Article 2
Application Process and Procedures

C.   Board Action

1.   Action by ZC

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, continued, postponed 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]

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, postpone, 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]

c.   Remand by the ZC

If at any time during the public hearing, the ZC determines that the application is based upon incomplete, inaccurate information or misstatements of fact, it may remand the application back to the DRO for further review and a revised staff report. [Ord. 2018-002]

2.   Action by BCC

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, postpone, 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]

c.   Remand by the BCC

If at any time during the public hearing, the BCC determines that the application is based upon incomplete, inaccurate information or misstatements of fact, the BCC may remand the application back to the ZC or DRO for further review and a revised staff report. [Ord. 2018-002]

3.   Action by the Hearing Officer

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]

D.   Conduct of Hearings

1.   Oath or Affirmation

All testimony and evidence shall be given under oath or by affirmation to the body conducting the hearing. [Ord. 2018-002]

2.   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 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]

3.   Procedures for Public Hearings

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]

E.   Continuance or Postponement of Hearings

The BCC or ZC conducting the public hearing may, on its own motion or at the request of an Applicant, continue the public hearing to a fixed date, time and place. The BCC or ZC shall determine if an application shall be postponed when an Applicant fails to submit a 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]

1.   Postponement by Right

An Applicant shall be granted a postponement by right to the next regularly scheduled hearing if requested in writing five days prior to the hearing. 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]

F.   Finalization of Approved DOs

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]

G.   Other Procedures

Other procedures, which include: 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]

Section 7         Types of Applications

A    Official Zoning Map Amendment (Rezoning) to a Standard District

1.   Purpose

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]

2.   Standards

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. [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]

3.   Effect of a Map Amendment

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. [Ord. 2005 – 002] [Ord. 2018-002]

4.   Development Order Amendment to a Standard Zoning District with a COZ

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]

5.   Rezoning of Mobile Home Parks

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]

B    Conditional Uses and Official Zoning Map Amendment (Rezoning) to a PDD or TDD

1.   Purpose

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]

2.   Standards

When considering a DO application for a Conditional Use or a Rezoning to a PDD or a TDD, 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]

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. [Ord. 2007-001]

h.   Changed Conditions or Circumstances

There are demonstrated changed site conditions or circumstances, p rovided by the Applicant’s Justification Statement that necessitate a modification. [Ord. 2007-001] [Ord. 2018-002]

3.   Effect of an Issuance of a DO or a Map Amendment

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, unless the approval is abandoned. [Ord. 2018-002]

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. [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]

4.   Authorized Class A Conditional Uses

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]

5.   Authorized Class B Conditional Uses

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]

6.   Requested Use

All prior approvals for a Requested Use shall correspond to a Conditional Use. [Ord. 2017-007] [Ord. 2018-002]

C.   Development Order Amendment (DOA)

1.   Purpose

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]

 

 

2.   Standards

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]

3.   Expedited Application Consideration (EAC)

DO amendments may be eligible for expedited consideration and review subject to the following criteria: [Ord. 2016-042] [Ord. 2018-002]

a.   Criteria

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]

4.   Effect of an Issuance of a DO

Pursuant to Art. 2.B.7.B.3, 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]

D.   Type 2 Waiver

1.   Purpose

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]

2.   Applicability

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]

 

3.   Standards for a Type 2 Waiver

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]

4.   Standards for a Unique Structure

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]

a.   Consistency with the Plan

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]

b.   Complies with Other Standards of Code

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]

c.   Architectural Compatibility

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]

d.   Design Minimizes Environmental Impact

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]

e.   Circumstances

Whether and to what extent it can be demonstrated that there are any circumstances that support the designation. [Ord. 2009-040] [Ord. 2018-002]

5.   Effect of an Issuance of a DO

Pursuant to Art. 2.B.7.B.3, 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]

E.   Type 2 Variance

1.   Purpose

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]

2.   Prohibition

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]

3.   Type 2 Variance Applications

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; [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]

4.   Sequence of Submittal

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]

5.   Application Requirements

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]

6.   Standards for Zoning or Subdivision Variance

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]

8.   Effect of Issuance of a DO

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 Table 2.E.3.B, Time Limitation of Development Order for Each Phase, 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]

F.   Development Order Abandonment (ABN)

1.   Purpose

A DO for a Conditional Use or similar DO granted under Ord. No. 1957-003, Ord. No. 1973-002, Ord. No. 1992-002, 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. [Ord. 2010-022] [Ord. 2018-002]

2.   DOs Not Implemented

All DOs which were never implemented shall be either: [Ord. 2005-002] [Ord. 2018-002]

a.   Public Hearing Abandonment

Abandoned simultaneously with issuance of a subsequent DO; or [Ord. 2018-002]

b.   Revocation

Reviewed for revocation pursuant to Art. 2.E, Monitoring. [Ord. 2018-002]

3.   Implemented DOs

Certain implemented DOs, pursuant to Art. 2.C, Administrative Processes, qualify for administrative abandonment. Other implemented DOs require Public Hearing abandonment by the Board (BCC or ZC) that approved the DO. [Ord. 2009-040] [Ord. 2010-022] [Ord. 2011-001] [Ord. 2018-002]

a.   Public Hearing Abandonment

A DO, which was used, implemented or benefited from, may be abandoned simultaneously with the issuance of a subsequent development order by the BCC or ZC, as applicable. The property owner also has the option to request the BCC or the ZC to abandon the DO through expedited application review process, pursuant to Art. 2.B.7.C.3, Expedited Application Consideration (EAC). [Ord. 2009-040] [Ord. 2018-002]

b.   Unpaid Status Fees

A DO shall not be abandoned, either administratively or by approval of a subsequent DO, until all unpaid status report fees imposed by action pursuant to Art. 2.E, Monitoring, have been paid. [Ord. 2018-002]

4.   Additional Criteria

In determining whether a DO was used, implemented or benefited from, consideration shall be given to either one or both of the criteria: [Ord. 2018-002]

a.   Whether any construction or additional construction authorized in the DO has commenced or [Ord. 2018-002]

b.   Whether a physical or economic use of the DO has occurred, including physical or economic expansion. [Ord. 2018-002]

G.   Public Ownership (PO) Deviations

1.   Purpose

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]

2.     Applicability

Requests for PO Deviation shall only be permitted as indicated in the following Table. [Ord. 2019-005]

 

3.     Standards

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]

4.   Effect of Issuance of a DO

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]

Section 8         Conditions of Approval

A.   BCC Approved DOs

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. [Ord. 2007-001] [Ord. 2011-016] [Ord. 2017-007] [Ord. 2018-002]

B.   ZC Approved DOs

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]

Section 9         Effect of Issuance of a Development Order

A.   General

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]

1.   Zoning Plan Compliance and Initiation of Use

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]

B.   Type 2 Variance

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]

1.   Time Limitation

Unless otherwise specified in the DO or a condition of approval, construction shall be commenced pursuant to Table 2.E.3.B, Time Limitation of Development Order for Each Phase, 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]

2.   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. 2006-036]

CHAPTER C     ADMINISTRATIVE PROCESSES

Section 1   Purpose

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]

Section 2         Sufficiency Review

A.   Sufficiency

The DRO shall ensure the applications meet all Submittal requirements and the requests are consistent with Art. 2.A, General. If the application is determined to be sufficient by the DRO, it shall be distributed to the applicable County Agencies for review pursuant to the procedures and standards of this Article. [Ord. 2018-002]

B.   Insufficiency

If an application is determined to be insufficient pursuant to the Reasons for Insufficiencies listed in 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 ten days of the application’s submittal date. [Ord. 2018-002]

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 and resubmit the application on the submittal date of the next month pursuant to the Annual Zoning Calendar. [Ord. 2018-002]

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 in the next Submittal as indicated on the Annual Zoning Calendar, the DRO shall issue a second written notification to the Applicant indicating the application shall be considered withdrawn unless a time extension request has been submitted. [Ord. 2018-002]

C.   Time Extension

The Applicant may submit a written request to the Zoning Director should additional time be required to address unresolved issues. Such request shall be submitted to the Zoning Director no later than 5 days after the issuance of the second Insufficiency notification. [Ord. 2018-002]

D.   Administrative Withdrawal

If the Applicant fails to address the insufficiencies or request a time extension, it may result in an Administrative withdrawal of the application. [Ord. 2018-002]

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]

 

A.   Finalization of BCC or ZC DOs

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]

1.   DRO Expedited Process (DROE)

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]

2.   Concurrent Review

Refer to Art. 2.A.4, Concurrent or Separate Applications.

B.   Administrative Approval

The DRO shall make a final decision on a permanent or a temporary use pursuant to Table 2.C.4, 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]

Section 4         Review, Resubmittal and Final Decision

Review of an application shall be initiated by the DRO on the date it is deemed sufficient, subject to the timeline specified in the Table below. The processing time may vary based upon the types of requests. [Ord. 2018-002]

 

 

A.   Review

The DRO shall prepare a list of issues and comments and make it available to the Applicant. The Applicant shall provide a written response addressing all outstanding issues and comments by the next Submittal date. [Ord. 2018-002]

B.   Action by the DRO

The DRO shall either approve, approve with conditions, deny, withdraw or postpone each application after reviewing the recommendations and comments provided by the Agencies. The DRO shall not approve an application until it meets all applicable Code requirements, standards, policies, and if applicable, conditions of approval. [Ord. 2008-003] [Ord. 2009-040] [Ord. 2018-002]

1.   Approved

If the resubmitted documents 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]

2.   Not Approved

If the resubmitted documents 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]

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 documents shall be resubmitted on the Submittal date as established on the Annual Zoning Calendar. [Ord. 2008-003] [Ord. 2018-002]

C.   Continuance or Postponement

Applications for a DO that are continued or postponed for more than six months by the DRO must obtain approval from the Zoning Director. All applications that have been continued or postponed for more than six months without approval from the Zoning Director, shall be administratively withdrawn. [Ord. 2005-002] [Ord. 2018-002] [Ord. 2018-018]

D.   Public Meeting Procedures for Type 1 Variance

1.   Notification

Refer to Art. 2.B.5, Notification. [Ord. 2018-018]

2.   Scheduling

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, or such a time as is mutually agreed upon between the Applicant and the DRO. The scheduling of the application for public meeting shall ensure the public notice requirements are satisfied. [Ord. 2018-018]

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]

Section 5.        Types of Applications

A.   Administrative Approval of New Use

1.   Purpose

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]

2.   Standards

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]

a.   Consistency with the Plan

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. [Ord. 2018-002]

3    Effect of an Issuance of a DO

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]

B.   Administrative Modifications to Prior DOs

1.   Purpose

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-29, 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]

2.   Standards

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]

 

 

3.   Other Modifications

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]

4.   Effect of an Issuance of a DO for Administrative Modifications

See Art. 2.C.5.A.3, Effect of an Issuance of a DO for Administrative Modifications. [Ord. 2018-002]

C.   Temporary Use

1.   Purpose

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]

2.     Prior Approved and Authorized Special Permits

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]

3.   PAA

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]

4.   Sufficiency Determination

All Temporary Use requests are subject to the requirements of Art. 2.C.2, Sufficiency Review. [Ord. 2015-006] [Ord. 2018-002]

5.   Review and Final Decision

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]

7.   Conditions

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]

a.   Withholding Application

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]

8.   Limited Timeframe

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]

9.   Expiration

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]

10.  Discontinuance

A Temporary Use DO shall expire if the use or activity is discontinued for more than 90 days. [Ord. 2018-002]

11.  Revocation

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]

D.   Type 1 Variance

1.   Purpose

To allow minor variation from certain standards of this Code when special circumstances or 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]

2.   Application Procedures

This Section may not be combined with any other Section that allows variations from the same PDRs. [Ord. 2015-006] [Ord. 2018-002]

3.   Variance Request Limitations

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 Art. 7.D.4.A.3, Residential Hedge Height. [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]

b.   Non Residential Projects

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]

4.   Standards

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]

5.   Staff Report and Recommendation

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]

6.   Conditions

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]

7.   Time Limitation

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]

8.   Effect of a Type 1 Variance DO

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]

E.   Type 1 Waiver

1.   Purpose

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]

2.   Applicability

Requests for Type 1 Waivers shall only be permitted where expressly stated within the ULDC: [Ord. 2011-016] [Ord. 2012-027] [Ord. 2018-002]

 

 

3.   Standards

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 Waivers 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]

4.   Conditions

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]

F.   Reasonable Accommodation

1.   Purpose

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]

2.   Applicability

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]

3.   Notice to the Public of Availability of Accommodation

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]

4.   Application Procedures

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]

G.   Development Order Abandonment (ABN)

1.   General

An Administrative DO granted under a prior Ordinance, may be abandoned according to the procedures in this Chapter. [Ord. 2018-002]

2.   DOs Not Implemented

All DOs which were never implemented shall be either: [Ord. 2005-002] [Ord. 2018-002]

a.   Administrative Abandonment

Administratively abandoned upon demonstration to the DRO that the DO was not implemented; or [Ord. 2018-002]

b.   Revocation

Reviewed for revocation pursuant to Art. 2.E, Monitoring. [Ord. 2018-002]

3.   Implemented DOs

Certain implemented DOs, pursuant to Art. 2.C, Administrative Processes, qualify for administrative abandonment. [Ord. 2009-040] [Ord. 2010-022] [Ord. 2011-001] [Ord. 2018-002]

a.   Administrative Abandonment

A DO, which was used, implemented or benefited from, may be administratively abandoned by filing an application with the DRO demonstrating that the following criteria are met; [Ord. 2018-002]

1)   All Conditions of Approval have been met; [Ord. 2018-002]

2)   There is no reliance by other parties on additional performance; and, [Ord. 2018-002]

3)   Consent of all property owners has been received. [Ord. 2018-002]

b.   Unpaid Status Fees

A DO shall not be abandoned, either administratively or by approval of a subsequent DO, until all unpaid status report fees imposed by action pursuant to Art. 2.E, Monitoring, have been paid. [Ord. 2018-002]

4.   Additional Criteria

In determining whether a DO was used, implemented or benefited from, consideration shall be given to either one or both of the criteria: [Ord. 2018-002]

a.   Whether any construction or additional construction authorized in the DO has commenced; or [Ord. 2018-002]

b.   Whether a physical or economic use of the DO has occurred, including physical or economic expansion. [Ord. 2018-002]

H.   Conditions of Approval

1.   DRO Authority

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 I Waiver. [Ord. 2009-040] [Ord. 2012-027]

2.   Condition Limitations

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.

I.    Zoning Confirmation Letter (ZCL)

1.   Purpose

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., Interpretation of the Code, Authority. [Ord. 2018-002]

2.   Types of ZCL

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., Appeals. [Ord. 2018-002]

3.   Processing

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]

4.   ZCL Response

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]

J.   Administrative Inquiry (AI)

1.   Purpose

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]

2.   Applicability

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]

3.   Procedures

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. [Ord. 2011-016] [Ord. 2017-002] [Ord. 2018-002]

CHAPTER D     ULDC PRIVATELY INITIATED AMENDMENT (PIA)

Section 1         Purpose and Intent

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 for non government entities to make 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]

 

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 simply initiate the amendment process. If initiated, the second phase typically 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. [Ord. 2018-002]

 

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]

Section 2         Authority

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 PZB has been consulted prior to submittal of an amendment to the Comprehensive Plan; and, [Ord. 2018-002]

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]

Section 3         Standards

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]

Section 4         Mandatory Pre-Application Appointment (PAA)

A.   Applicability

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]

B.   Purpose

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]

C.   PAA Requirements

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]

D.   Decision

The applicable responsible PBC Official shall provide a written response within seven working days affirming if a PIA will be accepted, denied, 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 Round of amendments each year or a standalone ordinance based on BCC direction when the amendment is requested to be expedited. [Ord. 2018-002]

Section 5         Application Procedures

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 favorable decision by the responsible PBC Official, a PIA application may be submitted in accordance with the following Application Procedures. [Ord. 2018-002]

A.   General Overview

The PIA is comprised of two phases as outlined under Purpose and Intent above. [Ord. 2018-002]

1.   Phase 1

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]

2.   Phase 2

The Phase 2 PIA requires the applicant to coordinate with staff and any interested parties, and may require a more detailed analysis and supporting documentation to substantiate the request. Once the application is deemed sufficient it shall be scheduled for presentation to the LDRAB. The intent of this hearing is to obtain a final recommendation and determination of consistency with the Comprehensive Plan, prior to being scheduled for presentation to the BCC for Request for Permission to Advertise. Pursuant to approval of the request, one or more duly noticed Public Hearings are required, in accordance with F.S. § 125.66. [Ord. 2018-002]

B.   Application Fees

Fees shall be established in accordance with the official PZB Fee Schedule. Additional public notice costs may be assessed to the applicant seeking to process a PIA amendment outside of the two yearly scheduled ULDC Amendment Rounds. [Ord. 2018-002]

C.   Application Requirements

Applications shall be in a form established by the responsible PBC Official, in consultation with the Zoning Director, but at a minimum shall include an updated Justification Statement in accordance with the standards specified for a Phase 1 PIA. [Ord. 2018-002]

D.   Sufficiency Review

Notification of sufficiency or insufficiency shall be forwarded to the applicant within ten days of receipt of a Phase 1 or 2 PIA application. [Ord. 2018-002]

1.   Sufficiency

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]

2.   Insufficiency

In an application is determined to be insufficient, staff shall provide written notification to the applicant summarizing the deficiencies. [Ord. 2018-002]

a.   No further action may be taken on the application until the deficiencies are remedied. If the deficiencies are not remedied within 20 days from the date of the insufficiency notification, the application shall be administratively withdrawn. [Ord. 2018-002]

b.   Revised applications shall be subject to the above timeframe to determine sufficiency or insufficiency. [Ord. 2018-002]

c.   If amended and determined to be sufficient, the application may be processed. [Ord. 2018-002]

E.   Review

The applicant shall demonstrate that the application has met the Standards cited above, in addition to responding to input provided by the LDRAB, BCC, LDRAB Subcommittee when applicable, and staff comments, or other issues identified through the amendment process. [Ord. 2018-002]

1.   LDRAB Scheduling

Applications may be placed on an agenda by the responsible PBC Official, in consultation with the Zoning Director, a minimum of 15 days prior to the next available LDRAB meeting, or a subsequent meeting as mutually agreed upon by the applicant and responsible PBC Official. [Ord. 2018-002]

2.   Staff Report and Recommendation

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]

3.   Application Modification After Certification

Applications shall not be modified after certification, 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]

F.   Scheduling

Applications for a Phase 1 or 2 PIA shall be submitted a minimum of 5 weeks prior to presentation to the LDRAB, or other time as may be determined by the responsible PBC Official, in consultation with the Zoning Director. Additional time may be required by the responsible PBC Official, where an LDRAB Subcommittee has been convened, additional public meetings are scheduled, or where there is a concurrent Plan PIA, among others. Once an application has been certified, the responsible PBC Official shall schedule advisory board meetings and BCC Public Hearings, in consultation with the Zoning Director, as follows: [Ord. 2018-002]

1.   Phase 1

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]

2.   Phase 2

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]

Section 6         Notification

A.   Applicability

Public notification is required for LDRC meetings and BCC Public Hearings, excluding Requests for Permission to Advertise for Public Hearings. [Ord. 2018-002]

B.   Newspaper Publication

Notice shall be posted in a newspaper of general circulation in PBC, as follows: [Ord. 2018-002]

1.   LDRC Meeting

In accordance with PBC PPM #CW-L-038. [Ord. 2018-002]

2.   BCC Public Hearings

In accordance with F.S. § 125.66. [Ord. 2018-002]

C.   Postponements

All applications postponed for three or more consecutive LDRC meetings or Public Hearings, shall require that the newspaper notification be republished. [Ord. 2018-002]

Section 7         Action by LDRAB and LDRC

A.   Advisory Board

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]

1.   Meeting

The advisory board shall consider the application, staff report, relevant support materials, and public testimony given at the meeting. [Ord. 2018-002]

2.   Recommendation

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]

B.   LDRC

A Phase 2 PIA shall be presented to the LDRC, which shall make a determination of consistency with the Plan. [Ord. 2018-002]

Section 8         Action by the BCC

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]

A.   Public Hearing

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]

B.   Postponements, Continuance or Remand

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]

C.   Decision

1.   Phase 1

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]

2.   Phase 2

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, approved with conditions, modify, or deny the PIA application. [Ord. 2018-002]

D.   Conduct at Hearing

Shall be in accordance with Art. 2.B.6.D, Conduct of Hearing. [Ord. 2018-002]

Section 9         Appeals

The PIA process is discretionary and not subject to appeals. [Ord. 2018-002]

CHAPTER E     MONITORING

Section 1   General

A.   Purpose and Intent

1.   It is the intent of the BCC to provide for the public health, safety and welfare by establishing procedures for mandatory review of certain development orders. F.S. ch. 163, pt. II, entitled “Local Government Comprehensive Planning and Land Development Regulations Act” provides that all development regulations shall be consistent with the adopted Plan. F.S. ch. 163 further provides that public facilities and services shall be available concurrent with the impacts of development. Pursuant to F.S. ch. 163, the Plan requires that the applicant for all development orders or permits must demonstrate that the necessary public facilities and services are available. To ensure the availability of facilities and services to proposed developments, it is necessary that developments that have reserved capacity proceed in the prescribed time. Systematic monitoring and subsequent review of approved development orders will help implement the goals within the Plan by:

a.   Preserving the availability of public facilities and services for proposed development by removing capacity reserved for inactive development;

b.   Minimizing the creation of an artificially inflated inventory of residential, commercial, and industrial development;

c.   Enhancing the value and use of land in unincorporated PBC by identifying and providing a system to eliminate obsolete approvals which distort the official land use inventory;

d.   Requiring compliance with improved performance and site design standards by providing a system whereby approved, but unbuilt, developments are subject to periodic review;

e.   Ensuring that development orders are timely performed and complied with at all times; and

f.    Ensuring that outstanding debts due to the PBC are paid in a timely manner.

2.   To protect the public welfare, it is the intent of the BCC to ensure compliance with the conditions of development orders and with specific time requirements for the completion of activities associated with said approvals or with this Code. The BCC recognizes that unforeseen factors may interfere with the established schedule. This Article creates an administrative program to monitor and provide extensions for activities which must be completed within a certain time period pursuant to a development order or pursuant to this Code, and to ensure that conditions are met and not violated.

3.   The BCC recognizes that development is a complicated process. Despite efforts on the part of developers to proceed according to plans, unforeseen factors may interfere with the schedule of development and compliance with conditions of approval. The review procedure created in this Article establishes a system for administrative review and approval of time extensions.

4.   To meet the intent of this Article, the BCC may review development orders issued prior to the adoption of this Code for compliance with the time requirements of this Code and for compliance with conditions of approval.

5.   When the BCC or any provision of this Code has imposed a condition of development approval or time limit for the completion or duration of a specific activity or phase of development, the property owner shall be responsible for compliance.

B.   Applicability

1.   This Article shall apply to:

a.   All development orders with a time requirement for completing one or more actions as identified in Table 2.E.3.B, Time Limitation of Development Order for Each Phase, or in the development process as required by specific Articles of this Code; and

b.   All development orders identified in Table 2.E.3.B, Time Limitation of Development Order for Each Phase, with conditions of approval.

2.   The following are exempt from this Article:

a.   Any development order in whole or in part, that applies to lands that are owned by a unit of local, state, and/or federal government, provided that the development order 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. 2005-002] [Ord. 2007-013]

b.   Any development order initiated by staff at the direction of the BCC after a review pursuant to this Article; and

c.   Any development order for a rezoning of a single lot to a residential zoning district that corresponds to the minimum density permitted in the Plan Future Land Use designation for that lot, provided there is no concurrency reservation or concurrency exemption for the property.

3.   For development orders which are subject to the requirements of this Article, the time limitations shall apply to those approved prior to or subsequent to the effective date of this amendment.

Section 2   Procedures

A.   Suspension of Development Orders

1.   Upon expiration of any time period established by this Code or for any failure to comply with, or continued violation of a condition of development approval, except for a condition imposed by the DRO, or a condition for which a complete administrative time extension application has been submitted, or a variance, no new development orders affecting the property shall be issued by PBC, and no action which might tend to vest the development order shall be permitted, except as permitted by Art. 2.E.2.D.5, Procedures for Rezonings, until a final determination is made by the Executive Director, or BCC or ZC pursuant to Art. 2.E.2.B, Administrative Extension of Time, and Art. 2.E.2.D, Failure to Comply with Conditions or Time Requirements other than for a DRO Imposed Condition of Approval, herein. This suspension of development rights shall not preclude the property owner from filing a new petition for the subject property to amend or supersede an existing development order, or the BCC or ZC from approving this petition. This suspension of development orders shall also apply to any failure to comply with, or continued violation of, a condition of development approval, if a status report public hearing is scheduled pursuant to Art. 2.E.2.D, Failure to Comply with Conditions or Time Requirements other than for a DRO Imposed Condition of Approval. [Ord. 2007-001]

2.   This suspension of development rights shall have the following effect on new petitions and code enforcement actions:

a.   If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process except the development order which approves the petition.

b.   If the BCC or ZC directs staff to cite the property owner for violating the provisions of the development order, no new development orders shall be issued until the alleged violation has been ruled upon by the Code Enforcement Special Masters, and any enforcement action is completed, or penalty is satisfied. This shall not, however, preclude 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.

3.   Upon the expiration of any time period except for a time period to comply with a condition of approval imposed by the DRO, or when a complete administrative time extension application for a time certain condition of approval has been submitted, upon reasonable cause to believe that a property owner has not complied with a condition or a condition of development approval has been violated, or a variance has not been utilized, a document shall be filed with the clerk of the circuit court to be placed with the records governing title to the affected property except as provided in Art. 2.E.2.A, Suspension of Development Orders, herein. This document may apply only to that portion of the property related to the expired time period, or any condition violated. The document shall give record notice that: [Ord. 2005-002] [Ord. 2007-001]

a.   A condition of development has been violated or a time certain activity has not proceeded as required;

b.   A review of the project will be conducted pursuant to terms of this Section;

c.   Until the review is completed, no new development orders shall be issued by PBC; and no action which might tend to vest the development order shall be permitted; and

d.   Such other information as may be reasonable and necessary to afford adequate record notice of the effect of this Section on the rights of property owners.

4.   If the BCC, ZC, or the Executive Director of PZB approves further development pursuant to Art. 2.E.2.B, Administrative Extension of Time, and Art. 2.E.2.D, Failure to Comply with Conditions or Time Requirements other than for a DRO Imposed Condition of Approval, herein, a second document shall be filed with the clerk of the circuit court to be placed with the records governing title to the property indicating:

a.   That the rights to develop have been restored;

b.   Such other information as may be reasonable and necessary to afford adequate record notice of the effect of this Section on the rights of property owners; and

c.   This document shall only be recorded upon 1) payment of all status report fees as established from time to time by the BCC; 2) payment of any outstanding liens or debts owed on the subject property to PBC (not required for administrative time extensions for time certain conditions of approval); and 3) reinstatement of an expired standard development agreement if required to comply with adequate public facility standards. [Ord. 2005-002]

The status report fee may be waived if:

1)   the property owner is a government agency;

2)   the property owner is prevented from complying by a government-caused delay or by litigation that would prevent action by the property owner to bring the approval into compliance.

a)   In the event litigation contesting the validity of lien or fine is initiated or pending prior to the time this payment is due, the document shall be recorded and payment of the lien or fine, if upheld by the court, shall be deferred until 35 days after Final Order. If the lien or fine is upheld by the court but the fine is not paid on or before the 35^th day, a new notice of intent to withhold development permits shall be filed.

5.   There will be no suspension of development rights if the only recommendation in the status report to the BCC or ZC is to delete a condition of approval.

B.   Administrative Extension of Time

1.   The owner of record, the current agent, or mortgagor demonstrating a secured interest in the property which is not being protected by the owner may file an application with the Executive Director of PZB for an administrative extension of time. The application shall be made upon such forms and in such a manner, including payment of fees, as prescribed by the PZB.

2.   Upon the filing of an application for an administrative extension of time, the Executive Director, or other person designated by this Code, may grant an extension of time to comply with a requirement. A time extension shall commence upon the expiration of the date to comply with the time requirement, or the expiration of the last extension, whichever is applicable. 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. The maximum duration of an administrative time extension is as follows: [Ord. 2007-001]

a.   Development Order

Table 2.E.3.B, Time Limitations of Development Order for Each Phase, provides the maximum length of each administrative time extension for each development order governed by this Code except when there is a government caused delay. When such a delay is documented, the Executive Director of PZB shall grant such extensions as necessary to offset government caused delays, not necessarily equal to the time of the delay, and each extension shall be based only on a delay that has already occurred. It is the responsibility of the property owner to notify staff in writing of the delay, and document the cause of the delay, however, no application or fee will be required.

b.   Conditions of Approval not Requiring the Posting of Performance Security Pursuant to Art. 12.C.2, Conditions

An administrative extension shall not exceed 12 months, with the exception of time certain project buildout date condition(s) as mandated by the Traffic Performance Standards. An administrative extension for a project buildout date condition may be granted up to the Buildout Period assumed in the Traffic Study submitted with the application, provided that it has been reviewed and approved by the County Engineer and that no additional conditions of approval are necessary to comply with the Traffic Performance Standards. If additional conditions of approval are required, the request for time extension through the new project buildout year shall be submitted in the form of a Development Order Amendment to the BCC or ZC, as appropriate, for approval. Subsequent applications may be filed, however, the total administrative extensions approved shall not exceed 24 months except 1) for project buildout date conditions and 2) when government-caused delays can be documented as the reason for failure to meet required deadlines. The Executive Director of PZB shall grant such extensions as necessary to offset government-caused delays, not necessarily equal to the time of delay, and each extension shall be based only on a delay that has already occurred. It is the responsibility of the property owner to notify staff in writing of the delay, and document the cause of the delay, however, no application or fee will be required. If the BCC has previously approved a time extension, any administrative extensions of time shall not extend more than 24 months from the original date for compliance except 1) for project buildout date conditions and 2) when there have been government-caused delays. If government caused delay has prevented compliance with a condition of approval which is due prior to the issuance of a building permit or certificate of completion, the compliance deadline may extended to a specific date. The condition will then be subject to the review requirements of this Section for time certain conditions of approval. [Ord. 2007-001]

c.     Conditions of Approval Requiring the Posting of Performance Security pursuant to Art. 12.C.2, Conditions

A one-time administrative time extension not to exceed six months shall be the maximum. [Ord. 2005-002] [Ord. 2007-001]

3.   In reviewing applications for administrative time extensions for requirements other than conditions of approval and variances, the Executive Director of PZB shall approve a time extension provided there are no current Code violations or outstanding liens or fines and the development order; [Ord. 2007-001]

a.   Is consistent with the Plan;

b.   Is consistent with the Code; and

4.   In reviewing applications for administrative time extensions for compliance with conditions of approval, the Executive Director of PZB shall consider the following:

a.   Attempts by the applicant to complete the unfulfilled condition;

b.   The reliance by other parties on the timely performance of activity;

c.   Any changed circumstances, which may have interfered with the ability of the property owner to meet the time certain requirement;

d.   Actions of other parties that may have precluded compliance;

e.   The existence of extraordinary mitigating factors; and

f.    Compliance with the review criteria in Art. 2.F.3.D.6.b, Performance Security Required and Art. 2.E.2.B, Administrative Extension of Time, for posting of performance security for a concurrency reservation.

5.   In reviewing applications for administrative extensions for variances, the criteria listed in Art. 2.E.2.B.4.a-f shall apply. [Ord. 2007-001]

6.   When the extension of time is for the payment of fees, the amount due shall increase by an interest payment equal to the rate established by F.S. § 55.03. The interest rate established at the time an extension is approved shall remain the same until the fee is paid. If the extension covers a period less than a year, then the interest shall be prorated. [Ord. 2007-001]

7.   When the Executive Director of PZB approves an extension of time for completion of a time certain requirement, he/she may require the property owner to guarantee the completion by furnishing a cash deposit, letter of credit, or surety bond. [Ord. 2007-001]

C.   Appeal

An appeal of a denial of an administrative time extension may be made to the BCC for development orders approved by the BCC or ZC, and to the DRAB for conditions imposed by the DRO and to the hearing officer for variances. An appeal shall be made upon forms prescribed by the department within 30 days of the mailing of the notice that the request for an administrative extension has been denied. [Ord. 2007-001]

1.   The appeal shall be set on the BCC agenda within 60 days of receipt by the department. The BCC shall either affirm the decision of the department or grant an extension of time. This decision shall be made within 65 days of the date the appeal first appears on an agenda of the BCC unless a longer postponement is requested by the property owner. An extension of time may be granted only upon a finding by the BCC that the requirements of Art. 2.E.2.B, Administrative Extension of Time.

2.   An appeal to the DRAB shall be made pursuant to Art. 2.A.14.C.2.b, Administrative DO. [Ord. 2010-022]

D.   Failure to Comply with Conditions or Time Requirements other than for a DRO Imposed Condition of Approval

1.   Scheduling of Status Reports

If a property owner fails to comply with a time requirement and has not received a time extension, staff shall advertise a status report public hearing for the Board (BCC or ZC) that approved the Development Order. If a property owner violates a condition of approval, staff may advertise a status report public hearing for the Board (BCC or ZC) that approved the Development Order. The hearing shall be held within 90 days of the filing of the notice required by Art. 2.E.2.A, Suspension of Development Orders. Staff may delay the scheduling of the status report public hearing if, prior to the most recent deadline for compliance, the property owner files for an amended or new Development Order which may affect the time requirement or any condition being violated. If the new application is approved and the time requirement has not been affected, or if the application is denied, staff will place the status report on a BCC or ZC agenda within 65 days of the approval of the new application. Staff will not delay scheduling of the status report when the property owner fails to comply with a Development Order Condition of Approval that is required for compliance with Traffic Performance Standards. [Ord. 2010-022]

2.   Status Report Review Criteria

The status report shall contain:

a.   a description of the development order;

b.   a 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;

c.   a description of any Code violations;

d.   a description of any uncompleted conditions or time certain requirements;

e.   a review of criteria set forth in Art. 2.E.2.B, Administrative Extension of Time, for status reports prepared for failure to comply with a condition of approval;

f.    a description of any violation of a condition of approval and circumstances related to the violation; and

g.   a determination of whether the development order is consistent with the Plan and is consistent with the Code.

3.   Status Report – Additional Criteria

After the expiration of time extensions totaling four or more years approved by the BCC or ZC, the BCC or ZC may consider changed circumstances and compatibility issues.

4.   Staff Recommendations

Based on the factors identified in Art. 2.E.2.D.2, Status Report Review Criteria, and Art. 2.E.2.D.3, Status Report – Additional Criteria, staff shall make a recommendation for one or more of the actions identified in Art. 2.E.2.D.8.b. [Ord. 2005-002]

5.   Procedures

Consideration of all actions permitted by Art. 2.E.2.D.8.b, except a rezoning shall occur in the following manner: [Ord. 2005-002]

a.   Public Hearing

At least one public hearing shall be held by the ZC or by the BCC, as applicable.

b.   Mail Notice

The owner of record shall be notified in writing of the Executive Director’s status report and recommendation to the BCC or ZC. Written notice shall consist of a letter sent at least 14 calendar days prior to the hearing by certified mail, return receipt requested, to the last known address of the owner of record as it appears in the official records of the PBC Property Appraiser’s Office. Proof of the receipt shall be presented at the hearing. In the event that the owner fails to acknowledge receipt of mail notice or the notice is returned unopened, newspaper publication, as set forth below, shall be deemed sufficient notice. Written notice shall include:

1)   A statement that the time period has expired or that a condition of approval has been violated and that the development shall be subject to review;

2)   The Executive Director’s recommendation to the BCC or ZC;

3)   A statement that review may result in one or more of the actions identified in Art. 2.E.2.D.8.b. [Ord. 2005-002]

4)   Notice of the date, time, and place of the hearing before the BCC or ZC, during which the report and recommendation of the Executive Director of PZB will be heard;

5)   A statement of the owner’s right to appear and to present relevant information to rebut or to supplement the report of the Executive Director of PZB; and

6)   Such other information as may be necessary and appropriate to accomplish the goals of this Section.

c.   Newspaper Publication

Notice of the hearing shall be published in a newspaper of general circulation in accordance with F.S. § 125.66(2)(a). Notice shall be published at least ten days prior to the hearing.

6.   Procedures for Rezoning Less than Ten Acres

Consideration of all rezonings on properties less than ten contiguous acres, by the BCC, shall occur in the following manner: [Ord. 2005-002]

a.   Public Hearing

The BCC shall hold at least one public hearing on a proposed amendment to the boundaries of the Official Zoning Map.

b.   Mail Notice

The owner of record shall be notified in writing of the Executive Director’s status report and recommendation to the BCC and shall be noticed in accordance with F.S. § 125.66(4)(b)3. Written notice shall consist of a letter sent at least 30 calendar days prior to both the first and second hearings by certified mail, return receipt requested to the last known address of the owner of record as it appears in the official records of the PBC Property Appraisers Office. In the event that the owner fails to acknowledge receipt of mail notice or the notice is returned unopened, newspaper publication, as set forth below, shall be deemed sufficient notice. Written notice shall include the items as stated in Art. 2.E.2.D.5.b.1)-6).

c.   Newspaper Publication

In addition to the notice mailed to the owner of record, notice of the hearing shall be published in a newspaper of general circulation in accordance with F.S. § 125.66(2). Notice shall be published at least ten days prior to the hearing.

7.   Procedure for Rezoning Ten or More Acres

Prior to consideration of all rezonings on properties of ten or more contiguous acres by the BCC, notice to the owner of record and advertisement of the proceedings shall occur in the following manner: [Ord. 2005-002]

a.   Public Hearing

The BCC shall hold two public hearings on a proposed amendment to the boundaries of the Official Zoning Map when the amendment would affect ten or more contiguous acres of total unincorporated land area. The second public hearing shall be held at least ten calendar days after the first public hearing in accordance with F.S. § 125.66(4)(b)1.

b.   Mail Notice

The owner of record shall be notified in writing of the Executive Director’s status report and recommendation to the BCC and shall be noticed in accordance with F.S. § 125.66(4)(b)3. Written notice shall consist of a letter sent at least 30 calendar days prior to both the first and second hearing by certified mail, return receipt requested, to the last known address of the owner of record as it appears in the official records of the PBC Property Appraisers Office. In the event that the owner fails to acknowledge receipt of mail notice or the notice is returned unopened, newspaper publication, as set forth below, shall be deemed sufficient notice. Written notice shall include the items as stated in Art. 2.E.2.D.5.b.1)-6) above.

c.   Newspaper Publication

In addition to the notice mailed to the owner of record, notice shall be published in a newspaper of general circulation in the PBC. Notice shall be published once for each hearing; the first publication shall be at least seven calendar days prior to the date of the first hearing and the second publication shall be least five calendar days prior to the second hearing. The notice shall state the date, time, and place of the hearing; the proposed action; and the place within the PBC where the status report and recommendation may be inspected by the public. The notice shall advise that interested parties may appear at the hearing and be heard with respect to the report and recommendation. A copy of such notice shall be kept available for public inspection at the PZB during regular business hours.

8.   Decision of the BCC or ZC for Failure to Comply with the Following:

Time requirements to commence development, utilize a Conditional Use or record a plat; or Non-performance security conditions (required by Art. 12.C.2, Conditions). [Ord. 2005-002] [Ord. 2007-001] [Ord. 2017-007]

a.   The BCC or ZC shall consider the factors enumerated in Art. 2.E.2.D.2, Status Report Review Criteria above, and the recommendation of PZB. [Ord. 2005-002]

b.   After deliberation, the BCC or ZC shall take one or more of the following actions:

1)   Grant a time extension:

a)   To commence development, utilize a Conditional Use, or record a plat for a period not to exceed 36 months. The term of the time extension shall commence upon the expiration of the date to complete the time certain activity, or the expiration of the last extension, whichever is applicable. A time extension shall only be granted if the development order is consistent with the Plan and the Code. Options, which may be used to cause the Development Order to be consistent, include revocation of Concurrency and the amendment of Conditions of Approval. [Ord. 2005-002] [Ord. 2008-003] [Ord. 2017-007]

b)   To comply with a condition of approval for a period not to exceed 24 months 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 the Buildout Period assumed in the Traffic Study. The term of the time extension shall commence upon the expiration of the date to complete the time certain activity, or the expiration of the last extension, whichever is applicable. When the BCC or ZC approves an extension of time for the payment of fees, the amount due shall increase by an interest payment equal to the rate established by F.S. § 55.03. The interest rate established at the time an extension is approved shall remain the same until the fee is paid. If the extension covers a period less than a year, the interest shall be prorated. [Ord. 2007-001]

2)   Adopt a resolution which will rezone the property to an appropriate zoning district;

3)   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. 2017-007]

4)   Adopt a resolution, which will impose additional or modified conditions, voluntary commitments, or permit the property owner to initiate a petition to add or modify conditions or voluntary commitments, as directed by the BCC or ZC. New or modified conditions or voluntary commitments, shall include bringing the development into conformity with current Codes and regulations;

5)   Direct staff to cite the property owner for violating the provisions of this Code;

6)   Adopt a resolution to amend or revoke the development order or map amendment for the undeveloped or unplatted portion of the project;

7)   Exempt from further review of any development order which rezoned property to a district which does not exceed the density or intensity permitted by the Plan 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

8)   Deny or revoke a building permit; issue a stop work order; deny or revoke a 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.

c.   If the BCC or ZC fails to act on staff recommendations within the prescribed time period, or if the Executive Director of PZB grants an administrative time extension, the issuance of new development orders shall immediately resume.

d.   The decision of the BCC or ZC shall be rendered within 65 days of the originally advertised public hearing, provided that the property owner has not requested a postponement of the matter. A postponement approved at the request of the property owner may not exceed 12 months from the due date for compliance.

e.   If a developer’s agreement for the commitment of utility services has expired prior to the expiration of any deadline to commence development or record a plat, the notice required by Art. 2.E.2.A, Suspension of Development Orders, shall not be recorded until a new developer’s agreement has been executed.

9.   Decision of the BCC or ZC for Failure to Comply with a Condition of Approval Which Requires the Posting of Performance Security Pursuant to Art. 12.C.2, Conditions.

The BCC or ZC shall take one or more of the following actions: [Ord. 2005-002]

a.   Approve a time extension not to exceed six months based on the criteria of Art. 2.F.3.D.6, Receipt of a Concurrency Reservation with Conditions, and Art. 2.E.2.B, Administrative Extension of Time, if an administrative time extension was not approved. The term of the time extension shall commence upon the expiration of the date to post performance security. In no case shall the total time to post performance security exceed 12 months from the date of the development order, which imposed the condition to post performance security;

b.   Adopt a resolution to revoke any special exception or conditional use;

c.   Adopt a resolution to rezone the property to the lowest zoning district consistent with the property’s FLU designation if the concurrency reservation applied to a development order which rezoned the property; and/or

d.   Adopt a resolution to amend the condition in compliance with Art. 12.C.2, Conditions.

E.   Failure to Comply with Conditions of Approval Imposed by the DRO

1.   If a property owner has not received an administrative time extension prior to the deadline to comply with a condition, or has exhausted all administrative time extensions, a time extension application may be submitted to the DRO. The application must be received by the DRO prior to the compliance deadline. The DRO shall consider the criteria set forth in Art. 2.E.2.B, Administrative Extension of Time, based on these criteria, the DRO shall:

a.   Revoke the certification of the site plan or subdivision plan;

b.   Amend or delete the condition; or

c.   Direct staff of the Code Enforcement Division to cite the property owner for failure to comply with the condition.

2.   If a property owner fails to submit an application pursuant to Art. 2.E.2.E, Failure to Comply with Conditions of Approval Imposed by the DRO, shall direct staff of the Code Enforcement Division to cite the property owner for failure to comply with the condition.

3.   Decisions of the DRO made pursuant to this Section may be appealed to DRAB pursuant to Art. 2.G.3, Appointed Bodies.

F.   Failure to Use Variance

If a property owner fails to utilize a variance within the timeframes as provided in Table 2.E.3.B, Time Limitation of Development Order for Each Phase, the variance shall become null and void. [Ord. 2007-001]

G.   Expiration of Time Extensions Granted by the BCC

In the event that the property owner has not complied with the condition of development approval or time certain activity at the expiration of a time extension, the development order shall be subject to the requirements of Art. 2.E.2.B, Administrative Extension of Time, Art. 2.E.2.D, Failure to Comply with Conditions or Time Requirements other than for a DRO Imposed Condition of Approval, or Art. 2.E.2.E, Failure to Comply with Conditions of Approval Imposed by the DRO, herein, as appropriate. [Ord. 2005-002] [Ord. 2007-01]

H.   Fees

Fees to implement this Section shall be established by the BCC.

Section 3   Supplementary Regulations for Classes of Development Orders

A.   Classes of Development Approvals

Unless otherwise established in the development order, the time frames provided in Table 2.E.3.B, Time Limitation of Development Order for Each Phase, apply. Permitted time frames do not change with successive owners.

B.   Effect of Phasing on Time Frames for Receipt of a Required Permit or Commencement of a Required Action

1.   Residential District (Non-PDD or TDD) PUD and TND Districts

The development order and master plan or final subdivision plan for the Residential District (Non-PDD or TDD) PUD, or TND Districts, may provide for phasing. Table 2.E.3.B, Time Limitation of Development Order for Each Phase, provides time requirements for recording plats.

2.   Conditional Use, PDDs other than PUDs, TTDs and TMDs

The Final site plan/Final Subdivision plan for Conditional Use, PDDs other than PUDs, TTDs, or TMDs, may provide for phasing. Table 2.E.3.B, Time Limitation of Development Order for Each Phase, provides the maximum number of phases permitted for each type of development order. If there are multiple phases, the first phase shall contain a minimum of 20 percent of the land area and the first and second phases shall contain a combined minimum of 40 percent of the land area unless otherwise approved in the development order approved by the BCC or ZC. A TMD in the U/S Tier shall include a minimum of 25 percent residential/non-residential of the total project. Art. 2.E.3.B.3.b, Final Site Plan or Final Subdivision Plan, also provides time requirements for commencement of development. [Ord. 2006-004] [Ord. 2007-001] [Ord. 2017-007]

3.   Effect of Modification to a Development Order on the Time Requirements of this Section

a.   PDD or Conditional Use

1)   Administrative modification of site plan does not alter original time certain requirement.

2)   BCC or ZC modification to development orders may include a condition of approval which provides a new time for commencement of development or to record a plat (up to the maximum time permitted for a new development order) if the modification and all undeveloped areas of the project are determined to meet all requirements for approval of a development order for a new project.

b.   Final Site Plan or Final Subdivision Plan

A modification to a site plan or subdivision plan shall only establish a new time to commence development or record a plat as provided in Table 2.E.3.B, Time Limitation of Development Order for Each Phase, if the site plan or subdivision plan is certified based on a determination of compliance with all current Code requirements, including concurrency.

CHAPTER F     CONCURRENCY (ADEQUATE PUBLIC FACILITY STANDARD)

Section 1   General

A.   Purpose and Intent

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]

B.   Authority

The BCC has the authority to adopt this Article pursuant to Art. VIII, § 1, Fla. Const., the PBC Charter, F.S. § 125.01, et al seq., F.S. § 163.3161(8), F.S. § 163.3177(10)(h), and F.S. § 163.3202(2)(g).

C.   Applicability

1.   General

Concurrency shall be obtained for all development orders and subsequent development orders unless the project is exempt from the requirements of this Article.

D.   Exemptions

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.

E.   Unified Planning Area

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.

Section 2         LOS Standards

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.

Section 3         Review for Adequate Public Facilities

A.   General

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]

B. Procedure for Review of Application for a Concurrency Reservation

1. Submission of Application

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]

2. Determination of Sufficiency

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.

3. Determination of Review

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.

4. Review and Recommendation

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.

5. 90-Day Negotiation

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.

6. Approval

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]

C.   Standards for Review of Application for Adequate Public Facilities Determination and Concurrency Reservation

The following standards for each facility shall be used in deciding whether to approve or deny a Concurrency Reservation.

1.   Potable Water, Sanitary Sewer, Solid Waste and Park and Recreation and Linked Open Space and Fire-Rescue Facilities

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.

2.   Drainage Facilities

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.

3.   Traffic Facilities

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 Improvements 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]

4.   Mass Transit Facilities

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.

D.   Rules of General Applicability for a Concurrency Reservation

1.   Expiration

Unless revoked by the BCC or the ZC reservation is valid for the life of a specific development order pursuant to Art. 2.F, Concurrency, 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 Art. 2.F, Concurrency, 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]

2.   Effect

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.

3.   Assignability and Transferability

A reservation may be assignable or transferable, within the same approved development or to successors in interest for the same property.

4.   Extension of a Reservation

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.

5.   Phasing of a Reservation

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.

6.   Receipt of a Concurrency Reservation with Conditions

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.

b.   Performance Security Required

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.

7.   Amendment of Certificate of Concurrency Reservation

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.

8.   Revision of a Concurrency Reservation

A revision to a concurrency reservation shall be required prior to the approval of any reduction in approved square footage on the certified plan.

9.   Effect of Agreement in Conjunction with a Certificate of Concurrency Reservation

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.

E.   Procedure for Equivalency Determination

1.   Submission of Application

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.

2.   Review and Recommendation

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.

3.   Approval of Equivalency

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.

4.   Denial of Equivalency

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.

Section 4   Entitlement Density and Entitlement Intensity

A.   General

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]

B.   Submission of Application

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]

C.   Determination of Sufficiency

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.

D.   Decision by PZB Executive Director

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]

E.   Standards for Entitlement Density and Entitlement Intensity

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 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]

Section 5   Administrative Appeal Process

A.   General

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]

B.   Procedure

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.

C.   Standard

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.

D.   Written Order

The decision of the DRAB shall be in writing and a copy of the decision shall be forwarded to the appealing party.

E.   Appeal to Circuit Court

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.

CHAPTER G     DECISION MAKING BODIES

Section 1         Board of County Commissioners

A.   Powers and Duties

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 application 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]

Section 2         General Provisions

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. 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]

A.   Board Membership

1.   Qualifications

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.

2.   Term of Office

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.

3.   Vacancy

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.

4.   Maximum Number of Boards

The maximum number of boards a person may serve on at one time shall be three. [Ord. 2006-004]

5.   Elected Office

Members shall not be prohibited from qualifying as a candidate for elected office.

B.   Appointments and Termination

1.   Appointments

a.   Individual BCC Appointments