ARTICLE I. OVERVIEW

Sec. 1. General.

   A.   Purpose and Intent. The purpose and intent of this chapter is to consolidate the procedures and applications for development approval. The format is designed to allow users to quickly and efficiently ascertain the various steps involved in the application process; from the pre-application conference to final approval.

   B.   Definitions. See Chapter 1, Article II for definitions and acronyms relative to land development applications and processes.

   C.   Rules. The regulations and provisions of this chapter shall be interpreted to represent the minimum requirements adopted for the protection and promotion of the public health, safety, morals, comfort, convenience, order, appearance, prosperity, or general welfare. In addition, whenever the word "district" is used, in this chapter it is construed to mean zoning district.

   D.   Severability. Should any section, subsection, paragraph, sentence, clause, phrase, or other part of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole or any article, section, subsection, paragraph, sentence, clause, phrase, or word thereof, other than that so declared to be invalid.

(Ord. 10-025, passed 12-7-10)

Sec. 2. Types of Land Development Applications.

   A.   Table 2-1. Applications by City Departments.

   Legend:

   HRPB:   Historic Resources Preservation Board

   P&Z:   Planning and Zoning Division

   P&D:   Planning and Development Board

   CRA:   Community Redevelopment Agency

   CC:   City Commission

APPLICATION TYPE	CODE SECTION	REVIEWING AUTHORITY (STAFF)	APPROVING AUTHORITY	PUBLIC HEARING REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Standard Applications
Annexation	Art II, Sec. 2.A.	Director of P&Z	CC	Yes
Comprehensive Plan Amendment
Text	Art. II, Sec. 2.B.2.	City Initiated Only
Future Land Use Map (FLUM)	Art II, Sec. 2.B.3.	Director of P&Z	CC	Yes
Conditional Use	Art. II, Sec. 2.C.	Director of P&Z	CC	Yes*
Conditional Use Time Extension	Art. II, Sec. 2.C.6.
Rezoning	Art. II, Sec. 2.D.	Director of P&Z	CC	Yes*
Master Plan (New)	Art. II, Sec. 2.D.6.
Master Plan Modification (Major)	Art. II, Sec. 2.D.6.g.
Master Plan Modification (Minor)	Art. II, Sec. 2.D.6.h.		Director of P&Z	No
Sign Program	Art. II, Sec. 2.E.	Director of P&Z	Director of P&Z	No
Site Plan Review	Art. II, Sec. 2.F.	Director of P&Z	CC	Yes*
Site Plan Time Extension	Art. II, Sec. 2.F.6.
Site Plan Modification (Major)	Art. II, Sec. 2.F.7.
Site Plan Modification (Minor)			Director of P&Z	No
Vacation and Abandonment	Art. II, Sec. 2.G.	Director of P&Z	CC	Yes*
Planned Industrial Development (PID) Applications
Master Site Plan (New) PID Zoning District Only	Art. II, Sec. 3.A.	Director of P&Z	CC	Yes
Master Site Plan Modification, Major	Art. II, Sec. 3.A.6.
Master Site Plan Modification, Minor			Director of P&Z	No
Technical Site Plan (New) PID Zoning District Only	Art. II, Sec. 3.B.	Director of P&Z	Director of P&Z	No
Technical Site Plan Modification, Major	Art. II, Sec. 3.B.6.
Technical Site Plan Modification, Minor
Waiver	Art. II, Sec. 3.C.	Director of P&Z	CC	Yes
Relief Applications
Administrative Adjustment	Art. II, Sec. 4.A.	Director of P&Z	Director of P&Z	No
Community Design Appeal	Art. II, Sec. 4.B.	Director of P&Z	CC	Yes
Height Exception	Art. II, Sec. 4.C.	Director of P&Z	CC	Yes
Reasonable Accommodation	Art. II, Sec. 4.F.	Director of P&Z	Director of P&Z	No
Variance to Land Development Regulations	Art. II, Sec. 4.D.	Director of P&Z	CC	Yes*
Waiver	Art. II, Sec. 4.E.	Director of P&Z	See Site Plan Review	See Site Plan Review
Permit Applications
Sign Permit	Art. II, Sec. 5.A.	Director of P&Z	Director of P&Z	No
Zoning Permit	Art. II, Sec. 5.B.	Director of P&Z	Director of P&Z	No
Historic Preservation
Certificate of Appropriateness	Art. II, Sec. 6.A.	Director of P&Z	HRPB	Yes
Historic District or Properties Designation	Art. II, Sec. 6.B.	Director of P&Z	CC	Yes*
Historic Preservation Property Tax Exemption Application	Art. II, Sec. 6.C.	Director of P&Z	CC	Yes
Other Applications
Certificate of Conformity	Art. II, Sec. 7.A.	Director of P&Z	Director of P&Z	No
Lot Line Modification	Art. II, Sec. 7.B.	Director of P&Z	Director of P&Z	No
Mobile Vendor Approval	Art. II, Sec. 7.C.	Director of P&Z	Director of P&Z	No
Mobile Vendor Assembly	Art. II, Sec. 7.C.	See Special Events	See Special Events	No
Modification to Development Order	Art. II, Sec. 7.D.	Director of P&Z	CC	Yes
Sidewalk Café Approval	Art. II, Sec. 7.E.	Director of P&Z	CC	No
Zoning Verification Letter	Art. II, Sec. 7.G.	Director of P&Z	Director of P&Z	No
ARTICLE III. ENGINEERING DIVISION SERVICES
Preliminary Plat	Art. III, Sec. 2.B.	City Engineer	City Engineer	No
Final Plat	Art. III, Sec. 2.C.	City Engineer	CC	Yes
Land Development Permit (LDP)	Art. III, Sec. 3.	City Engineer	City Engineer	No
Right-of-Way Permits	Art. III, Sec. 4.	City Engineer	City Engineer	No
Engineering Division Waiver	Art. III, Sec. 5.	City Engineer	City Engineer	No
ARTICLE IV. BUILDING DIVISION SERVICES
Building Permit	Art. IV, Sec. 2.	Building Official	Building Official	No
Sign Permit	Art. IV, Sec. 3.	Building Official	Building Official	No
Variance	Art. IV, Sec. 4.	Building Official	Building Board of Adjustment and Appeals	Yes
ARTICLE V. BUSINESS TAX SERVICES
Seasonal Sales Event Approval	Art. V, Sec. 3.	Business Tax Manager	Business Tax Manager	No
Special Temporary Sales Event Approval	Art. V, Sec. 4.	Business Tax Manager	Business Tax Manager	No

 

*   Quasi-judicial proceedings are required pursuant to Part II (City Code of Ordinances), Chapter 2, Article I, Section 2-20.

   B.   Withdrawal. By written request, the applicant shall have the right to withdraw an application at any time prior to the final action of the application by the decision making body or person.

(Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-027, § 2, passed 10-1-13; Am. Ord. 13-033, § 2, passed 12- 3-13; Am. Ord. 15-003, passed 3-17-15)

Sec. 3. Review Process for Applications Requiring Public Hearings, Generally.

   This section generally describes the review process for land development applications requiring public hearings. The required plan(s), application(s), fee(s), and supporting document(s) are dependent upon the type, character, and complexity of the proposed project or relief being sought.

   A.   Staff Review. Each land development application that requires a public hearing shall be reviewed by staff to ensure compliance with all applicable codes, standards, and regulations; redevelopment plans; and the Comprehensive Plan's goals, objectives, and policies. Unless otherwise specified, the application shall be processed in accordance with the following actions:

      1.   Completeness Review. This section applies to any land development application in this chapter, unless otherwise provided for in the regulations for that specific application. No review shall commence until the application is deemed complete by the reviewing authority.

      2.   Analysis and Recommendations. Staff comments and recommendations shall identify noncompliance and deficiencies with the standards and requirements of these Land Development Regulations or any other applicable codes. During this informal procedure, staff comments and recommendations are forwarded to the applicant so that each issue can be completely resolved or adequately addressed, as determined by staff, prior to Advisory Board review. An applicant may orally or in writing, challenge any staff comment or recommendation by contacting the issuing department directly and presenting specific grounds for the challenge. The issuing department will either affirm or reverse its original comment or recommendation, but all such action shall be based on the provisions of appropriate codes, ordinances, rules, regulations, standard drawings, redevelopment plans, or Comprehensive Plan. A staff comment becomes a recommendation when it is not based on a specific code, ordinance, rule, regulation, standard drawing, redevelopment plan, or goal, objective, or policy of the Comprehensive Plan. Such staff recommendation becomes compulsory when it is approved as part of the conditions of approval and development order by the applicable Advisory Board or City Commission.

      3.   Forward to Applicable Advisory Board. Upon conclusion of staff review, the Director of Planning and Zoning, designee, or reviewing authority will transmit the document with staff comments and recommendations to the applicable Advisory Board for their review and recommendation.

   B.   Advisory Board Review.

      1.   Notification. The Planning and Zoning Division shall notify the applicant in writing, of the date, time, and location of the Advisory Board meeting. The applicant may opt to postpone Advisory Board review by submitting a written request to the Director of Planning and Zoning, designee, or to the appropriate reviewing authority. In all instances, the applicant shall be responsible to comply with the applicable public notice requirements of City Code of Ordinances Part II, Chapter 2, Article I, Section 2-20.

      2.   Action. The Advisory Board will consider all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at the meeting, and recommend that City Commission:

         a.   Approve the application;

         b.   Approve the application subject to conditions;

         c.   Table or defer their decision to a subsequent meeting in order to collect additional information or conduct further analyses; or

         d.   Deny the application.

   C.   City Commission Review. After the Advisory Board conducts its review and formulates a recommendation, the Director of Planning, designee, or reviewing authority will forward the items to the City Commission for final review and approval.

      1.   Notification. The Planning and Zoning Division shall notify the applicant in writing, of the date, time, and location of the City Commission meeting. The applicant may opt to postpone City Commission review by submitting a written request to the Director of Planning and Zoning, designee, or to the appropriate reviewing authority. In all instances, the applicant shall be responsible to comply with the applicable public notice requirements of City Code of Ordinances Part II, Chapter 2, Article I, Section 2-20.

      2.   Action. The City Commission will review all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at all meetings, and vote to:

         a.   Approve the application;

         b.   Approve the application subject to conditions;

         c.   Table or defer their decision to a subsequent meeting in order to collect additional information or conduct further analyses; or

         d.   Deny the application.

   The action of the City Commission is the final decision.

(Ord. 10-025, passed 12-7-10)

Sec. 4. Expedited Development Review Program.

   A.   Applicability. Projects eligible for expedited processing are described below. Application types to be expedited include site plans (and corresponding applications including land use amendment and rezoning), plat, building permit, as well as inspection processes.

      1.   Eligible Uses. New and expanding establishments in the following industry categories are eligible for expedited processing:

         a.   Bioscience;

         b.   Medical or pharmaceutical research and development;

         c.   Aviation/aerospace/engineering;

         d.   Communications;

         e.   Information technology;

         f.   Business and financial services (non-retail);

         g.   Manufacturing, fabrication and processing; and

         h.   Education related to the above industry clusters.

      2.   Economic Development. Projects sanctioned by the State of Florida or other recognized economic development organization (Florida Office of Tourism, Trade and Economic Development (OTTED), Enterprise Florida, or Business Development Board of Palm Beach County).

      3.   Affordable and Workforce Housing. Residential developments that provide affordable housing and/or workforce housing units.

      4.   Sustainable Development. Projects must be registered with a nationally recognized green certification agency, including but not limited to:

         a.   USGBC – United States Green Building Council;

         b.   FGBC – Florida Green Building Coalition;

         c.   Green Globes; and

         d.   NAHB – National Association of Home Builders, National Green Building Standard.

      5.   Mixed-use development.

         a.   Development applications for mixed-use development within the City’s Community Redevelopment Area (CRA). Eligible projects must involve the MU-1, MU-2, MU-3, MU- 4, or MU-Core zoning district, include a site plan application, and contain a commercial component; and

         b.   Development applications for mixed-use development located outside the City’s CRA. Eligible projects must also be zoned, or be the subject of rezoning to the Suburban Mixed Use Zoning District, or be located with the Quantum Park Planned Industrial Development District, contain a commercial component, include a site plan, and include a minimum of five (5) acres of land.

   B.   Benefits of Program. Entities that have been accepted into the expedited permitting program shall receive the following benefits:

      1.   Point of Contact. The City Manager, or designee, shall appoint a single point of contact at the city who shall have the responsibility of assisting the applicant throughout the development application and permitting process;

      2.   Timetable. The Planning and Zoning Division, Building Division, Engineering Division of Public Works, and other applicable city departments shall establish the necessary steps required for project approval and permitting in a pre-application meeting and subsequently, within three (3) business days, prepare an optimal timetable for the project's completion of the development and application review process;

      3.   Priority Review. The project shall receive priority at every phase of the review process by city staff, including face-to-face meetings as needed. However, public hearings are subject to the availability of the relevant board and the decisions of such boards are not guaranteed to be made immediately. Therefore, to the extent possible, public hearing scheduling shall be expedited if applicable to a particular development application;

      4.   Comments. Comments relative to review by the 1) Planning and Zoning Division Planning; and 2) Building Division shall be provided to the applicant within seven (7) business days of the submission of a completed development application. The city and the applicant shall make a mutual commitment to provide all other development and permit application review comments and corresponding revisions thereto in a thorough and timely manner;

      5.   Building Permits.

         a.   Permits Issued on Basis of Affidavit. Consistent with the Florida Building Code, local administrative amendments and F.S. § 553.791, the applicant may be responsible for private plans review and inspections with the filing of a sworn affidavit from a registered architect or engineer affirming conformance of plans to all applicable technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement, strength, stresses, strains, loads and stability. However, for projects located within special flood hazard areas, this benefit shall not apply to flood load and flood resistance construction requirements of the Florida Building Code.

         b.   Fee Payment Schedule Agreement. The applicant will be eligible to propose a schedule for the timing of fee payments, to include permit fees and local impact fees, tailored to meet the financial and scheduling needs of the project. Certain legal limitations may apply, and this provision supersedes any conflicting regulation, or operational policy.

      6.   Conflict Resolution. Should any issues arise at any point during the development application review and permitting process, the city will use the most expeditious means to resolve the issue. A face to face meeting between city staff and the applicant's representatives, if necessary, shall be scheduled within three (3) business days of the applicant's notification of the issues.

(Ord. 10-025, passed 12-7-10; Am. Ord. 19-025, § 2, passed 8-20-19)