RESOLUTION NO CITY OF BONITA SPRINGS, FOR PROCESSING ZONING AND PROVIDING FOR AN

Transcription

1 FLORIDA; CREATING AN ADMINISTRATIVE CODE TO A RESOLUTION OF THE CITY OF BONITA SPRINGS, RESOLUTION NO U:City CIerkDocumentsADMINI5TRATIVE CODESRES ZONING VERIFICATION LETTER PROCESS.doc Page 1 of 6 Date Filed With City Clerk: Slachta Aye Martin Aye Lonkart Aye Mcintosh Aye Simons Aye APPROVED AS TO FORM: Nelson Aye Spear Aye Vote: City Attorney Mayor City Clerk AUTHENTICATION: Florida this 5th day of October, DULY PASSED AND ENACTED by the City Council of the City of Bonita Springs, 2. The Resolution shall take effect immediately upon adoption. incorporated by reference herein by Exhibit A, is applicable for the zoning verification letters policy. 1. City Council declares that the procedures set forth herein, attached hereto, and Springs, Lee County, Florida, that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bonita forth the policy and procedures for zoning verification letters. WHEREAS, City Council finds it desirable to adopt an Administrative Code setting City business: and the City of Bonita Springs, has the authority to adopt administrative codes for the operation of WHEREAS, the Bonita Springs City Council, as the duly elected governing body for VERIFICATION LETTERS; ESTABLISH A POLICY EFFECTIVE DATE. AND PROVIDING FOR AN FOR PROCESSING ZONING CITY OF BONITA SPRINGS FLORIDA

2 CODE NUMBER: AC ADMINISTRATIVE CODE ZONING VERIFICATION LETTERS U:City CIerk\OocumentsADMINISTRATIVE CODESRES ZONING VERIFICATION LETTER PROCESS.doc Page 2 of 6 information: applicable). The Full Zoning Verification Letter will provide the following b. Full Review- Application Fee $ (plus additional research costs if documents are included If the zoning is governed by a Zoning Ordinance, copies of those The Standard Zoning Verification Letter will provide the following information: Development Code) A list of permitted uses within the zoning district (Chapter 4, Land a. Standard - Application Fee $75.00 verification letters. A request can be one of two types: 5. Bonita Springs Community Development will be responsible for processing the zoning 4. The application must be fully completed, with an application fee included. 3. A request for a zoning verification letter must use the application attached as exhibit A. with the land. 2. A zoning verification letter in and by itself does not confer any new right that is running particular use is permitted, and if not permitted by right (meaning no approvals are required) what processes are necessary to have a particular use on a specific parcel. 1. A zoning verification letter is to allow an owner or purchaser a process to find out if a Guidelines: POLICY/PROCEDURE: Verification Letters. set forth guidelines and process for Zoning PURPOSE ISCOPE: The purpose of this Administrative Code is to ORIGINATING DEPARTMENT: Community Development ADOPTED: October 5, 2011 TITLE: ZONING VERIFICATION LETTERS EXHIBIT A

3 documents are included If the zoning is governed by a Zoning Ordinance, copies of those U:City CIerkDocumentsADMINISTRATIVE CODES\RES ZONING VERIFICATION LETTER PROCESS.doc Page 3 of 6 as to any estimated research costs or additional time needed to process the Letter. may request a partial refund (fee, less any time expanded by staff). This assumes all development, special exceptions, etc.) on different parts of the parcel applicant will want to modify the request to eliminate additional costs. Any additional related to comprehensive plan or zoning), the time may be further extended upon consent must be retrieved from Lee County Community Development, the applicant will be notified must be retrieved from Lee County Community Development, the applicant will be notified the applicant to discuss a good faith estimate of the research costs, or whether the records are easily accessible. If the last zoning change was prior to 1999, and records of the applicant or if it cannot be processed due to lack of information, the applicant s clarification is necessary (i.e., use not in the Zoning Ordinance or multiple questions 8. A standard review will take ten (10) business days or less for processing. This assumes 9. A full review may take up to fifteen (15) business days for processing. If additional as to any estimated research costs or additional time needed to process the Letter. all records are easily accessible, If the last zoning change was prior to 1999, and records charges will be discussed and paid for before the Letter is prepared. If the research is estimated by staff to take over the 1.5 hours allocated, staff will contact there are multiple zoning districts (e.g., conventional, planned (e.g., 1982 received RM-2 and 1997 received a RPD on different land, than one parcel when the property was rezoned at different time periods even though they are in the same development) where the applicant is requesting a zoning verification letter for more An example of a zoning verification letter that would trigger this requirement is zoning actions over a period of years, the applicant will be required to obtain a full review. their zoning approvals at the same time. For extensive research due to the multiplicity of 7. Both standard and full review prices assume that the research is for parcels that received a zoning verification letter. an application, it is encouraged to make a pre-application appointment rather than request on the property. If the issue is to explore uses that may be compatible prior to submitting 6. Community Development offers a free pre-application meeting to discuss potential uses 1.5 hours allocated). under existing or potential other future land use classifications will be charged for the additional research (anything taking staff more than the classifications and existing zoning district. Requests that ask for multiple potential uses A history of prior zoning approvals by the City and comprehensive plan If an existing or potential use is permitted under the existing Bonita Plan Development Code) A list of permitted uses within the zoning district (Chapter 4, Land

4 records. Bonita Springs and what was visible and accessible at the time of inspection of the 11. The zoning verification letter is based upon the available records furnished by the City of in less than fifteen minutes of staff time. U:CIty CIerkDocument&ADMINISTRATIVE CODESRES-1 I.O73.ZONJG VERIFICATION LETTER PROCESSdoc Page 4 of 6 zoning verification letter. The public does not have a right to ask staff to explain their time for any response above and beyond a public records request. for citizen input, however, due to limited resources, staff may charge a citizen research response or how they intend to respond. Applicants will not be charged any research time request copies of the application, staff research that is written, drafts and completed 16.Zoning verification letters are public information, and inasmuch, citizens have the right to Enforcement at (239) complaint or determine if there are any prior or existing violations, contact Code 15. Code Enforcement violations are not included in a zoning verification letter. To report a conforming uses. in compliance with the Land Development Code, parking or to certify any legal non It is not intended to act as a certification by the City of Bonita Springs that the property is 14.The purpose of the zoning verification letter is to advise what is permitted on the property. unreported conditions. 13.Community Development assumes no responsibility for the cost of correcting any damages in connection with its use. user of this letter understands that the City of Bonita Springs disclaims any liability for any every attempt is made to ensure the accuracy or completeness, and each subscriber to or 12.The zoning verification letter is based on the Land Development Code that is in effect on the date the letter was prepared. Code regulations could be subject to change. While clarifications may be charged an additional fee if the response cannot be accommodated. 1O.A zoning verification letter will be processed once. Any request for revisions or

5 EXHIBIT A Zoning Verification Letter Application (will be on logo form, available on line and at Community Development) OVERVIEW A Zoning Verification Request initiates a process to verify the current zoning and allowable uses within a district for a parcel of land located in the City of Bonita Springs. There are two types of Zoning Verification Letters available: Standard and Full Review. 1. Standard- Application Fee $75.00 The Standard Zoning Verification Letter will provide the following information: A list of permitted uses within the zoning district (Chapter 4, Land Development Code) If the zoning is governed by a Zoning Ordinance, copies of those documents are included 2. Full Review- Application Fee $ (plus additional research costs if applicable). The Full Zoning Verification Letter will provide the following information: A list of permitted uses within the zoning district (Chapter 4, Land Development Code) If the zoning is governed by a Zoning Ordinance, copies of those documents are included A history of prior zoning approvals by the City and comprehensive plan classifications If an existing or potential use is permitted under the existing Bonita Plan and existing zoning district. Requests that ask for multiple potential uses under existing or potential other future land use classifications will be charged for the additional research (anything taking staff more than the 1.5 hours allocated). **Requests for copies of full-size plans require additional copying fees** **See the Administrative Code for potential other fees based on complexities of request** Please do not submit sample letters with desired format or content, as they will not be provided. OBTAINING A ZONING VERIFICATION LETTER Please submit the following: Completed Application (see page 2) An application Fee j Parcel Identification Number AND/OR per a use inquiry (non-refundable) Deliver or mail to: City of Bonita Springs Community Development 9220 Bonita Beach Road, Suite 111 Bonita Springs, FL DID YOU REMEMBER TO? Page 5 of 6 U:City CIerkDocumentsADMINISTRATIVE CODESRES ZONING VERIFICATION LETTER PROCESS.doc

6 Ii (1) Additional copy of application and all attachments i Include the appropriate application fee Li Provide an express service mail account number if you wish to have the letter sent by overnight mail U:\City CIerkDocumentsADMINISTRATIVE CODESRES ZONING VERIFICATION LETTER PROcESS.doc Page 6 of 6 Development Code that is in effect on the date the letter was prepared. Code regulations could be subject to connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. Any changes or addendums to the letter will constitute a new request and will require a new fee to be paid. or user of this letter understands that the City of Bonita Springs disclaims any liability for any damages in change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to Springs and what was visible and accessible at the time of inspection. This report is based on the Land Please be advised that the zoning letter is based upon the available records furnished by the City of Bonita Applicant Signature Date Address Address City State Zip City State Zip Street Address Street Address Company Company Applicant Name, Title Letter Recipient Name, Title APPLICATION I RECIPIENT INFORMATION STRAP (Parcel ID) Number Property AddresslLocation STRAP (Parcel ID) Number Property Address!Location PROJECT LOCATION Please allow 10 business days for completion of a standard review and 15 business days fora full review. SIGNIFICANTLY DELA YED. IF THERE ARE ERRORS OR IF THE PAYMENT SUBMITTED IS INSUFFICIENT, YOUR LETTER WILL BE PLEASE CAREFULLY READ THESE INSTRUCTIONS BEFORE SIGNING AND SUBMITTING THIS FORM. LI Submit valid STRAP Number(s); printed clearly Li Verify that the property is located within the City limits