Division 2. Application And Approval Requirements And Procedures, Article II. Administration And Procedures, Chapter 23. Zoning, Land Use And Development Regulation, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Code of Ordinances

Chapter 23. Zoning, Land Use And Development Regulation

Article II. Administration And Procedures

Division 2. Application And Approval Requirements And Procedures

§ 23-211. In general.

Effective: Tuesday, July 7, 2015

The permits and approvals specified in this division are required for development of any land within the city. Permits may be applied for at the office of the administrative official on forms supplied by that office. Deadlines and information required with applications shall be set forth in a procedures manual maintained by the administrative official. The administrative official may request additional information, including a survey, if such information is necessary for the processing of the application. Incomplete applications shall not be scheduled for review until all required information is submitted in a timely manner by the applicant. Table 23-211 below summarizes approvals that are required for various types of applications. Application fees are set forth in section 23-242. All applications for development approval or changes of use are subject to the concurrency requirements set forth in Article VII, Division 1 (section 23-701 et seq.).

TABLE 23-211

LAND USE APPLICATIONS—REVIEW, APPROVAL
& PUBLIC HEARING REQUIREMENTS

CODE SECTION AND TYPE OF APPLICATION	REVIEW & APPROVAL PROCESS
CODE SECTION AND TYPE OF APPLICATION	ADMINISTRATIVE	PLANNING BOARD	CITY COMMISSION
23-212 Verification of Zoning Compliance	A
23-213 Certificate of Use	A
23-214 Tree Removal Permit	A
23-215 Land Alteration Permit	A
23-216 Special Exception Use Permit	R	A - PH
23-217 Site Development Permit	A
23-218 Zoning Map Amendment	R	R - PH	A - PH ORD
23-219 Comprehensive Plan Amendment	R	R - PH	A - PH ORD
23-220 Annexation	R		A - PH ORD
23-221 Vacation of Easement	R		A - RES
23-221 Vacation of Right-of-Way	R		A - PH ORD
23-222 Site Plan—Minor	A
23-222 Site Plan—Major	R	A
23-223 Subdivision Plat—Preliminary	R	R	A
23-223 Subdivision Plat—Final	R		A
23-223 Vacation of Plat	R	R	A - PH
23-224 Planned Dev Project—Preliminary	R	R - PH	A - PH
23-224 Planned Dev Project—Final survey	A
23-225 Development of Regional Impact		R-PH	A - PH

A = Approval Required

R = Review and Recommend
PH = Public Hearing Required

ORD = Ordinance Required

RES = Resolution Required

(Ord. No. 2007-14, § 1, 6-5-07; Ord. No. 2015-04, § 2, 7-7-15)

§ 23-212. Verification of zoning compliance.

Latest version.

Sec. 212.1 Applicability. Compliance with zoning district requirements and other provisions of this chapter must be verified by the administrative official prior to:

a. The processing of any application for a building permit for the construction or alteration of any structure, including temporary structures and accessory structures such as sheds, swimming pools, signs (unless specifically exempted in article V), fences and parking areas, except for recurring maintenance, regardless of cost. Verification of zoning compliance under this section is required for applications for single-family or two-family houses and other developments exempt from the site plan requirements of section 23-222

b. Approval of applications for alcoholic beverage licenses.

c. A written zoning determination.

Sec. 212.2 Application and review.

a. Application for a building permit for the construction or alteration of any structure, including accessory structures and signs, shall be accompanied by a survey of the property showing the location and dimensions of the structure and other improvements on the site. For new buildings and additions, the survey shall show the proposed finished floor elevation and a statement of proposed uses of the property. A fee for zoning verification shall be required as set forth in section 23-242. The administrative official shall verify compliance with all provisions of this chapter and any conditions of approval applicable to the property.

Zoning compliance shall be determined within ten (10) business days of the receipt of a complete application. Application for a sign in the downtown historic district must include a certificate of appropriateness (see section 23-227). In the case of a finding of non-compliance, the administrative official shall provide the applicant with a written statement of the reasons for the finding of non-compliance with specific reference to the provisions of these land development regulations.

For improvements requiring a building permit, verification of zoning compliance shall be determined prior to the processing of the building permit.

b. The zoning compliance forms of an application for an alcoholic beverage license shall be signed by the administrative official only after verification of zoning compliance and receipt of the application fee as set forth in section 23-242

c. A request for written zoning determination must be submitted in writing to the administrative official and must be accompanied by the fee for a written zoning determination as set forth in section 23-242. The request shall include a valid address and/or the property identification number from the county property appraiser and shall clearly state the information requested.

(Ord. No. 2013-05, § 1, 6-18-13)

§ 23-213. Certificate of use.

Latest version.

a. A certificate of use issued by the administrative official is required before a newly erected or altered structure, including parking areas, is occupied or used. A survey showing the finished floor elevations and locations of all structures on the lot is required. The administrative official shall issue a certificate of use when work is substantially complete and in accordance with the approved plans and with the provisions of these land development regulations.

b. A certificate of use is required prior to the occupancy or use of a structure when the type of use is changed even though no structure was erected or altered. A change from one use classification to another as listed on Table 23-421 "Permitted Uses and Special Exception Uses in Standard Zoning Districts" shall constitute a change of use. The administrative official shall issue a certificate of use if all the provisions of these land development regulations and other applicable ordinances are complied with, including:

1. Requirements for site plan approval per section 23-222

2. Concurrency requirements of article VII, div. 1 of this chapter for assessment of impacts upon roadways, sewer and water facilities, drainage or recreation facilities;

3. Review by the development review committee for compliance with building and fire codes;

4. Assessment of impact fees, if applicable, per article VII, div. 4.

c. A certificate of use is required for the addition of certain accessory uses as stated in article V, accessory uses and structures.

d. For new buildings, a survey of the property showing the location of all structures on the lot and the finished elevations of principal buildings shall be submitted prior to the issuance of a certificate of use. For multi-family and non-residential projects, a master survey may be updated upon the completion of each building or unit, as applicable.

§ 23-214. Tree relocation or removal permit.

Latest version.

a. Applicability. A permit pursuant to this section is required prior to the removal or relocation of any tree meeting the definition of a tree unless specifically exempted.

A tree is defined for the purposes of this section as a woody, self-supporting plant, having a mainstem or cluster of mainstems and having a diameter at four and one-half (4½) feet above the ground of four (4) inches; a tree is further defined as a plant which at maturity grows to at least fifteen (15) feet high in the Polk County area. Also specifically included are significant stands of oak trees defined as a group of four (4) or more oak trees which may have trunk diameters of less than four inches but which constitute a compact unit or grove covering 50 square feet or more in area.

b. Exclusions and exemptions. Specifically excluded and exempted from permit requirements are removal of individual citrus trees; however, this exemption is not applicable to massive clearing of trees which will require a land alteration permit. Trees exempt from the tree removal permit requirement include, but are not limited to, the following:

Broussonetia-papyrifera (Paper mulberry)

Castor Bean

Catlainmonosa

Chinese Tallow

Casuarinaceae (Australian pine)

Cupaniopsos-anacardioides (Carrotwood)

Enterolobium cyclocarpum (Ear tree)

Indian Rosewood

Melaleuca leveadenra (Punk tree)

Melia azedarach (Chinaberry tree)

Schinus terebinthinfolius (Brazilian pepper)

Serrenoa repens (Scrub palmetto)

Also exempted are trees destroyed or harmed by storm, provided the administrative official is notified at least two (2) days in advance of the removal so that an inspection can be made. If the administrative official or designee determines that the tree is not severely harmed, the tree shall not be removed except through the approval of a tree removal permit application. If the administrative official or designee does not respond within two (2) working days of the request, the request shall be considered approved. The two-day notification period is waived in instances where a damaged tree must be removed in order to make emergency repairs authorized by the building official.

c. Dead trees. Dead trees are exempt from the permit requirements of this section, provided the administrative official is notified at least two (2) days prior to its removal. The administrative official may require removal of a dead tree.

d. Tree trimming. Tree trimming for normal maintenance purposes does not require a permit; however, tree trimming which threatens the life of the tree or deforms the natural canopy is prohibited. Each occurrence will be deemed a tree removal and will require tree replacement in accordance with section 23-302.2.

e. Information required for application. The application shall indicate the type and circumference of the tree or trees proposed for removal, if known, and the reason for a requested removal. Trees to be removed for land development shall be shown on the site plan submitted with the application for certificate of zoning compliance and the tree removal application shall be part of the certificate of zoning compliance application. A tree survey showing the location, type and size of all trees as defined in paragraph (a) above may be required by the administrative official.

f. Issuance of permit. A tree removal permit application shall be approved or denied in accordance with the provisions of section 23-302.2.

§ 23-215. Land alteration permit.

Latest version.

Sec. 215.1 Applicability. A land alteration permit is required prior to undertaking activities listed below unless the activity is specifically authorized under a site development permit pursuant to section 23-217 or the site is a single-family lot. A land alteration permit is intended for authorizing site work not related to imminent development of the land. It may be used to prepare land for agricultural use, improve the appearance or conditions of a property or to prepare land for sale or for future development. For site work in preparation for development, a site development permit is required, pursuant to section 23-217, following the approval of a preliminary site plan, subdivision, or planned development project plan. The removal of trees requiring a tree removal permit pursuant to section 23-214 may be authorized under a land alteration permit if warranted under the provisions of that section; however, it is the intent of this chapter that the removal of trees from a site, other than a single-family lot, to be developed in future be undertaken consistent with an approved preliminary plan (site plan, subdivision, or planned development project) and site development permit pursuant to section 23-217.

a. Massive clearing of vegetation, including clearing or grubbing of more than five thousand (5,000) square feet of land, but not including mowing and cutting of brush for maintenance.

b. Excavation or filling, defined as the removal or placement of more than one hundred (100) cubic yards of earth or the alteration of the elevation of more than one thousand two hundred fifty (1,250) square feet of land area more than two (2) feet. The application shall be accompanied by a site plan, drawn to scale, showing the location and area to be affected and by drawings showing cross-section of areas proposed for filling or excavation. Additional information such as elevation and drainage data and tree survey may be required by the administrative official if necessary to adequately predict the consequences of the proposal. (See section 23-302).

Sec. 23-215.2 Application. Application shall be made on forms supplied by the administrative official and shall be accompanied by the fee as set forth in section 23-242.

Sec. 23-215.3 Permit. The administrative official and the director of public works, as applicable, shall review and act upon land alteration permit applications in accordance with section 23-215 and article III, division 1, as applicable.

§ 23-216. Special exception use permit.

Effective: Tuesday, July 7, 2015

Sec. 23-216.1 Requirement.

a. A special exception use permit is required for certain land uses as indicated in Table 23-421

b. Expansion of a special exception use will require a new special exception permit, if:

1. The expansion is equal to twenty (20) percent or more of the approved use or structure; or

2. The expansion exceeds the limits or conditions set forth in the original special exception approval; or

3. The expansion is the addition of an accessory use.

Sec. 23-216.2 Application.

a. If a special exception permit is required, application shall be made on forms supplied by the administrative official, accompanied by information sufficient for review, including at a minimum, a site plan meeting the requirement of section 23-222, information as required by the administrative official, the application fee per section 23-242 and reimbursement for costs of public notice.

b. An application for a special exception use permit shall also be considered an application for site plan approval. The site plan shall be reviewed per the procedures and requirements of section 23-222 concurrently with the special exception use permit.

c. The number of site plans and other information required will be set forth in the procedures manual maintained by the administrative official. Any application for construction, certificate of zoning compliance, or certificate of use shall be pending until action of the special exception permit application is complete.

Sec. 23-216.3 Public notice. Public notice shall be given by the administrative official as per section 23-241.

Sec. 23-216.4 Approval/denial. Following a public hearing, the planning board shall approve, approve with stipulations, or deny the application with specific reference to criteria in section 23-433. Appeal of the decision of the planning board may be made by the applicant pursuant to section 23-244.

Sec. 23-216.5 Compliance. The application and accompanying material, as well as any stipulations made as conditions of approval shall be enforced by the administrative official and shall be conditions of issuing the certificate of zoning compliance and certificate of use.

Sec. 23-216.6 Expiration regulations

a. A special exception use permit shall expire one (1) year after approval if the approved use has not been established, unless an extension of time is granted by the planning board prior to the end of the one-year period.

b. Whenever an approved special exception use has been discontinued for a period of one (1) year, no such use may be reestablished on those premises unless a time extension is granted by the planning board prior to the end of the one-year period. Expiration of the one-year period without the granting of a time extension, shall require application, review and approval in accordance with section 23-216 to resume the special exception use.

(Ord. No. 2015-04, § 3, 7-7-15)

§ 23-217. Site development permit.

Effective: Wednesday, December 2, 2020

Sec. 23-217.1 Applicability. A site development permit is required prior to any site clearing or grading and is required prior to the commencement of construction of any site improvements, including public or private infrastructure, such as roadways and utilities. A site development permit is required also prior to the application for any building permits for structures proposed on the site. Site clearing and grading not related to imminent development of a parcel of land may be granted a land alteration permit pursuant to section 23-215 in lieu of a site development permit.

Sec. 217.2 Eligibility. Application for a site development permit will be accepted by the administrative official only following approval of a preliminary plan of the development as a preliminary subdivision plat, preliminary Planned Development Project plan, or preliminary site plan, as applicable under the requirements of this ordinance.

Sec. 217.3 Application package. Contents of a complete application package for a site development permit are set forth below. The number of copies of application forms and plans, deadlines, and required supplementary information are set forth in a procedures manual maintained by the administrative official. All items listed shall be required prior to the processing of an application except as noted below.

a. Completed application on forms provided by the administrative official.

b. Itemized estimate of site development construction costs. An itemized estimate of site development construction costs, excluding the cost of buildings must be submitted for review for determining the site development permit fee. All estimates shall be prepared and signed by a registered professional engineer and verified by the building official.

1. A preliminary estimate verified by the building official shall be submitted with any application for site development permit.

2. No later than ten (10) days prior to the pre-construction meeting, a final estimate shall be submitted for determining the final site development permit fee.

c. Construction time line showing any phasing of improvements.

d. Application, review, and inspection fee. A fee as set forth in section 23-242 for review and inspections. Site development permit applications submitted prior to June 1, 2009 shall be considered dormant if the site development permit is not issued by June 1, 2010 unless an application fee is paid per the fee schedule in effect at that time.

e. Site development construction plans prepared by a registered professional engineer. Plans shall correspond to the preliminary plan or for the development as approved by the city and shall reflect any applicable conditions of the city's approval. Plans shall include any off-site improvements required as a condition of approval or agreed to by the applicant. Construction plans shall include detailed engineering drawings for the following, as applicable:

1. Water system. Water system plans shall be prepared in accordance with section 21-4 and utility standards promulgated by the director of public works.

2. Sanitary sewer system. Sanitary sewer system plans shall be prepared in accordance with section 21-4 and utility standards promulgated by the director of public works.

3. Reclaimed water system. If a reclaimed water system is proposed or required under section 21-124 of this Code, reclaimed water system plans shall be prepared in accordance with the requirements of section 21-128 and utility standards promulgated by the director of public works.

4. Storm water drainage facilities.

5. Public street improvements/details.

6. Sidewalks, bicycle paths, and pedestrian trails.

7. Grading plans. Grading plans shall indicate existing topography and illustrate all proposed changes.

8. Topography. Contour intervals of one (1) foot, except where determined to be unreasonable by the city engineer, and flood zone boundaries. All elevations shall be referenced to United States Geological Survey datum.

9. Soil classification.

10. Lot grading plan. Detailed grading plans, including pad elevations and spot elevation of lot corner and midpoint of side lot lines.

11. Erosion control plan.

12. Paving and pavement markings for paved areas including roadways and parking areas.

13. Landscaping plans with plant locations, specifications and irrigation system notations (meter size and number of zones); Unless waived by the administrative official, a tree survey by a professional forester or arborist providing the following:

Map and data base indicating the location, type, caliper, and condition of all trees on site meeting the definition of a tree in section 23-214,

An analysis in a format provided by the administrative official indicating all trees to be retained or removed,

The number of trees required to meet the replacement requirements of section 23-302, and

A plan to protect retained trees during construction (see section 23-302.3).

14. Site lighting plan, showing locations and photometrics.

Plans for any structures requiring building permits, exclusive of buildings, such as free-standing signs, fences and walls, and dumpster pads and enclosures.

f. Utility agreements. Draft utility agreements (if applicable) in formats provided by the administrative official:

1. Utility Agreement (if required by utilities director): setting forth requirements and responsibilities of the applicant and the city in regard to infrastructure, both on-site and off-site. The agreement shall specify agreements, if applicable, for any impact fee credits or pioneering payments to be made to the applicant for improvements to be used by other developments.

2. Utility Capacity Agreement (required for residential developments per section 23-731.2.f.): establishing reservations of capacity in the wastewater and potable water systems and setting forth a schedule for development and payment of utility impact fees as required in section 23-731

g. Permits from other agencies as applicable. If such permits have not been issued at the time of application for a site development permit, copies of all required permits should be submitted prior to the issuance of the site development permit. Required permits may include:

Southwest Florida Water Management District (SWFWMD) permit;

National Pollution Discharge Elimination Permit (NPDES);

Department of Environmental Protection (DEP) sewer construction permit;

Department of Transportation (FDOT) access permit, if applicable,

Polk County Health Department water construction permit.

(Ord. No. 2007-14, § 1, 6-5-07; Ord. No. 2008-45, § 1, 12-16-08; Ord. No. 2009-15, §§ 1—4, 6-2-09; Ord. No. 2018-07, § 1, 09-19-18)

Sec. 217.4 Review and permitting. Review of the application package shall be conducted by the development review committee and coordinated by the administrative official.

a. The administrative official shall review the application for completeness within seven (7) business days of receipt. An incomplete application will be accepted for commencement of review provided the applicant submits a list of items to be provided at a later date and that ½ the permit fee is paid per Table 242. Applications not meeting these minimum requirements shall be rejected and the applicant shall be notified. In no case shall a site development permit be issued prior to the review of all required information.

b. After initial review for completeness, the application package will be forwarded to the development review committee members for detailed review against the preliminary plans as approved by the city. The review shall verify compliance with detailed city standards and specifications for construction of facilities, erosion control, tree protection, currently accepted engineering practices, provisions of all city codes, and requirements of permits from other(Outside City)agencies. At the end of a 14-day review period, comments will be summarized and sent to the applicant. Submission of additional information or revised plans shall trigger an additional 14-day review period.

c. A preconstruction conference is required unless specifically waived by the administrative official. Following the conference and upon a finding that the plans meet all applicable requirements, including concurrency requirements of Article VII of this chapter, the administrative official shall issue a site development permit, provided the review fee has been paid.

(Ord. No. 2007-14, § 1, 6-5-07; Ord. No. 2020-30, § 1, 12-02-20)

Sec. 217.5 Construction of site improvements. Prior to the issuance of a construction permit for site improvements, a preconstruction conference with city staff is required. Upon issuance of a site development construction permit, construction of on-site and off-site improvements may commence, subject to any conditions of the permit. Inspections by the city shall be required to verify construction in compliance with the approved plans and city standards.

a. Final plan. Prior to final approval of site improvements by the city, the development review committee may require a final site plan or final planned development project plan for residential developments other than subdivisions pursuant to section 23-222 or 23-224, as applicable.

b. As-built drawings. For all improvements to be dedicated to the City of Lake Wales, one (1) set of as built drawings shall be submitted along with itemized documents showing construction costs of improvements to be dedicated. All cost documents shall be signed and sealed where appropriate. This requirement shall also apply to all off-site improvements constructed by the developer on behalf of the city in accordance with the terms of an approved development agreement for which impact fee or other credits are to be granted to the applicant. Dedication of public facilities must be accepted by resolution of the city commission in accordance with section 23-226

c. Building permits.

1. Residential subdivisions.

Site improvements must be completed, inspected and approved by the city in accordance with conditions of the site development permit and phasing plan, if applicable, a minimum of two (2) weeks prior to the city commission meeting at which the final plat is scheduled for review.

No building permit shall be issued for units within a single-family residential subdivision prior to final plat recording except that permits for model houses, consistent with provisions of the procedures manual maintained by the administrative official and provided that there is adequate roadway access and water supply to the site. For the purposes of this section, "single-family" shall not include attached units such as townhouses, provided that the builder agrees that no certificate of occupancy for a unit is issued until the plat is recorded.

Building permits for structures (such as walls) and common buildings may be issued prior to the completion of site improvements.

2. Other developments.

Site improvements must be completed, inspected, and approved by the city prior to the issuance of a certificate of use pursuant to section 23-213.

Building permits for construction of buildings in non-residential and residential developments that are not subdivisions may be issued prior to the completion of site improvements only if consistent with a phasing plan approved by the development review committee.

(Ord. No. 2006-24, § 2, 6-6-2006; Ord. No. 2007-02, § 1, 3-6-07; Ord. No. 2014-08, § 1, 09-03-14)

§ 23-218. Zoning map amendment.

Latest version.

The city may amend the official zoning map by the enactment of an ordinance after two (2) readings and public hearings in accordance with F.S. ch. 166.

Sec. 23-218.1 Eligibility.

a. An amendment to the official zoning map may be requested by a property owner or may be initiated by the administrative official, planning board, or the city commission. For a group of property owners to qualify as an applicant, at least fifty-one (51) percent of the property owners of the area proposed for change must make the request. For the creation of a new historic district or for changes to an existing historic district, notarized affidavits requesting the amendment are required from the owners of at least fifty-one (51) percent of the properties in the proposed district or in the area to be added, as applicable.

b. Whenever a zoning map amendment application has been denied by action of the city commission, no re-application for the same property which is substantially similar to or equivalent to that application previously denied shall be filed with the city, considered by the planning board or submitted to the city commission unless a period of six (6) months has elapsed between the date of the original denial of the application and the subsequent re-filing.

(Ord. No. 2008-11, § 2, 5-20-08)

Sec. 23-218.2 Application. An amendment of the zoning map may be requested by filing a completed application with the administrative official and additional information as required by the procedures manual maintained by the administrative official, including, at minimum the following:

a. The application fee and reimbursement of the cost of public notice as set forth in section 23-242

b. Legal description(s) of the subject property, including street addresses;

c. Typewritten petition, if application is made by more than one (1) property owner, signed by fifty-one (51) percent or more of the property owners of the area proposed for the amendment, along with the names and addresses of all petitioners, a letter stating the reason for the request, and a plan of the applicant area showing surrounding streets and property owners.

d. Other information as required by the administrative official.

Sec. 23-218.3 Public notice. Public notice shall be given by the administrative official as per section 23-241.

Sec. 23-218.4 Planning board recommendation. A recommendation of the planning board shall be required prior to any amendment to the zoning map. The planning board shall review the proposed amendment and, following a public hearing, make a written recommendation to the city commission. The recommendation shall be approval of the requested zoning designation, approval of a change to a zoning designation deemed more appropriate than the one applied for, or denial of any zoning change. The recommendation may also include a change in the boundaries of the applicant area.

The following criteria shall be used to review the proposed amendment.

a. Consistency with the comprehensive plan. All zoning amendments shall be consistent with the comprehensive plan, including the future land use map and future land use element goals, objectives and policies. The zoning designation shall be consistent with the land use designation of the land on the future land use map, but may be more restrictive than that designation.

b. Land use compatibility. The zoning designation shall promote compatibility of adjacent land uses.

c. Adequate public facilities. The requirements of article VII, division 1 Concurrency (section 23-701 et seq.) shall be considered in reviewing the proposed amendment and there shall be reasonable assurance that the demand for services allowed in the proposed zoning district can be met.

d. Public interest. The proposed zoning designation shall not be in conflict with the public interest and will promote the public health, safety and welfare.

e. Consistency with land development regulations. The proposed zoning designation shall be consistent with the purpose and intent of these land development regulations.

f. Historic overlay districts. A proposed historic overlay district shall be consistent with the criteria for establishing such districts, set forth in section 23-652.2 in article VI, Resource Protection Standards, division 5, Historic Preservation.

(Ord. No. 2008-11, § 3, 5-20-08)

Sec. 23-218.5 City commission decision. The city commission shall hold a public hearing on the proposed ordinance after due public notice in accordance with F.S. § 166.041, and the planning board recommendation shall be read into the record. The city commission shall approve the zoning amendment as proposed by the applicant, approve a change to another zoning designation deemed more appropriate than the one applied for, or deny the change. If the recommendation of the planning board is adverse to the proposed change, such change shall not be effective except by the affirmative vote of three-fifths (3/5) of the governing body.

Sec. 23-218.6 Amendment of the zoning map. The administrative official shall revise the official zoning map to reflect any change made by the action of the city commission.

§ 23-219. Comprehensive plan future land use map amendment.

Effective: Wednesday, September 3, 2014

The city may amend the future land use map of the comprehensive plan by ordinance in accordance with F.S. ch. 163. Deadlines, application forms, and required information are set forth in the procedures manual maintained by the administrative official.

Sec. 23-219.1 Amendment cycle.

a. Small scale amendments— Parcels of ten (10) acres or less in area. Amendments for parcels of ten (10) acres or less will be processed throughout the calendar year in accordance with a schedule and procedures developed by the administrative official, and pursuant to s. 163.3187 F.S.

b. Large scale amendments— Parcels in excess of ten (10) acres in area. Amendments for parcels in excess of ten (10) acres in area will be processed throughout the calendar year in accordance with a schedule and procedures developed by the administrative official and pursuant to s. 163.3184 F.S.

Sec. 23-219.2 Application. An amendment to the city's comprehensive plan may be requested by filing a completed application with the administrative official that consists of the following:

a. Completed application form signed by the property owner or authorized agent;

b. The application fee and reimbursement of the cost of public notice as set forth in section 23-242

c. Legal description(s) of the subject property, including street addresses;

d. Typewritten petition, if application is made by more than one (1) property owner, signed by fifty-one (51) percent or more of the property owners of the area proposed for the amendment, along with the names and addresses of all petitioners, a letter stating the reason for the request, and a plan of the applicant area showing surrounding streets and property owners;

e. Other information as required by the administrative official.

Sec. 23-219.3 Criteria for approving comprehensive plan amendments.

a. The character of the area or adjacent land has changed enough to warrant a different land use designation or is required by annexation to incorporate the property into the Future Land Use Element and to designate the property on the future land use map;

b. Consistent with the concurrency requirements of section 23-704, facilities and services are available or can reasonably be expected to become available at adopted level of service standards concurrent with projected development of the site;

c. The site can accommodate the types of uses allowed in the proposed land use category and comply with other development regulations and standards;

d. The proposal meets any other special provisions of the law;

e. The land uses allowed in the proposed land use category are compatible with surrounding development in terms of appropriate buffers, setbacks, development intensity, off-site odor, noise, and visual and traffic impacts;

f. The proposed land use designation is consistent with other elements of the comprehensive plan.

Sec. 23-219.4 Review and action. The proposed change shall be decided by the city commission upon a recommendation of the planning board.

a. Planning board. The planning board shall review the requested amendment using the criteria stated in section 23-219.3 and, following a public hearing, shall make a recommendation to the city commission for approval or denial.

b. City commission. The city commission shall hold public hearing(s) on the proposed ordinance as required below, and the recommendation of the planning board shall be read into the record. The city commission may approve the amendment as requested by the applicant, approve a change to another land use designation deemed more appropriate than the one applied for, or deny the change.

1. Small-scale amendments— Parcels of ten (10) acres or less in area. Small-scale amendments shall require one (1) public hearing and shall be adopted in accordance with the public notice and public hearing requirements provided in F.S. § 166.041, for adoption of ordinances.

2. Large-scale amendments— Parcels in excess of ten (10) acres in area. Large-scale amendments shall require a transmittal public hearing and an adoption public hearing in accordance with the provisions of F.S. ch. 163.

c. Administrative official. The administrative official shall forward proposed and adopted amendments to the future land use map to the Department of Economic Opportunity for review and approval as required by F.S. ch. 163.

Sec. 23-219.5 Amendment of the Future Land Use Map. The administrative official shall change the future land use map to reflect any change made by the action of the city commission.

(Ord. No. 2014-08, § 2, 09-03-14)

§ 23-220. Annexation.

Latest version.

Annexation is the incorporation of land into an existing community with a resulting change in the boundary of that community. The annexation process requires the adoption of an ordinance in accordance with the provisions of F.S. ch. 171.

Sec. 23-220.1 Involuntary annexation. Annexation may be initiated by the City of Lake Wales in accordance with the provisions of F.S. §§ 171.0413—171.043.

Sec. 23-220.2 Voluntary annexation. The owner or owners of real property in an unincorporated area of the county may petition the city commission for the property to be annexed into the municipal limits through provisions set forth in F.S. ch. 171, for voluntary annexation.

a. Application. Application for annexation shall be made on forms supplied by the administrative official and accompanied by the following:

1. Application for annexation and future land use and zoning map amendment;

2. Complete legal description of the applicant property;

3. Application fee and reimbursement of the cost of public notice as set forth in section 23-242

4. Other information as may be required by the administrative official.

b. Review and action.

1. Administrative official. The administrative official shall forward a report to the city commission stating the fiscal impact of the annexation and its anticipated effect on existing levels of service for public facilities.

2. City commission. The city commission shall hold a public hearing on the proposed annexation, and if the city commission decides to annex, the annexation shall be approved by the adoption of an ordinance meeting the requirements of F.S. § 171.044.

c. Comprehensive Plan and Zoning Map Amendments. If the city commission annexes the applicant property, the process shall be initiated to incorporate the property into the future land use element and to designate the property on the future land use map using the procedures in section 23-219. The process shall also be initiated to assign a zoning designation of the property using the procedures in section 23-218. If the area annexed was subject to a county land use plan and county zoning regulations, these designations and regulations shall remain in full force and effect until the city adopts a comprehensive plan amendment that includes the annexed area. It is the desire of the city that amendments of its comprehensive plan and zoning map occur promptly following annexation, but in no case shall these amendments occur later than twelve (12) months following annexation.

Sec. 23-220.3 Amendment of boundary, future land use and zoning maps. Upon passage of annexation, comprehensive plan amendment, and zoning map amendment ordinances, the administrative official shall amend official maps of the city designating the municipal boundary and designating the future land use and zoning classifications assigned to the annexed property.

Sec. 23-220.4 Recording of annexation. The city clerk shall file the adopted annexation ordinance with the department of state, the county property appraiser and other agencies as required by F.S. ch. 171.

§ 23-221. Vacation of public rights-of-way or public easements.

Effective: Tuesday, December 6, 2016

Rights-of-way, easements or other parcels of land dedicated for public purpose may be vacated by the city commission by adoption of an ordinance.

Sec. 23-221.1 Application. Owners of property adjacent to right-of-way or owners of property with public easements may request their vacation by applying on forms provided by and administrative official and submitting the application fee as set forth in section 23-242. The complete legal description of the property shall be included on the application form.

Sec. 23-221.2 Review and approval.

a. City staff. The administrative official and director of public works shall prepare a report to the city commission or planning board, as applicable, stating all known city and non-city uses of such right-of-way, easement or property. The report shall include a diagram showing the location of the right-of-way, easement or property in relation to adjacent properties and shall show the names of all adjacent property owners. The administrative official, the director of public works, or the city commission may request a planning board recommendation on the proposed vacations.

b. Planning board. If a recommendation is requested on a proposed vacation, the planning board shall evaluate any request for vacation of right-of-way or other dedicated property to determine whether vacation would be detrimental to the public health, safety or welfare. The planning board shall make a recommendation to the city commission to approve or deny the request for vacation. In cases where the right-of-way is used only for utilities, the planning board may recommend the vacation provided that an easement is provided for such utilities.

c. City commission.

1. Easement. The city commission may enact a resolution vacating an easement. The city commission may approve the vacation of an easement only with a favorable recommendation from the director of public works. Such approval may be conditioned upon the relocation of the easement and the utilities therein at the applicant's expense.

2. Right-of-way or other dedicated property. The city commission shall determine in light of the planning board's recommendation and public comments whether the vacation is in the public interest. If a positive determination is made, the city commission may enact a resolution vacating the requested right-of-way or property and reverting said right-of-way or property to all adjacent owners in equal portions.

Sec. 23-221.3 Recording of vacation. The city clerk shall correct the records of the clerk of the circuit court as necessary to vacate the right-of-way, easement or other property and revert the vacated right-of-way, easement or property to the appropriate owners.

(Ord. No. 2015-04,§4, 7-7-15;Ord. No. 2016-21,§1, 12-06-16)

§ 23-222. Site plans.

Effective: Tuesday, October 20, 2020

Sec. 23-222.1 Purpose and intent.

a. The public health, safety, comfort, and welfare require the harmonious, orderly, and progressive development of the land within the corporate limits of the City of Lake Wales. Once land has been developed, the correction of defects is costly and difficult. Substantial public responsibility is created by each new development, involving the maintenance of streets and drainage facilities, and the provision of additional public services. As the general welfare, health, safety, and convenience of the community are thereby directly affected by the use of land, it is in the direct interest of the public that developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards.

b. Consideration shall be given in the review of site plan applications to the character of an area and the availability of public facilities to ensure the compatibility and coordination of land uses and facilities within a given geographic unit and to ensure the following:

1. The establishment of standards for site design which will encourage the development of sound and stable areas within the corporate limits of the City of Lake Wales.

2. The adequate and efficient supply of utilities, streets, and services to new land developments.

3. The prevention of haphazard, premature, or scattered land development.

4. The prevention of traffic hazards and congestion from excessive ingress and egress points along major traffic arteries, and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development.

5. Safety from fire and other dangers to promote health and the general welfare.

6. Protection from flooding hazards and to ensure proper water management.

7. The provision of public open spaces in new land developments through the dedication or reservation of land for recreational, educational, and other public purposes.

8. The maintenance of minimum standards for visual, design and aesthetic development of properties in the city.

9. Protection of the natural and scenic resources of the city, including surface waters and groundwater recharge areas.

Sec. 23-222.2 Applicability.

a. The procedures contained in this section are applicable to all projects which involve:

1. the construction of any facility other than a single-family dwelling on an individual lot or major appurtenances thereto (e.g. private swimming pool, yard, fence, newsrack, etc.) or one (1) duplex (two (2) dwelling units) on an individual lot. (See section 23-212 for requirements for single-family and duplex structures);

2. substantial improvements to a site or building and the expansion or conversion of existing structures, including expansions or changes in parking area layouts;

3. the change of use of a site or structure if for establishment of the new use, changes in the site (such as the addition of parking spaces) are necessary to achieve compliance with this chapter;

4. a special exception use permit.

No building permit shall be issued by the city and no site work shall be commenced by the developer until a preliminary site plan has been approved by the administrative official or the planning board, as applicable.

Upon preliminary site plan approval and issuance of a building permit, the development shall be built in strict accordance with the approved preliminary site plan and these regulations.

The provisions of this section shall not apply to public construction projects undertaken by the City of Lake Wales except to the extent that the city manager determines that a particular project will benefit from review by the development review committee.

(Ord. No. 2007-02, § 2, 3-6-07)

Sec. 23-222.3 Application requirements for submittal of site plans.

a. Preapplication conference. It is required that the applicant schedule a pre-application conference with the administrative official to discuss the proposed development no less than two (2) weeks prior to submitting formal application for the preliminary site plan. The purpose of this conference is to review the feasibility of the proposed development and any potential waivers or variances.

The applicant must submit a boundary survey or conceptual plan illustrating lot dimensions to scale, existing site conditions including stands of trees, the locations of water bodies and wetlands, existing structures and other site improvements, and a written description of the proposal. Information sufficient to identify natural features of the property shall be provided by the applicant, such as aerial photographs, topographic maps, flood maps, vegetation surveys, and wetlands maps.

The administrative official shall advise the applicant regarding the proposed development in relation to the provisions of this chapter, particularly the land development requirements of article III, div. 1, the district regulations of article IV, div. 1 and the concurrency requirements of article VII, div. 1.

b. Determination of major and minor projects. Following the pre-application conference, a preliminary determination shall be made by the administrative official as to whether the proposal is a major or minor project, based upon the criteria below. A major project requires review by the development review committee and review and decision by the planning board. A minor project requires review by the development review committee and a decision by the administrative official.

1. Major project. An application meeting any of the criteria below shall be classified as a major project:

A. The project will have more than one (1) principal building on the site or meets the definition of a "shopping center" or "business center";

B. A special exception use or a significant change to a special exception use is approved.

C. The project involves a request for waiver of strict compliance with requirements of the land development regulations.

D. A change is proposed which affects a condition of approval or commitment by the applicant on an existing major site plan or special exception use permit.

E. The proposal increases the non-conformity with provisions of this chapter.

2. Minor project. All projects not meeting the criteria for a major project shall be considered minor projects unless determined by the administrative official to warrant review as a major project. Construction or alteration of a single-family residence or duplex on a single lot requires review under section 23-212, verification of zoning compliance.

c. Preliminary site plan application.

1. The application for preliminary site plan approval shall include a completed application form, a site plan meeting the requirements of section 23-222.8, and the application fee pursuant to section 23-242. The application form, number of copies of plans, and deadlines for submission shall be set forth in the procedures manual maintained by the administrative official.

2. If waivers of strict compliance from the design standards of this chapter are requested, the application shall state the specific waivers requested and reason(s) for the waiver.

3. Projections of impacts of the development upon roadways, sewer and water, public drainage and recreation facilities shall be submitted with the preliminary plan as required under subsection 23-704.4(c).

4. In a multi-phased project, all phases must be addressed on the preliminary site plan.

5. An incomplete application will not be accepted and will be returned to the applicant without review.

Sec. 23-222.4 Preliminary site plan review and approval.

a. Development review committee. Upon acceptance of the application as complete, the administrative official shall schedule the application for review by the development review committee at its next regular meeting. All preliminary site plans shall be reviewed by the development review committee to determine that the plan meets the requirements of this chapter.

1. Minor projects. For a minor project, the administrative official shall determine, after consultation with the development review committee, if the project complies with the requirements of this chapter. The administrative official shall approve the preliminary plan if the project is found to be in compliance or may approve the plan with conditions if adjustments are necessary for compliance. If the proposed project is found not to be in compliance with this chapter, the administrative official may, after consultation with the applicant, request a revised plan, deny the plan with specific reference to the deficiencies, or submit the plan to the planning board as a major project requesting waivers. The site plan shall also be reviewed under the concurrency provisions of Article VII, Div. 1. The site plan shall not be approved if the concurrency provisions of Article VII, Div. 1 are not met.

The administrative official shall have the authority to direct any site plan to planning board review and approval, regardless of the criteria for major and minor projects. The administrative official's decision shall be based upon an assessment of the project's potential for negative impacts upon nearby properties or public facilities, the need for protection of the public interest by formal planning board review of the project, and/or the existence of unusual conditions associated with a site, project or an application.

2. For major projects, after completion of review by the development review committee in accordance with paragraph A., B. or C. below and based upon the findings of the development review committee, the administrative official shall make a written recommendation to the planning board for approval, approval with conditions, or denial of the preliminary site plan.

A. The development review committee shall review the application in relation to the purpose and requirements of the land development regulations and may forward the application for review to the planning board or administrative official, as applicable, with recommendations or may continue their review with a request for further information or revisions. Within three (3) days of the meeting, the administrative official shall inform the applicant in writing of the decision of the development review committee with specific reference to their findings.

B. If the application review is continued by the development review committee, the applicant shall provide the administration official with the requested information or revised plans at least two (2) weeks prior to the next regularly scheduled meeting of the development review committee in order to be placed upon the development review committee's agenda.

C. In the case of applications which are continued by the development review committee, the applicant shall be granted, upon his request, a one-month extension of time for review by the development committee. Further requests for extensions may be granted at the discretion of the development review committee. Upon expiration of any extension granted by the development review committee, the application may expire and the fee shall be forfeited.

D. At the request of the applicant prior to the expiration of any extensions granted by the development review committee, the application shall be forwarded to the planning board for review and decision without a recommendation from the development review committee. In making its decision, the planning board shall consider the reasons stated by the development review committee for continuing the review.

3. For Master Development Plans (MDPs), preliminary site plans shall be prepared for individual phases or subphases of development.

A. The administrative official shall determine, after consultation with the development review committee, if the project complies with the approved MDP and Development Order, as well as Master Development Plan requirements set forth in sections 23-450 and 23-228.
B. If the preliminary site plan is found to be in compliance with the Master Development Plan, the administrative official shall approve the plan. Approval may include conditions of approval, if adjustments are necessary for compliance.
C. If the preliminary site plan is not found to be in compliance with this chapter, the administrative official may, after consultation with the applicant, request a revised plan, or deny the plan with specific reference to the deficiencies.
D. The site plan shall be reviewed to confirm compliance with provisions of Article VII, Div. 1. The site plan may be approved if concurrency provisions of Article VII, Div. 1 are met.

b. Planning board review. The planning board shall review the application with reference to the requirements of this chapter, particularly the land development requirements of Article III, Div. 1, the district regulations of Article IV, and the concurrency requirements of Article VII, Div. 1. Based upon their review of the information presented by the application, the recommendations of the administrative official, and in consideration of the express purpose and intent and requirements of this chapter, the planning board shall either approve, approve subject to stated conditions, or deny the preliminary site plan. Where the planning board either denies or approves with conditions, they shall enter specific findings of fact delineating their reasons.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-222.5 Waiver of strict compliance. Upon a finding that there is reasonable cause for granting a request for a waiver, the planning board may waive strict requirements of this chapter in regard to the number and paving of off-street parking spaces, landscaping requirements, and dimensional requirements for site circulation and access.

In deciding upon requests for waivers, the planning board shall endeavor to adhere to the requirements of this chapter to the extent possible and to minimize deviations from its requirements. The granting of waivers may be subject to conditions. Waivers may not be granted for required building setbacks. (See appeals procedures in section 23-244.) Waivers shall be granted only if safety is not compromised.

Reasons for granting such waivers may include:

a. The waiver is requested because existing legal non-conformities on the site present difficulties in meeting the provisions of this chapter. Redevelopment of sites shall be facilitated through the granting of waivers, provided such waivers do not result in over-development or use of a property.

b. The planning board finds that off-street parking requirements are excessive based on the particular circumstances of the application or proposed characteristics of use such as shared parking arrangements, hours of operation or scheduling, or proximity of public parking.

c. Granting of the waiver allows for a superior site layout or buffering in terms of safety or compatibility with the neighborhood.

(Ord. No. 2007-02, § 3, 3-6-07)

Sec. 23-222.6 Appeal of administrative determination. The planning board shall hear and decide appeals of administrative determinations regarding a preliminary site plan. Such administrative determinations include, but are not limited to, administrative denial of an application, conditions associated with administrative approval of an application, or administrative interpretation associated with the processing of the application.

Sec. 23-222.7 Time limit on approval. The approval of the preliminary site plan shall expire two years from the date of approval unless an application for a site development permit has been received or a building permit for a principal building has been issued. An extension of time may be applied for (and granted in one-year increments) by the developer by submitting a letter of request to the administrative official and the required fee. (See Table 23-242.) The request for time extension may be approved by the administrative official or the planning board in accordance with the manner in which the original approval was granted.

(Ord. No. 2007-14, § 1, 6-5-07;Ord. No. 2016-21, § 2, 12-06-16)

Sec. 23-222.8 Preliminary site plan requirements. The preliminary site plan shall be twenty-four (24) inches by thirty-six (36) inches and shall be drawn at a scale sufficient for clear presentation of existing and proposed site features, preferably one (1) inch equals twenty (20) feet or one (1) inch equals forty (40) feet.

The following information shall be shown on the plans, except that some of the following requirements may be waived by the administrative official for minor site plans:

a. Location. North arrow, graphic scale and vicinity map showing the location of the proposed site, relationship to surrounding streets and thoroughfares, existing zoning on the site and surrounding areas, names of adjacent property owners, existing land use on the site and surrounding areas within five hundred (500) feet.

b. Title block. Name of name and address of the owner of the tract proposed for development; the name of the applicant, if different from the owner, and the name, address, and telephone number of the engineer and surveyor engaged to prepare the design and the preliminary development plans. Date of plan and any revisions.

c. Legal description and boundaries. Legal description with reference points used for determining the point of beginning of description, and project boundary lines with bearings and distances. Boundary lines of any proposed phases. Easements, existing and proposed, and their locations, widths, bearings and distances.

d. Site information.

1. Contours, existing and proposed, at not greater than five-foot intervals.

2. A topographic survey including flood-prone delineations. The most recent FEMA and SWFWMD topographical survey and flood-prone mapping may be utilized.

3. A soils survey, which may be based on the most recent Polk County Soils Survey, drawn to the same scale as the preliminary site plan, clearly identifying all soil types especially those which are apparently not suitable for buildings or major structures due to soils limitations.

4. All lakes, wetlands, water courses, stands of trees and areas of other vegetation, and other pertinent features will be indicated. An aerial photograph at a scale sufficient to identify natural features may be required by the administrative official. Tree cover will be compared with road locations. Natural features, including trees, to be preserved shall be indicated.

5. Tree survey showing all trees over four (4) inches in caliper at four and one-half (4-½) feet above ground, except that those trees exempt under section 23-214 need not be shown. (Note: may be shown on separate sheet. May be waived by administrative official.)

e. Proposed development.

1. Streets and rights-of-way, existing and proposed, on and adjacent to the project and their names, locations, widths, bearings and distances.

2. Utilities, existing and proposed, on and adjacent to the project including sanitary sewers, storm water drainage, storm water retention areas, potable water supply, water supplies for fire protection, and overhead utility lines.

3. Parking lot access points, interior traffic circulation, arrangement and number of parking spaces and aisles widths.

4. Building envelopes with dimensions and distances from water bodies, adjacent buildings and rights-of-way.

5. Proposed green areas with dimensions and acreage. Proposed recreation areas, showing dimensions of any proposed building or facilities including pedestrian and bike paths.

6. Proposed buffers, walls or other features, with dimensions.

7. Dumpster and recycling pad locations and proposed screening method.

8. Landscape plan on separate sheet; plan must indicate all sewer lines, water lines, and overhead utility lines in order to prevent planting of trees in easements where they will interfere with public utilities.

9. Widths and materials for proposed sidewalks.

10. All projects shall include a minimum of two (2) architectural elevation drawings, of proposed building types with colors and materials noted.

f. Data, clearly marked on plan or in tables, showing the following for each phase:

1. Acreage of project and phases, if applicable.

2. Total number of units (residential) or building floor areas.

3. Typical building characteristic, including dimensions, building footprints, floor area, number of units, density, and number of stories.

4. Intensity information:

A. Total acreage of building footprints;

B. Total acreage of paved areas, including access ways, streets, parking areas;

C. Total acreage of retention ponds or other water and wetlands;

D. Total acreage of conservation area;

E. Total acreage of recreation area and open space, listed by parcel;

F. Number of parking spaces, broken down by area which they serve, and showing parking spaces provided and required by use;

G. Square footage of unit types;

H. Percent impervious and percent building coverage.

g. Assurances. Statement assuring perpetual ownership and maintenance of common areas, if applicable.

h. A statement on the plan, requesting any waivers, if any.

i. Development impact data. Data required for concurrrency review under subsection 23-704.4(a) shall be provided.

Sec. 222.9 Final Site Plan. A final site plan shall be required when deemed necessary by the administrative official to reflect changes required or agreed to during the review process. However, the applicant must comply with the survey requirements of section 23-212.

Sec. 23-222.10 Enforcement provisions.

a. General. No site development permit, building permit, or certificate of use shall be issued, except in compliance with the approved site plan.

b. Site maintenance obligation. The owners and successors of property developed under an approved site plan shall not remove, destroy, modify, subvert or render inoperable, through act or omission, any of the improvements, designs, standards or conditions required either directly or indirectly by these regulations.

c. Penalties for violations. Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this section, or permits any such violation to continue, or otherwise fails to comply with the requirements of this section or of any plan or statement submitted and approved under the provisions of this section, shall be guilty of an ordinance violation and subject to prosecution. Upon conviction such person shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. At the option of the city, any violation may be processed through the city's code enforcement board as an alternative to prosecution under this subsection. Nothing herein contained shall prevent the city from taking such lawful action, including, but not limited to, resorting to equitable action, as is necessary to prevent or remedy any violation.

(Ord. No. 2006-24, § 1, 6-6-2006; Ord. No. 2016-21, § 2, 12-06-16; Ord. No. 2020-27, § 1, 10-20-20)

§ 23-223. Land subdivision.

Effective on Tuesday, October 4, 2022

Sec. 23-223.1 Applicability.

a. The recording of a final subdivision plat approved as set forth in these land development regulations is required prior to the subdivision of property. For the purposes of these regulations, "subdivision" is defined as:

1. The division of a parcel of land (which in this context is defined to mean the totality of contiguous land holdings by a single owner regardless of how described, recorded or zoned) into three (3) or more lots or parcels of land less than five (5) acres each, for the purpose, whether immediate or future, of transfer of ownership or building development;

2. Any division of land, regardless of the size of the parcels where the applicant proposes to create a street, right-of-way, or easement that joins or connects to an existing public street.

3. Exception for minor subdivisions. Where property abuts an existing street and no new improvements for water, sewer or drainage are required and where the proposed subdivision contains four (4) or fewer commercial lots having common access to existing public roads or seven (7) or fewer residential lots, the administrative official with the concurrence of the development review committee, may waive preliminary subdivision review and permit a final plat to be presented to the city commission for approval in accordance with this section.

b. In accordance with authority granted by F.S. § 498.025, it shall be unlawful for any owner of land, or agent of any owner, to transfer, sell or negotiate to sell such land by reference to or exhibition of a plat, or by other use of said plat without having first submitted such plat to the city for approval. If unlawful use is made of a plat before it is properly approved and recorded, the owner or agent of the owner shall be subject to the penalties provided in section 23-109. The governing body, or any appropriate official of the governing body, shall also enjoin such transfer, sale or agreement. Failure to comply with the provisions of this section shall not impair the title of land so transferred or affect the validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within two (2) years from the date of purchase thereof, be entitled to bring appropriate action to avoid such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act or both.

c. The provisions of the subdivision plan requirements found in this section are applicable to all single-family residential development projects and multi-family residential, commercial, industrial, recreational, or any other non-residential development project where the subdivision of land, subdivision infrastructure improvements, and plat recording will precede individual site development. Where multi-family residential, commercial, industrial, recreational, or any other non single-family residential site development will occur within the subdivision concurrent with or after plat recording, the developer of said site must also adhere to the requirements provided in section 23-222 for site plans.

d. A resubdivision will be required if a proposed change to an approved or recorded subdivision plat affects any street layout or any lot line so as to increase residential density or involves the establishment of a new street or a change in any street line or easement.

e. Property subdivided prior to the effective date of this ordinance shall comply with all requirements of this ordinance unless such property fully complied with the terms of all requirements in effect at the time such property was subdivided. Where a final plat has not been recorded, owner(s) of all or part of undeveloped or partially developed plats shall have one (1) year from the effective date of this ordinance to apply to the city for a determination of vested rights. Failure to so apply shall result in all such plats being vacated for purposes of this section.

f. Plats may also be filed for streets, rights-of-way, or easements. All plats filed shall meet all requirements and follow all procedures as herein set forth.

Sec. 23-223.2 Preliminary subdivision plat application. The purpose of the preliminary subdivision plat is to provide for the initial review of the proposed subdivision. An executed utility capacity queue agreement, if required per section 23-731, shall be submitted prior to commencement of review for any project.

a. Pre-application conference. Prior to the preparation of a preliminary subdivision plat, the developer of a subdivision shall meet with the administrative official and the director of public works to discuss the concept of the proposed subdivision and the requirements of these land development regulations. The pre-application conference and informal review is designed to prevent costly and avoidable revisions in the layout. The developer shall provide a sketch plan showing the tract of land, its relationship to the surrounding properties and general development scheme. Information sufficient to identify natural features of the property shall be provided by the applicant, such as aerial photographs, topographic maps, flood maps, vegetation surveys, and wetlands maps.

b. Preliminary subdivision plat application. Plats must be prepared by a registered surveyor. Application forms, deadlines for submission, and the number of copies of documents required shall be as set forth in the procedures manual maintained by the administrative official. The fee shall be as required per section 23-242

The preliminary subdivision plat shall constitute the totality of land the applicant plans to develop. When a subdivision is being developed in phases, the preliminary subdivision plan shall indicate phasing lines and connecting roadways, and a phasing schedule shall be submitted for subdivision development. Phased subdivision development plans must meet all requirements of a stand-alone subdivision development plan providing for adequate utilities and infrastructure.

The preliminary plat shall demonstrate compliance with the land development requirements of article III, as applicable, and the district regulations of article IV applicable to the zoning district in which the property is located.

All submittals shall be as outlined below:

1. Application form. The application form for a preliminary subdivision plat, provided by the administrative official, shall be submitted with the review fee as set forth in section 23-242

2. Preliminary subdivision plat.

A. Scale and size of drawings. The preliminary plat shall be at a scale adequate to show details clearly and adequately. Sheet sizes shall not exceed twenty-four (24) inches by thirty-six (36) inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire development and on each sheet there shall be a properly oriented and labeled key plan and a title box.

B. Title block. A title block shall be included that indicates the title or name of the proposed subdivision in large bold letters, the name and address of the owner of the tract proposed for development, the name of the applicant, if different from the owner, and the name, address, and telephone number of the engineer and surveyor engaged to prepare the design and the preliminary development plans.

C. Legend. A legend shall be included on each sheet that indicates the date (including the date of any revisions), scale, and north arrow. The first sheet shall show the current zoning of site and abutting properties, total number of lots, lot dimensions, lot size ranges, and minimum lot size.

D. Legal description. A full and detailed legal description of the tract to be platted and its approximate acreage shall be included. Boundaries of the property with bearings and distances shall be shown. All existing covenants, private restrictions, easements and rights-of-way affecting the use and development of the property shall be stated on the plat.

E. Surrounding properties. All contiguous properties shall be identified by the Polk County Appraiser's property identification number, and by the subdivision title, plat book and page, or, if unplatted, land shall be so designated.

F. Vicinity map. A vicinity map or inset shall be included that shows the relationship between the area proposed for development and surrounding properties, streets and public facilities at a scale of not less than one (1) inch equals two thousand (2,000) feet.

G. Existing streets. The name, location, and right-of-way and pavement widths of all existing streets which abut the proposed subdivision shall be shown. Locations of all median openings in the vicinity and access points on both sides of all abutting roadways must also be shown.

H. Other natural features. All lakes, wetlands, water courses, stands of trees and areas of other vegetation, and other pertinent features will be indicated. An aerial photograph at a scale sufficient to identify natural features may be required by the administrative official. Tree cover will be compared with road locations. Natural features, including trees, to be preserved shall be indicated.

I. Limits of floodplain. Flood elevation of 100-year flood as established by the Federal Flood Insurance Administration and as supplemented by the current flood insurance rate map shall be indicated on the site plan. The actual acreage above the 100-year flood elevation, plus that area below the antecedent water level shall be listed numerically. Usable lot area shall be clearly delineated.

J. Topography. Existing and proposed contour lines shall be shown at a minimum of five-foot intervals.

K. Dedications and reservations. All parcels of land proposed to be dedicated or reserved for public use such as roads, easements, parks, sidewalks, and bike or pedestrian trails shall be indicated on the plan. Proposed rights-of-way and street names shall be indicated. Mini-parks and neighborhood parks required under section 23-310 shall be shown with proposed facilities. Specific information on plantings need not be provided.

L. Proposed development.

i. Lot lines and lot numbers. The proposed lot lines, with appropriate dimensions and lot numbers, shall be shown. Lots shall be numbered in consecutive order starting with the numeral one (1) for the first lot in each block, or other manner as approved by the city.

ii. Proposed building and setback lines. Proposed building setback lines from side, front and rear lot lines shall be shown.

iii. Proposed streets and sidewalks or walkways. Proposed rights-of-way, easements, and common areas shall be shown. Typical cross-sections of proposed streets shall be provided.

iv. Buffers along exterior streets. Location and width of buffers proposed along exterior streets required in residential subdivisions under section 23-307.2 to screen the rear yards of lots fronting on interior streets shall be shown. Location and type of wall, if proposed, shall be shown. Specific details of plantings need not be provided.

v. Entrance features. Medians, landscaped areas, sign locations, and other entrance features shall be shown. Specific details of plantings need not be provided.

vi. Right-of-way and street cross sections. Right-of-way widths, pavement widths, sidewalks, curbs and gutters, and sidewalks shall be shown for each classification of street proposed in the subdivision.

vii. Parks. Locations and size of proposed parks. Calculations showing compliance with recreation requirements per section 23-310

3. Development impact data. Data required for concurrrency review under subsection 23-704.4(a) shall be provided.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-223.3 Preliminary subdivision plat review.

a. Development review committee.

1. All preliminary subdivision plats shall be reviewed by the administrative official to determine that the preliminary subdivision plat application is complete in accordance with the requirements of this section. Completed applications will be distributed to the development review committee members.

2. The development review committee shall review all preliminary subdivision plats for compliance with the purpose and intent of the subdivision requirements of this section and land development requirements of article III, division 1, district regulations of article IV, concurrency requirements of article VII, div. 1, and other applicable sections of this chapter to determine if any problems exist and to determine any adverse impact which bears upon the public interest. The applicant or his designee may meet with the development review committee in their review of the preliminary subdivision plat.

3. After completion of review by the development review committee and based upon the findings of the development review committee, the administrative official may approve transmittal of the preliminary subdivision plat to the planning board or require resubmittal by the developer with modifications or corrections.

4. The administrative official shall inform the applicant in writing of the final review comments which were received from the development review committee.

5. If the administrative official approves transmittal of the preliminary subdivision plat to the planning board, the developer will provide twelve (12) additional sets of the plan and plat (or the number as determined to be adequate by the administrative official). The administrative official shall prepare a report indicating the recommendations of the development review committee and submit the report to the planning board at its next scheduled meeting.

6. The following instances shall be considered new applications and shall require payment of an additional fee:

A. Any review beyond an initial submittal and two (2) resubmittals, including review for minor technical corrections required by the development review committee.

B. Any submission requiring corrections that is not resubmitted within sixty (60) days shall be considered expired.

C. If during the review process, the development review committee determines that the preliminary subdivision plan and plat do not meet preliminary subdivision plan and plat submittal requirements or substantially fails to meet the design standards and other criteria of these regulations, the preliminary subdivision plan and plat will be rejected on that basis and resubmittal will not be accepted until the next deadline for applications, at which time a new processing fee and application will be required.

D. Any formal approval by the planning board or city commission which is conditioned on or subject to correction or modification of plans.

b. Planning board review. At its regularly scheduled meeting, the planning board shall review the preliminary subdivision plat for compliance with the land development requirements of article III, including the street right-of-way and design standards, the district regulations of article IV, and the concurrency requirements of article VII. The planning board shall recommend to the city commission to approve, approve with stated conditions or stipulations, or deny with specific reference to specific requirements of this chapter.

c. City commission action. After receiving the recommendation of the planning board, the city commission shall approve, approve with stated conditions or stipulations, or deny with specific reference to the requirements of this chapter.

1. Concurrency. A preliminary subdivision plat shall not be approved unless the concurrency requirements of this chapter have been met. (See section 23-704.4.c.)

2. Time limit on approval. Approval of the preliminary subdivision plat shall be valid for two years. An extension of time may be applied for(and granted in one-year increments) by the developer by submitting a letter of request to the city commission through the administrative official and a fee per section 23-242

(Ord. No. 2007-14, § 1, 6-5-07;Ord. No. 2016-21, § 3, 12-06-16)

Sec. 23-223.4 Final subdivision plat and supplementary information. Plats must be prepared by a registered surveyor and shall comply with the requirements of F.S. ch. 177. Application forms, deadlines for submission, and the number of copies of documents required shall be as set forth in the procedures manual maintained by the administrative official. The fee shall be as required per section 23-242.

a. Pre-requisites. Unless the proposed subdivision is exempt pursuant to subsection 23-223.1(a)3, a final plat application shall not be accepted for review unless a preliminary plat has been approved by the city commission under section 23-223.2, and site improvements have been completed pursuant to a site development permit under section 23-217. Although not preferred, the City of Lake Wales will accept a performance bond, letter of credit or other surety in lieu of constructing street improvements, drainage improvements, street lights or traffic signs prior to the approval and recording of the final subdivision plat. The surety shall be a minimum of 120% of the cost of the improvements, based on the engineer’s cost estimate that is approved by the City.

b. Administrative review. The administrative official shall review the application and plat for completeness, compliance with the approved preliminary plat and conditions of approval, as applicable. Any significant changes to the plat from the approved preliminary plat shall require approval by the City Commission with a recommendation from the planning board. The administrative official shall consult with the planning board chairman to determine whether a proposed change is significant. The application and plat shall be returned to the applicant within ten (10) days of receipt for correction of any deficiencies.

c. Submittals. Required submittals for an application for final plat approval are:

1. Application form and fee. A completed application form, provided by the administrative official, and a filing fee as set forth in section 23-242 are required.

2. Final subdivision plat. The final subdivision plat shall constitute the totality of land the applicant plans to develop. When a subdivision is being developed in phases, the final subdivision plat shall constitute only that portion of the approved development plan which the applicant proposes to record and develop at the time, provided, however, that such portion conforms to the phasing schedule approved with the preliminary subdivision plan and all requirements of these regulations. The final subdivision plat shall be consistent with the preliminary plat approved by the city commission and shall conform with all requirements of these regulations. The number of reproducible plats and copies shall be as set forth in the procedures manual maintained by the administrative official.

A. The final subdivision plat shall conform to the requirements of F.S. ch. 177.

B. An executed dedication of public improvements to the city shall be made on the title page.

C. The title page shall provide a signature block for the city's surveyor to certify that the plat has been reviewed for conformity with the requirements of F.S. ch. 177.

3. Required supplementary documents.

A. Covenants. Any protective deed covenants to be placed on the property shall be notarized and in a form suitable for recording.

B. Homeowners' association documents or evidence of maintenance of private facilities. Where infrastructure such as roads or lift stations will remain private, evidence of an established homeowners association or other legal entity responsible for continued operation and maintenance shall be provided. Following the recording of the plat and prior to the issuance of building permits for structures within the subdivision, the homeowners' association documents shall be recorded.

C. Title certification. Original and four (4) copies of a title opinion of an attorney-at-law licensed in Florida or a certification by an abstractor or title company, in a form acceptable to the City Attorney and showing that apparent record title to the land as described and shown on the plat coincides with the names shown on the dedication (parties executing plat are owners of the land embraced by the plat). The title certification shall also show all mortgages not satisfied or released of record not otherwise terminated by law, show that all city taxes and assessments are paid to date, that the description of the plat is correct, and that no conflicting rights-of-way, easements, or plats exist. Four (4) copies of all referenced documents shall be provided with title certification.

D. Dedicated public facilities. Dedications executed by the owner on the plat shall be accepted by the city through the process outlined in sec. 23-226 at such time as the city commission determines appropriate. The city may undertake re-inspection of such facilities and if necessary require corrective action by the owner prior to accepting the dedication(s). An itemized list with costs of all improvements to be dedicated shall be provided by the applicant at the time of platting.

d. Review and certification process. Each final-subdivision plat shall be subjected to a standard review and certification process as follows.

1. All final subdivision plats shall be reviewed by the development review committee for consistency with the preliminary subdivision plat and conditions approved by the city commission. Plats found not to be in compliance shall be returned to the applicant for corrections.

2. Prior to forwarding the final plat to the city commission for approval, a Surveyor's Certificate of Approval must be obtained certifying that the plat has been reviewed for conformity with the requirements of F.S. ch. 177. Certification will be made by an independent surveyor approved by the city.

3. Prior to forwarding the final plat to city commission for approval, the public works director must certify that all improvements have been completed satisfactorily and in conformance with the applicable standards of the city and may be accepted by the city. The public works director may require a maintenance bond to cover the cost of cleaning of all catch basins within the development and to correct damage caused to infrastructure during construction of buildings in the development.

4. Maintenance Bonds.

a. Public Improvements - To ensure that any improvements dedicated to the City (such as, but not limited to, streets, drainage, water, reclaimed water, sanitary sewer, storm sewer facilities, street lights and traffic signs) do not contain construction, design, or material defects or failures, a letter of credit or other surety shall be required. The surety shall be 10% of the cost of the improvements, based on the engineer’s cost estimate approved by the City. Said surety shall be reviewed and approved by the City prior to final plat. The surety shall be held by the City for a minimum of 24 months. The City reserves the right to hold the surety for a maximum of 60 months if special conditions encountered during design or construction make normal inspection and testing insufficient to assure structural integrity. Examples of special conditions include the use of marginal soils in construction, application of geotextile material precludes the removal of unsuitable material, and construction practices resulting from experimental design concepts.

b. Project Landscaping – A letter of credit or other surety shall be required in order to ensure that landscape improvements in project common areas remain viable and are not diseased, damaged or dying. The surety shall be for 120% of the total landscaping cost, based on the review and approval of the project costs by the Administrative Official. Said surety shall be reviewed and approved by the City prior to final plat. The surety shall be held by the City for a minimum of 24 months. The City reserves the right to hold the surety for a maximum of 60 months to ensure that the project common area landscaping remains healthy and viable.

e. Action of the city commission.

1. If the final subdivision plat is substantially in accord with the approved preliminary subdivision plat, fulfills all attached conditions and stipulations, is complete and contains all of the required certifications, the city commission shall approve the plat, and the mayor shall indicate such approval on the final subdivision plat by signing the certification of approval for recording.

2. If the final plat is disapproved, the grounds for disapproval shall be stated in the records of the city commission and in writing to the applicant.

f. Recording of the final plat.

1. No plat of lands in the city subject to these regulations shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the city commission and fees required for recording have been received by the city clerk.

2. The city clerk shall record the plat with the clerk of circuit court as an official plat of record. A second reproducible and fully certified copy shall be filed with the administrative official for permanent record.

g. Single-Family Residential Subdivision Design Requirements.

Single-family residential subdivisions with 20 lots or more, shall submit to the Development Review Committee (DRC), prior to final plat approval, the following:

1. A plan to encourage architectural building variety. Similar residential units shall be separated by a minimum of 120 feet or four units, whichever is greater.

2. Proposed building design details including: architects style, building materials and colors. The approved standards shall be incorporated into the homeowner association documents prior to final plat approval or the sale of building lots.

Sec. 23-223.5 Vacating of plats.

a. Eligibility.

1. The owner of any land subdivided into lots may petition the city under the provisions of F.S. ch. 177, to remove (vacate and annul) the existing plat, or portion of a plat, from the official records of Polk County.

2. The city commission may, upon its own motion or recommendation by the planning board, order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction. This includes the vacation of streets and/or other parcels as permitted in section 23-221

b. Application. The applicant for vacating of a plat, or a part of a plat, shall file with the administrative official a letter of petition for plat vacation, proof of publication of notice of intent, certificate of title, statement of taxes and resolution, and fees established by the city commission. Following review of the development review committee and recommendation of the planning board, the petition shall be acted upon by the city commission following a public hearing. The applicant shall be responsible for recording the petition and the proof of publication with the clerk of the circuit court.

c. Action by city commission.

1. The city commission may order the vacation and annulment of all or any part of a subdivision within its jurisdiction, provided that:

A. The subdivision plat was lawfully recorded not less than five (5) years before the date of such action by the city commission; and

B. No more than ten (10) percent of the total subdivision or part thereof has been sold as lots by the original subdivider or his successor in title.

2. Such action shall be based on a finding by the city commission that:

A. The proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the area; and

B. The public health, safety and welfare will be promoted thereby.

3. Before acting on a proposal for vacation and annulment of subdivided land, the city commission shall hold a hearing with due public notice (notice of intent).

d. Access to individually owned parcels. No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat, or portion of a plat, of reasonable access to such parcel nor of reasonable access therefrom to facilities to which such parcel has access. Such access remaining or provided after such vacation need not be the same as that theretofore existing.

e. Correction of county records. If a subdivision plat is vacated by the city commission, the city clerk shall correct the records of the clerk of the circuit court accordingly.

Sec. 23-223.6 Replat and resubdivision.

a. Substantially similar plats. If a platted area is proposed to be replatted and if the proposed plat is substantially similar in design, layout, and concept to the original plat, as determined by the administrative official, and, if all lots, roads, and easements are in conformance, without variance, to these land development regulations or other appropriate standards, only a final plat complying with the requirements of these regulations needs to be filed. The fact of its being a replat shall be stated in the same size lettering and type following the subdivision name as a title to the dedication and wherever it appears on the plat. Submittal and approval procedures shall be the same as in section 23-223.3.

b. Substantially dissimilar plats. If a platted area is proposed to be replatted and if the proposed plat is not substantially similar in design, layout, and concept to the original plat, as determined by the administrative official, the procedures required by section 23-223.2 and 23-223.3 will apply.

Sec. 23-223.7 Corrective plats.

In the event that an appreciable error or omission in the data shown on any plat duly recorded under the provisions of these regulations and F.S. ch. 177, is detected by subsequent examination or revealed by a retracement of the lines during the original survey of lands shown on such recorded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omission was made. However, the affidavit must state that he has made a resurvey of the subject property in the recorded subdivision within the last ten (10) days and that no evidence existed on the ground that would conflict with the corrections as stated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that, in his opinion, should be substituted for the erroneous data shown on such plat or added to the data on such plat. Said affidavit shall be filed and recorded in accordance with F.S. ch. 177.

(Ord. No. 2015-04, § 5, 7-7-15; Ord. No. 2016-21, § 3, 12-06-16; Ord. No. 2020-30, § 1, 12-02-20; Ord. No. 2021-09, § 1, 6-02-21; Ord. No. 2022-45, § 1, 10-04-22)

§ 23-224. Planned development project (PDP).

Effective: Tuesday, December 6, 2016

Sec. 23-224.1. Applicability. Planned development project (PDP) approval may be applied for in any zoning district for the purpose of allowing flexibility of site design through waivers of strict compliance with the dimensional and design standards of this chapter.

PDP approval is required for any multi-family development with more than twelve (12) units.

PDP approval is also required for non-residential developments with two (2) or more outparcels, regardless of whether the property is subdivided for separate ownership of outparcels or the outparcels are to be leased.

A PDP requires the approval by the city commission upon recommendation of the planning board.

See article IV, division 4 for design standards for planned development projects.

(Ord. No. 2008-04, § 2, 2-19-08)

Sec. 23-224.2 Application requirements for submittal of planned development project plans. Applications for preliminary planned development project approval shall include information as required in this section. An incomplete application will not be accepted and will be returned to the applicant without review. An executed utility capacity queue agreement, if required per section 23-731, shall be submitted prior to commencement of review for any project.

a. Pre-application conference and conceptual plan review. Prior to the preparation of a preliminary planned development plan, the applicant shall meet with the administrative official and the director of public works to discuss the concept of the proposed development and the requirements of these land development regulations. The pre-application conference and informal review is designed to prevent costly and avoidable revisions in the layout. A pre-application conference is required for all proposed projects, including amendments to approved PDP site plans. A conceptual plan must be presented at the conference to show the property boundaries; existing site conditions, including topography, wetlands, water bodies, and existing vegetation; any existing site improvements; and a generalized plan of the proposed development. Information sufficient to identify natural features of the property shall be provided by the applicant, such as aerial photographs, topographic maps, flood maps, vegetation surveys, and wetlands maps.

b. Preliminary plan application requirements. The number of copies of plans and deadlines for submission of applications shall be as set forth in the procedures manual maintained by the administrative official. Applications for preliminary PDP plans shall include:

1. Application form and fee. An application for preliminary PDP site plan approval shall include a completed application form and the fee as set forth in section 23-242

2. Master plan. For multi-phased projects and for the addition of acreage to an approved PDP for expansion of the development, approval of a PDP master plan is required. The master plan must be approved prior to or in conjunction with the approval of the first phase for any new project. A revised master plan for the entire project is required prior to or in conjunction with approval of a preliminary plan for development of acreage not shown on the original master plan.

A. The master plan is a general plan showing the overall layout, roadways, and phases of the project.

B. The boundaries of the project with dimensions and acreage shall be shown.

C. The boundaries of all existing and proposed phases with dimensions and acreage of phases shall be shown. The names or numbers of all existing and proposed phases.

D. The master plan shall provide information as required in subsection 23-445.1 (a) for residential and mixed use projects or [section] 23.445.2 for non-residential projects.

3. Preliminary plan. The preliminary plan shall show information as required in section 23-222.8 for preliminary site plans. If a subdivision is proposed within the PDP, requirements for a preliminary subdivision plat under section 23-223 shall also apply.

4. Projections of impacts of the development upon roadways, sewer and water, public drainage and recreation facilities shall be submitted with the preliminary plan as required in subsection 23-704.4(c) for concurrency review.

5. A complete list of requested waivers to the provisions of this chapter shall be provided with the application.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-224.3 Preliminary plan review.

a. Development review committee (DRC) review. Upon finding that the preliminary PDP application is complete, the administrative official shall schedule the application for review by the development review committee (DRC) at its next scheduled meeting.

1. The DRC shall review the plan and provide comments with reference to the purposes and requirements of this chapter, including the standards for PDPs set forth in article IV, div. 4 and concurrency requirements of article VII, div. 1. Recommendations for specific conditions of approval or modifications to the plan may be made by the DRC.

2. Upon completion of the DRC review, the application shall be scheduled for planning board review.

3. The DRC may continue its review to their next meeting with a request for further information or revisions. Within three (3) days of the DRC meeting, the administration official shall inform the applicant in writing of the decision of the development review committee with specific reference to their findings.

If the applicant fails to provide information or revisions to the DRC within three (3) months of the request for such information, the application shall expire and the fee shall be forfeited. Extensions of time may be granted by the DRC upon request by the applicant.

If, following the review of additional information or revisions to the proposal, the DRC requests further information or revisions, the applicant may decide not to comply with the DRC's request and may request that the application be forwarded to the planning board at its next regularly scheduled meeting and the administrative official shall forward the application to the planning board with a report detailing the DRC's review and comments.

b. Planning board review and recommendation. Following completion of the DRC's review of the application, the administrative official shall schedule a public hearing on the application at the next available planning board agenda and shall provide public notice in accordance with section 23-241

1. Staff report to planning board: The administrative official shall prepare a staff report to the planning board in advance of the meeting at which a PDP application is to be heard. The report shall provide an analysis of the proposal and plan with reference to the requirements of this chapter and shall include any comments and suggested conditions from the development review committee.

2. Planning board public hearing: The planning board shall hold a public hearing on the application and shall review the plan in relation to the purposes and requirements of this chapter, with special consideration given to the regulations for planned development projects in article IV, div. 4.

The planning board may request modifications to the plan to improve the site plan in regard to the intent of the land use regulations and may defer action on the application to allow the applicant to submit revisions. The consent of the applicant shall be required for deferral of planning board action more than once.

3. Planning board recommendation: Based upon their review of the information presented by the applicant, the recommendations of the administrative official and the development review committee, and public comments, the planning board shall make a recommendation to the city commission to either approve, approve subject to stated conditions, or deny the application. Where the planning board recommends denial, they shall state specific reasons based upon provisions of the land development regulations. The planning board recommendation shall address the concurrency requirements of article VII, div. 1.

c. City commission review and decision. Following a recommendation by the planning board, the administrative official shall schedule a public hearing on the application to be heard at the next available city commission meeting and shall provide public notice in accordance with section 23-241

1. Staff report to city commission: The administrative official shall forward the planning board recommendation and a staff report, providing an analysis of the proposed PDP plan with regard to the provisions of this chapter, to the City Commission and to the applicant in advance of the meeting at which the application is to be heard.

2. City commission public hearing: The city commission shall hold a public hearing on the application and shall review the plan, planning board recommendation, and staff report.

3. Decision: Based upon their review of the information presented by the applicant, the recommendations of the development review committee, the administrative official and the planning board, and comments received from the public, the city commission shall either approve, approve subject to stated conditions, or deny the application for preliminary PDP plan. Where the city commission denies the application, they shall delineate reasons with reference to the land development regulations.

4. A preliminary planned development project (PDP) plan shall not be approved unless the concurrency requirements of this chapter have been met. (See section 704.4.c.)

5. If changes in the plan are required or agreed during the city commission review, a revised PDP plan showing changes shall be filed with the administrative official prior to application for a site development permit.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-224.4 Time limit on PDP plan approval. The preliminary PDP plan approval shall be valid for two (2) years, and at the end of the time, the approval shall expire, along with the reservation of capacity in city utilities, unless a complete application for site development permit has been submitted One-year extensions may be granted by the city commission upon the recommendation of the planning board, provided the extension is requested prior to the expiration of the plan approval.

Sec. 23-224.5 Site development permit and completion of site improvements. Following approval of a preliminary PDP plan by the city commission, the administrative official shall notify the applicant that an application for a site development permit may be submitted. The administrative official may require an updated plan reflecting conditions of approval made by the city commission. See section 23-217 for the site development permit requirements.

Sec. 224.6 Final plat or survey. For residential subdivisions, a subdivision plat must be recorded prior to the issuance of building permits for dwelling units. See section 23-223 for subdivision plat requirements.

A final PDP plan may be required by the administrative official to reflect changes made in the plan during the review process or to comply with conditions of approval. For all structures, the survey requirements of section 23-212 must be met prior to the issuance of building permits.

Sec. 224.7 Amendment of approved plan. The process for review and approval of amendments to approved PDP plans depends upon the extent of the changes proposed, as set forth below:

a. Administrative. Amendments meeting the criteria below are reviewed and approved by the administrative official; however, the administrative official may refer the application to the planning board and city commission if there are issues deemed to warrant such review.

Criteria for administrative amendments:

• Changes in layout involve less than twenty (20) percent of the area of the development; and

• Any increase in number of units or non-residential square footage is less than one (1) percent and the change does not cause violation of density or intensity standards; and

• No waivers of development standards are requested requiring planning board or city commission action; and

• No conditions of approval are violated with the exception of those obviated by the proposed amendment.

b. Planning board. Amendments meeting the criteria below are reviewed and approved by the planning board; however, the board may refer the application to the city commission if there are issues deemed to warrant such review.

Criteria for planning board amendments:

• Any waivers requested are those within the powers of the planning board to grant per the site plan review process; and

• Any increase in number of units or non-residential square footage is less than five (5) percent and the change does not cause violation of density or intensity standards; and

• Any changes requested in conditions of approval pertain to matters in the board's purview under the site plan review process (section 23-222) and do not require city commission approval.

c. City commission. Amendments not meeting the criteria for administrative or planning board approval must be reviewed and approved as for a new planned development project. These include amendments that:

• Entail major changes as determined by the administrative official or planning board in terms of the magnitude of the change in regard to affected area, density or intensity of the development, or

• Change the approved housing type (e.g. single-family to multi-family); or

• Significantly change the configuration of lots, buildings, roadways, common areas, parking areas or other major features; or

• Have a significant impact upon the quality of the development with reference to the design guidelines for PDPs in this chapter; or

• Violate conditions of approval; or

• Deviate significantly from representations by the developer pertaining to the character and quality of the development.

(Ord. No. 2008-04, § 3, 2-19-08;Ord. No. 2016-21, § 4, 12-06-16)

§ 23-225. Development of regional impact (DRI).

Latest version.

Applications for developments of regional impact or amendments to developments of regional impact, as defined by F.S. ch. 380, except for reviews of existing approved development orders that have not expired as of the effective date of this ordinance, shall adhere to the following procedures for review.

a. The applicant for a Development of Regional Impact shall contact the city and Central Florida Regional Planning Council (CFRPC) and hold a pre-application conference with these agencies to establish issues to be addressed in the application as required by [F.S.] § 380.06(9).

b. The application for development approval (ADA) shall be filed with the administrative official and all other agencies as required by CFRPC. The application shall fully detail the proposed development, all commitments by the applicant, and all issues established in the pre-application conference. The application shall be accompanied by the fee established by resolution of the city commission and included in the procedures manual maintained by the administrative official.

c. Upon receipt of a notice of sufficiency from CFRPC, the city shall initiate public notice procedures as required by [F.S.] § 380.06(9).

d. A public hearing by the planning board announced in accordance with section 23-241 shall be held and a recommendation made regarding the conditions of approval to be stipulated in a development order. Such recommendations shall be forwarded to the city commission in writing.

e. The city commission shall hold a public hearing, and within thirty (30) days of that hearing, shall render a decision on the application unless an extension is requested by the developer.

f. A notice of adoption of the development order shall be recorded by the developer with the clerk of the circuit court.

§ 23-226. Acceptance of developer donations, dedications, contributions, etc.

Effective: Tuesday, July 7, 2015

a. The city commission shall accept all donations or dedications of roads, sidewalks, water and sewer improvements, land or other developer contributions by enacting a resolution that includes the following:

1. The location of donated or dedicated land or improvements, if any.

2. The value of donated or dedicated land, if any; said value shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between related parties in the bargaining transaction.

3. The value of donated or contributed capital facilities or infrastructure, if any; said value shall be actual construction costs.

4. The value of donated or contributed apparatus and equipment, if any; said value shall be actual cost.

5. The date of dedication.

b. All statements of value by the developer shall be supported by itemized documents showing construction cost of improvements to be dedicated. All cost documents shall be signed and sealed where appropriate.

c. A copy of the resolution accepting and stating the value of developer donations, dedications or other contributions shall be forwarded by the administrative official to the finance director. The finance director shall adjust the value of the city's fixed assets to reflect the value of said donations, dedications or other contributions.

(Ord. No. 2015-04, § 5, 7-7-15)

§ 23-227. Certificate of appropriateness.

Effective on Tuesday, October 4, 2022

A certificate of appropriateness is a written approval issued by the historic preservation regulatory board for work proposed on buildings or sites within an historic district designated under this chapter. See section 23-802 for definitions of terms used in this section.

Sec. 227.[1]. Applicability.

a. Certificate of appropriateness. Unless otherwise provided herein, no person may undertake the following actions affecting any property in an historic district designated under this chapter without first obtaining a certificate of appropriateness from the historic regulatory board.

1. Alteration of the exterior part of any building or structure, regardless of whether a building permit is required for the work.

2. Demolition of a building, structure or object or removal of a significant exterior feature of a building or structure. (Demolition delay only. See section 23-227.3.b.)

3. Installation of a new sign or alteration of an existing sign; removal of existing signs integral to the architecture of any building. (See exemption for incidental signs.)

4. Construction of a new building or an addition to an existing building.

5. Construction of fences, not including hedges.

b. Exemptions. The following actions are exempt from the requirement of a certificate of appropriateness:

1. Ordinary maintenance and repairs, provided the work involves repairs to existing features of a structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site

2. Landscaping, not including non-vegetative features such as walls, fences, and paving.

3. The administrative official may determine that work is exempt from the requirement for a certificate of appropriateness if the alteration will not be visible from a public street or pedestrian way. The administrative official may impose reasonable conditions on the approval in keeping with the guidelines of the historic board.

4. Murals, provided they do not meet the definition of a sign under this chapter.

5. Alterations meeting guidelines adopted by the historic board for paint color or other materials.

6. Directional and other incidental signs exempt from permitting requirements under this chapter.

c. Other permits. No building permit, demolition permit, land alteration permit, or site development permit shall be issued for work on a building or site in an historic district designated under this chapter unless a certificate of appropriateness has been issued for the work or the work has been verified as exempt by the administrative official. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other required permits and approvals. A building permit or other permit issued by the city shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.

d. Violations; stop work. A stop work order shall be issued for any work undertaken in violation of the requirement for a certificate of appropriateness or the conditions of a certificate of appropriateness.

Sec. 23-227.2. Application.

a. Pre-application conference. A pre-application conference with the administrative official is required prior to submission of an application for a certificate of appropriateness for construction of a new building or an addition or for any alteration of the exterior of a building within an historic district designated under this chapter. An applicant for any work within an historic district may request a pre-application conference with the administrative official or with the historic board to obtain information or guidance regarding a proposed project. The purpose of the pre-application conference is to discuss and clarify preservation objectives and guidelines of the historic board in relation to a proposed project.

b. Application for certificate of appropriateness. Application shall be made on forms supplied by the administrative official and shall be accompanied by the fee as set forth in section 23-242. The number of copies of required support documents, application deadlines, and review guidelines shall be determined by the administrative official.

The following support documents are required as applicable:

1. A site plan, rendering, sketch or drawing of the proposed work, specifically indicating the proposed changes in appearance, color, texture of materials, dimensions, architectural design of the exterior of the structure, including the front, sides, rear (if visible from a public right-of-way), roof, and any alterations to or additions of any outbuilding, courtyard, fence, or other accessory structure or improvement.

2. Photographs of the existing building, structure, or sign as applicable.

3. Photographs of adjacent buildings.

4. Any other information which may be reasonably required by the administrative official in order to convey a clear understanding of the applicant's proposal.

Sec. 23-227.3. Review of application for certificate of appropriateness.

a. Administrative review.

All applications for certificates of appropriateness shall be reviewed by the administrative official within ten (10) working days of receipt to determine that the application is complete in accordance with the requirements of this section. Incomplete applications will be returned to the applicant with reference to deficiencies.
Upon a finding that an application is complete, the administrative official, in consultation with other department as necessary, shall review the application for compliance with the purpose and intent of these regulations including the provisions of article IV, Resource Protection Standards, division 5, Historic Preservation (section 23-651 et seq.). The administrative official may request modifications or additional information if necessary.
After completion of review the administrative official may approve transmittal of the application to the historic board or require re-submittal with modifications or corrections.
If the administrative official approves transmittal of the application to the historic board, The administrative official shall prepare a report with recommendations and shall submit the report to the historic board in advance of its next scheduled meeting in accordance with the schedule established for agendas and public notice.
An application for a Certificate of Appropriateness for vinyl, painted, etched, or other types of non-structural signs may be reviewed and approved by the Administrative Official. The Administrative Official’s decision shall be based on an assessment of compliance according to section 23-545 and section 23-653. In any case, the Administrative Official has the right to determine that formal review and approval by the Historic Board is necessary.

b. Historic board review and action. The historic board shall hold a public hearing on the application except those for signs and shall review the application with reference to these regulations, with particular attention to the historic preservation resource protection standards (section 23-651 et seq.).

1. Except for application for demolitions, the board shall approve with stated conditions or stipulations, or deny an application with specific reference to the requirements for this chapter and standards adopted by the historic regulatory board. The board may continue the hearing until the next regularly scheduled meeting if further information or modifications to plans for proposed work are requested. However, the board shall make a decision at the continued hearing unless the applicant agrees to further delay.

2. For applications for building demolitions, the issuance of a certificate of appropriateness may be delayed for up to sixty (60) days for the purpose of exploring alternatives to demolition, including relocation of the structure. Upon the request of the historic board, an additional sixty-day delay may be granted by the city commission with reference to the criteria for certificates of appropriateness for demolitions under section 23-652. In no case, however, shall a certificate of appropriateness for a demolition be denied.

Sec. 23-227.4. Appeal of decision on certificate of appropriateness. See section 23-244.

(Ord. No. 2008-11, § 4, 5-20-08; Ord. No. 2008-31, 10-7-08; Ord. No. 2016-01, § 3, 01-19-16; Ord. No. 2021-20, § 1, 09-10-21; Ord. No. 2022-45, § 1, 10-04-22)

§ 23-228. Master Development (MDP) Review Process.

Effective: Tuesday, October 20, 2020

Sec. 23-228.1. Applicability. Master Development Plan process is designed to promote a form of development that is intended to encourage high quality master planned community development on large tracts of land, in order to promote a jobs/housing balance and a development pattern that may reduce reliance on the personal automobile by allowing a greater variety of land uses closer to work and home; protect and enhance environmental assets and provide for an orderly transition of land uses through a planning process that incorporates a build out vision with proper timing and location of adequate public facilities. This process is intended to facilitate the implementation of planned development zoning and Policy 2.18 of the Comprehensive Plan.

Sec. 23-228.2 Application requirements for submittal of Master Development Plan Projects. Applications shall include information as required in this section. An incomplete application will not be accepted and will be returned to the applicant without review.

a. Pre-Application conference and conceptual plan review. It is required that the applicant schedule a pre-application conference with the administrative official to discuss the proposed development no less than two (2) weeks prior to submitting formal application for the preliminary site plan. The purpose of this conference is to review the feasibility of the proposed development.

b. Master Development Plan application.

The application for Master Development Plan approval shall include a completed application form, a site plan meeting the requirements of section 23-450, and the application fee pursuant to section 23-242. The application form, number of copies of plans, and deadlines for submission shall be set forth in the procedures manual maintained by the administrative official.
An incomplete application will not be accepted and will be returned to the applicant without review.

Sec. 23-228.3 Master Development Plan review and approval.

a. Development review committee. Upon acceptance of the application as complete, the administrative official shall schedule the application for review by the development review committee at its next regular meeting. All master development plans shall be reviewed by the development review committee to determine that the plan meets the requirements of this chapter.

After completion of review by the development review committee and based upon the findings of the development review committee, the administrative official shall make a written recommendation to the planning board for approval, approval with conditions, or denial of the master development plan.
Planning Board Review. Upon issuance of written comments by the DRC, the MDP shall be scheduled for a public hearing before the planning board where they may request modifications to the plan to improve the site plan in regard to the intent of the land development regulations.
City Commission Review. The Board shall conduct a public hearing on the review of the MDP, the planning board recommendation, and staff report per the requirements of this Chapter.

b. Review Criteria. Based upon their review of the information presented by the applicant, the recommendations of the development review committee, the administrative official and the planning board, and comments received from the public, the city commission shall either approve, approve subject to stated conditions, approval with modifications or deny the application for MDP plan. In its decision, the City Commission shall consider whether the proposed plan is consistent with the Comprehensive Plan and this Code. In making such determination, the approving authority shall consider the approval criteria for the Planned Development Mixed-use zoning district.

c. Concurrency. MDPs are intended for large tracts of land that anticipate a long-term build-out vision. As such, concurrency reservation for sanitary sewer, potable water, solid waste, roads, public schools, recreation and open space and drainage may not be deemed appropriate. Development Orders may be conditioned to require that public facility improvements or capacity will be in place concurrent or at the time the facility or service is needed by proposed development.

An impact assessment for concurrency will be required for individual phases or subphases of development, at the time of a site development permit application.As an alternative, the applicant may enter into a development agreement with the City to secure the completion of improvements or performance of other developer obligations in consideration for any procedural or substantive right or entitlement, as may be authorized and required by this Code, the Comprehensive Plan and applicable law, in accordance with F.S. §§ 163.3220 – 163.3243.

d. Effect of MDP Approval. Upon approval of a MDP, the applicant may proceed with the submittal of Preliminary Site Plans, as described in section 23-222.4.a.3, followed by Site Development Permits, as described in section 23-217,for individual phases or subphases of development. In the case of residential subdivisions, a Preliminary Plat/Site Plan shall be filed and approved prior to the Site Development Permit. Upon approval of a Site Development Permit, a Final Plat shall be submitted for City Commission review and approval.

e. Expiration of MDPs. MDPs shall not expire, unless and except it is mutually agreed that such approval should be rescinded.

f. Monitoring. Preliminary Site Plans and Site and Development Plans must include a tracking chart to show cumulative development of the MDP.

(Ord. No. 2020-27, § 1, 10-20-20)

§§ 23-229--23-240. Reserved.