Please note that the original LDC Book is located at City Hall.

A PDF version can be obtained at MUNICODE.

The following Word copy is for informational purposes only; you will not be able to print a legible copy from this web page.

ARTICLE ONE

LEGAL:

  WHEREAS, the Florida Legislature has enacted the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Part II, Florida Statutes) which mandates the preparation of comprehensive plans and unified land development codes for all units of local government; and,

  WHEREAS, the City Council of the City of Mary Esther, Florida has determined that the Comprehensive Plan, 2000, is compatible with and furthers the State Comprehensive Plan, the West Florida Comprehensive Regional Policy Plan and the Okaloosa County Comprehensive Plan; and

  WHEREAS, the adoption of a unified land development code is required to implement the Comprehensive Plan; and

  WHEREAS, Section 163.3194 (1)(b), F.S. requires that land development regulations be consistent with the Comprehensive Plan and Section 163.3202, F.S. details the minimum requirements for content of the City's Land Development Code (LDC); and 

  WHEREAS, the City Council of the City of Mary Esther finds that the regulations contained within this Code are necessary to protect the public safety, general welfare, natural environment and economic vitality of the City; now

THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF MARY ESTHER, FLORIDA,  that this ordinance is hereby adopted in conformance with Chapter 163, F.S., and provides an effective date and repeals all provisions of Ordinances or Resolutions in conflict herewith.

1.02.00   TITLE:  This ordinance shall be known as the "MARY ESTHER LAND DEVELOPMENT CODE" and also may be known as Ordinance No.91-1.

1.03.00   JURISDICTION:  The lands subject to this ordinance shall include all area within the corporate limits of the City of Mary Esther (and, as applicable, any areas to which the City provides municipal services).

1.04.00   INTENT:  This ordinance provides public policy mechanisms and regulations for growth management (development and redevelopment) in order to serve the residents and property owners of Mary Esther and maintain and improve the quality of life for all citizens of the City.  This ordinance is intended to implement the Mary Esther Comprehensive Plan and, toward that end, is to be construed liberally in favor of the goals, objectives and policies of the Plan.

1.05.00  ABROGATION:  This ordinance is not intended to repeal, abrogate or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of the City or Okaloosa County.

1.06.00 SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this ordinance shall continue in full force and effect.

1.07.00   EFFECTIVE DATE:  The effective date of this ordinance shall be February 1, 1991.

ARTICLE 2 ADMINISTRATION

2.01.00   LOCAL PLANNING AGENCY:  In accordance with the Comprehensive Plan, the   Mary Esther City Council serves as the Local Planning Agency (LPA) and Land Development Regulation Commission. 

2.02.00   GENERAL ADMINISTRATION PROCEDURES:  This Article sets forth application and review procedures required for obtaining development orders and permits as may be required.  Procedures for appealing decisions also are provided. 

2.03.00   WITHDRAWAL OF APPLICATIONS:  An application for development approval may be withdrawn at any time.  CAUTION:  The withdrawal of any application for development approval which occurs after the publication of any notices which may be required by this Code or other law, will result in the application losing its relative position in priority for plan review and will require the applicant to resubmit its application at the initial step in the development review process required for the particular development.  Such re-submittal will require payment of the necessary fees in order to activate the plan review process and reestablish relative position and priority for plan review.

NOTE:  Nothing in this section shall be construed to prevent the Local Planning Agency/City Council from delaying action or decision on any application by majority vote so to do.  In the event the LPA/City Council votes to delay review or decision on any application, said application will retain its relative position and priority for plan review purposes. 

2.04.00   AUTHORIZATION FOR DEVELOPMENT PERMIT:  No development activity may be commenced without a Final Development Order. 

2.04.01   Prerequisites to Issuance of a Development Permit:  No development order or permit shall be issued unless the proposed development activity: 

• Is authorized by a Final Development Order issued pursuant to this Code; and

• Conforms to the Southern Standard Building Codes and associated mechanical, electrical, plumbing and fire safety codes adopted by the City as the requisite technical construction manuals.
• 2.04.02   Exceptions to the Requirement for a Final Development Order: A construction permit may be issued without a development order if any of the following conditions apply:

• Construction has begun or was approved prior to the adoption of this ordinance;  

• Alterations will not alter gross floor area, use of structure or change/add to the impervious surface of the site;  

• The construction or alteration of a one or two family dwelling on a lot in a valid recorded subdivision, approved prior to the adoption of this Code;  

• The resurfacing of a vehicle use area that conforms to all requirements of this Code; and        

• P minor replat granted pursuant to procedures in Section 2.13.01 of this Code. 

2.05.00    PRE-APPLICATION PROCEDURES:  Prior to filing for a formal and scheduled review of proposed development plans, if required by this Code, by the Technical Review Committee, the applicant shall request the City Manager, or designee, to set a time for discussion of the proposed development.  Checklists set forth in Article 17 appropriate to the proposed development shall be provided to the applicant by the City Manager, or designee. In addition, the applicant shall be directed to the appropriate City departments or other agencies so that the applicant may obtain information from such department(s) and/or agency(s) prior to filing for formal review, if necessary, by the City Technical Review Committee.

NOTE:  No comment made by any persons associated with the City during any pre-application conference or discussion shall be considered either as approval or rejection of the proposed development or development plans.

2.05.01   Designation of Plans as Minor or Major Developments:  For purposes of these procedures, all development plans shall be designated by the City Manager, or his designee, as either minor or major development according to the criteria below.  Before submitting a development plan for formal review, the applicant shall provide the City with sufficient information to make this determination.  The City Manager, or his designee, shall support such designation by written findings.

• The activity involves combined land and water area which exceeds five (5) acres  
• The development is a residential project of ten (10) or more dwelling units per acre of land and water area or of fifty (50) or more dwelling units.
• The development involves more than 15,000 square feet of nonresidential floor space.  For the purposes of this criteria hotel and motel dwelling units are considered nonresidential floor space.
• Any proposed development, redevelopment or additions to existing facilities that will, upon completion, result in 30,000 square feet or more of impervious surfaces on the development site. 
• Any proposed development which is part of a larger parcel for which additional development is anticipated and that when aggregated with the project in question exceeds the limits of any of the above criteria.
• The proposed development impacts any environmentally sensitive lands designated pursuant to Article Eleven of this Code.
• The subdivision or re-subdivision of any property which upon such subdivision or re-subdivision will result in five (5) or more lots of record.
• Minor Development:  A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under Section 2.04.02 of this Code. 

2.06.00   PROCEDURES FOR DEVELOPMENT PLAN REVIEW:  All major developments must be submitted to the Technical Review process delineated in this section.  Minor developments need not be submitted to this review, however, the review is recommended to developers for any proposal which may be controversial.

• Developer shall file completed checklists and development plans with the City Manager, or his designee, as a prerequisite to obtaining technical review committee action.
• Within seven (7) working days of receipt of an application for review, the City Manager, or his designee, shall:
• Determine that the application is incomplete and inform the developer, in writing, as to the deficiencies.  The developer shall submit an amended application within thirty (30) working days to maintain the application's relative position and priority for plan review;
• Determine that the submittals are complete as received and proceed with review procedures
• The proposal shall be placed on the agenda for the next scheduled meeting of the City Technical Review Committee provided required notice can be made.

• Members of the Technical Review Committee shall receive copies or otherwise obtain information pertinent to their functional areas prior to the scheduled review meeting.

• The Technical Review Committee shall review the proposal and submit comments, if any, in writing to the acting chairman of the committee, who may be either the City Manager or his designee. The chairman shall assemble comments and forward same with written opinion and policy guidance from the City Manager attached thereto to the LPA/City Council.  Information provided the LPA/City Council shall include but not be limited to the following.

1. Characteristics of the site and surrounding area, including important natural and man-made features, the size and accessibility of the site and surrounding   land uses.

2. Impact on concurrency requirements and Level of Service Standards (LOS).

3.  The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas, if any; the               preservation of natural features or protection of sensitive lands, if any; proposed parking areas;  internal traffic circulation systems, if any; the  approximate total ground coverage of paved areas and structures; and water and sewage distribution, collection and treatment systems.

4. Conformity of the proposed development with the Comprehensive Plan, this Code and other applicable regulations.

5. Other applicable factors, rules, regulations or criteria prescribed by the Comprehensive Plan, this Code or other Law.

• F.. The LPA/City Council upon receipt of the Technical Review Committee Report shall: 

1. Determine conformity of the proposed development with the Comprehensive Plan, this Code, other applicable requirements and the items enumerated    in (E) above.

2.  Hear and address concerns and desires of surrounding landowners and other affected persons.

3. Consider any rule, objective or policy of the Comprehensive Plan or any other criterion applicable to the particular development proposals in formulating its recommendation to either approve or deny the development proposal.

4. Record its deliberations and findings for review and final approval when convened as the City Council. 

G.  Following the required public notice and hearing, the City Council shall accept, reject or accept with   modifications the recommendation. 

1. In the event of acceptance of previous findings, the proposal shall be either approved or denied. If approved, the Council shall instruct the City Manager to authorize the issuance of a Preliminary Development Order.

2. If the proposal is approved with modifications, a Preliminary Development Order may be authorized by the City Manager upon receipt of the modifications from the applicant.

3. If the proposal is disapproved in the Development Review process, the Developer may resubmit a proposal for technical review within sixty days (60) and retain inline priority consideration for such services as sewage and water capacity allocations. If the proposal fails to be approved during the second scheduled Development Review procedure, all earlier submittal dates are voided.

2.07.00   FINAL DEVELOPMENT ORDER:  Provided the Final Development Plan meets all requirements described in the Preliminary Development Order, as determined by the City Manager, or his designee, the City shall issue a Final Development Order to the Developer within twenty (20) days of application for said Final Development Order.  The Final Development Order is NOT a construction permit.  An approved Final Development Order is required prior to the City's issuance of any construction permit(s).  A Final Development Order shall, as a minimum, include 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 Final Development Order may be issued, a listing  of those modifications and the time limit for submitting a modified plan (not more than 20 days);
• Notification that development shall commence within a12 month period and continue until completion in good faith in accordance with terms and conditions of approval;
• If necessary to maintain concurrency, a schedule of construction phasing consistent with the availability of capacity of one or more services and/or facilities;
• If necessary or required, a schedule of public services or public facilities to be provided by the applicant, prior to the issuance of any Certificate of Occupancy or within specified time periods;
• H. Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument;
• A bond in the amount of 120% of the cost of any public improvements required as a result of the anticipated impact of the development or as may be required by regulations in this Code or other law; and
• Such other conditions as may be required to assure compliance with this Code, the Comprehensive Plan or other law.

2.08.00 REVIEW OF DEVELOPMENT PLANS FOR MINOR DEVELOPMENTS: The developer of a proposed minor development may choose to submit the proposed development to both a preliminary and final review, or to a single final review. 

If the developer chooses to submit to both a preliminary and final review, the procedures in 2.08.01 and 2.08.02 below shall be followed;

If the developer chooses to submit to a single final review only the procedures of 2.08.01 shall be followed.

2.08.01 General Procedures:  The developer of a proposed minor development shall submit a preliminary development plan or a final development plan to the City Manager, or designee.

• Within five (5) working days of receipt of the plan; the City Manager, or designee, shall:

1. Determine that the plan is complete and proceed with the procedures below; or

2.. Determine that the information is incomplete and inform the developer in writing of the deficiencies.  The developer may submit an amended plan within thirty (30) days without payment of a re-application fee, but, if more than thirty (30) days have elapsed, the developer must thereafter re-initiate the review process and pay additional fees.

B. The proposed plan shall be placed on the agenda for the next scheduled meeting of the City Technical Review Committee provided required notice can be made.

C. Members of the Technical Review Committee shall receive copies of the plan or otherwise obtain information pertinent to their functional areas prior to the scheduled review meeting.

• D The Committee shall review the proposed development plan pursuant to Section 2.06 (E) of this Article and report its findings to the City Manager, or designee.

• E. The City Manager or designee shall review the plan and comments of the Technical Review Committee and with the requirements of this Code pursuant to guidance received from the Committee.

• F. Within five (5) working days of the meeting of the Technical Review Committee, the City Manager, or designee(s) shall:

• Issue a Preliminary Development Order if it was a preliminary development plan that was reviewed. The Preliminary Development Order shall, as a minimum, contain:

• The approved preliminary development plan with findings and conclusions;
• A listing of conditions that must be met and modifications to the preliminary development plan, if any, 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 or regional permits, if any, that must be obtained in order for a Final Development Order to be issued.
• The time period for which the Preliminary Development Order is valid.  (This indicates that capacity of public facilities and/or services is available concurrent with the impacts of the proposed development, provided that a complete application for a Final Development Order is submitted prior to the expiration date of the Preliminary Development Order.)
• Notice that the Preliminary Development Order does not constitute a Final Development Order and that one or more concurrency determinations subsequently may be required.  The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a Final Development Order.
• Such other conditions as may be required or necessary in order to comply with regulations in this Code or other law.
• Issue a Final Development Order complying with Section 2.07 of this Article if it was a final development plan that was reviewed; or
• Deny the applicant a Preliminary or Final Development Order based upon the applicant's failure to meet the requirements of this Code in the proposed development plan(s)
• 2.08.02   Approval of Final Development Plans:  If the developer (applicant) chooses to submit a preliminary development plan for review, a final development plan shall be submitted within six (6) months of approval of the preliminary plan.  If this deadline is not met, the preliminary development order expires.
• Within ten (10) working days the City Manager, or designee, shall determine whether the final development plan can be approved or denied based on whether the plan conforms to the approved preliminary plan and the conditions, if any, imposed during preliminary review.  Upon making such determination, the City Manager, or designee, shall:
• Issue a Final Development Order complying with Section 2.07 of this Article; or
• Deny the applicant an approved Final Development Order based upon the failure of the proposed final development plan to comply with the conditions or regulations imposed by the Preliminary Development Order and inform the applicant, in writing, that he may resubmit his modified proposed final development plan within five (5) working days in order to maintain his relative position and priority in the plan review and service or facility allocation process.  If the applicant fails to meet this deadline all earlier submittal dates are voided and development of the land in question can not be approved unless a new application is submitted at the first appropriate step in this procedure

2.09.00   CONSTRUCTION PERMITS:  After a Final Development Order has been issued, the applicant may, within twelve (12) months of the issuance of the Final Development Order, apply for the necessary construction permits.  The City shall issue the necessary construction permits if the proposed construction is consistent with and approved pursuant to the Final Development Order.  If the application for a construction permit deviates from the Final Development Plan the City shall notify the applicant within five (5) working days of the construction permit application. 

2.10.00   POST PERMIT CHANGES:  After a construction permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of the Final Development Order without first obtaining a modification of the order.  Similarly, except for minor field modifications as may be allowed by the Standard Building Codes (reference Article 7), it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of the construction permit without first obtaining a City approved modification to the permit. NOTE:  Construction standard field changes must be made available to the City Manager, or designee, for inspection purposes consistent with the Southern Standard Building Code Requirements.

2.11.00   NOTICE:  Unless otherwise provided by law, regulation or decision, addresses for a mailed notice required by this Code shall be obtained from the records of the Okaloosa County Tax Assessor.  The failure of any person to receive notice shall not invalidate an action if a good faith effort was made to comply with the notice requirements of this Code.

2.12.00   SUBMITTALS:

2.12.01   Applications:  Applications for development review shall be available from the City Manager, or designee. 

A completed application shall be signed by all owners, or their agent, of the property subject to the proposed development plan. Signatures by other parties will be accepted with Notarized proof of authorization by the owners.  In the 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.

2.12.02   General Plan Requirements:  All preliminary and final development plans submitted pursuant to this Code shall conform to the following standards:

All plans shall be drawn to a scale of one inch (1") equals one hundred feet (100'), unless the City Manager, or his designee, determines that a different scale is sufficient or necessary for proper review of the proposal.

• For all multifamily residential and all non-residential development proposals, the trim line sheet size shall be 24 inches by 36 inches.  A 1/2 inch margin shall be provided on all sides except for the left binding side(s) where a 2" margin shall be provided if multiple sheets are used.
• If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

• The front cover sheet of each plan shall include:

• A general vicinity or location map drawn to scale showing the position of the proposed development in the section, township and range, together with the principal roads, city limits, and any other pertinent orientation information.
• A complete legal description of the property.
• The name(s), address (es) and telephone number(s) 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.
• The name, business address and telephone number of those individuals responsible for the preparation of the drawing(s).

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

F. The plan shall show the boundaries of the property with a metes and bounds description referenced to a section, township and range and tied to a section or quarter-section or subdivision name and lot numbers.

G. The area of the property shown in square feet and/oracres.

H. The applicant shall submit two (2) copies of the proposed plan.

I. Minor developments may submit required information textually, graphically or on a map, plan, aerial photograph, or by other means, which ever most clearly conveys the required information.  It is the responsibility of the developer (applicant) to submit sufficient information in a form that allows ready determination of whether the requirements of this Code have been met.

J. Unless otherwise noted, plans for all major developments and all minor multi-family residential or non-residential projects shall contain:

The location of existing property or right-of-way lines, both for private and public property, streets, sidewalks, buildings, transmission lines, sewers, bridges, culverts, drainpipes, water mains, fire hydrants, and any other public or  private easements.

• Any land rendered un-usable for development purposes by deed restrictions or other legally enforceable covenants or limitations.
• All water courses, water bodies, floodplains, wetlands, important natural features, wildlife  areas, soil types and vegetative cover on or adjacent to the site.
• The location of environmentally sensitive lands designated pursuant to Article 11 of this Code, if  any.
• Existing land use and the Zoning District of the subject site.
• The location and intensity or density of the proposed development.
• A general parking and circulation plan.
• Points of ingress and egress and any planned public or private roads, rights-of-way, pedestrian ways, bicycle paths or transportation facilities.
• The existing and proposed storm water management systems on the site and proposed linkage, if any, with existing or planned public storm water management systems.
• Proposed location and sizing of potable water and wastewater facilities to serve the proposed development.
• Proposed open space areas on the development site and types of activities proposed to be permitted on such open space areas.
• Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.
• A description of how the plan mitigates or avoids potential conflicts between land uses.
• Architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.
• A soils map of the site.
• A recent aerial photograph encompassing the project area and identifying the project area and total land areas.  The scale shall be no smaller than 1" equals 800 feet.
• A map of vegetative cover including the location and identity, by common name, of all protected trees.
• A topographic map of the site clearly showing the location, identification and elevation of bench marks, including at least one bench mark for each major water control structure.
• A map showing the locations of any soil borings or percolation tests as may be required by this Code.
• The location of any underground or over head utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.
• The 100-year flood elevation boundaries.
• Area and percentage of total site to be covered by impervious surface(s).
• Grading plans specifically including perimeter grading.
• Construction phase lines.
• Building plans showing the location, dimensions, gross floor area and proposed use of buildings.
• Building setback distances from property lines, abutting rights-of-way and all adjacent buildings and structures.
• Minimum floor elevations of buildings within the 100-year floodplain, if any.
• The location, dimensions, type, composition and intended use of all ancillary structures.
• The location and specifications of any proposed garbage dumpsters.
• Cross sections and specifications of all proposed pavement.
• Typical and special roadway and drain sections and summaries of quantities.
• Information sufficient to determine compliance with the Landscape and Tree Protection Regulations of this Code (reference Article 12).
• The location, accompanied by all necessary drawings, construction plans, wiring plans, etc., of all proposed signs.
• The proposed number, minimum area and location of lots, if the development involves a subdivision of land.
• All lots shall be numbered either by progressive numbers or in blocks progressively numbered or lettered except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.
• All interior excluded parcels shall be indicated and labeled accordingly.
• All contiguous property shall be identified by development title, plat book and page, or if the land is un-platted it shall be so designated.
• Total number and type of residential units categorized according to number of bedrooms.  The total number of residential units per gross acre shall be given.
• Location of on-site wells, if any, and wells within 200 feet of any property line, if any.
• Restrictions pertaining to the type and use of existing or proposed improvements, water ways, open spaces, buffer strips and the like shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.
• If the development includes private streets, ownership and maintenance association document(s) shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the City or any other public agency. 
• If the development is to be phased for any reason, a master plan for the entire project shall be submitted with the development plan for the first phase or phases for which approval is sought.  In addition, a schedule indicating approximate development phasing, including the sequence for each phase shall be included.
• The manner in which historic and archeological sites on or near the site will be protected. 

2.13.00   PLATTING (SUBDIVISION):  Where proposed minor or major development includes the subdivision or re-subdivision of land, final approval of such subdivision or re-subdivision shall be made by the City Council in accordance with the regulations contained in Article Seven of this Code.

2.13.01   Minor Replats:  Where development involves a minor replat as defined in Article 3, the City may issue a construction permit without requiring an application review process and a Final Development Order.  Developers shall be required to record the minor replat in the official County records at no expense to the City” and provide three (3) copies to the City for recording on appropriate maps and documents.  Prior to approval of a minor replat by the City Manager, or his designee, the following standards shall be met:

A. Each proposed lot must conform to the requirements of this Code and adopted ordinances of the City.

B.  If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

2.14.00   GUARANTEES AND SURETIES:

A. Applicability:  The provisions of this section apply to all proposed developments in the City, including private road subdivisions.

1. Nothing in this section shall be construed as relieving the developer or applicant of any requirement relating to concurrency or maintenance of level of service as may be required by this Code or the Comprehensive Plan.

2.  This Section does not modify existing agreements between a developer and the City for subdivisions and Final Development Orders granted prior to the effective date of this Code. 

B. 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, parking facilities, open space and recreation facilities shall be satisfactorily constructed according to the approved development plan.  The following information shall be provided:

1.  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.

2.  The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated.  The term shall not exceed five (5) years from the recording of the plat or 30% occupancy of the development, which ever comes first.

3.  The projected total cost for each improvement. Cost for construction shall be determined by:

a. An estimate prepared and provided by the applicant's engineer; or

b. A copy of the executed construction contract.

4.  Specification of the public improvements to be made and dedicated together with the time table for making improvements.

5.  Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making said improvements, the City shall utilize the surety provided in connection with the agreement.

6.  Provision of the amount and type of surety provided to insure performance.

7.  Provisions that the amount of the surety may be reduced periodically as construction proceeds and improvements are made.

C.  Amount and Type of Surety (Security)

1.  The City Manager or designee, shall be responsible for determining the adequacy of the security proposed to be provided by the developer.

2.  Security requirements may be met but are not limited to the following:

    a.  Cashiers Check;

    b.  Certified Check;

    c.  Agreement between the developer, the lender and the City;

    d.  Provision of an interest bearing certificate of deposit;

    e.  Irrevocable letters of credit; or

    f.  Surety Bond (may be an insurance bond).

3.  The amount of security shall be 120% of the total construction costs for the required developer installed improvements (public and private).  The amount of security may be reduced

commensurate with the completion and final acceptance of required improvements.  In no case, however, shall the amount of the security be less than 120% of the cost of completing the remaining required improvements.

D.  Completion of Improvements

1.  When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance by the City. The recommendation for final acceptance shall be made upon receipt of a certification of project completion by an Engineer Consultant, City Manager, or designee and one (1) copy of all test results, if any.

2.  As required improvements are completed and accepted, the developer may apply for release of all or portion of the security consistent with the requirements in Paragraph C.3 above.

E.  Maintenance of Improvements

1.  A maintenance agreement and security shall be provided to assure the City that all required improvements shall be maintained by the developer according to the requirements of this Code relating to roads, streets, storm water drainage, open space and recreation areas.

a. The period of maintenance shall be as defined in the regulations relating to the specific improvement.b. The maintenance period shall begin with the acceptance by the City of construction of the improvements.

c. The security shall be in an amount equal to15% of the construction cost of the improvements.

2.  Whenever proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the City, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a. When the proposed   development   is   to   be organized as condominium under the provisions of Chapter 718, F.S., common facilities and property shall be conveyed to the condominium association pursuant to that law.

b. When no condominium is to be organized, an owner's association shall be created, and all common facilities and properties shall be conveyed to that association.

c. No development order shall be issued for a development for which an owner's association is required until the documents establishing such association have been reviewed and approved by the City attorney. 

3.  An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the City shall be created by covenants running with the land. 

Such covenant shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the City.

2.15.00   APPEALS:  When it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official, or the Mary Esther LPA, (City Council seated as the LPA) in the enforcement of any requirement of this Code, the Mary Esther Code of Ordinances or Land Development Code now existing or to be promulgated in the future by the City, the issue in dispute shall be taken before the City Council. Such issue may include but not limited to, a finding of concurrency deficiency, refusal on the part of the City to issue a final development order. 

2.15.01   Any appeal by any citizen must be filed in writing with the City Clerk within 20 calendar days of rendition of the decision in question, and the reasons for such appeal shall be set forth therein.  The City Clerk shall arrange for an appeal hearing before the City Council, and the Clerk shall notify the appellant in writing of the date, time and place of the hearing.

2.15.02   The appellant shall have the burden of affirmatively demonstrating that the decision in question was in error.  The administrative official(s) involved, or Chairman of the LPA (Mayor), shall have the opportunity to present information and argument to support their decision

2.15.03 The City Council shall base its decision on the requirements of the City’s Comprehensive Plan and this Code.  The Council shall make its decision based upon its usual voting procedures, the decision shall be issued in writing stating the reasoning involved, and it shall be rendered within 60 days of the close of the hearing.  No further administrative appeal is available beyond this stage, though the appellant retains the right of appeal through the Judicial System as provided by law.

  ARTICLE 3 DEFINITIONS

3.0.00   DEFINITIONS

3.00.01   The purpose of this article is to provide definitions applicable to the Land Development Code.  The following terms supplement those contained in the glossary of the Foundation Document:  

Abut:  To physically touch or border upon, or to share a common property line.  

Accessory Use:  A use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel.  

Adjacent To a Protected Environmentally Sensitive Area:  Any location within five hundred (500) feet of the boundary of any Protected Environmentally Sensitive Area, whether the location is on or off the development site.

 Adversely Affected Person:  Any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.  

Adult Congregate Living Facility:  A type of residential care facility, defined in Chapter 400, Part 2, Florida Statutes.

Adverse Effects:  Any modifications, alterations, or effects on waters, associated wetlands, or shore-lands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation.  The term includes secondary and cumulative as well as direct impacts.

Agricultural Activity:  Any farming and forestry operation affecting land or waters such as site preparation, clearing, fencing, contouring, soil preparation, plowing planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts.  

Alter or Alteration:  Work done on a Storm water Management System other than that necessary to maintain the system's original design and function.

Appurtenant Structure:  A structure which is on the same parcel of property as the principal structure to be insured under the federal flood insurance program and where the use is incidental to the use of the principal structure.

Area of Shallow Flooding:  A designated AO, AH or VO zone on the Flood Insurance Rate Map, or other area designated on a map by the City Manager, or designee, with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident.

Area of Special Flood Hazard:  The Area of Special Flood Hazard shall include:

• All areas designated on a Flood Hazard Boundary Map as Zone A or a Flood Insurance Rate Map as Zones A, AO, AH, A1-30, AE, A99, VO, or V1-30, VE or V.  The relevant Flood Hazard Boundary Map and Flood Insurance Rate Maps, and any revisions thereto, are adopted by reference and declared to be a part of this Code.

• Other areas of the community designated on a map by the City Manager, or designee, as having a one percent or greater chance of flooding in any given year.  This may include isolated topographic depressions with a history of flooding or a high potential for flooding.

Associated Wetlands:  Any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters.

Base Flood:   The flood having a one percent chance of being equaled or exceeded in any given year.

Basement:  That portion of a building having its floor below ground level on all sides.

Beneficial Functions Of A Protected Environmentally Sensitive Area:  Those functions, described in the Conservation Element of the Comprehensive Plan, that justify designating an area as environmentally sensitive.

Breakaway Wall:  A wall that is designed and constructed to collapse under specified lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building:  A structure created to shelter any form of human activity.  This may refer to a house, barn, garage, church, hotel, or similar structure.  Buildings may refer to a historically or architecturally related complex, such as a courthouse and jail, or a house and barn.  Parking lots and garages are hereby deemed to be "buildings"

Clearing:  The removal of trees and brush from the land, not including the ordinary mowing of grass.

Coastal High Hazard Area:  All areas designated on a Flood Insurance Rate Map as V1-30, VE or V.

Concurrency:  A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

Cultural Resource:  A site, object, structure, building or district listed on the City's Survey of Cultural Resources or in the Historic Preservation Element of the City Comprehensive Plan or on the local register of historic places.

DBH:  Diameter at breast height. "Breast height" is defined to be fifty-four (54) inches above the surface of the ground at the base of the plant or tree.  In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems.

Demolition:  The tearing down or razing of 25% or more of a structure's external walls.

Density or Gross Density:  The total number of dwelling units by the total site area, less public right-of-way.

Detention:  The collection and storage of surface water for subsequent gradual discharge.

Developer:  Any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development of Regional Impact:  Development that impacts on infrastructure, concurrency, the environment or other considerations beyond the political jurisdiction in which development occurs.

Development or Development Activity:  Any of the following activities:

• Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

• Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

• Subdividing land into two or more parcels.

• A tree removal for which authorization is required under this Code.

• Erection of a permanent sign unless expressly exempted by this Code. 

• Alteration of a historic property for which authorization is required under this Code.

• Changing the use of a site so that the need for parking is increased.

• Construction, elimination or alteration of a driveway onto a public    street.

Development Order:  An order granting, denying, or granting with conditions an application for approval of a development project or activity.  A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders:  preliminary development order, final development order and development permit.  See sub-paragraphs below.

Preliminary Development Order:  Any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures.  A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration.  For purposes of this Code preliminary development orders include Future Land Use Map amendments, Comprehensive Plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.

Final Development Order:  The final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this Code.  (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like.)  For purposes of this Code the final development plan approval is the final development order.

Development Permit:  For purposes of this Code a development permit is that official city document which authorizes the commencement of construction or land alteration without need for further application and approval.  Development permits include: all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.

 Direct Hydrologic Connection:  A surface water connection which, under normal hydrological conditions, occurs on an average of thirty (30) or more consecutive days per year.  In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

District:  A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, building, structures, objects, or areas, which are united historically or aesthetically by plan or physical development.  A district may be comprised of individual resources which are separated geographically but are linked by association or history.

 Drip Line:  The outermost perimeter of the crown of a plant as projected vertically to the ground. 

Dwelling Unit:  A single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating cooking and sanitation.   

Existing:  for purposes of the storm water management provisions of this Code, the average condition immediately before development or redevelopment commences.

 Flood or Flooding:  A temporary partial or complete inundation of normally dry land from the overflow of inland or tidal waters, or from the unusual and rapid accumulation of runoff or surface waters from any source.

Flood Hazard Boundary Map (FHBM):  The map issued by the Federal Emergency Management Agency showing flood-prone areas.  Drawn from United States Geological Survey Maps, it does not provide flood elevations and is intended to be used only until the Flood Insurance Rate Map is produced.

Flood Insurance Rate Map (FIRM): The official map issued by the Federal Emergency Management Agency showing both the Area of Special Flood Hazard and the risk premium zones within the city. 

Floodplain:  Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall.

Floodway:  The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor Area Ratio (FAR):  A means for determining intensity of land use.  FAR is calculated by adding all authorized floor levels minus setback, landscape and parking requirements and then dividing this total by the gross site area.

Functionally Dependent Use:  A use which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking, loading and unloading of cargo or passengers, ship building and ship repair, or processing seafood.  The term does not include long-term storage or related manufacturing uses.

Gross Density or Density:  The total number of dwelling units divided by the total site area, less public right-of-way.

Gross Floor Area:  The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling is less that six (6) feet.  

Highest Adjacent Grade:  The highest natural elevation of the ground surface adjacent to the proposed walls of structure.

Impervious Surface:  A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.  

Improvement:  Any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Junkyard:  Premises or portions thereof used for the storage or sale of used and discarded materials, including but not limited to, paper, rags, metal, building materials, appliances, household furnishings, machinery, vehicles, equipment, or parts thereof.  The storage for a period of two (2) or more months of two (2) or more wrecked or partly dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of this Code, such uses as automobile reclaiming businesses, automotive wrecking businesses, automotive salvage businesses and recycling centers shall be considered junkyards.  

Lot:  A designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

Lowest Floor:  The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code.  

Maintenance:  That action taken to restore or preserve the original design and function of any Storm water Management System.

Major Deviations:  A major deviation is a deviation other than a Minor Deviation, from a Final Development Plan.

Manufactured Home:  A structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation, and connected to the, required utilities.  The term also includes park trailers, travel trailers, and similar transportable structures placed in use (other than for sale) on a site for 180 consecutive days or longer.  

Manufactured Housing:  Manufactured housing has the following features or characteristics.  It is:

• Mass produced in a factory; 

• Designed and constructed for transportation to a site for installation and use when connected to required utilities; 

• Either an independent, individual building or a module for combination with other elements to form a building on the site. 

Mean Sea Level:  The average height of the sea for all stages of the tide.  For purposes of this Code the term is synonymous with National Geodetic Vertical Datum (NGVD).  

Minor Deviation:  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 (5) feet. 

• Reduction of the total amount of open space by not more than five (5) percent, or reduction of the yard area or open space associated with any single structure by not more than five (5) percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code. 

Minor Replat:  The subdivision of a single lot or parcel of land into two (2) lots or parcels, or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Code.

Multi-Family Dwelling:  Any residential structure containing two (2) or more separate dwelling units. 

Natural Systems:  Systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.

New Construction:  Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code, and any alteration, repair, reconstruction or improvements to a structure which is in compliance with flood damage prevention regulations. 

Object:  A material thing of functional, aesthetic, cultural, historical, or scientific value that may be by nature of design, movable, yet related to a specific setting or environment.

Ordinary Maintenance:  Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay.  

Original Appearance:  That appearance (except for color) which, to the satisfaction of the City Manager, or designee, closely resembles the appearance of either (1) the features on the building as it was originally built or was likely to have been built, or (2) the features on the building as it presently exists so long as the present appearance is appropriate to the style and materials of the building.

Owner:  A person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel:  A unit of land within legally established property lines.  If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the City Manager, or designee.

Persons:  Any individual, group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies.  

Pollutant:  Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Protected Environmentally Sensitive Area:  An environmentally sensitive area designated for protection in the Conservation Element of the City Comprehensive Plan.

Protected Tree:  Any tree that has a DBH of more than eight (8) inches, and which is not otherwise exempted from this Code.

Protected Wellhead:   Those wellheads with a permitted capacity of 100,000 GPD or more.  

Rate:  Volume per unit of time.

Recreational Vehicle:  A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes.

Regulatory Floodway:  The channel of river or other watercourse and the adjacent land areas that must be unobstructed in order to  discharge the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.   

Remove:  To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed a tree.

Retention:  The collection and storage of runoff without subsequent discharge to surface waters.

Runoff Coefficient:  Ratio of the amount of rain which runs off a surface to that which falls on it; a factor from which run-off can be calculated.

Sand Dunes:  Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sediment:  The mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

Significant Adverse Effect:  Any modification, alteration, or effect upon a Protected Environmentally Sensitive area which measurably reduces the Area's beneficial functions as delineated in the Conservation Element of the City Comprehensive Plan.

Single-Family Dwelling:  A structure containing one dwelling unit, and not attached to any other dwelling unit by any means.  A single-family unit may contain an accessory apartment pursuant to this Code.

Site:  The location of a significant event, activity, building, structure, or archeological resource where the significanceof the location and any archeological remains outweighs the significance of any existing structures.

Site:  Generally, any tract, lot or parcel of land or combination of tracts, lots or parcels of land that are in one ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision, or project.

Start of Construction:  The date the construction permit was issued, provided the "actual start of construction" was within 180 days of the permit date.  The "actual start of construction" means the first placement of permanent elements of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or of the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of appurtenant structures.  This definition does not apply to new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)  

Stormwater:  The flow of water which results from, and that occurs immediately following, a rainfall.

Stormwater Runoff:  That portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Stormwater Management System:  The system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.  

Structure:  Means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.  Among other things, structures include buildings, mobile homes, billboards, and poster panels.

Substantial Improvement:  Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during which the cumulative cost equals or exceeds fifty percent of the market value of the structure.  The market value of the structure is the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the occurrence of the damage.  For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.  The term does not, however, include any improvement of a structure to comply with existing health, sanitary, or safety codes, or any alteration of a structure listed on the National Register of Historic Places, the Local Register of Historic Places, or a State Inventory of Historic Places, unless that alteration will cause the structure to lose its historical designation.

Surface Water:  Water above the surface of the ground whether or not flowing through definite channels, including the following:

• Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline;

• Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks; or  Any wetland. 

Tree Protection Zone:  A circular zone around each protected tree defined as follows:

• If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six
• (6) feet around the tree.

• If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

• If the drip line is twenty (20) feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty (20) feet around the tree.
•  

Vehicle Use Area:  An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

Water or Waters:  Includes, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

Water Body:  Any natural or artificial pond, lake, reservoir, or other area with discernable shoreline which ordinarily or intermittently contains waters. 

Watercourse:  Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

Water's Edge and Wetland's Edge:  The water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

• The boundary established by the average annual high water mark; 

• The landward boundary of hydric soils; or 

• The landward boundary of wetland vegetation, based on the wetland vegetation index. 
• Wellhead Protection Area:  A diameter of 200 feet around a well site where no other land use is permitted.  

Wetland:   Land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions.  The term includes, but is not limited to swamp hammocks, hardwood swamps, riverine cypress, cypress ponds, bay heads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes, mangrove swamps and marine meadows.

Zone of Exclusion:  All land within a two hundred (200) foot radius of an existing or designated protected wellhead.  No development activities shall take place in the zone of exclusion.

ARTICLE 4 PUBLIC PARTICIPATION

 4.00.00   PUBLIC PARTICIPATION

4.00.01     The purpose of this Article is to delineate procedures for public participation in all matters coming before the City Council, Local Planning Agency or Advisory Committee appointed by the City Council at regularly scheduled or special meetings and workshops.

4.00.02    The term "citizen participation" and "public participation" are synonymous and apply to affected persons, substantially affected persons and aggrieved or adversely affected parties as defined in Florida Statutes, sections 163.3184(1), 163.3213(2)(a) and 163.3215(2), respectively.  

4.01.00     NOTICE PROCEDURES

• All public hearings and public meetings held to consider any matter coming before the City Council shall be held after 5:00 P.M. Monday through Friday. Workshops may be held at other times deemed appropriate. 

• The City Clerk will advertise twice in a newspaper of general paid circulation, interest and readership within the city, that a public hearing or public meeting, as the case may be, will be held to consider any of the matters deemed appropriate.  The advertisement will include an identification of who is holding the hearing, meeting or workshop, as well as the date, time, place and general subject of the hearing, meeting or workshop and the location where copies of the proposed matter may be reviewed. The advertisement will encourage the public to provide written and/or verbal comments on the matters under consideration. Workshops may be held without advertising, provided a public announcement is made at a public meeting of the local planning agency.  Nothing herein is intended to alter or obviate the requirements of Florida Statutes section 163.3184.

• The first publication shall appear not less than fourteen (14) Days prior to the date of the hearing, meeting or workshop and the second publication shall appear not less than five (5) days prior to the hearing, meeting or workshop. 

• A notice of all such public hearings, public meetings, and workshops will be posted in a conspicuous place in city hall at least seven (7) days prior to the hearing, meeting or workshop. Notice will also be given to the appropriate media representatives at least twenty-four (24) hours before all public hearings, public meetings and workshops.  Workshops may be held without the notice, provided a public announcement is made at a public meeting of the local planning agency or City Council.

• A notice will also be provided of any public hearing, public meeting, or workshop, to any group, agency or government that registers with the city to receive such notice at least fourteen (14) days prior to the hearing, meeting or workshop.  The group, agency or government receiving such notice shall be responsible to notify their membership of the particulars involved. Workshops may be held without the notice, provided a public announcement is made at a public meeting of the local planning agency or City Council. 

4.02.00   LOCAL PLANNING AGENCY PROCEDURES

• The local planning agency's public hearing and public meeting regarding any matter shall be conducted so as to encourage and afford members of the public reason-able opportunity to present their views on any matter under consideration.  The chairman may, at his or her discretion, rule out-of-order public comments deemed repetitious or not germane to the matter under discussion. An agenda for the meeting shall be posted in or near the meeting room and generally available to those in attendance.

• The influence of activities at such planning agency's meeting regarding the matters under consideration shall be as follows:

• Announcement of the matter for consideration by the chairman with the reading of any required public notice by the chairman, or his designee.
• Presentation of staff reports/comments, if any, whether written or verbal.  Written staff reports, if prepared, shall be provided to the local planning agency, applicable agencies, media, proponents and any group registered pursuant to section 4.01 E at least seven (7) days prior to consideration.
• Receipt of comments from the proponents and opponents of the matter as nearly equal proportions as possible.  All speakers will be required to fill out address cards so that an accurate record of participants can be maintained.
• Close public input except for direct questions as may be initiated by the members of the local planning agency.
• Local planning agency discussion, debate and recommendation by majority vote prior to considering the next matter or adjournment. 
• The local planning agency shall record its written recommendation on each matter decided to be reviewed again and communicated to the public when seated as City Council. Substantive public comments received during consideration of the matter shall be recorded and incorporated by the City Council as appropriate.
• The local planning agency shall conclude consideration of the agenda no later than 11:00 P.M. No agenda item may be initiated after 10:30 P.M. unless a majority vote agrees to do so.  Agenda items not considered at this date will be placed first on the agenda for the next available date that meets applicable notice requirements.
• As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the state.

4.03.00   CITY COUNCIL PROCEDURES

• No sooner than fifteen (15) days after the local planning agency makes a finding regarding any matter described, the City Council shall hold at least one (1) public hearing to consider the recommendation.  The hearing may be continued to an announced time certain upon a majority vote.  An agenda for the hearing shall be posted in, or near, the meeting room and be generally available to those in attendance. 

• The City Council public hearing shall encourage and afford members of the public reasonable opportunity to present their views on any matter under consideration. The chairman may, at his or her discretion, rule out-of-order public comments deemed repetitious or not germane to the matter under discussion.

• The sequence of activities regarding matters under consideration shall be as follows:

• Announcements of the matter for consideration by the Mayor with the reading of any public notice by the Mayor or his designee. 
• Presentation of staff reports/comments, if any, whether written or verbal.  Written staff reports, if prepared, shall be provided to the City Council, applicable agencies, proponents and any group registered pursuant to section 4.01.  The recommendation of the local planning agency shall also be presented in written form.
• Receipt of comments from the proponents and opponents of the matter in as nearly equal proportions as possible.  All speakers will be required to fill out address cards so that an accurate record of participants can be maintained.
• Close public input except for direct questions as may be initiated by the members of the City Council.
• City Council discussion, debate and approval, adoption or enactment, as appropriate for the specific matter, by majority vote prior to considering the next matter or adjournment. 
• The City Council shall conclude consideration of the agenda no later than 11:00 P.M.  No agenda item may be initiated after 10:30 P.M. unless a majority vote to do so.  Agenda items not considered at this hearing will be placed first on the agenda of the next date available that meets applicable notice requirements.
• As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the state.

4.04.00   ADVISORY COMMITTEES

A. The City Council may, from time to time, appoint advisory committees to participate in the matters subject to public meeting requirements of the local planning agency.  Workshops conducted by the advisory committee are open to the public.

4.05.00   EXECUTIVE SUMMARIES

A. As soon as practical after adoption of the comprehensive plan, or any amendments thereto, a summary of the document shall be prepared and made available.

ARTICLE 5

GENERAL REQUIREMENTS

5.00.00  TITLE:  This document is the Land Development Code for the City of Mary Esther and may be referred to also as the "Code" or "LDC".  It follows in structure and format the Mary Esther Comprehensive Plan:  2000.

5.01.00  AUTHORITY:  The Code (LDC) is developed pursuant to Chapter 163.3202, Florida Statues, the Mary Esther Comprehensive Plan, 2000, the City Charter and the general powers provided local government in Chapter 166, Florida Statues.

5.02.00  APPLICABILITY:  The provisions of this Code apply to all development in Mary Esther.  It takes precedent over any other ordinance, resolution or procedure affecting land use and no development may be undertaken without prior authorization pursuant to this Code.

5.02.01  Exceptions:

• Previous Development Permits:  Neither this Code nor amendments thereto shall affect the validly of a lawfully issued development permit if the following conditions are effective:

• The permitted development activity has commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this code but within six (6) months of issuance of the building permit; and
• The development activity continues without interruption until the development is complete.  If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.
• Consistency With Plan:  Nothing in this Section shall be construed to authorize development that is inconsistent with the Mary Esther Comprehensive Plan.

5.03.00  GUIDE FOR USERS:

5.03.01 Unified Land Development Regulations:  This Code was enacted to provide a single consolidated reference source for land development regulations in the City of Mary Esther.  It replaces and updates certain ordinances that are outdated or redundant.  In other cases, it supplements ordinances previously enacted pertaining to land development.  Many of these ordinances are incorporated either in part or in whole in to this Code. Where no regulatory instruction mandated by the Comprehensive Planning Act of 1985 has been previously addressed or codified by city ordinance, this Code provides the requirements in accordance with the Comprehensive Plan, 2000.  In all cases, therefore, where there may be a conflict between this Code and existing ordinances, the Code shall take precedent. In summary, the Code establishes a single set of site design criteria and provides procedures for the expeditious processing of development projects and permit applications.

5.03.02 Checklists for Preparation and Review of Development Proposals:  Article 17 of this Code provides checklists that must be completed and submitted by developers before a formal review and approval process of construction activity may begin.  The following checklists are provided to indicate to developers the areas for consideration prior to submitting an application for a construction permit.

I. Land Use: Type, Density and Intensity

______ In what land use district is the development site located?

______ What uses are allowed in the district?

______ In residential districts, what is the maximum allowable density?

______ In commercial districts, what is the allowable intensity (floor area ratio) of the development?

II. Restricted Zones:  Certain sites designated for development may pose additional restrictions either under existing conditions or in future land use.  Policies for such sites are found in the Comprehensive Plan.  Support Documents identify locations and special provisions.

______ Is the site a historic landmark or within a designated historic district?

______ Does the proposed development involve the construction in a conservation area, flood plain, or wetlands?

______ Is the site within the cone of influence of deep wells (200feet)? 

______ Is the site located on waterfront property? 

 III. Consistency and Concurrency Management:

  This checklist is to help ensure that proposed development is consistent with the Mary Esther Comprehensive Plan and meets concurrency requirements.

_____ Is the development consistent with the Comprehensive Plan?

_____ Is the general concurrency requirement met with regard to the following considerations?

_____ Will the proposed development use potable water? 

_____ Will development create wastewater?

_____ Will development increase traffic on surrounding streets?

_____ Will development change the amount, nature, and patterns of stormwater runoff?

_____ Will development create solid waste?

IV. Resource Protection Standards:  Certain flora and fauna and environmentally sensitive areas may be affected by development. The following checklist should be considered prior to initiating development actions.

_____ Does the site contain protected trees?

_____ Does the site contain wetlands, or other environmentally sensitive lands described in the Comprehensive Plan?

____ Is the site near a well field or wellhead?

_____ Does the site contain habitat of threatened or endangered species?

_____ Does the site contain land in the 100-year flood plain?

V. Development Design and Improvement Standards:  Standards for controlling the development are intended to provide maximum public benefits.  This checklist should be reviewed to determine the following requirements:  impervious surface ratio, access, building setback, parking, sidewalk and biking, and landscaping.

_____ Will the development involve land subdivision?

_____ Will development contain buildings or other impervious surfaces?

Other design and improvements include:

_____ Will the development involve the installation of utilities?

_____ Will development affect the quality or quantity of stormwater runoff?

____ Does the site require that a buffer be installed?

_____ Does the development require unique conformance design standards such as for recreational vehicle parks, junk-yards, fuel farms?

VI.  Accessory Structures and Uses

  _____ Is a satellite dish antenna to be installed?

_____ Is a storage, building, utility building or greenhouse to be installed?

_____ Is a swimming pool, hot tub or similar structure to be installed?

_____ Is a fence to be installed?

_____ Is an accessory apartment to be created?

_____ Is a home occupation to be started?

_____ Is an employee dining room, fitness center or other amenity part of industrial/commercial or does a residential development include a recreation/meeting center? 

VII. Signs:

_____ Are planned signs exempt from City regulation?

_____ Are planned signs prohibited?

VIII.  Noxious Performance Standards:

_____ Will the development create exceptional noise?

_____ Will exceptional vibration be created?

_____ Will air pollution be created?

 _____ Will odor be created?

_____ Will risk of fire or explosion be created?

_____ Will there be a risk of electromagnetic interference?

IX. Hardship Relief (Variance, Special Exceptions):

_____ Is the development in an existing location that does not conform to Land use regulations?

_____ Is relief sought from the strict application of a development design standard?

_____ Is relief sought from the resource protection standards?

X. Boards and Agencies:  If a decision is made by a developer to proceed with development after the required checklist forms are completed, procedures for development review established by the City must be followed. Persons, Departments, Boards and Agencies involved in that review are as follows:

• The City Manager, or designee, serves as the developer’s initial point of contact with the city;
• The Technical Review Committee composed of City staff is headed by the City Manager, or designee.
• The City Council hears and makes findings to be considered regarding land use and requests for variances and special exceptions;
• The Local Planning Agency/City Council is the agency responsible for the development, implementation, and interpretation of the Comprehensive Plan.
• The City Council is the final authority on all decisions affecting land use in he City.
• ARTICLE 6

6.00.00 CONCURRENCY MANAGEMENT SYSTEM

 6.00.01  A Concurrency Management System (CMS) ensures that facilities and services needed to support development are available concurrent with the impacts of such development.  Prior to the issuance of a development order (permit), the system shall ensure that the adopted level of service standards in this Ordinance for roadways, potable water, sanitary sewer, solid waste, drainage, recreation and open space will be maintained. The City Manager, or designated agent, shall be responsible for ensuring developer compliance with the Concurrency Management System and shall report on such compliance to the LPA/City Council as required.  Checklists provided in Article 17 and quantifying standards established by this Article are provided to arrive at concurrency determinations (Also see Article 14, Section 14.02).

6.02.00  GENERAL REQUIREMENTS:

A. Under any of the following criterions, the burden of showing concurrency compliance shall be upon the developer. Such information shall be compiled and quantified prior to requesting a Plan Development Review described in Article 2.05.01:

1.  The planned activity involves combined land and water area exceeding five (5) acres;

2.  The development is a residential project including ten (10) or more dwelling units per acre of land or a total of fifty (50) or more dwelling units;

3.  Development involves more than fifteen thousand (15,000) square feet of non-residential floor space; and

4.  When development in aggregate with other requests for a development order (permit) exceeds any of the above limits.

5.  When existing Levels of Service for affected roadways are at LOS E.

B.  The City Manager, or designated agent, shall make concurrency findings when the planned activity is less than the limits provided above.

 C.      Concurrency shall be evaluated by the Technical Review Committee (City Staff) prior to the time the planned activity is presented to the LPA/City Council. 

6.03.00  MAINTAINING LEVELS OF SERVICE:  In no case shall any part of the planned activity such as plot improvement or building foundation commence without a finding of concurrency which establishes that levels of service will not be degraded.

6.03.01  Exceptions:  Not withstanding the foregoing, the LOS may be degraded during the actual construction of new facilities if upon completion the prescribed standards will be met.

 6.03.02  Phased Construction:  The construction of any development project may be phased or staged so as to coincide with the phased or staged construction of infrastructure facilities so that the levels of service for such facilities are maintained upon completion of each phase or stage of the development.

6.04.00  MINIMUM REQUIREMENTS:  As a minimum, at least one (1) of the following standards will be met prior to issuance of a development order:

A.  The necessary facilities and services are in place at the time a development permit is issued; or

B.  A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of development occur; or

 C.  The necessary  facilities  are under  construction  at  the  time  a  permit   is  issued. 

6.05.00  QUANTITATIVE METHODS FOR SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, RECREATION AND OPEN SPACE:  For purposes of these regulations, ensuring that minimum standards are maintained requires calculation of existing capacity and planned new capacity or facilities less demand imposed by the planned development.

6.05.01  Adding Capacity:

A.  Add total capacity of existing facilities (sanitary sewer, solid waste, drainage, potable water, recreation and open space).

B.  Add to the above, total capacity of new facilities, or facility expansions that will result from planned activity.  Capacity of new facilities shall be counted only under one or more of the following conditions: 

1.  Construction of the new facilities is underway at the time of the issuance of a final development order.

2.  The new facilities are the subject of a binding contract for the Construction of the facilities or the provision of  services at the time of issuance of the final development order.

6.05.02  Subtracting Capacity:  From the sum calculated above, subtract the following:

A.    The demand for the service or facility created by existing development as documented in the foundation documents of the  Comprehensive Plan plus the demand upon any new facility, expansions, or improvements anticipated as a result of the planned activity.

 B.  Demand shall be calculated using the following adopted LOSs.

  1.  Sanitary Sewer - 128 gallons per capita per day

  2.  Solid Waste - 5 pounds per capita per day

  3.  Drainage - retain the first inch of run-off on site; and post development run-off shall not exceed the pre-development rate for a 25-year storm event,  up to an including an event with a 24-hour duration.

  4.  Potable Water - 90 gallons per capita per day (average)

  5.  Recreation and Open Space - 2 acres per 1000 population.

6.05.03  Deficient Capacity:  Where capacity is shown to be deficient, the following methods may be used to maintain adopted levels of service.

A.  The developer may agree to provide necessary capacity improvements to maintain levels of service.  In such case, the planned activity shall be modified to guarantee no degradation of existing capacity in accordance with Section 6.04 above. <