Chapter X. Administration And Enforcement, Land Development Regulations, Chattahoochee

Chattahoochee (Last Updated: August 25, 2014)

Land Development Regulations

Chapter X. Administration And Enforcement

Appendix 10.00.00. Generally

§ 10.00.01. Purpose

Latest version.

This chapter sets forth the application and review procedures required for obtaining development orders and certain types of permits. This chapter also specifies the procedures for appealing decisions and enforcing provisions of this code.

§ 10.00.02. Withdrawal of applications

Latest version.

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing. An application for any type of development review may be withdrawn at any time with the consent of the board responsible for reviewing the application.

Appendix 10.01.00. Authorization By A Development Permit Required Prior To Undertaking Any Development Activity

§ 10.01.01. Generally

Latest version.

No development may be undertaken unless the activity is authorized by a development permit.

§ 10.01.02. Prerequisites to issuance of development permit

Latest version.

Except as provided in section 10.01.03 below, a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to this code. In addition all necessary permits from the county, state, federal governments or other similar regulators must be obtained before a development permit is issued.

§ 10.01.03. Exceptions to requirement of a final development order

Latest version.

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this code. Unless otherwise specifically provided, the development activity shall conform to this code.

Development activity necessary to implement a valid development plan on which the start of construction took place prior to the adoption of this code and has continued in good faith. Compliance with the development standards in this code is not required if in conflict with the previously approved plan.

The construction or alteration of a one- or two-family dwelling on a lot of record in a valid recorded subdivision. Compliance with the development standards in this code is not required if in conflict with the previously approved plat.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use or the amount of impervious surface on the site.

The erection of a sign or the removal of protected trees on a previously developed site and independent of any other development activity on the site.

The resurfacing of a vehicle use area that conforms to all requirements of this code.

A minor replat granted pursuant to the procedures in section 10.05.00

Temporary uses or structures except as provided in section 10.07.04

Right-of-way use permits.

§ 10.01.04. Post-permit changes

Latest version.

After a preliminary development order or final development order has been issued, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of the preliminary of final development order without first obtaining a modification of the preliminary or final development order. A modification may be applied for in the same manner as the original preliminary development order or final development order. A written record of the modification shall be entered upon the original preliminary development order or final development order and maintained in the files of the City of Chattahoochee.

Appendix 10.02.00. Procedure For Review Of Site Development Plans

§ 10.02.01. Preapplication conference

Latest version.

Prior to filing for development plan review, the developer shall meet with the planning and zoning commission to discuss the development review process. With the consent of the applicant the planning and zoning commission may waive the preapplication conference requirement if, in the commission's opinion, the conference is unnecessary. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

§ 10.02.02. Designation of plans as major or minor developments

Latest version.

Generally. For purposes of these review procedures, all development plans shall be designated by the city as either minor or major developments according to the criteria below. Before submitting a development plan for review, the developer shall provide the city with sufficient information to make this determination. The city's determination shall be supported by written findings.

Minor development. A plan shall be designated as a minor development if it is:

Any division of land into more than two parcels but less than 25 parcels.

Any multifamily residential development of less than ten units, that does not involve platting.

Any nonresidential use, including additions to existing structures of up to 10,000 square feet, excluding those minor deviations within the limits described in section 10.13.01.

Major development. A plan shall be designated as a major development if it is:

Any division of land into 25 or more parcels.

Any multifamily residential development of ten or more dwelling units.

More than 10,000 square feet of nonresidential floor space.

Any development that, in the estimation of the city, should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, nature resources and public safety.

§ 10.02.03. Application and submittal requirements

Latest version.

Application. Applications for development review shall be available to the public through the city. A completed application shall be signed and notarized by all owners, or their agent, of the property subject to the proposal. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation, and embossed with the corporate seal.

Submittal requirements based on development plan designation. A tiered approach shall be used in determining the information which must be submitted at the time of application. The greater the intensity of a project, based upon its designation as either minor or major, pursuant to the criteria in section 10.02.02, the greater the amount of information required. The following list describes the applicable submittal requirements for specific development plan:

General plan requirements. These shall be mandatory for all development plans.

Minor review requirements. These shall be mandatory for major and minor development plans.

Major review requirements. These shall be mandatory only for major development plans.

Optional review requirements. These may be required for the review of any development plan on any case-by-case basis at the discretion of the city when additional data is needed.

Environmentally sensitive area requirements. These shall be required for all developments which contain environmentally sensitive areas as identified in chapter II, or at the discretion of the city.

General plan requirements.

All plans shall be drawn to a scale of one inch equals 100 feet, unless the city determines that a different scale is sufficient or necessary for proper review of the proposal.

The front cover sheet of each plan shall include:

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township and range, together with the principal roads, municipal boundaries and/or other pertinent orientation information.

A complete legal description of the property.

The name, address and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.

Name, business address and telephone number of those individuals responsible for the preparation of the drawing(s).

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.

The plan shall show the boundaries of the property with a metes and bounds description reference to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s).

The area of the property shown in square feet and acres.

Unless a format is specifically called for below, the information required may be presented textually, graphically or on a map, plan, aerial photograph or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of this code have been met.

The total number and type of residential units. The total number of residential units per acre (gross density) and for commercial developments also floor area ratio (FAR) calculations shall be given.

Documentation pursuant to section 3.03.02 related to the review for concurrency.

If wetlands are located on the site of any proposed development, then these wetlands shall be identified, delineated and quantified on signed and sealed site plan of the proposed development.

Other documentation necessary to permit satisfactory review under the requirements of this code and other applicable law as required by special circumstances in the determination of the county.

Minor review requirements.

Location, names and widths of existing and proposed streets, highways, easements, buildings lines, alleys, parks and other public spaces and similar facts regarding adjacent property.

Proposed development activities and design.

Generally.

(1)

Area and percentage of total site area to be covered by impervious surface.

(2)

Grading plans specifically including perimeter grading.

(3)

Construction phase lines.

Buildings and other structures.

(1)

Building plan showing the location, dimensions, gross floor area and proposed use of buildings.

(2)

Architectural or engineering elevations of all sides of all buildings larger than a one- or two-family dwelling unit.

(3)

Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.

(4)

Minimum flood elevations of buildings within any 100-year floodplain.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

Streets, parking, loading.

(1)

The layout of all streets, bike paths and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

(2)

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading area, proposed ingress and egress (including proposed public street modifications) and projected on-site traffic flow.

(3)

The location of all exterior lighting.

Landscaping.

(1)

Location and dimensions of proposed buffer zones and landscaped areas.

(2)

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

Reserved.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations and the like.

Location of on-site wells and wells within 1,000 feet of any property line, exceeding 100,000 gallons per day.

Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.

Number, height and type of residential units.

Floor area, height and types of office, commercial, industrial and other proposed uses.

Major review requirements.

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as any additional unit or section by the same developer or his successors in title. Every subdivision name shall have legible lettering of the same size and type including the words ``section,'' ``unit,'' ``replat,'' ``amended'' and the like. The name of the development shall be indicated on every page.

A master plan is required for a major development which is to be developed in phases. A master plan shall provide the following information for the entire development:

A development plan for the first phase or phases for which approval is sought.

A development phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas facilities.

Total land area and approximate location and amount of open space included in each residential, office, commercial and industrial area.

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

Approximate location and acreage of any proposed public uses such as parks, school sites and similar public or semipublic uses.

A vicinity map of the area within 300 feet surrounding the site showing:

(1)

Land use designations and boundaries.

(2)

Traffic circulation systems.

(3)

Major public facilities.

(4)

Municipal boundary lines.

Base flood elevations for all lots.

Optional review requirements.

A soils map of the site (existing U.S. Soil Conservation Service maps are acceptable).

A topographic map of the site clearly showing the location, identification and elevation of benchmarks, including at least one benchmark for each major water control structure.

A detailed overall project area map showing existing hydrography and runoff patterns and the size, location, topography and land use of any off-site areas that drain onto, through or from the project area.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonally high water table elevations and attendant drainage area for each.

A map showing the locations of any soil borings or percolation tests.

A depiction of the site and all land within 400 feet of any property line of the site, showing the locations of environmentally sensitive areas.

The location of any underground or overhead utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.

The 100-year flood elevation, minimum required floor elevation and boundaries of the 100-year floodplain for all parts of the proposed development.

Drainage basin or watershed boundaries identifying locations of the routes of off-site water onto, through or around the project.

10.

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of the development at which they will be put into place or used, and maintenance provisions.

11.

A description of the proposed stormwater management system, including:

Channel, direction, flow rate and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans and predictions of surface water quality changes.

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths and water-surface elevations or hydrographs.

Linkages with existing or planned stormwater management systems.

On- and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

The entity or agency responsible for the operation and maintenance of the stormwater management system.

12.

The location of off-site water resource facilities such as works, surface water management systems, wells or well fields that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

13.

Runoff calculations.

14.

Amount of each area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

15.

Identification of any historical areas or structures which may be affected by the development.

Environmentally sensitive area requirements.

The exact sites and specifications for all proposed drainage, filling, grading, dredging and vegetation removal activities including estimated quantities of excavation or fill materials computed from gross sections, proposed within an environmentally sensitive area.

Detailed statement or other materials showing the following:

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

The distances between development activities and the boundaries of the environmentally sensitive area.

The manner in which habitats of endangered and threatened species are protected.

§ 10.02.04. Review of major developments

Latest version.

Procedure.

The applicant shall submit the major development plan and supporting documentation, pursuant to section 10.02.03, to the city.

After receipt of the above, the city shall have 30 days to:

Determine that the application is complete and proceed with the review; or

Determine that the application is incomplete and inform the applicant by certified mail, return receipt requested, of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within 45 days of receipt of the letter of incompleteness, to proceed with the review.

The city shall then route the application to members of the planning and zoning commission and any applicable agencies within five days and review the major development plan for compliance with this code and other applicable rules and regulations within 30 days.

Within three days of the completion of the review, the chairman of the planning and zoning commission shall convene a meeting of the planning and zoning commission to review the application. The results of the planning and zoning commission meeting shall be transmitted to the applicant, in writing, certified receipt requested. The applicant shall have 45 days from the receipt of the planning and zoning commission comments to respond to them.

Within 45 days of the receipt of any revisions to the application pursuant to the planning and zoning commission's comments, the commission shall have an additional 30 days to review the revised application and issue a recommendation approving, approving with conditions or denying the application based upon the requirements of this code.

The planning and zoning commission shall consider the application at a regularly scheduled public hearing which has been noticed pursuant to the requirements of section 10.02.09. In reviewing the application, the planning and zoning commission shall consider the recommendation of the city building official and shall determine whether the proposed development specified in the application meets the provisions of this code. The planning and zoning commission shall approve, approve with conditions or deny the application. The decision on the application shall be forwarded to the city council for final action.

The city council shall consider the application at a regularly scheduled public hearing which has been noticed pursuant to the requirements in section 10.02.08. In reviewing the application, the city council shall consider the recommendations of the planning and zoning commission and shall determine whether the proposed development specified in the application meets the provisions of this code. The city council shall approve, approve with conditions or deny the application.

Notification of the city council's decision shall be mailed to the applicant and filed with the city.

Expiration. A development permit for a major development shall be valid for a period of one year and may be renewed for a cumulative period not to exceed one year subject to the provisions of section 3.01.03, Expiration of Certificate of Concurrency.

§ 10.02.05. Review of minor developments

Latest version.

Procedure.

The application [applicant] shall submit the minor development plan and supporting documentation pursuant to section 10.02.03 to the city building official.

After receipt of the above, the city building official shall have 30 working days to:

Determine that the application is complete and proceed with the review; or

Determine that the application is incomplete and inform the applicant by certified mail, return receipt requested [to] submit a revised application, correcting the deficiencies within 45 days of receipt of the letter of incompleteness, to proceed with the review.

Expiration. A development permit for a minor development shall be valid for a period of one year and may be renewed only once for a period not to exceed one year subject to the provisions of section 3.01.03, Expiration of Certificate of Concurrency.

§ 10.02.06. Intergovernment review

Latest version.

Should a proposed development impact adjacent jurisdictions, as determined by the planning and zoning commission, the impacted jurisdictions will be notified in writing of the proposed development and given an opportunity to identify specific issues of concern. Such correspondence shall be submitted, along with the planning and zoning commission's recommendation to the city council.

§ 10.02.07. Project phasing

Latest version.

A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the site development plan for the first phase of the development and must be approved prior to approval of the site development plan for the first phase. A site development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

§ 10.02.08. Notice requirements

Latest version.

Notice of all public hearings which are required by a provision of this code shall be given as follows, unless expressly stated otherwise:

Content of notice. Every required notice shall include: the date, time and place of the hearing; a description of the substance of the subject matter that will be discussed at the hearing; a legal description of the properties directly affected including the street address when available; a statement of the body conducting the hearing; a brief statement of what action the body conducting the hearing may be authorized to take; and a statement that the hearing may be continued from time to time as may be necessary. Notices for public hearings before the planning commission on amendments to the future land use map shall also contain a geographic location map which clearly indicates the area covered by the proposed amendment. The map shall include major street names as a means of identification of the area.

Publication. Publication of the notice shall be as follows:

Generally. Except as provided in paragraph 2. below, notice of all public hearings and appeals from a decision, order, requirement or determination of an administrative officer or board of the city shall be properly advertised in a newspaper of general circulation not more than 30 days nor less than ten days before the date of the hearing, excluding Sundays and legal holidays.

Amendments to the text of this code. Any amendments to the text of this code shall require public hearing and publication of notice as follows:

The city council shall hold two advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second hearing shall be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The date, time and place at which the second public hearing will be held shall be announced at the first public hearing.

Public inspection. A copy of the notice of public hearing shall be available in the city hall during regular business hours.

Conduct of the hearing. Public hearings shall be conducted in the following manner:

Any person may appear at a public hearing, or may be represented by counsel or agent, and may submit documents, materials and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall identify himself, his address and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restriction on the presentation of testimony and the submission of documents and other materials.

The body conducting the hearing may continue the hearing to a fixed date, time and place.

Record of the hearing.

The transcript of testimony, when and if available, the minutes of the secretary, all applications, exhibits, documents, materials and papers submitted in any proceeding before the decision-making body, the report of the planning commission and the decision and report of the decision-making body shall constitute the record.

The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person to the city and payment of a fee to cover the cost of transcription, the record may be transcribed and a copy provided to that person.

Any person shall be entitled to examine the record, at a reasonable time, or make copies at his own expense at the city hall.

Action by decision-making body. The decision-making body shall render its decision within 45 days, unless stated otherwise in this code.

Notification. Notification of the final decision on an application shall be mailed to all parties. A copy of the final decision shall be filed in the city hall.

§ 10.02.09. Required contents of development orders

Latest version.

Preliminary development order. A preliminary development order shall contain the following:

An approved preliminary development order (may be subject to conditions and modifications) with findings and conclusions.

A listing of conditions that must be met, and modifications to the preliminary development plan that must be made, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.

A listing of federal, state and regional permits that must be obtained in order for a final development order to be issued.

With regard to the concurrency management requirements in chapter III:

The determination of concurrency.

The time period for which the preliminary order is valid.

Final development order. A final development order shall contain the following:

A determination that, where one was required, a valid preliminary development order exists for the requested development.

An approved final development plan with findings and conclusions.

A determination that all conditions of the preliminary development order have been met.

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

A specific time period during which the development order is valid and during which time development shall commence. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.

§ 10.02.10. Guarantees

Latest version.

Applicability.

The provisions of this section apply to all proposed developments in the city, including private road subdivisions.

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in chapter III of this code.

Improvements agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

Agreement that all improvements, whether required by this code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this code.

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated.

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

Estimate prepared and provided by the applicant's engineer.

A copy of the executed construction contract provided by the developer.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

Agreement that upon failure of the applicant to make the required improvements (or to cause them to be made) according to the schedule for making those improvements, the city may take appropriate legal action to enforce the agreement, and may recover the attorney fees and costs incurred in bringing the action.

Appendix 10.03.00. Additional Requirements For Subdivisions

§ 10.03.01. Generally

Latest version.

Where proposed minor or major development includes the subdivision of land, the final approval of the development plan by the city shall be made contingent upon approval by the city council of a plat conforming to the development plan and the provisions of this section.

§ 10.03.02. Filing with the planning and zoning commission

Latest version.

After receiving plat-contingent final development plan approval, the developer shall submit to the planning and zoning commission a plat conforming to the development plan and the requirements of F.S. ch. 177. Alternatively, the developer may submit a plat at any point in the development review process.

§ 10.03.03. Review by the planning and zoning commission

Latest version.

The planning and zoning commission shall, within 30 days of receiving the plat, determine whether the plat conforms to the approved development plan and the requirements of F.S. ch. 177. If the planning and zoning commission determines that the plat so conforms, it shall place the plat on the next available agenda of the planning and zoning commission allowing for required notice pursuant to section 10.02.08. If it does not conform, the planning and zoning commission shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be submitted for approval.

§ 10.03.04. Review by city council

Latest version.

Review of the plat by the city council shall be strictly limited to whether the plat conforms to the requirements of F.S. ch. 177. A conforming plat shall be approved and the city council shall forthwith issue the development order allowing development to proceed. The city council shall return the nonconforming plats to the developer with an explanation of deficiencies and a notice that a correct plat may be resubmitted for approval.

Appendix 10.04.00. Dedication And Otherdisposition Of Right-Of-Wayand Common Lands

§ 10.04.01. Acceptance by planning and zoning commission

Latest version.

Approval of subdivision plans and plats by the planning and zoning commission shall not constitute or effect an acceptance of the dedication of any street or any other ground shown upon the plat, which acceptance of dedication must be approved by the city council.

Appendix 10.05.00. Minor Replats And Lot Splits

§ 10.05.01. Review by the planning and zoning commission

Latest version.

Generally. The planning and zoning commission may approve a minor replat that conforms to the requirements of this section. Division of land among family members shall be excluded from the submittal and recordation requirements of this section.

Submittals. The planning and zoning commission shall consider a proposed minor replat upon the submittal of the following materials:

An application form provided by the city;

Three paper copies of the proposed minor replat;

A statement indicating whether water and/or sanitary sewer service is available to the property; and

Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division prepared by a professional land surveyor registered in the State of Florida. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application.

Review procedure.

The planning and zoning commission shall transmit a copy of the proposed minor replat to any other appropriate departments of the city for review and comments.

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the planning and zoning commission shall approve the minor replat by signing the application form.

Recordation. Upon approval of the minor replat, the planning and zoning commission shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the official records of Gadsden County.

§ 10.05.02. Standards and restrictions

Latest version.

Standards. All minor replats shall conform to the following standards:

Each proposed lot must conform to the requirements of this code.

Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum lot dimensions for the land use district where the lots are located.

Appendix 10.06.00. Development Permits

§ 10.06.01. Application

Latest version.

Application for a development permit shall be made to the city on a form provided by the city and may be acted upon by the city without public hearing or notice. No portion of permit fees will be refunded if the permit becomes void.

§ 10.06.02. Building and site clearing permits

Latest version.

Generally. The erection, alteration or reconstruction of any building or structure shall not be commenced without obtaining a building permit from the city building official. No building permit shall be issued for development without written certification that plans submitted conform to applicable regulations.

Time limitation. Building and site clearing permits shall expire and become null and void if work authorized by such permits is not commenced, having called for and received a satisfactory inspection, within six months from the date of issuance of the permit, or if the work is not completed within one year from the date of issuance of the building permit, except that the time may be extended by the city building official, subject to compliance with the provisions of section 3.01.03, if any of the following occur:

A time schedule has been submitted and approved by the city building official, predicated upon customary time for construction of similar buildings, prior to the issuance of the building permit, indicating completion of construction in excess of one year; or

The developer furnishes the city building official satisfactory evidence in writing that the delay is due to the unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in specifications; or

The delay is due to delay in delivery of construction supplies or materials; or

The delay is due to fire, weather conditions, civil commotion or strike.

[Continuation of construction.] In order to continue construction once a building or site clearing permit becomes null and void or expires, the permittee shall reapply and obtain a new building permit covering the proposed construction before proceeding with construction. The permittee shall comply with all regulations in existence at the time application is made for a new building or site clearing permit.

[Expiration of prior permits.] Any building or site clearing permit issued prior to the effective date of this code shall expire and become null and void 18 months from the date of issuance thereof unless construction is delayed for reasons enumerated in section 10.06.02 B., and the contractor so notifies the city in writing in accordance with section 10.06.02 B., provided, a schedule may be submitted for approval within 30 days from the effective date of this code for any construction presently underway requiring in excess of 18 months to complete.

§ 10.06.03. Drive permits

Latest version.

Generally. Any person seeking to construct or reconstruct any curb cut or driveway on any city-owned or -maintained public road shall submit a permit application to the city which may be issued by the city.

Contents. The original and two copies of the permit application shall be submitted to the city and include the following information:

Name and address of the owner of the property on which the driveway is proposed to be located.

Except for one- and two-family residences, a set of detailed plans for the proposed driveway or curb cut (including the site development plan if applicable).

Except for one- and two-family residences, estimate cost of the alteration.

Approval from the Florida department of transportation, if applicable.

Payment of the applicable fee.

All other information deemed necessary by the city for the reasonable review of the proposed driveway connection.

Procedure for review of driveway permit applications. Within 45 days after the application has been submitted, the city shall review the application and determine if it is complete. If the city determines that the application is incomplete, it shall send the applicant a written statement specifying the deficiencies, and shall take no further action unless the deficiencies have been remedied. Within 45 days after the city has determined an application complete, the city shall approve the conditions or deny the application based upon the standards in section 6.01.06. Notification of the decision shall be mailed to the applicant and filed in the city hall.

§ 10.06.04. Right-of-way use permit

Latest version.

Generally. City right-of-way use permits are required for the use of city rights-of-way or easements for the construction, installation or maintenance of any public or private utility, roadway or any other facility, structure, driveway, culvert, drainage system, pavement, easements or object in the right-of-way approved by the city council other than those constructed or maintained by the city.

Exemptions. No permit shall be required for the following:

Construction of water, sewer, power, telephone or gas utilities in subdivisions in accordance with engineering drawings approved by the city where such construction will be completed prior to acceptance of road right-of-way by the city.

Repairs of previously permitted utilities in the right-of-way; provided, however, such repairs do not require cutting of any pavement, including curbs and driveways or excavation requiring restoration involving seeding or mulching and/or sodding.

Prohibitions. The following shall be prohibited within city right-of-way:

Construction of masonry or other substantial structures other than for permitted utilities.

Private signs.

Application procedures. Applications for a permit, accompanied by the appropriate fee, shall be submitted to the city. The application shall be on a form approved and designated by the city and in accordance with the procedure established by the city. The city shall, upon request for a permit application, provide to the applicant a copy of the current right-of-way utilization application procedures. All right-of-way use permits shall meet the specifications and guidelines set forth in this code.

Compliance requirements. Applicants for right-of-way use permits shall comply with the following requirements:

Submittals. The following information shall be provided by applicants for all city permits under this article: the name, local address and phone number of applicant, the date, the precise description of the work proposed, including three copies of a drawing of the intended construction, the location of the work, any special conditions, a maintenance traffic plan and any other submittals and information as may be required by the city building official to reasonably exercise his authority hereunder.

Approving authority. The city building official shall have the authority to approve, approve with conditions or deny applications.

Time limit. The permit shall be considered valid for 60 days beginning on the date of issuance. If work does not commence by the 60th day, the permit shall be considered void and reapplication will be necessary. Work must be completed by the completion date indicated on the application. Work not completed by the completion date will be subject to stop work order, reapplication, additional fee or other remedy as may be required by the city building official or city council.

Restoration. No person shall use city rights-of-way or easements for any purpose for which a permit is required by this section without first obtaining a permit therefor. In the event the city rights-of-way or easements are used and/or construction takes place without a permit, upon written notice by the approving authority, the person shall remove any constructed facility, restore the area to its original condition and cease any nonpermitted use.

§ 10.06.05. Tree removal permits

Latest version.

Generally. Unless otherwise provided in this code, no person shall remove any protected tree from any lot or parcel of land or portion thereof within the city without first obtaining a tree removal permit from the city unless exempt pursuant to section 5.03.04 of this code.

Permit application and other administrative requirements. Any person desiring a tree removal permit shall make written application to the city upon forms provided by the city building official.

The application form shall be accurately completed, signed and notarized by the landowner or his agent. If the application is submitted by an agent, it shall include a notarized agency agreement clearly indicating that the landowner has delegated full authority to apply for the permit and to accept the terms of any special conditions which may be imposed by the city in accordance with this chapter. The application shall include the name, address and telephone number of the landowner and his agent.

The application for a tree removal permit shall set forth the reasons for the need to remove the protected tree. The city may require that the application include such additional information which is reasonable and necessary for adequate administration of this section.

The filing of an application shall be deemed to extend permission to the city to inspect the subject site if necessary for purpose of evaluating the application.

For those applications which are not being processed concurrently with a site development plan, the city shall review each complete application and shall render a decision within 30 days of acceptance. If no decision is made within the indicated time period, the permit shall be deemed to have been granted in accordance with the information on the application. If the permit is not issued, the city building official shall state in writing the reasons for denial and advise the applicant of any appeal remedies available. For good cause, the city may request one extension from the applicant of an additional 30 days in which to make a determination, provided the extension is requested prior to expiration of the initial 30-day period.

Any permit issued hereunder shall remain valid for a term of six months and may be renewable for a second six-month period upon request to the city provided such request occurs prior to the expiration date of the initial permit. The city building official may require reapplication and full review in those renewal cases where site conditions have changed significantly from the date of issuance of the initial permit as a result of natural growth of trees and vegetation, or high winds, hurricane, tornado, flooding, fire or other act of nature. If a permit required by this section has been issued concurrently with a bona fide site development plan, then such permit shall run concurrently with the bona fide site development plan and shall be renewed together therewith.

Tree removal permits shall automatically expire and become void if the work authorized by such permit is not commenced within six months after the date of the permit.

Tree removal permits shall expire and become void if authorized removal work, once commenced, is suspended, discontinued or abandoned for a period equal to or greater than six months.

If a tree removal permit expires or becomes void after work has commenced, a new permit shall be obtained before work is resumed.

Enforcement and penalties.

Enforcement, penalties, appeals and remedy of matters related to this section shall be the responsibility of the city.

Each person who commits, attempts to commit, conspires to commit or aids and abets in the commission of any act declared herein to be in violation of this section, whether individually or in connection with one or more persons, or as a principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully entices, causes, coerces, requires, permits or directs another to violate any provision of this section is likewise guilty of such offense.

No preliminary development orders, final development orders or development permits shall be issued to any violator of this section until the violation(s) have been properly abated to the satisfaction of the city.

In any enforcement proceeding, the adjudicating body may consider mitigating measures voluntarily undertaken by the alleged violator such as replacement or relocation of protected trees or other landscaping improvements, in fashioning its remedy, in addition to or in lieu of other penalties provided by law. Such body may also require such restorative measures in addition to or in lieu of other penalties provided by law.

Appendix 10.07.00. Exemptions And Vested Rights

§ 10.07.01. Types of vested rights

Latest version.

Generally. There shall be two types of vested rights under the comprehensive plan for the City of Chattahoochee, which shall entitle the holder of such vested rights to develop the property which is the subject of such vested rights as was allowed pursuant to the laws and regulations in existence on November 5, 1991, and those provisions of the comprehensive plan for the City of Chattahoochee, Florida, that merely restate such law and regulation, including both compliance with the comprehensive plan for the City of Chattahoochee, Florida, and satisfaction of concurrency requirements, except that concurrency requirements shall not be vested as to sewer and roads, unless the city council finds that such development would constitute a peril to the public health, safety or general welfare of the residents of the city.

Types of vested rights.

Those vested rights acquired pursuant to a residential use permit as defined in section 10-07-02 and;

Those vested rights acquired pursuant to a special use permit as defined in section 10.07.03

Conditions. All such vested rights permits shall be subject to the various provisions of this chapter.

§ 10.07.02. Vested rights residential use permit

Latest version.

A vested rights residential use permit shall be issued by the city council to the owner of a duly recorded, as of November 5, 1991, parcel of record entitling such owner to develop a single-family dwelling unit on such parcel subject only to the requirements of the prior regulations. The applicant for a vested rights residential use permit shall submit to the city official that the city council may from time to time designate, at the time of application for a building permit for a single-family dwelling unit, a copy of a subdivision plat, deed, agreement, map, survey or other drawing which was recorded in the public records of Gadsden County, Florida, on or before November 5, 1991, which demonstrates the existence of an individual parcel of property owned by the applicant, and such submission shall entitle the applicant to a vested rights residential use permit.

§ 10.07.03. Vested rights special use permit

Latest version.

[A.

Issuance.] A vested rights special use permit may be issued by the city with the concurrence of the city council, or such official as the city council may designate from time to time, if the applicant meets the criteria as follows:

Presentation of a sufficient showing that the applicant has been issued a final development order and development has commenced and is continuing in good faith; or

A satisfactory showing that the property owner has relied to his detriment by making a material change in his position in good faith on a commitment by or omission of the city.

Relevant factors. In making this determination, all relevant factors shall be considered, including but not limited to the following:

Whether construction has commenced;

Whether the planned development is part of a phased development, a portion of which has been commenced with the reasonable expectation that the proposed development would be included in the overall development;

Whether the expense or obligation has been incurred which is unique to the development;

Whether the development satisfied all prior regulations.

Factors not considered development expenditures or obligations. Without more, the following are not considered to be development expenditures or obligations in and of themselves:

Expenditures for legal or other professional services that are not related to the design or construction of improvements;

Payment of taxes;

Expenditures for initial acquisition of land.

Time limits. On or before September 1, 1995, an application for a vested rights special use permit may be submitted to the city on such forms as may be provided from time to time. The vested rights special use permit will be granted or denied within 90 days of the filing of the application thereof.

§ 10.07.04. Limitations

Latest version.

Vested rights residential use permits and vested rights special use permits shall be issued with the following limitations:

There shall be no vesting as to satisfying the concurrency requirements of the comprehensive plan of the City of Chattahoochee, Florida, as to sewer and roads;

Upon the expiration of five years from the date of issuance of a vested rights residential use permit, the development subject to such permits shall no longer be vested as to satisfying any concurrency requirements of the comprehensive plan for the City of Chattahoochee, Florida, and shall be subject to the requirements for the determination of capacity of public facilities and the availability of such public facilities as required by the comprehensive plan for the City of Chattahoochee, Florida. Notwithstanding the foregoing, vested rights granted pursuant to this chapter may be extended by the city council upon finding that such extension is reasonable and necessary in light of the development approved; and

All development subject to a vested rights special use permit or a vested rights residential use permit must be consistent with the terms of the development approvals upon which such permit was based.

§ 10.07.05. Legal status of vested rights

Latest version.

Vested rights established pursuant to this chapter shall apply to the land and therefore may be transferred from owner to owner. Subject to the limitations set forth in this chapter, a vested rights special use permit or a vested rights residential use permit vests the development approved under such permit with respect to the comprehensive plan of the City of Chattahoochee, Florida, this code and the requirements for the determination for the capacity of public facilities and the availability of public facilities except as to sewer and roads.

Appendix 10.08.00. Land Development Code Amendments

§ 10.08.01. State law controlling

Latest version.

The procedures in this part shall be followed in amending this code. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

§ 10.08.02. Application

Latest version.

Generally. Any person, board or agency may apply to the city to amend this code in compliance with procedures, not inconsistent with state law, prescribed by the city.

§ 10.08.03. Standards for review

Latest version.

In reviewing a proposed amendment to the text of this code, the city council shall consider:

Whether the proposed amendment is in conflict with any applicable provisions of this code;

Whether the proposed amendment is consistent with all elements of the comprehensive plan for the City of Chattahoochee, Florida;

Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses;

Whether there have been changed conditions that require an amendment;

Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to, roads, sewage [sewer] facilities, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities;

Whether and to the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;

Whether and the extent to which the proposed amendment would adversely affect the property values in the area;

Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

Whether the proposed amendment would be in conflict with the public interest, and in harmony with the purpose and interest of this code; and

Any other matter that may be deemed appropriate by the planning and zoning commission or the city council, in review and consideration of the proposed amendment.

Appendix 10.09.00. Enforcement Of Development Orders And Permits

§ 10.09.01. Major and minor deviations

Latest version.

Minor deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

Reduction of the total amount of open space by not more than five percent, or a reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this code.

Major deviations. A major deviation is a deviation other than a minor deviation, from the final development plan.

§ 10.09.02. Ongoing inspections

Latest version.

Inspection. The city building official or his designate shall perform periodic inspection of development work in progress to ensure compliance with the development permit which authorized the activity.

Minor deviations. If the work is found to have one or more minor deviations, the city shall amend the development order to conform to actual development. The city may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this code to the planning and zoning commission for treatment as a major deviation.

Major deviations.

If the work is found to have one or more major deviations the planning and zoning commission shall:

Place the matter on the next agenda of the planning and zoning commission allowing for adequate notice, and recommend appropriate action for the city council to take.

Issue a stop work order or other legal action available to remedy the deviation and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the city determines that work or occupancy may proceed pursuant to the decision of the city council.

The city council shall hold a public hearing on the matter and shall take one of the following actions:

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time specified by the city council. The development order or permit may be revoked if this order is not complied with.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this code.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

§ 10.09.03. Application for certificate of occupancy

Latest version.

Upon completion of work authorized by a development order or permit, and before the development is occupied, the developer shall apply to the city for a certificate of occupancy. The city shall have the work inspected and issue the certificate if found to be in conformity with the permit or order.

Appendix 10.10.00. Code Enforcement

§ 10.10.01. Generally

Latest version.

The city council shall enforce this code according to the procedures set forth below.

§ 10.10.02. Enforcement procedures

Latest version.

When the city has reason to believe that the provisions of this code are being violated, it shall initiate enforcement proceeding. No member of the city council may initiate enforcement proceedings.

The city shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the city shall notify the violator and schedule a hearing. If a violation presents a serious threat to the public health, safety and welfare the city council shall immediately consider this case at a regular or special called meeting, even if the violator has not been notified.

Written notice of a hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

After a case is set for hearing, the mayor may issue subpoenas as requested by any party. Subpoenas may be served by the Gadsden County sheriff.

Hearings before the city council shall be conducted as follows:

The mayor shall read the statement of violations.

The alleged violator shall be asked if he or she wishes to contest the charges.

The city shall present its case and the alleged violator shall present his or her case. The city's case shall be presented by an attorney representing the city or by a member of the administrative staff of the city. The alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded in some fashion, although the presence of a court reporter is not required, but is an option which may be exercised by either party.

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

Both parties may cross examine witnesses and present rebuttal evidence.

The city council and its attorney may call or question any witness.

After all evidence has been submitted, the mayor shall close presentation of evidence.

The city council shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the city council shall adjourn and reconsider the matter as soon as possible at a time and date certain.

10.

A decision of the city council must be approved by a majority of the members of the council. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the city council.

11.

The decision shall not be announced as an oral order of the council and shall be reduced to writing within ten days and mailed by certified mail, return receipt requested to the parties.

12.

The city council may, at any hearing, order the reappearance of a party at a future hearing.

The city council, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed $250.00 for each day the violation continues past the specified compliance date.

After an order has been issued by the city council and a date for compliance has been set, the city shall make a reinspection to determine compliance or noncompliance with the order.

The inspector shall file an affidavit of compliance or noncompliance with the mayor, and a copy shall be sent to the violator by certified mail, return receipt requested.

If the city files an affidavit of compliance, the mayor shall close the file and so report to the city council.

If the city files an affidavit of noncompliance with the mayor, the city council may order the violator to pay the fine as specified in the council's order.

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, or personally served upon the violator.

If a fine remains unpaid for a period of 14 days, a certified copy of the order imposing the fine shall be recorded in the official records of Gadsden County, which shall thereafter constitute a lien against the land on which the violations exist, or if the violator does not own the land, upon any other real or personal property and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property. If the fine remains unpaid for a period of one year following the date the lien was filed, the city council may authorize the city attorney to foreclose on the lien.

In addition to the penalties prescribed above, the city council shall:

Direct the city building official not to issue any subsequent development orders for the development until the violation has been corrected.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

§ 10.10.03. Complaints regarding violations

Latest version.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this ordinance.

(Ord. No. 288, § 15, 12-1-70)

10.11.00. - Board Of Adjustment

§ 10.11.01. Established; proceedings; hearings.

Latest version.

A board of adjustment is hereby established, which shall consist of five members to be appointed by the city council, each for a term of three years. Members of the board of adjustment may be removed from office by the city council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the city council for the unexpired term of the member affected.

(1)

Proceedings of the board of adjustment. The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

(2)

Hearings, appeals, notice. Appeals to the board of adjustment concerning interpretation of administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the board, by filing with the administrative official and with the board of adjustment a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(3)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

(Ord. No. 288, § 8, 12-1-70)

§ 10.11.02. Powers and duties.

Latest version.

The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance.

(2)

Special exceptions, conditions governing applications; procedures. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions shall be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the board of adjustment unless and until:

(a)

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested.

(b)

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought, at the city hall, and in one other public place at least 15 days prior to the public hearing.

(c)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(d)

The board of adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

(e)

Before any special exception shall issue, the board shall make written findings certifying compliance with the specific rules governing individual special exception and that satisfactory provisions and arrangement has been made concerning the following, where applicable:

(1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

(2)

Off-street parking and loading areas where required, with particular attention to the items in subsection (1) above and the economic, noise, glare or other effects of the special exception on adjoining properties and properties generally in the district.

(3)

Refuse and service areas, with particular reference to the items in subsections (1) and (2) above.

(4)

Utilities, with reference to locations, availability and compatibility.

(5)

Screening and buffering with reference to type, dimensions and character.

(6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(7)

Required yards and other open space.

(8)

General compatibility with adjacent properties and other property in the district.

(3)

Variance; conditions governing applications; procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until:

(a)

A written application for a variance is submitted demonstrating:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

(2)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

(3)

That the special conditions and circumstances do not result from the actions of the applicant.

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(b)

Notice of public hearing shall be given as in section (9)(2)(b) [10.11.02(2)(b)] above.

(c)

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

(d)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

[(e)

Reserved.]

(f)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under section 16 [10.10.00] of this ordinance.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

(4)

Board has powers of administrative official on appeals; reversing decision of administrative official. In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

(Ord. No. 288, § 9, 12-2-70)

§ 10.11.03. Appeals.

Latest version.

Any person or persons, or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision.

(Ord. No. 288, § 10, 12-1-70)