1. Unless expressly stated otherwise in this Code, applications for a development permit reviewed under this Code shall be submitted by:
a. The owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed; or
b. A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by such owner, contract purchaser, or other person.
2. If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.
The Development Services Director is authorized to and shall establish in an administrative manual the requirements for the content and form of applications for each type of application for a development permit reviewed under this Code. The Development Services Director may amend and update these requirements as determined necessary to ensure effective and efficient city review under this Code. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance of the proposed application for a development permit with applicable standards.
The City Commission shall establish application fees as part of the Appendix to this Code, and may amend and update those fees as determined necessary.
D. Submittal and Review Schedule
The Development Services Director is authorized to and shall establish in an administrative manual the submittal and review schedule (including time frames for review) for applications for a development permit reviewed under this Code. The Development Services Director may amend and update these requirements as determined necessary to ensure effective and efficient review under this Code.
E. Application Submittal
Applications for a development permit reviewed under this Code shall be submitted to the Development Services Director in the form established by the Development Services Director (Section 155.2303.B, Application Contents), along with a fee established in accordance with Section 155.2303.C, Application Fees.
F. Determination of Application Completeness
1. Completeness Review
On receiving an application for a development permit reviewed under this Code, the Development Services Director shall, within 30 calendar days, determine whether the application is complete or incomplete. A complete application is one that:
a. Contains all information and materials established by the Development Services Director as required for submittal of the particular type of application;
b. Is in the form established by the Development Services Director as required for submittal of the particular type of application;
c. Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate review standards of this Code; and
d. Is accompanied by the fee established for the particular type of application.
2. Application Incomplete
a. On determining that the application is incomplete, the Development Services Director shall notify the applicant of the deficiencies within the specified completeness review period. The applicant may correct the deficiencies and resubmit the application for completeness determination.
b. If the applicant fails to resubmit an application within 30 calendar days after being first notified of deficiencies, the application shall be considered withdrawn. A non-refundable $100 administration fee will be applied to withdrawn applications, but all other fees will be refunded.
c. The Development Services Director shall not process an application for further review until it is determined to be complete.
3. Application Complete
On determining that the application is complete, the Development Services Director shall accept the application for review in accordance with the procedures and standards of this Code. The time frame and cycle for review of the application shall be based on the date the application is determined to be complete.
a. Per F.S. § 166.033, within 120 days after the municipality has deemed the application complete, or 180 days for applications that require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the municipality's decision.
G. Application Revision
1. An applicant may revise the application after receiving initial staff review comments on the application or on requesting and receiving permission from a review or decision-making body after that body has reviewed but not yet taken action on the application. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by the staff or the review or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the plan for development proposed in the application.
2. Any other revisions to the application may be submitted at any time during the review procedure, but the revised application shall be submitted and reviewed as if a new application, and may be subject to additional application fees to defray the additional costs of processing the revised application.
3. All revised applications shall be submitted to the Development Services Director.
H. Application Withdrawal
1. An applicant may withdraw an application for a development permit reviewed under this Code at any time by submitting a letter of withdrawal to the Development Services Director.
2. Applications withdrawn after required notice of any public hearing scheduled for the application shall be subject to limitations on the subsequent submittal of similar applications (See Section 155.2308.D, Limitation on Subsequent Similar Applications.). Application fees shall not be refunded for withdrawn applications.
I. Application Denial
On determining that the application is denied, the Development Services Director will provide written communication with findings supporting the denial. A project with an incomplete submittal will not be placed on the agenda of the decision-making body for board review.
1. If the applicant does not apply to the decision-making body within the submittal deadline period for the decision-making authority, the application will be automatically denied at the 120 or 180 day deadline. Written communication will be sent to the applicant notifying them of the date of denial. Prior to the 120 or 180 day expiration, both parties may agree to a reasonable request for an extension of time in accordance with the procedures above. If denied, the applicant will have the option to request a waiver of time limitations and submit a new application in accordance with the procedures in § 155.2308.D, Limitation on Subsequent Similar Applications.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2020-47, passed 3-10-20)