2022-O-28 - LDC Article IX Amendment ORDINANCE NO. 2022-0-28
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IX (APPLICATION
PROCEDURES) OF CHAPTER 21 (LAND DEVELOPMENT
CODE); PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE,ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code)of the City of Edgewater Code of Ordinances.
2. On September 8, 2008, City Council adopted Ordinance # 2008-0-02 which
amended Chapter 21 (Land Development Code), Article IX (Application Procedures).
3. Adoption of this Ordinance will modify the above-referenced Article of Chapter 21
(Land Development Code).
NOW,THEREFORE,BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE IX (APPLICATION
PROCEDURES) OF CHAPTER 21 (LAND DEVELOPMENT
CODE); PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE,ADOPTION AND CODIFICATION.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending Article IX (Application Procedures) as set forth in Exhibit"A",which is attached hereto
and incorporated herein.
PART B. CONFLICTING PROVISIONS.
Sk4leethreagh-passages are deleted. 1
Underlined passages are added.
2022-0-28
All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such
holding shall not affect its applicability to any other person,property,or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or re-lettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilman Powers, with Second by Councilwoman Dolbow
the vote on the first reading o f this ordinance held on November 14, 2022,was as follows:
SLAW threag#passages are deleted. 2
Underlined passages are added.
2022-0-28
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Debbie Dolbow X
Councilman Jonah Powers X
.Fe*gl}passages are deleted. 3
Underlined passages are added.
2022-0-28
After Motion to approve by C"-Q) Ma q )p , with
Second by, t Qki-r-N the vote on second
reading/public hearing of this ordinance held onOD 11L1>p!t j , 2022 was as follows:
AYE NAY
Mayor Diezel DePew X
Councilwoman Charlotte Gillis V
Councilwoman Gigi Bennington X
Councilwoman Debbie Dolbow k
Councilman Jonah Powers V
t�
PASSEL} AND DULY ADOPTED thi day ofEaLrt2022.
01e
AT.Tl T:.... 9 COUNCIL OF THE
CITY OF EDGEWATER,FLORI DA
1. tLi By:
Bonnie�ZlotnYk; MC Diezel DePew
City Clerk Mayor
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran,Sims,Wolfe&Yoon
Approved by the City Council of the City of Edgewater
at a meeting held on this�'I`day of l).Ufo M L��A
2022 under Agenda Item No 8()—
Strike
) -£tie thFeugh passages are deleted.
Underlined passages are added.
2022-0-28
Exhibit"A"
ARTICLE IX
APPLICATION PROCEDURES
passages are deleted.
Underlined passages are added.
2022-0-28
ARTICLE IX
APPLICATION PROCEDURES
SECTION 21-90-GENERAL PROCEDURES ...................................................................IX-1
21-90.01 -General Requirements..........................................................................................IX-1
21-90.02 -Application Notice Requirements........................................................................IX-2
21-90.03 -Application Fee Schedule.....................................................................................IX-2
SECTION 21-91 -ZONING MAP AMENDMENTS(REZONING)..................................IX-2
21-91.01 -General Provisions...............................................................................................IX-2
21-91.02-Comprehensive Plan Consistency........................................................................IX-2
21-91.03 - Procedures............................................................................................................IX-3
21-91.04- Decision Criteria ..................................................................................................IX-3
21-91.05 - Rehearings............................................................................................................IX-3
21-91.06- Appeals.................................................................................................................IX-3
SECTION 21-92-CONDITIONAL USE PERMIT(CUP).................................................IX-4
21-92.01 - Intent.....................................................................................................................IX-4
21-92.02 - Comprehensive Plan Consistency........................................................................IX-4
21-92.03 - Procedures............................................................................................................IX-4
21-92.04 - Decision Criteria ..................................................................................................IX-4
21-92.05 -Authority..............................................................................................................IX-5
21-92.06-Approval Expiration.............................................................................................IX-5
21-92.07 - Reconsideration....................................................................................................IX-5
21-92.08-Appeals.................................................................................................................IX-5
SECTION 21-93-SITE PLAN REVIEW.............................................................................IX-5
21-93.01 - Intent.....................................................................................................................IX-5
21-93.02- Comprehensive Plan Consistency........................................................................IX-5
21-93.03 - Procedures............................................................................................................IX-6
21-93.04 -Approval Expiration.............................................................................................IX-6
21-93.05 - Reconsideration....................................................................................................IX-6
21-93.06 -Appeals.................................................................................................................IX-7
SECTION 21-94-LAND DEVELOPMENT CODE AMENDMENTS.............................IX-7
21-94.01 - General Provisions...............................................................................................IX-7
21-94.02- Comprehensive Plan Consistency........................................................................IX-7
21-94.03 - Procedures............................................................................................................IX-7
21-94.04 -Approval Expiration.............................................................................................IX-8
21-94.05 - Reconsideration....................................................................................................IX-8
21-94.06- Appeals.................................................................................................................IX-8
Article IX
-i-
Rev.OCT 2022(Land Development Code) pinent Ee4e) I
SECTION 21-95-SMALL SCALE PLAN AMENDMENTS.............................................IX-8
21-95.01 - General Provisions ...............................................................................................IX-8
21-95.02- Criteria For Determination...................................................................................IX-8
21-95.03 - Procedures............................................................................................................IX-9
21-95.04-Approval Criteria................................................................................................IX-10
21-95.05 - Approval Expiration...........................................................................................IX-10
21-95.06- Reconsideration..................................................................................................IX-10
21-95.07-Appeals...............................................................................................................IX-10
SECTION 21-96-OTHER PLAN AMENDMENTS.........................................................IX-1 1
21-96.01 -General Provisions.............................................................................................IX-11
21-96.02 -Criteria For Determination.................................................................................IX-11
21-96.03 - Procedures..........................................................................................................IX-11
21-96.04-Approval Criteria................................................................................................IX-12
21-96.05 -Approval Expiration...........................................................................................IX-12
21-96.06-Reconsideration..................................................................................................IX-12
21-96.07-Appeals...............................................................................................................IX-12
SECTION 21-97-VOLUNTARY"ANNEXATION............................................................IX-13
21-97.01 -Intent...................................................................................................................IX-13
21-97.02 -Criteria For Determination.................................................................................IX-13
21-97.03 -Procedures..........................................................................................................IX-13
21-97.04-Plan Amendment and Zoning of Annexed Property..........................................IX-13
SECTION 21-98-INVOLUNTARY ANNEXATION.......................................................IX-14
21-98.01 -Intent...................................................................................................................IX-14
SECTION 21-99-ABANDONMENTS AND VACATIONS.............................................IX-14
21-99.01 - Intent...................................................................................................................IX-14
21-99.02-Application Requirements..................................................................................IX-14
21-99.03 -Procedures..........................................................................................................IX-15
21-99.04 -Approval Criteria............................................................................................•...IX-15
21-99.05 -Decision Effects.................................................................................................IX-16
21-99.06 -Appeals...............................................................................................................IX-16
SECTION 21-100-VARIANCES........................................................................................IX-16
21-100.01 -General Requirements......................................................................................IX-16
21-100.02 - Procedures........................................................................................................IX-17
21-100.03 -Administrative Variance ..................................................................................IX-17
21-100.04 -Non-Administrative Variance..........................................................................IX-18
21-100.05 - Expiration.........................................................................................................IX-19
21-100.06 -Appeals.............................................................................................................IX-19
Article IX
-ii-
Rev. OCT 2022 Land Development CodeW98,10 8 (Land PevelepmeatGede
SECTION 21-101 -DEVELOPMENT AGREEMENTS...................................................IX-19
21-101.01 - Intent.................................................................................................................IX-19
21-101.02 -Procedures........................................................................................................IX-19
21-101.03 -Development Agreement Requirements..........................................................IX-20
21-101.04 -Development Agreement Execution ................................................................IX-22
21-101.05 -Amendment and Cancellation..........................................................................IX-22
21-101.06 - Expiration.........................................................................................................IX-22
21-101.07 -Monitoring........................................................................................................IX-22
SECTION 21-102-EXCAVATION PERMITS.................................................................IX-24
21-102.01 General Provisions...........................................................................................IX-24
21-102.02 -Application Requirements................................................................................IX-24
21-102.03 -Procedures........................................................................................................IX-25
21-102.04 - Decision Criteria. .............................................................................................IX-25
21-102.05 -Suspension of Excavation Permit.....................................................................IX-26
Sections 21-103 through 21-119 reserved for future use.
Article 11
-iii-
Rev.OCT 2022 Land Development Code
ARTICLE IX
APPLICATION PROCEDURES
SECTION 21-90-GENERAL PROCEDURES
21-90.01 - General Requirements
a. All properties subject to a single application must be contiguous and immediately
adjacent to one another or be the subject of separate petitions and filing fees.
b. No application shall be accepted unless it is presented on the official forms provided by
the City of Edgewater and the appropriate fee is paid.
C. The Development Services Department shall prepare and periodically revise,the required
forms and instruction packages for each development permit application described in this
Article.
d. Before an application is scheduled Far further consideration, the Development Services
Department shall have five (5) days to determine that the application package is
complete.
e. All applicants for any action described herein are encouraged to schedule a pre-
application conference with the Technical Review Committee(TRC).
f. No application shall be determined to be complete unless the property owner of record as
listed by the Volusia County Property Appraiser's Office signs the application or
authorizes (in writing) an agent to act in the applicant's behalf and all required support
documents are provided.
g. Property surveys, site plans and landscape plans shall be provided at a common scale of
F'=30 feet.
h. The deadline for filing any complete application described herein shall be a minimum of
forty-five (45) days prior to the regularly scheduled meeting of the first review body.
The City shall not be at fault for the applicant's failure to meet any deadline described
herein. Any waiver of this deadline by more than two working days shall require City
Council approval. Due to unforeseen conditions, extremely large agendas, review
process, etc., this deadline does not guarantee an applicant's placement on the next
regularly scheduled meeting. However, the application will be placed on the next
available meeting.
Rev.OCT 2022 Land Development Code .' IX-1
21-90.02 -Application Notice Requirements
It is the intent of this Section to provide legal and timely public notice of the application review
process. It is also the intent to provide adequate procedural due process to the applicant and the
public. Application notice requirements are based on the minimum requirements found in
Chapters 163, 166, 171 and 177, Florida Statutes.
a. Public notice of all applications for development approval shall be consistent with current
State Statutes.
b. When mailing of notices is required, the notice shall be sent to the applicant and the
property owners of record as listed by the Volusia County Property Appraiser's Office.
C. When newspaper advertisements are required, they shall appear in the newspaper of
general circulation. The advertisement shall identify the Tax Parcel Identification
Number, street address or location and a general description of the proposed project. A
site location map may be required as appropriate.
d. When on-site posting is required, the notice shall be posted in at least one (1)
conspicuous place on the site.
e. Proof of publication and mailing notices shall be available for public inspection.
21-90.03 - Application Fee Schedule
The City Council shall adopt by Resolution, development review, advertising and associated fees
for administrative charges. If an applicant withdraws an application or requests tabling after the
advertisement has been submitted and then reinstates consideration of the application, the
applicant shall be billed for any additional advertising costs.
SECTION 21-91 -ZONING MAP AMENDMENTS (REZONING)
21-91.01 -General Provisions
An amendment to the Official Zoning Map requires adoption of an Ordinance by the City
Council following the review and recommendation of the Planning and Zoning Board (P&ZB).
21-91.02 -Comprehensive Plan Consistency
No application for a change in zoning can be approved unless the proposed zoning is consistent
with the Land Use Designation/Zoning Classification Matrix in Table III-3.
I Rev. 0BS1090CT 2022(Land Dcvclopment Code) IX-2
21-91.03 - Procedures
a. The public notice for a parcel rezoning shall be as provided in current Florida Statutes.
b. Upon receipt of a complete application and relevant supporting material, the
Development Services Department will schedule a review by the TRC.
C. f=ollowing review by the TRC, a staff report including findings of fact and a staff
recommendation shall be provided to the P&ZB.
d. Following review by the P&ZB, a staff report presenting the P&ZB's recommendations, a
proposed ordinance and a staff recommendation shall be provided to the City Council for
consideration.
e. The decision of the City Council with respect to the rezoning shall be based on findings
of fact and the competent public testimony received at the hearing. Unless otherwise
provided, the rezoning ordinance approved by the City Council shall be effective
immediately upon adoption of the ordinance.
21-91.04 - Decision Criteria
In order to approve a rezoning application, the City Council must make a finding of fact that the
rezoning:
a. Is consistent with all the relevant Goals, Objectives and Policies of the Comprehensive
Plan;
b. Meets the Concurrency Management System requirements described in Article X1; and
C. Is compatible with existing,and proposed uses in the adjacent area.
21-91.05 - Rehearings
A rezoning application denied by the City Council shall not be eligible for re-submission for a
period of one (1) year after the date of denial.
21-91.06 - Appeals
An appeal of the decision of the City Council concerning a rezoning decision is to the Circuit
Court.
Rev.OCT 2022(Land Development Code)Rev.9,108.'08(LandDeVeWpMeRtGade) IX-3
SECTION 21-92 - CONDITIONAL USE PERMIT(CUP)
21-92.01 -Intent
It is the intent of this Section to recognize that certain types of uses are unique and require
special consideration. Unless specifically stated otherwise in the conditions of approval,the CUP
applies to subsequent property owners operating the same business or engaging in the same use.
21-92.02-Comprehensive Plan Consistency
No application for a CUP can be approved unless the property is located within a zoning district
that is consistent with the Land Use Designation/Zoning Classification Matrix in Table III-3.
21-92.03-Procedures
a. The public notice for a CUP shall be as provided in current Florida Statutes.
b. Upon receipt of a complete application and relevant supporting material,the Development
Services Department will schedule a review by the TRC.
C. Following review by the TRC, a staff report including findings of fact and a staff
recommendation shall be provided to the P&ZB.
d. The P&ZB shall provide findings of fact regarding their decision to approve, deny or
modify the applicant's request.
e. The P&ZB decision shall be final unless appealed to the City Council within fifteen (15)
days.
21-92.04 -Decision Criteria
In order to approve a CUP, the P&ZB must make a finding of fact that the CUP:
a. Is consistent with applicable land development regulations for the zoning district in
which the property is located;
b. Is compatible with existing and proposed uses in the adjacent area; and
C. Meets the Concurrency Management System requirements described in Article XI.
Rev.9=e&!-nOCT 2022(Land Development Code) IX-4
21-92.0 - Authority
a. A CUP may set reasonable time limits, renewal conditions and/or operational restrictions.
b. A CUP may require completion of the site plan review process described in Section 21-
93 of this Article.
C. If the applicant agrees to install additional landscaping, reduce/or relocate signage or
make other performance standards enhancing the appearance and/or public safety on the
subject parcel specific land development requirements may be waived.
21-92.06 -Approval Expiration
Unless specifically stated otherwise, a CUP shall expire one hundred twenty (120) days after
issued, if a building permit or certificate of occupancy has not been issued by that date.
21-92.07 - Reconsideration
A denied CUP shall not be eligible for resubmission for a period of one (I) year after the (late of
final denial by the P&ZB or by the City Council, if appealed.
21-92.08 -Appeals
An appeal of a decision of the City Council concerning a Conditional Use Pert-nit is to the Circuit
Court.
SECTION 21-93 - SITE PLAN REVIEW
21-93.01 -Intent
It is the intent of this Section to establish the process and criteria for review of site plans. A site
plan for a building of less than 25,000 square feet of enclosed useable area is an administrative
decision and shall be granted/denied by the TRC.
21-93.02 -Comprehensive Plan Consistency
No site plan application can be approved unless the property is located within a zoning district
that is consistent with the Land Use Designation/Zoning Classification Matrix in Table III-3.
Rev. OCT 2022 Land Development Code IX-5
21-93.03 -Procedures
a. The applicant shall prepare a conceptual site plan which, at a minimum, identifies the
points of access, the amount of impervious surface, the footprint(s) of proposed
structures, a general description of the proposed landscaping, provides for the proposed
use of the parcel, the number of employees and other such matters as are identified in the
application material.
b. The Development Services Department shall coordinate preparation of a staff review
regarding the proposed conceptual plan addressing the factors described in subsection (a)
above and the application material.
C. Upon receipt of a complete application and relevant supporting material, the
Development Services Department will schedule a review by the TRC. Prior to the TRC
review, the applicant shall be provided written findings of fact concerning the site plan
application. The TRC shall evaluate the technical aspects of the proposed site plan and
shall make written finding of fact and may establish conditions for approval. The
proposed site plan shall be reviewed for compliance with the Land Development Code
requirements. The TRC shall formally vote on passage of a site plan.
d. Following review by the TRC, the applicant for a site plan with a building less than
25,000 square feet of enclosed useable area shall be provided with written findings of fact
and shall receive official notification of the site plan action.
e. Site plans involving buildings of 25,000 square feet or greater of enclosed usable area are
also subject to review by the P&ZB and review and consideration by the City Council.
F. As-built drawings shall be required on all projects requiring site plan approval.
21-93.04- Approval Expiration
Unless specifically stated otherwise, a site plan permit shall expire in one (1) year if a complete
building permit application has not been filed by that date. A one (1) year site plan approval
extension may be granted by the City Manager or his designee if there is sufficient evidence of a
hardship and the failure to complete the building permit application within the established time
frame.
21-93.05-Reconsideration
A denied site plan shall not be eligible for resubmission for a period of six (6) months after the
date of final denial by the City Council.
I Rev. X08=880CT?022(Land Development Code) IX-6
21-93.06 -Appeals
For buildings of less than 25,000 square feet of enclosed usable area, an applicant may appeal a
site plan decision of the TRC to the City Council within fifteen (15) days. The City Council
shall consider the appeal at their next available meeting and shall make findings of fact in its
decision.
SECTION 21-94 -LAND DEVELOPMENT CODE AMENDMENTS
21-94.01 -General Provisions
Any amendment to the text of Chapter 21 of the City Code (Land Development Code) requires
adoption of an ordinance by the City Council after review and recommendation of the P&ZB.
Changes to the text may be proposed by City staff,any advisory board and/or the City Council at
any time.
21-94.02- Comprehensive Plan Consistency
All modifications or text amendments to Chapter 21 shall be consistent with the provisions of the
Comprehensive Plan.
21-94.03 - Procedures
a. The public notice for a Land Development Code text amendment shall be as provided in
current Florida Statutes.
b. Such proposed changes are a legislative action.
C. Upon receipt of a request to change the text of this Chapter, the Development Services
Department will schedule a review of the proposed change by the TRC.
d. Following review of the proposed text change by the TRC, a staff report including
findings of fact and a staff recommendation shall be provided to the P&ZB.
e. Following review of the proposed change by the P&ZB, the proposed change will be
scheduled for a public hearing before the City Council. A staff report presenting the
P&ZB's recommendations, a proposed ordinance, a staff recommendation and the P&ZB
minutes-shall be provided to the City Council for consideration at the public hearing.
f. The City Council decision shall be based on findings of fact and competent public
testimony received at the hearing. The City Council decision shall be effective
immediately upon adoption of the ordinance.
Rev. OCT 2022 Land Development Code ' IX-7
21-94.04 -Approval Expiration
Any text amendments to this Chapter 21 shall be permanent unless subsequently amended as
provided for in this Section.
21-94.05 -Reconsideration
Text amendments denied by the City Council may be reconsidered at any future date.
21-94.06 - Appeals
Any appeal of the decision of the City Council concerning any text amendment is to the Circuit
Court.
SECTION 21-9-5 - SMALL SCALE PLAN AMENDMENTS
21-9 .01 - General Provisions
Chapters 163.3184, 163.3187 and 163.3189, Florida Statutes provide for a process to amend the
City Comprehensive Plan. The Plan shall be amended by ordinance in the manner provided in
Chapter 166.041 and Chapter 163, Part II, F.S. The Legislature created Chapter 163.3187 (c),
F.S. to provide for an abbreviated review of small scale plan amendments. A small-scale plan
amendment decision is a legislative decision and will be administered accordingly.
21-95.02-Criteria for Determination
All small-scale plan amendments may only be adopted under those conditions set forth in
j 163.3187(c), Florida Statutes:
a. The proposed amendment involves a use of less than ten(10) acres;
b. The cumulative acreage of small scale amendments has not exceeded eighty(80) acres in
the current calendar year;
C. The amendment does not involve the same property granted a land use amendment within
one (1)year;
d. The amendment does not involve the same owner's property within two hundred feet
(200')of property granted a plan amendment within the prior one (1)year; and
e. The proposed amendment does not involve a text change to the goals, objectives and
policies of the Comprehensive Plan, but only proposes a land use change to the Future
Land Use Map for a site-specific small-scale development activity.
Rev. 9`98r08CCT 2022(Land_Development Code) IX-8
f. The property that is the subject of the proposed amendment is not located within an area
of critical state concern, unless the project subject to the proposed amendment involves
the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is
located within an area of critical state concern designated by s. 380.0552 or by the
Administration Commission pursuant to s. 380.05(1). Such amendment is not subject to
the density limitations of sub-subparagraph f. and shall be reviewed by the state land
planning agency for consistency with the principles for guiding development applicable
to the area of critical state concern where the amendment is located and shall not become
effective until a final order is issued under s. 380.05(6).
g. If the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre or the proposed future land use category allows a
maximum residential density of the same or less than the maximum residential density
allowable under the existing future land use category, except that this limitation does not
apply to small scale amendments involving the construction of affordable housing units
meeting the criteria of s. 420.0004(3) on property which will be the subject of a land use
restriction agreement or extended use agreement recorded in conjunction with the
issuance of tax exempt bond financing or an allocation of federal tax credits issued
through the Florida Housing Finance Corporation or a local housing finance authority
authorized by the Division of Bond Finance of the State Board of Administration, or
small scale amendments described in sub-sub-subparagraph a.(I) that are designated in
the local comprehensive plan for urban infill, urban redevelopment, or downtown
revitalization as defined in s. 16').3 urban infill and redevelopment areas designated
tinder s. 163.2517, transportation concurrency exception areas approved pursuant to s.
163.3 180(5), or regional activity centers and urban central business districts approved
pursuant to s. 380.06(2)(e).
21-95.03 - Procedures
a. A small-scale plan amendment may be initiated by a property owner. the City staff, any
advisory board and/or at the direction of the City Council.
b. The public notice for a small-scale plan amendment shall be as provided in current
Florida Statutes.
C. Upon receipt of a complete application and payment of the appropriate fee, the
Development Services Department will schedule a review by the TRC.
d. Following review by the TRC, a staff report including findings of fact to amend the
Comprehensive Plan, a small scale plan amendment report and a staff recommendation
shall be provided to the P&ZB.
Rev. OCT 2022 Land Development Code 1X-9
e. The small-scale plan amendment report shall at a minimum include adequate data and
analysis to justify the proposed amendment.
f. Following review by the P&ZB, a staff report presenting the P&ZB recommendation, a
proposed ordinance and staff recommendation shall be provided to the City Council for
consideration.
g. The decision of the City Council with respect to the small-scale amendment shall be
effective thirty-one (3l) days after its adoption unless appealed by all affected person as
defined in current Florida Statutes.
21-95.04-Approval Criteria
In order to approve a small-scale plan amendment, the City Council must make the following
findings of fact:
a. The proposed amendment is consistent with the Goals. Objectives and Policies of the
Comprehensive Plan.
b. The proposed amendment is consistent with the Concurrency Management System
requirements in Article XI.
C. The proposed amendment is compatible with existing and proposed uses in the adjacent
area.
21-95.05 - Approval Expiration
Small-scale plan amendments shall be permanent unless subsequently amended as provided for
in this Section.
21-95.06 - Reconsideration
A small-scale plan amendment denied by the City Council shall not be reconsidered for one (1)
year after the date of final denial by the City Council.
21-95.07- Appeals
An appeal of the decision of the City Council concerning any final small-scale plan amendment
is to the Division of Administrative Hearings within thirty (30) days of the final decision
concerning the small-scale amendment.
Rev.P'QRIQ&OCT 2022(Land_Development Code) IX-10
SECTION 21-96-OTHER PLAN AMENDMENTS
21-96.01 -General Provisions
Chapters 163.3184, 163.3187 and 163.3189, Florida Statutes provide for a process to amend the
City Comprehensive Plan. Applications for plan amendments, other than small-scale
amendments, shall be accepted two (2) times per year. The City Comprehensive Plan shall be
amended by ordinance in the manner provided in Chapter 166.041 and Chapter 163, Part II, F.S.
Plan amendments, other than small scale amendments, are legislative decisions and shall be
administered accordingly.
21-96.02 -Criteria for Determination
A comprehensive plan amendment is required when:
a. Any change is proposed or required in the boundaries of any portion of the Future Land
Use Map.
b. Any change is proposed in the text of the Data and Analysis and/or Goals, Objectives and
Policies of the Comprehensive Plan.
C. Any parcel is annexed into the City.
21-96.03 -Procedures
a. The public notice for other plan amendments shall be as provided in current Florida
Statutes.
b. Upon receipt of a complete application and payment of the appropriate fees, the
Development Services Department will schedule a review by the TRC.
c. Following review by the TRC, a staff report including findings of fact to amend the
Comprehensive Plan, a plan amendment report and a staff recommendation shall be
provided to the P&ZB.
d. The plan amendment report shall at a minimum include adequate data and analysis to
justify the proposed amendment.
e. Following review by the P&ZB, a staff report presenting P&ZB recommendations, a
proposed ordinance and a staff recommendation shall be provided to the City Council for
consideration.
f. The purpose of the firstpublic hearing is to allow the City Council to grant/deny
Rev.OCT 2022 Lmd Development Code IX-1 1
transmittal of the proposed Comprehensive Plan amendment to the DCA for review and
comments pursuant to the requirements of Chapter 163, F.S., Part I1.
g. Upon receipt of the DCA comments, the proposed amendment(s) shall be scheduled for
the second public hearing by City Council to consider the Comprehensive Plan
amendment.
h. In their consideration of the proposed Comprehensive Plan amendment, the City Council
shall address any objections provided by the DCA and shall consider any
recommendations and comments provided by the DCA. The City Council's decision shall
be based on findings of fact and the public testimony received at this hearing.
i. If the City Council adopts the Comprehensive Plan amendment ordinance, the adopted
ordinance and supporting documentation shall be transmitted to the DCA for their
compliance determination pursuant to the requirements of Chapter 163.3184, F.S.
j. The Comprehensive Plan amendinent(s) shall be effective twenty-one (21) days after the
DCA issues a Determination of Compliance unless appealed by an affected person as
defined in current Florida Statutes.
21-96.04 -Approval Criteria
In order to approve a Comprehensive Plan amendment, the City Council must find that, based on
the facts presented, the proposed amendment is consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
21-96.05 -Approval Expiration
Comprehensive Plan amendments shall be permanent unless subsequently amended as provided
for in this Section.
21-96.06 - Reconsideration
A Comprehensive Plan amendment denied by the City Council shall not be reconsidered for one
(1)year after the date of final denial by the City Council.
21-96.07 - Appeals
An appeal of the decision of the City Council concerning a Comprehensive Plan amendment in
this Section is to the Division of Administrative Hearings within twenty-one (21) days of the
final adoption.
Rev. 91881$8OCT 2022(Land-Development-Code) IX-12
SECTION 21-97 -VOLUNTARY ANNEXATION
21-97.01 - Intent
The purpose of this Section is to establish the process and criteria to voluntarily annex parcels
into the City limits. A voluntary annexation shall be in accordance with the requirements of
Chapter 171.044, F.S. An annexation decision is a legislative action and shall be administered
accordingly.
21-97.02-Criteria for Determination
The owner or owners of real property which is contiguous and reasonably compact to the
existing City limits may petition the City for voluntary annexation subject to Chapter 171, F.S.
21-97.03-Procedures
a. The public notice for a voluntary annexation shall be as provided in Florida Statutes.
b. Following review by the TRC, the Development Services Department shall transmit the
annexation report and relevant supporting materials to the P&ZB for consideration.
Separate ordinances shall be required for each parcel or contiguous group of parcels.
C. The P&ZB shall conduct a public hearing and shall evaluate whether the proposed
annexation meets the criteria as established by Florida Statutes and make any other
findings of fact deemed pertinent to a particular parcel.
d. Following review by the P&ZB, the Development Services Department shall transmit the
annexation report, the annexation ordinance and P&ZB minutes to the City Council for
consideration.
e. The annexation ordinance shall be effective upon adoption by the City Council.
21-97.04 - Plan Amendment and Zoning of Annexed Property
Pursuant to the requirements of Chapter 171, F.S. the Volusia County Comprehensive Plan and
Land Development Code shall control development on the parcel until the City amends its
Comprehensive Plan to include the annexed parcel.
a. Upon completion of the annexation process, a plan amendment shall be processed
pursuant to the requirements of Section 21-95 or 21-96 of this Article for each parcel or
contiguous group of parcels included in the annexation ordinance.
b. Upon completion of the plan amendment process, the subject parcels shall be rezoned
Rev.OCT 2022 Land Develo ment Code ' 1X-13
pursuant to the requirements of Section 21-91 of this Article.
C. A plan amendment application resulting from an annexation may be processed
simultaneously with the annexation application. However, the plan amendment shall not
be effective until the annexation process is completed.
d. A rezoning application resulting from an annexation plan amendment may be processed
simultaneously with the annexation plan amendment. However,the rezoning shall not be
effective until the plan amendment process is complete.
e. Pursuant to the requirements of Chapter 171, Chapter 163 and Chapter 166, F.S., separate
ordinances shall be required for the annexation action,the plan amendment action and the
zoning action.
SECTION 21-98 - INVOLUNTARY ANNEXATION
21-98.01 -Intent
The purpose of this Section is to establish the process and criteria to involuntarily annex parcels
into the City limits. An involuntary annexation shall be in accordance with the requirements of
Chapter 171 F.S. An annexation decision is a legislative action and shall be administered
accordingly.
SECTION 21-99-ABANDONMENTS AND VACATIONS
21-99.01 -Intent
The purpose of this Section is intended to establish the process and criteria for abandoning and
vacating public rights-of-way, easements and plats. Abandonments and vacations are legislative
actions and shall be administered accordingly.
21-99.02 -Application Requirements
An application must be submitted by an adjacent owner of record or the owner of a platted
parcel. The application shall include:
a. A recent boundary survey showing the area to be abandoned and the adjacent parcels.
b. A legal description of the area to be abandoned including the Tax Parcel Identification
number.
C. Letters of support or opposition from the adjacent property owners of record.
Rev.W48A40CT 2022(Land Development Code) [X-14
d. Letters of support or opposition from the affected utility companies and adjacent
governments as may be applicable.
e. A statement of the reason for the request.
21-99.03 -Procedures
a. The applicant shall complete the application provided in the instruction package and pay
the application fee.
b. The public notice for an abandonment and vacation shall be as provided in current
Florida Statutes.
C. The complete application package shall be submitted to TRC for review and comments.
d. Following review of the TRC, the Development Services Department shall prepare
written findings of fact which at a minimum address:
1. The consistency with the Comprehensive Plan's Objectives and Policies.
2. The effects, if any, on any planned or programmed expenditures of any public
agency.
3. An assessment of the effects on adjacent property.
4. A description of the adjacent land uses,zoning and site development criteria.
5. Any other appropriate information.
6. The certification that the current taxes have been paid.
e. The application, findings of fact and staff report will be transmitted to the P&ZB for a
public hearing and a recommendation.
f. The P&ZB recommendation including the staff report and staff recommendation will be
transmitted to the City Council.
g. The City Council action shall be by Resolution in the manner provided by Chapter 166,
F.S.
h. Volusia County shall be furnished with a certified copy of the Resolution describing the
final order in conformance with the requirements of Chapter 177, F.S.
21-99.04-Approval Criteria
The City Council must make the following findings of fact to approve all abandonment and
vacation:
a. The proposed abandonment and vacation is substantially consistent with the
Rev. OCT 2022 Land Development Code IX-15
Comprehensive Plan's Goals, Objectives and Policies.
b. The proposed abandonment and vacation will not affect the ownership or conferment
access of persons owning adjacent property.
C. Other matters of concern applicable to the specific area involved.
21-99.05-Decision Effects
If the City Council approves the abandonment and vacation, ownership of the abandoned area
reverts to the adjacent property owners of record in accordance with State Statutes or as defined
by the Volusia County Property Appraiser.
21-99.06-Appeals
Appeals of abandonment and vacation decisions by the City Council shall be to the Circuit
Court.
SECTION 21-100 -VARIANCES
The purpose of this Section is to establish the process and criteria to allow a modification of the
strict application of Article IV - Resource Protection Standards and Article V - Project Design
Standards requirements under limited conditions. This section also establishes criteria whereby
an applicant can appeal code interpretations made by the staff.
21-100.01 -General Requirements
a. The variance application shall be consistent with the current Comprehensive Plan and
zoning district. Variance applications inconsistent with the Comprehensive Plan shall
require a Comprehensive Plan amendment. Variance applications inconsistent with the
zoning district shall require a rezoning application.
b. Economic. personal. or any other hardship that is self-imposed shall not be sufficient
justification to grant a variance. Hardship for the purpose of this section is defined as a
restriction on property so unreasonable that it results in an arbitrary and/or capricious
interference with basic property rights. Hardship relates to the physical characteristics of
the property. not the personal circumstances of the owner or user. and the property is
rendered unusable without the granting of a variance.
C. No development permit, Business Tax Receipt or Certificate of Occupancy shall be
issued for any property that is subject to a variance, until the process is completed.
d. A variance request for any use not permitted within a certain zoning district shall not be
considered.
Rev. W08.108ocr 2022(Land-Development Code) IX-16
21-100.02 -Procedures
a. All applicants for a variance shall schedule a preapplication meeting with the
Development Services Department to discuss the requirements and possible schedule.
The staff will determine whether an administrative variance or a non-administrative
variance is appropriate based on the specific conditions of the applicant's property;
b. The staff will provide an applicant with a current copy of the necessary forms and
instructions for either an administrative variance or a non-administrative variance as may
be appropriate.
C. At a minimum, the variance application shall include:
1. The signature of the property owner, or his authorized agent;
2. A copy of a recent survey of the subject property, signed and sealed by a surveyor
licensed in the State of Florida:
3. The tax parcel identification number from the VOILISia County Property Appraiser;
4. A site plan, as may be appropriate;
5. Any other material deemed necessary by the staff and
6. Payment of the appropriate application fee as established by Resolution.
21-100.03 -Administrative Variance
a. Upon receipt of a completed application for an administrative variance. the Development
Services Director/Building Official may grant a variance only in the following situations:
1. The variance involves real property materially affected by any governmental
public utility,road improvement or condemnation actions;
2. The variance requests a reduction in the number of required parking spaces of ten
percent (10%) or less; or
3. The variance involves site dimensions of less than one (1) foot.
b. In detennining whether to grant an administrative variance, the Development Services
DirectorlBuilding Official shall make the following findings of fact:
1. That there is no alternative available to allow reasonable use of the property;
and/or
2. That granting of the variance will not result in parking in the public right-of-way
or an easement;and/or
3. That granting of the variance will not result in a use which is incompatible with
adjacent properties.
C. The administrative variance decision shall be transmitted in writing to the applicant
Rcv.OCT 2022 Land Development Code _ IX-17
within thirty (30) days of receipt of the application.
d. An applicant or an adjacent property owner may appeal an administrative variance
decision to the P&ZB provided it is -filed within fourteen (14) days of the action by the
Development Services Director/Building Official on the administrative variance
application. A separate application and fee shall be required for such an appeal.
e. The administrative variance may prescribe a reasonable time limit within which the
action for the variance is required shall begin. be completed or both.
21-100.04-Non-Administrative Variance
a. A non-administrative variance application shall be completed by the applicant and
submitted to the Development Services Department.
b. Public notice regarding the non-administrative variance application shall be provided in
accordance with current Florida Statutes.
C. Upon receipt of the completed application, the Development Services Department shall
provide a staff report and recommendation to the P&ZB.
d. In order to grant a non-administrative variance, the P&ZB shall make the following
Findings of fact:
1. That granting of the proposed variance is not in conflict with the Comprehensive
Plan;
2. That granting of the proposed variance will not result in creating or continuing a
use which is not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit
reasonable use of the property;
4. That the physical characteristics of the subject site are unique and not present on
adjacent sites;and
5. That the circumstances creating the need for the variance are not the result of
actions by the applicant. E)F actions proposed by the applicant or actions by the
previous property owner(s).
6. That arantina of the proposed variance(s) will not cause substantial detriment to
the public welfare or impair the purposes and intent of the Land Development
Code.
e. The P&ZB may prescribe appropriate conditions for any variance and may prescribe a
time limit for application of the variance.
Rev. WO&08OCT 2022(Land Development Code) IX-19
21-100.05-Expiration
Unless specifically stated otherwise,a variance shall expire two(2) years after final action unless
a building permit or certificate of occupancy has been issued.
21-100.06-Appeals
Appeals of P&ZB variance decisions shall be made to the City Council within fifteen (15) days
of the P&ZB decision in a manner and form required by the City Council.
SECTION 21-101 -DEVELOPMENT AGREEMENTS
21-101.01 -Intent
It is the intent of this Section to set forth the procedures and requirements necessary for the City
to consider and enter into Development Agreements in accordance with planned residential,
business or industrial developments that encourage efficient use of resources and reduce the
economic cost of development.
21-101.02- Procedures
a. A Development Agreement application may only be submitted by the owner,the owner's
designated agent or any other person having a contractual interest in the parcel of land
proposed for development.
b. Upon receipt of a completed application, the appropriate fee and required supporting
material, the Development Services Department will schedule a meeting for review of the
proposed Development Agreement.
C. If the proposed development requires site plan approval, the applicant shall submit an
application meeting the requirements of Section 21-93.
d. If the proposed development requires subdivision plat approval, the applicant shall
submit an application meeting the requirements of Article XIII.
e. If the proposed development requires rezoning of the property, the applicant shall submit
an application meeting the requirements of Section 21-91.
f. Public notice for the P&ZB public hearing regarding the proposed Development
Agreement shall be as provided in accordance with Florida Statutes.
g. Upon legal review, staff recommendations and public notice requirements the
Development Agreement application shall be scheduled for the next available P&ZB
meeting.
Rev.OCT 2022 Land Development Code ' 1X-19
i
h. The P&ZB shall consider the Development Agreement at a public hearing and make a
decision recommending approval or denial of the Development Agreement to the City
Council.
i. Following the P&ZB public hearing, a public hearing regarding the proposed
Development Agreement shall be scheduled for the next available City Council meeting
in compliance with the notice requirements in accordance with Florida Statutes.
j. The City Council shall either grant, grant with amendments or deny the application for a
Development Agreement.
k. Within ten (10) days after the City Council executes the Development Agreement, a copy
shall be provided to the developer/owner and the Development Services Department.
21-101.03 - Development Agreement Requirements
a. A Development Agreement shall, at a minimum, address the following:
1. A plat or legal description including acreage of the land subject to the Agreement
and the names of legal and equitable owners.
2. The duration of the agreement.
3. The development uses permitted on the land including:
a) The current or proposed zoning designation of the property.
b) Minimum lot size and density or intensity.
C) Minimum square footage of buildings.
d) Minimum yard sizes/setbacks.
e) On and off-site road and signalization improvements.
A description of any reservations or dedications of land for public
purposes.
g) Stormwater retention.
h) The future land use designation of the property.
i) A description of public facilities that will service the development,
including who shall provide such facilities, the date any new public
facilities, if needed, will be constructed and a schedule to assure public
facilities are available concurrent with the impact of the development.
Any public facilities to be designated and/or constructed by the developer
shall be in compliance with all applicable federal, state and local standards
to ensure the quality of the public facilities. The standards shall include,
but not be limited to guarantees of performance and quality and project
controls (including scheduling, quality control and quality assurance).
Rev. PAR 11) OCT 2022(Land-Development-Code) IX-20
j) Consistency of development with the Comprehensive Plan.
k) A description of all local, state, federal or other development permits.
l) Applicable impact fee schedule.
tn) Development requirements such as:
1) Any required Comprehensive Plan Amendment.
2) Any required rezoning.
3) Any required permits by the City, Florida Department of
Environmental Protection, U.S. Army Corps of Engineers, St.
Johns River Water Management District, United States
Environmental Protection Agency and any other governmental
approvals.
4) Any required subdivision plat approval.
5) Any final development order authorizing construction in
accordance with the provisions of the Concurrency Management
System requirement of Article XI.
G) Site plan approval.
7) Homeowners Association (if applicable).
8) Health, safety and welfare requirement.
9) Appeals.
10) Performance guarantees.
1 1) Binding effect.
12) Recording.
13) Period review.
14) Applicable law.
l 5) Time of the essence.
l b) Agreement/amendment.
l 7) Further documentation.
l 8) Specific performance.
19) Attorney's fees.
20) Counterparts.
21) Captions.
22) Severability.
n. The Development Agreement shall specifically provide that all
development permits shall be obtained at the sole cost of the
applicant/property owner and that in the event that any such development
permits are not received, no further development of the property shall be
allowed until such time as the City Council has reviewed the matter and
determined whether or not to terminate the Development Agreement or to
modify it in a manner consistent with the public interest and the
Comprehensive Plan.
Rev.OCT 2022 Land Development Code IX-21
21-101.04 - Development Agreement Execution
a. A Development Agreement shall be executed by all persons having legal or equitable title
in the subject property, including the fee simple owner and any mortgagees, unless the
City Attorney approves the execution of the Development Agreement without the
necessity of such joinder or subordination based on a determination that the substantial
interests of the City will not be adversely affected thereby. A Development Agreement is
determined to be a legislative act of the City in the furtherance of its powers to plan, zone
and regulate development within its boundaries.
b. In the event that the State and Federal laws are enacted after the execution of a
Development Agreement which are applicable to and preclude the parties compliance
with the terms of the Development Agreement, such agreement shall be modified or
revoked as it is necessary to comply with the relevant State or Federal laws.
21-101.05 -Amendment and Cancellation
a. A Development Agreement may be amended or canceled by written mutual consent of
the parties to the agreement or by their successors in interest. Prior to amending a
Development Agreement, a public hearing shall be Held by the City Council with due
public notice.
b. If the Development Agreement is amended, canceled, modified, extended or revoked,
notice of such action shall be provided to the applicant/owner with a copy to the
Development Services Department.
21-101.06- Expiration
a. The term of a Development Agreement may be for any period mutually acceptable to all
parties.
b. A Development Agreement may be extended by mutual consent of the parties subject to a
public hearing before the City Council.
21-101.07-Monitoring
a. The City shall periodically review the development subject to the Development
Agreement to determine if there has been good faith compliance with the terms of the
agreement.
a. If the City makes a finding that there has been a failure to comply with the terms of the
Development Agreement, a public hearing shall be conducted. If the City Council
determines evidence that the developer has not complied in good faith with the terms and
Rev. MS�08OCT 2022(Land Development Code) IX-22
conditions of the Development Agreement, the agreement may be modified or revoked.
Rev.OCT 2022 Land Devclo ment Code ' IX-23
i
SECTION 21-102 -EXCAVATION PERMITS
21-102.01 -General Provisions
Excavation operations shall not be conducted within the City without approval by the City
Council. The term "excavation operation" includes any operation that involves the excavation or
removal of earth in excess of one hundred(100) cubic yards.
a. Notwithstanding the forgoing, the following activities shall not require an excavation
permit:
1. Installing utilities.
2. Installing foundations for any building or other structure, or undertaking any
approved development authorized by site plan approval, conditional use, Right-
of-Way Utilization Permits, preliminary plat and construction plan approval,
building permit,development order or stormwater permit.
3. Construction of drainage or mosquito control ditches and canals by authorized
units and agencies of government.
21-102.02 -Application Requirements
An application for an excavation permit shall be submitted to the Development Services
Department after a preapplication conference. At a minimum, the application shall contain an
operational statement, an excavation plan and a reclamation plan as described below.
a. An operational statement shall be provided to include a description of the proposed
operational practices that, at a minimum,address the following:
1. The purpose of the excavation operation and size of the area to be excavated.
2. A timetable or schedule for excavation activities, from commencement of
operations through completion of reclamation.
3. The proposed days and hours of operation, including maintenance and service of
equipment.
4. The method of extraction and processing, including disposition of overburden or
top soils as well as the type of excavation equipment being used.
5. The location and estimated annual output of machinery or equipment to be used in
any screening, crushing or processing operation for materials mixed or excavated
on the site.
6. Mitigation of noise, dust,air contaminants and vibration.
7. Prevention of undue damage to public streets and roads or creation of a traffic
hazard, including the posting of a bond for street repair.
Rev.A4&U0CT 2022(Land-Development-Code) IX-24
8. Protection of the existing drainage system capacity from project surface water
discharges.
9. Prevention of pollution of the groundwater resources.
10. Any other information identified at the preapplication conference as necessary for
the reasonable review of the proposed excavation operation.
b. The excavation plan shall be submitted in accordance with Section 21-93 (Site Plan). In
addition, the plan shall include:
1. The extent of the area to be excavated, with dimensions showing property line
setbacks,corner locations, required berm and swales and phase boundaries.
2. A typical cross-section showing the slope and grade of excavation side slopes,
berm and swales.
3. Processing,storage and ponding or water detention areas.
4. Ground water depth.
5. Ground water flow.
6. Traffic pattern/flow layout.
C. A reclamation plan plus a performance bond in an amount determined by the City shall
be submitted as part of the application. At a minimum,the plan shall include:
1. A statement of planned reclamation, including the methods to accomplish
reclamation as well as the phasing and timing of reclamation.
2. The method of disposing of any equipment or structure used in the excavation
operation.
3. A plan setting forth the final grade of the excavation, any water features included
in the reclamation, proposed methods to prevent stagnation and pollution,
landscaping or vegetative planting and areas of cut or fill.
21-102.03- Procedures
Upon receiving a completed application and relevant supporting material, the Development
Services Department will schedule a review by the TRC. The TRC shall evaluate the technical
aspects of the proposed plan. The Development Services Department shall issue a report and
recommendation to the P&ZB for a public hearing.
21-102.04-Decision Criteria.
a. The P&ZB shall consider the following criteria:
I. Consistency with this Article and the Comprehensive Plan.
2. Whether the proposed excavation operation will have an undue adverse effect
upon adjacent property, the character of the neighborhood, parking, utility
facilities,or other matters affecting the public health,safety and general welfare.
Rev.OCT 2022 Land Develo ment Code IX-25
3. Whether reasonable steps have been taken to minimize noise, dust, air
contaminants and vibration.
4. Whether the proposed excavation operation will discharge to the existing drainage
system.
5. Whether reasonable steps have been taken to prevent undue pollution of surface
and underground water and to prevent undue alteration of the water table.
6. Whether the proposed excavation operation will cause undue damage to public
streets and roads,and/or will create a traffic hazard.
7. Whether the reclamation plan is adequate to ensure that the property will be
properly reclaimed upon completion of the excavation operation.
b. The P&ZB, after reviewing the application at the public hearing, shall make a
recommendation to the City Council.
c. The City Council shall conduct a public hearing to consider the proposed excavation
permit and either approve, approve with conditions or deny the application.
d. The applicant shall provide a performance bond or other security, approved by the City
Attorney, to assure compliance with the requirements of the excavation and reclamation
plans.
e. The amount of the performance bond or other security shall be set by the City Council
upon recommendation by the City Manager for an amount not less than one hundred ten
percent (110°/x) of the cost of reclamation.
f. The bond or other security shall be released by the City Council only upon a
recommendation by the City Manager that all conditions and reclamations have been
fulfilled. The permit shall set forth any condition, limitation or requirement by the City
Council, and shall take effect when the pen-nit is issued.
g. The applicant shall provide a maintenance bond to restore any damage to local streets or
roads.
h. No excavation may commence until a Development Order is issued.
i_The permit approval shall terminate if an applicant fails to post the required performance
bond or other security and obtain an excavation perinit within one (1) year of the date of
approval by the City Council.
4-
21-102.05 - Suspension of Excavation Permit
Rev.A'OS'BSOCT 2022(Land-Development-Code) IX-26
a. The City Manager or his designee shall have the authority to suspend any excavation
permit issued under this Section upon a determination that the permittee has failed to
meet any requirements of this Section or has deviated substantially from or disregarded
the terms and conditions of the permit.
b. No excavation operation shall be conducted following suspension of an excavation
permit until the City Manager determines that the permittee is in full compliance with the
requirements and the terms and conditions of the excavation permit and reinstates the
permit.
C. The permittee under any suspended excavation permit shall be afforded the opportunity
to have a hearing at a regularly scheduled meeting of the City Council.
d. The City Clerk shall notify the permittee of the date, time and location of such hearing
when he/she imposes the suspension.
e. At the hearing, the City Council shall consider the evidence presented and shall:
1. Confirm the suspension, in which event excavation operations shall not be
reactivated until the City Manager determines that the permittee is in full
compliance with the requirements and the terms and conditions of the permit and
reinstates the permit; or
2. Rescind the suspension and direct the reinstatement of the pen-nit: or
3. Confirm the suspension and initiate proceedings to revoke the permit.
Sections 21-103 through 21-119 reserved for future use.
Rev.OCT 2022 Land Development Code IX-27