A. 1. Development Order Types
A Development Order is the document and process used by the City of Mexico Beach for the property owner to define and illustrate the development planned, for the City to assure proper administration review and conformance to the City of Mexico Beach Land Development Code, and to support the authorization to proceed and the issuance of any building permits that may be required by the Mexico Beach Building Department. The five (5) types of Development Orders (DO’s) and the manner in which they are processed are:
a. BASIC DEVELOPMENT ORDER: Basic Development Orders cover improvements and activities on private property which are processed and approved by the City Administrator or their designee. Basic Development Orders are issued as a permit with the fee set for the particular activity requested. Developments identified may also require a building permit from the Mexico Beach Building Department at additional cost. Activities covered by Basic Development Orders include:
(1) Requests for removal of trees
(2) Installation or construction of fences
(3) Driveway installation or modification which does not require access to U.S. Highway 98
(4) Installation or construction of decks and storage sheds.
b. MINOR RESIDENTIAL DEVELOPMENT ORDER: Minor Residential Development Orders are processed and approved by the City Administrator or their designee. Minor Residential Development Orders cover the types of development described in the following examples and must conform to the specific requirements of the LDC for the type of development approved:
(1) Maintenance and repair of an existing building or structure without change to the gross floor area of the building, its use, or the amount of impervious surface area at the site and the cost for such activity is less than fifty percent (50%) of the current tax roll value for the existing structure.
(2) Installation or construction of accessory buildings or swimming pools.
(3) Any action or construction on a non-conforming structure which requires a building permit be issued.
c. MAJOR RESIDENTIAL DEVELOPMENT ORDER: Major Residential Development Orders are processed and approved by the Mexico Beach Building Department. The types of developments covered by a Major Residential Development Order are listed below, and must conform to the specific requirements of the LDC for the type of development approved:
(1) New residential home construction
(2) Additions to a building or structure which do not increase the heated, ventilated, or air conditioned area but may or may not increase the foot print of the building or structure such as a garage under a stilt house or a garage attached to a home
(3) Developments which increase the heated, ventilated, and air conditioned floor area within a building or structure
(4) The upgrade, renovation, major repair, or modernization of a structure if the cost of such upgrade or improvements exceed fifty percent (50%) of the current tax roll value for the existing structure.
d. CANAL DEVELOPMENT ORDER: Any construction activity along the canal, of the types described below, but not meeting the criteria for a Major Commercial Development Order, processed and approved by the Mexico Beach Building Department:
(1) Installation or construction of Seawalls
(2) Installation or construction of Docks
(3) Installation or construction of Boat Houses and/or Boat Lifts
(4) Any other construction in, on, or around the canal which places any object in the water.
e. MINOR COMMERCIAL DEVELOPMENT ORDER: Minor Commercial Development Orders which deal with those activities listed below are processed and approved by the City Administrator or their designee. Minor Commercial Development Orders require full conformity with the requirements of the Land Development Code for the particular activity involved. Typical activities covered by a Minor Commercial Development Order includes:
(1) Installation, construction, or modification of signs.
(2) Installation, construction, or modification of fences.
(3) Upgrade, renovation, repair, or modification of existing facilities within the existing footprint
f. MAJOR COMMERCIAL DEVELOPMENT ORDER: Major Commercial Development Orders are initially processed by the Mexico Beach Building Department, referred to the Planning and Zoning Board for a compliance evaluation and recommendation, and then passed to the City Council for final action. City Council approval is necessary to obtain a City of Mexico Beach building permit. Issuance of a Major Commercial Development Order requires that all aspects of the property involved are brought into full compliance with the requirements of the Land Development Code for the category of land use involved. Typical activities covered by a Major Commercial Development Order include:
(1) Installation, construction, or modification of decks, patios, or accessory buildings
(2) Upgrade, renovation, repair, or modification of existing facilities outside the existing footprint
(3) Construction of any new facilities of any kind
(4) Installation, construction, or modification of parking facilities
(5) Change of land use of commercially zoned property that is currently used for residential purposes to commercial use
(6) A change in use to another use allowed in the same Zoning District where additional parking or other changes to the exterior of the building are required.
2. Approving Authority
a. The City Administrator is hereby granted the authority to approve all development orders, except Major Commercial Development Orders.
b. The Planning and Zoning Board shall make recommendations to the City Council for either approval or denial of Major Commercial Development Orders with final approval being the sole responsibility of the Mexico Beach City Council.
c. The City Administrator will assist all applicants with the preparation of Development Order applications, customer understanding of the Land Development Code requirements for the particular development involved, and the procedures to follow to expedite the handling of the customer’s Development Order. The City Administrator shall process and approve promptly all applications which comply with the requirements identified for the categories they are authorized to approve. Major Residential and Minor Commercial Development Orders which are complete and conform to the requirements of the Land Development Codes should be processed and approved as soon as possible.
d. Development Orders which require Planning and Zoning Board action and City Council approval will be handled as quickly as possible, pursuant to the process defined in Section C.1., below.
3. Violation. Any person or persons developing land in violation of this ordinance is guilty of a misdemeanor of the second degree, punishable as provided by State Statutes.
4. Temporary Streamlined Procedures for Review of Certain Major Commercial Development Order
Notwithstanding the requirements of Section 7.02.02 of this Code, applications for Major Commercial Development Orders submitted before October 26, 2023 that meet the requirements of this paragraph may be reviewed and approved at the staff level and will not require review by the Planning and Zoning Board and the City Council. The following requirement must be met:
a. The project must involve reconstructing or repairing a commercial structure destroyed or damaged by Hurricane Michael;
b. The use of the property will not change, as determined with the standards provided by Section 2.02.05;
c. The proposed structure must fit within the footprint of the structure that existed prior to Hurricane Michael;
d. The design proposed must be substantially similar to the improvements and structures that existed prior to Hurricane Michael, except that staff may approve exterior aesthetic enhancements, interior modifications, reductions in square footage, and modifications needed to comply with Florida Building Code, setbacks, floodplain requirements, and similar rules; and
e. The application and proposal meet all other requirements of this Code, will not require a variance, and will not result in a non-conforming use.
Any proposal that does not meet these requirements shall be referred to the Planning and Zoning Board and City Council and follow the standard review procedures for Major Commercial Development Orders.
B. The developer shall file a completed application and development plan(s) as a prerequisite to obtaining development review.
C. Within five (5) working days of receipt of an application and development plan(s), the City Administrator shall:
1. Determine whether the submittals are incomplete and inform the developer in writing as to any deficiencies; or
2. Determine whether the submittals are complete and proceed with the following procedures.
D. Once the application has been deemed complete by the City Administrator or designee, the City Administrator shall:
1. For Basic, Minor Residential, Major Residential, and Minor Commercial Development orders, determine if the application meets the requirements of the land development code, including:
a. Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.
b. Whether the concurrency requirements of Section 7.06.00 could be met if the development were built.
c. The nature of the proposed development, including land use types and densities; the placement of proposed buildings, and other improvements on the site; the location of all proposed signs; the location, type and method of maintenance of open space and public use areas; the preservation of trees and other natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and, types of water and sewage treatment systems.
d. Conformity of the proposed development with the Comprehensive Plan, this Code, and other applicable regulations.
e. Other applicable factors and criteria prescribed by the Comprehensive Plan, this Code, or other law.
2. For Major Commercial Development Orders, the proposal shall be placed on the agenda of the next meeting of the Planning and Zoning Board which allows sufficient public notice for providing an opportunity for affected persons or interested persons to provide comments on the proposed development.
E. The Planning and Zoning Board shall conduct an administrative hearing for the purpose of reviewing the development proposal and shall consider:
1. Characteristics of the site and surrounding area, including important natural and man-made features, the size and accessibility of the site, and surrounding land uses.
2. Whether the concurrency requirements of Section 7.06.00 could be met if the development were built.
3. The nature of the proposed development, including land use types and densities; the placement of proposed buildings, and other improvements on the site; the location of all proposed signs; the location, type and method of maintenance of open space and public use areas; the preservation of trees and other natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and, types of water and sewage treatment systems.
4. Conformity of the proposed development with the Comprehensive Plan, this Code, and other applicable regulations.
5. Concerns of surrounding landowners and other affected persons or interested persons.
6. Other applicable factors and criteria prescribed by the Comprehensive Plan, this Code, or other law.
F. Within five (5) days of the completion of the administrative hearing that has allowed sufficient review of the proposal, the Planning and Zoning Board shall submit recommendations to the City Council proposing that:
1. The proposed development receive a development order complying with Section 7.02.03 below; or,
2. The proposed development be denied a development order based on the failure of the development to comply with one (1) or more of the conditions imposed by this Code.
G. The City Council shall conduct an administrative hearing for the purpose of reviewing the development proposal and shall consider the Planning and Zoning Board recommendations in conjunction with criteria outlined in paragraphs E.1. – E.6. above.
H. The applicant may agree to modify their application, including the plans and specifications, in response to comments or recommendations by City Council members. Unless such modifications are so substantial or extensive that the City Council cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the City Council may approve the application with the stipulation that the development order will not be issued until plans reflecting the agreed upon changes are submitted.
I. Within five (5) days of the completion of the administrative hearing that has allowed sufficient review of the proposal, the City Council shall order the City Administrator to:
1. Issue a development order complying with Section 7.02.03 below; or,
2. Deny a development order based on the failure of the development to comply with one (1) or more of the conditions imposed by this Code.
(Ord. 711, passed 2-5-2019; Am. Ord. 736, passed 11-12-2019; Am. Ord. 739, passed 10-14- 2019; Am. Ord. 775, passed 10-26-2021)