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SECTION 47-24. DEVELOPMENT PERMITS AND PROCEDURES
Sec. 47-24.1. Generally.
A. No application for a development permit issued by the city for the development of land within the city shall be reviewed or development permit issued, unless in compliance with the requirements and in accordance with the procedures set forth in this Section 47-24.
B. No person shall undertake any development in the city as defined herein, nor shall any person use or develop any parcel of land or water for any purpose without first obtaining a development permit from the city in accordance with this section. No building or engineering permit shall be issued for a development which is not in compliance with the development permit issued for such development.
C. List of development permits. Table 1 provides a list of the types of development, the development order required for each and the department, committee, board or commission with authority to review, approve, or both, the development permit. Table 1 also identifies the review criteria required for a permit, as further described in Section 47-25, Development Review Criteria.
1. Requirements for a certificate of compliance. Prior to the issuance of a permit as required by this section, a certificate of compliance (COC) shall be issued by the department when the requirements for a specific development permit have been met. A COC shall also be required for all development which is regulated by the ULDR and which is not otherwise required to obtain one (1) or more of the development permits as provided herein.
D. Development review criteria. In addition to meeting the requirements of the district in which a proposed development is located; the standards for the use and location of the development and the requirements for a development permit as set forth in this section; all development permits shall be subject to Section 47-25, Development Review Criteria, as specified therein.
E. Review process. Table 1 identifies the department, committee, board or commission with authority to review and approve the issuance of a development permit. Table 1also identifies which permits may be reviewed by the city commission upon city commission request, and the appropriate body to consider an appeal from a denial of a development permit.
F. Application requirements. An application for a development permit shall be submitted to the department on forms provided by the department. Unless otherwise provided herein, the following is a list of the minimum requirements for an application for a development permit. Additional information necessary in order to determine if the development meets the ULDR may be required as identified on the application form for a specific development permit.
1. Name, address and telephone number of the applicant or authorized representative for the applicant.
2. A statement of ownership of the subject property or proof of authorization to apply for a development permit from the legal property owner of the parcel proposed for development.
3. Survey of the subject property.
4. Legal description of the subject property.
5. A brief description of the development permit request.
6. Existing use of the subject property.
7. Proposed use of the subject property
8. Existing zoning of the subject property.
9. Existing land use designation of the subject property.
10. Existing zoning, existing use, and existing land use designation of lands within seven hundred (700) feet of the subject property.
11. A general vicinity map showing the location of the parcel proposed for development or use at a scale of not less than one (1) inch equals five hundred (500) feet.
12. Such other information as required pursuant to the ULDR and additional information necessary to support the application.
a. Property appraiser's tax map showing all properties required to be noticed, and their relation to the subject parcel.
b. List of property owners' names, tax identification number and address and one (1) set of addressed size #10 envelopes, with appropriate postage affixed and showing the city's return address for each property owner required to be noticed.
G. Applicant. When used herein an applicant for a development permit shall have the meaning provided as follows:
1. An owner of property shall be the owner in fee simple title of the property proposed to be developed or his or her authorized representative who wishes to develop or use property within the city in a manner which by the ULDR requires a development permit; or
2. The city, by and through the city manager, city commission or department.
H. Fees and costs. All applications for a development permit shall have an application fee as established by the city commission as set forth in a resolution, as amended from time to time. In addition to the application fee, any additional costs incurred by the city including review by a consultant on behalf of the city or special advertising costs shall be paid by the applicant. Any additional costs which are unknown at the time of application but are later incurred by the city shall be paid by the applicant prior to the issuance of a development permit.
I. Determination of completeness.
1. Within five (5) business days of receiving an application for a development permit, the department shall review the application to determine if the information provided is complete. The department shall notify the applicant of any deficiencies in the application.
2. Upon submittal of additional information, the department will determine if the application is complete.
3. If an applicant fails to provide additional information as requested by the department within two (2) weeks of the request or respond to the department with a time when the information will be submitted, the application shall be deemed to be withdrawn by the applicant.
4. At a minimum, an application for a development permit must evidence compliance with the city's adopted land use plan and the minimum standards of the ULDR.
5. Review of an application by the department shall not commence until the application is determined to be complete.
J. Burden of proof. The applicant shall have the burden of showing that all standards, requirements, and criteria of the ULDR have been met.
L. Number of votes required for approval. Approval of a development permit as required by the ULDR shall be by a majority vote of a quorum of the members of the board, committee or commission present and voting on such permit, except as follows:
1. Board of adjustment approval of a variance or special exception, motion for rehearing or an interpretation of the ULDR shall be by a vote of a majority plus one (1).
M. Expiration of site plan and conditional use approvals.
1. All site plans, conditional use approvals and certificates of appropriateness (hereinafter collectively referred to as "site plan")shall expire unless:
a. A complete application for a building permit for an above-ground principal structure as shown on the approved site plan has been submitted within eighteen (18) months following the date of approval of the site plan; and
b. A building permit for such above-ground principal structure is issued within twenty-four (24) months following the date of approval of the site plan; and
c. Such building permit remains valid and in effect until a certificate of occupancy, or other equivalent approval is granted for such principal structure.
2. An approved site plan that includes more than one (1) principal structure, shall expire unless:
a. A complete application and building permit and a certificate of occupancy is issued for one of the above-ground principal structures as provided in subsection M.1; and
b. A complete application for a building permit for any subsequent above-ground principal structure shown on the approved site plan has been submitted within eighteen (18) months following the date of issuance of a certificate of occupancy for the principal structure most recently completed; and
c. A building permit for such above-ground principal structure is issued within twenty-four (24) months following the date of issuance of a certificate of occupancy for the principal structure most recently completed; and
d. Such building permit remains valid and in effect until a certificate of occupancy or other equivalent approval is granted for such principal structure; and
e. A complete application is submitted and building permits are issued for each subsequent principal structure in accordance with subsections 2.a., b., and c. until a certificate of occupancy of its equivalent is issued for all of the principal structures on the approved site plan.
f. Notwithstanding the provisions of this subsection 2., a site plan that includes more than one principal structure shall expire if certificates of occupancy for all principal structures have not been issued within seven (7) years of site plan approval.
3. If a building permit for construction of a principal structure as provided herein expires, the site plan shall expire and prior to issuance of any additional building permits, the applicant shall be required to submit an application for and receive approval of a new site plan for such principal structure.
4. If a site plan expires, the allocation of dwelling units granted for any principal structure that has not received a certificate of occupancy or equivalent certification shall expire at the time the site plan expires.
5. a. An extension of time for site plan expiration shall be granted by the reviewing body approving the site plan when all applicable building, zoning and engineering regulations remain the same and good cause for the delay has been shown by the applicant. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant. An extension shall only be granted where an applicant has requested an extension during the effective period of the development permit. If any applicable building, zoning or engineering regulation has been changed during the twenty-four (24) month period, then the proposed development shall be reviewed only to the extent that the changes affect the proposed development.
b. An extension of time for expiration of a site plan for development sites located within the Northwest-Progresso-Flagler Heights Community Redevelopment Area ("NPFCRA") may be granted by the Executive Director of the Fort Lauderdale Community Redevelopment Agency based on the conditions provided in subsection 5.a. In no event shall an extension be granted for a period of time greater than twenty-four (24) months. If the executive director denies the extension, applicant may reapply for an extension in accordance with the provisions of subsection 5.a.
N. Effect of DRC, planning and zoning board, historic preservation board and city commission review. Any review and decision by the DRC shall govern and control any department review on all issues addressed and determined by the DRC. Any review and decision by the planning and zoning board shall govern and control any department or DRC review on all issues addressed and determined by the planning and zoning board. Any review and decision of the historic preservation board shall govern and control any department or DRC review on all issues within the authority of the HPB. Any review and decision by the city commission shall govern and control any department, DRC, historic preservation or planning and zoning board review on all issues addressed and determined by the city commission.
O. Time for meeting conditions. Conditions which are imposed in connection with a development permit which do not require a building permit shall be met at the time of issuance of a development permit associated with the site plan, except if the applicant shows that due to factors associated with the site such conditions cannot be met, the department may extend the time. If a condition requires construction of an improvement, such construction shall be commenced at the time of commencement of the part of the development which relates tothe condition. All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy. If conditions are imposed which are required to be met and an applicant fails to meet such conditions, the development permit may be revoked by the same body utilizing the same process as applicable to the issuance of the permit.
P. Payment of monies in lieu of installation of required improvements. In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept payment or a bond in the amount needed to ensure completion of the required improvements. The city will accept such payment or bond from the applicant, when the applicant has demonstrated good cause for its inability to complete the installation of the required improvements, andsuch delay will not cause risk to public health or safety. Funds in the amount of the cost of the required improvements will be paid to, or a bond in the amount of one hundred twenty-five percent (125%) of the cost of the required improvements shall be posted with the city. Any funds collected or bonds posted pursuant to this subsection shall only be expended upon the improvements for which the money or bond was obtained. Such funds shall be expended within five (5) years of the date such money or bond wascollected by the city. If the cost of said improvements is less than the money held by the city, or if it has not been spent or used within the five (5) year time frame, then a refund of any funds held by the city shall be made to the developer or the bond shall be released. However, should any required improvement be budgeted and planned for completion within said five (5) year time frame, but not started or totally completed within said five (5) years, then in that case no refund or release shall be required. A developer shall only be required to pay its proportionate share of the cost of required improvements in those cases in which the improvement does not solely benefit the development.
LEGEND:
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DRC
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Development Review Committee
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A
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CRR
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CRR/PZ
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CRR/PZ or Dept.
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CRR/PZ or DRC
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Appeal by applicant of a denial
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City commission request for review
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City commission request for review of planning and zoning board action
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City commission request for review of planning and zoning board action or of department action
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City commission request for review of planning and zoning board action or of Development Review Committee action
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PZ
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Planning and Zoning Board
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Dept.
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Department
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DP
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Development Permit issued
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R
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Review and recommendation requirement
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TABLE 1. DEVELOPMENT PERMITS AND PROCEDURES (see legend above)
Permit
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Department
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Development Review Committee
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Planning & Zoning Board (Local Planning Agency)
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City Commission
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Criteria for Review
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SITE PLAN--LEVEL I DEPARTMENT
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1.
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Sidewalk cafe
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DP
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A
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CRR/PZ
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2.
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Mobile vendor
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DP
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A
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CRR/PZ
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3.
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Residential--less than 5 units
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DP
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A
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CRR/PZ
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4.
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New nonresidential construction--5,000 square feet or less
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DP
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A
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CRR/PZ
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5.
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Modification of waterway lot widths in RS-4.4 & RS-8 Districts
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DP
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A
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CRR/PZ
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6.
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Change of use--different operation but does not involve development which requires a Site Plan Level II or higher permit-- See Sec. 47-3.5.B.a
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DP
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A
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CRR/PZ or Dept.
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7.
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Reuse of nonconforming structure
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DP
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A
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CRR/PZ or Dept.
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8.
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Continuation of nonconforming status
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DP
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A
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CRR/PZ or Dept.
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9.
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Approval of off-site parking
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DP
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A
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CRR/PZ or Dept.
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10.
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Construction staging area
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DP
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CRR/A
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SITE PLAN--LEVEL II DEVELOPMENT REVIEW COMMITTEE
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11.
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New nonresidential construction--greater than 5,000 sq. ft.
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R
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DP
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A
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CRR/PZ
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12.
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a. Whencommunications towers are permitted
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R
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DP
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A
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CRR/PZ
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b. When communications towers are conditional
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R
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R
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DP
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CRR/A
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13.
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Nonresidential use within 100 feet of residential property
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R
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DP
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A
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CRR/PZ
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14.
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Residential--5 units or more
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R
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DP
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A
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CRR/PZ
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15.
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Multifamily residential development at a higher density than the density of any abutting existing residential property or vacant residentially zoned property that is outside of the Multifamily Residential Zoning District
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R
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DP
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A
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CRR/PZ
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16.
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Redevelopment proposals if existing and proposed improvements together meet the criteria of site plan level II review if proposed as new development and includes one (1) or more of the following:
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R
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DP
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A
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CRR/PZ
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a. A modification which alters the site improvements by more than twenty-five percent (25%) of the area of the development site.
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b. A new drive or relocation of an existing drive giving vehicular access from a public road to the development site.
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c. An addition which exceeds twenty-five percent (25%) of the gross floor area of the existing structure(s) on the development site.
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d. A change in group occupancy category as defined by the Florida Building Code, Broward County Edition which increases traffic generation by more than fifty percent (50%) of the traffic generated by the existing use based on Broward County traffic generation rates.
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17.
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Allocation of reserve units (maximum of 2 dwelling units)
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R
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DP
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A
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CRR/PZ
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18.
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R
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DP
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A
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CRR/PZ or DRC
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19.
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For any use in the Downtown RAC which is within 100 feet of residential property outside of the RAC, or within the RAC-TMU(EMU,SMU,WMU) except on the New River waterfront as provided in 32, or on the New River waterfront corridor within RAC-CC and RAC-AS as provided in 33, below
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R
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DP
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A
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CRR/PZ
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20.
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All development within the RAC-TMU (EMU, SMU, WMU), except as otherwise provided in 20 and 32, below
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R
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DP
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A
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CRR/PZ
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21.
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All development within the RAC-TMU (EMU, SMU, WMU) that is greater in density than 25 dwelling units per net acre
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R
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DP
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A
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CRR/PZ
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22.a.
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Any use within the downtown RAC which is contiguous to residential property outside of the RAC
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R
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DP
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A
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CRR/PZ
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.b.
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Any Site Plan Level II development within Downtown RAC which has previously been approved by or subject of an agreement with the City Commission (See Sec. 47-13.4.L.1)
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R
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DP
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A
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CRR/PZ or DRC
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3. Neighborhood Compatibility review Sec. 47-25.3 when applicable.
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.c.
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Any Site Plan Level II development within Downtown RAC where one or more requirements of the ULDR or City's Comprehensive Plan misapplied or failed to apply. See Sec. 47-13.20.M.2.
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R
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DP
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A
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CRR/PZ or DRC
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SITE PLAN--LEVEL III
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23.a.
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Parking reduction
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R
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R
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DP
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CRR or A
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.b.
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Parking Reduction in Northwest-Progresso-Flagler Heights Community Redevelopment Area
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R
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DP
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A
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CRR/PZ or DRC
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24.
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Modification of yards in RMM-25, RMH-25 and RMH-60 Districts
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R
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R
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DP
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CRR or A
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25.
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Any use within the CF, CF-S, P, T and U districts which is greater in height, FAR, gross floor area of the maximum within the specific zoning district (except for the T district ...)
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R
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R
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DP
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CRR or A
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26.
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Waterway uses, except for uses in the RAC-CC, RAC-UV, RAC-AS, RAC-TMU and all Central Beach Districts
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R
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R
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DP
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CRR or A
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27.
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Allocation of flexibility units to residential land use to allow bonus density for affordable housing on residential land use parcels or for special residential facilities
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R
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R
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DP
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CRR or A
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28.
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Any use within the Community Business (CB) District which is greater than 10,000 square feet in gross floor area
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R
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R
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DP
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CRR or A
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29.
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Within the RMH-60 District, a hotel with greater than 87 sleeping rooms per net acre, up to a maximum of 120 sleeping rooms per net acre
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R
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R
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DP
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CRR/A
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30.
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Density bonus in RML-25, RMM-25, RMH-25 Districts
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R
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R
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DP
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CRR/A
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31.
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Zero lot line and cluster residential development
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R
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R
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DP
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CRR/A
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32.
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Within the RS-4.4 and RS-8 Districts--for greater FAR or lot coverage than as limited by Section 47-5
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R
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R
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DP
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CRR/A
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33.
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Any use within the RAC-TMU (EMU, SMU, WMU) on land abutting the New River
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R
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R
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DP
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CRR/A
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34.
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Any use within the RAC-CC or RAC-AS on the New River which deviates from the New River Corridor Requirements, as provided in Section 47-13, Downtown RAC districts
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R
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R
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DP
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CRR/A
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EXEMPTION FROM ZONING FOR PUBLIC PURPOSE USES
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R
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R
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R
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DP
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CONDITIONAL USES
a. Any use listed as a conditional use within a zoning district.
b. Within the RS-4.4 and RS-8 districts, any single family lot which is twice the minimum lot size, or greater.
c. Within the RMH-60 zoning district, any use which is greater than 150 feet in height, up to 300 feet in height.
d. Any industrial use which is within 300 feet of residential property.
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R
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R
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DP
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CRR/A
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3. Conditional Use Permit Sec. 47-24.3 4. For Industrial Uses--Section 47-7
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REZONING
a. Change in zoning designation or change to text of the ULDR.
*b. Allocation of commercial uses on residential land use parcel.
*c. Allocation of commercial uses on industrial or employment center land use parcel.
*d. X-Use District.
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R
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*R
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R/Approval DP/Denial
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DP/A
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4. For X-Exclusive Use district Section 47-9
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SUBDIVISION APPROVAL/PLAT REQUIREMENTS
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R
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R
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R
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DP
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VACATION OF RIGHTS-OF-WAY
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R
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R
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R
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DP
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2. Vacation of ROW Requirements, Sec. 47-24.6
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VACATION OF EASEMENTS
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R
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R
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DP
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TABLE INSET:
Permit
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Dept
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DRC
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P & Z Bd
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Historic Preservation Board
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City Commision
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Bd. of Adjustment
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Criteria for Review
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COMPREHENSIVE PLAN AMENDMENTS
a. Text or map amendments to the City's adopted comprehensive plan.
b. Increase of residential density on residential land use parcel.
c. Allocation of residential units on commercial or office park land use and employment center.
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R
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R
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R
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DP
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2. Comprehensive Plan Amendments Criteria, F.S. ch. 163 and F.A.C. Rule 9J-5
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CONCURRENCY FINDING OF ADEQUACY
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R
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DP
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2. Concurrency Finding of Adequacy Requirements, Sec. 47-24.9
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DEVELOPMENT OF REGIONAL IMPACT (DRI)
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R
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R
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R
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DP
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2. Development of Regional Impact Review Criteria, F.S. ch. 380
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HISTORIC DESIGNATION (OF A DISTRICT)
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R
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R
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R
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DP
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HISTORIC DESIGNATION (OF A LANDMARK SITE, BUILDING OR STRUCTURE)
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R
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R
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DP
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CERTIFICATE OF APPROPRIATENESS (GENERAL)
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R
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DP
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A
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Historic Designation/Certificate of Appropriateness Requirements, Sec. 47-24.11
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VARIANCE/SPECIAL EXCEPTION
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R
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DP
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INTERPRETATION OF ULDR
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DP
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A
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(Ord. No. C-97-19, § 1(47-24.1), 6-18-97; Ord. No. C-97-26, § 6, 7-15-97; Ord. No. C-98-2, § 1, 1-21-98; Ord. No. C-99-14, § 12, 3-16-99; Ord. No. C-99-30, § 1, 5-4-99; Ord. No. C-99-75, § 2, 12-21-99; Ord. No. C-99-76, § 2, 11-16-99; Ord. No. C-00-25, § 2, 5-16-00; Ord. No. C-00-26, § 5, 6-6-00; Ord. No. C-02-13, § 2, 6-18-02; Ord. No. C-02-14, § 1, 6-18-02; Ord. No. C-03-23, § 2, 7-1-03)
Sec. 47-24.2. Site plan development permit.
A. Site plan level I, level II, level III and level IV.
1. Applicant. The owner of property proposed for development.
2. Application. An application for a site plan level review shall be submitted to the department. The application shall include the information provided in Sec. 47-24.1.F.
3. Review process.
a. Site plan level I (department).
i. An application for a site plan level I approval shall be submitted to the department for review to determine whether the proposed development meets the standards and requirements of the ULDR and site plan level I criteria.
ii. Within ten (10) business days of submittal of a complete application, the department shall provide to the applicant a written report of the comments and recommendations regarding compliance with the standards, requirements and criteria.
iii. If the department determines that the proposed development or use meets the standards, requirements and criteria, the department shall approve or approve with conditions necessary to ensure compliance with the criteria for the proposed development or use, the site plan level I development permit.
iv. If the department determines that the proposed development or use does not meet the standards, requirements and criteria for the proposed development or use, the department shall deny the site plan level I development permit.
b. Site plan level II (development review committee).
i. An application for a site plan level II approval shall be submitted to the department and the development review committee (DRC) for review to consider if the application meets the standards and requirements of the ULDR and site plan level II criteria.
ii. Within no less than ten (10) business days and not more than twenty-two (22) working days of submission of a completed application, the DRC shall conduct a meeting to consider the application and the applicant shall have an opportunity to be heard in accordance with the rules of procedure adopted by the DRC. The department shall forward its comments for inclusion in the DRC report.
iii. The DRC shall provide the applicant with a written report of the comments and recommendations to be discussed at the meeting regarding compliance with the standards and requirements of the ULDR and criteria for site plan level II.
iv. Upon the DRC determination that the proposed development or use meets the standards, requirements and criteria of the ULDR the DRC shall approve or approve with conditions necessary to ensure compliance with the standards, requirements and criteria for the proposed development or use, the site plan level II permit.
v. If the DRC determines that the proposed development or use does not meet the standards, requirements and criteria for the proposed development or use, the DRC shall deny the site plan level II permit.
c. Site plan level III (planning and zoning board).
i. An application for a site plan level III shall be submitted to the department and the development review committee (DRC) for review to consider if the application meets the standards and requirements of the ULDR and site plan level III criteria. The review shall be conducted within the time provided for a site plan level II review.
ii. The department shall forward its and the DRC recommendations to the planning and zoning board for consideration.
iii. Upon the DRC determination that the proposed development meets the standards and requirements of the ULDR and criteria for site plan level III, the applicant may within sixty (60) business days of the DRC determination, request planning and zoning board consideration.
iv. Within no less than twenty (20) business days and not more than sixty (60) business days of applicant's request for planning and zoning board consideration, the planning and zoning board shall hold a public meeting to consider the application and the record and recommendations forwarded by the department and DRC and shall hear public comment on the application.
v. If the planning and zoning board determines that the proposed development or use meets the standards and requirements of the ULDR and criteria for site plan level III review, the planning and zoning board shall approve or approve with conditions necessary to ensure compliance with the standards and requirements of the ULDR and criteria for the proposed development or use, the issuance of the site plan level III permit.
vi. If the planning and zoning board determines that the proposed development or use does not meet the standards and requirements of the ULDR and criteria for the proposed development or use, the planning and zoning board shall deny the site plan level III permit.
vii. After approval by the planning and zoning board, the application shall be returned to the DRC for review and approval to ensure that the site plan level III conditions as required by the planning and zoning board are incorporated into the site plan.
d. Site plan level IV (city commission).
i. The application for a site plan level IV shall be submitted to the department and development review committee (DRC) for review to consider if the application meets the standards and requirements of the ULDR and site plan level IV criteria.
ii. The department shall forward its and the DRC recommendations to the planning and zoning board for consideration.
iii. During a regular public meeting the planning and zoning board shall consider the application and the record and recommendations forwarded by the department and DRC and shall hear public comment on the application.
iv. The planning and zoning board shall determine whether the proposed development or use meets the standards and requirements of the ULDR and criteria for site plan level IV development and shall forward its recommendation to the city commission.
v. During a public meeting the city commission shall consider the application and the record and recommendations forwarded by the department, DRC and planning and zoning board and shall hear public comment on the application.
vi. If the city commission determines that the proposed development or use meets the standards and requirements of the ULDR and criteria for a site plan level IV development, the city commission shall approve or approve with conditions necessary to ensure compliance with the standards and requirements of the ULDR and criteria for the proposed development or use, the issuance of the site plan level IV permit. If the city commission determines that the proposed development or use does not meet the standards, requirements and criteria, the city commission shall deny the application.
vii. After approval of the site plan level IV by the city commission, the application shall be returned to the DRC for final review and approval to ensure that the planning and zoning board and city commission conditions for approval are incorporated into the site plan.
4. Criteria. The development review criteria as provided in Section 47-25 for site plan levels shall be as follows:
a. Site Plan Level I Adequacy Requirements, Sec. 47-25.2.
b. Site Plan Level II Adequacy Requirements, Sec. 47-25.2.
c. Site Plan Level III Adequacy Requirements, Sec. 47-25.2.
d. Site Plan Level IV Adequacy Requirements, Sec. 47-25.2.
In addition to the adequacy requirements in Sec. 47-25.2, the neighborhood compatibility requirements in Sec. 47-25.3 for specified uses and structures at any site plan level shall apply as follows: See Table 1 of this section.
5. Amendments to site plan.
a. If the applicant wishes to change the development from that approved in accordance with this section, the amendment will be required to be reviewed as a new development in accordance with the procedure for such development, except for administrative approval of an amendment in accordance with subsection A.5.b.
b. Administrative approval of amendments to site plan level III or IV.
i. Amendment to a site plan level III or level IV permit which has been approved by the planning and zoning board or the city commission pursuant to the ULDR may be approved by the director without further review or approval by such body as follows:
a) Any modification to reduce floor area or height of a proposed or existing building.
b) Any modification to allow the alteration of the interior of an existing building which does not alter the external appearance of the building.
c) Any modification to allow minor cosmetic alteration of the external facade of an existing building, including new or renovated signage, awnings and architectural detailing, provided that the overall architectural character is not changed.
d) Any modification increasing yards, setbacks or both, provided that the zoning district does not have a "build to" requirement. If the removal of any portion of a structure results in an increase in yard or setback, the original architectural and site character must be maintained and the department may impose conditions of approval to ensure this requirement is met.
ii. Amendment to a site plan level III or level IV permit which has been approved by the planning and zoning board or the city commission pursuant to the ULDR may be approved by the director, subject to Commission Request for Review as follows:
a) Any modification to increase floor area or height to a proposed or existing building, that does not exceed five percent (5%) of the existing or approved floor area or height.
b) Any modification to reduce yards or setbacks up to five percent (5%) of the existing or approved yard or setback, that does not violate the required minimum yard or setback; the building has not already received an approved yard modification; and the original architectural style and site character is maintained.
iii. More than one (1) modification of an approved development plan as described in i. or ii. above may be approved by the director without review and approval by the planning and zoning board or city commission, provided that the total modifications do not exceed the maximum permitted as provided therein.
iv. Notice of application for modification as provided in subsection ii. shall be provided by the applicant to the presidents of homeowner associations and presidents of condominium associations, or both, representing property within three hundred (300) feet of the applicant's property. Notice shall be in the form provided by the department and mailed on the date the application is accepted by the department. The names and addresses of homeowner associations shall be those on file with the city clerk.
c. Other amendments. If the applicant wishes to change the development to an extent which exceeds the authority of the department to approve amendments as provided in subsection A.5.b. i or ii, the proposed amendment to the site plan level III or level IV permit will be required to be reviewed by the department and forwarded to the body which gave final approval to the original development permit. All approvals of amendments to a development permit by the Planning and Zoning Board shall be subject to City Commission Request for Review.
6. Effective date of approval. Site plan level development permits which are not subject to a commission request for review ("CRR") shall take effect upon approval of the development permit. The site plan level permits subject to CRR are shown on Table 1 in Sec. 47-24.1 or other provisions of the ULDR and the process for review is provided in Section 47-26B, Appeals. Except as provided herein, site plan level development permits which are subject to a CRR shall not take effect nor shall any building permit be issued for thirty (30) daysand then only if no motion is adopted by the city commission seeking to review the application. The action of the body approving the development permit shall be final and effective after the expiration of the thirty (30) day period if no action is taken by the city commission and after the site plan has been reviewed to include all conditions imposed by the reviewing body as a requirement of approval as evidenced by final DRC review and execution. For development permits approved under Section 47-24.2.A.5.b the motion shall be considered within fifteen (15) business days of the decision by the lower body. The action of the body approving the development permit shall be final and effective after the expiration of the fifteen (15) business day period if no action is taken by the city commission and after the site plan has been reviewed to include all conditions imposed by the reviewing body as a requirement of approval as evidenced by final department review and execution.
7. Appeal. If a site plan level development permit is denied or is approved with conditions unacceptable to the applicant and appeal to a city body is provided in the ULDR as shown on Table 1 in this Section 47-24, the applicant may appeal the decision in accordance with the procedures provided in Section 47-26B, Appeals.
8. Multiple requests for site plan level review. If a development requires more than one (1) site plan level review, or a site plan level review and a conditional use review, the applications shall be combined and reviewed in accordance with the procedures for the higher level of required review. For example if one (1) site plan requires site plan level II review and a site plan level III review, both requests will be combined and reviewed under the procedures for a site plan level III permit.
(Ord. No. C-97-19, § 1(47-24.2), 6-18-97; Ord. No. C-02-45, § 1, 1-7-03)
Sec. 47-24.3. Conditional use permit requirements.
A. Generally. It is the purpose of this section to provide criteria for conditional uses within specified zoning districts, which, because of certain characteristics as evaluated in the review criteria below, may not be appropriate at particular locations within the district, but which may be desirable in other locations for the orderly development of the city and for the public convenience or welfare.
B. Applicant. The owner of property proposed for development.
C. Application. An application for a conditional use permit shall be submitted to the department. The application shall include the information provided in Sec. 47-24.1.F and the following:
1. A description of the inherent nature of the proposed use;
2. The methods and materials utilized in the operation of the use;
3. The scope of the proposed operation;
4. A description of the economic and environmental impact on the surrounding area by permitting the conditional use.
D. Review process. The review process for a conditional use permit shall be the same as required for a site plan level III approval, as provided in Sec. 47-24.2, Site Plan Development Permit, subsection A.3.c.
E. Criteria. The following review criteria shall be applied in considering an application for a conditional use permit:
1. Impact on abutting properties as evaluated under the Neighborhood Compatibility Requirements, Sec. 47-25.3.
2. Access, traffic generation and road capacities. Consideration will be given to the design capacity of the adjacent roadways, the particular traffic generation characteristics of the proposed conditional use, including the type of vehicular traffic associated with such uses, and traffic generation characteristics of other uses permitted in particular zoning districts.
3. The applicant must show and it must be found by the reviewing body that the following have been met:
a. The location of the use or structure is not in conflict with the city's comprehensive plan;
b. Off-site or on-site conditions exist which reduce any impact of permitting the use or structure;
c. On-site improvements have been incorporated into the site plan which minimize any adverse impacts as a result of permitting the use or structure;
d. The location of the use in proximity to a similar use does not impact the character of the zoning district in which the use is located;
e. There are no adverse impacts of the use which effect the health, safety and welfare of adjacent properties.
F. Effective date of approval. A conditional use permit shall not take effect nor shall a building permit be issued until thirty (30) days after approval, and then only if no motion is adopted by the city commission seeking to review the application or no appeal of the planning and zoning board decision is filed by the applicant as provided in Section 47-26B, Appeals. The motion of the planning and zoning board shall be final and effective after the expiration of the thirty (30) day period with no action taken by the city commission, and after the conditional use plans have been revised to include all conditions imposed by the planning and zoning board as a requirement for approval as evidenced by final DRC review and approval.
G. Amendment. If the applicant wishes to change a conditional use development as approved by the planning and zoning board to an extent which exceeds the authority of the director to approve amendments as provided in Sec. 47-24.2.A.5.b.ii, the proposed amendment to the development or use will be required to be reviewed and approved by the planning and zoning board in accordance with the procedures for review and approval of a new conditional use permit.
H. Appeal. If the planning and zoning board denies or approves with conditions unacceptable to the applicant, or if the city commission wishes to review an application for a conditional use permit, the provisions of Section 47-26B, Appeals, shall apply.
(Ord. No. C-97-19, § 1(47-24.3), 6-18-97)
Sec. 47-24.4. Rezoning (city commission).
A. Applicant. The owner of the property sought to be rezoned or the city.
B. Application. An application for a rezoning shall be made to the department. The application shall include the information provided in Sec. 47-24.1.F.
C. Review process.
1. An application for rezoning shall be submitted to the department for review to consider if the application meets the rezoning criteria.
2. The department shall forward its recommendations to the planning and zoning board for consideration.
3. The planning and zoning board shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and shall hear public comment on the application.
4. If the planning and zoning board determines that the application meets the criteria as provided in this section, the planning and zoning board shall recommend that the rezoning be approved or recommend a rezoning to a more restrictive zoning district than that requested in the application if necessary to ensure compliance with the criteria for the rezoning and if consented to by the applicant.
5. If the planning and zoning board determines that the application does not meet the criteria provided for rezoning or if the applicant does not consent to a more restrictive zoning district, the planning and zoning board shall deny the application and an appeal to the city commission may be filed by the applicant in accordance with Section 47-26B, Appeals.
6. If the rezoning application is recommended for approval or if an appeal of a denial of an application has been filed by the applicant in accordance with this section, the planning and zoning board shall forward its record and recommendations to the city commission for consideration.
7. The city commission shall hold a public hearing to consider the application and the record and recommendations forwarded by the department and the planning and zoning board and shall hear public comment on the application.
8. If the city commission determines that the rezoning meets the criteria for rezoning the city commission shall approve the change in zoning as requested in the application or approve a change to a more restrictive zoning district than that requested in the application if necessary to meet the criteria provided for rezoning and if consented to by the applicant. If the city commission determines that the proposed rezoning does not meet the crite |