§ 3.3. Standard procedures.

This section describes the procedural steps, requirements, and review criteria that are generally applicable to applications for a development permit reviewed under this Code. These standard procedures shall apply to all applications for a development permit reviewed under this Code unless otherwise expressly exempted or alternative procedural requirements are specified in Section 3.4, Application—Specific procedures. Flow charts in Section 3.4 depict those procedural steps that apply to the review of the particular type of application for a development permit.

A.

Pre-Application Staff Conference.

1.

Purpose. The purpose of a pre-application staff conference is to provide an opportunity for the applicant to determine the submittal requirements and the procedures and standards applicable to an anticipated application for a development permit. A pre-application conference is also intended to provide an opportunity for City staff to become familiar with, and offer the applicant preliminary comments about, the scope, features, and impacts of the proposed development, as it relates to Code requirements. The pre-application staff conference should occur before any substantial investment in the proposed development.

2.

Applicability.

a.

Pre-Application Staff Conference Required. Except for applications for a development permit initiated by City staff, the Historic Preservation Board, a Redevelopment Board, the Planning Board, or the City Commission, a pre-application conference between the applicant and designated City staff members shall be held before submittal of the following applications:

i.

Text Amendment (Section 3.4.B);

ii.

General Zoning District Map Amendment (Section 3.4.C);

iii.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

iv.

Historic Overlay Zoning District Map Amendment (Section 3.4.E);

v.

Planned Development (Section 3.4.F);

vi.

Special Use Permit (Section 3.4.G);

vii.

Public or Semipublic Use Permit (Sec. 3.4.H);

viii.

Major Site Plan (Section 3.4.I.2.b.i);

ix.

Major Certificate of Appropriateness (Section 3.4.J.3);

x.

Variance (Section 3.4.V);

xi.

Transportation Concurrency Proportionate Share Determination (Section 3.4.Z.3); and

xii.

Comprehensive Plan Amendment.

b.

Pre-Application Conference Optional. For any application reviewed under this Code other than those listed in subparagraph [a] above, a pre-application conference with designated City staff may be requested and held at the applicant's option.

3.

Information Submitted for Conference.

a.

General. Where a pre-application staff conference is held for any application for a development permit, the applicant is encouraged to submit information describing the main elements or aspects of the proposed development to City staff at least three business days before the conference. The more information and greater review time City staff has before the conference, the more specific staff comments can be about the proposal as it relates to Code requirements.

b.

Additional Information for Specific Applications.

i.

Planned Development, Special Use Permit, Major Site Plan, and Major Subdivision Preliminary Plat. Applicants for a Planned Development, Special Use Permit, Major Site Plan, or Major Subdivision Preliminary Plat are also encouraged to submit sketch plans or conceptual drawings showing the location, general layout, and main elements of the proposed development.

ii.

Major Certificate of Appropriateness. Applicants for a Major Certificate of Appropriateness are also encouraged to submit drawings or other graphics that show the exterior facades of the proposed development.

c.

Requests for Additional Information. City staff may request the applicant to submit additional information or materials before the pre-application conference.

4.

Effect. The pre-application staff conference is intended as a means of facilitating the review process. Discussions held in accordance with this section are not binding on the City. Processing times for review of applications for a development permit do not begin until a formal application is submitted and determined to be complete.

B.

Neighborhood Meeting.

1.

Purpose. The purpose of the neighborhood meeting is to educate owners and occupants of nearby lands about an application for a development permit that is being reviewed under this Code and to provide the applicant an opportunity to hear comments and concerns about the development proposal and resolve conflicts and outstanding issues where possible.

2.

Favored Practice. Neighborhood meetings are encouraged as opportunities for informal communication between applicants and the owners and occupants of nearby lands, and other residents who may be affected by development proposals.

3.

Applicability.

a.

Neighborhood Meeting Mandatory. A neighborhood meeting is required after the pre-application staff conference and at least 21 days before any of the following applications is reviewed by an advisory body or a decision-making body (if no advisory body review is involved). This requirement does not apply if the application is one initiated by the Planning Board, a Redevelopment Board, the Historic Preservation Board, or City staff.

i.

Site-Specific Zoning District Map Amendment (Section 3.4.D);

ii.

Historic Overlay Zoning District Map Amendment (Section 3.4.E);

iii.

Planned Development (Section 3.4.F);

iv.

Special Use Permit (Section 3.4.G); or

v.

Public or Semipublic Use Permit (Section 3.4.H).

vi.

Comprehensive Plan Amendment.

b.

Neighborhood Meeting Optional. A neighborhood meeting is encouraged, but not required, of any application for a development permit reviewed under this Code other than those listed in subparagraph [a] above.

4.

Procedure. If a neighborhood meeting is held by the applicant, whether it is mandatory or voluntary, it shall comply with the following procedures:

a.

Time and Place. The meeting shall be held at a place within the City that is convenient and accessible to neighbors residing in close proximity to the land subject to the application. It shall be scheduled after 6:00 p.m. on a weekday.

b.

Notification.

i.

Mailed notice.

(a)

The applicant shall mail notice of the meeting a minimum of ten days in advance of the meeting to City staff, the owner of land subject to the application (if different from the applicant), and the owners of real property within:

(1)

300 feet of the land subject to the application, for applications for a General Zoning District Map Amendment, Site-Specific Zoning District Map Amendment, Historic Overlay District Map Amendment, Planned Development, or Special Use Permit; or

(2)

150 feet of the land subject to the application, for all other applications.

(b)

Where neighboring lands are part of a townhouse, condominium, or timeshare development, the notice may be mailed to the president or manager of the development's property owners' association instead of individual unit owners.

ii.

Posted Notice. The applicant shall post notice of the neighborhood meeting on the land subject to an application for a development permit at least ten days before the date fixed for the meeting, in a form established by City staff.

iii.

Notice Content. The notice shall state the time and place of the meeting and general nature of the development proposal.

iv.

Email Notice. City staff shall email notice to any organization or person who has registered to receive notice of development application public hearings in accordance with Section 3.3.E.3.i, Registration to Receive Notice by Email.

c.

Conduct of Meeting. At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to questions and concerns neighbors raise about the application, propose ways to resolve conflicts and concerns, and note that a summary of the meeting will be prepared and made available to the public for inspection and response.

d.

Staff Attendance. At the applicant's expense, City staff may attend the meeting for the purpose of advising attendees about applicable provisions of this Code and the comprehensive plan, but shall not serve as facilitators or become involved in discussions about the development proposal.

e.

Written Summary of Neighborhood Meeting. The applicant shall submit a written summary of the meeting to City staff at least 14 days before the application is reviewed by an advisory board or a decision-making board (if no advisory board review is involved). The summary shall include a list of meeting attendees, a summary of attendee comments, discussed issues related to the development proposal, note of the opportunity to submit a written response to the summary, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and be made available to the public for inspection.

C.

Application Submittal and Acceptance.

1.

Authority to Submit Applications. Unless expressly stated otherwise in this Code, applications for a development permit reviewed under this Code (which does not include Building Permits) shall be submitted by:

a.

The owner of the land on which development is proposed; or

b.

A person authorized to submit the application on behalf of the land owner, as evidenced by a letter or document signed by such owner.

2.

Application Contents. City staff is authorized to and shall establish the requirements for the content and form for each type of application for a development permit reviewed under this Code. City staff may amend and update these requirements as determined necessary to ensure effective and efficient City review under this Code. Applications shall include a traffic impact analysis where required in accordance with Section 6.16, Transportation Impact Analysis, or a stormwater management plan where required in accordance with Section 7.2.M.2, Stormwater Management Plan Required. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance of the proposed application for a development permit with applicable standards. (See Appendix A: Application Submittal Requirements.)

3.

Application Fees. The City Commission shall establish application fees by resolution and may amend and update those fees as determined necessary. (See Appendix B: Fees.)

4.

Submittal and Review Schedule. City staff is authorized to and shall establish the submittal and review schedule (including time frames for review) for the various types of applications for a development permit. City staff may amend and update these requirements as determined necessary to ensure effective and efficient review under this Code.

5.

Application Submittal. Applications shall be submitted to City in the form established by City staff in accordance with Subsection 2 above, along with a fee established in accordance with paragraph 3 above.

6.

Determination of Application Completeness.

a.

Completeness Review. On receiving an application, City staff shall, within five business days, determine whether the application is complete or incomplete. A complete application is one that:

i.

Contains all information and materials established by City staff as required for submittal of the particular type of application;

ii.

Is in the form established by City staff as required for submittal of the particular type of application;

iii.

Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate review standards of this Code; and

iv.

Is accompanied by the fee established for the particular type of application.

b.

Application incomplete.

i.

On determining that the application is incomplete, City staff shall—within the specified completeness review period—notify the applicant of the submittal deficiencies and offer the applicant the opportunity to pick up the incomplete application, correct the deficiencies, and resubmit the application for completeness determination. If the applicant fails to pick up the incomplete application within three business days after being notified of submittal deficiencies, the application will be considered withdrawn.

ii.

If the applicant picks up the incomplete application but fails to resubmit an application within 45 days after being notified of submittal deficiencies, the application shall be considered withdrawn.

iii.

City staff shall not process an application for further review until it is determined to be complete.

iv.

Notwithstanding the other provisions of this paragraph, after an application is determined to be incomplete three times, the applicant may request, and the City staff shall undertake, processing and review of the application even though it is not determined to be a complete application.

c.

Application Complete. On determining that the application is complete, or on receiving the applicant's request that the application be processed in accordance with Section 3.3.C.6.b.iv, City staff shall accept the application for review in accordance with the procedures and standards of this Code. The time frame and cycle for review of the application shall be based on the date the application is determined to be complete, or the date the applicant requests that it be processed in accordance with Section 3.3.C.6.b.iv.

7.

Application Revision.

a.

An applicant may submit a revised application to the City after receiving initial staff review comments on the application (See Section 3.3.D.2, Staff Review and Opportunity for Application Revision.) or on requesting and receiving permission from a review or decision-making body after that body has reviewed but not yet taken action on the application. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by the staff or the review or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the plan for development proposed in the application.

b.

Any other revisions to the application may be submitted at any time during the review procedure, but the revised application shall be submitted and reviewed as if it were a new application, and may be subject to additional application fees to defray the additional costs of processing the revised application.

8.

Application Withdrawal.

a.

An applicant may withdraw an application for a development permit at any time by submitting a letter of withdrawal to City staff.

b.

Applications withdrawn after required notice of any public hearing scheduled for the application shall be subject to limitations on the subsequent submittal of similar applications (See Section 3.3.I.5, Limitation on Subsequent Similar Applications.).

c.

If an application is withdrawn by the applicant, or deemed withdrawn by the applicant's failure to revise the application in response to a notice of compliance deficiencies (See Section 3.3.D.2, Staff Review and Opportunity for Application Revision.), no further review of the application shall take place unless or until a new application (including new application fees) is submitted and determined to be complete. Application fees shall not be refunded for withdrawn applications.

D.

Staff Review and Action.

1.

Referral of Application to Staff and Review Agencies. A complete application shall be referred to appropriate City staff and review agencies for their review, comments, recommendations, or decision, as appropriate.

2.

Staff Review and Opportunity for Application Revision. Before preparing a staff report or making a decision on an application (See Table 3.2, Summary of Development Procedures.), City staff shall review the application, relevant support material, and any comments or recommendations from other staff and review agencies to which the application was referred. If deficiencies in complying with applicable standards of this Code are identified, City staff shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies with City staff and revise the application to address them, in accordance with Section 3.3.C.7, Application Revision. If within 90 days after first being notified of compliance deficiencies, the applicant fails to submit a revised application, request that the application be processed as submitted, or request an extension of the 90-day period for good cause to complete revisions, the application shall be considered withdrawn.

3.

Applications Subject go Staff Report to an Advisory or Decision-Making Body.

a.

Staff Report. If an application is subject to staff review and a staff report to an advisory or decision-making body (See Table 3.2, Summary of Development Procedures.), City staff shall prepare a written staff report. The staff report shall conclude whether the application complies with all applicable standards of this Code, based on the review standards applicable to the application type, as set forth in Section 3.4, Application—Specific procedures. The staff report may identify how compliance deficiencies might be corrected and adverse effects of the development proposal might be mitigated.

b.

Distribution and Availability of Application and Staff Report. Within a reasonable time period before the meeting at which the application is scheduled for review by an advisory or decision-making body, City staff shall:

i.

Schedule and verify notice of any required public hearing on the application in accordance with Section 3.3.E, Public Hearing Scheduling;

ii.

Transmit the application, related materials, and the staff report to the appropriate advisory or decision-making body;

iii.

Transmit a copy of the staff report to the applicant; and

iv.

Make the application, related materials, and the staff report available for examination by the public during normal business hours, and make copies of such materials available at a reasonable cost.

4.

Applications Subject to Staff Decision.

a.

Decision. If an application is subject to staff review and a final decision by the staff (See Table 3.2, Summary of Development Procedures.), City staff shall approve the application, approve the application subject to conditions, or deny the application, based on the review standards set forth in Section 3.4, Application—Specific procedures, for the particular type of application.

b.

Conditions of Approval. Conditions of approval shall be limited to those deemed necessary to ensure compliance with the requirements and particular standards of this Code or prevent or minimize adverse effects from the proposed development on surrounding lands. They shall be related in both type and amount to the anticipated impacts of the proposed development on the public and surrounding development. All conditions of approval shall be expressly set forth in the development order.

E.

Public Hearing Scheduling and Notice.

1.

Required Public Hearings. Table 3.3.E.1, Required Public Hearings, identifies the types of applications for a development permit that require public hearings under this Code, the review bodies responsible for conducting those public hearings, and the type of required public hearing (standard or quasi-judicial).

TABLE 3.3.E.1: REQUIRED PUBLIC HEARINGS   S = Standard Public Hearing  Q = Quasi-Judicial Public Hearing
Application Type		Body Conducting Public Hearing
		Board of Building Codes	Concurrency Appeals Board	Wellfield Appeals Board	Historic Preservation Board	Board of Adjustment	Redevelopment Board	Planning Board	City Commission
Text Amendment									S
General Zoning District Map Amendment									S
Site-Specific Zoning District Map Amendment					Q		Q	Q	Q
Historic Overlay Zoning District Map Amendment					Q		Q	Q	Q
Planned Development					Q		Q	Q	Q
Special Use Permit					Q		Q	Q	Q
Public or Semipublic Use Permit								Q	Q
Major Certificate of Appropriateness					Q
Major Site Plan	Outside Redevelopment District							Q	Q
	Within Redevelopment District						Q		Q
Major Subdivision Preliminary Plat					Q			Q	Q
Final Plat									Q
Variance						Q
Appeal of decision by Redevelopment Board, Planning Board or Historic Preservation Board									Q
Appeal of City staff decision where appeal involves the application of appearance-related standards in a Redevelopment Area							Q
Appeal of City staff decision where appeal alleges an error in the interpretation of a provision of this Code								Q
Appeal of City staff decision where appeal requests a determination of disputed facts						Q
Appeal of City staff decision relating to applications for a Wellfield Protection Permit				Q
Appeal of City staff decision relating to applications for a Concurrency Certificate Determination or Concurrency Exemption			Q
Appeal of City staff decision in administering or enforcing Section 6.14.C, Floodplain Management									Q
Appeal of City staff's decision in administering Building Code or Ch. 22 of the Code of Ordinances (Building Code)		Q
Transportation Concurrency Proportionate Share Agreement									Q
Right-of-Way Vacation									S
Easement Abandonment									S
Excess Boat Slip Allocation									Q
NOTES:
1. This table depicts only those applications for a development permit for which a public hearing is required.
2. The City Commission shall hold two public hearings if the application proposes to revise the use tables in Article 5: Use Standards.
3. The City Commission shall hold two public hearings if the application is initiated by the City and proposes rezoning 10 or more contiguous acres of land.
4. The Historic Preservation Board holds a public hearing on applications only if they involve land within a Historic Overlay district.
5. A Redevelopment Board holds a public hearing on applications only if they involve land within the Redevelopment district served by the board.

 

2.

Scheduling Public Hearings.

a.

If an application is subject to a public hearing (see Table 3.3.E.1, Required Public Hearings), City staff shall ensure that the public hearing on the application is scheduled for either a regularly scheduled meeting of the body conducting the hearing or a meeting specially called for that purpose by the body conducting the hearing.

b.

The public hearing on the application shall be scheduled so there is sufficient time for preparation of a staff report and satisfaction of the public notice requirements in this Code and under State law.

3.

Public Hearing Notice.

a.

Notice timing requirements. Public notice of the public hearing on an application shall be provided in accordance with the timing requirements shown in Table 3.3.E.3, Public Hearing Notice, Public Hearing Notice Timing Requirements, for the type of application and the type of notice. In computing the required time periods, the day the notice is published or postmarked shall not be included, but the day of the hearing shall be included.

TABLE 3.3.E.3: PUBLIC HEARING NOTICE TIMING REQUIREMENTS
Application Type	Notice Timing Requirement
	Published Notices	Mailed Notices	Posted Notices
Text Amendment to revise other than Principal Use Table	Publish notice of City Commission public hearing at least 10 calendar days before the hearing
Text Amendment to revise Principal Use Table	Publish notice of first City Commission public hearing at least 7 calendar days before the hearing   Publish notice of second City Commission public hearing at least 5 calendar days before the hearing
City-initiated General, Site-Specific, or Historic Overlay Zoning District Map Amendment to reclassify 10 or more contiguous acres		Mail notice of any Historic Preservation Board public hearing on a nomination proposal at least 10 calendar days before the hearing date	Post notice of City Commission public hearing on site at least 10 calendar days before the hearing
City-initiated General, Site-Specific, or Historic Overlay Zoning District Map Amendment to reclassify parcel(s) involving less than 10 contiguous acres	Publish notice of City Commission public hearing at least 10 calendar days before the hearing	Mail notice of any Historic Preservation Board public hearing at least 10 calendar days before the hearing date   Mail notice of City Commission public hearing at least 30 calendar days before the hearing
General, Site-Specific, or Historic Overlay Zoning District Map Amendment initiated by any person other than the City	Publish notice of City Commission public hearing at least 10 calendar days before the hearing	Mail notice of any Historic Preservation Board public hearing at least 10 calendar days before the hearing   Mail notice of City Commission public hearing at least 15 calendar days before the hearing
Planned Development
Special Use Permit
Public or Semipublic Use Permit
Major Certificate of Appropriateness		Mail notice of Historic Preservation Board public hearing at least 10 calendar days before the hearing
Variance		Mail notice of Board of Adjustment public hearing at least 10 calendar days before the hearing	Post notice of Board of Adjustment public hearing on site at least 10 calendar days before the hearing
Appeal		Mail notice of City Commission, Planning Board, Board of Adjustment, or Concurrency Appeals Board public hearing at least 10 calendar days before the hearing	Post notice of City Commission, Planning Board, Board of Adjustment, or Concurrency Appeals Board public hearing on site at least 10 calendar days before the hearing
NOTES:
1. This table depicts only those development applications for which a public hearing is required.
2. The Historic Preservation Board holds a pre-application public hearing when considering whether to nominate land for Historic Overlay Zoning District Map Amendment.
3. Mailed notice is required only if Appeal pertains to a particular parcel.
4. Posted notice is required only if Appeal pertains to a particular parcel.

 

b.

Published Notice Requirements.

i.

City staff shall cause a required notice of a public hearing on an application to be prepared and published in a newspaper having general circulation in the City.

ii.

Where a published notice is required in accordance with F.S. § 166.041, the size and format of the notice shall comply with the requirements of that statute.

c.

Mailed Notice Requirements.

i.

The applicant shall mail a required notice of a public hearing on an application via first class mail to the following persons:

(a)

Owner(s) of land subject to the application (if other than the applicant);

(b)

Owners of real property within:

(1)

300 feet of the land subject to an application for a General Zoning District Map Amendment, Site-Specific Zoning District Map Amendment, Historic Overlay Zoning District Map Amendment, Planned Development, Special Use Permit, or Public or Semipublic Use Permit; or

(2)

150 feet of the land subject to an application for a Major Certificate of Appropriateness, Variance, Appeal (but only if the appeal involves a particular parcel), or Right-of-Way Vacation; and

ii.

The owner names and addresses used to mail required notices to owners of neighboring lands shall be those shown on the current ad valorem tax rolls of Volusia County.

iii.

Where the neighboring lands are part of a townhouse, condominium, or timeshare development, the notice may be mailed to the president or manager of the development's property owners association instead of individual unit owners.

d.

Posted Notice Requirements.

i.

The applicant shall place a required posted notice on the land subject to the application, at a location adjacent to each abutting street and clearly visible to traffic along the street (or if no part of the subject land abuts a street, in the right-of-way of the nearest street, and in a manner consistent with the intent of this subsection).

ii.

Posted notice shall be in a form established by City staff.

iii.

The applicant shall ensure that posted notice is maintained in place until after a final City decision on the subject application is rendered.

iv.

The posted notice shall be removed by the applicant within 14 days after a final decision on the application is rendered by the decision-making body.

e.

Notice Content. Required public notices shall, at a minimum:

i.

Identify the application;

ii.

Describe the nature and scope of the proposed development or action;

iii.

Identify the location of land subject to application (not applicable to notices posted on the subject property);

iv.

Identify the date, time, and location of the public hearing(s) being noticed; and

v.

Comply with any other notice content requirements established by State law.

f.

Affidavit of Notice. The applicant shall sign an affidavit affirming that any required mailed or posted notices of a public hearing were provided in accordance with the requirements of this subsection. The applicant shall submit the affidavit, along with any documentation proving compliance with notice requirements, to City staff at least three business days before the hearing date. The affidavit shall be in a form established by City staff.

g.

Availability of Hearing Notice for Public Inspection. The City Clerk shall keep a copy of the required published and mailed notices of a public hearing and make them available for inspection by the public during normal business hours.

h.

Applicant Responsible for Notice Costs. The applicant shall be responsible for all costs of providing required notices.

i.

Registration to Receive Notice by Email. Any person or organization may sign up on the City website at www.codb.us under "Notify Me" to receive electronic notification of all development application public hearings. To receive such notice, a person shall reregister every two years (biennially).

4.

Requests to Defer Public Hearing.

a.

Before Public Hearing Notice. If an application is subject to a public hearing and required notice of the hearing has not yet been provided, the applicant may submit a written request to defer the public hearing to City staff, who may grant the request for good cause.

b.

After Public Hearing Notice.

i.

If an application is subject to a public hearing and required notice of the hearing has already been provided, the applicant may request that the hearing be deferred by submitting a written request for deferral to the body scheduled to hold the hearing. On receiving such a request, the body may grant the request for good cause, or if finding no good cause for deferral, may proceed to hold the hearing, then consider and act on the application.

ii.

If the body grants the request for deferral, it shall concurrently set a new hearing date for the application.

iii.

If a deferral is granted, the application may be subject to additional application fees to defray the additional costs of processing the application.

F.

Public Hearing Procedures. If the application is subject to a public hearing by an advisory body or the decision-making body (See Table 3.3.E.1, Required Public Hearings.), the advisory or decision-making body shall hold the public hearing in accordance with the following procedures, as appropriate to the type of hearing.

1.

General.

a.

Rights of All Persons. Any person may appear at the public hearing and submit documents, materials, and other written or oral testimony, either individually or as a representative of an organization. Persons speaking at the hearing shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.

b.

Restrictions on Presentations. The body conducting the public hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

c.

Continuance of Hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause.

d.

Record of Hearing Proceedings. The body conducting the public hearing shall record the proceedings by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time.

e.

Burden of Proof and Persuasion. The applicant bears the burden of demonstrating that an application complies with applicable review standards. The burden is not on the City or other parties to show that the standards are not met by the applicant.

2.

Standard Public Hearings. If the public hearing is a standard hearing (See Table 3.2, Summary of Development Procedures.), the hearing shall be subject to the following order of proceedings:

a.

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing.

b.

Staff Presentation. City staff may provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior advisory body findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation.

c.

Applicant Presentation. The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation.

d.

Public Comment. Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.

e.

Responses to Presentations and Comments.

i.

The applicant may respond to any testimony, comments, documents, or materials presented by City staff or the public.

ii.

City staff may respond to any testimony, comments, documents, or materials presented by the applicant or the public.

f.

Close of Hearing. The person chairing the body conducting the hearing shall close the public hearing.

3.

Quasi-Judicial Public Hearing Procedures.

a.

Order of Proceedings. If the public hearing is a quasi-judicial hearing (See Table 3.2, Summary of Development Procedures.), the hearing shall be subject to the following order of proceedings:

i.

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing.

ii.

Swearing In or Affirmation of Witnesses. The person chairing the body conducting the hearing shall swear in or affirm all persons who will testify at the hearing, if requested by any party.

iii.

Staff Presentation. City staff shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior advisory body findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. The applicant and affected parties may also ask questions of each witness.

iv.

Applicant Presentation. The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. City staff and affected parties may also ask questions of each witness.

v.

Affected Parties' Presentations. Parties affected by the proposed application (See definition of "affected party" in Section 11.5, Terms and Uses Defined.) may present any information the affected party deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each witness after the witness's presentation. City staff and the applicant may also ask questions of each witness.

vi.

Public Comment. Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.

vii.

Responses to Presentations and Comments.

(a)

The applicant may respond to any testimony, comments, documents, or materials presented by City staff, affected parties, or the public.

(b)

Affected parties may respond to any testimony, comments, documents, or materials presented by City staff, the applicant, or the public.

(c)

City staff may respond to any testimony, comments, documents, or materials presented by the applicant, affected parties, or the public, in that order.

viii.

Conclusions. Affected parties, the applicant, and City staff may present brief conclusionary statements.

ix.

Close of Hearing. The person chairing the body conducting the hearing shall close the public hearing.

b.

Evidence. The body conducting the hearing may consider all testimony and evidence it deems competent and material to the application, and may exclude testimony or evidence it determines to be irrelevant, immaterial, incompetent, unreliable, or unduly repetitious.

c.

Cross-Examination. Any inquiry under cross-examination shall be limited to matters raised in the direct examination of the witness. No re-direct or re-cross shall be allowed unless requested by the applicant, an affected party, or the City along with a statement of the desired area of inquiry, and the request is approved by the person chairing the body conducting the hearing. If re-direct or re-cross is allowed, it shall be limited to questions of the witness on issues raised in the cross-examination.

d.

Public Hearing Record. The public hearing record shall include the application, the staff report, this Code, any advisory body proceedings and recommendations on the application, all testimony offered at the hearing, and all written materials concerning the application presented or entered into the record at the hearing by City staff, the applicant, affected parties, or the public.

G.

Advisory Body Review and Recommendation. If an application is subject to a recommendation by the Planning Board, a Redevelopment Board, or the Historic Preservation Board (See Table 3.2, Summary of Development Procedures.), such advisory body shall review and act on the application in accordance with the following procedures.

1.

The advisory body shall hold any required public hearing (See Table 3.3.E.1, Required Public Hearings.) in accordance with Section 3.3.F, Public Hearing Procedures, and consider the application, relevant support materials, staff report, and any public comments. It shall then recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 3.4, Application—Specific procedures.

2.

The advisory body shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

H.

Decision-Making Body Review and Decision. If an application is subject to a final decision by the City Commission, the Planning Board, a Redevelopment Board, the Historic Preservation Board, the Board of Adjustment, the Concurrency Appeals Board, or the Board of Building Codes (See Table 3.2, Summary of Review Procedures.), such decision-making body shall review and decide the application in accordance with the following procedures.

1.

Review and Decision.

a.

General.

i.

The decision-making body shall hold any required public hearing (See Table 3.3.E.1, Required Public Hearings.) in accordance with Section 3.3.F, Public Hearing Procedures, and consider the application, relevant support materials, staff report, any advisory body recommendations, and any public comments. It shall then make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 3.4, Application—Specific procedures.

ii.

The decision-making body shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

b.

Additional Requirements after a Quasi-Judicial Public Hearing. If the application is subject to a quasi-judicial public hearing (See Table 3.3.E.1, Required Public Hearings.), the decision-making body's review and decision shall be based on whether the application meets all applicable requirements of this Code, based on the entirety of the record before the decision-making body.

2.

Conditions of Approval. Conditions of approval shall be limited to those deemed necessary to ensure compliance with the requirements and review standards for the particular type of application, or to prevent or minimize adverse effects from the proposed development on surrounding lands. All conditions of approval shall be expressly set forth in the statement of approval.

I.

Post-Decision Actions and Limitations.

1.

Notice of Decision. Within ten calendar days after a final decision on an application, City staff shall provide the applicant a dated written notice of the decision and that no additional review procedure is provided by this Code. City staff also shall make a copy of the decision available to the public electronically during normal business hours.

2.

Appeals.

a.

A party aggrieved or adversely affected by any decision for which no further administrative review procedure is provided by this Code may within 30 days after rendition of the order, seek review of the decision in the courts in accordance with applicable State law. Calculation of the 30-day time period shall commence with the day following the date of rendition and the end of the 30 ^th day thereafter, or the first business day, if the 30 ^th day falls on a weekend day or national holiday.

b.

A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 3.4.Y, Appeal, or Section 6.14.C.13.b, Appeals, as appropriate.

3.

Expiration of Development Order.

a.

General. Development orders granted in accordance with this Code shall expire as provided in Section 3.4, Application—Specific procedures, for the particular type of development order. If no expiration period is provided in Section 3.4 for a particular type of development order, the development order shall expire if development authorized by the development order is not substantially commenced within two years after the date of the development order. A change in ownership of the land shall not affect the established expiration time period. The filing of an appeal shall toll the established expiration period until final resolution of the appeal.

b.

Extension of Expiration Time Period. Except as otherwise provided in Section 3.4, Application—Specific procedures, for the particular type of development order, City staff may, on receiving a written request for extension before the expiration date and on a showing of good cause, grant extensions of the expiration time period for up to a cumulative total of one year. Any further extensions shall be subject to approval by the authority that granted the development order, on submittal of a request for extension to City staff before the expiration date and a showing of good cause.

4.

Modification or Amendment of Development Order. Except as otherwise provided in Section 3.4, Application—Specific procedures, for the particular type of application for a development permit, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedural and fee requirements applicable to the particular type of application for a development permit.

5.

Limitation on Subsequent Similar Applications.

a.

Prior Application Denial.

i.

If an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within 180 days after the date of denial unless the decision-making body waives this time limit in accordance with provision [ii] below.

ii.

The owner of land subject to the time limit provided in provision [i] above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to City staff, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only on a finding by two-thirds of its membership that the owner or agent has demonstrated that:

(a)

There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

(b)

New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

(c)

The new application proposed to be submitted is materially different from the prior application; or

(d)

The final decision on the prior application was based on a material mistake of fact.

b.

Prior Application Withdrawal. If an application requiring a public hearing is withdrawn after required notice of the public hearing is provided, no application proposing the same or similar development on all or part of the same land shall be submitted within 180 days after the date of withdrawal.

(Ord. No. 16-26, § 1(Exh. A), 1-20-2016)