Chapter 18 Land Use and Development Regulations

Transcription

1 Chapter 18 Land Use and Development Regulations Table of Contents ARTICLE I. GENERAL PROVISIONS... 6 Section Short title Section Repeal and effective date Section Scope Section Buildings under construction Section Uncompleted structures Section Time limit Section Penalties Section Regulations in conflict Section Separability clause Section Annexed territory Section Vacant, filled and built-up land Section Complaints... 6 Section Exceptions to zoning ordinances ARTICLE II. COMPREHENSIVE PLAN... 7 Section Comprehensive plan adopted; administration ARTICLE III. ADMINISTRATION AND ENFORCEMENT... 8 Section Site plan review Section Concurrency Management [1] Section Zoning and Life Safety Compliance Inspection and Certification Section Amendments and Special Approvals Section Planned Project Regulations [2] Section Variances [3] Section Planning Board Section Reserved ARTICLE IV. SUBDIVISIONS [4] Section Title Section Short title Section Authority Section Jurisdiction

2 Section Purpose and intent Section Platting procedure Section Bonding Section Infrastructure Approval Section Warranty Section Fees Section Exceptions Section Revision of subdivided land to acreage Section Variances Section Design Standards Section Minimum requirements for the installation of improvements Section Certifications Section Violation Section Effective Date ARTICLE V. ZONING DISTRICTS Section Establishment of zoning districts and adoption of zoning map Section In General Section "R-1" SINGLE FAMILY RESIDENTIAL Section "R-2" MULTIPLE FAMILY RESIDENTIAL Section "C-1" COMMERCIAL RESTRICTED DISTRICT Section "C-2" COMMERCIAL GENERAL DISTRICT Section Reserved Section "I" INDUSTRIAL LIGHT DISTRICT Section "A" AGRICULTURAL DISTRICT Section Reserved Section Airport Zoning [5] Section Mobile Home Parks [6] ARTICLE VI. SPECIFIC USES Section Reserved Section House trailers and manufactured homes Section Apartment or group housing Section Community residential homes Section Bed and Breakfast Establishments [7]

3 Section Home Based Occupancies Section Junkyards Section Service Stations Section Alcoholic Beverages and Distribution [8] ARTICLE VII. TELECOMMUNICATIONS [9] Section Communication Rights-Of-Way Section Wireless Telecommunications Facilities Siting ARTICLE VIII. SUPPLEMENTARY DEVELOPMENT USE AND REGULATIONS Section Nonconforming lots Section Nonconforming use of land Section Exclusions from height limits Section Accessory uses and structures Section Fences, walls and hedges Section Essential service exception Section Reserved Section Development technical standards ARTICLE IX. SPECIAL EVENT AND TEMPORARY USE REGULATIONS Section Special Events [10] Section Garage Sales [11] Section Peddlers, Solicitors, Canvassers, etc ARTICLE X. OFF-STREET PARKING Section Off-street parking required Section Amount of off-street parking Section Parking of commercial vehicles Section Vehicular driveways ARTICLE XI. LANDSCAPING AND TREE PROTECTION [12] Section Short title Section Applicability Section Exemption Section Required landscaping Section Landscape development standards Section Maintenance, preservation and use standards Section Landscape plan procedure

4 Section Removal of trees and native vegetation Section Parking lot landscaping Section Definitions Section City Beautification and Tree Board [13] ARTICLE XII. NATURAL RESOURCE PROTECTION [14] Section Purpose and intent Section Scope Section Wetlands Section Reserved Section Groundwater and wellheads Section Wildlife habitat and unique natural areas Section Mining generally Section Hazardous wastes Section Air pollution Section Stormwater management ARTICLE XIII. FLOOD DAMAGE PREVENTION [15] Section Administration Section Applicability Section Duties and Responsibilities of the Floodplain Administrator Section Permit Required Section Site Plans and Construction Documents Section Inspections Section Variances and Appeals Section Violations Section Definitions Section Flood Resistant Development ARTICLE XIV. SIGN ORDINANCE [16] Section Purpose, intent and scope Section Content neutrality as to sign message (viewpoint) Section Off-premises signs Section On-premises signs in all districts Section Signs in the R-1 District Section Signs in the R-2 District

5 Section Signs on public property Section Signs in districts other than R-1 and R Section Illegal signs on public property Section Prohibited signs Section Miscellaneous safety requirements Section Permit required; application; building code Section Sign permit applications Section Revocation of sign permit Section Appeals Section Severability Section Definitions ARTICLE XV. DEFINITIONS Section General Section Terms defined

6 ARTICLE I. GENERAL PROVISIONS Section Section Short title. The map and ordinance shall in combination be known as the land development regulations and/or zoning code. Section Section Repeal and effective date. Ordinances inconsistent with this shall be repealed when this becomes effective on May 15, Section Section Scope. The ordinance covers all buildings, structures and uses of land in the corporate limits. Section Section Buildings under construction. Buildings under construction when the ordinance is passed may be completed if done so within one year. Section Section Uncompleted structures. Buildings must be completed within twelve (12) months after issuance of permit unless extended by the building inspector. Section Section Time limit. Building permit void unless building is underway within six (6) months from date of issuance. Section Section Penalties. Penalties for failure to comply with ordinance: not more than five hundred dollars ($500.00) nor imprisoned more than sixty (60) days. The architect, builder, contractor, or agent who assists or maintains such violation may likewise be found guilty of a separate offense. The town may take other lawful action to prevent or remedy any violation. Section Section Regulations in conflict. If the regulations of the ordinance are more restrictive than any covenants, easements, or private agreements, the ordinance prevails. If the covenants, or private agreements, or easements are more restrictive, they prevail. Section Section Separability clause. The validity of the ordinance as a whole is not affected if a particular provision is declared by the courts to be invalid. Section Section Annexed territory. Upon the extension of the town boundaries, the new area is automatically zoned for the highest residential use until studies can be made and a public hearing held on the best zoning for the new area. (Ord. No. 361, 1.10, ) Section Section Vacant, filled and built-up land. When any public street or alley is vacated, the district regulation for the abutting property is extended to the center of the vacated area. Section Section Complaints. Written complaints shall be filed with the building inspector who shall take immediate action. 6

7 Section Development technical standards. Section The City of DeFuniak Springs has adopted a development technical manual (DTM) by reference. All land development, redevelopment, construction, and reconstruction is required to utilize the DTM. Sec Exceptions to zoning ordinances. The city council may make such exceptions to any zoning district regulations as it determines to be in the best interests of the economic development of the city and which at the same time provides reasonable protection of residential areas. Notice of such a proposed exception shall be published once in a notice of general circulation in the city at least one week prior to any action on same by the council. If an exception is applicable to a particular neighborhood, the property owners directly affected, as determined by the city council, shall be given written notice by mail at least six (6) days prior to the proposed action by the council. (Ord. No. 788, 3, ) ARTICLE II. COMPREHENSIVE PLAN Section Sec Comprehensive plan adopted; administration. (a) This section shall be known as the "City of DeFuniak Springs Comprehensive Plan Ordinance." (b) The City of DeFuniak Springs Comprehensive Plan consists of the following adopted procedures, system and elements: (1) Monitoring and evaluation procedures; (2) Concurrency management system; and (3) The goals, objectives and policies sections of the following elements: a. Future Land Use Element; b. Traffic Circulation Element; c. Housing Element; d. Sanitary Sewer, Solid WasterWaste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element; e. Conservation Element; f. Recreation and Open Space Element; g. Intergovernmental Coordination Element; and h. Capital Improvements Element. (4) All maps identified in the City of DeFuniak Springs Comprehensive Plan as part of the adopted plan are also adopted. These maps include the following: a. Future Land Use Map; b. Flood-Prone Areas; c. Soils Map; d. Floodplains; e. Wetlands; f. Year 2000 Functional Classification of Roadways; and g. Year 2000 Number of Lanes and Major Transportation Features. (5) Responses to "Objections, Recommendations, and Comments Report." 7

8 (c) An official, true and correct copy of all elements of the DeFuniak Springs Comprehensive Plan as adopted and as amended from time to time shall be maintained by the city manager. (d) The city manager or his designee shall be responsible for the general administration of the DeFuniak Springs comprehensive plan. The city manager or his designee shall be responsible for reviewing all ordinances, and pursuant to Chapter (2), Florida Statutes, identify those which pertain to land development for submission to the DeFuniak Springs Planning Board for their review, consideration, and recommendation to the DeFuniak Springs City Council. The city manager or his designee shall be responsible for evaluating all development orders pursuant to the DeFuniak Springs Comprehensive Plan and shall assign duties to the appropriate subordinates relating to this responsibility. (Ord. No. 490, ; Ord. No. 575, 2, 3, 6, ; Ord. No. 599, ) Editor's note Ord. No. 575, 2, 3, 6, adopted October 9, 1990, has been treated as superseding the provisions of former 18-2 which adopted a previous comprehensive plan. Former 18-2 derived from Ord. No. 490, adopted August 10, The directory language of 1, 4, 5 and 7 9 of Ord. No. 575 has not been set out herein. ARTICLE III. ADMINISTRATION AND ENFORCEMENT Section Sec Site plan review criteria. (a) Expedited review and permitting. (1) Purpose and intent. The purpose and intent of this section is to provide expedited review and permitting of development projects that substantially contribute to the economy of DeFuniak Springs through the creation of jobs. The expedited review and permitting process is intended to be an incentive available to developers of all major development projects. The review process for major development projects are included in this section, as well as appropriate references to other provisions within the land development regulations affecting major developments. The review team for the expedited permitting process will be composed of the planning director, public works director, building official, the city's consulting engineer, the fire prevention/life safety authority, and any other city department(s) as designated by the city manager. (2) Expedited project review. The planning director or designee shall serve as the single point of contact (SPC) between the developer and the city. The SPC shall coordinate an expedited review process giving priority to the review of land use, zoning, site plan, and building permit applications. The city personnel reviewing a major development project shall give priority to development applications and shall report items that may result in a delay of approval to the SPC, including citations of specific code requirements in order to facilitate a timely resolution. The SPC shall contact the applicant within three (3) business days in an effort to review any item that may result in a delay to discuss the action necessary to facilitate application approval. (3) The SPC shall assist the developer of a major development project and the review team in the processing of major development project applications according to the following timelines: a. Prior to the submittal of a request for a land use or zoning change, site plan, construction drawings, or other application materials, the SPC shall coordinate a pre-application meeting. The developer and all appropriate members of the city review team shall attend. This meeting is intended to facilitate the developer becoming familiar with permitting requirements and city staff to become familiar with the project. The city staff shall provide guidance to the developer on how applications, plans, drawings, and other necessary information may be best presented to ensure a smooth and expeditious review. The developer shall not submit an application or other material for review, nor shall the review clock start running, prior to the pre-application meeting. b. The completeness review of applications for major development project proposals shall be completed within three (3) business days of receipt. The completeness review shall verify 8

9 that all plans, drawings, surveys, and technical requirements necessary for review are included with the application. A determination that an application is complete for purposes of review does not constitute a finding of sufficiency for any part of the application and/or its accompanying documents. The review team shall complete its review and provide comments to the SPC within seventeen (17) business days of the date the application was determined to be complete for purposes of review. c. Major development project applications that require action by the planning board or the city council shall be placed on the agenda of the next regularly scheduled meeting that allows adequate time for legal advertising and notification requirements following the determination of completeness, unless the applicant requests a delay. d. The building department shall complete its review of building permit applications for major development projects within fifteen (15) days of receipt, subject to any required revisions. Building construction plans may be submitted simultaneously with the application for development review, but in no situation shall a permit for construction be issued prior to any other required approvals. e. Any proposed amendment, deviation, or change to a major development project plan that has received a development order pursuant to this section shall be reviewed by the planning director to determine whether the proposed change constitutes a minor or major modification to the approved site plan. If it is determined that the proposed change is a major modification, it is the responsibility of the developer to provide supporting documentation for any proposed revision to an approved site plan. The roles of the SPC, developer, staff and the expedited process are the same that applied to the original application and shall apply to the review of the modification. (b) Minor site plan review. The intent of this section is to allow the planning director to accept a plan (drawn by the owner, when appropriate), notify the appropriate department heads for input, and approve a minor site plan as defined below with a minimum of paperwork, time, and inconvenience to the owner. Plans will be stamped and filed with the appropriate project file. This provision does not apply to any single family dwelling in any district where the use of the single family dwelling is used for single family residential purposes only. And, no change of use (i.e., residential to office, office to retail, etc.), will be considered under this provision. Requests for home-based occupations (HBO) are processed using the HBO process, but any associated improvements may be considered by the planning director and processed as a minor change. Amendments to an approved site plan (or a development that may have existed prior to any requirement for an approved site plan) of the following types may be authorized by the city manager or designee, provided such amendments meet the requirements set forth in appendix A, zoning.city s land development regulations (1) Minor adjustments or shifts in the location and siting of buildings, structures, parking bays, parking spaces, landscaped areas; (2) Changes in the location of utility tie-ins and dumpsters; (3) Reductions in the overall density or intensity of structural lot coverage of the development; (4) Changes in the location and types of landscape materials, excluding changes in location of buffers; (5) Changes in the walkway and bikeway systems; (6) The addition of nonhabitable accessory structures or utility buildings of less than two hundred eighty-eight (288) (twelve (12) feet twenty-four (24) feet) square feet; (7) The addition of paved parking spaces (including driveways, aisles and back up space) up to a maximum of five thousand (5,000) square feet, or the reduction of up to one (1) parking space for every preserved, protected tree four (4) inches in diameter or greater as measured a four (4) feet above grade; 9

10 (8) Expansion of up to ten (10) percent of gross floor area or enlargement of building envelope which does not require the addition of more than five (5) parking spaces. All other amendments to an approved site plan (or development that may have existed prior to any requirement for an approved site plan) may be authorized pursuant to theconsistent with the requirements of appendix A, zoning.city s land development regulations. An applicant for minor site plan approval shall make application for approval on forms prescribed by the planning department. Any fee set by the city council by resolution shall be paid at the time of submitting an application. (Ord. No. 783, 2(Exh. A), ; Ord. No. 814, 2, ) ARTICLE V. - Concurrency Management [5] Section Concurrency Management [1] Footnotes: --- (51) --- Editor's note Ord. No. 580, 1 7, adopted March 25, 1991, did not specifically amend the Code; therefore, inclusion as Art. V, , was at the discretion of the editor. Sec Purpose and Intent. The purpose of this article section is to describe the requirements and procedures necessary to implement the concurrency provisions of the City of DeFuniak Springs' Comprehensive Plan. Specifically, this article is intended to ensure the availability of public facilities and services and the adequacy of those facilities at adopted levels of service concurrent with impacts of development. This intent is implemented by means of a concurrency management system which shall measure the potential impact for a development upon the adopted minimum acceptable level of service for potable water, sewer, solid waste, drainage, parks and recreation, roadways and mass transit facilities and/or services as provided in the City of DeFuniak Springs' Comprehensive Plan. (Ord. No. 580, 1, ) (a) Sec General regulations. (1) (a) Certificate of concurrency required. A certificate of concurrency shall be required prior to the issuance of any development permit, with the exception of those listed in section If a development will require more than one development permit, the issuance of a certificate of concurrency shall occur prior to the issuance of the initial development permit. (2) (b) Initial determination of concurrency. At the request of the applicant or at the discretion of the city, an initial determination of concurrency may be performed for preliminary development orders and a conditional certification of concurrency issued for development permits shall be binding. (3) (c) Expiration of certificate of concurrency. A certificate of concurrency shall automatically expire simultaneously with the expiration of the development permit to which it applies. In the event that the development permit does not have a specific expiration date, the certificate of concurrency shall expire six (6) months from the date of the issuance of the development permit. In the event that a time extension is granted prior to the expiration of the development permit, the accompanying certificate of concurrency shall automatically be renewed for the duration of the extension given to the accompanying development permit. Should the extension exceed one (1) year from the date of 10

11 the issuance of the original development permit, a new concurrency review shall be performed for which a reasonable fee shall be assessed in order to defray the cost of the new review. (4) (d) Burden of proof. The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The City of DeFuniak Springs will assist in the preparation of the necessary documentation and information. (Ord. No. 580, 2, ) (b) Sec De minimis exemptions. (1) (a) Generally. If a proposed development relates to land use of such low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the City of DeFuniak Springs' Comprehensive Plan, the development shall be exempt from concurrency review. (2) (b) De minimis activities. The following development activities shall be deemed de minimis: a. (1) Certain construction. The construction of: 1. a. Room additions to residences, pursuant to item (4)(c) below; 2. b. Accessory structures, but not accessory apartments; 3. c. Swimming pools; 4. d. Fences; 5. e. Signs; and 6. f. Communications towers. (2) Removal of trees. Removal of trees, except that tree removal shall not be considered a de minimis activity for the purpose of determining compliance with the stormwater drainage level of service. (3) Replacement of structures. The replacement of structures destroyed by fire, hurricanes, tornadoes or other acts of God not exceeding the area and cubic content of the structure prior to its destruction. (4) Limited de minimis exemptions for single-family dwelling units. Single-family dwelling units shall be deemed de minimis for the following facilities and/or services: a. Roads, providing that the dwelling unit is not located within one-fourth mile of a road segment that is operating below the adopted level of service. b. Stormwater drainage, provided that the single-family dwelling unit up to quadruplex (in this case only) is not part of a larger development. c. Sewers. Sewer, provided that construction meets the requirements of the Department of Health and Rehabilitative Services (HRS) related to wastewater systems. Specifically excluded from this exemption are room additions consisting of bedrooms or bathrooms. (Ord. No. 580, 3, ) (c) Sec Concurrency review. (1) (a) Generally. The City of DeFuniak Springs shall use the procedures listed below to determine compliance of an application for a development order with its concurrency management system. At the time of application for a development order, a concurrency evaluation shall be made to determine availability of the facilities or services required to be concurrent. An application for a development order shall provide the city with all information required so as to enable the concurrency evaluation to be made. Upon receipt of a complete concurrency review application, the City of DeFuniak Springs shall perform the concurrency evaluation for each of its public facilities 11

12 and services. A concurrency review application shall not be deemed complete until all applicable permits, verification letters or other proof has been submitted pursuant to subsection (b) of this section. (2) (b) Evaluation. a. (1) Roads. 1. a. Generally. The evaluation for roads shall compare the existing level of service standard to the adopted level of service standard established by the city's comprehensive plan for the impacted roads. The level of service shall be determined for conditions of the existing roads, to include any committed or funded improvements to those roads, meeting the minimum requirements for concurrency set forth in subsection (c) of this section. 2. b. Submittals. The applicant for a development order shall submit to the city along with the application for a development order the following information: i. 1. The legal description of the development site; ii. 2. The street address of the development site, if applicable; iii. 3. A written statement indicating the nature and extent of the proposed development. iv. 4. Any other information that may reasonably be required for the concurrency evaluation. 3. c. City review. The city will then conduct a transportation concurrency review of the proposed project based on the trip-generated characteristics including the type of land development activity based on the ITE code, independent variables, trip rate, trip length and percentage of new trips. 4. d. Traffic Impact Analysis. The applicant for a development order shall perform a Traffic Impact Analysis (TIA) as described below. i. 1. Pre-application meeting. An application meeting between the city and the applicant is required. The purpose of this meeting will be to review the methodology and procedure for calculation of trip generation rates, and to determine the study area and study period. This will usually be a PM peak hour analysis of adjacent street traffic; however, other time periods may require analysis or may be considered by the city where adjacent street traffic-based studies do not exist. The applicant shall use equations or rates from Trip Generation: An ITE Informational Report, latest edition. If the co-efficient of variation is (R2>=0.75), then equations shall be used; otherwise, rates shall be used. The transportation study shall be prepared, signed and sealed by a Florida registered engineer. ii. 2. Define study area. The study area is defined as one-half (½) vehicle mile or three (3) percent of the maximum service volume of the impacted roadway(s) and is considered to be the primary impact area affected by traffic associated with the site. However, additional distance or a radius around the site may be established based on the average trip length associated with the proposed land use as approved by the city. The primary impact area will be approved by the city at the preapplication meeting. iii. 3. Existing conditions. The following existing conditions shall be provided in the TIA: a) (i) Existing PM peak hour traffic volumes and level of service on all collectors and arterials within the study area as agreed during the methodology meeting. b) (ii) Existing turning movement volumes at the impacted intersection(s) and intersection(s) level of service. Specify the LOS standard for intersections. It may be by approach, by movement, overall intersection, or v/c ratio <

13 iv. 4. Sources of data. a) (i) The above required data shall be no older than the previous calendar year. Volumes shall be adjusted to reflect annual conditions using current FDOT seasonal adjustment factors for the city or other adjustment factors approved by the city. b) (ii) Required level(s) of service for roadways shall be determined in accordance with the adopted level(s) of service of the roadway provided in the Transportation element of the City of DeFuniak Springs Comprehensive Plan. c) (iii) The publication "Trip Generation: An ITE Informational Report", latest edition, as published by the Institute of Transportation Engineers shall be used for independent variables and other information to prepare the report. v. 5. Projection of future roadway traffic. Roadway volume(s) shall be projected for each development phase including the year of the project completion. Volume(s) can be determined using one of the following procedures: a) (i) Multiplying existing volumes by the annual growth factor provided by the city. Traffic generated by any major project approved since the traffic counts shall be included as background traffic. b) (ii) Multiplying existing volumes by an annual growth factor developed by the applicant and approved by the city. Traffic generated by any major project approved since the traffic counts were conducted shall be included as background traffic. c) (iii) Using projections from an area modeling effort. d) (iv) Methodology regarding projection of intersection(s) turn movements and level of service shall be established at the pre-application meeting. vi. 6. Projection of traffic generation. The following procedures and information shall be provided: a) (i) To determine traffic generation, the latest edition of the ITE Trip Generation Report shall be used or trip rates may be obtained from studies of comparable sites in the City of DeFuniak Springs or standards adopted by the city, and are subject to approval by the city. b) (ii) Identify all land use codes, amount of development and trip rates. c) (iii) Any proposed reduction factors for internal capture of trips between land uses of a mixed use project or for passerby trips shall be provided by the applicant at the pre-application/methodology meeting and approved by the city. Pass-by trips shall be less than ten (10) percent of the adjacent street peak hour traffic. vii. 7. Projection of traffic distribution/assignment. Project traffic distribution shall be based on reasonable and acceptable industry assumptions and methodologies as applied to the individual site(s) conditions to be approved by the city in the preapplication meeting. viii. 8. Transportation system management strategies. A discussion of any proposed transportation system management strategies shall be included in the study. ix. 9. [Provisions and measures.] Provisions and measures which may be attached to the concurrency compliance certificate to mitigate or alleviate degradation of traffic level of service caused by impacts of the development may include, but are not limited to: 13

14 b. (2) Potable water. a) (i) Project phasing. A project may be divided into logical phases of development area, with approval for certain phases of the development occurring concomitant with needed facilities being placed in service. b) (ii) Out parcels. Those portions of the project characterized as outparcels that create separate and unique impacts shall be permitted when ingress and egress is provided only through the primary parcel and approved by the city. c) (iii) Access management. Access to the site shall be designed to reduce or eliminate the impact of the development upon the abutting roadway facility. This may include parcel-to-parcel access drives. d) (iv) Physical roadway improvements. The developer of a site may construct capacity improvements, acceleration/deceleration lanes, intersection improvements or frontage roads as approved by the city. e) (v) Operational improvements. The developer of a site may construct intersection improvements, including turning lanes, installation of or change in timing to signals as approved by the city. f) (vi) Bicycle/pedestrian improvements. The developer of a site may construct bikeways or sidewalks connecting to existing or planned network facilities or provide access to a school, park, shopping center, etc. g) (vii) Other measures. The developer may be required to implement other provisions for on- or off-site improvements that would reduce vehicular traffic impacts, based upon a plan originated by the developer and approved by the city and any other appropriate entities. 1. a. Submittals. The applicant for a development permit shall submit, along with the application for a development permit, proof that sufficient capacity exists as demonstrated by one of the following: i. 1. If the service provider is other than an on-site potable water well, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a development order by the city, the applicant may be required to provide evidence of a contract with the service provider, indicating the provider's commitment and ability to serve the proposed project; or ii. 2. Permits issued by the Northwest Florida Water Management District for a potable water well to serve the development. iii. 3. A notarized statement or affidavit that there is an existing functioning potable water well on the site. 2. b. Presumption of available capacity. A presumption of available capacity shall be rendered by the City of DeFuniak Springs upon receipt of one of the above. c. (3) Wastewater. 1. a. Submittals. The applicant for a development permit shall submit, along with the application for a development permit, proof that sufficient capacity exists as demonstrated by one of the following: i. 1. If the proposed service provider is other than an on-site septic system, documentation will be required from the provider that the project is within its service area and that it has the capacity to serve the project as proposed, at or above the 14

15 adopted level of service. If the ability of a provider to serve a proposed project is contingent upon planned facility expansion, details regarding such planned improvements shall also be submitted. Prior to the issuance of a final development order by the city, the applicant may be required to provide evidence of a contract with the service provider indicating the provider's commitment and ability to serve the proposed project; or ii. 2. All applicable HRS permits for an on-site septic system, pursuant to 10D- 6, F.A.C., are obtained; or iii. 3. Proof the city impact fees for the provision of a wastewater system have been paid. 2. b. Presumption of capacity. A presumption of available capacity shall be rendered by the city upon receipt of one of the above. d. (4) Drainage. 1. a. Submittals. The applicant for a development permit shall submit, along with the application for the development permit, proof that sufficient capacity exists as demonstrated by one of the following: i. 1. All applicable Department of Environmental Regulation (DER) permits for stormwater management systems, pursuant to 17-25, F.A.C., are obtained; and/or ii. 2. All applicable Department of Transportation (DOT) permits for drainage connections, pursuant to 14-86, F.A.C., are obtained; and/or iii. 3. All applicable Northwest Florida Water Management District (NWFWMD) permits, pursuant to , F.S. (the Surface Water Improvement "SWIM" Act), are obtained. 2. b. Presumption of available capacity. A presumption of available capacity shall be rendered by the city upon receipt of the applicable DER, DOT and/or NWFWMD permits. e. (5) Solid waste. 1. a. City-wide presumption of available capacity. Based upon the data and analysis contained in the city's comprehensive plan, adequate capacity exists for estimated demand for solid waste services through the planning period ( ). Therefore, a presumption of available capacity for all development shall be rendered by the city for the period beginning December 1, 1990, through the submission of the first concurrency management system annual report. At such time, the available capacity for solid waste shall be re-assessed, and a determination made as to whether the presumption of available capacity is to be continued. f. (6) Recreation and open space. 1. a. City-wide presumption of available capacity. Based upon the data and analysis contained in the city's comprehensive plan, adequate capacity exists for an estimated demand for park and open space facilities through the planning period ( ). Therefore, a presumption of available capacity for all development shall be rendered by the city for the period beginning December 1, 1990, through the submission of the first concurrency management system annual report. At such time, the available capacity for park and open space shall be re-assessed, and a determination made as to whether the presumption of available capacity is to be continued. (3) (c) Minimum requirements for concurrency (determination of availability). In order to obtain a certificate of concurrency, one of the following conditions must be satisfied for each of the public facilities and services, and such condition given in the certificate of concurrency: 15

16 a. (1) For potable water, sewer, solid waste and drainage. At a minimum, provisions in the city's comprehensive plan that ensure the following standards will be met to satisfy the concurrency requirement: 1. a. The necessary facilities and services are in place at the time a development order is issued; or 2. b. A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of development occur; or 3. c. The necessary facilities are under construction at the time a permit is issued; or 4. d. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of subsection (c)(1)(a) through (c) above. An enforceable development agreement may include, but is not limited to, a development agreement issued pursuant to Section , F.S., or an agreement or development order issued pursuant to Chapter 380, F.S. The agreement must guarantee that the necessary facilities and services are in place when the impacts of development occur. b. (2) For parks and recreation. The concurrency requirement may be satisfied by complying with the standards in subsection (c)(1)(a) through (d) above or by including in the city comprehensive plan provisions that ensure that the following standards will be met: 1. a. At the time the development permit is issued, the necessary facilities and services are subject to a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the development permit; or 2. b. The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section , F.S., or an agreement or development order issued pursuant to Chapter 380, F.S. c. (3) For roads. The concurrency requirement may be satisfied by complying with the standards of subsection (c)(1) and (2) above. In addition, in areas in which the city has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the city may satisfy the concurrency requirement for roads by basing this concurrency management system upon an adequate capital improvements program and schedule which, at a minimum, includes the following provisions: 1. a. A capital improvements element and a five-year schedule of capital improvements which, in addition to meeting all of the other statutory and rule requirements, must be financially feasible. The capital improvements element and schedule of capital improvements may recognize and include transportation projects included in the first three (3) years of the applicable adopted Florida Department of Transportation five-year work program. 2. b. A five-year schedule of capital improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period under the City of DeFuniak Springs' Comprehensive Plan's schedule of capital improvements. 3. c. A realistic, financially feasible funding system based on currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit and which public facilities are included in the five-year schedule of capital improvements. 16

17 4. d. A five-year schedule of capital improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. 5. e. A five-year schedule of capital improvements which must demonstrate that the actual construction of the road must be scheduled to commence on or before the third year of the five-year schedule of capital improvements. 6. f. A provision that a plan amendment would be required to eliminate, defer or delay construction of any road which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of improvements. (4) (d) Strategies to rectify lack of concurrency. Should a development not pass the above concurrency evaluation, several strategies may be used to rectify this, including the following: a. (1) A plan amendment which lowers the adopted level of service standards for the affected facilities. b. (2) An enforceable development agreement between the city and the developer which may include, but is not limited to, development agreements pursuant to Section , F.S. c. (3) A change in the funding source. d. (4) A reduction in the scale or impact of the proposed development. e. (5) Phasing of the proposed development. (Ord. No. 580, 4, ; Ord. No. 818, 3(Exh. A), ) (d) Sec Adopted levels of service. The adopted Level of Service (LOS) standards for public facilities and services as contained in the City of DeFuniak Springs' Comprehensive Plan are hereby adopted by reference. (Ord. No. 580, 5, ) (e) Sec Monitoring. (1) (a) Annual report. The purpose of the annual report is to provide monitoring of public facilities and services to ensure maintenance of the adopted levels of service in a format which is accessible to the public. (2) (b) Contents. The City of DeFuniak Springs shall prepare an annual report as part of the Concurrency Management System that includes: a. (1) A summary of actual development activity, including a summary of certificates of occupancy, indicating quantity of development represented by type and square footage. b. (2) A summary of building permit activity, indicating: 1. a. Those that expired without commencing construction; 2. b. Those that are active at the time of the report; 3. c. The quantity of development represented by the outstanding building permits; 4. d. Those that result from the development permits issued prior to the adoption of this code; and 5. e. Those that result from development permits issued pursuant to the requirements of this code. (3) (3) A summary of development permits issued, indicating: 17

18 a. a. Those that expired without subsequent development permits; b. b. Those that are valid at the time of the report; and c. c. The phases and quantity of development represented by the outstanding development permits. (4) (4) A summary of development permits issued, indicating: a. a. Those that expired without subsequent building permits; b. b. Those that were completed during the period; c. c. Those that are valid at the time of the report but do not have associated building permits or construction activity; and d. d. The phases and quantity of development represented by the outstanding development permits. (5) (5) An evaluation of each facility and service indicating: a. a. The capacity available for each at the beginning of the reporting period and the end of the reporting period; b. b. The portion of the available capacity held for valid preliminary and development permits; c. c. A comparison of the actual capacity to calculated capacity resulting from approved development orders and development permits; d. d. A comparison of actual capacity and levels of service to adopted levels of service from the city's comprehensive plan; e. e. A forecast of the capacity for each based on the most recently updated schedule of capital improvements in the capital improvements element of the comprehensive plan. (6) (c) Prima facie evidence. The Concurrency Management System annual report shall constitute prima facie evidence of the capacity and levels of service of public facilities for the purpose of issuing development permits during the twelve (12) months following completion of the annual report. The first annual report shall be presented to the city at a public hearing no later than June 1 of every year. Successive reports will be presented annually after this date. (7) (d) Assurances. The city shall make available suitable land for the building and expansion of service facilities, and shall require that future land uses be assured of adequate infrastructure and services. The city shall conduct an ongoing review and analysis of the infrastructure and services to meet the needs of future land uses adopted in the city's comprehensive plan. Development shall be required to provide such lands by dedication where appropriate. (Ord. No. 580, 6, ) (f) Sec Appeals. Appeals related to determinations of concurrency shall be made pursuant to the provisions below. (1) (1) Appeals from decisions of the city. A developer or any adversely affected person may appeal an order, decision, determination or interpretation of the comprehensive plan by the city subject to an appeal, specifying the grounds for the appeal. Appeals are made to the planning board by filing a notice of appeal with the city within thirty (30) days of the decision. Other appeals, including to an order, decision, determination or interpretation of the city's land development code by the City of DeFuniak Springs are made to the city in the same manner. (2) (2) Appeals from decisions of the planning board or city. A developer, an adversely affected party, or any person who appeared orally or in writing before the planning board or city and 18

19 asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision of the planning board or city to the city council. (3) (3) Record. The record to be considered on appeal shall be all written materials considered during the initial decision, any additional written material submitted by the appellant to the city, and any testimony considered on the hearing of the appeal. (4) (4) Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the city certifies to the planning board or city that by reason of certain facts, a stay would impose an imminent peril to life or property; in such case the appeal will not stay any further proceedings except by a restraining order. (5) (5) Procedure. a. a. The appellate board (City of DeFuniak Springs planning board or city council, whichever the case may be) shall hold a hearing on the appeal within a reasonable time after a notice of appeal is filed. The appellant shall be notified by the city of the time, date and place of the public hearing by certified mail, return receipt requested. The appellate board shall reverse the order, decision, determination or interpretation only if there is substantial competent evidence in the record that an error was made in the decision being appealed from that fails to comply with the requirements of this code. In so modifying such decision, the appellate board shall be deemed to have all powers of the officer or board from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant. b. b. The decision of the appellate board shall be mailed to all parties by the city. (6) (6) Appeals to circuit court. Any person, firm, organization or agency claiming to be injured or aggrieved by any final action of the city, City of DeFuniak Springs, planning board or city council arising from the decision-making or administration of this code may present to the circuit court of the City of DeFuniak Springs a petition for a writ or certiorari to review such final action as provided by the Florida Appellate Rules. Such action shall not be taken until the litigant has exhausted all the remedies available in this code. Such petition shall be presented to the court within thirty (30) days after the date the litigant has exhausted all such code remedies. (Ord. No. 580, 7, ) Section Sec Zoning Andand Life Safety Compliance Inspection Andand Certification. (a) Zoning and life safety compliance inspection. An inspection conducted by city personnel of an existing building or structure (premises) prior to its occupancy by any non-residential use. (b) Zoning and life safety compliance certificate. A required certificate allowing the use of a building or structure for a non-residential use issued after an inspection and a determination made that all requirements of applicable ordinances have been met. (c) [Inspection prior to occupancy.] Prior to occupying any existing building or structure that has been vacant (not physically occupied) for one hundred eighty (180) days or more by any person, business, non-profit organization, club, or any other entity for a non-residential use, the city shall conduct a zoning and life safety compliance inspection. The purpose of the inspection is to determine that the premises is safe for occupancy, for use by the public and meets applicable codes. (Ord. No. 824, 3(Exh. A), ) Section CHAPTER Amendments Andand Special Approvals 19