Search Entire Article Tip - Hold CTRL + F
Article 2
Application Process and Procedures
To establish procedures and standards for Zoning and
Planning applications. This Article is organized under the following Chapters
with specific requirements pertaining to each type of application or process.
In addition, Art.
2.G, Decision Making Bodies specifies the powers and duties of each
Authority. [Ord. 2018-002]
A. Chapters A through C – Zoning Applications
related to the Legislative, Quasi-judicial, or Administrative processes; [Ord. 2018-002]
B. Chapter D – Privately Initiated Amendments to
the Unified Land Development Code; [Ord.
2018-002]
C. Chapter E – Monitoring of Development Orders;
[Ord. 2018-002]
D. Chapter F – Concurrency (Adequate Public
Facility Standards) for Development Orders; [Ord. 2018-002]
E. Chapter G – Decision Making Bodies; [Ord. 2018-002]
F. Chapter H – Comprehensive Plan Amendments;
and, [Ord. 2018-002]
G. Chapter I – Coordinated School Planning. [Ord. 2018-002]
Chapters A through D address application processes of the
Zoning Division. These processes are generally classified as legislative,
quasi-judicial, and administrative, and are reviewed by various County agencies
and presented to the applicable decision making bodies or person for
consideration. Both legislative and quasi-judicial processes are subject to the
public hearing procedures. For the purpose of this Article, the term “public
hearing” refers to the legislative and quasi-judicial processes. [Ord. 2018-002] [Ord. 2020-001]
The provisions in this Article shall apply to all Zoning applications
unless otherwise specified. Quasi-judicial and Administrative Approvals
of applications will result in the issuance of DOs. DOs run with the
land and may be transferred to new owners unless otherwise stipulated. [Ord.
2018-002]
See Art.
1.H, Definitions and Acronyms.
For the purposes of this Article, the authority of the Board of
County Commissioners, Zoning Commission and Development Review Officer shall be
limited to the powers and duties pursuant to Art. 2.G, Decision
Making Bodies on those applications specified below. [Ord. 2006-036] [Ord.
2018-002]
The BCC shall make a final decision on the following types of
applications: [Ord. 2018-002]
|
Table 2.A.2.C – Board of
County Commissioners, Legislative and Quasi-Judicial Processes
|
|
|
|
Privately
Initiated Unified Land Development Code (ULDC) Amendment (PIA)
|
|
County Initiated
Official Zoning Map Amendment (Rezoning)
|
|
|
|
Official Zoning
Map Amendment (Rezoning) (1)
|
|
Class A
Conditional Use (2)
|
|
Development Order
Amendment (DOA) of a prior DO approved by the BCC
|
|
DOA – Expedited
Application Consideration (EAC) of a prior DO approved by the BCC
|
|
Development Order
Abandonment (ABN) of a prior DO approved by the BCC
|
|
Status Report of
a prior DO approved by the BCC (3)
|
|
Public Ownership
(PO) Deviations (4)
|
|
Type 2 Waiver
|
|
Unique Structure
|
|
Release of
Agreement (3)
|
|
Administrative
Inquiry (AI) (3)
|
|
Corrective
Resolution for prior DO approved by the BCC
|
|
[Ord. 2007-013] [Ord.
2008-003] [Ord. 2009-040] [Ord. 2012-027] [Ord. 2017-007] [Ord. 2018-002]
[Ord. 2019-005]
|
|
Notes:
|
|
1.
|
Only rezoning to a PDD or TDD will issue a DO. A
rezoning to a Standard District with a COZ may result in the issuance of a
DO.
|
|
2.
|
Includes where it
specifies the process is subject to the BCC in Table
4.A.9.B, Thresholds for Projects Requiring Board of County Commissioners
Approval, Art. 4.B, Use Classification, Art. 3.B, Overlays, Art. 5.G.1.B.3,
Approval Process for WHP, Table 5.G.2.D,
Review Process for AHP, and Art. 5.G.3.K.3,
Review Process for TDR.
|
|
3.
|
This is not considered as quasi-judicial
process, however, it is subject to the Public Hearing process.
|
|
4.
|
PO Deviations
reviewed by the BCC do not include those PO Deviations described in Art. 11,
Subdivision, Platting, and Required Improvements
that are reviewed and approved or denied by the County Engineer. [Ord.
2019-005]
|
The ZC shall make a final decision on the following types of
applications. [Ord. 2018-002]
|
Table 2.A.2.C – Zoning
Commission, Quasi-Judicial Processes
|
|
|
|
Class B
Conditional Use
|
|
DOA for a prior
approved Class B Conditional Use
|
|
ABN for a prior
DO approved by the ZC
|
|
Type 2 Variance
(1)
|
|
Status Report for
a prior DO approved by the ZC (2)
|
|
Unique Structure
|
|
Corrective
Resolution for a prior DO approved by the ZC
|
|
Release of Unity
(2)
|
|
Notes:
|
|
1.
|
Refer
to Art.
2.B.7.E, Type 2 Variance for specific
provisions where it indicate that the ZC is not authorized to grant variances
from Code regulations with prohibited provisions.
|
|
2.
|
This
is not considered as quasi-judicial; however it is subject to the Public
Hearing process.
|
The DRO, shall make a final decision on the types of
applications indicated in Table 2.C.3, DRO,
Administrative Processes. [Ord. 2006-036] [Ord. 2018-002] [Ord.
2018-018]
Applications may be submitted to the Zoning Division by the
following authority: PBC Official, owner, agent who is authorized in writing to
act on the owner’s behalf, or person having a written contractual interest in
the land for which the amendment or Development Permit is proposed. Applications
shall be submitted in accordance with the dates and fees established by the
Zoning Division. [Ord. 2018-002]
1. The Zoning
Director shall publish an Annual Zoning Calendar, as may be amended, providing
dates and deadlines for the following: [Ord.
2018-002]
a. Submittals and
Resubmittals of an application by the Applicant; [Ord. 2018-002] [Ord. 2020-001]
b. Sufficiency and
Insufficiency determination by the DRO; [Ord.
2018-002] [Ord. 2020-001]
c. Issues and
Comments identified by Staff;
d. Certification
of an application for Public Hearings; and, [Ord. 2018-002]
e. Hearing dates. [Ord. 2018-002]
2. All other dates
and deadlines for the application processes shall be specified in the Code. If
there is a conflict in the dates between the Code and the Calendar, the Code
shall prevail. [Ord. 2018-002]
3. Applications
that are submitted to the Zoning Division shall be accompanied by a fee
established by the BCC. All fees shall be paid at the time of the submittal of
the applications.
4. Any request for
a refund of fees shall be in writing, based on the current PZB Refund Policy,
and subject to approval by the Executive Director of Planning, Zoning and
Building, or designee. [Ord. 2018-002]
[Ord. 2020-001]
Applications may be submitted to the applicable Division
concurrently or separately subject to the following:
If a Small Scale land use amendment requires a Rezoning,
Conditional Use, DOA, or ABN application, the applications shall be reviewed
and considered by the BCC concurrently. The Applicant shall submit a Master Plan
and/or Site Plan as part of the zoning application. The zoning application
shall be submitted on the date indicated on the Annual Zoning Calendar within
45 calendar days of receipt of the land use amendment application. If a
complete zoning application is not submitted, the land use amendment shall be
administratively withdrawn. [Ord. 2006-036] [Ord. 2009-040] [Ord. 2017-007] [Ord.
2018-002]
Applications for DOs on the same property may be consolidated
for review, subject to the approval by the Zoning Director. When applications
for DOs are consolidated, the review period shall not be less than the
timeframe established for the application with the longest review period. [Ord.
2018-002]
An application for a Type 2 Waiver or a Type 2 Variance may be
submitted concurrently or separately subject to the approval of the Zoning
Director. Applications that are contingent upon the approval of variances must
be submitted separately. [Ord. 2018-002]
Concurrent Review allows an Applicant to submit applications to
different County Agencies for simultaneous review. The Final Zoning Plans may
be approved concurrently with the approval of other Division or Department
applications. [Ord. 2018-002]
There are two types of Concurrent Review based on the following:
[Ord. 2018-002]
a.
Type 2 Concurrent Review
1)
Zoning Division for Final Plan Approval and Land
Development Division for Plat Review; or [Ord.
2018-002]
2)
Zoning Division for Final Plan Approval and
Building Division for Permit Review.
b.
Type 3 Concurrent Review
Zoning Division for Final Plan Approval; Land Development
Division for Plat Review; and, Building Division for Permit Review. [Ord. 2018-002]
Applications for Concurrent Review shall be subject to the PAC
requirements in accordance with Art. 2.A.5,
Pre-Application Conference (PAC) or Pre-Application Appointment (PAA). The
Applicant shall have six months from the date of the issuance of the PAC Result
Letter to submit the Concurrent Review application to the DRO. [Ord.
2018-002]
Within ten days of submittal of the Concurrent Review Final Plan
application to the DRO, the Applicant shall submit the Concurrent Review Plat
application(s) to the Land Development Division or the Permit application(s) to
the Building Division, based on the type of Concurrent Review. [Ord.
2018-002]
It is mandatory for the Applicants to meet with Staff prior
to the official submittal of applications that are listed in Table 2.A.5, PAC and
PAA to identify issues related to the proposed request(s), and ensure the
requests are in compliance with the applicable Comprehensive Plan or Codes. [Ord. 2018-002]
|
Table 2.A.5 – PAC and PAA
|
|
|
|
|
Applications requesting an IRO (1)
|
PIA
|
|
Applications within the PRA (1)
|
Type 2 Variance
|
|
Concurrent Review (2)
|
Type 2 Waiver
|
|
-
|
Type 1 Waiver for Landscaping
|
|
-
|
Type 1 Variance
|
|
-
|
Zoning Confirmation Letter – Formal
|
|
-
|
WHP, AHP, and TDR
|
|
-
|
PO Deviations (3)
|
|
[Ord. 2018-002] [Ord. 2019-005]
|
|
Notes:
|
|
1.
|
A
Conceptual Plan shall be submitted to be reviewed as part of a PAC
application.
|
|
2.
|
Applicants
shall indicate whether they have questions related to the request(s) for Staff
to address before submitting for the Concurrent Review.
|
|
3.
|
The Zoning
Director in consultation with the Applicant may determine a formal PAA is not
required based on general discussions on this request. [Ord. 2019-005]
|
|
|
|
The purpose of the PAC is to provide the Applicant an
opportunity to submit an application and a Conceptual Plan for review by the
Zoning Division and other County Agencies. [Ord. 2018-002]
A PAC application shall include, but not limited to, the
following: [Ord. 2005-002] [Ord. 2010-005] [Ord. 2010-022] [Ord. 2018-002]
a. Identification
of the proposed uses as defined in Art. 4, Use Regulations;
[Ord. 2018-002]
b. Identification
of the requested processes; [Ord.
2018-002]
c. Application of
code requirements specific to the use(s) of the subject property; [Ord. 2018-002]
d. Review of the
proposed Conceptual Plan for those applications in the IRO or PRA; and, [Ord. 2018-002]
e. Specific
questions pertinent to the application for County Agencies to respond. [Ord. 2018-002]
The application shall follow the procedures as provided in Art. 2.B, Public Hearing Processes and Art. 2.C, Administrative Processes.
[Ord. 2018-002]
a. PAC Application
The PAC application shall identify and document any proposed
Variances or Waivers; and include any previous BCC Conditions of Approval, if
applicable. [Ord. 2010-005] [Ord.
2012-027] [Ord. 2018-002]
b. Conceptual Plan
The Conceptual Plan shall be prepared in compliance with the
applicable type of Plans pursuant to the Zoning Technical Manual,
Title 2, Plans. The plan shall indicate and delineate the applicable items
listed in the Table below: [Ord.
2010-005] [Ord. 2018-002]
|
Table 2.A.5.A – Conceptual Plan
|
|
|
|
|
|
Intensity or density.
|
✓
|
✓
|
|
Transect zones
assigned to all land.
|
✓
|
✓
|
|
Vehicular and
pedestrian circulation, including location
of access points and interconnectivity to adjacent parcels, perimeter
streets, internal street network including alleys.
|
✓
|
✓
|
|
General outline of
building placement and building type,
including any tenants 65,000 square feet and over.
|
✓
|
|
|
Pedestrian
streetscape realm for all perimeter street frontages or required frontage
types.
|
✓
|
✓
|
|
Pedestrian area for
main street(s).
|
|
|
|
Proposed or required
mix of uses, including residential units,
identifying whether or not such is horizontally or vertically integrated.
|
✓
|
✓
|
|
Location of any
Conditional Uses, and outdoor uses such as
Restaurant, Financial
Institution with Drive-Through Facilities, Financial Institution Freestanding
ATM, gasoline pumps and related
queuing areas, outdoor dining areas, and required outdoor daycare areas,
among others. Where applicable, additional detail shall be required to
demonstrate how such uses will be located behind buildings, or shielded from
adjacent residential uses or perimeter streets.
|
✓
|
✓
|
|
Location of parking,
loading and service areas (dumpsters, etc.).
|
✓
|
✓
|
|
Required public open
space or usable open space.
|
✓
|
✓
|
|
Green Building
Incentive Program: Where applicable, include
any site improvements that will be used towards an application for bonus
height.
|
|
✓
|
|
[Ord. 2010-005] [Ord.
2010-022] [Ord. 2017-007] [Ord. 2018-002]
|
Within ten days after the date of the PAC, the DRO shall provide
the Applicant with a written response to the Applicant's questions. [Ord.
2010-005] [Ord. 2018-002]
The purpose of a PAA is to provide the Applicant an opportunity to
discuss the proposed request(s) with Zoning Division Staff prior to the
official submittal of an application. [Ord. 2018-002]
The Applicant shall request the PAA and specify whether the
attendance of the other County Agencies is required. Prior to the PAA, the
Applicant shall specify the requests, prepare a list of questions related to
the subject property, and provide a copy of relevant information regarding the
proposed development to the DRO.
a. For a DOA application,
it shall be the responsibility of the Applicant to research and review prior
approved files, which includes but not limited to, plans, resolutions, and
other relevant documents prior to the PAA. [Ord.
2018-002]
b. For a PO
Deviation application, it is the responsibility of the Applicant to complete
the Application including the Justification Statement, and provide a draft copy
of these documents for review at the time of the PAA. [Ord. 2019-005]
All Zoning applications shall be submitted to the Zoning
Division. Applications shall be reviewed for sufficiency prior to the
initiation of review by the DRO, unless otherwise stated in this Code. It is
recommended that applications that were subject to a review by the DRO under a
PAC or PAA remain consistent with what was requested or discussed at the
conference or appointment. Amendments to the application request(s) that are
different from what was discussed at the PAC or PAA shall be documented in the
Justification Statement of the application. [Ord. 2005-041] [Ord. 2018-002]
Applications shall be submitted in a manner and forms
established by the Zoning Division unless otherwise stated herein. The Applicant
shall also provide additional application requirements specific to a zoning district,
use, or process that are referenced in the applicable Sections of the ULDC. [Ord.
2005-041] [Ord. 2009-040] [Ord. 2018-002]
Applicants shall provide a Justification Statement, which shall
include but not limited to: [Ord. 2018-002]
a. Summary of the
request(s) specifying the types of applications and approval processes; [Ord. 2018-002]
b. Project history
with prior resolutions, if applicable; [Ord.
2018-002]
c. Analyses of the
applicable Standards pursuant to Art. 2.B, Public Hearing
Processes and Art.
2.C, Administrative Processes; and, [Ord.
2018-002]
d. Any other
pertinent information related to the subject property. [Ord. 2018-002]
All applications, excluding Comprehensive Plan Amendments and
Privately Initiated Amendments, shall require the submittal of plan(s) to the
DRO, except where indicated otherwise. The type of plan shall be based upon the
type of application request(s), and shall be prepared to include graphics and
tabular data consistent with the Zoning Technical Manual requirements, as
amended. The plan shall provide sufficient information for the DRO to review in
order to render comments on the application for compliance with the applicable
standards pursuant to Art.
2.B, Public Hearing Processes and Art. 2.C, Administrative
Processes. In addition, the plan shall be prepared in compliance with the
following: [Ord. 2009-040] [Ord. 2015-006] [Ord. 2017-002] [Ord. 2018-002]
1. The Land
Development Design Standards Manual (LDM) published and maintained by the Land
Development Division; and [Ord.
2009-040] [Ord. 2018-002]
2. Plan labeling
standards as follows, unless otherwise stated herein; [Ord. 2009-040] [Ord. 2018-002]
a. Plans requiring
BCC or ZC’s approval shall be labeled “Preliminary.” After the BCC or ZC
approves the DOs, the DRO shall finalize the Preliminary Plans to ensure
consistency with the approved DOs. These Plans shall be labeled as Final Plans
at the Final DRO approval process. [Ord.
2009-040] [Ord. 2018-002]
b. Plans requiring
DRO’s approval shall be labeled “Final.” [Ord.
2009-040] [Ord. 2018-002]
The Master Plan shall be the controlling document for a PDD listed
below. All development site elements including, but not limited to: ingress and
egress; density; and, intensity in the PDD shall be consistent with the Master
Plan. All subdivisions and plats shall be consistent with the Master Plan. In
cases of conflict between plans, the most recently approved BCC plan for those
DOs that have no Final DRO plans, shall prevail. [Ord. 2009-040]
[Ord. 2018-002]
a. Preliminary Master Plan (PMP) for
Public Hearing Approval
The BCC shall approve a PMP for the following PDDs: PUD; PIPD;
MHPD; RVPD; PDDs with an MLU or EDC Future Land Use designation; and, a PUD
within the Lion Country Safari (LCS) where the transfer of density from other
PDDs within the LCS is proposed. The BCC may approve a PMP for an MUPD and MXPD
that utilizes more than one FLU designation in order to define location of uses
and property development regulations. [Ord.
2009-040] [Ord. 2010-022] [Ord. 2011-016] [Ord. 2018-002] [Ord. 2019-005]
1) Preliminary Site
Plan (PSP) or Subdivision Plan (PSBP) Options
For a PUD application with no proposed subdivision, the
Applicant may submit a PSP prior to certification for public hearing process,
which includes but not limited to: layout of lots and buildings, ingress and
egress, recreation areas, or exemplary design standards, if applicable for the
purpose of the BCC’s consideration. For a PUD with proposed subdivision of
lots, the Applicant, may submit a PSBP pursuant to Preliminary Subdivision
Plan. [Ord. 2009-040] [Ord. 2018-002]
2) Lion Country
Safari
A PMP shall be required for any LCS PUD application that
proposes to transfer density from the MUPD or RVPD in accordance with FLUE
Objective 1.11, Lion Country Safari Overlay. All other Plans within the LCS
shall be consistent with the PMP. [Ord.
2011-016] [Ord. 2018-002]
b. Final Master Plan (FMP) for
Public Hearing Processes
For applications with a PMP, the Applicant shall submit a FMP to
the DRO for finalization of the BCC or ZC approved DO(s). The FMP shall be
prepared consistent with the BCC or ZC approved PMP, and all modifications
shall be approved by the BCC or ZC unless the proposed changes are required to
meet Conditions of Approval or are in accordance with the ULDC, whichever is
more restrictive. [Ord. 2009-040] [Ord.
2018-002]
The Site Plan shall be the controlling plan for Conditional Uses
or PDDs listed below. All development site elements including, but not limited
to: ingress and egress; density; and intensity in the proposed application,
shall be consistent with the Site Plan. All plats shall be consistent with the
Site Plan. In cases of conflict between plans, the most recently approved BCC
Preliminary Plan(s) for those DOs that have no Final Plan(s) shall prevail. [Ord.
2009-040] [Ord. 2017-007] [Ord. 2018-002]
a. Preliminary Site Plan (PSP)
The BCC shall approve a PSP for the following applications:
Class A Conditional Use, MXPD, MUPD and equivalent previously approved planned
developments. The ZC shall approve a PSP for a Class B Conditional Use request.
[Ord. 2009-040] [Ord. 2017-007] [Ord.
2018-002]
b. Final Site Plan (FSP) with Public
Hearing Processes
After a PSP is approved by the BCC or ZC, the Applicant shall
submit a FSP to the DRO for finalization of the BCC or ZC approved DO(s). The
DRO shall review the FSP for consistency with the PSP, applicable code
requirements, BCC or ZC Conditions of Approval. All modifications to the PSP
that are shown on the FSP must be approved by the BCC or ZC unless the proposed
changes are required to meet Conditions of Approval or are in accordance with
the ULDC, whichever is more restrictive. [Ord.
2009-040] [Ord. 2018-002]
c. Final Site Plan (FSP) for
Administrative Approval
The DRO shall approve a FSP for: [Ord. 2009-040]
1) Any requests
for uses that have a “D” in the Use Matrices in Art. 4, Use Regulations;
or [Ord. 2009-040] [Ord. 2017-007] [Ord.
2018-002]
2) Any requests
subject to Table
4.A.9.A, Thresholds for Projects Requiring DRO Approval, and where it specifies
in Art. 3.B, Overlays.
[Ord. 2009-040] [Ord. 2017-007] [Ord.
2018-002]
The Subdivision Plan shall be the controlling plan for
Conditional Uses that are subject to the subdivision process. All development
site elements including, but not limited to: ingress and egress; density; and
intensity in the proposed project, shall be consistent with the Subdivision Plan.
In cases of conflict between plans, the most recently approved BCC Preliminary
Plan(s) for those DOs that have no Final DRO plans shall prevail. All plans and
plats shall be consistent. [Ord. 2009-040] [Ord. 2010-005] [Ord. 2017-007]
[Ord. 2018-002]
a. Preliminary Subdivision Plan
(PSBP) for Public Hearing Processes
The DRO shall review and certify a PSBP for any applications
that are subject to the submittal requirement of a PMP, and which involves in
the subdivision of land to be platted. The Applicant may submit a PSBP prior to
certification for public hearing process, which includes but not limited to:
layout of lots, exemplary design standards, ingress and egress, density for the
purpose of a BCC’s consideration. [Ord.
2009-040] [Ord. 2018-002]
b. Final Subdivision Plan (FSBP) for
Public Hearing Processes (Off-The-Board)
After a PSBP is approved by the BCC or ZC, the Applicant shall
submit a FSBP for parcels of land that are subject to subdivision to the DRO
for finalization of the BCC or ZC approved DO(s).The FSBP shall be approved
prior to submission of an application for a plat or other approval required by Art. 11, Subdivision,
Platting, and Required Improvements. [Ord.
2009-040] [Ord. 2010-005] [Ord. 2018-002]
c. Final Subdivision Plan (FSBP) for
Administrative Approval
The DRO shall approve a Final Subdivision Plan for: [Ord. 2009-040] [Ord. 2010-005]
1) Any subdivision
of lots when the Zoning Director determines that it does not require the Public
Hearing Approval Process. [Ord. 2009-040]
[Ord. 2010-005]
d. Exception
A minor subdivision may be exempt from this Section subject to
the approval of a Plat Waiver pursuant to Art. 11, Subdivision,
Platting, and Required Improvements. [Ord.
2009-040]
When applicable, Regulating Plans shall provide a comprehensive
graphic and written description of the project. [Ord. 2017-002]
a. Thresholds
Regulating Plan(s) may be submitted to the DRO for review and
consideration under the following circumstances: [Ord. 2017-002] [Ord. 2018-002]
1) The Applicant
may choose to provide design details to demonstrate the intent of the requests
or the requests are in compliance with the Standards of the Code; [Ord. 2017-002]
2) Staff may
recommend the submittal of the Regulating Plans due to the size and complexity
of the application and site design; or, [Ord.
2017-002]
3) By a ZC or BCC
Condition of Approval. [Ord. 2017-002]
b. Submittal Requirements
If submitted, the Plans shall be prepared in accordance with the
Submittal Requirements, and consistent with the format and naming requirements
pursuant to the Zoning Technical Manual. Regulating Plans shall be drawn to
scale or labeled with notes, specifications and dimension, and shall include
where applicable, the following: [Ord.
2017-002] [Ord. 2018-002]
1) Street cross
sections, including sidewalks, bike lanes, street trees, on street parking and
lighting; [Ord. 2009-040] [Ord.
2017-002] [Ord. 2018-002]
2) Typical lot
layouts for each housing type, including building envelope, screen
enclosure/pool setbacks, and driveway access; [Ord. 2009-040] [Ord. 2017-002] [Ord. 2018-002]
3) Landscape buffer
and interior landscaping details (plan view and cross section); [Ord. 2009-040] [Ord. 2017-002] [Ord.
2018-002]
4) Pedestrian
circulation in accordance with Art. 3.E, Planned
Development Districts (PDDs); [Ord.
2009-040] [Ord. 2017-002] [Ord. 2018-002]
5) Phasing
pursuant to Art.
2.E, Monitoring of Development Orders (DOs) and Conditions of Approval; [Ord. 2009-040] [Ord. 2010-005] [Ord.
2017-002] [Ord. 2018-002]
6) Screening
details; and, [Ord. 2009-040] [Ord.
2017-002] [Ord. 2018-002]
7) Neighborhood
parks. [Ord. 2009-040] [Ord. 2017-002]
[Ord. 2018-002]
c. Other Plans
All other plans, including but not limited to: Phasing,
Pedestrian or Vehicular Circulation, shall be submitted as Regulating Plans and
label with the applicable name specifying the nature of the plan(s). Refer to
the Zoning Technical Manual for examples. [Ord.
2018-002]
Art. 7,
Landscaping, identifies different types of landscape-related plans that are
reviewed by the DRO for a final decision: Planting Plan, Landscape Plan, and
Alternative Landscape Plan (ALP). All Plans shall be prepared consistent with
the approved Master, Site, or Subdivision Plan. Application requirements,
labeling of Plans, and approval procedures for the landscape-related plans
shall be consistent, where applicable, with Art. 2.A.6.B, Plan
Requirements and the Zoning Technical Manual, and Art. 7, Landscaping. All
types of Landscape Plans shall be submitted at Building
Permit, unless it is required to be submitted at Final Approval by the DRO
through a Condition of Approval. The following Table summarizes the different
types of Plans, applicability, and approval authority. [Ord. 2009-040] [Ord.
2016-042] [Ord. 2018-002]
|
Table 2.A.6.B – Landscape-Related Plans
|
|
Types of Landscape
Plan
|
Additional Plan
Requirements
|
Applicability
|
|
|
|
Planting Plan (6)
|
Identify number,
location, height, and species of required trees, palms or pines, and shrubs
(4)
|
Single Family
|
(1)
|
DRO
|
|
Two-unit Townhouse
|
|
A lot with two MF
units
|
|
Vacant lots within
120 days of demolition
|
|
Landscape Plan
|
Identify number,
location, height and species of required trees, palms or pines, and shrubs.
(4)
|
Non-Residential
developments
|
(1)(3)
|
DRO
|
|
A lot with more than
two MF units
|
(1)(3)
|
DRO
|
|
Common areas of PUD
|
(1)(3)
|
DRO
|
|
Variance
|
(1)(3)
|
ZC
|
|
Type 2 Waiver
|
(1)(3)
|
BCC
|
|
Type 1 Waiver
|
(1)(3)
|
DRO
|
|
ALP
|
Identify number,
location, height, and species of required trees, palms or pines, and shrubs.
(4)
|
(2)(5)
|
(1)(3)
|
DRO
|
|
[Ord. 2016-042] [Ord.
2018-002]
|
|
Notes:
|
|
1.
|
Approval of Plan(s) must be completed prior to
the issuance of a Building Permit, unless it is required to be approved at
Final DRO by a Condition of Approval.
|
|
2.
|
Applicant may submit the ALP concurrent with the
DO application to garner support of the Waiver request(s). The ALP may be
required as a Condition of Approval by the ZC, BCC, or DRO.
|
|
3.
|
Landscape Plan(s) and ALP (except Planting Plan)
shall be signed and sealed by a Florida-Licensed Professional Landscape
Architect prior to the approval of a Building Permit. [Ord. 2020-001]
|
|
4.
|
A Vegetation Disposition Chart may apply to all
of the landscape-related plans, where a Site has existing native vegetation,
even if no Waivers or Variances are being requested. Refer to the Technical Manual, Title 3,
Landscape for the Vegetation Disposition Chart. [Ord. 2020-001]
|
|
5.
|
An ALP may be submitted by the Applicant
concurrently with a Waiver request to modify Landscape standards. The DRO may
determine that the Waiver for Landscape requirements pursuant to Art. 7, Landscaping
could be shown on a Site, Subdivision, or Regulating Plan in lieu of an ALP.
|
|
6.
|
May be approved by the Building Division. The
amount of required plant material shall be indicated on the applicable
Building Division submittal form and installed prior to issuance of CO.
|
|
|
|
|
|
|
Art. 8,
Signage, identifies two types of sign plans that are reviewed by the DRO
for a decision: Master Sign Plan and Alternative Sign Plan (ASP). All Plans
shall be prepared consistent with the approved DO, Art. 8, Signage, and Art. 2.A.6.B, Plan
Requirements. The DRO may allow the proposed signs be shown on a Site,
Subdivision or Regulating Plan, whichever is most applicable. [Ord.
2009-040] [Ord. 2010-022] [Ord. 2016-042] [Ord. 2018-002]
a. Thresholds
1) The Applicant
may submit a PMSP to the BCC or ZC for consideration and a decision. The BCC or
ZC may impose a Condition of Approval on the proposed signs. [Ord. 2018-002]
2) The Applicant
shall submit a Preliminary ASP for Sign Variances or Waivers to the ZC or BCC
for consideration and a final decision. [Ord.
2018-002]
3) The Applicant
shall submit the FMSP at Final DRO or at Building Permit Review. [Ord. 2018-002]
The DRO shall determine whether the application is sufficient
or insufficient by reviewing the required information provided in the
application, and any additional data necessary to evaluate the application. Sufficiency
review procedures specified in other Articles applicable to particular County
Agencies may supersede these provisions, unless stated otherwise. Applications shall be subject to the
requirements of Art. 2.B.2, Sufficiency Review for Public Hearing Processes and Art. 2.C.2, Sufficiency Review for Administrative Processes. [Ord. 2005-041] [Ord. 2011-016] [Ord. 2018-002] [Ord. 2020-001]
All Zoning applications subject to the Public
Hearing Process shall be reviewed and processed pursuant to Art. 2.B, Public
Hearing Processes. Applications that are subject to
Administrative Approval shall be reviewed and processed pursuant to Art. 2.C,
Administrative Processes. [Ord. 2018-002]
Abandonments of DOs that were approved by the BCC or ZC
shall be subject to the requirements indicated in Art. 2.B, Public Hearing
Processes. Abandonments of DOs approved by the DRO shall be subject to the
requirements indicated in Art. 2.C, Administrative
Processes. [Ord. 2018-002]
Postponement or remand of applications that were subject to the
final decision of BCC or ZC shall be subject to the requirements indicated in Art. 2.B, Public Hearing
Processes. Applications that are subject to the final decision by the DRO
shall be subject to the requirements indicated in Art. 2.C, Administrative
Processes. [Ord. 2018-002]
An application for a DO may be suspended during the pendency of
a Code Enforcement proceeding pursuant to Art. 10, Enforcement, or for any Code violation involving
all or a portion of the land proposed for development, unless it is
demonstrated in writing by the Applicant that suspension of development review
processing could be adverse to the public interest. [Ord. 2018-002]
The Applicant shall have the right to withdraw an application
for a DO at any time prior to the final action on the application by the
decision making body or person. Requests for withdrawal received by the PBC Official
responsible for reviewing the application five days prior to a hearing or
review date shall be granted without prejudice. Thereafter, the governing body
decision making body or person may make a motion on the application for
withdrawal with or without prejudice. Withdrawal with prejudice prohibits the
filing of a successive application, which is not materially different, as
defined in this Section, for one calendar year. [Ord. 2018-002]
When an application is denied with prejudice, an application for
a DO for all or a part of the same land shall not be considered for a period of
one year after the date of denial. Denial with prejudice prohibits the filing
of a successive application, which is not materially different, as defined in
this Section, for one calendar year. [Ord. 2018-002]
The subsequent application involves a development proposal that
is materially different from the prior proposal. For the purposes of this
Section, an application for a Development Permit DO shall be considered materially
different if it involves a change in intensity or density of 25 percent or
more. [Ord. 2018-002]
A majority of the members on the prevailing side of the decision
making body that made the final decision on the application determines that the
prior denial was based on a material mistake of fact.
A violation of any condition in a DO shall be considered a
violation of this Code. [Ord. 2018-002]
A. The violation shall be rectified prior to any public hearing or
meeting on the issuance of any subsequent Development Order for that project,
unless the subsequent application seeks to amend the condition that has been
violated. Unless otherwise specified in the DO, an approved use must comply
with all conditions prior to implementing the approval.
B. The violation shall be subject to any and all enforcement
procedures available as provided by Art. 10, Enforcement and by all applicable laws and
ordinances.
Applications for properties that have outstanding liens or fines
owed to PBC shall be restricted as follows: [Ord. 2018-002]
The approving Decision Making Body shall impose a Condition of
Approval requiring the payment of any outstanding liens or fines by a date
certain or prior to a specific event; [Ord. 2009-040] [Ord. 2018-002]
The DRO shall not approve the application until the payment of
any outstanding liens or fines; and, [Ord. 2017-007] [Ord. 2018-002]
The “Notice of Intent to Withhold Development Permits” required
by Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval, shall
not be released until payment of any outstanding liens or fines.
In the event litigation contesting the validity of the lien or
fine is initiated prior to the application for the Development Order, the time
for payment shall be established only after the conclusion of litigation. In
this case, a condition shall be in place that requires the owner/developer to
notify the County Attorney at Final Order, and if the lien is upheld, payment
of the lien shall occur 35 days after the Final Order.
If there is evidence that an application was considered wherein
there was misrepresentation, fraud, deceit, or a deliberate error of omission,
the PBC Official responsible for the application shall initiate a rehearing to
reconsider the DO. The applicable Authority shall approve, approve with new
conditions, or deny the DO at the rehearing based on the applicable Standards. If
evidence of misrepresentation, fraud, deceit, or a deliberate error of omission
is discovered during the application review and approval process, the
application shall be decertified and remanded to DRO for a re-review based on
resubmitted information. [Ord. 2018-002]
Appeals from Decision Making Bodies and Officials shall be conducted
as set forth in this Section unless stated otherwise herein. [Ord. 2011-016]
[Ord. 2018-002]
Any person aggrieved by a decision of the BCC on an application
for a DO or Status Report may apply for judicial relief by the filing of a
Petition for Writ of Certiorari in the Circuit Court of the Fifteenth Judicial
Circuit in and for PBC, Florida, within 30 calendar days of the date the Zoning
Resolution is filed with the Clerk of the Circuit Court. [Ord. 2018-002]
Any person aggrieved by a decision of the Hearing Officer or the
ZC on an application for a Type 2 Variance may apply for judicial relief by the
filing of a Petition for Writ of Certiorari in the Circuit Court of the
Fifteenth Judicial Circuit in and for PBC, Florida, within 30 calendar days of
the decision. [Ord. 2006-036] [Ord. 2018-002]
a. Filing Time
The appeal by the Applicant shall be filed within 20 days after
the notice indicating the decision is mailed to the Applicant, unless stated
otherwise. A written request for the appeal shall state the grounds for the
objection and use established forms and procedures. [Ord. 2011-016] [Ord. 2018-002]
b. Notification
The applicable PBC Official responsible for the decision or an
interpretation shall mail a written notification containing the date, time, and
place of the appeal hearing to the Applicant, at least ten days prior to the
hearing. [Ord. 2011-016] [Ord. 2018-002]
Any Person aggrieved by the decision of the Zoning Commission
regarding a Class B Conditional Use may appeal that decision to the BCC
according to the following: [Ord.
2011-016]
1) The BCC shall
consider the appeal petition within 60 days of its filing. [Ord. 2011-016]
2) At the hearing,
the BCC shall provide the petitioner, the Applicant (if the Applicant is not
the petitioner), any Person who appeared before the ZC, and PBC Staff an
opportunity to present arguments and testimony. [Ord. 2011-016]
3) In making its
decision, the BCC shall consider only the record before the ZC at the time of
the decision, and the correctness of the findings of fact or any specific Condition
of Approval imposed by the ZC. The notice and hearing provisions for a Class A Conditional
Use shall govern the appeal. [Ord.
2011-016]
4) The BCC shall
reverse the decision of the ZC only if there is substantial competent evidence
in the record before the ZC that the decision failed to comply with the
standards of Art. 2.B.7.B.2,
Standards. [Ord. 2011-016]
Any Person seeking a DO approval from the DRO, except for Type 1
Waivers, may appeal that decision to the Hearing Officer according to the
following: [Ord. 2005-002] [Ord.
2011-016] [Ord. 2012-027] [Ord. 2018-002]
1) The Hearing
Officer shall consider the appeal petition within 60 days of its filing or a
date agreed upon by the Applicant and the DRO. The Zoning Division shall
coordinate and establish the date for the DRAB hearing. [Ord. 2011-016]
2) The Hearing
Officer may reverse or affirm or modify the decision of the DRO. [Ord. 2011-016] [Ord. 2018-002]
3) At the hearing,
the Hearing Officer shall only consider testimony and argument relating to the
application, supporting documentation, and any staff report or documentation
presented at the time of the DRO decision. [Ord.
2011-016] [Ord. 2018-002]
4) The decision of
the DRO shall be presumed correct and the Person seeking the appeal shall have
the burden of demonstrating error. The Hearing Officer shall defer to the
discretion of the DRO in interpreting the ULDC and shall not modify or reject
the interpretation if it is supported by substantial competent evidence, unless
the interpretation is found to be contrary to the Plan, this Code, or the
Official Zoning Map. [Ord. 2011-016]
[Ord. 2018-002]
c. Temporary Use
Any Person aggrieved by a decision of the DRO regarding a
temporary use may appeal that decision to the Hearing Officer according to the
following: [Ord. 2006-036] [Ord.
2011-016] [Ord. 2018-002]
1) The DRO shall
coordinate and establish the date for the Hearing Officer to consider the
appeal which shall be within 40 days of the filing of the appeal. [Ord. 2011-016] [Ord. 2018-002]
2) The Hearing
Officer may reverse or affirm or modify the decision of the DRO. [Ord. 2011-016] [Ord. 2018-002]
3) At the hearing,
the Hearing Officer shall only consider testimony and argument relating to the
application, supporting documentation, and any staff report or documentation
presented at the time of the DRO’s decision. [Ord. 2011-016] [Ord. 2018-002]
4) The decision of
the DRO shall be presumed correct and the Person seeking the appeal shall have
the burden of demonstrating error. The Hearing Officer shall defer to the
discretion of the DRO in interpreting the ULDC and shall not modify or reject
the interpretation if it is supported by substantial competent evidence, unless
the interpretation is found to be contrary to the Plan, this Code, or the
Official Zoning Map. [Ord. 2011-016]
[Ord. 2018-002]
a) Adult
Entertainment
The appeal process is set forth on Art.
4.B.2.C.1.d, License per Palm Beach County Adult Entertainment Code. [Ord.
2018-002]
The Person who sought the interpretation may appeal that
interpretation to the Hearing Officer, unless stated otherwise, according to
the following: [Ord. 2006-036] [Ord. 2011-016]
1) The Agency
responsible for the interpretation shall coordinate and establish the date for
the Hearing Officer to consider the appeal which shall be within 40 days of the
filing of the appeal or a date agreed upon the Applicant and Agency Staff. [Ord. 2011-016]
2) The Hearing
Officer may reverse or affirm or modify the interpretation. [Ord. 2006-036] [Ord. 2011-016]
3) At the hearing,
the Hearing Officer shall only consider testimony and argument relating to
documentation submitted by the Person seeking the interpretation, and any staff
report or documentation presented at the time of the interpretation. [Ord. 2011-016]
4) The
interpretation shall be presumed correct and the Person seeking the appeal
shall have the burden of demonstrating error. The Hearing Officer shall defer
to the discretion of the applicable authority in interpreting the ULDC and
shall not modify or reject the interpretation if it is supported by substantial
competent evidence, unless the interpretation is found to be contrary to the
Plan, this Code, or the Official Zoning Map. [Ord. 2011-016]
e. Type 1 Variance Decisions
Any Person aggrieved by a decision of the DRO on an application
for a Type 1 Variance may appeal to the Hearing Officer according to the
following: [Ord. 2006-036] [Ord.
2011-016] [Ord. 2018-002]
1) The Zoning
Division shall coordinate and establish the date for the Hearing Officer to
consider the appeal which shall be within 40 days of the filing of the appeal
or a date agreed upon the Applicant and Zoning Staff. [Ord. 2011-016]
2) The Hearing
Officer may reverse or affirm or modify the decision. [Ord. 2011-016]
3) At the hearing,
the Hearing Officer shall only consider testimony and argument relating to the
application, supporting documentation, and any staff report or documentation
presented at the time of the Zoning Director’s decision. [Ord. 2011-016]
4) The Zoning
Director’s decision shall be presumed correct and the Person seeking the appeal
shall have the burden of demonstrating error. The Hearing Officer shall defer
to the discretion of the Zoning Director in interpreting the ULDC and shall not
modify or reject the interpretation if it is supported by substantial competent
evidence, unless the interpretation is found to be contrary to the Plan, this
Code, or the Official Zoning Map. [Ord.
2011-016]
f. Type 1 Waiver
1) URAO
Any Person seeking a URAO Type 1 Waiver from the DRO may appeal
that decision to the BCC pursuant to the procedures in Art. 2.A.14.C.2.a,
Class B Conditional Use. [Ord.
2011-016] [Ord. 2018-002]
2) Other Type 1
Waivers
Any Person seeking a Type 1 Waiver, except for URAO, may appeal
that decision to the Zoning Commission subject to the following: [Ord. 2011-016] [Ord. 2012-027] [Ord.
2018-002]
a) The ZC shall
consider the appeal petition within 60 days of its filing. [Ord. 2011-016]
b) At the hearing,
the ZC shall provide the petitioner, the Applicant, and PBC Staff an
opportunity to present arguments and testimony. [Ord. 2011-016]
c) The ZC shall
consider only the evidence presented to County Staff at time of the decision
and the correctness of findings of fact or any condition imposed by the DRO. [Ord.
2011-016]
d) The ZC shall
modify or reject only if substantial evidence is contrary to the Plan, ULDC, or
Official Zoning Map. [Ord. 2011-016]
To establish
procedures and standards for:
A. Sufficiency determination of applications
that are subject to the Public Hearing processes; [Ord. 2018-002]
B. Submittal, Review, Resubmittal, and Certification
of applications that are subject to Table
2.A.2.C, Board of County Commissioners, Legislative and Quasi-Judicial
Processes, and Table 2.A.2.C,
Zoning Commission, Quasi-Judicial Processes; [Ord. 2018-002]
C. Public notification as mandated by Florida
Statutes, and Courtesy notification provided by the County; [Ord. 2018-002]
D. Preparation of Staff Reports and
recommendations to the Decision Making Bodies; [Ord. 2018-002]
E. Scheduling and Conduct of Hearings; and, [Ord. 2018-002]
F. Final decision by the BCC or ZC pursuant to Art. 2.G, Decision
Making Bodies. [Ord. 2018-002]
The DRO shall ensure the applications meet all Submittal requirements
and the requests are consistent with Art. 2.A, General and
the Zoning Technical Manual. If the application is determined to be sufficient
by the DRO, the DRO shall provide the written notification to the Applicant and
the application shall be distributed to the applicable County Agencies for
review pursuant to the procedures and standards of this Article. [Ord.
2005-041] [Ord. 2018-002] [Ord. 2020-001]
If an application is determined to be insufficient pursuant to
the Zoning Technical Manual, the DRO shall provide written notification to the
Applicant specifying the deficiencies. The notification shall be forwarded to
the Applicant within 30 calendar days from the date of the Application Submittal.
[Ord. 2018-002] [Ord. 2020-001]
1. No further
action shall be taken on the application until the deficiencies are remedied. [Ord. 2018-002]
2. The Applicant
shall address all insufficiencies no more than 30 calendar days after the
application was determined to be insufficient, and resubmit the application on
the Submittal date. [Ord. 2018-002]
[Ord. 2020-001]
3. If the
application is amended and determined to be sufficient by the DRO, the
application shall be processed for review. [Ord.
2018-002]
4. If the
deficiencies are not remedied, the DRO shall issue a second written
notification to the Applicant indicating the application shall be considered
withdrawn unless a written request for a time extension has been submitted and
approved by the Zoning Director, pursuant to Art. 2.B.2.C, Time
Extension. [Ord. 2018-002] [Ord.
2020-001]
The Applicant may submit a written request for an extension of
time to the Zoning Director should additional time be required to address deficiencies
of the application. Such request shall be submitted to the Zoning Director no
later than five days after the issuance of the second Insufficiency
notification. [Ord. 2018-002] [Ord. 2020-001]
If the Applicant fails to address the insufficiencies or request
and receive a time extension, it may result in an Administrative withdrawal of
the application. [Ord. 2018-002] [Ord. 2020-001]
The DRO shall coordinate the review of applications with all
the applicable Agencies based on the request(s), and in accordance with Table
2.A.2.C, Board of County Commissioners, Legislative and Quasi-Judicial
Processes, and Table 2.A.2.C,
Zoning Commission, Quasi-Judicial Processes. For a PO Deviation
application, the Applicant shall be responsible to coordinate the review of the
application with the applicable Agencies. The application(s) shall be assigned
by the DRO to be reviewed through the Full DRO, which consists of all
applicable County Agencies. An Applicant may also request a Concurrent Review
by the DRO. [Ord.
2018-002] [Ord. 2019-005]
Review of an application shall be initiated by the DRO on the
date it is deemed sufficient. The deadlines for Staff comments, Resubmittal by
the Applicant, and Certification shall be indicated on the Annual Zoning
Calendar. [Ord. 2018-002] [Ord. 2020-001]
PO Deviations shall be
submitted to the Zoning Division on the Application Submittal date. Sufficiency
review is completed by the DRO to ensure the request complies with Art. 2.B.7.G, Public Ownership (PO)
Deviations and PPM #ZO-O-063. The Zoning Division is only responsible
for ensuring the correct allowable deviations are being requested and placing
the application and Staff summary on a BCC Zoning Agenda. PO Deviations,
pursuant to Art. 11, Subdivision, Platting, and Required
Improvements, shall be
submitted directly to the County Engineer for review. [Ord. 2019-005] [Ord.
2020-001]
Staff review shall be based on applications that are deemed
sufficient, and any subsequent resubmittals. The DRO shall prepare a list of
issues and comments and make it available to the Applicant. The Applicant shall
provide a written response and revised documents(s), if applicable, addressing
all outstanding issues and comments on the Resubmittal date indicated on the
Annual Zoning Calendar. The written responses and revised document(s) shall
address the issues and comments prepared by Staff and shall not significantly
modify the application that was determined to be sufficient. [Ord. 2018-002]
[Ord. 2020-001]
1. Significant
modifications shall include, but not limited to the following: [Ord. 2020-001]
a. Additional
requests to the application. [Ord.
2020-001]
b. Modifications
to the site layout or resubmitted document(s) that would require new review of
the document(s) or impact the timing of a final decision by the ZC or BCC. [Ord. 2020-001]
2. If
the DRO determines that the revised requests and documents are significantly
modified from the original request that was determined to be sufficient, the
DRO shall provide a written notification to the Applicant describing what
changes significantly modified the application. The Applicant shall: [Ord. 2020-001]
a. revise
the requests and modify plans to eliminate the significant modification; [Ord. 2020-001]
b. submit
a written request for a time extension to the Zoning Director to determine if
the application is still sufficient or if a new sufficiency review is required.
Both parties may agree to a reasonable request for an extension of time; or, [Ord. 2020-001]
c. request
withdrawal of the application. [Ord.
2020-001]
If the revised document(s) fail to address all listed
outstanding issues and comments, the DRO shall issue a Result List indicating
that the application is not certified. [Ord. 2018-002] [Ord. 2020-001]
The Applicant shall provide a written response, addressing all
outstanding issues and comments for those applications that are not certified,
in a manner and form acceptable to the DRO. The revised document(s) shall be submitted
on the Resubmittal date as established on the Annual Zoning Calendar. [Ord.
2005-041] [Ord. 2008-003] [Ord. 2018-002] [Ord. 2020-001]
Applicants who have applications for a DO that are not certified
within 120 calendar days of Sufficiency determination by the DRO, must submit a
written request and receive approval for an extension of time from the Zoning
Director within the 120-calendar day deadline. Both parties may agrees to a
reasonable request for an extension of time. [Ord. 2020-001]
1. If the
resubmitted document(s) satisfy Code requirements and address the DRO’s list of
outstanding issues and comments, the DRO shall issue a Result Letter indicating
the certification of the application. [Ord.
2018-002] [Ord. 2020-001]
2. If the
Applicant fails to address the listed outstanding issues and comments within
the 120-calendar day deadline, and fails to request and receive approval for a
reasonable request for an extension of time, from the Zoning Director, within
the 120-calendar day deadline, the application shall be scheduled to proceed to
a public hearing to comply with the timeframes enumerated in the F.S. An
Applicant may receive a recommendation of denial from Staff for failure to
comply with the Standards pursuant to Art. 2.B.7, Types of
Applications, including the outstanding issues and comments provided by
Staff. [Ord. 2020-001]
Applications shall not
be significantly modified after certification, unless requested or agreed to by
the DRO. Significant modifications to the certified plan(s) and application(s)
within ten days of a scheduled public hearing date shall result in a
postponement, when a decision can be rendered within the timeframe enumerated
in the F.S., or if both parties agree to a reasonable request for an extension
of time. For the purposes of this Article, a modification shall be considered
significant if it exceeds 30 percent or more change from the certified plan or
application request. The DRO may consider, but not limited to: intensity,
density, land area, or vehicular use areas, to determine whether the certified
plans or documents exceed the 30-percent threshold. [Ord. 2005-002] [Ord.
2018-002] [Ord. 2020-001]
Applications subject to Public Hearing or Type 1 Variance
processes, Corrective Resolutions or Administrative Inquiries, or any
application that will result in the redevelopment of an existing occupied
mobile home park, shall require notification to the public, in accordance with
the following Table: [Ord. 2011-016] [Ord. 2015-031] [Ord. 2017-002] [Ord.
2017-025] [Ord. 2018-002]
|
Table 2.B.5.A – Notification Applicability
|
|
Requests
|
|
|
|
|
ABN (1)
|
Yes
|
N/A
|
N/A
|
|
Corrective Resolution
|
Yes
|
N/A
|
N/A
|
|
Type 1 Variance
|
N/A (2)
|
Yes
|
Yes
|
|
Type 2 Variance
|
Yes
|
Yes
|
Yes
|
|
PO Deviations
|
Yes
|
Yes
|
N/A
|
|
Other Public Hearing
(Rezoning,
Conditional Uses, DOA, Waiver)
|
Yes
|
Yes
|
Yes
|
|
Administrative
Inquiry (3)
|
N/A
|
Yes
|
N/A
|
|
Redevelopment of
Mobile Home Parks
|
N/A
|
N/A
|
Yes (4)
|
|
[Ord. 2015-031] [Ord.
2017-002] [Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] [Ord. 2019-005]
|
|
Notes:
|
|
1.
|
Applies to Public
Hearing, excluding: DOs advertised and abandoned simultaneously as part of a
subsequent DO; and DOs advertised and reviewed for revocation pursuant to Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord. 2019-034]
|
|
2.
|
Notification
shall be required in compliance with F.S.
§ 286.011.
|
|
3
|
Only applicable
to an inquiry related to a specific development or parcel and not for general
direction on a topic. [Ord. 2017-002]
|
|
4.
|
In addition to
any applicable signs required for the Public Hearing processes applications
for the redevelopment of occupied mobile home parks shall be subject to
additional posting requirements.
|
|
|
|
|
|
Notice shall be published in a newspaper of general circulation
in PBC in accordance with F.S.
§ 125.66. [Ord. 2011-016] [Ord. 2015-031] [Ord. 2018-002]
Courtesy notices shall be mailed to all Property Owners,
interested parties or other entities identified in the following Table: [Ord.
2006-036] [Ord. 2008-003] [Ord. 2011-016] [Ord. 2015-031] [Ord. 2018-002]
Table 2.B.5.C – Courtesy Notice Requirements
|
|
Process
|
|
|
|
|
|
|
|
Type 1 Variance
|
All owners of
real property (2), condominium associations (3), and POAs, HOAs, or
equivalent.
|
N/A
|
N/A
|
Counties and
Municipalities (4)
|
|
Type 2 Variance
|
N/A
|
N/A
|
|
Other Public Hearing
(Rezoning, Conditional
Uses, DOA, Waiver, and PO Deviation)
|
All owners of
real property (2), condominium associations (3), and POAs, HOAs, or
equivalent.
|
N/A
|
|
Administrative
Inquiry
(Site Specific) (6)
|
N/A
|
N/A
|
All owners of
real property (2)
|
N/A
|
|
[Ord. 2011-016] [Ord.
2012-003] [Ord. 2015-031] [Ord. 2016-016] [Ord. 2017-002] [Ord. 2017-007] [Ord.
2018-002] [Ord. 2019-005]
|
|
Notes:
|
|
1.
|
Distance shall be
measured from the property line of the affected area, unless stated
otherwise. If the adjacent property within the mailing boundary is owned by
the Applicant or a related entity, the notification boundary shall be extended an
additional 500 feet beyond the boundary of the adjacent parcel. Courtesy
notices are not required where the outer boundary of the adjacent parcel lies
from the subject site more than 1,500 feet on properties located in the
Glades, Exurban, and Rural Tiers, or 1,000 feet for properties in other
Tiers. [Ord. 2012-003]
|
|
2.
|
Includes all
owners of real property, whose names and addresses are known by reference to
the latest published ad valorem tax records of the PBC Property Appraiser.
|
|
3.
|
Includes
condominium associations and all real Property Owners when real property
consists of a condominium.
|
|
4.
|
Shall also
include municipalities that have the subject parcel identified within the PBC
Future Annexation Map.
|
|
5.
|
The Applicant
shall provide the list of all Condominium Associations, POAs, HOAs, or
equivalent within the boundaries. [Ord. 2016-016]
|
|
6.
|
Shall be mailed a
minimum of ten days prior to the date of the AI by the Applicant submitting
the inquiry.
|
|
7.
|
A larger
notification boundary from 301 to 1,000 feet is required for properties
located in the Glades, Exurban, or Rural Tiers.
|
|
|
|
|
|
|
Courtesy notices shall include the following information: [Ord.
2011-016] [Ord. 2018-002]
a. A general
summary of the application; [Ord.
2011-016] [Ord. 2018-002]
b. A date, time,
and place for the Public Hearing(s) or the Public Meeting(s) for Type 1 Variance;
[Ord. 2011-016] [Ord. 2018-002]
c. A general
location map of the subject property; [Ord.
2011-016] [Ord. 2018-002]
d. A statement
indicating that interested parties may appear at the Public Hearing or the
Public Meeting for the Type 1 Variance to be heard regarding the request; and, [Ord. 2011-016] [Ord. 2018-002]
e. For PO
Deviations, the notice shall state the name, phone number, address, and email
address of the Applicant. Responses to any letters from interested parties
shall be mailed directly to the Applicant, and the Applicant shall be
responsible for notifying the BCC of the responses to the notification at the
Public Hearing when the item is discussed. [Ord.
2019-005]
Failure to receive a notice shall not be deemed a failure to
comply with Art. 2.B.5,
Notification, or be grounds to challenge the validity of any decision made
by the approving authority. [Ord. 2011-016] [Ord. 2015-031] [Ord. 2018-002]
1. The Applicant
shall post signs regarding the public hearing or the public meeting on the
property subject to the application. The signs shall be prepared by the
Applicant using information provided by the Zoning Division, consistent with
the requirements of the Zoning Technical Manual. Signs must be posted at least
15 days in advance of any public hearing. One sign shall be posted for each 250
feet of frontage, or a fraction thereof, along a street up to a maximum of ten signs.
All signs shall be: [Ord. 2010-022]
[Ord. 2011-016] [Ord. 2012-003] [Ord. 2016-016] [Ord. 2018-002]
a. Evenly spaced
along the street when more than one sign per property is required; [Ord. 2011-016] [Ord. 2012-003] [Ord.
2018-002]
b. Set back no
more than 25 feet from the property line; and, [Ord. 2011-016] [Ord. 2018-002]
c. Erected in full
view by the public. [Ord. 2011-016] [Ord.
2018-002]
d. Where the property
does not have sufficient frontage on a street, signs shall be in a location
acceptable to the Zoning Director. The Applicant shall submit to the DRO an
affidavit of Installation of Notification Signs with photographs confirming the
signs have been posted. The failure of any such posted notice to remain in
place after it has been posted shall not be deemed a failure to comply with
this Section or be grounds to challenge the validity of any decision made by
the approving authority. The Applicant shall also be required to ensure the
signs have been removed no later than five days after the final hearing. [Ord. 2010-022] [Ord. 2011-016] [Ord.
2015-031] [Ord. 2018-002]
Signs posted by a public agency or the BCC may be posted on the
nearest street or at major intersections leading to and within the subject
property. [Ord. 2018-002]
The purpose of this Section is to provide additional notice to a
prospective purchaser of a mobile home in a mobile home park that has either
applied for or received an approval to redevelop the property, potentially to
another use. Should a person decide to purchase any mobile home in this park,
he or she may be required to bear the cost of removing the mobile home to
another suitable location. An application for a DO that will result in the
redevelopment of an existing occupied mobile home park, shall be subject to the
following additional notification requirements: [Ord. 2017-025]
a. Standards for Notification
In addition to the sign requirements above, the following
additional requirements shall apply: [Ord.
2017-025]
1) The Applicant
shall post signs within 30 days of an application being deemed sufficient. [Ord. 2017-025]
2) Signs shall be
prepared by the Applicant using information provided by the Zoning Division,
consistent with the requirements of the Zoning Technical Manual, and at a
minimum shall be posted in English, Creole, and Spanish, to include the
following specific text: “This mobile home park has applied for or has received
an approval to redevelop the property, potentially to another use. Should you
decide to purchase any mobile home in this park, you may be required to bear
the cost of removing the mobile home to another suitable location.” [Ord. 2017-025]
3) One sign shall
be posted for each 250 feet of frontage, evenly spaced, along a street up to a
maximum of five signs, and where applicable at the entrance to any park
management offices and recreational facilities. [Ord. 2017-025]
4) Signs shall
remain posted until such time as the application is approved, denied, or
withdrawn. [Ord. 2017-025]
b. Standards Applicable to
Redevelopment Approvals
Upon approval, the above public information signs shall be
updated and reposted in accordance with the following: [Ord. 2017-025]
1) The signs shall
be posted within 30 days of a zoning application approval, in accordance with
the information above, including number, spacing, location, and language, to
include the following text: “This mobile home park has been approved for
(specific use). Should you decide to purchase any mobile home in this park, you
may be required to bear the cost of removing the mobile home to another
suitable location.” [Ord. 2017-025]
2) The signs shall
be maintained until such time as all mobile home units within the affected
development area have been removed from the park, or the approval is abandoned.
[Ord. 2017-025]
c. Compliance with Notice
Requirement
The owner of the mobile home park shall be required to submit
the form Affidavit of Installation of Notification Signs substantiating that
such signage is consistently being maintained, on a quarterly basis, as
follows: [Ord. 2017-025]
1) To the Zoning
Division, for signs required under 1) above; and [Ord. 2017-025]
2) To the
Monitoring and Compliance Section of the Planning Division, for signs required
under 2) above. [Ord. 2017-025]
All applications postponed for three or more consecutive
hearings shall require the Applicant to provide new notification pursuant to Art. 2.B.5, Notification.
[Ord. 2010-022] [Ord. 2011-016] [Ord. 2018-002]
All decision-making persons and bodies shall act in
accordance with the time limits established in this Code, unless stated
otherwise. [Ord. 2018-002] [Ord. 2020-001]
Once an application has been certified by the DRO, the DRO shall
schedule a public hearing in accordance with the dates established in the
Annual Zoning Calendar and pursuant to F.S.
§ 125.022. The scheduling of the application for public hearing shall
ensure the public notice requirements are satisfied. [Ord. 2018-002] [Ord.
2020-001]
Both the ZC and the BCC shall hold at least one public hearing
on applications that are subject to the Public Hearing processes, unless
otherwise stated herein. [Ord. 2018-002]
The ZC shall hold at least one public hearing and the BCC shall
hold two public hearings on a proposed amendment to the boundaries of the
Official Zoning Map for PBC-initiated applications consisting of ten or more
contiguous acres of land. [Ord. 2018-002]
The application for public hearing shall be placed on the next
available BCC Zoning Hearing for which the public notice requirements can be
satisfied. [Ord. 2019-005]
The DRO or the PBC Official responsible for reviewing the
application shall prepare a report for each application. The DRO shall
incorporate the analysis and Conditions of Approval of the Agencies who are
responsible for reviewing the application, and a recommendation of approval,
approval with conditions, or denial based on the applicable Standards. The
report shall be made available to the public at least five days prior to the
hearing date. [Ord. 2018-002]
The Applicant is responsible for preparing a staff report and
recommendation. The report shall include an analysis of the request and
Standards, as described in Art. 2.B.7.G, Public
Ownership (PO) Deviations, including any proposed Conditions of Approval.
The report shall be available to the public at least five days prior to the
hearing date. [Ord. 2019-005]
The ZC shall conduct a public hearing on the application,
subject to the following procedures: [Ord. 2018-002]
a. Recommendations by the ZC
The ZC shall consider the application where the BCC makes a
final decision, including staff report, relevant support materials, public
testimony, and public testimony given at the hearing. After close of the public
hearing, the ZC shall recommend to the BCC that the application be approved,
approved with conditions, modified, or denied based upon the applicable
Standards in Art.
2.B.7, Types of Applications. [Ord. 2008-003] [Ord. 2011-016] [Ord.
2012-027] [Ord. 2017-007] [Ord.
2018-002] [Ord. 2020-001]
1) The ZC may
consider an application be remanded, continued, or postponed when a decision
can be rendered within the timeframe enumerated in the F.S., or if both parties
agree to a reasonable request for an extension of time. If there is no mutual
agreement for a time extension, the application shall move forward with a
recommendation by the ZC. [Ord. 2020-001]
b. Final Decision by the ZC
The ZC shall consider the application where the ZC makes a final
decision, including, staff report, relevant support materials, DRO
certification, public testimony, and public testimony given at the hearing. After
close of the public hearing, the ZC shall by not less than a majority of a
quorum present approve, approve with conditions, modify, or deny the
application. The actions shall be based upon the applicable and any Standards
specific to the use as required in Art. 4.B, Use
Classification, thereby adopting a resolution approving, approving with conditions,
or denying the proposed request. The resolution shall be filed with the Zoning
Division. [Ord. 2006-036] [Ord. 2008-003] [Ord. 2018-002] [Ord. 2020-001]
1) The ZC may
consider an application be remanded, continued, or postponed when a decision
can be rendered within the timeframe enumerated in the F.S., or if both parties
agree to a reasonable request for an extension of time. If there is no mutual
agreement for a time extension, the application shall move forward with a final
decision by the ZC. [Ord. 2020-001]
a. Recommendations by the ZC
The BCC shall consider the application, staff report, relevant
support materials, the recommendation of the ZC, and the public testimony
submitted before and given at the hearing. [Ord.
2018-002]
b Final Decision by the BCC
The BCC shall consider the application, staff report, relevant
support materials, DRO certification, the ZC recommendation, public testimony
submitted before and given at the hearing. After close of the public hearing,
the BCC shall by not less than a majority of a quorum present approve, approve
with conditions, modify, or deny the application. The actions shall be based
upon the applicable and any Standards specific to the use as required in Art. 4.B, Use Classification,
thereby adopting a resolution approving, approving with conditions, or denying
the proposed request. The resolution shall be filed with the Clerk of the
Circuit Court. For PO Deviations a Result Letter, in lieu of a resolution, is
prepared by the DRO, provided to the Applicant, and filed with the Zoning
Division. [Ord. 2008-003] [Ord. 2012-027] [Ord. 2017-007] [Ord. 2018-002] [Ord. 2019-005] [Ord. 2020-001]
1) The BCC may
consider an application be: remanded, continued, or postponed when a decision can
be rendered within the timeframe enumerated in the F.S., or if both parties
agree to a reasonable request for an extension of time. If there is no mutual
agreement for a time extension, the application shall move forward with a final
decision by the BCC. [Ord. 2020-001]
At the public hearing(s), the Hearing Officer shall consider the
application, all relevant support materials, staff report, testimony given, and
evidence introduced into the record at the public hearing(s) and decide to
approve, approve with conditions, deny, continue, postpone, modify, or withdraw
the request. [Ord. 2006-036] [Ord. 2018-002]
All testimony and evidence shall be given under oath or by
affirmation to the body conducting the hearing. [Ord. 2018-002]
Any person may appear at a public hearing and submit evidence,
either individually or as a representative of an organization. Anyone
representing an organization shall present evidence of his/her authority to
speak on behalf of the organization in regard to the matter under
consideration. Each person who appears at a public hearing shall be identified,
state an address, and if appearing on behalf of an organization, state the name
and mailing address of the organization. [Ord. 2018-002]
The procedures of the hearings shall be in accordance with Art. 2.G.2, General
Provisions. The decision making body may adopt bylaws stipulating the
manner in which the proceedings will be conducted. The body conducting the
hearing may exclude testimony or evidence that it finds to be irrelevant,
immaterial or unduly repetitious formal rules of evidence. Formal Rules of
evidence shall not apply but fundamental due process shall be observed. The
order of the proceedings shall be as follows: [Ord. 2018-002]
a. The Applicant
shall present any information the Applicant deems appropriate. [Ord. 2018-002]
b. The PBC Official
responsible for reviewing the applications shall present a written or oral
recommendation, including any report prepared. This recommendation shall
address each standard required to be considered by this Code prior to rendering
a decision on the application. For PO Deviations, the Applicant shall present a
written or oral recommendation, including any report prepared, with no
presentation from the PBC Official. This recommendation shall address each
standard required to be considered by this Code prior to rendering a decision
on the application. [Ord. 2018-002] [Ord.
2019-005]
c. Public
testimony shall be heard. [Ord.
2018-002]
d. The PBC Official
responsible for reviewing the application may respond to any statement made by
the Applicant or any public comment. [Ord.
2018-002]
e. The Applicant
may respond to any testimony or evidence presented by the PBC Staff or public
at the discretion of the Chair. [Ord.
2018-002]
f. The decision
making body may direct questions to Staff and the Applicant specific to the
request. [Ord. 2018-002]
g. The decision
making body shall discuss the facts of the application and make a
recommendation. [Ord. 2018-002]
The BCC or ZC conducting the public hearing, may on its own
motion or at the request of an Applicant, consider an application be continued
or postponed when a decision can be rendered within the timeframe enumerated in
the F.S., or if both parties agree to a reasonable request for an extension of
time. The BCC or ZC shall determine if an application shall be postponed when
an Applicant fails to submit a written request for postponement five days prior
to the hearing. All subsequent request for continuance or postponement shall be
granted at the discretion of the decision-making body. [Ord. 2005-041] [Ord.
2006-036] [Ord. 2018-002] [Ord. 2020-001]
An Applicant may submit a written request to the Zoning
Director, no less than five days prior to the hearing, for an application be
postponed when a decision can be rendered within the timeframe enumerated in
the F.S., or if both parties agree to a reasonable request for an extension of
time. If the postponement is requested less than five days prior to the date of
the scheduled hearing, the request for postponement shall be presented at the
hearing and at the discretion of the ZC or BCC. [Ord. 2018-002] [Ord. 2020-001]
The Applicant shall submit an application to the DRO for
finalization of the BCC or ZC approved DOs in accordance with the procedures in
Art. 2.C.3.A,
Finalization of BCC or ZC DOs, as applicable. [Ord. 2018-002] [Ord.
2019-005]
Other procedures, which include: Postponement, Remand,
Suspension of Development Review, Withdrawal, and Denial of Application are
referenced in Art. 2.A.10;
Violation of Condition of DO in Art. 2.A.11; Outstanding
Liens or Fines in Art.
2.A.12; Misrepresentation in Art. 2.A.13; and,
Appeal in Art. 2.A.14.
[Ord. 2018-002] [Ord. 2020-001]
To provide a means for changing the boundaries of the Official
Zoning Map for a parcel of land. This Section is not intended to relieve
particular hardships or to confer special privileges or rights on any person,
but only to make necessary adjustments in light of changed conditions. In
determining whether to grant an amendment, the BCC shall consider, the
consistency of the proposed amendment with the intent of the Plan set forth in
this Section. [Ord. 2018-002] [Ord. 2018-002]
When considering an application for rezoning to a Standard
Zoning District with or without a COZ,
the BCC and ZC shall utilize Standards a through g indicated below. An amendment which fails to meet any
of these standards shall be deemed adverse to the public interest and shall not
be approved. [Ord. 2007-001] [Ord. 2012-003] [Ord. 2017-007] [Ord. 2018-002]
a. Consistency with the Plan
The proposed amendment is consistent with the Plan. [Ord.
2007-001]
b. Consistency with the Code
The proposed amendment is not in conflict with any portion of
this Code, and is consistent with the stated purpose and intent of this Code. [Ord.
2007-001]
c. Compatibility with Surrounding
Uses
The proposed amendment is compatible, and generally consistent
with existing uses and surrounding zoning districts, and is the appropriate zoning
district for the parcel of land. In making this finding, the BCC may apply an
alternative zoning district. [Ord. 2007-001]
d. Effect on the Natural Environment
The proposed amendment will not result in significantly adverse
impacts on the natural environment, including but not limited to water, air,
stormwater management, wildlife, vegetation, wetlands, and the natural
functioning of the environment. [Ord. 2007-001]
e. Development Patterns
The proposed amendment will result in a logical, orderly, and
timely development pattern. [Ord. 2007-001]
f. Adequate Public Facilities
The proposed amendment complies with Art. 2.F,
Concurrency (Adequate Public Facility Standards). [Ord. 2007-001]
g. Changed Conditions or
Circumstances
There are demonstrated changed site conditions or circumstances provided by the Applicant’s Justification
Statement that necessitate the amendment. [Ord. 2007-001] [Ord. 2018-002]
a. General
Approval of a rezoning shall be deemed to authorize only the
particular zoning district for which it is approved.
b. Time Limitations
A rezoning with a COZ may be reviewed pursuant to Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord.
2005-002] [Ord. 2018-002]
A DO for a Standard Zoning District with a COZ may be modified through a DOA pursuant to
the Conditions of Approval established with its original approval, or as
otherwise set forth in this Code. The Applicant shall demonstrate and the BCC
must find that a change of circumstances or site conditions has occurred which
make it necessary or reasonable to amend, extend, vary or alter the COZ. [Ord.
2005-041] [Ord. 2009-040] [Ord. 2018-002]
Any rezoning of property having an existing mobile home park
shall comply with the requirements of F.S. § 723.083, Governmental Action
Affecting Removal of Mobile Home Owners. [Ord. 2017-025]
Conditional Uses and Rezoning to a PDD or TDD, require
individual review of the subject property’s location, proposed design, site
configuration, intensity or density to ensure the appropriateness, and
compatibility of the use with its surrounding land uses. [Ord. 2007-001]
[Ord. 2011-016] [Ord. 2017-007] [Ord. 2018-002]
When considering a DO application for a Rezoning to a PDD or a
TDD, or a Conditional Use, excluding Conditional Use requests for Density Bonus
pursuant to Art.
5.G.1, Workforce Housing Program (WHF), the BCC or ZC shall utilize the Standards
a through h indicated below. An application which fails to meet any of these
Standards shall be deemed adverse to the public interest and shall not be
approved. [Ord. 2007-001] [Ord. 2011-016] [Ord. 2012-003] [Ord. 2017-007]
[Ord. 2018-002] [Ord. 2019-033]
a. Consistency with the Plan
The proposed use or amendment is consistent with the purposes,
goals, objectives and policies of the Plan, including standards for building
and structural intensities and densities, and intensities of use. [Ord.
2007-001]
b. Consistency with the Code
The proposed use or amendment is not in conflict with any
portion of this Code, and is consistent with the stated purpose and intent of
this Code. [Ord. 2007-001] [Ord. 2018-002]
c. Compatibility with Surrounding
Uses
The proposed use or amendment is compatible and generally
consistent with the uses and character of the land surrounding and in the
vicinity of the land proposed for development. [Ord. 2007-001]
d. Design Minimizes Adverse Impact
The design of the proposed use minimizes adverse effects,
including visual impact and intensity of the proposed use on adjacent lands.
e. Design Minimizes Environmental
Impact
The proposed use and design minimizes environmental impacts,
including, but not limited to, water, air, stormwater management, wildlife,
vegetation, wetlands, and the natural functioning of the environment. [Ord.
2007-001]
f. Development Patterns
The proposed use or amendment will result in a logical, orderly,
and timely development pattern. [Ord. 2007-001]
g. Adequate Public Facilities
The extent to which the proposed use complies with Art. 2.F,
Concurrency (Adequate Public Facility Standards). [Ord. 2007-001]
h. Changed Conditions or
Circumstances
There are demonstrated changed site conditions or circumstances,
provided by the Applicant’s
Justification Statement that necessitate a modification. [Ord.
2007-001] [Ord. 2018-002]
When considering a DO application for a Conditional Use request
for Density Bonus pursuant to Art. 5.G.1, Workforce
Housing Program (WHP), the BCC shall utilize the Standards indicated in Art. 5.G.1.B.2.e.2)b),
Factors for Consideration. [Ord. 2019-033]
a. General
Issuance of a DO for a Conditional Use or a Rezoning to a PDD or
TDD shall be deemed to authorize only the particular site configuration,
layout, and level of impacts which were approved pursuant to this Code. [Ord. 2018-002] [Ord. 2019-034]
1) Permitted uses
may occur in conjunction with or in place of a Conditional Use; and [Ord. 2018-002]
2) Approval of a Rezoning
shall be deemed to authorize only the particular zoning district for which it
is approved. [Ord. 2018-002]
b. Time Limitations
The DO shall be reviewed pursuant to Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord. 2018-002]
c. Zoning Plan Compliance and
Initiation of Use
Development, benefit, or use of a Conditional Use shall not be
permitted until the Applicant has secured and complied with all other DOs and
site improvements required by this Code. [Ord. 2017-007] [Ord. 2018-002]
The approval of a DO shall not ensure that subsequent approvals
for other Development Permits will be granted unless the relevant and
applicable portions of this Code are met. [Ord.
2018-002]
Only those uses that are authorized as Class A Conditional Use
in the Use Matrices in Art.
4, Use Regulations, may be approved as Class A Conditional Use, unless
stated otherwise herein. The designation of a use as a Class A Conditional Use
in a district does not constitute an authorization of such use or an assurance
that such use will be approved under this Code. [Ord. 2017-007] [Ord.
2018-002]
Only those uses that are authorized as Class B Conditional Use in the Use Matrices
in Art. 4, Use
Regulations, may be
approved as Class B Conditional Use.
The designation of a use as a Class B Conditional
Use in a district does not constitute an authorization of such use or an
assurance that such use will be approved under this Code. [Ord. 2017-007]
All prior approvals for a Requested Use shall correspond to a
Conditional Use. [Ord. 2017-007] [Ord.
2018-002]
A DO for a COZ, Conditional Use, PDD, or TDD may be amended only
pursuant to the standards and procedures established for its original approval,
or as otherwise set forth in this Chapter. A Type 2 Waiver or a Type 2 Variance
shall not be amended through a DOA process. [Ord. 2007-001] [Ord.
2011-016] [Ord. 2017-007] [Ord.
2018-002]
Pursuant to the Standards indicated in Art. 2.B.7.B.2, Standards,
Conditional Uses and Rezoning to a PDD or TDD. [Ord. 2018-002]
DO amendments may be eligible for expedited consideration and
review subject to the following criteria: [Ord. 2016-042] [Ord. 2018-002]
The application shall meet all of the following criteria in
order to be reviewed under the EAC process; [Ord. 2016-042] [Ord. 2018-002]
1) Approval of the
Zoning Director and the County Engineer shall be obtained prior to submission. The
Zoning Director and the County Engineer shall consult with any other department
responsible for the Conditions of Approval. They shall approve or deny the
request to obtain expedited consideration based on compatibility of the request
with the surrounding area. The magnitude of the requested modification shall
also be considered. The County Engineer and the Zoning Director shall only
permit expedited consideration for proposals which have minimal site design
impact, and which, if approved, will be compatible with surrounding areas; [Ord. 2007-001] [Ord. 2016-042] [Ord.
2018-002]
2) The proposed
application, if approved, will not increase intensity or density of the
project; [Ord. 2007-001]
3) Proof of
compliance with all previous conditions of development approval; [Ord. 2007-001]
4) No change to
the threshold certificate, except alteration of legal description, shall occur;
[Ord. 2007-001]
5) The proposed
amendment does not affect uses or intensities/densities within a DRI; [Ord. 2007-001] [Ord. 2016-042] [Ord.
2018-002]
6) All impacts
shall be internal to the project; and, [Ord.
2007-001] [Ord. 2016-042]
7) Addition of
land area limited to abandoned R-O-W or easements along the perimeter of the
development. [Ord. 2016-042]
b. Procedures
The Applicant shall submit a written request for an EAC to the
County Engineer and the Zoning Director ten days prior to the Submittal date of
the application. After approval by the County Engineer and the Zoning Director
to participate in an EAC process, the application shall be submitted and
reviewed pursuant to the applicable development approval procedure, except
that: [Ord. 2018-002]
1) After the application is certified by the
DRO, the proposed modification may proceed directly to the next BCC hearing for
which advertising requirements can be met. [Ord.
2007-001]
Pursuant to Art. 2.B.7.B.4,
Effect of an Issuance of a DO or a Map Amendment for Conditional Uses or a
Rezoning to a PDD or TDD. [Ord. 2018-002]
A Type 2 Waiver is to allow flexibility for mixed use or infill
redevelopment projects, or architectural design, site design or layout, where
alternative solutions can be allowed, subject to performance criteria or
limitations. Type 2 Waivers are not intended to relieve specific financial
hardship nor circumvent the intent of this Code. A Type 2 Waiver may not be
granted if it conflicts with other Sections of this Code, or the Florida
Building Code. [Ord. 2011-016] [Ord. 2012-027] [Ord. 2018-002]
Requests for Type 2 Waivers shall only be permitted where
expressly stated within the ULDC or indicated in the following Table. [Ord.
2011-016] [Ord. 2012-027] [Ord. 2018-002]
|
Table 2.B.7.D – Summary of
Type 2 Waivers
|
|
Urban
Redevelopment Overlay (URAO)
|
Table
3.B.16.G, Type 1 and 2 URAO Waivers
|
|
WCRAO
Expansion of Existing Non-Conforming Parking
|
Art.
3.B.14.B.1.a, Expansion of Existing Non-Conforming Parking
|
|
WCRAO
Density Bonus Programs
|
Art.
3.B.14.H.2, Other Density Bonus Programs
|
|
IRO
Residential Setbacks
|
Art.
3.B.15.F.6.e.4)a), Residential Setbacks
|
|
URA
Residential Setbacks
|
Art.
3.B.16.E.3.a, Residential Setbacks
|
|
PDD
Minimum Frontage
|
Art.
3.E.1.C.2.a.1)a), Type 2 Waiver – Infill Development
|
|
PDD
Cul-de-sacs
|
Art.
3.E.1.C.2.a.5)b), Type 2 Waiver for
additional percentage
|
|
AGR
Tier – Parking Structure
|
Art.
3.F.2.A.2.d.1)a), Type 2 Waiver for
Parking Structures
|
|
AGR-TMD
– Block Structure
|
Art.
3.F.4.D.9.a, Type 2 Waiver for Block Structure
|
|
Commercial
Communication Towers
|
Art.
4.B.9.H.5, Type 2 Waiver from Required Dimensional Criteria
|
|
Unique
Structure
|
Art.
5.C.1.E.2, Unique Structure
|
|
Hours
of Operation
|
Art.
5.E.5.E, Type 2 Waiver
|
|
Large
Scale Commercial Development – Parking
|
Art.
6.A.1.D.2.c.1)d), Type 2 Waiver
|
|
[Ord. 2018-002] [Ord. 2018-018] [Ord.
2019-005]
|
When considering a DO application for a Type 2 Waiver, the BCC
shall utilize the Standards indicated below and any other standards specific to
a Type 2 Waiver as contained in this Code. For a Unique Structure, refer to the
Standards listed in Art.
2.B.7.D.4 below, and for a commercial communication tower, refer to Art.
4.B.9.H.5.d, Criteria for Granting a Type 2 Waiver. A Type 2 Waiver, which
fails to meet any of the Standards, shall be deemed adverse to the public
interest and shall not be approved. [Ord. 2011-016] [Ord. 2012-027] [Ord.
2018-002]
a. The Waiver does
not create additional conflicts with other requirements of the ULDC, and is
consistent with the stated purpose and intent for the zoning district or overlay;
[Ord. 2010-022] [Ord. 2011-016] [Ord.
2012-027] [Ord. 2018-002]
b. The Waiver will
not cause a detrimental effect on the overall design and development standards
of the project, and will be in harmony with the general site layout and design
details of the development; and, [Ord.
2010-022] [Ord. 2012-027] [Ord. 2018-002]
c. The alternative
design option recommended as part of the Waiver approval, if granted, will not
adversely impact adjacent properties. [Ord.
2010-022] [Ord. 2012-027] [Ord. 2018-002]
d. For the purpose
of Medical Marijuana Dispensing Facility in Art.
4.B.2.C.35.i, the BCC shall make the determination that the location of a
medical marijuana dispensing facility promotes the health, safety, and welfare
of the community. [Ord. 2017-028] [Ord.
2018-002]
When considering a DO application for a Unique Structure, the
BCC and ZC shall utilize the standards a-e indicated below in addition to the
requirements as stated in Art. 5.C.1.E.2,
Design Standards, Unique Structure. A request for a Unique Structure which
fails to meet any of these Standards shall be deemed adverse to the public
interest and shall not be approved. [Ord. 2009-040] [Ord. 2018-002]
The proposed architectural composition is consistent with the
purposes, goals, objectives and policies of the Plan, including standards for
building and structural intensities and densities. [Ord. 2009-040] [Ord. 2018-002]
The proposed architectural composition complies with all
standards imposed on it by all other applicable provisions of this Code for
use, layout, function, and general development characteristics. [Ord. 2009-040] [Ord. 2018-002]
The proposed architectural composition is consistent with the
Architectural Style, (see Technical Manual for examples) and generally
consistent with the: scale, proportion, unity, harmony and context of the
architecture in the surrounding area. [Ord.
2009-040] [Ord. 2018-002]
The proposed architectural composition minimizes environmental
impacts, including but not limited to water, air, stormwater management,
wildlife, vegetation, wetlands, and the natural functioning of the environment.
[Ord. 2009-040] [Ord. 2018-002]
Whether and to what extent it can be demonstrated that there are
any circumstances that support the designation. [Ord. 2009-040] [Ord. 2018-002]
Pursuant to Art. 2.B.7.B.4,
Effect of an Issuance of a DO or a Map Amendment for Conditional Uses or a
Rezoning to a PDD or TDD. [Ord.
2018-002]
A Type 2 Variance is to allow adjustment from certain Code
requirements as it applies to land development. Type 2 Variances are not
intended to relieve specific financial hardship nor circumvent the intent of
this Code. Variance requests for density or intensity beyond the stated limits
of the Plan shall be prohibited. [Ord. 2011-001] [Ord. 2012-003] [Ord.
2018-002]
Variance requests for density or intensity beyond the stated limits
of the Plan shall be prohibited. In addition, the ZC is not authorized
to grant variances from Code regulations with prohibited provisions, or the
following Articles of the ULDC: [Ord. 2006-036] [Ord. 2011-001] [Ord.
2014-001] [Ord. 2018-002]
a. Art. 1, General Provisions
(excluding Art.
1.F.3.D.1, Applicability); [Ord. 2008-003] [Ord. 2018-002]
b. Art. 2, Application
Processes and Procedures; [Ord.
2018-002]
c. Art. 3.B.3, COZ,
Conditional Overlay Zone; [Ord.
2018-002]
d. Art. 3.B.16, Urban
Redevelopment Area Overlay (URAO), except for parking requirements within
the URAO; [Ord. 2018-002]
e. Art. 4, Use Regulations,
unless specifically authorized in Art. 4.B, Use Classification; or,
to allow for a reduction in minimum lot size required for a use, in accordance
with Art.
1.G.1.B.6, Lots Reduced by Eminent Domain, Properties Affected by Eminent
Domain Proceedings; [Ord. 2007-013]
[Ord. 2008-003] [Ord. 2010-022] [Ord. 2014-001] [Ord. 2018-002]
f. Art.
5.C.1.H.1.f, Design Elements Subject to ZC or BCC Approval; [Ord. 2011-001] [Ord. 2018-002]
g. Art. 5.C.1.H.1.g,
Rural Design Elements, except for Table 5.C.1.H,
Rural Roof Design Element; [Ord.
2011-001] [Ord. 2018-002]
h. Art. 5.C.1.I, Large
Scale Commercial Development; [Ord.
2011-001] [Ord. 2018-002]
i. Art. 5.D, Parks and
Recreation – Rules and Recreation Standards, with the exception of Art. 5.D.2.G, Public
Park Landscape Standards; [Ord.
2018-002]
j. Art. 5.F, Legal Documents
(excluding provisions in Art.
5.F.2, Easements); [Ord. 2018-002]
k. Art. 5.G, Density Bonus
Programs; [Ord. 2018-002]
l. Art. 8.G.3.B,
Electronic Message Signs; [Ord.
2016-020] [Ord. 2018-002]
m. Art. 13, Impact Fees; [Ord. 2018-002]
n. Art. 14, Environmental
Standards; [Ord. 2018-002]
o. Art. 15, Health
Regulations; and, [Ord. 2018-002]
p) Art. 16, Airport
Regulations. [Ord. 2018-002]
Type 2 Variance applications include those that are processed by
the Zoning Division and the Land Development Division. Variance applications
may be submitted concurrently or separately with a request for a DO unless
determined by the DRO that the Variance is subject to a Standalone application,
and must be approved prior to the submittal of the DO application. [Ord.
2018-002]
a. Zoning Type 2 Variance (ZV)
The ZV shall only apply to the following applications: [Ord. 2018-002]
1) requesting
variances that exceed 15 percent of a required standard or Property Development
Regulations for residential lots of three units or less; and [Ord. 2009-040] [Ord. 2011-001] [Ord. 2012-003] [Ord. 2018-002]
2) requesting
variances that exceed the standards of Art. 2.C.5.D.3.b,
Non-Residential Projects. [Ord.
2012-003] [Ord. 2012-027] [Ord. 2018-002]
b. Subdivision Variance (SV)
A Variance from Art. 11, Subdivision, Platting, and Required
Improvements, shall be submitted to the County Engineer and shall
comply with the application procedures and requirements of this Article. [Ord. 2018-002]
An application for a Variance shall be submitted as a Concurrent
or a Standalone Variance, and shall comply with the following: [Ord.
2018-002]
a. Concurrent Variance
A Concurrent Variance shall be submitted with the DO
application. The Variance and the DO application shall be scheduled for the
same hearings to be considered by the ZC. Approval of a Variance by the ZC
shall be obtained prior to Final Plan approval by the DRO, plat recordation, or
issuance of a Building Permit, whichever occurs first. [Ord. 2018-002]
b. Standalone Variance
If an application for a DO is contingent upon approval of a
Variance, then the Variance shall be submitted as a Standalone Variance
application. The approval of the Variance by the ZC shall be obtained prior to
certification or Final Approval of the DO by the DRO. [Ord. 2018-002]
a. Description
All properties described in one application must be contiguous.
The DRO may require more than one application if the property concerned
contains more than 40 acres, or the fee paid for one application would not
equal the cost of processing multiple applications. [Ord. 2018-002]
The ZC shall consider and find that all seven criteria listed
below have been satisfied by the Applicant prior to making a motion for
approval, of a zoning or subdivision variance: [Ord. 2006-036]
a. Special
conditions and circumstances exist that are peculiar to the parcel of land,
building, or structure, that are not applicable to other parcels of land,
structures, or buildings in the same district;
b. Special
circumstances and conditions do not result from the actions of the Applicant;
c. Granting the
variance shall not confer upon the Applicant any special privilege denied by
the Plan and this Code to other parcels of land, buildings, or structures, in
the same district;
d. Literal
interpretation and enforcement of the terms and provisions of this Code would
deprive the Applicant of rights commonly enjoyed by other parcels of land in
the same district, and would work an unnecessary and undue hardship;
e. Granting the
variance is the minimum variance that will make possible the reasonable use of
the parcel of land, building or structure;
f. Granting the
variance will be consistent with the purposes, goals, objectives and policies
of the Plan and this Code; and,
g. Granting the
variance will not be injurious to the area involved or otherwise detrimental to
the public welfare.
7. Noise Variance
For requests for a Noise Variance, the ZC shall consider in
addition to the Standards listed above: [Ord. 2010-022] [Ord. 2018-002]
a. Additional time is necessary to alter the
activity to comply with the provisions of Art. 5.E.4.B, Noise
Limitations and Prohibitions; [Ord. 2010-022] [Ord. 2018-002]
b. The activity, operation, or noise source will
be of temporary duration which cannot be done in a manner that complies with Art. 5.E.4.B, Noise
Limitations and Prohibitions; [Ord. 2010-022] [Ord. 2018-002]
c. No reasonable alternative is available. Any
Variance granted pursuant to this Section contains all conditions upon which
the variance has been granted, including but not limited to the effective date,
time of day, location, sound level, limit or equipment limitation, and duration
of the variance. [Ord. 2010-022] [Ord. 2018-002]
Issuance of a Type 2 Variance DO shall be deemed to authorize
any permitted use in the underlying zoning district, unless a specific Condition
of Approval limits the specific use for which it is issued. [Ord. 2018-002]
a. Time Limitation
Unless otherwise specified in the DO or a Condition of Approval,
construction shall be commenced pursuant to Art. 2.E.2.C, Time
Limitations for Commencement, within 12 months of the variance approval date,
otherwise it shall become null and void. If more than one variance was granted,
the use of one of the variances shall vest the other variances. Permitted time
frames do not change with successive owners. [Ord. 2018-002]
1) Request for Time
Extension
Upon written request, an extension of time for the variance or
any condition thereof may be granted for a maximum of 24 months. No request for
an extension shall be considered unless a written application requesting the
extension is submitted to the appropriate Department prior to the date the
Development Order or condition is to expire. Failure to submit an application
for an extension within the time limits established by this Section shall
render the Development Order for the variance null and void. [Ord.
2018-002]
2) Exemption for
Applications Not Subject to Building Permit
If a Type 2 Variance is requested that does not require a
Building Permit to implement, then the Applicant shall include a written
statement with the application requesting a Condition of Approval to grant an
exemption from time limitation requirements. Granting of the exemption from
time limitations shall be subject to ZC approval of a Condition of Approval
specifying that no Building Permit is necessary to vest the Type 2 Variance. [Ord.
2018-002]
b. Conforming
Approval of a variance by the ZC shall render a parcel of land,
building or the structure to be conforming. Use of the variance shall be
limited to the exact dimensions and configuration of the parcel of land,
building or structure as indicated on the Site Plan as submitted in the
application. The parcel of land, building or structure may not be further
expanded, except in accordance with the standards of the Code. [Ord.
2018-002]
A DO for a Conditional Use or similar DO granted under Ord. No. 3-57, Ord. No. 73-2, Ord.
No. 92-20, or Ord. No. 2003-067, as amended, may be abandoned according to the
procedures in this Section and pursuant to Art. 2.B, Public Hearing
Processes. DOs, that are partially or fully implemented, or have not been
implemented may be abandoned subject to the requirements of this Section. [Ord.
2010-022] [Ord. 2018-002] [Ord.
2019-034]
2. Authority
The same Authority that granted the original DO shall render a
decision on a request for abandonment. [Ord. 2019-034]
3. Applicability
This Section shall apply to DOs granted by the BCC or ZC, and
are requested to be abandoned by an Applicant. DOs granting approval for a Rezoning
may not be abandoned. A DO for a Rezoning with a Conditional Overlay Zone
(COZ), may be processed for an abandonment of the COZ. [Ord. 2019-034]
a. In determining
the applicable process for an ABN application, the Applicant shall review the
approved DO Resolution, including the Whereas Clauses, Conditions of Approval,
and indicate in the application whether a new use will be requested concurrent
with the abandonment. An application for an abandonment of a prior approval
will be processed based on whether the DO has not been: partially or fully
implemented, or has not been implemented. [Ord.
2019-034]
b. Exception
DOs reviewed pursuant to the time requirements, or for failure
to comply with Conditions of a DO shall be reviewed under the requirements of Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord.
2019-034]
4. Sequence of Submittal
An application for an abandonment may be submitted as follows: [Ord.
2019-034]
a. Concurrent Abandonment
A Concurrent Abandonment may be submitted with a separate
application requesting a new DO or a DOA as follows: [Ord. 2019-034]
1) Abandon
previous resolution granting the entire DO and submit concurrently a new DO
subject to a Public Hearing approval process; [Ord. 2019-034]
2) Abandon
previous resolution granting the entire DO and submit concurrently with a new DO
subject to an Administrative or Building Permit approval process; or, [Ord. 2019-034]
3) Abandon
a DO that was approved with multiple requests, and may include Rezoning and Conditional
Uses in the same resolution. [Ord.
2019-034]
a) The ABN
application and the resolution shall clearly identify those Use(s) that are
subject to the abandonment; [Ord. 2019-034]
b) The DOA
application shall delete those conditions that are tied to the abandoned Use(s);
and, [Ord. 2019-034]
c) If the multiple
requests included a Rezoning and were approved under the same resolution, then
the resolution shall remain in effect for the zoning district of the subject
property unless the Applicant is requesting a Rezoning of the property to a
different zoning district. [Ord. 2019-034]
Reviewed for abandonment with no proposed use. Any future use
would be subject to the requirements of the Code at time of approval. [Ord. 2019-034]
In addition to the Submittal Requirements pursuant to Art. 2.A.6.A, Zoning
Application Requirements, the Applicant shall provide the following: [Ord.
2019-034]
a. Consent of all Property
Owners of the subject property, if applicable; and [Ord. 2019-034]
b. Status of all Conditions
of Approval, whether the Conditions are no longer applicable, implemented, or
pending implementation. The Applicant must confirm that there are no reliance
of other interested parties on additional performance or activities related to
the proposed ABN. [Ord. 2019-034]
When considering an ABN application, the BCC and ZC shall
consider the standards indicated below. [Ord. 2019-034]
a. Consistency with the Plan
The proposed abandonment is consistent with the Plan. [Ord. 2019-034]
b. Consistency with the Code
The proposed abandonment, is not in conflict with any portion of
this Code, and is consistent with the stated purpose and intent of this Code.
The abandonment of a DO does not create any new nonconformities. [Ord. 2019-034]
c. Adequate Public Facilities
The proposed abandonment of the DO shall not impact the approved
requirements of Art.
2.F, Concurrency (Adequate Public Facility Standards). When a
non-implemented DO is abandoned, all concurrency affiliated with the DO is no
longer valid. For implemented DOs, concurrency for the remainder of the
non-affected area shall remain. Concurrency for any new uses on the subject
property shall be subject to the requirements of Art. 2.F,
Concurrency (Adequate Public Facility Standards). [Ord. 2019-034]
d. Changed Conditions or
Circumstances
There are demonstrated changed site conditions or circumstances
provided by the Applicant’s Justification Statement that necessitate the
abandonment. Abandonment of the resolution approving the DO will not impact
other DOs approved on the same site. There is no reliance by other parties for
additional performances, or tasks to be implemented, that were required in the
original DO. [Ord. 2019-034]
Once an ABN application has been certified by the DRO, the DRO
shall schedule a public hearing in accordance with the dates established in the
Annual Zoning Calendar. The scheduling of the application of public hearing
shall ensure the public notice requirements are satisfied. [Ord. 2019-034]
a. An application
for abandonment processed under Art. 2.B.7.F.4.a.2),
Concurrent Abandonment or Art. 2.B.7.F.4.b,
Standalone Abandonment only need to be reviewed by the Board making the
final decision, and a staff report would not need to be prepared. The Findings
of Fact for compliance with the Standards will be contained within the Abandonment
DO. [Ord. 2019-034]
b. An application
for abandonment processed under Art. 2.B.7.F.4.a.3),
Concurrent Abandonment, may be processed as an EAC, provided it meets the
criteria pursuant to Art.
2.B.7.C.3.a, Criteria. [Ord. 2019-034]
A PO Deviation is to allow adjustment from certain Code requirements
as it applies to land development that supports government facilities within
the PO Zoning District. [Ord. 2019-005]
Requests for PO Deviation shall only be permitted as indicated
in the following Table. [Ord. 2019-005]
Development supporting government facilities within the PO Zoning
District, subject to an application established by the Executive Director of
PZB and approval by the BCC utilizing the following standards: [Ord.
2007-013] [Ord. 2010-022] [Ord. 2019-005]
a. the proposed
deviation(s) maintains compatibility with the uses and character of land surrounding
and in the vicinity of the land proposed for development; [Ord. 2007-013]
b. adverse effects
on adjacent uses and lands, including but not limited to visual impact, are determined
to be minimal or otherwise negligible upon review and consideration of surrounding
lands, uses, zoning, Future Land Use (FLU), character, or other preexisting conditions;
[Ord. 2007-013]
c. special or
unique circumstances or factors exist that are applicable to the proposed use, structure,
feature, or land proposed for development; [Ord.
2007-013]
d. the proposed
deviation(s) allows for reasonable or practical use of the land proposed for
development; [Ord. 2007-013]
e. approval of the
deviation(s) is consistent with the purpose, goals, policies, and objectives of
the Plan and this Code; and, [Ord.2007-013]
f. approval of
the deviation(s) is not injurious to the surrounding area or otherwise
detrimental to public health, safety, and general welfare. [Ord. 2007-013]
Issuance of a PO Deviations DO shall be deemed to authorize any
permitted use in the underlying zoning district, unless a specific Condition of
Approval limits the specific use for which it was issued. [Ord. 2019-005]
The DRO and ZC may recommend, and the BCC may impose, such
conditions in a DO that are necessary to accomplish the purposes of the Plan
and this Code; to prevent or minimize adverse effects upon the public, the
environment and neighborhoods; and to ensure compatibility, including, but not
limited to, limitations on function, size, bulk, location of improvements and
buildings, standards for landscaping, buffering, lighting, adequate ingress and
egress, conveyance of property, on-site or off-site improvements, duration and
hours of operation. Conditions shall be included if conventional standards are
inadequate to protect the public interest and surrounding land uses or if
additional improvements are needed to facilitate a transition between different
uses. Conditions are not intended to restate Code provisions. Any Code
provision which is expressly restated as a Condition of Approval, shall not be
eligible for a variance unless otherwise specified in the condition. Fixed time
periods may be set for compliance with conditions and shall be governed by Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord.
2007-001] [Ord. 2011-016] [Ord.
2017-007] [Ord. 2018-002]
The DRO may recommend, and the ZC may impose, such conditions in
a DO for the same purposes as stated in above. [Ord. 2017-007] [Ord. 2018-002]
Issuance of a DO for a Conditional Use, DOA or a Type 2 Waiver,
shall be deemed to authorize only the particular site configuration, layout and
level of impacts which were approved pursuant to this Code, unless the approval
is abandoned. Permitted uses may occur in conjunction with or in place of a
Conditional Use, provided there are no Conditions of Approval that prohibit the
permitted uses to be added to the building or a bay of the building. [Ord.
2011-016] [Ord. 2017-007] [Ord.
2018-002]
Development, benefit, or use of a Conditional Use or DOA shall
not be permitted until the Applicant has secured and complied with all other Development
Orders and site improvements required by this Code. [Ord. 2017-007] [Ord. 2018-002]
The approval of a DO shall not ensure that subsequent approvals
for other DO will be granted unless the relevant and applicable portions of
this Code are met. [Ord. 2018-002]
Issuance of a Type 2 Variance DO shall be deemed to authorize
any permitted use in the underlying zoning district, unless a specific Condition
of Approval limits the specific use for which it is issued. A DO for a variance
shall run with the land. [Ord.
2018-002]
Unless otherwise specified in the DO or a Condition of Approval,
construction shall be commenced pursuant to Art. 2.E.2.C, Time
Limitations for Commencement, within 12 months of the variance approval
date, otherwise it shall become null and void. If more than one variance was
granted, the use of one of the variances shall vest the other variances.
Permitted time frames do not change with successive owners. [Ord. 2012-027] [Ord. 2018-002]
a. Request for Time Extension
Upon written request, an extension of time for the variance or
any condition thereof may be granted for a maximum of 24 months. No request for
an extension shall be considered unless a written application requesting the
extension is submitted to the appropriate Department prior to the date the Development
Order or condition is to expire. Failure to submit an application for an
extension within the time limits established by this Section shall render the
Development Order for the variance null and void. [Ord. 2012-027]
b. Exemption for Applications Not
Subject to Building Permit
If a Type 2 Variance is requested that does not require a
Building Permit to implement, then the Applicant shall include a written
statement with the application requesting a Condition of Approval to grant an
exemption from time limitation requirements. Granting of the exemption from
time limitations shall be subject to ZC approval of a Condition of Approval
specifying that no Building Permit is necessary to vest the Type 2 Variance. [Ord. 2012-027] [Ord. 2018-002]
Approval of a variance by the ZC shall render a parcel of land,
building or the structure to be conforming. Use of the variance shall be
limited to the exact dimensions and configuration of the parcel of land,
building, or structure as indicated on the Site Plan as submitted in the
application. The parcel of land, building, or structure may not be further
expanded, except in accordance with the standards of the Code. [Ord.
2006-036]
To establish procedures and standards for: [Ord.
2018-002]
A. Sufficiency determination of applications
that are subject to the Administrative processes; [Ord. 2018-002]
B. Submittal, Review, Resubmittal, and Approval
of applications that are subject to Table 2.C.3, DRO,
Administrative Processes; [Ord. 2018-002]
C. Finalization of approved BCC or ZC DOs by the
DRO; [Ord. 2018-002]
D. Review and final decisions on requests that
are subject to the Administrative processes by the DRO; and, [Ord.
2018-002]
E. Considerations for other Administrative types
of processes that will not result in the issuance of a DO. [Ord. 2018-002]
The DRO shall ensure the applications meet all Submittal requirements
and the requests are consistent with Art. 2.A, General and
the Zoning Technical Manual. If the application is determined to be sufficient
by the DRO, the DRO shall provide written notification to the Applicant and the
application shall be distributed to the applicable County Agencies for review
pursuant to the procedures and standards of this Article. [Ord. 2018-002] [Ord. 2020-001]
If an application is determined to be insufficient pursuant to
the Zoning Technical Manual, the DRO shall provide written notification to the
Applicant specifying the deficiencies. The notification shall be forwarded to
the Applicant within 30-calendar days from the date of the Application’s Submittal.
[Ord. 2018-002] [Ord. 2020-001]
1. No further
action shall be taken on the application until the deficiencies are remedied. [Ord.
2018-002]
2. The Applicant
shall address all insufficiencies no more than 30-calendar days after the
application was determined to be insufficient, and resubmit the application on
the Submittal date. [Ord. 2018-002] [Ord. 2020-001]
3. If the
application is amended and determined to be sufficient by the DRO, the
application shall be processed for review. [Ord. 2018-002]
4. If the
deficiencies are not remedied, the DRO shall issue a second written
notification to the Applicant indicating the application shall be considered
withdrawn unless a written request for a time extension has been submitted and
approved by the Zoning Director, pursuant to Art. 2.C.2.C, Time
Extension. [Ord. 2018-002] [Ord. 2020-001]
The Applicant may submit a written request for an extension of
time to the Zoning Director should additional time be required to address deficiencies
of the application. Such request shall be submitted to the Zoning Director no
later than five days after the issuance of the second Insufficiency
notification. [Ord. 2018-002] [Ord.
2020-001]
If the Applicant fails to address the insufficiencies or request
and receive a time extension, it may result in an Administrative withdrawal of
the application. [Ord. 2018-002]
[Ord. 2020-001]
Section 3 General
The DRO shall coordinate the review of applications with all
the applicable Agencies based on the request(s), and in accordance with the
Table below. The application(s) shall be assigned by the DRO to be reviewed
either through the Full DRO, which consists of all applicable County Agencies,
or Zoning Agency Review (ZAR), which consists of one to a maximum of five
Agencies. An Applicant may also request Sequential or Concurrent Review by the
DRO. [Ord. 2018-002]
|
Table 2.C.3 – DRO, Administrative
Processes
|
|
|
|
|
|
|
|
|
|
Finalize the BCC or
ZC DOs and Plans
|
✓
|
|
|
|
|
A Use subject to Art. 4.A.7.C.2,
Development Review Officer (DRO) (1)
|
✓
|
✓
(2)
|
|
Administrative
Modifications to Prior DO in accordance with Table 2.C.5.B
|
✓
|
✓
(2)
|
|
Subdivision Plan
pursuant to Art.
11, Subdivision, Platting, and Required Improvements (3)
|
✓
|
|
|
Type 1 Waiver (4)
|
✓
|
|
|
Type 1 Variance
|
|
✓
|
|
Temporary Use
pursuant to Art.
4.B.11, Temporary Uses
|
|
✓
|
|
Special Permit
pursuant to Art.
8.H.2, Billboards
|
|
(6)
|
|
Reasonable
Accommodation
|
|
✓
|
|
Zoning Confirmation
Letter (Formal and Non-Site Specific Formal) (5)
|
|
✓
|
|
Zoning Confirmation
Letter (Informal) (5)
|
|
✓
|
|
Release of Unity of
Title (5)
|
|
✓
|
|
ABN for a prior DO
approved by the DRO
|
✓
|
✓
|
|
[Ord. 2018-002] [Ord.
2018-018]
|
|
Notes:
|
|
1.
|
Includes where it
specifies the process is subject to the DRO in Art. 4.B, Use
Classification or in Art. 3.B, Overlays, Art. 5.G.1.B.3,
Approval Process for WHP, Table 5.G.2.D,
Review Process for AHP, and Art. 5.G.3.K.3,
Review Process for TDR.
|
|
2.
|
There shall be an approved Zoning Plan (Site or
Subdivision) for those requests to add a new use or replacement of a use
through the ZAR process.
|
|
3.
|
May be reviewed and approved concurrent with a
Final Master Plan that was approved by the BCC.
|
|
4.
|
Includes Type 1 Waiver for Landscaping.
|
|
5.
|
This type of request will not issue a DO for the
subject property.
|
|
6.
|
Shall be processed as a Special Permit.
|
|
|
|
|
After the BCC or ZC hearing and approval of a DO, the Applicant
shall submit to the DRO for Final Plan approval. The DRO shall review the
application under the Full DRO process, and shall ensure the DO is consistent
with the BCC or ZC approved plan and Conditions of Approval. The Final Plan
review shall include any DOs that do not involve changes on the plan. All
Preliminary Zoning Plans shall be finalized by the DRO prior to the application
of a Building Permit; commencement of any related land development activities;
utilization of any use or approval granted by the BCC or ZC. An Applicant may
allow to submit for an Expedited Review or for a Concurrent Review under the
Full DRO process subject to the following: [Ord. 2018-002]
Applications shall be submitted within two months after the
final decision date of the BCC or ZC to be considered as DROE. The Applicant
may request a DROE application after the ZC hearings, and prior to the BCC’s
final decision hearings provided that: [Ord. 2018-002]
a.
The application must be on the Consent Agenda of
the hearings; [Ord. 2018-002]
b.
There is no opposition from the Public; and, [Ord.
2018-002]
c. The Applicant
agrees to and accept all of the Conditions of Approval. [Ord. 2018-002]
Refer to Art. 2.A.4, Concurrent
or Separate Applications.
The DRO shall make a final decision on a permanent or a temporary
use pursuant to Table
2.C.3, DRO, Administrative Processes. Applications may be reviewed under
either the Sequential or Concurrent Review process, where applicable. The DROE
cannot be utilized for applications that are subject to the Administrative
Approval. Final Plan review shall be required for all DOs even for those
applications that do not include graphic changes to the Plan(s). All Zoning
Plans shall be approved by the DRO prior to applying for a Building Permit;
commencing related land development activities; or utilizing any use subject to
DRO approval, unless stated otherwise herein. [Ord. 2018-002]
Review of an application shall be initiated by the DRO on
the date it is deemed sufficient. The deadlines for Staff Comments, Resubmittal
by the Applicant, and Certification or Final Decision shall be indicated on the
Annual Zoning Calendar [Ord. 2018-002] [Ord. 2020-001]
Staff review shall be based on applications that are deemed
sufficient, and any subsequent resubmittals. The DRO shall prepare a list of
issues and comments and make it available to the Applicant. The Applicant shall
provide a written response and revised document(s), if applicable, addressing
all outstanding issues and comments and revised document(s) on the Resubmittal
date indicated on the Annual Zoning Calendar. The written responses and revised
document(s) shall address the issues and comments prepared by Staff and shall
not significantly modify the application that was determined to be sufficient. [Ord. 2018-002] [Ord. 2020-001]
1. Significant
modifications shall include, but not limited to the following: [Ord. 2020-001]
a. Additional
requests to the application; or [Ord.
2020-001]
b. Modifications
to the site layout or submitted document(s) that would require a new review of
the document(s) or impact the timing of a final decision by the DRO. [Ord. 2020-001]
2. If
the DRO determines that the revised requests and documents are significantly
modified from the original request that was demined to be sufficient, the DRO
shall provide a written notification to the Applicant describing what changes
significantly modified the application. The Applicant shall: [Ord. 2020-001]
a. revise
the requests and modify plans to eliminate the significant modification; [Ord. 2020-001]
b. submit
a written request for a time extension to the Zoning Director to determine if
the application is still sufficient or if a new sufficiency review is required.
Both parties may agree to a reasonable request for an extension of time; or, [Ord. 2020-001]
c. request
withdrawal of the application. [Ord.
2020-001]
B. Action by the DRO for DO Administrative Applications, except
Type 1 Variance
If the revised document(s) fail to address all listed
outstanding issues and comments, the DRO shall issue a Result List indicating
that the application is not approved. [Ord. 2018-002] [Ord. 2020-001]
a. Resubmittal Requirements
The Applicant shall provide a written response addressing all
outstanding issues and comments for those applications that were not approved
in a manner and form acceptable to the DRO. The revised document(s) shall be
submitted on the Resubmittal date as established on the Annual Zoning Calendar.
[Ord. 2008-003] [Ord. 2018-002] [Ord. 2020-001]
b. Time Extension
Applicants who have applications for a DO that are not approved
within 120-calendar days of Sufficiency determination by the DRO, must submit a
written request and receive approval for an extension of time from the Zoning
Director within the 120-calendar day deadline. Both parties may agree to a
reasonable request for an extension of time. [Ord. 2005-002] [Ord. 2018-002] [Ord. 2018-018] [Ord. 2020-001]
If the Applicant fails
to address the listed outstanding issues and comments within the 120-calendar
day deadline, and fails to request and receive approval for a reasonable
request for an extension of time from the Zoning Director, within the
120-calendar day deadline, the application shall receive a decision of denial
from the DRO for failure to comply with the Standards pursuant to Art. 2.C.5, Types of Applications, including the outstanding issues and
comments provided by Staff. [Ord. 2020-001]
If the resubmitted
document(s) satisfy Code requirements and address the DRO’s list of outstanding
issues and comments, the DRO shall issue a Result Letter indicating the
approval of the application. [Ord. 2018-002] [Ord. 2020-001]
If the revised
document(s) fail to address all listed outstanding issues and comments, the DRO
shall issue a Result List indicating that the application is not certified. [Ord.
2020-001]
a. Resubmittal
Requirements
The Applicant shall
provide a written response addressing all outstanding issues and comments for
those applications that were not certified in a manner and form acceptable to
the DRO. The revised document(s) shall be submitted on the Resubmittal date as
established on the Annual Zoning Calendar. [Ord.
2020-001]
b. Time
Extension
Applicants who have
applications for a DO that are not certified within 90-calendar days of
Sufficiency determination by the DRO, must submit a written request and receive
approval for an extension of time from the Zoning Director. Both parties may
agree to a reasonable request for an extension of time. [Ord. 2020-001]
a. If the resubmitted document(s) satisfy Code
requirements and address the DRO’s list of outstanding issues and comments, the
DRO shall issue a Result Letter indicating the certification of the
application. [Ord. 2020-001]
b. If the Applicant fails to address the listed
outstanding issues and comments within the 90-calendar day deadline, and fails
to request and receive approval for a reasonable request for an extension of
time from the Zoning Director within the 90-calendar day deadline, the
application shall be scheduled to proceed to a public meeting to comply with
the timeframes enumerated in the F.S. An Applicant shall receive a
recommendation of denial from Staff for failure to comply with the Standards
pursuant to Art. 2.C.5.D, Type 1 Variance, including the outstanding issues and
comments provided by Staff. [Ord. 2020-001]
Applications shall not
be significantly modified after certification, unless requested or agreed to by
the DRO. Significant modifications to the certified plan(s) and applications
within ten days of a scheduled public meeting date shall result in a postponement
when a decision can be rendered within the timeframe enumerated in the F.S., or
if both parties agree to a reasonable request for an extension of time. For the
purposes of the Article, a modification shall be considered significant if it
exceeds 30 percent or more change from the certified plan or application
request. The DRO may consider, but not limited to, intensity, density, land
area, or vehicular use areas, to determine whether the certified plans or
document(s) exceed the 30 percent threshold. [Ord. 2020-001]
Refer to Art.
2.B.5, Notification. [Ord. 2018-018]
Once an application has been certified by the DRO, the DRO shall
schedule a public meeting in accordance with the dates established in the
Annual Zoning Calendar and pursuant to the F.S. The scheduling of the
application for public meeting shall ensure the public notice requirements are
satisfied and a decision is rendered pursuant to F.S. [Ord. 2018-018] [Ord.
2020-001]
a. Number of Meetings
The DRO shall hold at least one public meeting on applications
that are subject to the Type 1 Variance process. [Ord. 2018-018]
The DRO conducting the public meeting, may on its own motion or
at the request of an Applicant, consider an application be continued or
postponed, when a decision can be rendered within the timeframe enumerated in
the F.S., or if both parties agree to a reasonable request within the timeframe
enumerated in the F.S., or if both parties agree to a reasonable request for an
extension of time. The DRO shall determine if an application shall be postponed
when an Applicant fails to submit a written request from postponement five days
prior to the meeting. All subsequent requests for continuance or postponement
shall be granted at the discretion of the DRO. [Ord. 2020-001]
a. Postponement by Right
An Applicant may submit a written request to the Zoning
Director, no less than five days prior to the public meeting, for an
application be postponed when a decision can be rendered within the timeframe
enumerated in the F.S., or if both parties agree to a reasonable request for an
extension of time. If the postponement is requested less than five days prior
to the date of the scheduled meeting, the request for postponement shall be
presented at the hearing and at the discretion of the DRO. [Ord. 2020-001]
To establish standards for Administrative Approval of new uses
by the DRO. These uses require individual review by the DRO of the subject
property’s location, proposed design, site configuration, intensity or density
to ensure the appropriateness, and compatibility of uses with its surrounding
land uses. [Ord. 2018-002]
When considering a DO application that are subject to the
Administrative Approval processes, the DRO shall utilize the Standards a
through c indicated below: [Ord.
2018-002]
The proposed use is consistent with the purposes, goals,
objectives and policies in the Plan, including standards for densities, and
intensities of use. [Ord. 2018-002]
b. Consistency with the Code
The proposed use or amendment is not in conflict with any
portion of this Code, and is consistent with the stated purpose and intent of
this Code. [Ord. 2018-002]
c.
Adequate Public Facilities
The proposed use complies with Art. 2.F,
Concurrency (Adequate Public Facility Standards). [Ord. 2018-002]
A DO approved by the DRO shall have the following effect and
authority: [Ord. 2009-040]
a. Any permitted
uses may occur in conjunction with or in place of the approved use; [Ord.
2018-002]
b. Issuance of a
DO approved by the DRO shall be deemed to authorize only the particular site
configuration, layout, design, level of impacts, and intensity or density which
were approved pursuant to this Code; and, [Ord. 2018-002]
c. A DO may only
be amended pursuant to the procedures and standards in this Article. [Ord.
2018-002]
To establish review criteria for the
evaluation of Administrative Modifications to DOs that are approved by the BCC,
ZC or the DRO. The DRO shall have the authority to approve modifications to a
Development Order approved by the BCC or ZC. The authority of the DRO to modify a prior approval shall, include but
not be limited to Table 2.C.5.B, Administrative Modifications
to Prior DOs. The
DRO may allow the modifications so long the request(s) meet the intent of the
BCC or ZC approval, and comply with the Conditions of Approval. The DRO shall determine which Agencies will review the
application, and whether the review shall be subject to the Full DRO or ZAR
process. A combination of requests may require review through the Full DRO
process. In making a decision on the requested modification(s), the DRO shall
evaluate the application based on the Table listed below, unless otherwise
stated herein. The Zoning Director shall maintain PPM
#ZO-O-029, Administrative Modifications to Approved Site Plans, outlining a
list of minor amendments and establishing items that are exempt from the
Administrative Modifications process. [Ord.
2008-003] [Ord. 2010-005] [Ord. 2010-022] [Ord. 2011-001] [Ord. 2018-002]
a. Exceptions
1. All Class A or Class B Conditional Uses shall
remain in the location consistent with the plan(s) approved by the BCC or ZC;
unless a Condition of Approval allows an alternative location on the same site.
[Ord.
2018-002]
2. Modifications shall not be allowed if there
is a BCC or ZC Condition of Approval that prohibits the amendment request. [Ord.
2018-002]
b. Modifications to BCC or ZC
Approved Plans
For modifications to a BCC or ZC approved DO, the Applicant
shall utilize the latest BCC or ZC approved Preliminary Plan for comparison
purposes to identify the changes. If the Preliminary Plan is finalized by the
DRO, then that Plan shall be used to show the proposed modifications. [Ord.
2018-002]
When considering a DO request for Administrative Modifications,
the DRO shall utilize the same Standards a through c pursuant to the
Administrative Approval of a new use, the DRO shall also consider the
limitations and criteria stated in the following Table: [Ord. 2018-002]
|
Table 2.C.5.B – Administrative
Modifications to Prior DOs
|
|
Request
|
|
|
|
|
|
Relocation of
Building Square Footage (1)(2)
|
Allow relocation of no more than 25 percent of
the total approved square footage or other area indicated as being covered by
buildings or structures to portions of the site not previously covered.
|
·
Relocation of square footage to a building
shall not enlarge the footprint of the building more than 50 percent of the
building area as indicated on the latest applicable BCC or ZC approved plan;
·
Relocated square footage may be requested in
conjunction with the increase of square footage;
·
Relocated square footage shall not be used to
create additional freestanding buildings or structures; (4)
·
Relocation of square footage may be integrated
vertically provided the overall height will not exceed ten percent of the
approved height and meet setback requirements; and,
·
Shall not be relocated or constructed closer
to perimeter property lines than what was shown on the latest applicable BCC
or ZC approved plan, unless the FLU designation, zoning district, or existing
use of the adjacent parcel is compatible.
|
|
Increase in Square Footage for Building, Structure
or Outdoor Area that is Considered as Square Footage (1)(2)
|
Allow
an increase of a maximum of five percent or 5,000 square feet of any
building, structure or outdoor area that is considered as square footage;
whichever is less.
|
·
The increase shall not exceed a maximum of
5,000 square feet of the total square feet approved by the BCC or ZC;
·
The increase shall not exceed a maximum of five
percent or 5,000 square feet of any building, structure or outdoor area
considered as square footage, whichever is less;
·
The increase shall not be used to create new freestanding
building(s) or structure(s); (4)
·
Shall not be relocated or constructed closer
to perimeter property lines than what was shown on the BCC or ZC approved
plan, unless the FLU designation, zoning district, or existing use of the
adjacent parcel is compatible;
·
Relocated square footage may be requested in
conjunction with the increase of square footage; and,
·
Subject to Adequate Public Facilities Review.
|
|
External Emergency
Access Ways
|
Addition
of emergency access ways.
|
·
Required
by the PBC Fire-Rescue Department;
·
Notice
to the District Commissioner by the Zoning Division; and,
·
Access
point(s) shall be secured by a gate that has the necessary mechanism to
ensure it is closed and secured after each Fire-Rescue emergency call.
|
|
External Access Way
to a Civic Pod
|
Addition of access ways.
|
·
Pod
supports a Fire-Rescue station, Government Owned Towers or a Government
Facility;
·
Notice
to the District Commissioner by the Zoning Division prior to DRO approval;
and,
·
No
substantial increase in traffic impact above that approved by the BCC as determined
by the County Engineer.
|
|
External Access Way
for Property within the URAO
|
Addition of access ways for Interconnectivity.
|
·
The property has a UI or UC Zoning district;
·
Interconnectivity shall comply with Art. 3.B.16.F.5, Interconnectivity
Standards;
·
Interconnectivity shall align with the existing access way
located on an adjacent UI or UC parcel;
·
Both parcels shall have a recorded Cross Access Easement
and Agreement;
·
No significant increase in traffic above that approved by
the BCC as determined by the County Engineer; and,
·
Notice to the District Commissioner by the Zoning Division
|
|
Relocation of Open Space or Recreation
Area(s)
|
Allow
the relocation of open space or recreation area(s).
|
·
Relocation shall be within the same overall site or pod;
·
The acreage of the required open space or recreation
area(s) shall remain the same; and,
·
By relocating the open space or recreation area, it will
not result an incompatibility issue from the adjacent properties or pods that
are internal to the site.
|
|
Phase Lines of the Development
|
Allow
addition and modification of phase line of the development. This may apply to
those ZC or BCC approved DO that have no Phase lines.
|
·
If
the addition or modifications are consistent with the intensity or density of
the approved DO; and
·
Addition
or modification of the Phase lines shall not exceed the approved Concurrency.
|
|
Type 2 Waiver or Type 2 Variance
|
Modification
of the approved Waiver or Variance.
|
Modification shall increase the degree of conformity with the current
Code requirements.
|
|
Renewable Energy Wind Facility within the
AP Zoning District
|
Allow
an increase of ten percent or a maximum of ten wind turbines approved by the
BCC.
|
Shall comply with separation or setback requirements
from streets, and residential uses and districts as contained for the use in Art. 4, Use Regulations. (3)
|
|
Table 2.C.5.B – Administrative
Modifications to Prior DOs, Cont’d.
|
|
|
|
|
|
|
|
Relocation of
Building Square Footage (1)(2)
|
Allow relocation of no more than 25 percent of
the total approved square feet or other area indicated as being covered by
buildings or structures to portions of the site not previously covered.
|
·
Relocation of square footage to a building
shall not enlarge the footprint of the building more than 25 percent of the
building area as shown on the latest BCC or ZC approved plan;
·
Relocated square footage may be requested in
conjunction with the increase of square footage;
·
Relocated square footage shall not be used to
create additional freestanding buildings or structures; (4)
·
Relocation of square footage may be integrated
vertically provided the overall height will not exceed ten percent of the
approved height and meet setback requirement; and,
·
Shall not be relocated or constructed closer
to perimeter property lines than what was originally shown on the BCC or ZC
approved plan, unless the FLU designation, zoning district, or existing use
of the adjacent parcel is compatible.
|
|
Increase in Square Footage for Building,
Structure or Outdoor Area that is Considered as Square Footage (1)(2)
|
Allow
an increase of a maximum of five percent or 2,500 square feet of any
building, structure or outdoor area that is considered as square footage;
whichever is less.
|
·
The
increase shall not exceed a maximum of 2,500 sq. ft. of the total square feet
approved by the BCC or ZC;
·
The
increase shall not exceed a maximum of five or 2,500 square feet of any
building, structure or outdoor area considered square footage, whichever is
less;
·
The
increase in square feet shall not be used to create new freestanding building(s)
or structure(s) (4); and,
·
Subject
to Adequate Public Facilities Review.
|
|
Overall Height Increase
|
Allow a
maximum of ten percent
|
Shall meet setback requirements.
|
|
Internal Access Points
|
Allow
relocation, addition or deletion.
|
·
Determine
whether the proposed location is in proximity to a street intersection; and
·
Whether
the proposed location will not negatively impact the existing sidewalk, and
maintain the safety of pedestrians.
|
|
Relocation of Site Elements: Signs
|
Allow
change in location of freestanding ground mounted signs.
|
Request is based on an approved Master Sign Plan.
|
|
Relocation of Site Elements: Parking and
Loading
|
Allow
relocation of parking or loading spaces.
|
Shall be consistent with Art. 6, Parking, Loading, and Circulation.
|
|
Architectural Elevations
|
Allow
modifications to approved Architectural elevations.
|
If the proposed modifications are consistent with the BCC, ZC or DRO
approved Architectural elevations or any applicable Conditions of Approval
|
|
Reduction in Building Size
|
Allow
reduction in or elimination of building square feet.
|
·
The
reduction or elimination of building square feet shall not negatively impact
the layout and design of the approved plan; and
·
Amendment
to the approved Adequate Public Facilities to indicate the reduction in or
elimination of square feet.
|
|
Modification of Type
1B Excavation
|
Allow reconfiguration.
|
Reconfiguration shall not
bring the excavation closer to the property line.
|
|
Phase Lines of the Development
|
Allow
relocation of phase line of the development. This shall apply to those ZC or
BCC approved DO that have approved Phase lines.
|
·
Relocation
is allowed if the Phase lines are consistent with the intensity or density of
the approved DO; and
·
Relocation
of the Phase lines shall not exceed the approved Concurrency.
|
|
Freestanding Unmanned Structure
|
Addition
or modification of ATM or Unmanned Retail Structure.
|
Proposed location shall not impede vehicular or pedestrian traffic
circulation.
|
|
Renewable Energy Wind
Facility within the AP Zoning District
|
Relocation
of wind turbines, buildings and structures.
|
Provided
they comply with separation or setback requirements from streets, and residential
uses and districts,
as contained for the use in Art. 4, Use Regulations. (3)
|
|
Change in Housing
Classification for PDD or TDD
|
Refer to Table 3.E.1.E, Housing Classification.
|
·
No height
increase from the original BCC DO; and
·
If there is a
density transfer along with this request, comply with criteria listed below.
|
|
Density Transfer
|
A maximum of 30 percent.
|
·
Units must be
from one Residential Pod to another Residential Pod in the same PDD; and
·
The maximum
number of units transferred to a Residential Pod or TDD Neighborhood shall
not exceed 30 percent above the number of units approved by the BCC for that
pod or TDD Neighborhood.
|
|
Density Decrease
|
Allow reduction in the number of units.
|
·
The reduction
in the number of units shall not negatively impact the layout and design of
the approved plan; and
·
Amendment to
the approved Adequate Public Facilities to indicate a reduction in the number
of units.
|
|
[Ord. 2008-003] [Ord.
2009-040] [Ord. 2011-001] [Ord. 2011-016] [Ord. 2013-021] [Ord. 2014-001]
[Ord. 2014-025] [Ord. 2015-006] [Ord. 2015-008] [Ord. 2016-016] [Ord.
2017-007] [Ord. 2018-002] [Ord. 2018-018] [Ord. 2019-005]
|
|
Notes:
|
|
1.
|
This shall not
apply to accessory structures which are not subject to Concurrency review in
accordance with PPM #ZO-O-049,
Permits Not Subject to Concurrency Review.
|
|
2.
|
Clubhouse located in the Recreation Pod of a PDD
shall be exempt from the relocation thresholds. [Ord. 2016-016]
|
|
3.
|
Applicable to the Project Boundary instead of
the individual property lines.
|
|
4.
|
Except for Freestanding ATMs or Unmanned Retail Structures,
and accessory structures.
|
|
|
|
|
The addition or relocation of guard houses or other minor
structures shall be allowed pursuant to PPM
#ZO-O-049, as amended. [Ord.
2018-002]
See Art.
2.C.5.A.3, Effect of an Issuance of a DO for Administrative Modifications. [Ord. 2018-002]
To create standards and an approval process for certain uses,
which are generally temporary in nature, but require monitoring for compliance
with Code requirements to ensure compatibility with surrounding land uses. A
temporary use may be accommodated in a temporary structure or a permanent
structure that is legally approved. A temporary use shall include, but not
limited to those items listed in Art. 4.B.11,
Temporary Uses. [Ord. 2007-013] [Ord. 2015-006] [Ord. 2018-002]
Any prior approved Special Permits that have expired shall be
considered invalid, and the Applicant shall be required to submit a new
application for a temporary use. Special Permits shall be issued only for Art. 8.H.2, Billboards,
subject to the applicable standards and Code requirements. [Ord. 2018-002]
The Applicant shall request a PAA to meet with Staff prior to
the submittal of a temporary use application to ensure the proposed use
complies with Code requirements, and to determine whether the application is
subject to the review and permit process by other County Agencies. [Ord. 2018-002]
All temporary use requests are subject to the requirements of Art. 2.C.2, Sufficiency
Review. [Ord. 2015-006] [Ord.
2018-002]
The application shall be submitted to the DRO subject to the ZAR
review process. If the request complies with Code requirements and the
Standards listed below, and is not subject to Building Permit Review, the
Applicant shall receive a temporary use DO 15 days prior to the date of the
event. [Ord. 2018-002]
a. Building Permit Process
The Applicant shall submit any required Permit application to
the Building Division a minimum of 30 days prior to the date of the event. Prior
to issuance of the DO approval of the temporary use, any associated Building
Permits shall be secured and all required inspections scheduled with the
Building and Code Enforcement Divisions and Fire Department. [Ord. 2007-013] [Ord. 2009-040] [Ord.
2015-006] [Ord. 2018-002]
6. Standards
When considering a DO request for a temporary use, the DRO shall
utilize the Standards a through b, the DRO shall also consider the limitations
and criteria stated for each temporary use pursuant to Art.
4.B.11.C, Definitions and Supplementary Use Standards for Specific Uses: [Ord. 2018-002] [Ord. 2018-018]
a. Consistency with the Plan
The proposed use is consistent with the purposes, goals,
objectives and policies in the Plan, including standards for building and
structural intensities and densities, and intensities of use. [Ord.
2018-002]
b. Consistency with the Code
The request meets all applicable standards and provisions of
this Code, including but not limited to all applicable portions of Art. 4.B, Use
Classification, and the proposed location, design, layout, access, and
duration of the use will not create potential adverse impacts on surrounding
land uses. [Ord. 2018-002]
The DRO shall have the authority to apply conditions to the temporary
use which ensure compliance with Code requirements, time limitations, and the
Standards listed above. If a temporary use is found in violation of any
condition or Code requirement, the DRO may withhold the Applicant from
requesting the same temporary use for a period of 24 months. [Ord. 2018-002]
In making a determination to withhold an application, the DRO
shall consider the magnitude of the violation of the Conditions of Approval;
which includes but not limited to, whether: [Ord. 2018-002]
1.) it is a
reoccurring violation; [Ord. 2018-002]
2.) the violation
has created an impact on the surrounding properties or uses; and, [Ord.
2018-002]
3.) the Applicant
has demonstrated an effort to correct the violation. [Ord. 2018-002]
A temporary use shall be limited to the dates of approval shown
on the DO. Each temporary use shall be reviewed as a new application and
subject to the most current code requirements, unless otherwise stated herein. [Ord. 2018-002]
Failure to utilize the temporary use DO within one year of the
date of approval, or by the date specified in the DO or in a Condition of
Approval, shall result in the approval becoming null and void. [Ord. 2018-002]
A temporary use DO shall expire if the use or activity is
discontinued for more than 90 days. [Ord.
2018-002]
A temporary use DO may be revoked at any time by the Zoning
Director if it is determined that the recipient is in violation of the Code, a
related standard, or a Condition of Approval. Revocation of a temporary use DO
shall result in the approval becoming null and void. The use or activity
permitted by the DO shall cease immediately and the affected area shall be
returned to its original state before the temporary use DO was issued. [Ord. 2018-002]
To allow minor variation from certain standards of this Code
when special circumstances peculiar to the property exist, and the literal
enforcement of this Code would result in undue and unnecessary hardship; and to
provide the DRO the authority to review, approve, deny, and render conditions to
an administrative variance as necessary to accomplish the goals, objectives and
policies of the Plan and this Code, including, but not limited to, limitations
on size, bulk, location, requirements for landscaping, buffering, lighting, and
provisions of adequate ingress and egress. [Ord. 2018-002]
This Section may not be combined with any other Section that
allows variations from the same PDRs. [Ord. 2015-006] [Ord. 2018-002]
Request that exceeds more than five variances or the following
limitations shall be subject to a Type 2 Variance. Variance requests for
density or intensity beyond the stated limits of the Plan shall be prohibited.
Type 1 Variances may be considered for the following: [Ord. 2006-036] [Ord.
2008-003] [Ord. 2012-003] [Ord.
2018-002]
a. Residential Lots of Three Units
or Less
1) Reductions or
increases of PDRs greater than five percent of the minimum or maximum
requirement. [Ord. 2006-036] [Ord. 2008-003] [Ord. 2012-003] [Ord.
2018-002]
2) Relief from Art. 5.B.1.A,
Accessory Uses and Structures as follows: General; Fences, Walls, and
Hedges; Docks; Entry Features; Fuel, Gas, or Chemical Storage Tanks; Dumpsters;
Neighborhood Recreation Facility; Outdoor Recreation Amenities; Screen
Enclosures; and, Permanent Generators. [Ord. 2008-003] [Ord. 2013-001] [Ord.
2018-002]
3) Relief from Residential
Hedge Height in Art.
7.D.4.A.3, Height Measurement. [Ord.
2015-006] [Ord. 2018-002]
4) Relief from
Excavation Standards in Art. 4.B.10.C.2,
Type 1A Excavation and Art. 4.B.10.C.3,
Type 1B Excavation. [Ord. 2008-003] [Ord. 2017-007] [Ord.
2018-002]
1) Setback
reduction greater than five percent but not exceeding 15 percent of the minimum
requirement. [Ord. 2008-003] [Ord. 2018-002]
2) Reduction in
the number of parking spaces not exceeding 15 percent of the minimum
requirement. [Ord. 2006-036] [Ord. 2008-003] [Ord. 2018-002]
3) Relief from Art. 5.B.1.A.,
Accessory Uses and Structures as follows: General; Fences, Walls, and
Hedges; Outdoor Storage; Outdoor Display; Entry Features; Fuel, Gas, or
Chemical Storage Tanks; Dumpsters; Neighborhood Recreation Facility; Outdoor
Recreation Amenities; Screen Enclosures; and, Permanent Generators. [Ord.
2008-003] [Ord. 2013-001] [Ord. 2018-002]
c. Permanent Generators on SFD and
ZLL Lots
A Variance may be requested to reduce the minimum front and/or
side setback requirements for permanent generators proposed on SFD or ZLL lots,
provided that the generator complies with all other applicable ULDC
requirements. [Ord. 2007-001] [Ord. 2018-002]
When considering a Type 1 Variance request, the DRO shall
consider Standards a through g, indicated below. A Type 1 Variance which fails
to meet any of these Standards shall be deemed adverse to the public interest,
and shall not be approved. [Ord.
2018-002]
a. Special
conditions and circumstances exist that are peculiar to the parcel of land,
building, or structure, that are not applicable to other parcels of land,
structures, or buildings in the same district; [Ord. 2006-036] [Ord.
2018-002]
b. Special
conditions and circumstances do not result from the actions of the Applicant; [Ord.
2006-036] [Ord. 2018-002]
c. Granting the
variance shall not confer upon the Applicant any special privilege denied by
the Plan and this Code to other parcels of land, structures, or buildings in
the same district; [Ord. 2006-036] [Ord. 2018-002]
d. Literal
interpretation and enforcement of the terms and provisions of this Code would
deprive the Applicant of rights commonly enjoyed by other parcels of land in
the same district, and would work an unnecessary and undue hardship; [Ord.
2006-036] [Ord. 2018-002]
e. Granting the
variance is the minimum variance that will make possible a reasonable use of
the parcel of land, building, or structure; [Ord. 2006-036] [Ord.
2018-002]
f. Granting the
variance will be consistent with the purposes, goals, objectives and policies
of the Plan and this Code; and, [Ord. 2006-036] [Ord. 2018-002]
g. Granting the
variance will not be injurious to the area involved or otherwise detrimental to
the public welfare. [Ord. 2006-036] [Ord. 2018-002]
The DRO or the PBC Official
responsible for reviewing the application shall prepare a report for the
application. The DRO shall incorporate the analysis and Conditions of Approval
of the Agencies who are responsible for reviewing the application, and a
recommendation of approval, approval with conditions, or denial based on the applicable
Standards. The report shall be made available to the public at least five days
prior to the hearing date. [Ord. 2018-018]
The DRO may impose Conditions of Approval in a Type 1 Variance
DO, as necessary to accomplish the goals, objectives and policies of the Plan
and this Code, including, but not limited to, limitations on size, bulk,
location, requirements for landscaping, buffering, lighting, and provisions of
adequate ingress and egress. Any violation of the variance or condition shall
be a violation of this Code. [Ord.
2018-002]
Unless otherwise specified in the DO or a Condition of Approval,
failure to utilize Type 1 Variance within one year of issuance, or by date
specified in a Condition of Approval, shall result in the variance becoming
null and void. If more than one variance was granted in the application, the
use of one variance shall vest all other variances. Permitted time frames do
not change with successive owners. Applications for extensions shall be submitted
a minimum of 30 days prior to expiration. [Ord. 2008-003] [Ord. 2018-002]
Approval of a Type 1 Variance shall render a parcel of land,
building, or structure to be conforming. Use of the variance shall be limited to
the exact dimensions and configuration of the parcel of land, building, or
structure as indicated on the Site Plan as submitted in the application. The
parcel of land, building, or structure may not be further expanded, except in
accordance with the standards of the Code. [Ord. 2006-036] [Ord. 2018-002]
To establish procedures and evaluation standards for a Type 1
Waiver. A Type 1 Waiver is to allow flexibility and minor adjustments to the
property development regulations, site design, preservation, or incorporation
of existing native vegetation; or for an improved site design where alternative
solutions can be permitted subject to the criteria. Waivers are not intended to
relieve specific financial hardship nor circumvent the intent of this Code. A
Waiver may not be granted if it conflicts with other Sections of this Code, or
the Florida Building Code. [Ord. 2011-016] [Ord. 2016-042] [Ord. 2018-002]
Requests for Type 1 Waivers shall only be permitted where expressly
stated within the ULDC: [Ord. 2011-016] [Ord. 2012-027] [Ord. 2018-002]
|
Table 2.C.5.E – Summary of Type 1 Waivers
|
|
Requests
|
|
|
Glades Area Overlay
(GAO)
|
Table 3.B.4.F,
Type 1 Waivers for Industrial Pods
|
|
NEO, Native Ecosystem
Overlay
|
Art. 3.B.7.D,
Property Development Regulations (PDRs)
|
|
Northlake Boulevard
Overlay Zone (NBOZ) Design Guidelines
|
Table
3.B.8.E, Type 1 Waivers for NBOZ Design Guidelines
|
|
Infill Redevelopment
Overlay (IRO)
|
Table 3.B.15.G,
Type 1 Waivers
|
|
Urban Redevelopment
Overlay (URAO)
|
Table 3.B.16.G,
Type 1 and 2 URAO Waivers
|
|
Structural Setback –
Reduction not to exceed five percent less than the minimum requirement (1)
|
Table.
3.D.1.A, Property Development Regulations (PDRs)
|
|
Required Parking in
Type 1 Restaurant with Drive-Through
|
Art.
4.B.2.C.33.f.3)a)(2), Location Criteria – Exceptions, Design Criteria
|
|
Commercial Greenhouse
Loading
|
Art.
4.B.6.C.17.c.4)b), Loading
|
|
Solid Waste Transfer
Station
|
Art.
4.B.7.C.10.d, Buffer
|
|
Green Architecture
|
Art. 5.C.1.E.3,
Type 1 Waiver – Green Architecture
|
|
Parking for Community
Vegetable Garden
|
Table 6.B.1.B,
Minimum Parking and Loading Requirements, Note 10
|
|
Parking Spaces
|
Art. 6.C.1.A, Type 1
Waiver
|
|
Loading Spaces
|
Art.
6.E.2.B.3, Type 1 Waiver – Reduction of Minimum Number of Required Loading
Spaces
|
|
Loading Space Width or Length
|
Art.
6.E.4.A.1.d, Type 1 Waiver – Reduction of Loading Space Width or Length
|
|
Landscaping
|
Table 7.B.4.A,
Type 1 Waivers for Landscaping
|
|
Billboard Location
|
Art. 8.H.2.D.4.,
Replacement
|
|
PUD Informational Signs
|
Art.
8.G.3.B.5.b, Standards for Type 3 Electronic Message Signs
|
|
[Ord. 2012-027] [Ord.
2014-025] [Ord. 2015-031] [Ord. 2016-016] [Ord. 2016-042] [Ord. 2018-002]
[Ord. 2019-005] [Ord. 2020-001]
|
|
Notes:
|
|
1.
|
This Waiver shall only be utilized for detached
housing types on individual lots, and shall not be utilized for multiple lots
under one application, i.e. “blanket” application.
|
|
|
|
When considering a DO application for a Type 1 Waiver, the DRO
shall consider the following Standards in addition to any other Standards
applicable to the specific Waiver as contained in this Code. For a Waiver
application that requires the submittal of an ALP, the Applicant shall comply
with additional standards pursuant to Art. 7.B.4, Type 1
Waiver for Landscaping. [Ord. 2010-022] [Ord. 2011-016] [Ord. 2012-027]
[Ord. 2016-042] [Ord. 2018-002]
a. The Waiver does
not create additional conflicts with other requirements of the ULDC, and is
consistent with the stated purpose and intent for the zoning district or overlay;
[Ord. 2010-022] [Ord. 2011-016] [Ord.
2012-027] [Ord. 2018-002]
b. The Waiver will
not cause a detrimental effect on the overall design and development standards
of the project, and will be in harmony with the general site layout and design
details of the development; and, [Ord.
2010-022] [Ord. 2012-027] [Ord. 2018-002]
c. The alternative
design option recommended as part of the Waiver approval, if granted, will not
adversely impact adjacent properties. [Ord.
2010-022] [Ord. 2012-027] [Ord. 2018-002]
The DRO may impose Conditions of Approval in a Type 1 Waiver DO,
as necessary, to accomplish the goals, objectives and policies of the Plan and
this Code, including, but not limited to, limitations on size, bulk, location,
requirements for landscaping, buffering, lighting, and provisions of adequate
ingress and egress. Any violation of the Waiver or Condition shall be a
violation of this Code. [Ord.
2018-002]
The purpose of this Section is to establish procedures for
processing requests for reasonable accommodation from the County’s Unified Land
Development Code and related rules, policies, practices, and procedures, for
persons with disabilities as provided by the Federal Fair Housing Amendments
Act (42
U.S.C. 3601 et seq.) (FHA), or Title II of the Americans with Disabilities
Act (42
U.S.C. 12131 et seq.) (ADA). Any person who is disabled, or qualifying
entities, may request a reasonable accommodation, pursuant to the procedures
set out in this Section. [Ord. 2011-016] [Ord. 2018-002]
An Applicant shall be required to apply for all applicable Development
Review processes available in the ULDC prior to filing a request for reasonable
accommodation, unless compliance with available Development Review processes
would deprive the Applicant, or persons with disabilities served by the
Applicant, of an equal opportunity to use and enjoy housing. [Ord. 2015-006]
[Ord. 2018-002]
The County shall endeavor to provide notice to the public,
advising that disabled individuals or qualifying entities may request a
reasonable accommodation. [Ord. 2011-016] [Ord. 2018-002]
The application forms and requirements for submitting a request
for reasonable accommodation shall be on forms specified by the County
Administrator or designee. [Ord. 2011-016] [Ord. 2018-002]
a. Application Contents
The following considerations shall be applicable for any
application information or documentation required: [Ord. 2011-016] [Ord. 2018-002]
1) Confidential
Information
Upon submittal of any medical information or records, including
but not limited to condition, diagnosis, or history related to a disabled
individual, an Applicant may request that the County, to the extent allowed by
law, treat the information or records as confidential. The County shall
thereafter endeavor to provide notice to the disabled individual, or their
representative, of any request received by the County for disclosure of the
medical information or documentation previously requested to be treated as
confidential. The County will cooperate with the disabled individual, to the
extent allowed by law, in actions initiated by such individual to oppose the
disclosure of such medical information or documentation, but the County shall
have no obligation to initiate, prosecute, or pursue any such action, or to
incur any legal or other expenses, whether by retention of outside counselor,
or allocation of internal resources in connection therewith, and may comply
with any judicial order without prior notice to the disabled individual. [Ord. 2011-016] [Ord. 2018-002]
2) Address of
Applicant
Address of the Applicant is requested, unless governed by 42
U.S.C. 290dd, in which case the address shall not be required, but the Applicant
may be requested to provide documentation to substantiate a claim verifying
applicability. [Ord. 2011-016] [Ord.
2015-006] [Ord. 2018-002]
3) Address of
Housing
Address of housing or other location at which accommodation is
requested unless governed by 42
U.S.C. 290dd, in which case address shall not be required, but the Applicant
may be requested to provide documentation to substantiate a claim verifying
applicability. [Ord. 2011-016] [Ord.
2018-002]
b. Sufficiency Determination
The County Administrator or designee shall determine whether the
application is sufficient or insufficient within ten days of submittal by
reviewing the information required in the application. If Staff determines the
application is not sufficient, a written notice shall be sent to the Applicant
specifying the deficiencies within the ten-day determination timeframe set
forth herein. [Ord. 2015-006] [Ord.
2018-002]
c. Fee
There shall be no fee imposed by the County for a request for reasonable
accommodation under this Section or an appeal of a determination on such
request, and the County shall have no obligation to pay an Applicant's, or an
appealing party as applicable, attorneys’ fees or costs in connection with the
request, or an appeal. [Ord. 2011-016]
[Ord. 2015-006] [Ord. 2018-002]
d. County Assistance
The County shall provide such assistance and accommodation as is
required pursuant to FHA and ADA in connection with a disabled person's request
for reasonable accommodation, including assistance with reading application
questions, and responding to questions related to completing application or
appeal forms, among others, to ensure the process is accessible. [Ord. 2011-016] [Ord. 2018-002]
e. Findings for Reasonable
Accommodation
In determining whether the reasonable accommodation request
shall be granted or denied, the Applicant shall be required to establish that
they are protected under the FHA or ADA by demonstrating that they are
handicapped or disabled, as defined in the FHA or ADA. Although the definition
of disability is subject to judicial interpretation, for purposes of this Ordinance
the disabled individual must show: [Ord.
2011-016] [Ord. 2015-006] [Ord. 2018-002]
1) a physical or
mental impairment which substantially limits one or more major life activities;
[Ord. 2011-016] [Ord. 2018-002]
2) a record of
having such impairment; or, [Ord. 2011-016]
[Ord. 2018-002]
3) that they are
regarded as having such impairment. [Ord.
2011-016] [Ord. 2018-002]
The Applicant shall demonstrate that the proposed accommodations
being sought are reasonable and necessary to afford disabled persons equal opportunity
to use and enjoy housing. The foregoing, as interpreted by the Courts, shall be
the basis for a decision upon a reasonable accommodation request made by the
appropriate PBC Official. [Ord.
2011-016] [Ord. 2015-006] [Ord. 2018-002]
f. Authority
The determination of which appropriate PBC Official has the
authority to consider and act on requests, or appeals of a decision for
reasonable accommodation, shall be consistent with Art. 1.B.1.A, Authority.
[Ord. 2011-016] [Ord. 2018-002]
g. Action by Appropriate PBC
Official
A written response shall be issued within 45 days of the date of
sufficiency advising the Applicant of the PBC Official's action. [Ord. 2011-016] [Ord. 2015-006] [Ord.
2018-002]
1) Request for
Additional Information Timeframes
If additional information is required to make a final decision,
the following shall apply: [Ord.
2011-016] [Ord. 2015-006] [Ord. 2018-002]
a) Within 45 days
of Sufficiency determination, a written notice requesting additional
information may be requested, specifying what information is required. [Ord.
2011-016] [Ord. 2015-006] [Ord.
2018-002]
b) The Applicant
shall have 15 days from the date of the written notice to respond to the
request for additional information not to exceed 60 days from the date of the Sufficiency
determination. [Ord. 2011-016] [Ord. 2015-006] [Ord. 2018-002]
(1) If the additional
information provided by the Applicant satisfies Staffs’ request, a written
determination shall be issued within 30 days. [Ord. 2011-016] [Ord. 2015-006] [Ord. 2018-002]
(2) If the Applicant
fails to provide the requested additional information within the 15-day period,
a letter shall be issued to the Applicant advising the Applicant that the
application is considered withdrawn. [Ord.
2011-016] [Ord. 2015-006] [Ord. 2018-002]
2) Determination
In accordance with Federal law, the appropriate PBC Official,
shall: [Ord. 2011-016] [Ord.
2018-002]
a) grant the
accommodation request; [Ord. 2011-016] [Ord. 2018-002]
b) grant a portion
of the request and deny a portion of the request; [Ord. 2011-016] [Ord.
2018-002]
c) impose
conditions upon the grant of the request; or, [Ord. 2011-016]
d) deny the
request. Any such denial shall be in writing and shall state the grounds
therefore. [Ord. 2011-016] [Ord.
2018-002]
3) Notice of
Proposed Decision
All written determinations shall give notice of the right to
appeal. The notice of determination shall be sent to the requesting party (i.e.
the disabled individual or his/her representative) by certified mail, return
receipt requested. [Ord. 2011-016] [Ord.
2018-002]
h. Appeal
Within 30 days after the appropriate PBC Official has rendered a
decision on a reasonable accommodation, the Applicant may appeal the decision. This
timeframe shall be based upon the date of the letter mailed to the requesting
party. All appeals shall contain a statement containing sufficient detail of
the grounds for the appeal. Appeals shall be to a Hearing Officer as set forth
in this Code. The Hearing Officer shall, after duly noticing the Applicant of
the public hearing for appeal, render a determination as soon as reasonably
practicable, but in no event later than 60 days after an appeal has been filed.
Such hearing shall be de novo. A Hearing Officer’s decision may be appealed to
the 15th Judicial Circuit Court by Petition for Writ of Certiorari. [Ord. 2011-016] [Ord. 2018-002]
i. Stay of Enforcement
While an application for reasonable accommodation, or appeal of
a determination of same, is pending before the County, the County will not
enforce the subject ULDC requirement, or related rules, policies, practices or
procedures, against the Applicant. [Ord.
2011-016] [Ord. 2018-002]
j. Time Limitation
A determination granting, partially granting, or granting with
conditions, a reasonable accommodation, may remain valid either for one year
from the date of issuance, or by the date specified in a Development Order or
associated Condition of Approval, otherwise it shall become null and void. This
provision shall retroactively apply to all prior determinations for a reasonable
accommodation prior to the effective date of this Ordinance. [Ord. 2017-002] [Ord. 2018-002]
k. Change of Owner/Operator
When a facility that has received a Reasonable Accommodation Approval
changes ownership, the new owner/operator must apply for new reasonable accommodation.
The County will review the request and make a new case-by-case determination
based on an individualized assessment. [Ord.
2019-034]
An Administrative DO granted under a prior Ordinance, may be
abandoned according to the procedures in this Chapter. DOs, that are partially
or fully implemented, or have not been implemented may be abandoned subject to
the requirements of this Section. [Ord.
2018-002] [Ord. 2019-034]
2. Authority
The same Authority that granted the original DO shall render a
decision on a request for abandonment. [Ord. 2019-034]
3. Applicability
This Section shall apply to all DOs for uses approved by the
DRO, or similar DOs granted by the DRO, and requested by the Applicant. DOs
reviewed pursuant to Art. 2.E, Monitoring
of Development Orders (DOs) and Conditions of Approval for time
requirements identified in Art. 2.E.2.C, Time
Limitations for Commencement, or failure to comply with Conditions of a DO
shall be reviewed under the requirements of Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord.
2019-034]
An application for an abandonment may be submitted as follows: [Ord.
2019-034]
a. Concurrent Abandonment
A Concurrent Abandonment may be submitted with a separate
application requesting a new DO as follows: [Ord. 2019-034]
1) Abandon
previous DO approved by the DRO, for the entire DO and submit concurrently with
a new DO through an Administrative Approval process; or [Ord. 2019-034]
2) Abandon
previous DO approved by the DRO, for the entire DO and submit concurrently with
a new DO through a Building Permit approval process. [Ord. 2019-034]
b. Standalone Abandonment
Reviewed for abandonment with no proposed use. Any future use
would be subject to the requirements of the Code at time of approval. [Ord. 2019-034]
When considering an ABN application, the DRO shall utilize the Standards
indicated below. A request for an ABN which fails to meet any of these Standards
shall be deemed adverse to the public and shall not be approved. An application
for a DO abandonment to a temporary use shall demonstrate compliance with only Art. 2.C.5.G.5.d,
Changed Conditions or Circumstances. [Ord. 2019-034]
The proposed abandonment is consistent with the Plan. [Ord. 2019-034]
b. Consistency with the Code
The proposed abandonment, is not in conflict with any portion of
this Code, and is consistent with the stated purpose and intent of this Code.
The abandonment of a DO does not create any new nonconformities. [Ord. 2019-034]
c. Adequate Public Facilities
The proposed abandonment of the DO shall not impact the approved
requirements of Art.
2.F, Concurrency (Adequate Public Facility Standards).
When a non-implemented DO is abandoned, all concurrency affiliated with the DO
is no longer valid. For implemented DOs, concurrency for the remainder of the
non-affected area shall remain. Concurrency for any new uses on the subject
property shall be subject to the requirements of Art.
2.F, Concurrency (Adequate Public Facility Standards). [Ord. 2019-034]
There are demonstrated changed site conditions or circumstances
provided by the Applicant’s Justification Statement that necessitate the
abandonment. Abandonment of the resolution approving the DO will not impact
other DOs approved on the same site. There is no reliance by other parties for
additional performances, or tasks to be implemented, that were required in the
original DO. [Ord. 2019-034]
The DRO shall have the authority to impose Conditions of
Approval for administrative DOs. Conditions of approval may be imposed to: [Ord.
2009-040] [Ord. 2018-002]
a. Ensure
compliance with Code requirements; [Ord.
2009-040]
b. Ensure
compatibility of the proposed development or use with surrounding land uses,
address the location of uses on the site to minimize potential adverse off-site
impacts, and ensure on-site safety; [Ord.
2009-040]
c. Require the
execution of a unity of title, unity of control, shared parking and other legal
documentation necessary to satisfy requirements of this Code; [Ord. 2009-040]
d. Require road
construction necessary to mitigate project impacts including but not limited to
drainage, turn lanes, sidewalks, and signalization; [Ord. 2009-040]
e. Reduce negative
impacts from agricultural uses in the urban services area on surrounding properties
including but not limited to: controlling objectionable odors, fencing, sound
limitations; inspections, reporting or monitoring preservation areas,
mitigation, and/or limits of operation; and, [Ord. 2009-040]
f. Allow specific
requirements of the Code to be waived, provided the proposed development meets
the specific requirements for a Type 1 Waiver. [Ord. 2009-040] [Ord. 2012-027]
a. Conditions imposed by the DRO shall be
reasonable, not be contrary to law, limited to on-site improvements, except for
off-site road improvements or conveyances specifically attributable to the
project's impact.
b. Conditions shall not amend BCC or, ZC imposed
conditions or affect previously approved conditions. [Ord. 2018-002]
c. For modifications or additions to previously
approved DOs, conditions shall only be imposed to address the specific impacts
of the new use or development. [Ord.
2018-002]
d. Conditions shall not restrict land uses
otherwise permitted by the Code, unless necessary for parking or concurrency
purposes, or require payment of any fees not otherwise required.
Confirmation of information regarding a particular parcel of
land, or interpretation of how the Code applies to a given parcel, may be
obtained through a Formal ZCL, Site Specific, or Non-Site Specific, or through
an Informal ZCL from the DRO pursuant to the procedures in this Section. The
scope of the Formal or Informal ZCL shall be limited to those matters under the
authority of the Executive Director of PZB pursuant to Art. 1.B.1.A, Authority. [Ord. 2018-002]
The request for a ZCL by an Applicant may be in form of an
Informal ZCL, a Non-Site Specific Formal ZCL or a Formal ZCL. [Ord. 2018-002]
a. Informal ZCL
Any individual may request standard land use and zoning
information that exists as a matter of record pertinent to a parcel of land.
The response from the Zoning Division shall provide a summary of the requested
information, including but not limited to FLU designation, zoning district, any
prior approvals, and whether the property conforms to applicable Code
requirements. The informal ZCL request may include plans or other relevant
documents pertinent to the parcel of land. The Informal ZCL is not considered a
final action of the Zoning Division and therefore, is not subject to appeal. [Ord.
2018-002]
b. Non-Site Specific ZCL
Any individual may request a Non-Site Specific ZCL to determine
how the Code may apply in a particular zoning district, overlay, or other
zoning designation. The Non-Site Specific ZCL may contain the same information
contained in the Informal ZCL, but may also include a request for clarification
or interpretation of Code requirements, prior approvals, or other similar
matters. The Non-Site Specific ZCL is not considered a final action of the
Zoning Division and therefore, is not subject to appeal. [Ord. 2018-002]
c. Formal ZCL
An owner of a parcel of land, any person with a contractual
interest in a parcel of land, or any person submitting a DO application for a
parcel of land, may request a Formal ZCL to determine how the Code applies to
that parcel of land based on an existing DO or a specific plan to seek a DO for
a particular use. The Formal ZCL may contain the same information contained in
the Informal ZCL, but may also include a request for clarification or
interpretation of Code requirements, existing Conditions of Approval, prior
approvals or other matters pertinent to the parcel of land. A request for a Formal
ZCL is subject to a mandatory PAA. A Formal ZCL is subject to appeal pursuant
to Art. 2.A.14., Appeal.
[Ord.
2018-002]
Applicants requesting an Informal or a Formal ZCL shall submit
same to the DRO subject to the ZAR process. All applications are subject to
sufficiency review pursuant to Art. 2.C.2., Sufficiency
Review. The BCC may establish an administrative fee by Resolution for
processing both Informal and Formal ZCLs. [Ord. 2018-002]
a. Informal ZCL Response
Within 30 days after the date of which the request is deemed
sufficient for review, the DRO shall provide a response to the Applicant. [Ord.
2018-002]
b. Formal ZCL and Non-Site Specific
ZCL Response
Within 60 days after the date of which the request is deemed
sufficient for review, the DRO shall provide a response or render an
interpretation to the Applicant. A response by the DRO may be extended, based
on the complexity of the request(s). During the review, the Applicant may be
required to submit additional information to assist the DRO in preparing the
response. Resubmittal of information to the DRO will restart the response
period. [Ord. 2018-002]
To establish procedures for PBC Officials when submitting inquiries
to the BCC asking for direction on procedural matters or to resolve an
inconsistency in a Development Order. [Ord. 2011-016] [Ord. 2018-002]
An inquiry is not a public hearing, but is subject to the notice
requirements of Table
2.B.5.A, Notification Applicability. The decision of the BCC shall be
final. [Ord. 2011-016] [Ord.
2018-002]
An AI may be made by a public agency through the Zoning Director
using forms and procedures established by the Zoning Division. The AI shall be
placed on the BCC agenda by the Zoning Division for the date the inquiry is
intended to be presented. Courtesy Notice pursuant to Art. 2.B.5, Notifications,
is required for an AI applicable to a parcel for a specific inquiry or to provide development status not
monitored by the provisions in Art. 2.E,
Monitoring of Development Orders (DOs) and Conditions of Approval. [Ord.
2011-016] [Ord. 2017-002] [Ord.
2018-002]
The PIA is a discretionary process based on BCC authority to
initiate, hear, consider, approve, or deny amendments to the ULDC. The BCC or
responsible PBC Official, as specified in Art. 1.B.1.A, Authority,
initiate ULDC amendments, which typically includes input or requests from other
governmental entities, industry, or the public. [Ord. 2018-002]
The PIA is established to provide for a transparent
application process to allow non-government entities to make a formal request
to the BCC to initiate amendments to the ULDC, in scenarios where the
responsible PBC Official does not support initiating the amendment, or
recommends Staff address the request in a future scheduled ULDC Amendment
Round. [Ord. 2018-002] [Ord. 2020-001]
The PIA process is comprised of two phases, the first of
which serves to minimize both Applicant and Staff resources, by allowing for an
abbreviated application for initial Staff and LDRAB review, and presentation to
the BCC to confirm or deny a request to initiate the amendment process. If
initiated, the second phase requires additional specificity and supporting
information from the Applicant, coordination with Staff and any interested
parties to refine and calibrate the amendment, but otherwise follows the
standard procedure for the processing of ULDC amendments. The BCC may request a
Subcommittee be established by the LDRAB to provide expertise and additional
time to review and consider the final language before presenting it for a final
decision to the BCC [Ord. 2018-002] [Ord. 2020-001]
Under no circumstance will a PIA be processed that is in
violation of State, Federal, or other applicable local government laws, or
where inconsistent with the Comprehensive Plan, except where submitted with a
concurrent amendment to the Plan. [Ord. 2018-002]
Acceptance of a PIA application to amend the ULDC shall be
at the discretion of the responsible PBC Official as specified in Art. 1.B.1.A, Authority,
in consultation with the Zoning Director. Any private application to amend the
Comprehensive Plan that will require a concurrent or subsequent amendment to
the ULDC, shall comply with the following: [Ord. 2018-002]
A. The Applicant shall include documentation confirming that the
responsible PBC Official and the Zoning Director have been consulted prior to Submittal
of an amendment to the Comprehensive Plan; and [Ord. 2018-002] [Ord. 2020-001]
B. Submittal of a concurrent PIA application to amend the ULDC,
unless the responsible PBC Official specifies an alternative submittal
deadline. The responsible PBC Official, in consultation with the Zoning
Director, shall have the discretion to waive the Phase 1 PIA requirement,
provided that this is specified in the initiation requests to the Planning
Commission and BCC. [Ord. 2018-002]
Evaluation of a PIA shall include consideration of the
following standards: [Ord. 2018-002]
A. Extent to which any other alternatives to a Code amendment have
been evaluated, a summary of any recommendations or direction provided by the
BCC, County Staff in prior meetings, and where applicable, why the amendment is
being requested in lieu of such alternatives. [Ord. 2018-002]
B. Does not violate State, Federal, or other local government laws; [Ord.
2018-002]
C. Will be consistent with the Comprehensive Plan, or will otherwise
be submitted pursuant to or concurrent with an application to amend the Plan; [Ord.
2018-002]
D. Will not be in conflict with any other ULDC provisions or
amendment will also address the other inconsistencies; [Ord. 2018-002]
E. The request has been demonstrated to be a new industry trend not
anticipated by the Comprehensive Plan or ULDC; and, [Ord. 2018-002]
F. Identification of examples of similar land development regulations
adopted in other jurisdictions under the same circumstances, such as similar
FLU designation or zoning districts, compatibility, buffering, roadway frontage,
and other similar site considerations. [Ord. 2018-002]
A PAA is mandatory for any request for a PIA, or for any
proposed Plan amendment that will require an amendment to the ULDC. [Ord. 2018-002]
The purpose of the PAA is to confirm that a potential Applicant
has coordinated with Staff to evaluate or exhaust all other potential options
and has performed sufficient due diligence to ascertain the viability of the
request. [Ord. 2018-002]
The Applicant shall provide a Justification Statement and any
necessary supporting documentation outlining the rationale for the proposed
amendment, to include a preliminary evaluation of the Standards cited above. [Ord. 2018-002]
The applicable responsible PBC Official shall provide a written
response within seven working days affirming if a PIA will be supported, not
supported, or if additional follow up is required by the Applicant. Other
options may be applicable, including where the Applicant and responsible PBC
Official may agree to a Staff-initiated amendment based on currently two Rounds
of Amendments each year or a standalone Ordinance based on BCC direction when
the amendment is requested to be expedited. [Ord. 2018-002] [Ord. 2020-001]
As the PIA is a discretionary process, acceptance of an
application is typically determined through a higher level of collaboration
between the Applicant and applicable PBC Official, or designee. Upon completion
of the mandatory PAA and affirmation by the responsible PBC Official that the PIA
may be processed, the application shall be submitted in accordance with the
following Application Procedures. [Ord. 2018-002] [Ord. 2020-001]
The PIA is comprised of two phases as outlined under Purpose and
Intent above. [Ord. 2018-002]
The Phase 1 PIA allows an Applicant to submit a preliminary
request for Staff evaluation and recommendation, presentation to the LDRAB for
recommendation, and final presentation to the BCC to deny the request, or
direct the responsible PBC Official to accept a request for a Phase 2 PIA, or
other direction including scheduling, limitations, or other similar. [Ord. 2018-002]
The Phase 2 PIA requires the Applicant to coordinate with Staff
and any interested parties, and requires a more detailed analysis with
supporting documentation to substantiate the request. Once the review and
analysis of the proposed amendment is completed, it shall be scheduled for
presentation to the LDRAB and LDRC for a final recommendation and determination
of consistency with the Comprehensive Plan. The request will be scheduled for a
BCC Hearing for a presentation and Request for Permission to Advertise. Pursuant
to approval of the request to advertise, one or more duly noticed Public
Hearings are required, in accordance with F.S.
§ 125.66. [Ord. 2018-002] [Ord.
2020-001]
Applications shall be in a form established by the responsible
PBC Official, in consultation with the Zoning Director. [Ord. 2018-002] [Ord. 2020-001]
The Applicant shall be notified whether or not the application
is sufficient or insufficient no more than 30 calendar days from the date of
receipt of a Phase 1 PIA application. Sufficiency review is not required for
Phase 2. [Ord. 2018-002] [Ord. 2020-001]
If the application is determined to be sufficient by the
applicable PBC Official, it shall be reviewed and evaluated pursuant to the
procedures and standards of this Chapter. [Ord. 2018-002]
If an application is determined to be insufficient, Staff shall
provide written notification to the Applicant summarizing the deficiencies. [Ord. 2018-002] [Ord. 2020-001]
a. No further
action may be taken on the application until the deficiencies are remedied. [Ord.
2018-002] [Ord. 2020-001]
b. The Applicant
shall address all insufficiencies and resubmit the application to the Zoning
Division within 30-calendar days after the application was determined to be
insufficient. [Ord. 2018-002] [Ord. 2020-001]
c. If the
application is amended and determined to be sufficient, the application may be
processed for review. [Ord. 2018-002] [Ord. 2020-001]
d. If the deficiencies are not remedied in the revised Submittal, or
fails to submit revised documents within 30-calendar days, a second written
notification shall be sent to the Applicant. The letter shall indicate that the
application is considered withdrawn unless a written request for a time
extension has been submitted and approved by the Zoning Director pursuant to Art. 2.D.5.C.3, Time Extension. [Ord. 2020-001]
The Applicant may
submit a written request for an extension of time to the Zoning Director if an
additional 30-calendar days is needed to address unresolved issues. Such
request shall be submitted to the Zoning Director no later than five days after
the issuance of the second written notification. [Ord. 2020-001]
If the Applicant fails
to address the insufficiencies or request and receives a time extension, it
shall result in an Administrative withdrawal of the application. [Ord.
2020-001]
D. Review and Resubmittal, Phase 1 and Phase 2
Staff review shall be based on the application deemed sufficient
and the subsequent resubmittals. Staff shall prepare a list of issues and
comments and make it available to the Applicant. The Applicant shall provide
written responses and revised documents, if applicable, addressing the
outstanding issues and comments. The Applicant shall demonstrate that the
application has met the Standards cited in Art. 2.D.3, Standards.
When all of the issues and comments have been addressed, the PIA may be
scheduled for the LDRAB or LDRC Hearing, as applicable. [Ord. 2018-002] [Ord. 2020-001]
The responsible PBC Official reviewing the application shall
prepare a report for both Phase 1 and 2 PIA applications, which incorporates an
analysis of the Standards cited above, confirmation of consistency with the
Plan, and evaluation of any other issues identified through the amendment
process, and make a recommendation of approval, denial, or an alternative amendment.
In the case of a Phase 1 PIA, the recommendation for approval may be limited to
indicating that the request merits consideration. The report shall be made
available to the public at least five days prior to the hearing date. [Ord. 2018-002]
Applications shall not be modified after completion of Staff
review, unless requested or agreed to by the responsible PBC Official, the
latter of which may be subject to postponement of any scheduled meetings or
Hearings. Modifications after presentation to the LDRAB/LDRC may not be
permitted where substantially different from what the LDRAB reviewed, or where
such may alter the original LDRC consistency determination. [Ord. 2018-002] [Ord. 2020-001]
Once Staff has completed the review of the application, it shall
be scheduled for the appropriate public hearings established on the Annual
Zoning Calendar, or such time as mutually agreed upon between the Applicant and
the PBC Official, in consultation with the Zoning Director. [Ord. 2018-002]
[Ord. 2020-001]
A Phase 1 PIA shall be scheduled for presentation to the LDRAB
to obtain a preliminary recommendation, and to the BCC at a Public Hearing for
direction on initiating the amendment. [Ord. 2018-002]
A Phase 2 PIA shall be scheduled for presentation to the LDRAB
to obtain a recommendation, the LDRC for a consistency determination with the
Plan, and the BCC for Request for Permission to Advertise, and one or more
Public Hearings, in accordance with F.S.
§ 125.66. [Ord. 2018-002]
a. Scheduling Options
Applicants are encouraged to process a PIA within the timeframes
for Amendment Rounds established annually by the Zoning Division. Applicants
may opt to request that a PIA be scheduled for the first available LDRAB, LDRC,
or BCC Zoning Hearings, but this may result in additional fees to cover
required notifications. [Ord. 2018-002]
Public notification is required for LDRC meetings and BCC Public
Hearings, excluding Requests for Permission to Advertise for Public Hearings. [Ord. 2018-002]
Notice shall be posted in a newspaper of general circulation in
PBC, as follows: [Ord. 2018-002]
In accordance with PBC PPM #CW-L-038. [Ord. 2018-002]
In accordance with F.S.
§ 125.66. [Ord. 2018-002]
All applications postponed for three or more consecutive LDRC
meetings or Public Hearings, shall require that the newspaper notification be
republished. [Ord. 2018-002]
The LDRAB is the designated advisory board for the majority of the
ULDC; however, there may be other entities tasked with reviewing specific ULDC
provisions. All ULDC amendments are subject to LDRC review. [Ord. 2018-002]
The advisory board shall consider the application, staff report,
relevant support materials, and public testimony given at the meeting. [Ord. 2018-002]
In concluding that portion of the meeting designated on the
agenda for a PIA, the advisory board shall recommend to the BCC that the
application be approved, approved with modifications, or denied, based on the standards
for a PIA, unless the Applicant and responsible PBC Official agrees to a
continuance or postponement. [Ord.
2018-002]
A Phase 2 PIA shall be presented to the LDRC, which shall make a
determination of consistency with the Plan. [Ord. 2018-002]
After review and recommendation by the LDRAB, including LDRC
consistency determination for a Phase 2 PIA, the application shall be
considered at the next available regularly scheduled Public Hearing by the BCC,
or such time as is mutually agreed upon between the Applicant and responsible
PBC Official. [Ord. 2018-002]
At the public hearing(s), the BCC shall consider the
application, staff report, relevant support materials, the recommendation of
the LDRAB, the testimony given, and the evidence introduced into the record at
the public hearing(s). [Ord.
2018-002]
The BCC shall have the discretion to postpone or continue any
PIA application at any time, or remand the application back to the LDRAB. [Ord. 2018-002]
At the conclusion of the hearing, the BCC may elect to initiate
the amendment, initiate with additional modifications or stipulations, or deny
the request. [Ord. 2018-002]
A Phase 2 PIA shall require a Public Hearing to Request for
Permission to Advertise required Public Hearings, and one or more Public
Hearings in compliance with F.S.
§ 125.66. At the conclusion of the final Public Hearing, the BCC may
approve, approve with modifications, or deny the PIA application. [Ord. 2018-002] [Ord. 2020-001]
Shall be in accordance with Art. 2.B.6.D, Conduct of Hearings. [Ord. 2018-002]
The PIA process is discretionary and not subject to appeals. [Ord.
2018-002]
CHAPTER
E MONITORING OF DEVELOPMENT ORDERS (DOs) AND
CONDITIONS OF APPROVAL
The purpose of this Chapter is to establish procedures to ensure
compliance with Development Orders (DOs) and Conditions of Approval in a timely
manner, through a mandatory review process. The procedures create a system that
ensures compliance with Conditions of Approval, timely commencement and
completion of development, and revocation or modification of development
approvals. The intent of monitoring DOs and Conditions of Approval (including
buildout) is to preserve the availability of public facilities and services for
proposed future development, require compliance with improved performance and
site design standards, and ensure that DOs are implemented in a timely manner.
The intent of monitoring Community Development District (CDD) and FLUA
ordinance conditions is to ensure that conditions imposed by the BCC are met in
a timely manner and to provide a mechanism to address the violation [Ord.
2020-001]
1. This Chapter
shall apply to: [Ord. 2020-001]
a. All DOs with a
time limitation for Conditions of Approval, or as a part of the development
process as required by specific Articles of this Code; [Ord. 2020-001]
b. All DOs as
required by the ULDC; [Ord. 2020-001]
c. All CDD
ordinances with Conditions of Approval; and, [Ord. 2020-001]
d. All FLUA
ordinances with Conditions of Approval. [Ord.
2020-001]
a. The Applicant
or owner shall communicate with the responsible agency, and demonstrate
completion of the applicable Conditions of Approval. [Ord. 2020-001]
b. Upon completion
of the Conditions of Approval, PZB will allow issuance of the Building Permit
or relevant event to occur. [Ord. 2020-001]
c. Projects not
meeting the Conditions of Approval due dates or event action shall be subject
to the provisions set forth in Art. 2.E.3, Procedures
for Compliance. [Ord. 2020-001]
1. Any DOs in
whole or in part, that apply to lands that are owned by a unit of Local, State,
and/or Federal Government, provided the DO is utilized for buildings or
facilities that are owned by a government entity and support customary
government operations and/or delivery of public services; [Ord. 2020-001]
2. Any DOs for a
Rezoning of a single lot to a Residential Zoning District for a Single Family
residential use; and, [Ord. 2020-001]
3. A Rezoning to a
Standard Zoning District, unless it has a COZ. [Ord. 2020-001]
Section
2 Monitoring Elements
A. Commencement of Development
Approved DOs shall be monitored for commencement of development.
Commencement of development shall consist of the following requirements: [Ord.
2020-001]
1. For development
with a single building, the first inspection approval for the foundation of the
structure; [Ord. 2020-001]
2. For development
with multiple buildings, the first inspection approval for the first component
of the primary structure; [Ord. 2020-001]
3. For residential
development, the subdivision of land into parcels through the recordation of a
plat; [Ord. 2020-001]
4. For Type 3
Excavation sites, extraction of minerals for commercial purposes. [Ord. 2020-001]
B. Commencement of Development is Not
1. Demolition of a
structure; [Ord. 2020-001]
2. Deposit of
refuse, solid, or liquid waste; or fill on the parcel, unless the DO is
exclusively and specifically for such a use; or, [Ord. 2020-001]
3. Clearing of
land. [Ord. 2020-001]
1. All DOs shall
comply with a time limitation requirement for commencement as follows: [Ord. 2020-001]
a. DOs shall
commence within four years of adoption date. [Ord. 2020-001]
b. Standalone
Variances shall be utilized within one year, unless stated otherwise by the Resolution
or Result Letter. [Ord. 2020-001]
c. Each additional
phase of a phased development shall commence within four years of commencement
of the previous phase. [Ord. 2020-001]
d. Each phase of a
Type 3 Excavation shall be established by a Condition of Approval. [Ord. 2020-001]
2. Projects
not meeting the time limitations for commencement shall be subject to the
provisions set forth in Art. 2.E.3, Procedures
for Compliance. [Ord.
2020-001]
D. Time Limitations for Buildout
The Buildout Period shall be determined by Art. 12.C.1.B.3,
Projected Buildout Period, and monitored for compliance. However,
Conditions of Approval with a time-certain Project Buildout date may be
provided an additional 90-days if a complete Building Permit application has
been submitted to the Building Division prior to this deadline. [Ord. 2020-001]
E. DOs with Conditions of Approval
1. All DOs with
Conditions of Approval that must be completed prior to a date, event, or action
shall be monitored for compliance. [Ord.
2020-001]
2. All monitoring
DOs shall comply with the provisions of Art. 2.E.3, Procedures
for Compliance. [Ord. 2020-001]
F. Community Development District Ordinances
with Conditions of Approval
1 All Community
Development District (CDD) ordinances with Conditions of Approval that must be
satisfied prior to a date or action shall be monitored for compliance. [Ord. 2020-001]
2. No
Administrative Time Extensions may be applied to CDD ordinances. [Ord. 2020-001]
3. In
the event of a failure to comply with a CDD ordinance Condition of Approval,
the Planning Director, or designee, shall: [Ord.
2020-001]
a) Notify
Applicant of potential violation and enforcement procedures as established in Art. 10, Enforcement;
or
b) Prepare
a Status Report per Art. 2.E.3.C, Status
Reports. [Ord.
2020-001]
G. FLUA Ordinances with Conditions of Approval
1. All FLUA
ordinances with Conditions of Approval that must be satisfied prior to a date
or action shall be monitored for compliance. [Ord. 2020-001]
2. No
Administrative Time Extensions may be applied to FLUA ordinances. [Ord. 2020-001]
3. Failure to comply with an FLUA ordinance Condition
of Approval shall require the Planning Director, or designee, to bring the item
before the BCC at the next regularly-scheduled Planning or Zoning Public
Hearing for consideration of noncompliance. [Ord. 2020-001]
H. Notification Prior to a Due Date
No later than 30 days prior to a due date for any of the above
items, a letter shall be issued to the address of the owner of record as it
appears in the official records of the PBC Property Appraiser’s Office. [Ord.
2020-001]
A. General
An Applicant, not in compliance with this Chapter, may utilize
and exhaust all procedures established in this Chapter in order to comply with
the Conditions of Approval and commencement of development that must be
satisfied prior to a date or action. [Ord. 2020-001]
1. The
Applicant may file for an Administrative Time Extension to the Executive
Director, or designee. The Executive Director, or designee, may grant an
extension of time to comply with a requirement and shall consider changed
circumstances or mitigating factors that prevent compliance. [Ord. 2020-001]
2. An
Administrative Time Extension may be applied to an expiring buildout condition
due date. The application must be accompanied by a traffic study. [Ord. 2020-001]
4. The maximum
duration of an Administrative Time Extension is as follows: [Ord. 2020-001]
a. Commencement of Development
Public Hearing DO
24 months, unless stated otherwise. [Ord. 2020-001]
b. Commencement of Development
Administrative DO
Each separate Administrative Time Extension shall not exceed 12
months. [Ord. 2020-001]
c. Buildout Conditions
Extension will reflect the results of the traffic review. [Ord. 2020-001]
d. Conditions of Approval not
Requiring the Posting of Performance Security
1) 12 months,
unless stated otherwise in the Condition of Approval. [Ord. 2020-001]
2) Subsequent
applications may be filed; however, the total administrative extensions
approved shall not exceed 24 months for the current DO. [Ord. 2020-001]
e. Conditions of Approval Requiring
the Posting of Performance Security
A one-time Administrative Time extension not to exceed six
months shall be the maximum. [Ord.
2020-001]
5. When the
Executive Director of PZB, or designee, approves an extension of time for
completion of a time-certain requirement, the Property Owner may be required to
guarantee the completion by furnishing a cash deposit, letter of credit, or
surety bond. [Ord. 2020-001]
6. A time
extension for a government-caused delay shall not exceed 24 months. [Ord. 2020-001]
a. It is the
responsibility of the Property Owner to notify Staff in writing of the reason
and cause of the delay. [Ord. 2020-001]
b. No application
or fee will be required. [Ord. 2020-001]
c. If the delay
prevents compliance with this Chapter, an additional extension may be granted. [Ord. 2020-001]
An application for a Status Report may be requested by the
Property Owner, or initiated by the Executive Director of PZB, or designee, if
one of the following occurs: [Ord. 2020-001]
a. A Property
Owner fails to comply with a time limitation and has not requested a time
extension. [Ord. 2020-001]
b. The project
received a public hearing approval and has exhausted all available
administrative extensions. [Ord. 2020-001]
a. PZB shall
advertise a Status Report public hearing for the Decision Making Bodies that
approved the DO. [Ord. 2020-001]
b. A Status Report
may be requested by a Property Owner, but a request for a time extension may
not be made prior to six months before commencement due date. [Ord. 2020-001]
The PZB Director or designee, shall prepare a Status Report for
each application. The report shall incorporate the analysis and Conditions of
Approval in question and a recommendation of approval, approval with
conditions, or denial based on the applicable standards for the BCC to
consider. [Ord. 2020-001]
a. The Property
Owner/Applicant shall submit to the Monitoring Section the following:
1) summary of the
background and current status of the development including any documentation
provided to Staff of efforts to comply with the requirement, or circumstances
beyond the control and cause of the Property Owner, other than economic
conditions, which have prevented compliance; [Ord. 2020-001]
2) a description
of any Code violations; [Ord. 2020-001]
3) a description
of any uncompleted condition or time-certain requirements. [Ord. 2020-001]
b. Summary of
items to be reviewed by Staff: [Ord.
2020-001]
1) a review of
previous extensions of time (for a Status Report prepared for noncompliance
with a time-certain requirement); [Ord.
2020-001]
2) evaluate and
consider any changed circumstances and mitigating factors; and, [Ord. 2020-001]
3) a determination
of whether the Development Order is consistent with the Plan and is consistent
with the Code. [Ord. 2020-001]
Consideration of all actions permitted by Art. 2.E.3.B,
Administrative Extension of Time, except a Rezoning, shall occur in the
following manner: [Ord. 2020-001]
a. Public Hearing
1) At least one public
hearing shall be held by the ZC or by the BCC, as applicable. [Ord. 2020-001]
2) If the project
involves a Rezoning for ten acres or more, two public hearings shall be held by
the BCC. [Ord. 2020-001]
b. Mail Notice
The owner of record shall be notified in writing of the Status
Report and recommendation to the BCC or ZC. Written notice shall consist of a
letter send at least 14 calendar days prior to the hearing by certified mail;
30 calendar days for a Rezoning, return receipt requested, to the last known
address of the owner of record as it appears in the records of the PBC Property
Appraiser’s Office. In the event that the owner fails to acknowledge receipt of
mail notice or the notice is returned unopened, newspaper publication in
accordance with F.S.
§ 125.66(2)(a) shall be deemed sufficient notice, published at least ten
days prior to the hearing. [Ord. 2020-001]
The BCC or ZC shall consider the factors enumerated in Art. 2.E.3.C.4,
Status Report Submittal and Review Criteria above and the recommendation of
Staff. After deliberation, the BCC or ZC shall take one or more of the
following actions: [Ord. 2020-001]
a. Grant a Time Extension
1) To commence
development, utilize a Conditional Use, or record a plat for a period not to
exceed 36 months from the date of BCC or ZC approval. [Ord. 2020-001]
2) To comply with
a Condition of Approval for a period not to exceed 24 months from the date of the
BCC or ZC approval with the exception of time-certain Project Buildout date
condition(s) as mandated by the Traffic Performance Standards. A Project Buildout
date condition may receive approval of a time extension up to the Buildout
Period assumed in the traffic study. [Ord.
2020-001]
b. Adopt a
resolution which will rezone the property to an appropriate zoning district; [Ord.
2020-001]
c. Adopt a
resolution which will revoke or amend the approval for all or a portion of the
Conditional Use, Special Exception, or Development Order Amendment; [Ord.
2020-001]
d. Adopt a
resolution which will impose additional or modified conditions, voluntary
commitments, or permit the Property Owner to initiate an application to add or
modify conditions or voluntary commitments, as directed by the BCC or ZC. New
or modified conditions or voluntary commitments shall include bring the
development into conformity with current codes and regulations; [Ord. 2020-001]
e. Direct Staff to
cite the Property Owner for violating the provisions of this Code; [Ord.
2020-001]
f. Adopt a
resolution to amend or revoke the Development Order or Map Amendment for the
undeveloped or unplatted portion of the project; [Ord. 2020-001]
g. Exempt from
further review of any DO which rezoned property to a district which does not
exceed the density or intensity permitted by the Future Land Use designation,
provided there is no Concurrency Reservation or exemption for the property.
This exemption may be applied to any advertised Status Report after adoption of
this Amendment; and/or, [Ord. 2020-001]
h. Deny or revoke
a Building Permit; issue a stop work order; deny or revoke a Certificate of
Occupancy (CO) on any building or structure; revoke any concurrency; deny or
revoke any permit, license, or approval for any developer, owner, lessee, or
user of the subject property. [Ord. 2020-001]
A Property Owner may submit an application for a time extension
to the DRO for any Condition of Approval imposed by the DRO. The DRO must
receive the application prior to the compliance deadline stated in the
Condition of Approval. [Ord. 2020-001]
1. The DRO shall
consider changed circumstances or mitigating factors. [Ord. 2020-001]
2. The DRO may
take the following action: [Ord. 2020-001]
a. Grant a time
extension not to exceed 12 months; [Ord.
2020-001]
b. Revoke the
approval of DO; [Ord. 2020-001]
c. Amend or delete
the Condition of Approval; or, [Ord.
2020-001]
d. Direct Code
Enforcement Staff to seek enforcement procedures. [Ord. 2020-001]
If a Property Owner fails to utilize a Variance within the
timeframe as provided, the Variance shall become invalid. [Ord. 2020-001]
If the procedures for compliance are exhausted and a Property Owner
continues to violate a Condition of Approval, suspension of all development
activity authorized by a DO shall occur. Once the matter is compliant,
development activity may resume. [Ord. 2020-001]
Suspension of DOs may occur upon failure to comply with one or
more time limitations or failure to comply with a Condition of Approval. [Ord.
2020-001]
Upon expiration of any time period established by this Chapter
or failure to comply with, or continued violation of a Condition of Approval,
no new DOs affecting the property shall be issued by PBC, and no action to vest
the DO shall be permitted, until a final determination is made by the Executive
Director, or BCC or ZB pursuant to Art. 2.E.3, Procedures
for Compliance. This suspension of development rights shall not preclude
the Property Owner from filing a new application for the subject property to
amend or supersede an existing Development Order, or the BCC or ZC from
approving this application. [Ord. 2020-001]
The suspension of development rights shall have the following
effect on new applications and Code Enforcement actions: [Ord. 2020-001]
a. If a Property
Owner files a new application, no new DOs shall be issued until the completion
of the Zoning process to resolve the noncompliance, except the DO which
approves the application. [Ord. 2020-001]
b. If the Property
Owner is referred to Code Enforcement for violating the provisions of the DO,
no new DOs shall be issued until the alleged violation has been ruled upon by
the Code Enforcement Special Master, and any enforcement action is completed,
or penalty is satisfied. This shall not, however, prelude compliance with the
specific condition cited in the Status Report after the BCC or ZC has directed
the Code Enforcement Division to cite the Property Owner for noncompliance with
that condition. [Ord. 2020-001]
The purpose and intent
of this Section is to ensure that adequate potable water, sanitary sewer, solid
waste, drainage, park, road and mass transit public facilities, and fire-rescue
are available to accommodate development concurrent with the impact of
development on such public facilities, consistent with the LOS standards for
those public facilities adopted in the Plan. This objective is accomplished by
(1) establishing a management and monitoring system to evaluate and coordinate
the timing and provision of the necessary public facilities to service
development; and (2) by establishing a regulatory program that ensures that
each public facility is available to serve development concurrent with the
impacts of development on public facilities. [Ord. 2018-002]
The BCC has the
authority to adopt this Article pursuant to Art. VIII, § 1, Fla. Const., the PBC Charter, F.S. § 125.01, et seq., F.S. § 163.3161(8), F.S. § 163.3177(10)(h), and F.S. § 163.3202(2)(g).
Concurrency shall be
obtained for all Development Orders and subsequent Development Orders unless
the project is exempt from the requirements of this Article.
The following shall be
exempt from the requirements of this Article:
1. All Development Orders that have received a Concurrency
Exemption Certificate or Concurrency Exemption Extension Certificate, pursuant
to the “Concurrency Exemption Ordinance of PBC” and the “Concurrency Exemption
Extension Ordinance;”
2. A lot of record which (a) meets the density
requirements of the Plan, as amended, or (b) qualifies for an administrative
order exempting it from the density requirement of the Plan;
3. An alteration or expansion of a development
that does not create additional impact on public facilities;
4. The construction of accessory buildings and
structures that does not create additional impact on public facilities;
5. The replacement of a dwelling unit within one
year of its removal; and,
6. The official list of additional specific
permit types as established by the Zoning Director which are deemed to have no
impact on public facilities.
1. If a unified planning area is adopted and
implemented by the BCC, through resolution, such unified planning area shall be
considered concurrent through the date specified in the resolution, provided:
a. The terms of the resolution
adopting and implementing the unified planning area are being met in good
faith; and
b. The impacts of the unified planning area on
the public facilities have been addressed.
2. Adequate public facility standards for the
unified planning area shall be maintained providing Art. 2.F.1.E.1.a,
Art. 2.F.1.E, Unified Planning Area, have been met, regardless of the impact of
subsequently approved or background traffic that may generate traffic in the
unified planning area, on affected roadways or other public facilities.
The LOS standards
for public facilities are contained in the Plan and shall apply in the review
of development pursuant to the procedures and standards of this Article.
To ensure that adequate
potable water, sanitary sewer, solid waste, drainage, parks and recreation,
road, mass transit, and fire-rescue public facilities are available concurrent
with the impacts of development on each public facility, PBC shall establish
the following development review procedures. [Ord. 2018-002]
a. Concurrency Reservation
An application for a
Concurrency Reservation shall be submitted jointly with an application for a Development
Order (joint review), to the Zoning Director in a form established by the
Zoning Director and made available to the public. If the proposed development
does not require Site Plan approval, the application shall be submitted at
scheduled intake times (separate review) as specified on the Annual Zoning
Division Calendar. The application shall be accompanied by a fee established by
the BCC for the filing and processing of each application. The fee shall be
non-refundable. [Ord. 2006-055]
b. WHP Traffic Concurrency Hall
Pass
A WHP Traffic
Concurrency Hall Pass is a provisional traffic concurrency approval that may be
used for Projects subject to Art.
5.G.1, Workforce Housing Program (WHP). A WHP Traffic
Concurrency Hall Pass Certificate shall be considered a traffic Concurrency Reservation
only for the purposes of Art.
12.C.1.C.4.c, TPS Database, and shall be valid for a period of not
more than 90 days.
An application for a WHP Traffic Concurrency Hall Pass may be submitted
separate from an application for a Development Order to the Traffic Director in
a form established by the Traffic Director and made available to the public.
The application may be submitted at any time and shall be accompanied by a fee
established by the BCC for the filing and processing of each application. The
fee shall be non-refundable. [Ord. 2006-055]
a. Separate Review
Upon receipt of the
application, the Zoning Director (or Traffic Director, in the case of a WHP
Traffic Concurrency Hall Pass) shall initiate a review and within ten days
determine whether the application is sufficient. If it is determined that the
application is not sufficient, written notice shall be sent to the Applicant
specifying the deficiencies. The Zoning Director (or Traffic Director, in the
case of a WHP Traffic Concurrency Hall Pass) shall take no further action on
the application unless the deficiencies are remedied. If the deficiencies are
not remedied within 20 days of written notification, the application shall be
considered withdrawn. [Ord. 2006-055]
b. Joint Review
Sufficiency
determination is subject to the regulations for the specific Development Order requested
as outlined in Art.
2.B.7.C, Development Order Amendment (DOA).
Insufficiency of any portion of an application submitted under joint review
shall result in the insufficiency of the concurrency application.
The Zoning Director shall
also determine whether all service providers are required to review the application.
If the Director determines that two or less public facilities are impacted by
the proposed development, the application may be eligible for a reduced
concurrency review fee. The Zoning Director, where appropriate, shall consult
with the service providers in making such determination.
a. Separate Review
Within ten days of submittal
or resubmittal, the application shall be forwarded to the PBC Departments
and service providers for review. Within 15 working days of its receipt, the
appropriate PBC Departments and service providers shall file a statement with
the Zoning Director as to whether or not adequate public facilities are
available, pursuant to the standards of Art.
2.F.3.C, Standards for Review of Application for Adequate Public Facilities
Determination and Concurrency Reservation.
In the case of an application for a WHP Traffic Concurrency Hall Pass, the same
review time frames shall apply and the statement as to whether or not adequate
public facilities are available pursuant to the standards of Art.
2.F.3.C, Standards for Review of Application for Adequate Public Facilities
Determination and Concurrency Reservation,
shall be filed with the Traffic Director, with a copy to the Zoning Director. [Ord.
2006-055]
b. Joint Review
The application shall
be distributed to the PBC Departments and service providers for review together
with application for Development Order.
a. Separate Review
If the Zoning Director
(or Traffic Director, in the case of a WHP Traffic Concurrency Hall Pass)
determines that an application fails to meet any one of the public facility
component standards of Art.
2.F.3.C, Standards for Review of Application for Adequate Public Facilities
Determination and Concurrency Reservation,
the Applicant shall be notified of such deficiency(s) in writing. If the Applicant
does not notify the Zoning Director (or Traffic Director, in the case of a WHP
Traffic Concurrency Hall Pass) in writing that he/she wishes to withdraw the
application, the application shall be entered into a 90-day negotiation period
with the service provider. [Ord. 2006-055]
1.) If during the 90-calendar day negotiation
period, the Applicant addresses the deficiencies, the application
shall be reconsidered by the Zoning Director (or Traffic Director, in the case
of a WHP Traffic Concurrency Hall Pass) and approved or denied consistent with
the standards of this Chapter. [Ord. 2006-055]
2.) If the deficiencies are not resolved within 90
calendar days, the application shall be denied.
b. Joint Review
The timing and review
of an application shall be consistent with the timing and review procedures outlined
in the Article, for the requested Development Permit. Approval of the
Development Permit shall not be granted until Concurrency is approved. [Ord.
2010-022]
c. Extension of 90-Day Negotiation
Period
Prior to expiration of
a reservation, if it is documented that a government-caused delay the failure of
a Development Order to be issued, the Zoning Director shall grant such
extensions as necessary to offset government-caused delays, not necessarily
equal to the time of the delay. Each extension shall be based only on a delay
that has already occurred.
a. Separate Review
If it is determined by
the service providers that adequate public facilities are available, the Zoning
Director shall review the statements and the application for compliance
with all the public facility component standards of Art.
2.F.3.C, Standards for Review of Application for Adequate Public Facilities
Determination and Concurrency Reservation,
and the density requirements of the Plan, and shall issue a Certificate for
Concurrency Reservation. [Ord. 2005-002]
b. Joint Review
Concurrency approval
shall be indicated directly on the Certified Plan pursuant to the DRO Technical
Standards, for projects that require Site Plan approval. For projects that do
not require Site Plan approval, a reservation shall be issued.
c. WHP Traffic Concurrency Hall
Pass Certificate
If it is determined
that adequate public facilities are available in compliance with the Art. 2.F.3.C.3, Traffic Facilities,
the Traffic Director shall issue a Hall Pass Certificate. An application for a
Concurrency Reservation in conjunction with a Development Order application
shall be submitted within 90 days of issuance of the Traffic Concurrency Hall
Pass Certificate or else it shall expire. [Ord. 2006-055]
The following standards
for each facility shall be used in deciding whether to approve or deny a
Concurrency Reservation.
Facilities to provide
the proposed development sufficient services based on the LOS for facilities
are in place, or under construction and bonded; or the subject of a binding and
executed contract; or are included in PBCs Capital Improvement Annual Budget or
the service provider’s annual budget; or the PBCHD has verified and approved
that capacity is available.
The drainage component
shall be approved if the proposed development has a legal right to convey
stormwater to a point of legal positive outfall or meets the exemption
provisions of Art.
5.C, Design Standards.
The roads component
shall be approved if the proposed development complies with Art. 12, Traffic
Performance Standards.
In determining whether the road component meets the requirements of this Subsection,
the Five Year Road Improvement Schedule in the Capital Improvement Element may
be considered only if the development proposed in the application is phased so
that the impacts of the proposed development and the capacity provided by the
road projects in the Five-Year Road Improvement Schedule will occur
concurrently. The phasing of development and transportation improvements to
ensure the LOS for road facilities is met may be addressed through a
development or road agreement. [Ord. 2006-055]
The mass transit
component shall be approved if the travel demand of the proposed development
does not deteriorate the LOS for mass transit facilities below the adopted LOS
for mass transit facilities.
Unless revoked by the
BCC or the ZC reservation is valid for the life of a specific Development Order
pursuant to this Chapter, or shall expire one year from the date of issuance of
the reservation, whichever is applicable. If the Concurrency Reservation was
based upon a converted WHP Traffic Concurrency Hall Pass, then the Reservation
shall be valid for one year from the date of issuance of the Traffic
Concurrency Hall Pass Certificate or for the life of the specific Development
Order pursuant to this Chapter, whichever is applicable. If the required Development
Order is a Building Permit, then the application for the Building Permit must
be submitted prior to the expiration date of the reservation. In such cases,
the Building Permit must be issued within six months from the date of intake of
the Building Permit application, or the reservation shall expire. If a
reservation either expires or becomes invalid, the public facility capacity
reserved by the reservation expires, and becomes additional available public
facility capacity. An Applicant cannot apply for a new reservation until the
previous reservation has expired. The expiration or revocation of a Development
Order shall result in the automatic expiration or revocation of the
reservation. A reservation shall not expire if an application for a specific Development
Order is pending. All Concurrency Reservations shall be issued for the number
of units or square footage shown on the approved Site Plan or Master Plan most
recently certified by the DRO. For any Master Plan or Site Plan, which was approved
for acreage only, the capacity for the approved use shall be calculated by the
Applicant and affirmed by the Zoning Division and each service provider. Any
Concurrency Reservation shall be adjusted accordingly. Any increase in units or
square footage above that shown on the current Site Plan/Master Plan shall be
subject to concurrency review. [Ord. 2006-055]
Reservation will remain
valid provided:
a. the Development Order for which the
certificate was approved has not expired or been revoked or abandoned;
b. all annual fees necessary to maintain the
reservation are paid each year;
c. the development is not altered to increase
the impact of the development on public facilities; and,
d. the reservation is not revoked by the BCC or
the ZC.
A reservation may be
assignable or transferable, within the same approved development or to
successors in interest for the same property.
Prior to expiration of
a reservation, it is documented that a government-caused the failure of a Development
Order to be issued, the Zoning Director shall grant such extensions as
necessary to offset government-caused delays, not necessarily equal to the time
of the delay. Each extension shall be based only on a delay that has already
occurred.
In determining whether
an application for a reservation complies with the requirements of Art. 2.F.3.C, Standards for Review of
Application for Adequate Public Facilities Determination and Concurrency
Reservation, the Zoning Director may consider the
phasing of development and its coordination with public facility capital
improvements for a period of up to five years, or some other period consistent
with the terms of an agreement.
If the appropriate
service provider can ensure there will be adequate public facilities with
condition(s) or an agreement approved by the Zoning Director, the Certificate
of Concurrency Reservation shall be approved. The issuance of a Building Permit
shall be based upon compliance with the conditions contained on certified Site Plan
or the Concurrency Reservation.
a. Consideration
in Conjunction with an Agreement
1) If an agreement is to be part of an
application for a Development Order, then prior to the proposed Development
Order application being considered for consistency, the agreement shall be:
a) found to be in sufficient form and contain
sufficient information by the County Attorney and the Zoning Director; and
b) accompanied by applicable fee, as set forth
in the adopted fee schedule.
2) If the Zoning Director determines that the
standards of Art. 2.F.3.C, Standards for Review of
Application for Adequate Public Facilities Determination and Concurrency
Reservation, are met if the
agreement is approved, a Certificate of Concurrency Reservation shall be
issued, conditioned on the approval of the agreement with the express terms
related to the provision of the public facilities for the proposed development.
3) Upon approval of the agreement by the BCC,
the Concurrency Reservation shall become final. If the agreement is denied,
then the Certificate of Concurrency Reservation shall expire.
1) In accordance with Art. 12.C.2, Conditions, a Concurrency Reservation with conditions may be granted to
ensure compliance with the TPS. Performance security to install improvements
resulting from the impact of the project may be required to be posted within six
months from the date the Development Order is approved. The performance
security shall be in a form acceptable to the DEPW.
2) A one-time six-month Administrative Time Extension
in accordance with Art. 2.E.2.B, Administrative Extension of
Time, or a six-month BCC
time extension in accordance with Art. 2.F.2, LOS Standards, of this Code, may be permitted, provided the following
standards are met:
a) The project is located on a roadway, which did
not meet the TPS prior to a Concurrency Reservation being issued for the
project;
b) The traffic approval was based solely on the
posting of security for roadway improvements; and,
c) The project approval does not delay any other
Property Owner from development since no capacity was available for the
project, therefore, no trips had been reserved for the project.
3) If an Administrative Time Extension is not
requested and granted, or a previously approved time extension expires without
security being posted, the Development Order shall be subject to the review
requirements of Art. 2.F.2, LOS Standards and Art. 2.F.3, Review for Adequate Public
Facilities. If the BCC
revokes the Development Order, the Certificate of Concurrency Reservation shall
immediately expire. The Development Order shall be revoked if security is not
posted within 12 months of approval of the Development Order.
c. Extension
of Date Certain Conditions Prior to Issuance of Development Order
Prior to the expiration of a date certain
condition, one extension of the condition up to nine months may be provided by
the service provider imposing the condition, if it is determined that a valid
public governmental purpose will be achieved by granting the extension. In no
other case may an extension be granted.
An amendment to a
Concurrency Reservation shall be required prior to the approval of any
amendment to a Development Order which results in a change to the impact on
public facilities addressed by this Chapter. The amendment of a Concurrency Reservation
shall only require reservation of the additional public facility capacity
demanded by the proposed development or modification of the reservation of the
public facility capacity if the demand is decreased.
A revision to a
Concurrency Reservation shall be required prior to the approval of any
reduction in approved square footage on the certified plan.
A developer may enter
into an agreement with PBC and relevant service providers, for those public
facilities specifying that an agreement is acceptable, in conjunction with the
approval of a Development Order and a Certificate of Concurrency Reservation,
to ensure adequate public facilities are available concurrent with the impacts
of development on the public facility. The effect of the agreement shall be to
bind PBC and the developer pursuant to the terms and duration of the agreement
to its determination pursuant to Art.
2.F.4, Entitlement Density and Entitlement Intensity, that adequate public facilities are
available to serve the proposed development concurrent with the impacts of the
development on the public facilities. Any public facility Capital Improvement
in the Six Year Capital Improvement Schedule in the CIE on which such a
Concurrency Reservation is made in conjunction with the approval of a Development
Order and an agreement, shall not be delayed, deferred, or removed from the Six
Year Capital Improvement Schedule in the CIE, except that any Capital
Improvement may be deferred by one year if the deferral is identified pursuant
to the terms of an agreement.
An application for an
equivalency determination shall be submitted jointly with an application for a
specific Development Permit. If the equivalency is for a use or uses that do
not require Site Plan approval, it may be submitted separately at scheduled
intake times as specified in the Annual Zoning Division Calendar. The Applicant
shall complete the Equivalency Matrix in the concurrency supplemental
application itemizing the following in the appropriate column:
a. All approved and existing uses for the
development shall be listed;
b. All proposed uses including those uses that
are not changing; and,
c. The amount of change for those uses that did
change.
a. Separate
Review
Within ten days of submittal
or resubmittal, the application shall be forwarded to the PBC Departments and
service providers for review. Within 15 working days of its receipt, the PBC
Departments and service providers shall file a statement with the Zoning
Director as to whether or not adequate public facilities are available,
pursuant to the standards of Art. 2.F.3.C, Standards for Review of
Application for Adequate Public Facilities Determination and Concurrency
Reservation.
b. Joint
Review
The application is
distributed to the PBC Departments and service providers for review with the
distribution of the application for Development Permit.
a. Separate
Review
If it is determined by
the providers that the approved existing uses are equivalent to the proposed
uses, the Concurrency Section will either:
1) Amend and reissue the existing Reservation or
Exemption to include the new uses, or
2) Issue an Administrative Exemption if the
development exists and there is no valid reservation or exemption.
b. Joint
Review
Concurrency approval
shall be indicated directly on the certified plan pursuant to the DRO technical
standards for projects that require Site Plan approval. For projects that do
not require Site Plan approval, a reservation shall be issued.
If it is determined by one
or more of the providers that the proposed uses are equivalent to the
approved/existing uses, the Applicant shall apply for a reservation for those
proposed uses, which will require additional capacity.
If after an appeal on
an application for a Concurrency Reservation is denied by the PZB Executive
Director and that decision is affirmed by the DRAB, the Applicant may submit an
application for entitlement density or entitlement intensity pursuant to the
procedural and substantive requirements of this Section. [Ord. 2011-016]
An application for entitlement density or entitlement intensity shall be
submitted to the PZB Executive Director on a form established by the PZB
Executive Director and made available to the public. The application shall be
accompanied by a fee established by the BCC from time to time for the filing
and processing of each application. The fee shall be non-refundable. [Ord.
2011-016]
The PZB Executive Director shall initiate review of an application for
entitlement density or entitlement intensity upon receipt of the application,
and within 15 working days, determine whether the application is sufficient and
includes data necessary to evaluate the application. [Ord. 2011-016]
1. If it is determined that the application is
not sufficient, written notice shall be sent to the Applicant specifying the
deficiencies. The Zoning Director shall take no further action on the
application unless the deficiencies are remedied.
2. If the application is determined sufficient,
the Zoning Director shall notify the Applicant in writing of the application's
sufficiency, and that the application is ready for review pursuant to the
procedures and standards of this Section.
Within 30 working days
after the PZB Executive Director determines the application is sufficient, the
PZB Executive Director shall review the application and shall approve, approve
with conditions, or deny the application based upon whether it complies with
the standards in Art. 2.F.4.E, Standards for Entitlement
Density and Entitlement Intensity.
[Ord. 2011-016]
1. An entitlement density for the proposed
development must be consistent with the entitlement densities permitted in the FLUE
of the Plan or a minimum of one dwelling unit, provided that the maximum
density (dwelling unit per gross acre) as depicted on Figure 2 of the FLUA of
the Plan is not exceeded. [Ord.
2011-016]
2. An entitlement intensity for the proposed
development must be consistent with the entitlement intensities permitted in
the FLUE of the Plan provided the square footage does not exceed two and
one-half percent of the maximum square footage allowed under this Code. [Ord. 2011-016]
3. If the above conditions are met, an
entitlement density or entitlement intensity for the proposed development shall
be granted if; [Ord. 2011-016]
a. A Concurrency Reservation has been denied for
the proposed development pursuant to the requirements of Art. 2.F.3.C, Standards for Review of
Application for Adequate Public Facilities Determination and Concurrency
Reservation, and an appeal
to the DRAB has affirmed that decision;
b. The LOS for drainage facilities for the
development proposed in the application is met pursuant to the requirements of Art. 2.F.3.C, Standards for Review of
Application for Adequate Public Facilities Determination and Concurrency
Reservation;
c. A plan demonstrates how the proposed
development will be designed (a) at its entitlement density or entitlement
intensity and (b) at its allowable density or entitlement intensity under the
Plan and this Code at the time the necessary public facilities are available to
adequately serve the development. Any Development Order issued for an
application for Development Permit for which entitlement density or entitlement
intensity has been approved shall be consistent with the plans for development
in this Subsection. The review of a plan for development at the allowable
density or intensity under this Section shall in no way reserve capacity for
public facilities; [Ord. 2011-016]
d. Approval of the entitlement density or
entitlement intensity is conditioned on the initiation of development of the
proposed project at its allowable density or intensity subject to receipt of a
Concurrency Reservation within two years of the time the necessary public
facilities are available to serve the proposed development at its allowable
density or intensity; and,
e. In the USA, Development Orders for
development proceeding at entitlement densities or entitlement intensities may
be permitted at rural LOS for potable water and sanitary sewage while the
development is at its entitlement density or entitlement intensity. [Ord. 2011-016]
An Applicant may appeal
a decision of the PZB Executive Director denying an application for a
Concurrency Reservation, Entitlement Density, Entitlement Intensity, or a
Concurrency Exemption Extension by filing a petition with the Zoning Director
appealing the decision to the DRAB within 20 days of the rendition of the
decision by the Zoning Director. [Ord. 2011-016]
The DRAB shall consider
the appeal petition within 60 calendar days of filing. In considering the
appeal, the DRAB shall consider only the record before the Zoning Director at
the time of the decision, testimony of the petitioner and the petitioners'
agents and testimony of PBC Staff.
The DRAB shall reverse
the decision of the Zoning Director only if there is competent substantial
evidence in the record that the application complies with the standards of Art.
2.F.3.C, Standards for Review of Application for Adequate Public Facilities
Determination and Concurrency Reservation.
The decision of the
DRAB shall be in writing and a copy of the decision shall be forwarded to the
appealing party.
An applicant may appeal
a final decision of the DRAB within 30 calendar days of the rendition of the
decision by filing a Petition for Writ of Certiorari in Circuit Court of the
Fifteenth Judicial Circuit in and for PBC.
In addition to any authority granted to the Board of County
Commissioners (BCC) by general or special law, the BCC shall have the following
powers and duties under the provisions of this Code:
1. to initiate,
hear, consider, and approve, approve with conditions, or deny applications to
amend the text of the Plan;
2. to initiate,
hear, consider, and approve, approve with conditions, or deny applications for
Site Specific amendments to the FLUA of the Plan;
3. to initiate,
hear, consider, and approve, or deny requests to amend the text of this Code; [Ord. 2009-040]
4. to initiate,
hear, consider, and approve, approve with conditions, or deny applications for
DO to amend the Official Zoning Map of this Code; [Ord. 2018-002]
5. to hear,
consider, and approve, approve with conditions, or deny applications for DO for
Class A Conditional Uses; [Ord. 2018-002]
6. to initiate,
hear, consider, and approve, approve with conditions, or deny applications for
Transfer of Development Rights (TDRs) and Workforce Housing Program (WHP)
Programs; [Ord. 2018-002]
7. to hear,
consider, and approve, approve with conditions, or deny applications for DOA
and EAC; [Ord. 2018-002]
8. to hear,
consider, and approve, approve with conditions, or deny applications for DO for
Preliminary Plans for those specific PDDs, TDDs, or Class A Conditional Uses
pursuant to Art. 2.A.6.B,
Plan Requirements; [Ord. 2018-002]
9. to hear,
consider, and approve, approve with conditions, or deny applications for ABN; [Ord.
2018-002]
10. to hear,
consider, and approve, approve with conditions, or deny applications for Status
Report of a prior approved DO; [Ord. 2018-002]
11. to review,
hear, consider, and approve, approve with conditions, or deny requests for PO Deviations
described in Art.
2.B.7.G, Public Ownership (PO) Deviations; [Ord. 2018-002] [Ord.
2019-005]
12. to hear,
consider, and approve, approve with conditions, or deny applications for Type 2
Waivers; [Ord. 2018-002]
13. to hear, consider,
and approve, approve with conditions, or deny applications for Unique
Structures; [Ord. 2018-002]
14. to hear and
consider release of agreement; [Ord. 2018-002]
15. to hear and
consider AI; [Ord. 2018-002]
16. to review,
hear, consider, and approve, or deny applications for Corrective Resolutions; [Ord.
2018-002]
17. to establish
fees for the review of applications for Development Orders or permits, and
appropriate funds to defray the costs of administering this Code; [Ord.
2018-002]
18. to act to
ensure compliance with Development Orders or permits as approved and issued; [Ord.
2018-002] [Ord. 2019-005]
19. to hear and
consider appeals from, and affirm or reverse decisions of the Zoning Commission
on applications for Development Permits for Class B Conditional Uses; [Ord.
2018-002]
20. to hear,
consider, and decide appeals from decisions of the DRO on applications for URAO
Type 1 Waivers; [Ord. 2018-002]
21. to designate
and appoint hearing officers to make decisions as the BCC may deem appropriate; [Ord.
2018-002]
22. to appoint
other advisory boards that are determined necessary to assist in the
implementation of this Code or the Plan; and, [Ord. 2018-002]
23. to take such
other action not delegated to the decision-making bodies set forth in this Article
or other officials of PBC Departments, as the BCC may deem desirable and
necessary to implement the provisions of the Plan and this Code. [Ord. 2009-040] [Ord. 2018-002]
Unless otherwise noted, the following
provisions shall apply to each appointed body described in this Article. In
addition, each board shall be governed by PBC Resolution No. R-2013-0193. In
case of conflict between the general provisions in this Section, and the
specific provisions of each appointed body, the specific provisions shall
prevail. [Ord. 2014-001]
Unless otherwise noted,
each member of a board described in this Article, Decision-Making Bodies shall
be a qualified elector of PBC for at least two years prior to appointment. No
member of the BCC, BCC aide, or PBC employee shall serve on a board described
herein.
The term of office for
each member shall be three years. All members serving on a board on the
effective date of this Code shall complete their terms according to their prior
appointments.
a. The BCC shall fill a vacancy within 60 days.
b. When a person is appointed to fill out the
term of a departing member, that person’s term shall end at the same time the
departing member’s term would have ended.
The maximum number of
boards a person may serve on at one time shall be three. [Ord. 2006-004]
Members shall not be
prohibited from qualifying as a candidate for elected office.
a. Individual
BCC Appointments
A board member shall
serve at the pleasure of the member of the BCC who appointed that member and
may be removed by the BCC member without cause at any time.
b. At-Large
BCC Appointments
A board member shall
serve at the pleasure of the BCC and may be removed by the BCC without cause at
any time.
c. Attendance
Members of boards shall
be automatically removed for lack of attendance. Lack of attendance is defined
as a failure to attend three consecutive meetings or a failure to attend at
least two-thirds of the meetings scheduled during a calendar year.
Participation for less than three-fourths of a meeting shall be the same as a
failure to attend a meeting. Only regular meetings shall be counted towards the
attendance requirements. Special meeting shall not be counted towards the
attendance requirements.
In the event that any
board member is no longer a qualified elector, or the member is convicted of a
felony, or an offense involving moral turpitude while in office, the BCC shall
terminate the appointment of the member.
e. Immediate
Removal
Members removed pursuant to Art. 2.G.2.B.1,
Appointments through Art. 2.G.2.B.1.d,
Termination, above, shall not continue to serve on the
board and such removal shall create a vacancy.
No board member shall
have any interest, financial or otherwise, direct or indirect, or engage in any
business transaction or professional activities, or incur any obligation of any
nature which is in substantial conflict with the proper discharge of duties as
a board member.
To implement this
policy, members are directed to:
a. be governed by the applicable provisions of
state and local law;
b. not accept any gift, favor or service that
might reasonably tend to improperly influence the discharge of official duties;
c. make known by written or oral disclosure, on
the record at a meeting, any interest which the member has in any pending
matter before that board, before any deliberation on that matter;
d. abstain from using membership on the board to
secure special privileges or exemptions;
e. refrain from engaging in any business or
professional activity which might reasonably be expected to require disclosure
of information acquired by membership on the board not available to members of
the general public, and to refrain from using such information for personal
gain or benefit;
f. refrain from accepting employment which
might impair independent judgment in the performance of responsibilities as a
member of the board; and,
g. refrain from participation in any matter in
which the member has a personal investment which will create a substantial
conflict between private and public interests.
Willful violation of
this Section which affects a vote of a board member shall render that action
voidable by the BCC.
At an annual
organizational meeting, each board shall elect a Chair and Vice-Chair from
among the members. The term of the Chair and Vice-Chair’s terms shall be one
year. The Chair shall administer oaths, be in charge of all procedures before
the board and shall take such action as shall be necessary to preserve the
order and integrity of all proceedings before the board. In the absence of the
chair, the vice-chair shall act as Chair and shall have all the powers of the
Chair.
The presence of a
majority of the members of the board shall constitute a quorum necessary to
take action and transact business. All actions shall require a simple majority
of the quorum present and voting at the meeting. In the event of a tie vote,
the motion shall fail. No member shall abstain from voting unless the member
has a voting conflict pursuant to State of Florida law.
All meetings shall be
governed by Robert’s Rules of Order. Each board may by majority vote of the
entire membership adopt additional rules of procedure for the transaction of
business and shall keep a record of meetings, resolutions, findings, and
determinations.
a. The location of all meetings shall be in PBC,
Florida.
b. If a matter is postponed due to lack of a
quorum, the item shall be rescheduled to the next meeting.
c. All meetings and public hearings shall be
open to the public.
d. All meetings shall be set for time certain
after due public notice. Due public notice shall include notification that a
record is required to appeal a final decision of the board pursuant to F.S.
§ 286.0105.
The County Attorney’s
Office shall provide counsel and interpretation on legal issues.
Board members shall
receive no compensation for their services with exception of Code Enforcement
Special Master and Hearing Officers who may be compensated for their services
at discretion of the BCC. Travel reimbursement for members shall be limited to
expenses incurred only for travel outside PBC necessary to fulfill the
responsibilities of membership on the particular board. Travel reimbursement
shall be made only when sufficient funds have been budgeted and are available,
and upon prior approval of the BCC. No other expenses are reimbursable except
documented long distance telephone calls to PBC Staff that are necessary to
fulfill the responsibility of membership on the particular board. [Ord.
2006-036]
There is hereby
established a Land Development Regulation Advisory Board (LDRAB).
The LDRAB shall have
the following powers and duties under the provisions of this Code:
a. to periodically review the provisions to this
Code that are not reviewed by another advisory board established by BCC for
that purpose, and to make recommendations to the BCC for those provisions
reviewed;
b. to make its special knowledge and expertise
available upon written request and authorization of the BCC to any official,
department, board, commission or agency of PBC, the State of Florida or Federal
Governments;
c. to
serve as Land Development Regulation Commission (LDRC) as provided by F.S.
§ 163.3164(25) and F.S.
§ 163.3194; and, [Ord. 2019-005]
d. to serve as the Airport Zoning Commission
pursuant to F.S. § 333.05(2). [Ord.
2019-005]
a. Appointment
1) The LDRAB shall be composed of 16 members and
two at-large alternate members. [Ord.
2015-006]
2) Nine of the members shall be appointed by a
majority of the BCC upon a recommendation by the organizations listed in Table 2.G.3.A, LDRAB Expertise. [Ord.
2015-006]
3) Seven members shall be appointed by the BCC. Each
PBC Commissioner shall appoint one member with consideration of the expertise
in Art. 2.G.3.A.3.b, Qualifications.
4) The BCC shall appoint two at-large alternate
members, by a majority vote of the BCC, with consideration of the expertise in Art. 2.G.3.A.3.b, Qualifications.
1) The Board shall be composed of members with
the expertise recommended for appointment by the corresponding organization as
outlined in Table 2.G.3.A, LDRAB Expertise.
2) Each BCC appointment shall be with
consideration in the following areas of expertise:
a) Landscape Architecture.
b) Redevelopment Expertise.
c) Fiscal Impact Analysis Expertise.
d) Land Use/Real Estate Law.
e) Natural Sciences.
f) Business Development.
3) No more than two members of the LDRAB shall
represent the same occupation or business. [Ord.
2010-022]
|
Table 2.G.3.A – LDRAB Expertise
|
|
Occupations
|
|
|
1. Residential
Builder
|
Gold Coast Builders Association
|
|
2. Municipal
Representative
|
League of Cities
|
|
3. Engineer
|
Florida Engineering Society
|
|
4. Architect
|
American Institute of Architects
|
|
5. Environmentalist
|
Environmental Organization
|
|
6. Realtor
|
Realtors Association of the Palm Beaches
|
|
7. Surveyor
|
Florida Surveying and Mapping Society
|
|
8. Commercial
Builder
|
Assoc. General Contractors of America
|
|
9. AICP
Planner
|
PBC Planning Congress
|
|
[Ord. 2010-022] [Ord. 2015-006]
|
c. Terms
of Office
Members of the LDRAB
shall hold office until the first Tuesday after the first Monday in February of
the year their term expires. Beginning on or after March 2, 2013, no person
shall be appointed or reappointed to this Board for more than three consecutive
terms. [Ord. 2014-001]
The Zoning Director of
PZB shall serve as the Secretary and the professional staff of the LDRAB.
a. General
General meetings of the LDRAB shall be held as needed to
dispense of matters properly before the LDRAB. Special meetings may be called
by the Chair or in writing by a majority of the members of the LDRAB. Staff
shall provide 24-hour written notice to each LDRAB member before a special
meeting is convened.
b. Subcommittees
The LDRAB shall consider recommendations from the Zoning
Director and determine by majority vote to create subcommittees with the
expertise necessary to make recommendations on specific Code amendments. Subcommittee
appointments shall be made at a regular LDRAB meeting. [Ord. 2009-040]
c. Alternate Members Vote
The alternate members may vote on a matter only when serving in
place of an absent regular member. [Ord.
2018-002]
Code enforcement
hearings pursuant to this Code shall be conducted by a designated Special
Master. Applications for Special Master positions shall be directed to the County
Administrator pursuant to a notice published in a newspaper of general
circulation. The BCC shall select a pool of candidates from the applications
filed with the County Administrator on the basis of experience and
qualifications. The County Administrator shall appoint a Special Master to
conduct hearings from the pool of candidates selected by the BCC as necessary. For
a period of two years from the date of termination as holder of office, a
former Special Master shall not act as agent or attorney in any proceeding
before any decision-making body of PBC on any matter that was the subject of a
proceeding which was considered by the former Special Master. [Ord.
2015-006]
A Special Master shall
have the following minimum qualifications:
a. be a graduate of a law school accredited by
the American Bar Association;
b. demonstrate knowledge of administrative laws,
land use law, and Local Government regulation and procedures;
c. be a current member, in good standing, of the
Florida Bar Association;
d. have such other qualifications that may be
established by Resolution of the BCC; and,
e. in the event the County Administrator does
not receive a sufficient number of applications from qualified members of the
Florida Bar Association, the BCC may select attorneys who are not members of
the Florida Bar Association as candidates for Special Master. Among those
attorneys who are not members of the Florida Bar Association, the BCC and
County Administrator shall give preference to those attorneys who have prior
experience in a judiciary capacity, or as a hearing officer, mediator or
special master. No attorney, who has been disciplined by the Florida Bar
Association or a bar association of any other jurisdiction, shall be appointed
as a Special Master.
The BCC shall have the
authority prescribe rules of procedure for the conduct of hearings before the
Special Master by resolution
A Special Master shall
serve a term of one year from the date of appointment by the County
Administrator. A Special Master may be reappointed at the discretion of the County
Administrator. There shall be no limit on the number of terms a person may
serve as a Special Master.
At any time during the
appointment, the County Administrator shall have the authority to remove a
Special Master with or without cause upon ten days written notice.
If any Special Master
resigns or is removed prior to expiration of his or her term or the County
Administrator determines that the Special Master should not be reappointed, the
County Administrator shall appoint a Special Master from the pool of candidates
previously selected by the BCC to fill the vacancy within 30 days.
A Special Master shall
not be considered outside or special counsel and shall not be subject to PPM #CW-O-52
relating to outside counsel conflicts of interest.
a. Scheduling
The Code Enforcement
Division shall be responsible for scheduling meetings of a Special Master. In
the case of an alleged violation as set forth in Art. 10.B.1, Procedure,
a hearing may be called as soon as practical.
b. Operating
Procedures
All cases brought
before a Special Master shall be presented by either the Code Enforcement
Division or an attorney representing the Division.
There is hereby established a Development Review Appeals Board
(DRAB).
The DRAB shall have the following powers and duties under the
provisions of this Code:
a. to hear,
consider, and decide appeals, decisions of the Zoning Director on applications
for Certificates of Concurrency Reservation and Concurrency Exemption
Extension; and
b to hear and
decide appeals from, decisions of, and conditions imposed by the DRO with
regard to action taken on an application for a final Development Permit.
The DRAB shall consist of the Executive Director of PZB, County
Engineer, and County Attorney or Deputy County Attorney.
a. Chair and Vice-Chair
The Executive Director of PZB shall be the Chair of the DRAB.
b. Staff
PZB staff shall be the professional staff for the DRAB.
a. General
General meetings of the DRAB shall be held as needed to dispose
of matters properly before the DRAB. Special meetings may be called by the
Chair or in writing by two members of the DRAB. Staff shall provide 24-hour
written notice to all DRAB members.
There is hereby established an Environmental Appeals Board
(EAB).
The EAB has the following powers and duties:
a. to hear appeals
from certain requirements, interpretations, or determinations of Art. 15, Health
Regulations, made by the PBCHD or the Environmental Control Officer.
a. Qualifications
The EAB shall be composed of five members appointed by the
Environmental Control Board (ECB). The membership of the EAB shall consist of one
professional engineer registered by the State of Florida and nominated by the
Palm Beach branch of the American Society of Civil Engineers, one water
resource professional employed by SFWMD, one drinking water engineer employed
by the FDEP, one member of the Gold Coast Builders Association, and one
attorney nominated by the PBC Bar Association. [Ord. 2011-016]
b. Terms of Office
All EAB members shall serve a term of three years. Beginning on
or after March 2, 2013, no person shall be appointed or reappointed to this
Board for more than three consecutive terms. [Ord. 2014-001]
a. Secretary
PBC Environmental Control Officer shall provide a staff person
to the EAB and that staff member shall be designated as Secretary of the EAB.
b. Staff
The PBCHD shall be the professional staff of the EAB.
a. General or Special Meetings
General meetings of the EAB shall be held no less frequently
than once every 60 days. Special meetings may be called by the Chair of the
EAB, or in writing by a majority of the members of the Board. Staff shall
provide 24-hour written notice to each EAB member for a special meeting.
There is hereby established an Environmental Control Hearing
Board (ECHB).
The ECHB has the following powers and duties:
a. to conduct
hearings into the merits of alleged violations to Sections promulgated under Chapter
77-616, Special Acts, Laws of Florida, and PBC Ord.
No. 78-5, as amended; and
b. after due
public hearing, to reach a decision setting forth such findings of fact and
conclusions of law as are required in view of the issues presented. The
decision shall contain an order which may be framed in the manner of a writ of
injunction requiring the violator to conform to either or both of the following
requirements:
1) to refrain from
committing, creating, maintaining, or permitting the violations;
2) to take such
affirmative action as the ECHB deems necessary and reasonable under the
circumstances to correct such violation;
3) to issue orders
imposing civil penalties of up to $500 dollars for each day of violation;
4) to issue
subpoenas to command the appearance of any person before a hearing at a
specified time and place to be examined as a witness. Such subpoenas may
require such person to produce all books, papers and documents in that person's
possession or under that person's control, material to such hearings; and,
5) to administer
oaths to any or all persons who are to testify before the ECHB.
The ECHB shall be composed of five members. The membership of
the ECHB shall consist of one attorney recommended by the PBC Bar Association; one
medical doctor recommended by the PBC Medical Society; one engineer recommended
by the PBC chapter of the Florida Engineering Society; and two citizens at-large.
a. Secretary
The Environmental Control Officer shall serve as Secretary of
the ECHB.
b. Staff
The PBCHD shall be the professional staff of the ECHB.
General meetings of the ECHB shall be held no less frequently
than every 45 days. The ECHB may set the date of future meetings during any
meeting. Special meetings may be called by the Chair of the ECHB, or in writing
by a majority of the members of the Board. Staff shall provide 24-hour written
notice to each ECHB member for a special meeting.
Beginning on or after March 2, 2013, no person shall be
appointed or reappointed to this Board for more than three consecutive terms. [Ord.
2014-001]
There is hereby established a Groundwater and Natural Resource
Protection Board (GNRPB).
The GNRPB shall have the following powers and duties:
a. to hold hearings as necessary to enforce Art. 14, Environmental Standards. ERM may refer alleged violations of Art. 14, Environmental Standards, and applicable Art. 4.B.10, Excavation Uses, Ord. No. 2003-020, Petroleum Storage Systems, Ord. No. 2003-021, Petroleum Contamination Cleanup Criteria, Ord. No. 2004-050, Stormwater Pollution Prevention, Ord. No. 94-13, Natural Areas, and Ord. No. 93-3, Water and Irrigation Conservation as
amended to the GNRPB, if there has been a failure to correct a violation within
the time specified by the Code Inspector, if the violation has been repeated,
or is of such a nature that it cannot be corrected; [Ord. 2006-004] [Ord.
2010-022] [Ord. 2017-007]
b. to adopt rules
of procedure for the conduct of hearings;
c. to issue
subpoenas compelling the presence of persons at Board hearings. Subpoenas may
be served by the PBC Sheriff's Department, or other authorized persons
consistent with Florida Law;
d. to issue
subpoenas compelling the provision of evidence at GNRPB hearings;
e. to take
testimony under oath;
f. to issue
orders having the force of law commanding whatever steps are necessary to
achieve compliance with the violation of Art. 14, Environmental Standards;
g. to lien
property; and,
h. to assess
administrative fines and costs pursuant to Art. 14, Environmental Standards.
a. Qualifications
The GNRPB shall be composed of seven members appointed by the
BCC upon a recommendation by the organization listed in Table 2.G.3.F, GNRPB
Membership. The membership of the Board shall consist of a professional
engineer registered by the State of Florida, an attorney licensed to practice
in Florida, a hydrologist or a hydrogeologist, a citizen possessing expertise
and experience in managing a business, a biologist or a chemist, a member of an
environmental organization, and a concerned citizen. [Ord. 2011-001]
|
Table 2.G.3.F – GNRPB Membership
|
|
Affiliation
|
|
|
Professional Engineer
|
Palm Beach
Chapter Florida Engineering Society
|
|
Attorney
|
Palm Beach County
Bar Association
|
|
Hydrologist or
Hydrogeologist
|
Florida
Association of Professional Geologists Society
|
|
Citizen with Business
Management Expertise
|
At-Large
|
|
Biologist or Chemist
|
Florida
Association of Environmental Professionals
|
|
Environmental
Organization
|
Native Plant
Society
|
|
Concerned Citizen
|
At-Large
|
|
[Ord. 2011-001]
|
b. Terms of Office
All members shall serve a term of three years. Beginning on or
after March 2, 2013, no person shall be appointed or reappointed to this Board
for more than three consecutive terms. [Ord.
2014-001]
The Director of ERM shall serve as Secretary of the GNRPB. ERM
shall be the professional staff of the GNRPB.
a. General
General meetings of the GNRPB shall be held no more frequently
than once every month. Special meetings may be called by the Chair of the
GNRPB, or in writing by a majority of the members of the Board. Staff shall
provide 24-hour written notice to each Board member prior to a special meeting.
The County Administrator may, from a pool selected by the BCC,
appoint one or more hearing officers to hear and consider such matters as may
be required under any provision of this Code or under any provision of any
other Palm Beach County Ordinance as may be determined to be appropriate by the
BCC from time to time. Such hearing officers shall be selected pursuant to the
procedures and minimum qualifications provided for in Art. 2.G.3.B, Code
Enforcement Special Master, and shall serve at the pleasure of the BCC for
such period as is determined by the Board. Code Enforcement Special Masters may
serve ex officio as Hearing Officers as set forth in this Section. [Ord.
2010-022] [Ord. 2015-006]
A hearing officer shall have the following duties:
a. to conduct
hearings and issue administrative orders on such matters as may be requested by
the BCC;
b. to issue
subpoenas to compel the attendance of witnesses and production of documents,
and to administer oaths to witnesses appearing at the hearing; and,
c. to perform such
other tasks and duties as the BCC may assign.
There is hereby established a Historic Resources Review Board
(HRRB).
The HRRB shall have the following powers and duties under the
provisions of this Code:
a. develop,
administer and update an accurate inventory of historic resources in
unincorporated PBC and on PBC owned property in municipalities. The inventory
shall be used to formulate a map of historic district boundaries and
historically significant properties meriting protection to be incorporated into
the land use element of the Plan;
b. pursuant to Art. 9.B, Historic Preservation Procedures, nominate and
accept nominations for public and private properties for designation and
regulate and administer such properties, structures, buildings, sites,
districts, etc. so designated as historic sites and/or districts. The
Department, in conjunction with the HRRB, shall establish a schedule for
nominations for public and private properties for designation;
c. participate in
the National Register program in Florida to the greatest possible extent, as
defined by the 1981 and subsequent amendments to the Historic Preservation Act
of 1966 and regulations and rules drafted pursuant to those amendments by the
National Park Service and the Florida State Bureau of Historic Preservation;
d. act as a
regulatory body to approve, deny or modify Certificates of Appropriateness as
specified by Art. 9,
Archaeological and Historic Preservation;
e. make
recommendations concerning amendments to the Plan, this Code, Building and
other development related codes as they relate to the preservation of Historic
Resources;
f. make
recommendations regarding historic and archeological resources on property
owned by PBC;
g. pursuant to Art. 9.B.4.B, Waiver of the Code Provisions,
review and comment to the BCC concerning waiver of Code provisions for
properties within historic districts and for properties designated as historic
or archaeological sites or listed on the PBC Register of Historic Places; [Ord. 2012-027]
h. develop, establish,
and administer guidelines concerning contemporaneous architectural styles,
colors, building materials and so forth for historic sites and historic
districts. Such guidelines will be subject to approval by the BCC;
i. coordinate
with other entities to support increased public awareness of the value of
historic preservation;
j. after PBC
qualifies as a Certified Local Government, make recommendations to PBC
Commission concerning the use of grants from Federal and State agencies, to
augment PBC funding in order to promote the preservation and conservation of
archaeological sites of historic significance, historic sites and historic
districts;
k. cooperate and
coordinate with Property Owners, public and private organizations, businesses,
and other individuals to help ensure the conservation and preservation of
archaeological sites, contents within said sites, buildings, structures, and
districts of historic significance, especially those for which demolition or
destruction is proposed;
l. create and approve
the design of standardized historic markers and plaques and issue recognition
to designated historic sites and historic districts within PBC;
m. execute any
other needed and appropriate historic resource preservation functions which may
be approved by the BCC;
n. develop and
administer a Historic Preservation Manual for PBC to help Property Owners
fulfill the regulations and requirements of this Ordinance;
o. hear, consider,
and approve, approve with conditions or deny applications for Certificate to
Dig;
p. make
recommendations to the BCC regarding proposed amendments to the map of known
archeological sites;
q. initial
resources shall be dedicated to those functions which shall qualify PBC as a
Certified Local Government;
r. make every
effort to be represented at meetings, conferences and workshops pertaining to
the functions of the HRRB scheduled by the State Historic Preservation offices
or the Florida Conference of Preservation Boards and Commissions;
s. seek expertise
or proposals of matters requiring evaluation by a professional of a discipline
not represented on the HRRB; and,
t. the HRRB's
responsibilities shall be complementary to the powers of the State Historic Preservation
Office.
a. Qualifications
There shall be nine members of the HRRB. Members of the HRRB
shall be residents of PBC, Florida and demonstrate an interest in local
history. One member with professional experience shall be appointed from each
of the following five professional disciplines: history, architecture,
archeology, architectural history and historic architecture. Other historic
preservation related disciplines, such
as Urban Planning, American Studies, American Civilization, Cultural Geography
or Cultural Anthropology shall be considered when choosing appointments for
these five of the nine members of the HRRB. Each of these five positions shall
meet the requirements outlined in the Professional Qualifications Standards of
the Florida Certified Local Government Guidelines. In addition to the above five
positions, there shall be a sixth person with a demonstrated interest, degree
or experience in one of the above professional disciplines who is also a
resident of the area of PBC West of Twenty Mile Bend, including any of the
incorporated or unincorporated communities in proximity to Lake Okeechobee.
There are no specific requirements for the other three positions as a
prerequisite to appointment but consideration shall be given to the following
with a demonstrated interest in history, architecture or related disciplines:
business person, engineer, contractor in a construction trade, landscape
architect, urban planner, attorney, and resident of areas identified by 1990
PBC Historic Sites Survey as containing 25 or more structures with potential
for historic preservation. Persons seeking appointment to the HRRB shall be
willing to invest time to assist staff in site evaluations, establishing
priorities, public education efforts, survey and planning activities of the
Certified Local Government Program and the other responsibilities of the HRRB.
Board members shall attend pertinent educational conferences and seminars.
b. Appointment
The members of the HRRB shall be appointed at-large by the BCC.
c. Terms of Office
Each appointment shall be made for a term of three years. Any
member may be reappointed upon approval of the BCC as provided for herein. [Ord. 2013-001]
a. Secretary
The Planning Director of the PZB shall serve as Secretary to the
HRRB.
b. Staff
The Planning Division shall be the professional staff of the
HRRB. The Board shall make every effort to minimize demands on staffing in
consideration of budgetary constraints.
a. General
General meetings of the HRRB shall be held at least four times
per year. Special meetings may be called by the Chair of the HRRB, or in
writing by a majority of the members of the Board. Staff shall provide 24-hour
written notice to each Board member prior to a special meeting. [Ord. 2020-001]
b. Quorum
The presence of a majority of the appointed members of the HRRB
shall constitute a quorum necessary to take action and transact business. [Ord. 2020-001]
There is hereby created an Impact Fee Review Committee (IFRC).
The IFRC shall have the following powers and duties under the
provisions of this Code:
a. submit a Report
to the BCC whenever PBC conducts a full review or update of the impact fee
system relating to:
1) the implementation of Art. 13, Impact Fees;
2) actual levels
of service for the impact fees exacted in Art. 13, Impact Fees;
3) the collection,
encumbrance, and expenditure of all impact fees collected pursuant to Art. 13, Impact Fees;
4) the validity
and assumptions in the technical memoranda used to support the impact fee
schedules in Art. 13, Impact Fees; and,
5) any recommended amendment to Art. 13, Impact Fees.
b. review
amendments to Art. 13, Impact Fees prior to
their consideration by the BCC; and,
c. perform such
other duties as the BCC deems appropriate.
a. Qualifications
The IFRC shall be composed of seven members and three alternate
members appointed by the BCC. The membership of the IFRC shall include three
representatives from municipalities within PBC, three representatives from the
business community, and one member selected at-large. The voting membership of
the IFRC shall include three representatives from municipalities within PBC three
representatives from the business community, and one member selected at-large. The
alternate members shall include one representative from each of the three
categories above. An alternate member shall be authorized to vote in place of
an absent voting member appointed from the same category and shall count toward
a quorum.
a. Secretary
The Impact Fee Coordinator shall serve as Secretary of the IFRC.
a. General or Special Meetings
General meetings of the IFRC shall be held as needed consistent
with its powers and duties. Special meetings may be called by the Chair of the
IFRC, or in writing by a majority of appointed members of the IFRC. 24-hour
written notice shall be given to each IFRC member for a special meeting.
Beginning on or after March 2, 2013, no person shall be
appointed or reappointed to this Board for more than three consecutive terms. [Ord.
2014-001]
There is hereby established a Planning Commission (PLC). [Ord.
2008-003]
a. to serve as the Local Planning Agency (LPA)
per F.S. § 163.3174, and to provide recommendations on the
preparation of the Plan, or any element or portion thereof, and any text
amendments thereto to the BCC;
b. to initiate,
review, hear, consider, and make recommendations to the BCC to approve, approve
with conditions, approve with
modifications, or deny applications to amend the Plan, including Site
Specific (Future Land Use Map) amendments to the Plan; [Ord. 2018-002] [Ord.
2018-002]
c. to make its
special knowledge and expertise available upon written request and
authorization of the BCC to any official, department, board, commission or
agency of PBC, the State of Florida or Federal Governments;
d. to make
additional or amended rules of procedure not inconsistent with this Section to
govern the PLC's proceedings; [Ord.
2008-003]
e. to make studies
of the resources, possibilities and needs of PBC and to report its findings and
recommendations, with reference thereto, from time to time, to the BCC;
f. to submit an
Annual Report to the BCC summarizing its annual activities; and,
g. to review and
make recommendations to the BCC on Transportation Concurrency Management Area
(TCMA) and Constrained Road at Lower Levels of Service (CRALLS) or a major
thoroughfare on which a lower LOS is set pursuant to Art. 12, Traffic Performance Standards.
a. BCC Appointed Members
The PLC shall be comprised of 16 members; 15 BCC appointed
members and one representative of the School District of PBC. [Ord. 2008-003]
1) Qualifications
Although no specific experience requirements shall be necessary
as a prerequisite to appointment, consideration shall be given to Applicants
who have experience or education in planning, law, architecture, natural
resource management, real estate, and related fields.
2) Appointment
Although no specific experience requirements shall be necessary
as a prerequisite to appointment, consideration shall be given to Applicants
who have experience or education in planning, law, architecture, natural
resource management, real estate, and related fields.
3) Terms of Office
Members of the PLC shall hold office until the first Tuesday
after the first Monday in June of the year their term expires. Beginning on or
after March 2, 2013, no person shall be appointed or reappointed to this Board
for more than three consecutive terms. [Ord.
2008-003] [Ord. 2014-001]
b. School District Member
The School District of PBC shall appoint a representative to
attend those meetings at which the PLC will consider a Plan amendment which
would, if approved, increase residential density of the property that is the
subject of the application. The school member shall be a non-voting member and
shall not count toward quorum. [Ord.
2008-003]
a. Chair and Vice-Chair
The Chair and Vice Chair positions shall rotate annually and
shall only be held by regular members. No Board member shall serve consecutive
terms as Chair or Vice-Chair. [Ord.
2008-003]
b. Secretary
The Planning Director of PZB shall serve as Secretary of the
PLC. The Secretary shall keep minutes of all proceedings, which minutes shall
be a summary of all proceedings before the PLC, which shall include the vote of
all members upon every question, and be attested to by the Secretary. The
minutes shall be approved by a majority of the PLC members voting. In addition,
the Secretary shall maintain all records of PLC meetings, hearings,
proceedings, and the correspondence of the PLC. The records of the PLC shall be
stored with the agency serving as Secretary herein, and shall be available for
inspection by the public, upon reasonable request, during normal business
hours. [Ord. 2008-003]
c. Staff
The Planning Division of PZB shall be the professional staff of
the PLC. The Planning Division Staff shall be responsible for, providing a
recommendation to the PLC on all items scheduled for its consideration. Plan
amendments, including amendments to any maps included as part of the Plan. [Ord. 2008-003]
a. The agenda of
the PLC sitting as the LPA shall be as prepared and presented by the PBC
Planning Division and such agenda shall not be deviated from without a
two-thirds vote of a quorum of the LPA. [Ord.
2008-003]
b. Failure of the
LPA to make a recommendation on any Plan Amendment to the BCC prior to the
final transmittal hearing of the amendments shall constitute the item being
sent to the BCC with an LPA recommendation of denial pursuant to F.S. § 163.3174, as may be amended
from time to time.
c. Quorum and Voting
The presence of a majority of the appointed members of the Board
shall constitute a quorum necessary to take action and transact business. All
actions shall require a simple majority of the quorum present and voting at the
meeting. In the event of a tie vote, the motion shall fail. No member shall
abstain from voting unless the member has a voting conflict pursuant to State
of Florida law. [Ord. 2020-001]
General meetings of the PLC shall be held as needed to dispense
of matters properly before the PLC. Special meetings may be called by the Chair
or in writing by a majority of the members of the PLC. Staff shall provide 24-hour
written notice to each PLC member before a special meeting is convened. [Ord.
2008-003]
There is hereby established a Traffic Performance Standards
Appeals Board (TPSAB).
The TPSAB shall have the following powers and duties under the
provisions of this Code:
a. to hear and
decide appeals from decisions of PBC Engineer or a Municipal Engineer pursuant
to Art. 12, Traffic Performance Standards;
and
b. to issue
subpoenas to compel attendance of witnesses and production of documents.
a. Qualifications
There shall be five members of the TPSAB appointed by the BCC.
They shall consist of the Director of the Metropolitan Planning Organization
(MPO), a professional Traffic Engineer employed by a municipality in PBC as a
Traffic Engineer, a professional Traffic Engineer employed by another Florida
County, a professional Traffic Engineer employed by FDOT District IV, and a professional Traffic Engineer who generally
represents developers. Any person serving on the TPSAB shall not be a person
who participated in the decision being appealed, or shall not work for or be
retained by a party to an appeal, or be a person who would be directly affected
by the matter being appealed. The members of this board do not have to be PBC
residents.
b. Terms of Office
All TPSAB members shall serve a term of four years.
c. Vacancy
When a TPSAB member resigns or is removed, the BCC shall fill
the vacancy within 20 working days.
a. Staff
The County Engineer’s office shall be the professional staff of
the TPSAB.
a. General or Special Meetings
General meetings of the TPSAB shall be held as needed to
dispense of matters properly before the TPSAB. Special meetings may be called
by the Chair of the TPSAB, or in writing by three members of the Board. Staff
shall provide 24-hour written notice to each TPSAB member for a special
meeting.
There is hereby established a Zoning Commission (ZC).
The ZC shall have the following powers and duties under the
provisions of this Code.
a. to initiate,
review, hear, consider, and make recommendations to the BCC to approve, approve
with conditions, or deny applications to amend the Official Zoning Map, Class A
Conditional Use, Development Order Amendment (DOA) of a prior DO approved by
the BCC, Type 2 Waiver, and Unique Structure; [Ord. 2009-040] [Ord. 2019-005]
b. to review,
hear, consider, and approve, approve with conditions, or deny applications for Development
Permits for Class B Conditional Uses and Type 2 Variance applications; [Ord. 2006-036] [Ord. 2018-002]
c. to review,
hear, consider, and approve, approve with conditions, or deny applications for Development
Orders for DOA for a prior approved DO approved by the ZC; [Ord. 2018-002] [Ord. 2019-005]
d. to review,
hear, consider, and approve, approve with conditions, or deny applications for
ABN; [Ord. 2018-002]
e. to review,
hear, consider, and approve, approve with conditions, or deny applications for
Status Reports; [Ord. 2018-002]
f. to review,
hear, consider, and approve, approve with conditions, or deny applications for
Unique Structures; [Ord. 2018-002]
g. to review,
hear, consider, and approve, or deny applications for Corrective Resolutions; [Ord. 2018-002]
h. to make its
special knowledge and expertise available upon request of the BCC to any
official, department, board, commission or agency of PBC, the State of Florida
or Federal Government;
i. to make
studies of the resources, possibilities and needs of PBC and to report its
findings and recommendations, with reference thereto, from time to time, to the
BCC;
j. to recommend
to the BCC additional or amended rules of procedure not inconsistent with this
Section to govern the ZC’s proceedings; [Ord.
2006-036]
k. to consider and
render a final decision on appeals of Green Architecture application; and, [Ord. 2009-040] [Ord. 2011-016] [Ord.
2018-002]
l. to hear,
consider, and decide appeals from decisions of the DRO on applications for Type
1 Waivers, except URAO. [Ord. 2011-016]
[Ord. 2012-027]
a. BCC
Appointed Members
The ZC shall be
composed of nine members, to be appointed by the BCC. Each member of the BCC
shall appoint one member to the ZC. The remaining two members shall be
appointed by a majority vote of the BCC. [Ord.
2009-040]
1) Qualifications
a) Consideration shall be given to Applicants
who have experience or education in planning, law, architecture, landscape
architecture, interior design, land planning, natural resource management, real
estate, and related fields. [Ord. 2009-040]
b) The two members appointed by a majority vote
of the BCC shall be architects registered in the State of Florida and shall be
nominated by the PBC Chapter of the American Institute of Architects. [Ord.
2009-040]
2) Terms of Office
Members of the ZC shall
hold office until the first Tuesday after the first Monday in February of the
year their term expires. Beginning on or after March 2, 2013, no person shall
be appointed or reappointed to this Board for more than three consecutive
terms. [Ord. 2009-040] [Ord. 2014-001]
a. Chair
and Vice Chair
No member shall serve
as Chair for more than two consecutive terms.
b. Quorum
and Voting
A simple majority of a
quorum shall be necessary in order to forward a formal recommendation of
approval, approval with conditions, denial, or other recommendation to the BCC.
A simple majority shall be necessary for the ZC to make a final decision approving
an application for a Development Permit. In the event the ZC fails to make a
final decision due to a tie vote, the petition shall be continued to the next
meeting. After a second tie, the proposed motion shall be considered to have
failed.
a. General
General meetings of the
ZC shall be held as needed to dispense of matters properly before the ZC.
Special meetings may be called by the Chair or in writing by a majority of the
members of the ZC. Staff shall provide 24-hour written notice to each ZC member
before a special meeting is convened.
The Building Director of PZB shall be the division head of the
Building Division of PZB, and shall be appointed and serve at the pleasure of
the Executive Director of PZB, subject to the provisions of Chapter 1
(Administration) of the Florida Building Code with PBC Amendments.
In addition to the Jurisdiction, Authority, and Duties which may
be conferred upon the Building Official of PZB by other provisions of the PBC
Code, the Building Official of PZB shall have the following jurisdictions,
authority and duties under this Code: [Ord. 2011-016]
a. to
interpret Art. 18, Flood Damage Prevention
when the Building Official is also the Flood Damage Prevention Administrator; [Ord. 2011-016]
b. to
interpret Art. 5.B.1.C, Temporary
Structures; [Ord.
2019-005]
c. to
review and approve, approve with conditions, or deny applications for Development
Permits for Building Permits; and,
d. to
review and approve, approve with conditions, or deny applications for
Development Permits for Certificates of Occupancy or Completion.
The Code Enforcement
Director shall be the head of enforcement of this Code, and shall be appointed
and serve at the pleasure of the Executive Director of PZB.
In addition to the Jurisdiction,
Authority, and Duties which may be conferred upon the Code Enforcement Director
of PZB by other provisions of the PBC Code, the Code Enforcement Director of
PZB shall have the following jurisdictions, authority and duties under this
Code:
a. to monitor and assist in the enforcement of
this Code; and
b. to ensure compliance with conditions of a Development
Order.
The PBC Administrator
shall be the head of the PBC Staff, and shall be appointed and serve at the
pleasure of the BCC.
In addition to the
jurisdiction, authority, and duties which may be conferred upon the PBC
Administrator by other provisions of the PBC Code and PBC Charter, the County Administrator shall have the
following jurisdiction and authority under this Code:
a. to administer PBC administrative officials
charged with regulatory authority under this Code;
b. to appoint Hearing officers as set forth in Art. 2.G.3.G, Hearing
Officers; and,
c. to approve, approve with conditions, or deny,
applications for murals. [Ord. 2013-021]
In addition to the Jurisdiction,
Authority, and Duties which may be conferred upon the County Attorney by other
provisions of the PBC Code and PBC Charter, the County Attorney and his/her designated
Staff shall have the following jurisdictions, authority, and duties under this
Code:
a. to review and approve as to form and legal
sufficiency all orders and resolutions issued by all decision making and
administrative bodies described in this Article;
b. to review and approve as to form Agreements,
PDD Agreements, easements, declarations of covenants, letters of credit,
performance bonds or other such documentation in connection with any
requirement of this Code; and,
c. to advise the BCC, PBC Departments, and the
decision making and administrative bodies, in regard to the legal issues which
may arise in the implementation of this Code and the Plan.
The County Engineer
shall be the agency head of the Department of Engineering and Public Works
(DEPW), and shall be appointed and serve at the pleasure of the County
Administrator.
In addition to the Jurisdiction,
Authority, and Duties which may be conferred upon the County Engineer by other
provisions of the PBC Code and PBC Charter, the County Engineer shall have the
following jurisdictions, authority and duties under this Code:
a. to
review and render interpretations to Art.
6.B.3.A.2.a.3), Driveways and Access, Art.
11, Subdivision, Platting, and Required Improvements,
and Art.
12, Traffic Performance Standards;
b. to review and approve or deny applications
for Technical Compliance for Subdivision;
c. to review applications and approve Development
Orders for Land Development Permits;
d. to review and acknowledge the completion of
Required Improvements for Subdivision;
e. to review and approve or deny applications
for Development Permits for Final Plats of subdivisions, including replats of
lands within record plats previously approved for recording by Resolution of
the BCC, and approve such plats on behalf of PBC for recordation in the public
records. Said approval authority may be delegated only as follows:
1) to either the Deputy County Engineer or the
Assistant County Engineer during a prearranged absence of the County Engineer,
such as for vacation or seminar attendance, for a period of five or more
consecutive days, provided that said delegation shall be in writing and signed
by the County Engineer; or
2) to the Deputy County Engineer in the event
that the County Engineer is absent or otherwise incapacitated for a period of five
or more days due to an emergency or other unforeseen circumstances, provided
that said delegation shall be in writing and signed by the County
Administrator.
The Clerk of the Circuit Court shall be
notified of each incident of delegation made pursuant to the above, and said
delegation shall terminate upon the County Engineer’s return to normal duty;
f. to review, consider, and approve, approve
with conditions, or deny requests for deviations from Art.
11, Subdivision, Platting, and Required Improvements within
the PO Zoning District; and, [Ord.
2007-013]
g. to accept maintenance responsibility on
behalf of PBC for those streets dedicated to the BCC on a duly approved plat of
record and constructed pursuant to a Land Development Permit for subdivision required
improvements.
The PBC Health
Department Director shall be the agency head of the PBC Health Department
(PBCHD) and shall be appointed by the Secretary of the Department of Health
after consultation with the State Health Officer and the District
Administrator, and concurrence by the BCC.
In addition to the Jurisdiction,
Authority, and Duties which may be conferred upon the PBC Health Department
Director by other provisions of the PBC Code, the PBC Health Department
Director shall have the following jurisdictions, authority and duties under
this Code:
a. to review, consider, enforce, and render
interpretations to Art. 15, Health
Regulations; and
b. to review and approve, approve with
conditions, or deny all applications for Development Permits pursuant to Art. 15, Health Regulations.
There is hereby established a Development Review Officer (DRO).
The DRO shall have the following powers and duties under the
provisions of this Code:
a. to coordinate
all PAC and PAA; [Ord. 2018-002]
b. to accept,
review, approve, and update all applicable application requirements; [Ord.
2018-002]
c. to accept and
determine sufficiency of applications for review, certify, and prepare staff
reports recommending approval, approval with conditions, or denial of
applications for Rezonings, Class A and Class B Conditional Uses, Type 2
Waivers, and Type 2 Variances; [Ord.
2017-007] [Ord. 2018-002]
d. to accept
applications for review and approve, approve with conditions, or deny
applications for applications subject to Administrative processes pursuant to Table 2.C.3, DRO,
Administrative Processes; [Ord. 2018-002]
e. to request
other PBC Officials and other agencies to provide factual information on
applications for Development Permits as is deemed appropriate; [Ord. 2011-016] [Ord. 2018-002]
f. to review,
consider, and finalize Zoning Plans that were approved by the BCC or ZC; [Ord.
2018-002]
g. to hear,
review, consider, and approve, approve with conditions, or deny applications
for Development Orders for Final Subdivision or Site Plans; [Ord.
2018-002]
h. to hear,
review, consider, and approve, approve with conditions, or deny applications
for TDR’s for subdivisions requesting a two-unit per acre or less density
increase pursuant to Art. 5.G.3,
Transfer of Development of Rights (TDRs) – Special Density Program; and, [Ord.
2018-002]
i. to recommend
to the BCC additional or amended rules of procedure not inconsistent with his
Section to govern the DRO. [Ord.
2011-016] [Ord. 2018-002]
a. The DRO may
seek comments and recommendations from the following PBC Departments and Divisions,
as well as other Local Government and State Government agencies, as deemed
appropriate by the DRO: [Ord. 2008-037]
1) Zoning
Division;
2) Building
Division; [Ord. 2018-002]
3) Department of
Airports; [Ord. 2018-002]
4) Department of
Environmental Protection (DEP) for Type 3 Excavation; [Ord. 2018-002]
5) Engineering
Department; [Ord. 2018-002]
6) Environmental
Resources Management Department; [Ord. 2018-002]
7) Fire-Rescue
Department; [Ord. 2018-002]
8) Housing and
Community Development (HCD); [Ord. 2018-002]
9) Lake Worth
Drainage District; [Ord. 2018-002]
10) Parks and
Recreation Department; [Ord. 2018-002]
11) PBC HD; [Ord.
2018-002]
12) PBC School
Board; [Ord. 2018-002]
13) Planning
Division; [Ord. 2018-002]
14) PREM; and, [Ord.
2018-002]
15) Water Utilities
Department. [Ord. 2018-002]
b. Recommendations
and comments shall be forwarded to the DRO no less frequently than two times a
month to dispose of matters properly and may be called for by the DRO.
a. DRO
The Executive Director of PZB shall designate a DRO for
overseeing different types of Zoning applications and processes. [Ord.
2018-002]
b. Secretary
The DRO shall designate a Secretary. The Secretary shall maintain
all records of the DRO. The records shall be stored with the agency serving as
Secretary herein, and shall be available for inspection by the public, upon
reasonable request, during normal business hours.
c. Staff
The Zoning Division of PZB shall be the professional staff for
the DRO.
d. Certification for Public Hearing
Processes
All actions by the DRO shall be in accordance with the
procedures established in Art.
2.A, General and Art.
2.B, Public Hearing Processes. [Ord. 2018-002] [Ord. 2020-001]
e. Approval for Administrative
Processes
All actions by the DRO shall be in accordance with the
procedures established in Art.
2.A, General and Art.
2.B, Public Hearing Processes. [Ord. 2018-002] [Ord. 2020-001]
f. Record of DRO
Upon request, the DRO may provide, at cost, copies of
recommendations upon which a decision is based.
g. Appeal
Appeal of any decision of the DRO shall be made to the DRAB
based on the requirements in Art. 2.A.14.C.2.b, Administrative
DO, unless stated otherwise. [Ord.
2011-016]
The Director of the
Department of Environmental Resources Management (ERM) shall be the agency head
of the ERM, and shall be appointed and serve at the pleasure of County
Administrator.
In addition to the Jurisdiction,
Authority, and Duties which may be conferred upon the Director of ERM by other
provisions of the PBC Code and PBC Charter, the Director of ERM shall have the
following jurisdictions, authority and duties under this Code:
a. to review, consider, and render
interpretations to Art. 14, Environmental Standards;
b. to review and approve, approve with
conditions or deny applications for development or permits for sea turtle
protection and sand preservation, wetlands protection, wellfield protection,
upland vegetation preservation and protection, Agricultural Excavation in the
WCAA, water and irrigation conservation, stormwater pollution prevention, and
other Ordinances as may be assigned by the BCC; [Ord. 2017-007]
c. to initiate enforcement action pursuant to Art. 14, Environmental Standards, whenever evidence has been obtained or
received establishing that a violation has been committed. The Director of ERM
shall issue a notice to correct the violation, a citation to cease the
violation, or a notice of violation and cause same to be served upon the
violator;
d. to terminate an investigation or an
enforcement action commenced under the provisions of Art. 14, Environmental Standards, and to resolve the alleged violations by
execution of a written consent (settlement) agreement between PBC and the
person(s) who is/are the subject of the investigation or action. The consent
agreement shall provide written assurance of voluntary compliance with all the
applicable provisions of the Code by said person(s). The consent agreement may,
at the discretion of the Director of ERM, provide the following: remedial or
corrective action; environmental mitigation; compensatory damages; punitive
damages; civil penalties; costs and expenses of PBC in tracing the source of
any discharge, in controlling and abating the source of the pollutants and the
pollutants themselves, and in restoring the waters and property, including
animal, plant and aquatic life of PBC to their former conditions; and costs of
PBC for investigation, enforcement, testing, monitoring, and litigation
executed written consent agreements are hereby deemed to be lawful orders or
contracts of PBC; and,
e. to refer unresolved violations to the
appropriate enforcement board or to make recommendations to the BCC for
initiation of suits in the appropriate courts of competent jurisdiction.
The Director of the
Land Development Division of the DEPW shall be the division head of the Land
Development Division of DEPW, and shall be appointed and serve at the pleasure
of County Engineer.
In addition to the Jurisdiction,
Authority, and Duties which may be conferred upon the Director of the Land
Development Division by other provisions of the PBC Code, the Director of the
Land Development Division shall have the jurisdiction, authority and duty under
this Code to administer PBC Staff review of Art. 11, Subdivision, Platting, and Required
Improvements.
The Director of the
Parks and Recreation Department shall be the agency head of the PBC Parks and
Recreation Department and shall be appointed and serve at the pleasure of PBC
Administrator.
In addition to the
jurisdiction, authority, and duties which may be confirmed upon the Director of
Parks and Recreation by other provisions of the PBC Code and PBC Charter, the Director of Parks and Recreation shall
have the following jurisdiction, authorities, and duties under this Code:
a. to review and render interpretations on park
related land development regulations and to assure park related land
development regulations are met; and
b. to administer the Parks and Recreation
Department, including the Parks Division and the Recreation Division.
The Executive Director
of PZB shall be the agency head of the PZB, and shall be appointed and serve at
the pleasure of County Administrator.
In addition to the jurisdiction, authority, and duties which may
be conferred upon the Executive Director of PZB by other provisions of the PBC
Code and PBC
Charter, the Executive Director of PZB shall have the following
jurisdiction, authorities, and duties under this Code:
a. to review and
render interpretations to all provisions of this Code and the Official Zoning
Map, except for those articles listed under Art. 1.B.1.A, Authority. The PZB Executive Director may
delegate interpretation of articles subject to his/her authority and Official
Zoning Map to the appropriate Division Director within the Department; [Ord. 2011-016]
b. to administer
PBC’s TDR Program including accepting applications, and reviewing and preparing
staff reports recommending approval, approval with conditions, or denial of
applications for receiving area designation;
c. to administer
the PZB Department, including the Planning Division, the Zoning Division, the
Building Division, the Code Enforcement Division, the Contractors Certification
Division and the Administrative Division; [Ord.
2012-027] [Ord. 2018-002]
d. to waive or
modify development review fees upon demonstration that the Applicant is
indigent pursuant to PBCHD standards, or the Applicant can demonstrate review
fees are in excess of actual Staff costs; and, [Ord. 2012-027] [Ord. 2018-002]
e. to waive
certain requirements as may be stated within this Code when a state of
emergency is declared. [Ord. 2012-027]
The Impact Fee Coordinator shall be responsible for the
administration of PBC's impact fee program, and shall be appointed and serve at
the pleasure of the Director of the Office of Financial Management and Budget.
In addition to the Jurisdiction, Authority, and Duties which may
be conferred upon the Impact Fee Coordinator by other provisions of the PBC
Code, the Impact Fee Coordinator shall have the following jurisdictions,
authority and duties under this Code:
a. to review and render interpretations to Art. 13, Impact Fees;
b. to administrate Art. 13, Impact Fees;
c. to review and
approve or deny applications for independent calculation studies pursuant to Art. 13, Impact Fees;
d. to review and
approve or deny applications for credit pursuant to Art. 13, Impact Fees, with the input, assistance, and
approval of PBC department or agency receiving the impact fees for which the
credit is sought;
e. to provide
assistance to the IFRC;
f. to present
appeals to the IFAB;
g. to coordinate
PBC, municipalities, and agencies receiving impact fee funds; and,
h. to provide
technical assistance and advice to the municipalities in their administration
of Art. 13, Impact Fees.
The Planning Director of PZB shall be the division head of the
Planning Division of PZB, and shall be appointed and serve at the pleasure of
the Executive Director of PZB.
In addition to the Jurisdiction, Authority, and Duties which may
be conferred upon the Planning Director of PZB by other provisions of the PBC
Code, the Planning Director of PZB shall have the following jurisdictions,
authority and duties under this Code:
a. to undertake
the current and long range comprehensive planning responsibilities of PBC under
F.S. § 163.3161 et seq., as amended;
b. to review the
Plan every seven years;
c. to recommend
annually any necessary amendments to the Plan;
d. to accept,
review and prepare staff reports recommending approval, approval with
conditions, approval with modifications, or denial of applications for Site
Specific (FLUA) amendments to the Plan; [Ord.
2018-002]
e. to administer
the process of Development of Regional Impact (DRI) review for projects within
municipalities in PBC;
f. to review and
render interpretations of Art. 5.G, Density Bonus
Programs; [Ord. 2019-033]
g. to interpret
and decide on application for Entitlement Density and Intensity and Density for
Workforce Housing Program (WHP) and Affordable Housing Program (AHP); and, [Ord. 2011-016]
h. to interpret
the Agricultural Enclave Overlay (AGEO) Conceptual Plan. [Ord. 2011-016]
The Zoning Director of PZB shall be the division head of the
Zoning Division of PZB, and shall be appointed and serve at the pleasure of the
Executive Director of PZB.
In addition to the Jurisdiction, Authority, and Duties which may
be conferred upon the Zoning Director by other provisions of PBC Code, the
Zoning Director shall have the following jurisdictions, authority and duties
under this Code:
a. to set the Annual
Zoning Calendar, as required by Art. 2.A, General; [Ord. 2020-001]
b. to recommend
annually any necessary amendments to this Code;
c. to submit AI to
the BCC pursuant to Art.
2.C.5.J, Administrative Inquiry (AI). [Ord.
2011-016] [Ord. 2018-002]
d. to review and
approve or deny applications for Adequate Public Facilities (Concurrency); [Ord. 2016-016]
e. to revoke or
suspend, if necessary, any Development Order or permit which was issued in
violation of this Code; [Ord. 2016-016] [Ord.
2018-002]
f. to oversee the
preservation and maintenance of vegetation not covered under the provisions of Art. 14, Environmental
Standards, through design review, Conditions of Approval, and inspections; and,
[Ord. 2016-016]
g. review and approval or deny requests for time extensions described
under Art. 2.A, General, Art. 2.B, Public Hearing Processes, Art. 2.C, Administrative Processes, and Art. 2.D, ULDC Privately Initiated Amendment
(PIA). [Ord. 2020-001]
The purpose of this Chapter is to establish a review process for
proposed Site Specific amendments to change Future Land Use (FLU) designations
on the FLUA of the Palm Beach County Comprehensive Plan. [Ord. 2009-040]
[Ord. 2012-027] [Ord. 2018-002]
Pursuant to F.S. § 163.3184, the BCC may
adopt Site Specific FLUA amendments to change the FLU subject to the provisions
of this Section. [Ord. 2012-027] [Ord. 2018-002]
An application for a Site Specific FLUA amendment shall be
initiated only by the Property Owner of the parcel, the authorized agent of the
Property Owner or the BCC. An application for a Site Specific FLUA amendment
may also include a request for an associated text amendment to the
Comprehensive Plan subject to an additional fee set by the BCC. In order for
the requested text amendment to be processed, it must be initiated by the BCC
and the associated FLUA amendment application must be submitted and found
sufficient. [Ord. 2009-040] [Ord. 2012-027] [Ord. 2018-002]
The County accepts privately proposed applications for Large and
Small Scale Amendments up to four times per year as scheduled by the Planning
Director. Scheduled intake dates shall be announced in advance by the Planning
Director. Additional amendment intake dates outside the scheduled rounds
require approval by a supermajority vote of the BCC. [Ord. 2009-040] [Ord.
2012-027] [Ord. 2018-002]
The application for a FLUA amendment, and any associated text
amendment, shall be accompanied by a fee established by the BCC. Any request
for a refund shall be in writing, based upon the current PZB refund policy, and
approval by the Planning Director. [Ord. 2012-027] [Ord. 2018-002]
The purpose of the pre-application meeting is to identify issues
relating to the proposed application prior to the intake date. A
pre-application meeting with the Planning Division prior to the FLUA amendment
intake is mandatory. [Ord. 2012-027] [Ord. 2018-002]
An application for a Site Specific amendment shall be submitted
to the Planning Director along with application fees established by the BCC. [Ord.
2012-027] [Ord. 2018-002]
If a Small Scale land use amendment requires a Rezoning, Conditional
Use, Development Order Amendment, or Abandonment application(s), all
applications shall be reviewed concurrently and considered by the BCC at the
same public hearing. The Applicant shall submit a Site Plan or Conceptual Site Plan
as part of the zoning application(s). The complete zoning application must be
submitted at a scheduled zoning application intake within 45 calendar days of
receipt of the Small Scale land use amendment application. If a complete zoning
application is not timely submitted, the Small Scale land use amendment shall
be administratively withdrawn immediately. [Ord. 2009-040] [Ord. 2018-002]
a. General
The application shall be submitted in a form established by the
Planning Director. The application must contain applicable data and analysis to
substantiate any claims made within the application. Failure of an Applicant to
disclose relevant information shall serve as grounds for postponement by the
board holding the public hearing. [Ord.
2009-040] [Ord. 2018-002]
b. Amendments to the Application
After the amendment is determined to be sufficient for
processing, applications shall not be significantly modified unless requested
by the Planning Division. Significant changes to the application submitted
following a finding of sufficiency shall serve as grounds for administrative
postponement by the Planning Director to the next amendment round. Significant
changes to the application include, but are not limited to, changes to the
proposed Future Land Use designation, changes to proposed Conditions of
Approval, changes to associated private text amendments. Information provided
by an Applicant following the distribution of the staff report to the LPA shall
serve as grounds for postponement, as appropriate, of the public hearings by
the board holding the public hearing. [Ord.
2009-040] [Ord. 2018-002]
The Planning Director shall determine whether the application is
sufficient or insufficient within ten days of submittal by reviewing the
information required in the application and any additional data necessary to
evaluate the application. The determination of sufficiency shall be based upon
whether or not the application responds to all the requested information and
meets minimum application criteria, as provided by the Planning Director in the
application instructions. [Ord. 2009-040] [Ord. 2012-027 [Ord. 2018-002]
a. Sufficiency
If the application is determined to be sufficient, it shall be
reviewed pursuant to the procedures and standards of this Article. [Ord. 2012-027] [Ord. 2018-002]
b. Insufficiency
If an application is determined to be insufficient, the Planning
Director shall provide a written notice to the Applicant specifying the
deficiencies within ten working days of the receipt of the application. The
Planning Director shall take no further action on the application until the
deficiencies are remedied. If the deficiencies are not remedied within ten working
days of the notice of insufficiency, the application shall be administratively
withdrawn. [Ord. 2012-027] [Ord.
2018-002]
When the application is determined sufficient, the Planning
Director shall review the application, consult with other agencies, prepare a
staff report (which incorporates the comments of the other agencies), and make
a recommendation of approval, approval with conditions, approval with
modifications, or denial based on applicable data and analysis and consistency
with the Palm Beach County Comprehensive Plan. The Planning Director shall
publish a copy of the staff report online at least five working days prior to
the LPA public hearing. [Ord. 2009-040] [Ord. 2012-027] [Ord. 2018-002]
Notice of a proposed amendment for any public hearing shall be
provided by publication of advertisement, mailed or electronically transmitted
notice and posting as pursuant to the terms of this Section. The Planning
Director shall notify the Intergovernmental Plan Amendment Review Committee
(IPARC) of proposed land use amendments pursuant to the Plan Amendment
Coordinated Review Interlocal Agreement. [Ord. 2009-040] [Ord. 2012-027] [Ord. 2018-002]
a. Newspaper Publication
The required advertisements shall meet the requirements of F.S.
§ 163.3184(11)(b) and F.S.
§ 125.66(4)(b)2, as amended from time to time. [Ord. 2012-027] [Ord. 2018-002]
b. Courtesy Notice
A copy of such notice shall be kept available for public
inspection during regular business hours at the office of PZB. If the property
is undergoing a simultaneous land use change and rezoning, the notice for the
rezoning may be included in the notice required for the land use change.
Courtesy notices shall be mailed a minimum of 15 calendar days prior to the
date of the first public hearing by depositing such notice in the mail by first
class mail, properly addressed and postage. [Ord. 2012-027] [Ord. 2018-002]
1) Applicability
and Mailing Boundary
a) Property Owners
A courtesy “notice” of a proposed plan amendment shall be sent
to all owners of real property located within 500 feet of the periphery of the
subject site in the Urban/Suburban, Agricultural Reserve, and Glades Tiers, and
within 1,000 feet of the periphery of the subject site in the Exurban and Rural
Tiers, whose names and addresses are known by reference to the latest published
ad valorem tax records of PBC Property Appraiser, except that when real
property consists of a condominium, the courtesy notice shall be given to the
condominium association and all real Property Owners living within 500 feet. If
the area within 500 feet is owned by the Applicant or partner in interest, the
500-foot notification boundary shall be extended from these parcels. Notification
shall be sent to each owner as the ownership appears on the last approved tax
roll. [Ord. 2012-027] [Ord.
2018-002]
b) POAs and
Cooperatives
All POAs and Cooperatives located within 500 feet of the
periphery of the subject site in the Urban/Suburban, Agricultural Reserve, and
Glades Tiers, and within 1,000 feet of the periphery of the subject site in the
Exurban and Rural Tiers, shall be notified. [Ord. 2012-027] [Ord. 2018-002]
c) Municipalities
and Counties
All municipalities and counties within one mile of the subject
site shall be notified. If a site is located within a future annexation area as
identified in a municipality’s Comprehensive Plan, the associated municipality
shall be notified. [Ord. 2012-027] [Ord. 2018-002]
d) Interested
Parties
A courtesy notice of all public hearings may be sent upon
request to all organizations, associations, and other interested persons or
groups known to the Planning Director. An annual fee may be assessed to defray
the cost. [Ord. 2012-027] [Ord.
2018-002]
2) Notice Content
All notices shall include the following information: [Ord. 2012-027] [Ord. 2018-002]
a) a general
summary of the application; [Ord. 2012-027] [Ord. 2018-002]
b) a date, time
and place for the public hearings; [Ord. 2012-027] [Ord. 2018-002]
c) a general location
map indicating the subject site including major streets; and, [Ord.
2012-027] [Ord. 2018-002]
d) a statement
that interested parties may appear at the public hearing and be heard regarding
the amendment. [Ord. 2012-027] [Ord. 2018-002]
3) Failure to
Receive Courtesy Notice
Failure to receive a courtesy notice shall not be deemed a
failure to comply with this requirement, and shall not be grounds to challenge
the validity of any decision made by BCC. [Ord.
2012-027] [Ord. 2018-002]
c. Signs
1) The land
subject to the application shall be posted with a notice of the public hearing
by the Applicant on a sign meeting standards and specifications issued by the
County within 45 calendar days of the determination that the application is
sufficient for processing. The Applicant shall submit photographs and a written
affidavit confirming the signs have been posted. One sign shall be posted for
each 500 feet of frontage along a street up to a maximum of ten signs. All
signs shall be: [Ord. 2012-027] [Ord.
2018-002]
a) Evenly spaced
along the street or in a location acceptable to the Planning Director. [Ord.
2012-027] [Ord. 2018-002]
b) Setback no more
than 25 feet from the property line fronting the street. [Ord. 2012-027] [Ord. 2018-002]
c) Erected in full
view of the public. [Ord. 2012-027] [Ord. 2018-002]
Signs shall be posted in a
location acceptable to the Planning Director, where the land does not have
significant frontage on a street. The failure of any such posted notice to
remain in place after the notice has been posted shall not be deemed a failure
to comply with this requirement, or be grounds to challenge the validity of any
decision made by the BCC. The Applicant shall ensure the signs have been
removed no later than five days after the final hearing. [Ord. 2012-027] [Ord. 2018-002]
d. Public Notice of County Initiated
Amendments
The County shall provide written notification to each Property
Owner of property subject to a County Initiated Future Land Use change a
minimum of 30 calendar days prior to the first public hearing. [Ord.
2018-002]
e. Exceptions to Mailing and Posting
The courtesy mailing notice and posting notice requirements
shall not apply to County Initiated Site Specific FLUA amendment for a land use
change to a Conservation (CON) designation following acquisition by a public
agency or a corrective land use change. [Ord.
2012-027] [Ord. 2018-002]
The LPA public hearing shall be advertised in a newspaper of
general circulation in accordance with requirements set forth in F.S.
§ 163.3164(39), as amended from time to time. The LPA shall conduct a
public hearing on the application pursuant to the procedures in Art. 2.H.1.F.8, Conduct
of Hearings, and make recommendations regarding the proposed amendments to
the BCC. At the public hearing, the LPA shall review the application, the staff
report, the relevant support materials, and public testimony given at the
hearings. At the close of the public hearing, the LPA shall vote on its
recommendations (approval, approval with conditions, or denial). [Ord.
2009-040] [Ord. 2012-027]
Action by the BCC shall be governed by F.S.
§ 163.3184, as amended from time to time. [Ord. 2012-027]
a. Transmittal Public Hearing
Large Scale Amendments require a transmittal public hearing. The
transmittal public hearing shall be held on a weekday at least seven calendar
days after notice is published pursuant to F.S.
§ 163.3184(11)(b)1, as amended from time to time, pursuant to the
procedures in Art.
2.H.1.F.8, Conduct of Hearings. At the public hearing, the BCC shall
consider the application, the staff report, the relevant support materials, the
recommendations of the LPA, and the public testimony given at the public
hearing, and by an affirmative vote of a majority of the members of the BCC
present at the hearing, vote to approve, approve with conditions, or deny the
transmittal of the application. Failure of the BCC to approve the transmittal
of an application for a Site Specific amendment shall be deemed a denial of the
proposed Site Specific amendment. [Ord.
2009-040] [Ord. 2012-027]
b. Adoption Public Hearing
The adoption public hearing shall be on a weekday at least five calendar
days after the day the notice for the public hearing is published pursuant to F.S.
§ 163.3184(11)(b)(2), as amended pursuant to the procedures in Art. 2.H.1.F.8, Conduct
of Hearings. At the public hearing, the BCC shall consider the application,
the staff report, the relevant support materials, the State Land Planning
Agency comments, and the public testimony given at the public hearing, and by
affirmative vote of a majority of the members of the BCC present at the
meeting, vote to adopt, adopt with conditions, or not to adopt an Ordinance
making a Site Specific amendment. Small Scale Development Amendments shall
require only one public hearing before the BCC, which shall be an adoption
public hearing, pursuant to F.S.
§ 163.3187(2), and provisions of F.S.
§ 125.66(4)(a) as amended from time to time. Actions approving Site
Specific Plan amendments shall be adopted by Ordinances pursuant to F.S.
§ 163.3187, as amended from time to time. [Ord. 2009-040] [Ord. 2012-027] [Ord. 2018-002]
a. Rights of All Persons
Any person may appear at a public hearing and submit evidence,
either individually or as a representative of an organization. Anyone
representing an organization shall present evidence of their authority to speak
on behalf of the organization in regard to the matter under consideration. Each
person who appears at a public hearing shall be identified, state an address,
and if appearing on behalf of an organization, state the name and mailing
address of the organization. [Ord. 2012-027] [Ord.
2018-002]
b. Due Order of Proceedings
The order of the proceedings shall be pursuant to Art. 2.B.6.D, Conduct of
Hearings. [Ord. 2018-002]
c. Postponement of Public Hearing
for Small Scale Amendments
1) Administrative
Postponements
a) An Applicant
shall have the right to request and be granted one administrative postponement,
of no more than 60 days, of the LPA public hearing without an additional fee;
provided that the request is made in writing at least 20 days prior to the
hearing and is submitted along with an additional set of the required 500-foot
public notice envelopes. [Ord. 2012-027] [Ord. 2018-002]
b) An Applicant
shall have the right to request and be granted one entitlement continuance, of
no more than 60 days, of the BCC Adoption public hearing; provided that the
request is made in writing at least 20 days prior to the hearing and is
submitted along with an additional set of the required 500-foot public notice
envelopes. [Ord. 2009-040] [Ord. 2012-027] [Ord. 2018-002]
2) LPA or BCC
Public Hearing Continuances
The body conducting the public hearing may by its own motion, or
at the request of any Applicant or the Planning Director, continue the public
hearing or meeting to a fixed date, time and place. Such continuances shall be
granted at the discretion of the body conducting the hearing only upon good
cause shown. The Applicant may be required to provide an additional set of the
required courtesy notice envelopes and may be subject to a fee as established
by the BCC. [Ord. 2009-040] [Ord.
2012-027] [Ord. 2018-002]
d. Postponement of Large Scale
Amendments
In order to provide most current data, the Applicant of an
amendment postponed to the next round shall submit the fee with an updated
application including a new traffic analysis on the intake date of the next
round, along with a new set of courtesy notices. Failure to submit the fee and
an updated application will result in the amendment being administratively withdrawn.
[Ord.
2018-002]
1) Administrative
Postponements
An Applicant shall have the right to request and be granted one
administrative postponement, to a subsequent amendment round and will be
subject to a fee as established by the BCC; provided that the request is made
in writing at least 20 days prior to the LPA public hearing. The Planning
Director may approve administrative postponements provided that the request is
made in writing at least five days prior to the publication of the agenda for
the public hearing. [Ord. 2009-040]
[Ord. 2012-027] [Ord. 2018-002]
2) Non-Administrative
Postponements
Following the publication of the agenda for a public hearing,
postponements shall be granted at the discretion of the body conducting the
hearing and shall be subject to a fee established by the BCC. The LPA may
continue a public hearing within the same amendment round. The LPA may postpone
an amendment to a subsequent amendment round at the request of an Applicant
provided that the BCC public hearing has not been advertised. [Ord. 2012-027] [Ord. 2018-002]
An Applicant shall have the right to withdraw an application for
a Site Specific amendment at any time prior to the advertised adoption public
hearing by the BCC. Any request for a refund shall be in writing, based upon
the current PZB refund policy, and approval by the Planning Director. [Ord.
2009-040] [Ord. 2012-027] [Ord.
2018-002]
The purpose of this Chapter is to establish a mechanism for
collaborative planning and decision making with the Palm Beach County School
District and Palm Beach County to measure district school capacity available to
accommodate new development pursuant. [Ord. 2018-002]
The Board of County Commissioners has
the authority to adopt this Chapter pursuant to the PBC Charter, and F.S. § 163.01, F.S. § 163.3177(6)(h), F.S. § 1013.33, the Palm Beach County Comprehensive Plan
and the Interlocal Agreement for Coordinated Planning (R-2015-1864). [Ord. 2018-002]
The requirements of the Interlocal Agreement for Coordinated
Planning, as amended, shall apply to all DOs for the safe, convenient, orderly
and adequate provision of public school facilities. [Ord. 2018-002]
The County shall notify the School District of any land use
or rezoning applications that may increase Residential FLUE Designation or
density at least 30 days prior to the date of the applicable public hearing. The
County will transmit to School District all applicable support material, and
the date, time, and place of the applicable public meeting. Within 20 days of receipt
of completed application, the School District shall submit to the County a
school capacity availability determination providing the District’s findings
and recommendations. [Ord. 2018-002]
[Ord. 2003-067; January
1, 2004] [Ord. 2005-002; February 2, 2005] [Ord. 2005-041; September 1, 2005]
[Ord. 2006-004; March 1, 2006] [Ord. 2006-036; August 29, 2006] [Ord. 2006-055;
December 1, 2006] [Ord. 2007-001; January 25, 2007] [Ord. 2007-013; September
4, 2007] [Ord. 2008-003; January 30, 2008] [Ord. 2008-037; September 4, 2008]
[Ord. 2009-040; October 28, 2009] [Ord. 2010-005; February 2, 2010] [Ord.
2010-022; September 1, 2010] [Ord. 2011-001; February 4, 2011] [Ord. 2011-016;
September 6, 2011] [Ord. 2012-003; February 1, 2012] [Ord. 2012-027; August 31,
2012] [Ord. 2013-001; January 31, 2013] [Ord. 2013-021; August 30, 2013] [Ord.
2014-001; February 3, 2014] [Ord. 2014-025; September 3, 2014] [Ord. 2015-006;
February 3, 2015] [2014-031; July 7, 2015] [2015-031; September 3, 2015] [Ord.
2016-016; February 2, 2016] [Ord. 2016-020; March 24, 2016] [Ord. 2016-042;
September 22, 2016] [Ord. 2017-002; January 31, 2017] [Ord. 2017-007; March 2,
2017] [Ord. 2017-009; March 2,
2017] [Ord. 2017-016; April
27, 2017] [Ord. 2017-025; August 28, 2017] [Ord. 2017-028; September 28, 2017]
[Ord. 2018-002; February 1, 2018] [Ord. 2018-018; August 29, 2018] [Ord.
2019-005; January 29, 2019] [Ord. 2019- 033; September 29, 2019] [Ord. 2019-034;
August 27, 2019] [Ord. 2020-001; January 28, 2020]