A. Sign Permit.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth well-defined application processes, review criteria, and uniform procedure to guide in the processing and review of sign permit applications to ensure compliance with the design objectives of Chapter 4, Article IV, Section 1.B. (i.e. identification, aesthetics, land values, safety, sustainability, and compatibility).
b. Applicability. Excluding those signs and support structures exempt from the permitting requirements of the sign standards in accordance with Chapter 4, Article IV, Section 1.E., it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign. These directives shall not be construed to require any permit for the cleaning, maintenance, or repair of a sign or sign structure for which a permit has previously been issued under this article, provided that such sign or structure is not modified in any way. Signs and structures supporting signs previously erected without a valid permit shall be in violation of this article and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign, or to immediately remove such sign and the structure supporting such sign upon notice that the sign or structure supporting the sign is illegal. The notice shall contain a time period for removal. Signs and sign support structures shall be processed under a separate permit (in accordance with Chapter 2, Article IV, Section 3) if the Building Official determines that compliance with the Florida Building Code is required.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. The sign permit shall comply with the sign standards of Chapter 4, Article IV. The Building Official shall make the determination as to whether a sign permit requires compliance with the Florida Building Code. In these instances, the sign permit shall be reviewed in accordance with the procedures described in Chapter 2, Article IV, Section 3.
4. Approval Process. The Director of Planning and Zoning or designee shall have three (3) days to review an application for a sign permit to ensure that it is complete. If an application is found to be incomplete, the Director of Planning and Zoning shall send a letter to the applicant indicating the noted deficiencies (with appropriate code references). Once an application is deemed to be complete, staff will promptly conduct a review of the application and within forty-five (45) days, the Director of Planning and Zoning or designee shall approve, approve with conditions, or deny the application for a sign permit.
5. Expiration. Any permit for a sign may be revoked by the city upon the determination that the sign is not in full compliance with the provisions of these Land Development Regulations or other applicable codes. A sign permit shall become null and void if the work is not complete within ninety (90) days of the issuance of such permit.
6. Appeal. Any appeal of a decision made by a city official shall be conducted in accordance with Chapter 1, Article VIII, Section 1 (Appeals from an Administrative Official).
B. Zoning Permit.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of zoning permits and zoning verification letters, to ensure that certain structures and site improvements comply with the respective requirements and standards described in these Land Development Regulations and the city's Code of Ordinances.
b. Applicability. A permit, issued by the Planning and Zoning Division, shall be required for accessory structures and site improvements proposed on any parcel or development unless otherwise specified herein. The following types of requests or improvements do not require a building permit but do require a zoning permit or zoning verification. Such improvements or requests include but are not limited to the following:
(1) Accessory structures, limited to a maximum of one (1) open air structure or gazebo less than one hundred (100) square feet and used in connection with a principal residential dwelling or use. Chickee huts are exempt from the above size limitation;
(2) Animal enclosures;
(3) Fences on residential property (single-family; two-family; and single-family attached if fee-simple ownership) with a maximum height of six (6) feet; unless used as a barrier around a swimming pool, spa, or rooftop equipment;
(4) Impervious surfaces that are unenclosed and uncovered, including but not limited to driveways, patios, steps, stoops, terraces, sidewalks, and the like, regardless of proposed surface materials (e.g., pavers, asphalt, concrete, etc.).
The zoning permit shall not be applicable to new impervious surfaces and improvements normally administered by other Divisions in the city, such as by the Engineering or Building Divisions. A land development permit (LDP) from the Engineering Division shall be required in lieu of a zoning permit for any proposed driveway, patio, terrace, sidewalk, or the like in excess of eight hundred (800) square feet. Impervious surfaces or improvements that would require a building permit (in lieu of a zoning permit) include reinforced concrete pads connecting with existing buildings to be used as a slab for future building additions; required handicapped accessible routes; framed decking improvements; or other similar improvements.
It should be noted that any proposed impervious surface and/or site improvement that decreases permeable land area in excess of eight hundred (800) square feet on any given parcel in the city shall be reviewed for compliance with the drainage standards of Chapter 4, Article VIII, Section 3.G., and/or the Engineering Design Handbook and Construction Standards. This review requires the submittal of a drainage plan prepared by a licensed professional engineer based on the design standards referenced above.
(5) Community gardens. See site plan review (Section 2.F. above) for community gardens containing storage and/or agricultural structures that are greater than one hundred (100) square feet. All agricultural structures and storage structures greater than one hundred (100) square feet shall require approval of a building permit in accordance with Chapter 2, Article IV, Section 2.
c. Compliance with Florida Building Code. Any proposed structure or improvement that includes an electrical, plumbing, or other similar component which is subject to compliance with the Florida Building Code, shall require a building permit, and the review for such improvement that would have been conducted as part of the zoning permit process, will alternatively occur as part of the review for the building permit. See Chapter 2, Article IV for additional regulations regarding the building permit review process and procedures.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. Each structure or improvement shall comply with the following: 1) all zoning requirements of Chapter 3, including the supplemental regulations of Article V; 2) all applicable site development standards described in Chapter 4; and 3) the applicable regulations of City Code of Ordinances Part II. Notwithstanding compliance with the aforementioned regulations and standards, their specific provisions are referenced as follows:
a. Fences. Chapter 3, Article V, Section 2;
b. Arbors, trellises, and pergolas. Chapter 3, Article V, Section 3.F.;
c. Open air structures and gazebos. Chapter 3, Article V, Section 3.G.;
d. Permanent sheds and storage structures. Chapter 3, Article V, Section 3.E.1.;
e. Decks, patios, steps, stoops, and terraces (unenclosed and uncovered). Chapter 3, Article V, Section 3.B.;
f. Animal enclosure. City Code of Ordinances Part II, Chapter 4, Section 4-4; and
g. Driveways for single-family and duplex dwellings. Chapter 4, Article V, Section 2.B.
4. Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official.
5. Expiration. A zoning permit is valid for a period not to exceed six (6) months from the date of issuance. If construction of the improvement covered by the zoning permit has not commenced within this time period, the permit shall expire and be cancelled with written notice to the applicant.
6. Time Extension. An extension of the permit for a period not to exceed ninety (90) days may be requested in writing by the applicant if received by the Division prior to permit expiration.
C. Landscape Permit.
1. General.
a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, application processes, and information to guide modification to the existing trees, palms, or vegetation located on a property.
b. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this subsection.
c. Applicability. Removal, relocation, replacement, or substantial alteration of a tree with a caliper of three (3) inches or greater and a palm with a clear wood of six (6) feet or greater are required to obtain a Landscape Permit, except for exemptions provided below.
2. Exemptions. This provision set forth in this subsection shall not apply to the following:
a. Single-Family Homes and Duplexes. Individually platted lots containing single-family homes or duplexes located within residential zoning districts are exempt, provided that they do not have a plan approved under review of Part III, Chapter 4, Article I and II, or they do not contain specimen trees. A specimen tree is protected in accordance with Chapter 4, Article I, Section 4.B. Preservation Efforts;
b. Community Gardens. Fruits, vegetables, nuts, and herbs that are planted and growing in a community garden, which is approved by the City;
c. Licensed plant nurseries or tree farms. All licensed plant or tree nurseries or tree farms shall be exempt from this subsection only in relation to those plants that are planted and growing on the premises for the sale to the public in the ordinary course of such business;
d. Emergencies. The provisions of this article may be waived by the Director of Planning and Zoning or designee during a period of emergency, such as during a hurricane, tropical storm, flood, or any other Act of God; and
e. City-owned and operated facilities excluding rights-of-way.
3. Public Utility Agencies. Public utility agencies may be authorized to remove or trim existing trees or palms that interfere with infrastructure located within easements or rights-of-way, or which otherwise endanger the safety and welfare of the public, without obtaining a landscape permit. However, if the plant material was part of the approved plan, the responsible party or property owner will be required to mitigate removal of the plant material. Trees or palms that are removed or damaged by a public utility agency shall be replaced with comparable material and provided on a tree-for-tree or palm-for-palm basis, as applicable.
4. Hazardous and Diseased Trees and Palms. Hazardous and diseased trees and palms may be removed under the supervision of an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect. The Director of Planning and Zoning or designee shall be notified by the arborist or landscape architect with a condition assessment report and photos prior to removal. Comparable replacement of such trees and palms shall be provided on a tree- for-tree or palm-for-palm basis, as applicable, unless waived by the Director of Planning and Zoning or designee.
5. Removal of Invasive Species. Removal of invasive species, as defined in Part III, Chapter 4, Article I shall be approved with a Landscape Permit and replacements of such removal are not required. If the invasive species were previously approved as part of or contribution to a landscape plan, or otherwise to comply with the standards of Part III, Chapter 4, Article II removal of such species shall be replaced on a one-for-one basis.
6. Review Criteria. A permit shall comply with the following:
a. Consistency with characters and materials of the approved master plan or site plan;
b. Requirements of the zoning district regulations of Chapter 3, Article III;
c. Environmental Protection Standards set forth in Chapter 4, Article I; and
d. Landscape Design and Buffering Standards set forth in Chapter 4, Article II.
7. Submittal Requirements. See Chapter 2, Article II, Section 1.D for the submittal requirements of this application.
8. Approval. The Director of Planning and Zoning or designee shall review a complete application, including submittals, and take action based on the review criteria set forth in this subsection. A Landscape Permit shall be approved upon finding that all applicable standards defined in the Land Development Regulations are met. A Landscape Permit shall be approved after issuance of a Building Permit associated with the site plan and corresponding landscape plan, if applicable.
9. Expiration. Approval of a Landscape Permit is valid for a period not to exceed six (6) months from the date of issuance. If the scope of work covered by this permit is not commenced within this time period, the permit shall expire and be automatically cancelled.
10. Time Extension. An extension of the permit for a period not to exceed ninety (90) days may be requested in writing by the applicant if received by the Division prior to the permit expiration.
(Ord. 10-025, passed 12-7-10; Am. Ord. 23-014, § 2, passed 8-1-23)