide the comprehensive land use plan proposal to be submitted to the county planning council, the countywide planning authority, and state, if applicable, for review, and recommendation, and/or approval. City council action shall be: a. To approve the application change as requested for transmittal to the county planning council for review and recommendation; b. To modify the application change requested to a less intensive land use and/or zoning classification or modify the text amendment, and approve the modified change for transmittal to the county planning council for review and recommendation; or c. To deny the application, which shall be the final action thereon. (3) Upon receipt of the county planning council recommendations, the proposed change shall be considered by tthe city council at a the second public hearing held in conformance with the requirements of state F.S (15). At a duly noticed and scheduled public hearing, the city council shall consider the recommendations of the county planning council developmental review board and other review Chapter 50: Page 13 of 32

16 agencies, hear testimony and receive evidence from concerned the public., and decide the comprehensive land use plan amendment to be submitted to and state land planning agency for action in accordance with. City council action shall be: a. To approve the proposed change for transmittal to the state land planning agency for action; b. To modify the proposed change to a less intensive land use and/or zoning classification and approve the modified change for transmittal to the state land planning agency for action; or c. To deny the application, which shall be the final action thereon. (4) Within 60 days of the receipt of written comments and recommendations from the state land planning agency, at a duly noticed and scheduled public hearing held in conformance with the requirements of F.S (15), after consideration of such comments and recommendations and of testimony and evidence from concerned public, the city council shall: a. Adopt the application change as proposed; b. Amend the proposed application change to accord with the approval of the countywide planning authority and comments and recommendations received from the state land planning agency and adopt the amended change, and submit the change to the state for review, if required; or c. Determine that it will not adopt or amend the proposed change and deny the application, which shall be the final action thereon. (c) Rezoning application or amendment to the land development code. (1) Applications for amendment to the land development code or change in zoning classification of real property that do not include or involve a change in the comprehensive plan future land use plan designation of that property shall be decided by the city council at a two public hearings, duly noticed and scheduled in conformance with the requirements of state law, F.S (3)(c)., and as further required herein. (2) Rezoning In cases involving 10 acres or less than of land area five percent of the total land area of the city, notice of the required public hearing shall be given by mail to the owner of subject property, or his designated agent and to all other owners of property within 300 feet of the boundaries of the subject property within at least calendar days, and by legal notice published in a newspaper of general circulation in the county at least seven days prior to the date set for public hearing. In the public hearing, the city council shall receive the recommendations of the developmental review board and hear testimony and receive evidence from the concerned public. Upon conclusion of the public hearing, the city council action shall be: a. To approve the requested change in zoning classification and to initiate an ordinance effecting the requested rezoning of the property concerned; b. To modify the requested zoning classification to a less intensive use classification and to initiate an ordinance effecting the modified rezoning of the property concerned; or c. To deny the application, which shall be the final action thereon. (3) Rezoning In cases involving five percent or more than 10 acres of the total land area of the city, or amendments to the land development code, the city council shall hold two public hearings, duly noticed and scheduled in conformance with the requirements of state law, F.S (3)(c)2. and Chapter 50. a. At the first scheduled public hearing, the city council shall consider the recommendations of the developmental review board and testimony and evidence from concerned public. City council action shall be: 1. To approve and continue the application unchanged for consideration and decision at the second scheduled public hearing, concurrency concurrently passing at first reading an ordinance to effect rezoning of the property concerned; 2. To modify the zoning classification requested to a less intensive use classification or modify the land development code amendment, approving and continuing the modified application for consideration and decision at the second public hearing, concurrently Chapter 50: Page 14 of 32