§ 2.4.5. Procedures for obtaining development approvals.

(A)

Amendments to the Comprehensive Plan. Amendments to the Comprehensive Plan shall be processed pursuant to F.S. 163.3184 through 163.3253, as may be amended. (Ord. No. 38-17 , § 2, 11-7-17)

(B)

Developments of Regional Impact (DRI).

(1)

Rule. When a development application is for a project which is at a presumptive threshold or up to 20 percent above a numerical threshold in guidelines and standards in F.S. 380 or administrative rules promulgated thereunder, the applicant shall be required to submit and receive a determination from the Department of Community Affairs as to whether or not such development is a development of regional impact as defined by F.S. 380.06. When such a determination has been made that the DRI process pursuant to F.S. 380.06 must be followed or for a DRI where the applicant has waived the right to request a binding letter, then any development application sought from the City for such DRI shall be accompanied by and filed simultaneously with an application for development approval (ADA) seeking development of regional impact review pursuant to F.S. 380.06.

(2)

Procedure. The ADA shall be processed simultaneously with the development application. Procedures which are established for the categories of development application shall be followed. No final action shall be taken by the City on any City development application for the project until the City is in a position to concurrently act upon the application for development approval (ADA).

(C)

Annexation of territory.

(1)

Rule. The owner of land may seek the annexation of contiguous property, under his ownership. The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the City may initiate annexation of property pursuant to Florida Statutes. [Amd. Ord. 2-95 1/17/95]

(2)

Required information. A request for voluntary annexation shall be in the form of a Petition to the City Clerk in which a request for annexation is made. The Petition must identify the property to be annexed by legal description and must state the desired zoning. A voluntary annexation petition must be accompanied by a zoning application. In addition to information required for the zoning action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity shall be provided. Requirements for non-voluntary annexations are pursuant to applicable sections of Florida Statutes Chapter 171. [Amd. Ord. 2-95 1/17/95]

(3)

Procedure. The voluntary annexation petition shall be considered with the zoning application and shall be subject to the zoning procedures. For voluntary annexations, prior to second reading of the enacting ordinance by the City Commission, notice of the annexation shall be published pursuant to 2.4.2(B)(1)(a)(2). Non-voluntary annexations require a recommendation of the Planning and Zoning Board, and shall be processed pursuant to applicable requirements of Florida Statutes Chapter 171. [Amd. Ord. 2-95 1/17/95]

(4)

Findings. The City Commission must make findings that the annexation is consistent with Objective B-3 of the Land Use Element, and complies with F.S. Chapter 171. [Amd. Ord. 2-95 1/17/95]

(D)

Change of zoning district designation.

(1)

Rule. The City Commission, by ordinance, after review and recommendation for approval by the Planning and Zoning Board may amend the Official Zoning Map.

(2)

Required information. Standard application items pursuant to 2.4.3(A) shall be provided. Traffic information prepared in accordance with Section 2.4.3(E) and which addresses the development of property under reasonable intensity pursuant to the existing and proposed zoning shall be provided. In addition, a statement of the reasons for which the change is being sought must accompany the application. Valid reasons for approving a change in zoning include:

•

That the zoning had previously been changed, or was originally established, in error;

•

That there has been a change in circumstance which makes the current zoning inappropriate;

•

That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood.

(3)

Procedure. A zoning petition shall be processed through the following sequence:

(a)

Receipt and certification as complete;

(b)

Consideration at a public hearing before the Planning and Zoning Board;

(c)

Forwarding of a recommendation for approval to the City Commission and consideration at first reading of the enacting ordinance;

(d)

Public hearing before the City Commission and adoption or rejection at second reading.

(4)

Conditions. A zoning action may be conditioned in such a way to limit the intensity of development when such a limitation is necessary in order to provide for concurrency or to mitigate against the violation of an adopted level of service standard.

(5)

Findings. In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills at least one of the reasons listed under Subsection (2).

(6)

Limitations of rezonings. Whenever the City Commission has denied an application for a change in zoning designation of property, the City Commission shall not thereafter:

(a)

Consider any further application for the same zoning change on any part or all of the same property for a period of 12 months from the date of such action;

(b)

Consider an application for any other kind of zoning on any part or all of the same property for a period of six months from the date of such action.

The time limits stated above may be waived by three affirmative votes of the City Commission when such action is found and deemed necessary to prevent injustice or to facilitate the proper development of the City (173.887). Further, the above limitations shall not apply to a petition which expires during processing or denied in a manner deemed as "without prejudice"

(E)

Establishment of a conditional use.

(1)

Rule. The City Commission, by motion, after review and recommendation for approval by the Planning and Zoning Board may approve or reject a request for a conditional use.

(2)

Required information. Standard application items pursuant to 2.4.3(A) shall be provided. In addition, if establishment of the use requires new improvements on a site or substantial changes to existing improvements, a sketch plan showing the extent of those improvements shall be provided. At its discretion, the Planning and Zoning Board may require submission of a site plan prepared pursuant to Section 2.4.3(B). At the applicant's discretion, a simultaneous site plan application and conditional use application may be filed.

(3)

Procedure. A conditional use request shall be processed through the following sequence:

(a)

Receipt and certification as complete;

(b)

Consideration at a public hearing before the Planning and Zoning Board;

(c)

Forwarding of a recommendation to the City Commission;

(d)

Action by motion of the City Commission to either approve, approve subject to conditions, or deny.

(4)

Conditions. Conditions may be imposed pursuant to Section 2.4.4(C). In addition, limitations on the hours of operation and/or the longevity of the use may be imposed.

(5)

Findings. In addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not:

(a)

Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located;

(b)

Hinder development or redevelopment of nearby properties.

(6)

Abandonment of a conditional use. When a conditional use is discontinued or abandoned for a continuous period of 180 days, or an intervening use is established, the conditional use may not be reestablished without a new application for said conditional use being filed, reviewed, and approved pursuant to this Subsection (E).

(7)

Modification of a conditional use approval. An approved Conditional Use may be modified. If the modification involves only the implementation or compliance with conditions of approval, the modification may be approved by the Director. If the modification involves intensity of use or hours of operation, the modification must be approved by The Planning and Zoning Board. If the Board finds that the requested modification is significant, then the modification must be heard as a new Conditional Use application. Any request for a modification may be denied.

(F)

Site and Development and Master Development Plans (MDP). [Amd. Ord. 50-97 11/18/97]

(1)

Rule. Site and development plans are divided into five classifications. Class I - Class IV are modifications to site and development plans and are further described in Section 2.4.5(G). The Site Plan Review and Appearance Board, or the Historic Preservation Board, as applicable, may approve, approve subject to conditions or deny a Class V site and development plan. A Class V Site and Development Plan is described as follows: [Amd. Ord. 50-97 11/18/97]

(a)

Class V. New application for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. [Amd. Ord. 50-97 11/18/97]

(2)

Required information. The following information must be presented in a site and development plan or a Master Development Plan submittal: [Amd. Ord. 50-97 11/18/97]

•

Standard Application Items pursuant to Section 2.4.3(A);

•

Standard Site Plan Items pursuant to Section 2.4.3(B);

•

Standard Landscaping Plan Items pursuant to Section 2.4.3(C); [Amd. Ord. 50-97 11/18/97]

•

Preliminary Engineering Plans pursuant to Section 2.4.3(D);

•

Traffic Statement, Study, Report pursuant to Section 2.4.3(E).

•

Standard Architectural Elevation Items pursuant to Section 2.4.3(G); [Amd. Ord. 50-97 11/18/97]

(3)

Procedure. A site and development plan shall be processed through the following sequence:

(a)

Receipt and certification as complete;

(b)

Consideration at a public meeting before the Planning and Zoning Board, the Site Plan Review and Appearance Board, or the Historic Preservation Board as appropriate, at which time action may be taken.

(c)

For Class V site plan applications that include a request under the CBD's Incentive Program (see Section 4.4.13(H)): final action before the City Commission, after receiving a recommendation from the Site Plan Review and Appearance Board. [Amd. Ord. 03-15 02/24/2015]

(4)

Conditions. Conditions may be imposed pursuant to Section 2.4.4(C).

(5)

Findings. In addition to provisions of Chapter 3, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values.

(6)

Master Development Plans, Special Provisions.

(a)

A Master Development Plan (MDP) for property not located within a designated historic district and not located on an individually listed property shall be approved by the Planning and Zoning Board. A MDP shall be the guide for any subsequent site plan or subdivision action. A site plan shall be required for any phase or the entire area encompassed by a MDP. Individual site plans shall be processed pursuant to Section 2.4.5(G), (H), and (I) with approval authority of the Site Plan Review and Appearance Board. [Amd. Ord. 23-09 5/19/09]; [Amd. Ord. 50-97 11/18/97]

(b)

A Master Development Plan (MDP) for property located within a designated historic district or on an individually listed property shall be approved by the Historic Preservation Board. A MDP shall be the guide for any subsequent site plan, subdivision, and/or certificate of appropriateness, individual applications for which shall be approved by the Historic Preservation Board. [Amd. Ord. 23-09 5/19/09]

Variances and waivers to the requirements of base district standards and supplemental district regulations, referred to herein, may be granted by the Planning and Zoning Board concurrent with approval of the Master Development Plan (MDP) without the requirement of a public hearing.

(7)

Master development plan of record. Upon approval of a MDP, the approved MDP shall be stamped and certified by the Director as to its status. Subsequent to approval of a MDP, all further submissions for review and permits shall conform in every respect with the MDP except as it may be officially modified pursuant to Section 2.4.5(G).

(G)

Modifications to site and development plans.

(1)

Rule. No change or modification shall be made to an approved site specific development plan or a Master Development Plan unless application therefore has been made and the modification approved. Modifications to such plans shall be classified as follows: [Amd. Ord. 50-97 11/18/97]

(a)

Class I. Approval of items listed in Section 2.4.5(I)(1) such as but not limited to: walls, fences, slabs, dumpster enclosures, sheds, etc. which do not require Board review; and changes in architectural elevations which require Board review. [Amd. Ord. 50-97 11/18/97]

(b)

Class II. Approval of a modification to a site plan (other than Class I applications) which requires no review of Performance Standards found in Section 3.1.1, but which requires action by a Board. [Amd. Ord. 50-97 11/18/97]

(c)

Class III. A modification to the site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requiring partial review of Performance Standards found in Section 3.1.1. [Amd. Ord. 50-97 11/18/97]

(d)

Class IV. A modification to a site plan which represents either a significant change in the intensity of use or significant changes which affect the spatial relationship among improvements on the land, requiring full review of Performance Standards found in Section 3.1.1. [Amd. Ord. 50-97 11/18/97]

(2)

Required information. The following information, along with the appropriate processing fee, must be presented with a request for a site and development plan modification:

(a)

Class I and II. Completed Application along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. [Amd. Ord. 50-97 11/18/97]

(b)

Class III and IV. Completed Application, and Required Information as applicable pursuant to Section 2.4.3(A), (B), (C), (D), (E), and (G) shall be provided along with a copy of the original site plan upon which the proposed changes are depicted. [Amd. Ord. 50-97 11/18/97]

(3)

Procedure. A site and development plan modification shall be processed as follows, pursuant to its classification: [Amd. Ord. 50-97 11/18/97]

(a)

Class I and II. Receipt and acceptance of the submittal, administrative review, and action by the Director, or appropriate review Board if applicable. [Amd. Ord. 50-97 11/18/97]

(b)

Class III and IV. Receipt and acceptance of the submittal and action by the appropriate review Board. [Amd. Ord. 50-97 11/18/97]

(4)

Conditions. Conditions may be imposed pursuant to Section 2.4.4(C).

(5)

Findings. Formal findings are not required for a Class I or II modification. A finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. Class IV modification is subject to the same findings required of a new submittal. [Amd. Ord. 50-97 11/18/97]

(H)

Landscaping plans.

(1)

Rules.

(a)

The Site Plan Review and Appearance Board or the Historic Preservation Board, as appropriate, may approve, approve subject to conditions or deny a landscape plan for other than single family residences and duplexes.

(b)

The Chief Building Official, or his designee, shall approve, approve subject to conditions, or deny a landscape plan which applies to lot by lot single family construction.

(2)

Required information. The following information is required for consideration of a landscape plan:

(a)

Standard Submittal Items pursuant to 2.4.3(A).

(b)

Landscape Plan Items pursuant to 2.4.3(C).

(c)

Single family residence or duplex plans shall be sufficiently detailed to address the minimum landscape requirements, but are not required to comply with (a) and (b).

(3)

Procedure. A landscape plan required for a single family residence is specifically exempt from review by the Site Plan Review and Appearance Board. A landscape plan for other than single family residences shall be processed through the following sequence:

(a)

Receipt and certification of the application as complete;

(b)

Consideration at a public meeting before the Site Plan Review and Appearance Board or the Historic Preservation Board at which time action may be taken;

For any site plan which is to be acted on, a preliminary landscaping plan may accompany the site plan. Comments made at that time would be addressed in the preparation of a landscape plan pursuant to 2.4.3(C).

For any site plan which falls under the purview of the Planning and Zoning Board, the applicant may appear before the Site Plan Review and Appearance Board with the approved site and development plan and seek direction as to compliance with the landscaping criteria of the Board prior to preparing and submitting a landscape plan pursuant to 2.4.3(C).

(4)

Conditions. Conditions may be imposed pursuant to Section 2.4.4(C).

(5)

Findings. At the time of action on a landscape plan, the approving body shall make finding with respect to the proposed plan's relationship to the following:

(a)

Objectives of landscaping regulations Section 4.6.16;

(d)

Site and landscape design standards pursuant to Section 4.6.16;

An overall determination of consistency with respect to the above items is required in order for a landscaping plan to be approved.

(I)

Architectural (appearance) elevations.

(1)

Rules.

(a)

The Site Plan Review and Appearance Board or the Historic Preservation Board, as appropriate, may approve, approve subject to conditions or deny architectural elevations or plans for a change in the exterior color of a building or structure, or for any exterior feature which requires a building permit. Exception to this rule include single family residences, which are not a part of a planned residential community; or for any development within the single family zoning districts; or for items maintained on a list of exempted items promulgated by the Director. [Amd. Ord. 27-93 4/13/93]

(b)

The Chief Building Official, or his designee, is hereby delegated the authority to approve, approve subject to conditions, or deny any building permit for the following items which would otherwise be subject to (1)(a), above, other than when such items are associated with initial approval of a development proposal subject to site and development plan action:

•

Features and exterior color changes which are not significantly visible from the public street system, facade changes which do not significantly alter the style or image of a structure, fences, walls, sheds, gazebos, flagpoles, screen enclosures, changes of roof material, changes of roof color, public enclosures, site lighting, awnings, canopies, construction trailers, decks, handrails (balcony railings), permanent hurricane shutters, changes in exterior wall openings to accommodate or alter overhead garage doors, doors, windows, dumpster enclosures, and attendant lot landscaping. [Amd. Ord. 27-93 4/13/93, Amd. Ord. 2-91 1/29/91]

(2)

Required information. The following information is required for consideration of an architectural plan which goes before a Board for approval:

(a)

Standard Submittal Items pursuant to 2.4.3(A);

(b)

Architectural Items pursuant to 2.4.3(G). Other items which require review and action by the Chief Building Official, or his designee, shall be as required by that office.

(3)

Procedure. An architectural plan submission which must go before a Board shall be processed through the following sequence:

(a)

Receipt and certification as complete;

(b)

Consideration at a public meeting before the Board at which time action may be taken.

For any site plan which is to be acted on by a Board, preliminary architectural plans may accompany the site plan in lieu of formal drawings. Comments made at that time would be addressed in the preparation of a formal submittal pursuant to Section 2.4.3(G).

For other situations in which architectural control is exercised by the Chief Building Official, appropriate action shall be taken concurrently with the processing of the associated building permit.

(4)

Conditions. Conditions may be imposed pursuant to Section 2.4.4(C).

(5)

Findings. At the time of action on architectural elevations the approving Board shall make findings with respect to the objectives and standards as contained in the architectural regulations, Section 4.6.18.

An overall determination of consistency with respect to the above is required in order for an architectural plan to be approved.

(J)

Major subdivision (platting).

(1)

Rule. The major subdivision process shall involve both the Planning and Zoning Board and the City Commission. Action on a preliminary plat shall rest with the Planning and Zoning Board. The City Commission shall be the final authority in the subdivision review process. The City Commission may approve or deny a final plat.

(2)

Required information. The following information must be presented in a subdivision (plating) submittal:

(a)

Preliminary plat.

•

Standard Application Items pursuant to Section 2.4.3(A);

•

Standard Preliminary Plat pursuant to Section 2.4.3 (H);

•

Preliminary Engineering Plans pursuant to Section 2.4.3(D);

•

Traffic Statement, Study, Report pursuant to Section 2.4.3(E).

(b)

Final plat.

•

Standard Application Items pursuant to Section 2.4.3(A);

•

Standard Final Plat Items pursuant to Section 2.4.3(H);

•

Final Engineering Plans pursuant to Section 2.4.3(F);

•

Receipted copies of applications for all permits required for water, sewer, drainage, and public street improvements which must be permitted by agencies other than the City;

•

Preliminary cost estimates for the construction of public improvements.

(3)

Procedure. A major subdivision plat shall be processed through the following sequence:

(a)

Preliminary plat.

•

Receipt and certification as complete;

•

Consideration at a public meeting before the Planning and Zoning Board at which time action may be taken.

(b)

Final plat.

•

Receipt and certification as complete;

•

Consideration by the Planning and Zoning Board for the purpose of certifying that the final plat is in compliance with the approved preliminary plat;

•

Consideration by the City Commission at which time the final plat may be approved or denied;

•

Upon receipt of the financial guarantee required to assure installation of public improvements, the Mayor shall execute the plat on behalf of the City;

•

After execution by the City, the plat shall be recorded pursuant to procedures as set forth by the City Clerk.

(4)

Conditions.

(a)

Conditions may be imposed pursuant to Section 2.4.4(C) on a preliminary plat.

(b)

A final plat may receive a conditional certification by the Planning and Zoning Board but said conditions shall apply only to items which cannot be immediately obtained from other agencies by the applicant. Otherwise, a final plat shall be in final form and ready for execution when forwarded to the City Commission.

(c)

A final plat shall not be approved subject to conditions.

(5)

Findings. The Planning and Zoning Board must make findings pursuant to Chapter 3 on a preliminary plat. The City Commission must make a finding that the Final Plat is consistent with the findings associated with the preliminary plat.

(K)

Minor subdivision (boundary plat, lot split).

(1)

Rule. The platting of a minor subdivision shall involve only the City Commission. The City Commission shall be the final authority in this subdivision process. The City Commission may approve or deny the final plat.

(2)

Required information. The following information must be presented for a minor subdivision submittal:

•

Standard Application Items pursuant to Section 2.4.3(A);

•

Standard Final Plat Items pursuant to Section 2.4.3(H);

•

Final Engineering Plans pursuant to Section 2.4.3(F);

•

Receipted copies of applications for all permits required for water, sewer, drainage, and public street improvements which must be permitted by agencies other than the City;

•

Preliminary cost estimates for the construction of public improvements.

(3)

Procedure. A minor subdivision plat shall consist of only a final plat which shall be processed through the following sequence:

•

Receipt and certification as complete;

•

Consideration by the City Commission at which time the final plat may be approved or denied;

•

Upon receipt of the financial guarantee required to assure installation of public improvements, the Mayor shall execute the plat on behalf of the City;

•

After execution by the City, the plat shall be recorded pursuant to procedures as set forth by the City Clerk.

(4)

Conditions. A final plat for a minor subdivision shall not be approved subject to conditions.

(5)

Findings. No specific findings are necessary for the approval of a final plat for a minor subdivision except that when it is a boundary plat for a single parcel which is to be developed pursuant to an approved site and development plan, a finding must be made by the City Commission that the final plat is consistent with the findings made upon approval of the site and development plan.

(L)

Vacation of recorded plats. [Amd. Ord. 46-95 9/5/95]

(1)

Rules.

(a)

Vacation. A plat, or any part of, a plat may be vacated by the owner of the land at any time prior to the sale of any lot therein provided that the vacating is approved by the City Commission. When lots have been sold, a plat may be vacated only if all the property owners join in written execution of such in writing. [Amd. Ord. 46-95 9/5/95]

(2)

Required information. The following information must be submitted in order to vacate a recorded plat:

•

Proof of ownership pursuant to Section 2.4.3(A)(3);

•

A certified copy of the plat which is to be vacated; [Amd. Ord. 46-95 9/5/95]

•

A petition, by letter, stating the action which is sought and the basis therefore;

•

The legal instrument which is to effectuate the vacation. [Amd. Ord. 46-95 9/5/95]

(3)

Procedures. A request for vacation of a recorded plat shall be accomplished in the following manner:

(a)

Submission of required information received and certified as being complete;

(b)

Review by the Planning and Zoning Board with respect to appropriateness of the proposed action and its implications on the publics rights in any of its public uses, improvements, streets, etc.; [Amd. Ord. 46-95 9/5/95]

(c)

Review of the proposed legal instrument which will affect the vacation with respect to form by the City Attorney; [Amd. Ord. 46-95 9/5/95]

(d)

Consideration by the City Commission at which time the request may be approved or denied;

(e)

Recording of the legal instrument pursuant to procedures as set forth by the City Clerk. [Amd. Ord. 46-95 9/5/95]

(4)

Conditions. A vacation instrument may not be conditionally approved; however, said instrument may contain provisions which require the applicant to mitigate adverse impacts associated with the vacation. [Amd. Ord. 46-95 9/5/95]

(5)

Findings. Prior to approving a vacation of a recorded plat, the City Commission must find that the abandonment of any affected public interest which had been created by the plat or any public improvement which was to have been provided in implementation of the plat, but which would not now be required, shall not have a significantly adverse impact upon the City's ability to obtain, retain, or maintain public facilities or tests of concurrency. [Amd. Ord. 46-95 9/5/95]

(M)

Amendment to the Land Development Regulations. [Amd. Ord. 50-97 11/18/97]

(1)

Rule. Amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or by an individual. An individual may request an amendment pursuant to the following procedures. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(2)

Required information. [Amd. Ord. 50-97 11/18/97]

(a)

Submission of a formal written request which references the subject LDR section and provides a rationale for the requested amendment; and [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(b)

A draft of the proposed ordinance including language to be amended; and [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(c)

By providing and analysis of the amendment and its potential impacts including support documentation such as exhibits, graphs, similar ordinances from other municipalities, etc.; and [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(d)

Submission of the processing fee pursuant to LDR Section 2.4.3(K). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(3)

Procedure. An amendment to the LDRs shall be processed through the following sequence: [Amd. Ord. 50-97 11/18/97]

(a)

Receipt and certification as complete; [Amd. Ord. 50-97 11/18/97]

(b)

Consideration at a public hearing before the Planning and Zoning Board; [Amd. Ord. 50-97 11/18/97]

(c)

Forwarding of a recommendation to the City Commission and consideration at first reading of the enacting ordinance; [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(d)

Public hearing before the City Commission and adoption or rejection at second reading. [Amd. Ord. 50-97 11/18/97]

(4)

Conditions. The proposed language for the amendment to the LDRs may be altered by the Planning and Zoning Board or the City Commission. [Amd. Ord. 50-97 11/18/97]

(5)

Findings. In addition to provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with the Comprehensive Plan. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

(6)

Limitations of amendments. Except for City initiated amendments, whenever the City Commission has denied an application for an amendment to the Land Development Regulations, the City Commission shall not thereafter consider any further application for the same type of individually initiated amendment for a period of 12 months from the date of such action. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]

The time limits stated above may be waived by three affirmative votes of the City Commission when such action is found and deemed necessary to prevent injustice or to facilitate the proper development of the City. Further, the above limitations shall not apply to a petition which expires during processing or denied in a manner deemed as "without prejudice". [Amd. Ord. 50-97 11/18/97]

(N)

Determination of similarity of use. [Amd. Ord. 50-97 11/18/97]

(1)

Rule. A determination of Similarity of Use shall be made only by the Planning and Zoning Board. [Amd. Ord. 50-97 11/18/97]

(2)

Required information. The appropriate processing fee along with a letter in which: [Amd. Ord. 50-97 11/18/97]

(a)

The requested use is identified and described; [Amd. Ord. 50-97 11/18/97]

(b)

The appropriate zoning designation is identified; [Amd. Ord. 50-97 11/18/97]

(c)

Rationale is provided as to why the use should be deemed similar to other uses already allowed in the identified zoning district. [Amd. Ord. 50-97 11/18/97]

(3)

Procedure. Upon receipt of the request, the Director shall cause it to be distributed to the City Manager, the City Commission, and the Chief Building Official and advise them of when the item will be before the Planning and Zoning Board. The request shall be placed on the next available agenda of the Planning and Zoning Board at which time action will be taken on it.

(4)

Conditions. The imposition of conditions is not appropriate as this item is an interpretation of the zoning code.

(5)

Findings. Prior to approving a requested determination of similarity of use, the Planning and Zoning Board must find that the requested use is, indeed, similar to other uses so allowed in the zoning district and is in keeping with the stated purpose of the district.

(O)

In-Lieu of parking and public parking fee request. [New Subsection Enacted by Ord. 80-06 1/2/07]

(1)

Rule. An in-lieu of parking or public parking fee request must be approved by City Commission with recommendations from the Parking Management Advisory Board and other Boards as deemed appropriate.

(2)

Required information. The following information must be submitted for an In-Lieu of Parking or Public Parking Fee request:

(a)

Sketch Plan including current and proposed square footage.

(b)

Scope of work (i.e. expansion of use, change of use, new construction, etc.).

(c)

Application and appropriate fee.

(d)

Current parking required and provided.

(e)

Parking required and parking provided to facilitate proposal.

(f)

For public parking fee requests: Adjacent rights-of-way and proposed parking to be constructed.

(3)

Procedure. Subject to Staff review and the provision of any additional information that shall be required an in-lieu of parking or public parking fee request shall be processed in the following manner:

(a)

Receipt and certification is complete.

(b)

Request must comply with Sections 4.6.9(E)(3) or 4.6.9(E)(4). [Amd. Ord. 21-11 8/2/11]

(c)

Consideration by Parking Management Advisory Board and other Boards as deemed appropriate.

(d)

Approval by City Commission.

(4)

Conditions. Conditions may be imposed pursuant to, but not limited to, Sections 4.6.9(E)(3) and/or 4.6.9(E)(4). [Amd. Ord. 21-11 8/2/11]

(5)

Findings. The City Commission find that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. For In-lieu requests, an additional finding must be made that adequate public parking options are available. For Public Parking Fee requests, an additional finding must be made that adequate public parking will be available pursuant to the requirements of Section 4.6.9(E)(4). [Amd. Ord. 21-11 8/2/11]