§ 21-439. Site plans.

(a)

Intent and purpose. The site plan review procedure shall be required for specified residential and all nonresidential construction to ensure that all development projects meet the requirements of this Code prior to the issuance of a building permit. It is the intent of this section that the site plan process be a part of the building permit application process, in that the site plan is the instrument by which improvements to the site will be constructed and inspected, and by which final inspection and certificate of occupancy shall be issued.

However, the building official may at any time accept and review building construction plans related to structural, mechanical, electrical and plumbing systems, subject to the condition that no permits may be issued prior to site plan approval.

(b)

Development requiring site plan approval. Site plan approval shall be required prior to the issuance of a building permit for the following:

(1)

A parcel of land proposed for a nonresidential use, including hotels, motels, and RV parks.

(2)

A parcel of land proposed for multiple-family residential use of three (3) dwelling units or more, or a mobile home park.

(3)

Assisted living facilities and group homes housing more than three (3) residents.

(4)

Clubhouses or similar facilities built on common property within a subdivision.

(5)

Division of an existing development site (such a division shall result in a new or modified site plan for previously existing development, in addition to a separate plan for new development).

(6)

An expansion or reconfiguration of any of those types of development which are subject to site plan requirements.

(7)

A change in the use of an existing development site from one (1) land use category to another, as listed in Table 21-32(A).

(8)

Any other type of development that the planning director determines to be appropriate for the site plan review process in order to protect the public health, safety and welfare.

(c)

Submission and review procedures. Five (5) copies of the site plan, or more if requested, and all necessary attachments shall be submitted to the planning director to initiate processing of the plan. All site plans must accurately show all relevant information about a proposed development to permit it to be reviewed against the requirements of this Code, and to provide a permanent public record as to the type and characteristics of development approved on the site.

(1)

Site plan preparation requirements. All site plans shall meet the information and specification requirements established by the departments reviewing them.

The planning director shall maintain, and provide to each applicant, a specific checklist listing all written, graphic, and engineering information required for reviewing site plans for conformance with chapter 21. All the information on the checklist shall be required unless waived by the applicable department director.

In addition to site plans addressing the Land Development Code, plans for road construction, grading, drainage, and utilities will be reviewed by the engineering, building, fire and other appropriate City departments. A professional engineer registered in the State of Florida shall seal all site plans.

(2)

Completeness of plans. Completeness of site plans shall be determined within five (5) days by the planning director, and if complete shall be released for staff review pursuant to paragraph (3) below.

Where the proposed development involves only the expansion of existing structures, or the construction of minor accessory structures, the planning director may reduce or waive certain criteria, data, or other submission requirements as appropriate provided that the following conditions are met:

a.

No existing structure will be expanded by more than twenty (20) percent of its total floor area and/or seating.

b.

No proposed accessory structure will be constructed which will exceed ten (10) percent of the floor area of the principal structure, or two hundred (200) square feet, whichever is less.

c.

No change in the existing use of the site is proposed.

d.

No existing nonconforming use would be expanded, and all other aspects of the site are in conformity with the requirements of this Code.

e.

The development site will not be reduced in size.

(3)

Staff review. The planning director and other appropriate members of City staff shall review the site plan with specific regard to the codes and ordinances of the City of Winter Haven, and provide written comments to the applicant. As part of the review process, a pre-application conference may be scheduled at the applicant's request in accordance with section 21-341. The staff review shall identify matters of development policy concern to which the developer shall address particular attention.

(4)

Revised plans. After receiving staff review comments, the applicant shall submit to the planning director revised site plans in which all concerns of the staff have been addressed. At the planning director's discretion, the revised plans may be considered at a second pre-application conference. City staff members shall submit comments individually to the planning director.

(d)

Approval of site plans. When all staff comments have been adequately addressed, and all applicable City, state and federal regulations have been met, the applicant may request a development approval certificate from the planning department under the provisions of paragraph (i). No building permit shall be granted until such time as a development approval certificate has been issued by the planning department.

All building and construction permits issued for any project requiring site plan review shall be consistent with the approved site plan and development approval certificate. These approvals shall not under any circumstances be construed to waive or otherwise diminish the applicable City requirements for construction or installation of structures or materials. Whenever a conflict between the site plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail.

Approved site plans shall remain valid for a period of one (1) year after final approval. A building permit must be obtained during that time.

(e)

Modification of site plans. Any modification, variation or adjustment of an approved site plan shall require approval of a site plan amendment. Any such amendment shall be consistent with all applicable provisions of this Code and shall be reviewed, as appropriate, by the planning, engineering, fire and building departments.

Upon approval of any amendment, the planning director shall stamp and date the most recent version of the site plan, showing the approved change, and mark all previous copies as "void."

(f)

Integration of other review procedures. Any site plan to be built in stages or requiring variance or special use approval shall be coordinated as set forth below:

(1)

Development built in stages. The applicant shall submit a proposed stage plan, including a schedule for completion of all improvements. Once a stage plan has been approved, no land may be used and no building may be occupied except in accordance with such plan. At the planning director's discretion, a new site plan may be required for each successive stage of the development.

Stage configurations shall be logical and consistent with the purposes of this Code. When necessary to ensure timely completion of same and to effectuate the intent of this Code, the planning director may stipulate that any or all portions of the required landscaping, bufferyards, parking, drainage or erosion control facilities be provided during the first stage of development, even though portions thereof may lie outside the stage. Each stage, at a minimum, must include adequate parking, drainage facilities, landscaping, and all other features needed to serve that portion of the development.

Where the applicant has agreed to provide off-site improvements, such as traffic signals, turn lanes, and sewer lines, the planning director may require such improvements to be in place upon completion of any stage of the development, when necessary to ensure timely completion of same and to effectuate the intent of this Code.

Prior to approval for construction of any one (1) stage, an engineering stage plan shall be submitted to and approved by the City Engineer. This plan shall address site grading, erosion control, stormwater management, internal traffic circulation, and any other design elements required by the City Engineer.

(2)

Variances. Those developments requiring the granting of a variance by the Development Special Magistrate from a regulation of this Code in conjunction with site plan review shall have the appropriate request acted upon by the Development Special Magistrate. This shall include existing development sites, proposed for expansion or reconfiguration, which are nonconforming to any requirement of this Code. The site plan may be reviewed concurrently with review and action on the variance request, but the site plan shall not be approved until the variance has been approved.

(3)

Special Use Approvals. For developments requiring Special Use Approval, a request for such approval shall be submitted to the Planning Commission and shall be approved prior to final approval of the site plan. A site plan and a special use approval request may be processed concurrently.

(g)

Noncompliance. Failure to comply with an approved site plan, or any of the conditions of such approval, shall be cause to deny issuance of a development approval certificate or, where such a certificate has been issued, to render such development approval certificate invalid. Any action, construction, development or use of property undertaken in violation of the approved site plan, and any provisions of this section, shall constitute a violation of this Code and may be subject to a stop work order issued by the building official.

(h)

Development site to be unified.

(1)

Internal division of ownership. Except as provided in this section, the development site shall remain unified by title under one (1) owner, or by multiple owners holding a percentage interest in the site as a whole. Where a development site consists of two (2) or more existing lots under the same ownership, these shall be viewed as a single property. Any future subdivision of such property shall comply with this section and other applicable provisions of this Code.

Where spatial division of ownership within a development site is proposed, the owners of all component properties shall accept the following conditions in receiving site plan approval:

a.

No individual property will be used or developed in any way which is not consistent with the approved site plan.

b.

Development rights on each parcel are combined with those of the balance of the development site, and no separate development proposals will be considered by the City unless the development site can be divided in accordance with the provisions of this Code.

c.

No parcel of land within a development site shall be subdivided, sold or otherwise conveyed for the purpose of new development which is not authorized under the approved site plan.

All owners of property within the development site shall authorize one (1) person, designated as the applicant, to represent them collectively with City officials regarding all matters related to the site plan and development site.

(2)

External ownership. When the development site is part of a larger parcel of property, of which a portion is not intended to be included within the site plan, this unused area shall become a separate lot meeting any relevant size and dimensional requirements of the code.

(3)

Development site to be complete. Generally, the development site shall be designed to provide all required amenities and facilities, including bufferyards, landscaping, parking and stormwater retention. Required features shall not be located off site or on adjacent properties which are leased, rented, or otherwise proposed for use on an informal basis. However, off-site parking may be allowed under the provisions of section 21-143. Drainage and retention facilities may be waived or located off site with the approval of the City Engineer in accordance with section 21-161.

(4)

Division after approval. No development site, once granted site plan approval, shall be divided except through the site plan amendment process established in paragraph (e).

(i)

Development approval certificates. No development permitted under this Code, including accessory uses, may be established and no existing building shall be altered with respect to its use until a development approval certificate (DAC) has been issued by the planning department. However, single-family and duplex development shall be exempt from this requirement.

Issuance of a DAC indicates that the proposal meets all applicable requirements of this Code, as well as other standards and regulations administered by the City. Accordingly, it shall contain an indication of approval by all relevant City departments, including, but not limited to, planning, engineering and fire.

Where the proposed development consists of the renovation or reconfiguration of an existing site such that no new site plan is required under paragraph (b), the DAC may indicate such information. However, this shall not constitute an exemption from any review by the building, engineering and fire departments which may be required under other regulations.

Nothing herein shall relieve any applicant of the responsibility of seeking any additional permit required by applicable regulations of the City of Winter Haven, Polk County, the Southwest Florida Water Management District, or the State of Florida.

(j)

Procedures. Prior to requesting a building permit from the building official, the applicant shall contact the planning department to obtain a DAC for the proposed development. In evaluating the request for a DAC, the planning department shall determine that:

(1)

The project has a valid site plan meeting the requirements of paragraph (c) which has been reviewed and approved by all relevant City departments; or, no site plan is required under paragraph (b).

(2)

All comments and issues raised by City staff during the review process have been fully addressed by the applicant and revised copies of the site plan have been provided as needed to City officials.

(3)

The project meets adopted level of service standards established in the Comprehensive Plan and complies with the requirements of article 6, division 1, (Concurrency Management) of this Code.

Upon issuing a DAC, the planning department shall place an "Approved" stamp on the most up-to-date revision of the site plan. The applicant shall provide no less than six (6) copies of this site plan, all of which shall be stamped "Approved," and a copy of the DAC shall be attached to each. Copies of the DAC and final site plan shall be filed in the offices of the planning, engineering, building, and fire departments. An additional copy shall be given to the applicant for his/her records.

All building permits shall be consistent with the final version of the site plan attached to the DAC. Any alternate or previous versions of the site plan shall be deemed invalid after a DAC is issued. Changes in site layout or in any element of the site plan shall require a new or amended DAC, to be approved by the planning department.

The DAC shall become void upon expiration of site plan approval under paragraph (d).

(Ord. No. O-01-31, § 1, 5-14-01; Ord. No. O-12-19, § 3(exh. A, pt. I), 5-29-12)