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HomeMy WebLinkAboutPacket 01-17-2006 WorkshopAA City of Cape Canaveral Cr" OF CME CANAVERAL CITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 17, 2006 5:00 PM AGENDA CALL TO ORDER: ROLL CALL: DISCUSSION: City Code Review: Chapter 110-61 through 110-198. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com CITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 15, 2005 5:00 PM MINUTES CALL TO ORDER: A joint meeting of the City of Cape Canaveral City Council and Planning & Zoning Board was held on March 15, 2005 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Recording Secretary called the roll. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos (Arrived at 5:30 p.m.) Mayor Rocky Randels Council Member Absent: Council Member Steve Miller Planning and Zoning Board Members Present: Chairperson Vice Chairperson Regular Member 1 st Alternate 2nd Alternate Others Present: City Manager City Attorney Assistant City Clerk City Planner Building Official Beatrice McNeely Leo Nicholas R. Lamar Russell Alice Filteau Donald Dunn Bennett Boucher Anthony Garganese Virginia Haas Todd Peetz Todd Morley City of Cape Canaveral, Florida City Council Code Review Workshop March 15, 2005 Page 2 of 3 DISCUSSION: City Code Review: Chapter 102. DIVISION 2. LAND CLEARING Chapter 102-45. Minimum Tree Requirement. Council reviewed from the previous Council Meeting that Section 102-45 (a) and (b) will be removed and placed in a different section. Mr. Dunn suggested adding to section 102-45(b) "or fraction thereof'. 102-46 Tree Protection During Development and Construction; Periodic Inspection. Attorney Garganese responded to Mr. Russell that a development agreement is codified in the Florida Statutes and utilized by Council when certain mitigating circumstances arise. Mr. Russell asked who decides when the City mitigates or when a development agreement is utilized? Mr. Russell further explained that the board was not aware of the agreements and would often write conditions on the actual site plan. Mr. Russell added that development agreements would be a great tool to utilize. Mr. Russell reiterated that there is no automatic call for a development agreement in the current code. There was discussion about Martin Greene's development. 102-46(b) The Board and Council agreed to change line 4 to "Replacement Trees for two years (rather than one year) from completion of permitted construction." 102-46(c) Mr. Russell suggested that a separate tree survey layer be submitted. Mr. Morley replied a tree survey overlay will now be required. 102-46(d) The Council and Board suggested adding "Building Official, or Designee" may conduct periodic inspections of the site. Attorney Garganese stated he will define Building Official in the definitions section. 102-47. Voluntary Tree Planting. City Council and the Board agreed to add "except undesirable trees which are prohibited" to end of first sentence in 102-47. City of Cape Canaveral, Florida City Council Code Review Workshop March 15, 2005 Page 3 of 3 102-48. Waivers: Incentive Program: and Appeals. 102-48(b) Mr. Dunn noted that Line six of 102-48(b) should read "City Manager" rather than "Council". 102-48(3) The Council and Board noted a change on line one from "City Commission" to "City Council'. Mr. Russell pointed out the code should reflect that the Planning and Zoning Board can recommend to Council a footprint change in order to preserve trees. Attorney Garganese replied that he could add a provision in section 102-42 page 17 of the Ordinance. Mr. Russell requested that section 102-40(1)(2)(3) contain verbiage indicating that any trees removed must be replaced. Attorney Garganese explained that a credit or incentive would include planting mature trees on a site from the preferred list. ADJOURNMENT: Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at 6:50 P.M. Virginia Haas, Assistant City Clerk CITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 1, 2005 5:00 PM MINUTES CALL TO ORDER: A joint meeting of the City of Cape Canaveral City Council and Planning & Zoning Board was held on March 1, 2005 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Recording Secretary called the roll. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Council Member Buzz Petsos (Arrived at 5:03 PM) Mayor Rocky Randels Planning and Zoning Board Members Present.- Chairperson resent: Chairperson Vice Chairperson Regular Member Regular Member 1 st Alternate 2nd Alternate Others Present: City Manager Assistant City Attorney Assistant City Clerk Building Official City Planner Beatrice McNeely Leo Nicholas R. Lamar Russell Dr. John Fredrickson Alice Filteau Donald Dunn Bennett Boucher Kate Latorre Virginia Haas Todd Morley Todd Peetz City of Cape Canaveral, Florida City Council Code Review Workshop March 1, 2005 Page 2 of 3 DISCUSSION: 1. City Code Review: Chapter 102 — Tree Protection Ordinance Section 102-40. Permit Criteria; Exemptions: Standards of Review: Mr. Morgan stated there should be an intent spelled out in section 102-40 (a), which would include user friendly language in regards to new construction not including areas with existing infrastructure. Mr. Morley stated that the definition alludes to "virgin land" and requested that this be included in the definition. Ms. McNeely responded to Mayor Randels that Mr. Petsos had pointed out the re- development issue in regards to the land clearing definition. Mr. Morgan reiterated that the ordinance should address development and re -development. Assistant City Attorney Latorre stated that the Ordinance is two fold in order to preserve trees and prevent massive land clearing. Mr. Morgan explained that two separate items should be addressed; one for land -development and clearing and one for re -development and tree preservation. Mr. Russell suggested they discuss the single family residential criteria at a later date and questioned the criteria for acceptance. Assistant City Attorney Latorre pointed out that 102-40(c) lists the criteria for acceptance. City Council and the Planning and Zoning Board agreed that a separate Ordinance would be created to address single family residential criteria for re -development and tree preservation. Mr. Morley suggested utilizing the verbiage on page 11 of the Winter Springs Ordinance. Mr. Dunn pointed out the minimum tree requirements on page 13 of the Winter Springs Ordinance. There were questions regarding section 102-40(a)(1). The Board suggested that this section should be stand alone and more user-friendly. City Council requested clarification on section 102-40(a)(7). City Council requested that section 102-40(a)(8) be removed and reviewed under the single family residential Ordinance. City Council requested tree removal activities authorized and preempted by state or federal law as referenced in 102-40(b)(4). City Council and the Board asked for clarification of the "Specimen tree" definition. The next code review workshop was tentatively scheduled for March 9, 2005 at 5 PM in the Annex. City of Cape Canaveral, Florida City Council Code Review Workshop March 1, 2005 Page 3 of 3 ADJOURNMENT: Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at 7:25 P.M. Virginia Haas, Assistant City Clerk CITY COUNCIL CODE REVIEW JOINT WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 15, 2005 5:00 PM MINUTES CALL TO ORDER: A meeting of the City of Cape Canaveral City Council was held on February 15, 2005 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Recording Secretary called the roll. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Buzz Petsos (Arrived at 5:10 P.M.) Mayor Rocky Randels Council Member Absent: Council Member Jim Morgan Planning and Zoning Board Members Present: Chairperson Beatrice McNeely Vice Chairperson Leo Nicholas (Arrived at 5:05 P.M.) Regular Member Dr. John Fredrickson 2nd Alternate Donald Dunn Others Present: City Manager Bennett Boucher City Attomey Anthony Garganese Assistant City Attorney Kate Latorre City Clerk Susan Stills Building Official Todd Morley City of Cape Canaveral, Florida City Council Code Review Workshop February 15, 2005 Page 2 of 5 DISCUSSION: Section 110-26. Section 110-27. Proceedings. Ms. McNeely referred to the Code section that reads" The Chairman or, in his absence, the Acting Chairman may administer oaths," and said that only an officer of the Court could administer an oath. Attorney Garganese recommended using the language, "witnesses may be duly sworn_" He stated that he has prepared quasi-judicial proceedings for other municipalities to apply to all of its quasi-judicial Boards. Council agreed to similar procedures for the City's quasi-judicial Boards. Section 110-28. Powers and duties. There were no amendments to this section. Section 110-29. Administrative Review. (a) Authority. Attorney Garganese explained to the Council that this provision allows for an appeal due to any grievance with staff s interpretation. He replied that the Construction Board of Adjustments and Appeals acts on behalf of construction code. (b)(1) Appeal notice, hearing. Attorney Garganese explained that the provision is structured for the Council to take any appeals to the Board of Adjustment. He expressed that Code interpretation should be going through the Council and Council should not have the provision to appeal of a Board. Attorney Garganese replied to Mayor Randels that Vested Rights is a specific provision in the Code. (2) Attorney Garganese recommended a definitive time to make an Appeal and suggested to strike, "within a reasonable time" and to state a certain number of days. (c) Stay of proceedings. Attorney Garganese said that the Board of Adjustment did not have the right to force and injunction and he would review the language restraining order. Section 110-30. Indebtedness. It was clarified that the City Boards do not have the right to incur debt. City of Cape Canaveral, Florida City Council Code Review Workshop February 15, 2005 Page 3 of 5 Section 110-31. Applicants for Special Exceptions or Variances. Attorney Garganese replied to Mayor Randels that he would need to review the rights of ownership in light of the provision that allows an owner of 75 percent of the property to apply. Mr. Dunn questioned a lien holders rights due to its impact to the property's value. Attorney Garganese replied that such an instance would need to be addressed on a case-by-case basis. Mayor Pro Tem Hoog questioned how this provision would impact condominium owners? Mr. Nicholas asked if the Building Official would make the determination of ownership. Attorney Garganese affirmed. Mayor Randels concluded that the language under Subparagraph (1) would be changed to read, "Property owners as described in the application." Section 110-32. Decisions. There were no amendments to this section. Section 110-33. Reconsideration of Administrative Review, Special Exception or Variance. Attorney Garganese explained that if the City administratively submitted an application under this provision, the property owner could at some point have the application reconsidered before the Board. There were no amendments to this section. Section 110-34. Violations of Conditions of Special Exceptions or Variances. Attorney Garganese cited an upcoming special exception for vehicle storage that would become a conditional use of the property. He recommended the inclusion of the language, "If conditions are violated that those conditions become as if it applicable to the Code." Mayor Randels concluded that language to include the Code Enforcement Board. Discussion followed and concluded that a Notice of Violation might not be needed. Mr. Dunn suggested adding Duly Authorized Agent" regarding property owner representation and said that this could be determined in the definitions section. Section 110-35. Appeals from Board. Attorney Garganese informed that the State Appellant rules require 30 days to make and Appeal and he also recommended the language "taxpayer of standing." He said that State law has provisions to define a "taxpayer of standing" in order to establish validity for the level of aggrieved concern. City of Cape Canaveral, Florida City Council Code Review Workshop February 15, 2005 Page 4 of 5 DIVISION 2. SPECIAL EXCEPTIONS. Section 110-46. Attorney Garganese replied to Mayor Randels that any person within the 500 foot radius that receives a notice could, but was not required to, be heard at the Planning and Zoning Board meeting. Mayor Randels pointed out that the Code does not specifically indicate that the applicant bears the cost of the notifying the public. Mr. Nicholas pointed out that language for who incurs the cost of notifying affected property could be found in Code section 110-91. Mr. John Grandlich of Towne Realty questioned if notification is sent to each individual owner or to the Condominium Association. Discussion followed on the feasibility of notifying the affected property owners due to the number of people involved. Mr. Boucher suggested using additional language such as the Agent of Record for a multi -owner property. Discussion brought out that most multi -family and commercial properties are professionally managed. Mayor Randels asked Mr. Grandlich how interval ownership management is handled. Mr. Grandlich replied that a Board of Directors carries out duties on behalf of the owners. Attorney Garganese replied to Mr. Morley that there was no provision for electronic notification. Mr. Grandlich replied to Mayor Pro Tem Hoog that the Board of Directors is the duly authorized agent for the owner and would take on the legal responsibility of notifying the owner and to act on their behalf. Discussion concluded that the Council's intent is to notify the Association. Dr. Fredrickson suggested transposing paragraphs (1) and (2). Discussion concluded that the paragraphs are presented according to procedure. Section 110-47. Written findings certifying compliance. Mayor Randels stated that this section establishes a duly authorized agent. Attorney Garganese stated that Subparagraph (7) would be transferred to the beginning of the Code section. Attorney Garganese recommended eliminating Subparagraph (8) since the Board's responsibilities are established in the following Code section. Section 110-48. Expiration. Discussion concluded that a specific form for Board of Adjustment Orders is no longer use. Ms. McNeely replied that the Board of Adjustment's minutes are the standing reference that states the Findings of Fact. Attorney Garganese pointed out that the Courts are now looking for definitive Findings of Fact and Conclusions of Law within the Board Order document. The City Attorney will review staffs current procedures for Board of Adjustment Board Orders. Ms. McNeely stated that the applicant must meet the Board's checklist requirements. She also stated that some of the items on the checklist are subjective with minimal City of Cape Canaveral, Florida City Council Code Review Workshop February 15, 2005 Page 5 of 5 quantifiable testing standards such as for noise levels. Mr. Nicholas suggested a Code section specifically for standards. Ms. McNeely announced a Joint Workshop Meeting on February 23, 2005 at 6:00 P.M. and requested that City Council members attend. ADJOURNMENT: Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at 6:45 P.M. Susan Stills, CITY CLERK CITY COUNCIL CODE REVIEW WORKSHOP CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 2, 2004 5:00 PM MINUTES CALL TO ORDER: A meeting of the City of Cape Canaveral City Council was held on March 2, 2004 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Recording Secretary called the roll. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Steve Miller Jim Morgan Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Virginia Haas, Recording Secretary Todd Morley, Building Official Ed Gardulski, Public Works Director Walter Bandish, Assistant Public Works Director DISCUSSION: City Code Review — Chapter 78-51 through Chapter 84. DIVISION 2. INDUSTRIAL AND COMMERCIAL Subdivision 1. In General Section 78-51. Definitions. Mayor Randels questioned if there were any industrial use in the City. Mr. Gardulski responded that the City has no industrial waste. Mr. Gardulski mentioned that grease and oil might need to be included in the definitions. Mr. Gardulski and Mr. Bandish will review for inclusion into section 78-51. Definitions. City of Cape Canaveral, Florida City Council Code Review Workshop March 2, 2004 Page 2 of 3 78-55. Mayor Randels asked whether all residents of Oak Lane have connected to City Sewer? Mr. Gardulski replied that he was researching the discrepancies in the time limit between the City, Florida Statutes and FDEP. City Council directed staff to mail notices to residents informing them that City sewer was available and the time period for connection was set by Council to be within 360 days. 78-60 (f) Mayor Randels questioned the time length of recorded code enforcement liens (20 Years) Attorney Garganese will research. Subdivision 11. Building Sewers and Connections. Mayor Randels questioned how many unauthorized sewer hookups are in the City? Staff and Council agreed that there were probably few. Mayor Randels asked the approximate charge for sewer hookup. Discussion followed. Council agreed that it was dependent on per lineal foot and could cost anywhere from $300-$1,000. 78-81. Mr. Gardulski requested removal of "Water Environment Federation Manual of Practice No. 9 (WEF)" in the last sentence of 78-81 and utilize the Florida Administrative Code. Mr. Gardulski continued that most Cities use the 10 States Standards today and the standards and drawings are on the Brevard County site for use by the engineering designer. 78-85 Delete "Water Environment Federation Manual of Practice No. 9 (WEF)" and add Brevard County specifications in section 78-85. Council requested that the ocean water pollutant problem be addressed through the Florida League of Cities. Subdivision IV. Rates and Charges. Mr. Todd Morley, Building Official, requested changes to the reference of "Appendix B" in Chapter 78 and suggested using the prevailing plumbing code. Revise as follows.. (Underlined is new, strikethrough is old and should be deleted) Schedule of Fees (Appendix B) Chapter 78 (3) Industrial and other commercial facilities a. Nothing changed City of Cape Canaveral, Florida City Council Code Review Workshop March 2, 2004 Page 3 of 3 1. The fixture unit count shall be that defined in the most recent plumbing fixture value table published by the Standard PlumbiRg G . in the plumbing code as specified in sec. 82-146 of this code. Each 18 fixture . . nothing changed. Delete Section 78-130. "Port Canaveral Customers" and include section as reserved. Code review workshop scheduled for April 20, 2004 will continue with 78-131. ADJOURNMENT: Mayor Randels adjourned the meeting at 6:30 P.M. 1� Virginia aas, Recording Secretary DIVISION 3. VARIANCES Sec. 110-61. Variance. Variance from this chapter shall be obtained only through action of the board of adjustment. The specific terms of each variance are binding and may not be changed, except by a new variance or by reversion to conformity with this chapter. (Code 1981, § 643.13) Sec. 110-62. Applications; procedures. (a) The board of adjustment shall authorize upon appeal in specific cases such variance from this chapter as will not be contrary to the public interest, when owing to special conditions a literal enforcement of this chapter would result in unnecessary hardship. A variance from this chapter shall not be granted by the board of adjustment, except according to the following: (1) A written application for a variance is submitted demonstrating that: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district. b. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter. c. The special conditions and circumstances referred to in subsection (a)(1)a. of this section do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or dwellings in the same district. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance. (2) All proposed variances shall be submitted to the planning and zoning board for study and written recommendation. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application for a variance. (3) The property owner for which a variance is sought shall provide the names and addresses of all affected property owners to the city at least 30 days in advance of the planning and zoning board meeting. For the purpose of this section, an affected property owner or owners shall mean any property owner of record owning property which lies within a radius of 500 feet from any boundary of the property for which a variance is sought as reflected in the survey or that portion of the map maintained by the tax asse ssor reflecting the boundaries of the parcels affected. (4) A notice shall be prepared and mailed by the office of the city clerk using certified mail to all affected property owners, stating the time, date, and location of the planning and zoning meeting and further indicating that the role of the planning and zoning board is advisory in nature and that final administrative approval or denial will be before the board of adjustment at a subsequently scheduled meeting; provided however, that failure to receive such notice shall not affect any action or proceeding tak en hereunder or constitute a defect upon which any claim can be made against the city. (5) When any proposed variance lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said proposed special exception. (6) Notice of public hearing shall be given as specified for a special exception in section 110-46 et seq. (7) Any party may appear in person or may be represented by an agent or by attorney at the public hearing. (8) The board of adjustment shall make findings that the requirements of subsection (a)(1) of this section have been met by the applicant for a variance. (9) The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible reasonable use of the land, building or structure. (10) The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (11) It is the intent of this subsection to promote compliance by the city board of adjustment with this Code, state law and judicial precedent which provide for written findings of fact in support of board decisions. Such findings should be more than mere conclusory statements or recitations of legislative language. All findings made by the board of adjustment in accordance with this section shall be in writing on the forms which are on file in the city clerk's office and which may be amended from time to time by a resolution duly adopted by the city council. (b) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable as provided by this chapter. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved or any use express ly or by implication prohibited by this chapter. (Code 1981, § 645.25; Ord. No. 43-93, § 2, 12-7-93; Ord. No. 18-2002, § 213, 12-17-02) Secs. 110-63--110-85. Reserved DIVISION 1. GENERALLY Sec. 110-86. Conflicts with other ordinances. Whenever the sections of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. (Code 1981, § 645.39) Sec. 110-87. Enforcement of chapter. It is the intent of this chapter that all questions of enforcement shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law and particularly by state law. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hea ring and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of: (1) Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and (2) Establishing a schedule of fees and charges. (Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94) Sec. 110-88. Duties of building official. (a) The building official, under the supervision of the city manager or department head duly delegated and appointed by the city manager, shall administer and enforce this chapter. He shall be provided with assistance of such other officers and employees of the city as may be necessary to enforce this chapter. (b) If the building official finds that any section of this chapter is being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of this chapter. (Code 1981, § 645.01) Sec. 110-89. Penalties for violation. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of this chapter shall, upon conviction, be punished as provided by section 1-15. (Code 1981, § 645.43) Sec. 110-90. Complaints of violations. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter. (Code 1981, § 645.41) Sec. 110-91. Conformity to plans, specifications, intended uses and applications. Under this chapter, building permits or certificates of occupancy issued by the building department on the basis of plans, specifications, intended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications shall be deemed a violation of this chapter and shall enable the building official to have the electrical meter removed from the unit until such violation is corrected and the building permit or certificate of occupancy is brought current. (Code 1981, § 645.11) Sec. 110-92. Schedule of fees, charges and expenses. (a) The fees and charges, in connection with matters pertinent to zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals, shall be as set forth in appendix B to this Code. When the fee has been paid and the application filed, there shall be no return or rebate of the fee, regardless of the city's determination in the matter involved. (b) In addition to the scheduled fees, when an application is filed for rezoning or for a proposed amendment to this chapter, the applicant shall deposit with the city sufficient money to defray all involved costs for advertising, publication, administration and recording, as determined by the city clerk. If the process is not completed, any unexpended prepaid fees will be refunded to the applicant. (c) No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning, zoning amendments, petitions for changes in zoning districts or appeals shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. All fees, costs and charges, upon collection, shall be deposited in the general fund of the city. (d) Fees for proposed zoning amendments or appeals of administrative decisions shall be waived, provided the petition for amendment or appeal is sponsored by a majority of the city council or the planning and zoning board. Compliance with this subsection renders the petition an official city mandate for presentation to the board of adjustment or the city council, as appropriate, for final decision, without fee. (Code 1981, § 645.37) Secs. 110-93--110-105. Reserved. DIVISION 2. PERMITS Sec. 110-106. Required. (a) No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the building official. No building permit shall be issued, except in conformity with this chapter and section 106 of the building code adopted in section 82-31 or other codes and statutes as applicable, until after written order from the board of adjustment in the form of an administrative review, special exception or variance as provided by this chapter. (b) The issuance of a permit upon plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in such plans and specifications and requiring the correction of building operations being carried on thereunder to conform to corrected plans and specifications, when in violation of this Code. (c) No permit shall be issued for a building or use on a lot or parcel in any land use classification that does not abut on a public street or an approved private street or easement dedicated and accepted by the city providing legal access to a public street. (Code 1981, § 645.03) Sec. 110-107. Application. (a) All applications for building permits required under this chapter shall be made in conformity with this chapter and other applicable city ordinances or codes, including those ordinances or codes applicable to the building and construction industry. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the legal description and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing , if any, and the size, shape and location of the building or alteration, including accessory buildings or structures, if any. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necess ary to determine conformance with and provide for the enforcement of this chapter. (b) It shall be unlawful for any person to continue construction of any building or structure beyond the foundation until a plot plan showing the foundation of the building or structure has been prepared in duplicate by a licensed surveyor and approved by the building official. One copy of the plot plan shall be returned to the owner, and one copy shall be filed with the city. (c) One copy of the plans shall be returned to the applicant by the building official, after he shall have marked such copy as permitted for construction and attested to such by his signature on such copy. This copy of the plans shall be available at the site of construction during all times when construction is being carried on. The second copy of the plans, similarly marked, shall be retained by the building official. (d) No building permit shall be granted for the construction, addition or alteration of a place of assembly, unless plans signed by a registered architect or registered engineer, according to the laws of the state governing the practice of architecture, accompany the permit application. (e) Where plans and specifications for construction in the city are revised by the city engineer, the actual costs of such review shall be paid by the applicant, whether a building permit is issued or not. The building official shall require a deposit of estimated cost upon receipt of the application for a building permit. (Code 1981, § 645.04) Sec. 110-108. Expiration. The expiration date of the building permit shall be in accordance with section 106.6.1 of the building code adopted in section 82-31. (Code 1981, § 645.09) Secs. 110-109--110-120. Reserved. DIVISION 3. CERTIFICATE OF OCCUPANCY Sec. 110-121. Required. No land or building or part thereof erected or altered in its use or structure shall be used until the building official shall have issued a certificate of occupancy stating that such land, building or part thereof and the proposed use thereof is found to be in conformity with this chapter. Within three days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof is found to conform with this chapter. If issuance of such certificate is refused, the building official shall state such refusal in writing with the reason. A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguard s as will protect the safety of the occupants and the public. (Code 1981, § 645.07) Sec. 110-122. Hotels and motels. A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20-98) Secs. 110-123--110-135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law and this division. (Code 1981, ch. 647) Sec. 110-137. Procedure. (a) Any amendment to this chapter may be proposed by: (1) The city council. (2) The planning and zoning board. (3) Any department or agency of the city. (4) Any person or entities. (b) All proposed amendments shall be submitted to the planning and zoning board (in its capacity as both the planning and zoning board and the local planning agency) for study and recommendation. The planning and zoning board shall study such proposals to determine: (1) The need and justification for change. (2) The relationship of the proposed amendment to the purpose of the city's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan. (c) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommendation. (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in section 166.041, Florida Statutes, as amended, and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of chapters 163 and 166, Florida Statutes. (e) Any proposal for a zoning amendment by any individual, corporation or agency pursuant to this section shall be by application, which shall contain the following information: (1) The name of the owner of the particular real property; (2) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be detached; (3) The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property; (4) The current land use zoning classification, or special exception, with any specified conditions, as recorded on the official zoning map; (5) The requested land use zoning classification or special exception classification that constitutes an amendment to the official zoning map. (6) At least 30 days in advance of the planning and zoning board meeting, provided for in subsection (g) below, the applicant shall provide the names and addresses of all property owners (affected property owners) owning property which lies within a radius of 500 feet of a boundary of the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected. (f) No recommendation for change or amendment may be made by the planning and zoning board until due public notice has been given or a public hearing. Public hearing notice shall be given at least 15 days in advance of the hearing by the publication in a newspaper of regular and general circulation in the city hall. No recommendation for change shall be made by the planning and zoning board unless and until the public hearing has been advertised. Said notice shall contain the names of the applicant, the legal d escription of the affected property, the existing land use classification and special exception designation, the request amendment to the official zoning map, and the time and place of the public hearing on the consideration of said application. (g) For proposed zoning changes, a notice shall be prepared and mailed by the office of the city clerk using certified mail to all affected property owners(as defined in subparagraph (6) of paragraph (e) of this section), stating the time, date, and location of the planning and zoning meeting and further indicating that the role of the planning and zoning board is advisory in nature and that final legislative approval or denial will be before the city council at a subsequently scheduled meeting; provided howeve r, that failure to receive such notice shall not affect any action or proceeding taken hereunder or constitute a defect upon which any claim can be made against the city. (h) When any proposed change of a zoning district boundary lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change. (Code 1981, § 647.01; Ord. No. 14-97, § 1, 11-18-97; Ord. No. 6-99, § 1, 6-15-99; Ord. No. 09-2002, § 1, 5-21-02; Ord. No. 18-2002, § 2C, 12-17-02) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain conditions, limitations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. When a proposed change in zoning district boundaries has been acted upon by the city council and disapproved or failed to pass, such proposed change, in the same or substantially similar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the original request was initiated by the city council, planning and zoning board or any department or agency of the city nor shall such restriction apply to the city council, the planning and zoning board or any department or agency of the city. (Code 1981, § 647.05) Secs. 110-140--110-160. Reserved. ARTICLE IV. SPECIAL EXCEPTIONS DIVISION 1. GENERALLY Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconforming. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162--110-170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES* *Cross references: Alcoholic beverages, ch. 6. Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this section and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beve rages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection 110- 171(a)(2) are: a. Restaurants seating 200 or more persons. b. Hotels and motels with 50 or more guestrooms. C. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. 2. Consumption of food and malt beverages or wine shall be on -premises only; however, food carryout without the alcoholic beverages may be permitted. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provision s of this subsection 110-171(a)(2)c.3. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. 4. Sale or consumption of malt beverages and wine shall be limited to the time period set by chapter 6. d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02(4). (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only. (4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following information: 1. The outer boundary of the vicinity map, which shall be at least 2,500 feet from the centroid of the proposed establishment's property. 2. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in subsections (a)(1) and (a)(2) of this section. 3. Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(1) of this section. 4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(2) of this section. 5. Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated. b. The site plan map shall be drawn at a scale not less than one inch equals 100 feet and shall indicate the following information: 1. Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. 2. The following information shall be presented in tabulated form: i. Number of parking spaces. ii. Number of restaurant seats. iii. Number of bar/lounge seats. iv. Building area. v. Lot area. c. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits. (b) Any special exception granted under this section may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (2) The establishment has committed substantial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gambling. Prior to any special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. (c) For on -premises consumption of liquors, restaurants or cocktail lounges shall have a minimum building area of 2,000 square feet and a seating capacity of 100 patrons. (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2, 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No. 36-2003, § 2, 10-21- 03) Secs. 110-172--110-190. Reserved. ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent. (a) Within the districts established by this chapter or subsequent amendments there exist lots, structures, placement of structures, uses of land and structures and characteristics of use which were lawful prior to enactment of the ordinance from which this section is derived or amendment, but which would be prohibited, regulated or restricted under the terms of this chapter or subsequent amendment. It is the intent of this chapter to permit these nonconformities to continue, but not to encourage their continua nce. Such nonconformities are declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in applicable districts. It is further the intent of this chapter that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (b) Any building which is made nonconforming by virtue of this chapter shall be allowed to be replaced, if it is destroyed, to the same standards that it was prior to the adoption of this chapter (September 6, 1983). This shall also include those projects which are yet to be completed, but for which application for site plan approval has been made prior to adoption of this chapter and for which a building permit was obtained before February 28, 1984. If a rebuilding is required, all efforts shall be made, where practicable, to conform to the existing zoning ordinance. (c) All nonconforming lots of record as of September 6, 1983, shall be allowed to be used in constructing structures that have been destroyed. The rebuilt structure will be rebuilt as close as practicable to the original building and shall make every effort to conform to the existing zoning ordinance. (d) This chapter shall not be construed to allow for the extension or enlargement of a nonconforming lot or building but is merely intended to allow the rebuilding of structures after the result of a catastrophe in as near a similar fashion as practicable. (Code 1981, § 643.01) Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. (Code 1981, § 643.03) Sec. 110-193. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this section is derived that could not be built under this chapter because of restrictions on area, lot coverage, height, setback or other characteristics of the structure or its location on the lot, such structure may be continued, so long as it remains otherwise lawfully subject to the following: (1) Such structure may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. (2) Should such structure be destroyed by any means to an extent of more than 50 percent of its fair market value at time of destruction, it shall not be reconstructed, except in conformity with this chapter. (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. (4) Where a lawful dwelling structure, located on a single lot of record, exists at the effective date of adoption or amendment of the ordinance from which this section is derived that could not be built under this chapter, such structure may be repaired, enlarged, extended, rebuilt, reconstructed or structurally altered, provided that setback dimensions, maximum lot coverage, building setback lines and other requirements of the additional structure conform to the regulations for the district in which such lot is located. Any additional construction to an existing structure that encroaches on setback requirements must conform to the setback requirements of the zoning district. Any legally established encroachment on setback requirements may be repaired, rebuilt, reconstructed or structurally altered, but not enlarged or extended, provided the encroaching portion of the structure is an integral part of the structure. (Code 1981, § 643.05) Sec. 110-194. Nonconforming uses of land. In any zoning district, at the effective date of adoption or amendment of the ordinance from which this section is derived, where lawful use of land exists that is made no longer permissible under the ordinance from which this section is derived, as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding $2,500.00, such use may be continued, so long as it remains otherwise lawful, subject to the following: (1) No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this section is derived, unless such use is changed to a use permitted in the district in which such use is located. (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this section is derived. (3) If any such nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, any subsequent use of such land shall conform to the sections specified by this chapter for the district in which such land is located. (4) No additional structure which does not conform to this chapter shall be erected in connection with such nonconforming use of land. (Code 1981, § 643.07(A)) Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination. If a lawful use involving individual structures or of structures and premises in combination, with a replacement cost of $2,500.00 or more per individual structure, exists at the effective date of adoption or amendment of the ordinance from which this section is derived that would not be allowed in the district under this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following: (1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this section is derived, but no such use shall be extended to occupy any land outside such building. (3) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and nonconforming use may not thereafter be resumed. (4) When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the premises, the structure or structure and premises in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located. (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term "destruction," for the purpose of this subsection, means damage to an extent of more than 50 percent of the fair market value at time of destruction. (6) The following schedule shall be followed in terminating nonconforming use of structures or of structures and premises, except for residential uses; such termination period shall commence August 4, 1971: TABLE INSET: Assessed Valuation of Improvements Time Allowance Termination in Years $ 1,000.00--$ 2,499.00 5 2,500.00-- 4,999.00 10 5,000.00-- 9,999.00 20 10,000.00-- 24,999.00 30 25,000.00-- 49,999.00 40 50,000.00 --over 50 (7) Any new or additional use which is nonconforming shall not be permitted. (8) Notwithstanding subparagraph (7), the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding area. A petition for a change shall be submitted to the building official and shall contain or be subject to the following: a. The property owner's name and address, a recorded deed indicating ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. C. A sealed, as -built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. d. An application fee as established by the city council to be set forth in appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, less intensive, and more compatible with the surrounding area than the present nonconforming use. f. All proposed applications shall be submitted to the planning and zoning board for study and written recommendation. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. g. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application. h. Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which approval is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which the change of nonconforming use is sought and at the city hall. i. A courtesy notice may be mailed to the property owners of record within a radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall not affect any action or proceedings taken under this article. j. Any party may appear in person or be represented by an attorney at the public hearing. k. The board of adjustment shall make written findings certifying compliance in the same manner that is provided for in section 110-47 of this chapter. In addition to the criteria contained in section 110-47, the board of adjustment shall also determine if the proposed nonconforming use is more restrictive, less intensive and more compatible or appropriate than the present nonconforming use and in its determination the board of adjustment may consider, including, but not limited to, the following: Will the req uested use (i) use less space; (ii) have fewer employees; (iii) require less parking; (iv) create less traffic; (v) have fewer deliveries; (vi) create less noise; (vii) create a better benefit to surrounding area than previous use; (viii) be more acceptable with the existing and future use or make up of the area, (ix) be more normally found in a similar neighborhood; or (x) be of a less impact than the present nonconforming use? (Code 1981, § 643.07(6); Ord. No. 19-96, § 1, 9-3-96) Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings are permitted, a single- family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the appli cable zoning district. (Ord. No. 41-2003, § 2, 12-16-03) Editor's note: Ord. No. 41-2003, § 2, adopted Dec. 16, 2003, added a new section 110-196 to read as herein set out and renumbered the former §§ 110-96 and 110-97 as 110-97 and 110-98. Sec. 110-197. Repairs and maintenance. (a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this section is derived shall not be increased and, provided further, that such r epair or replacement shall not affect the assessed valuation -time allowance before termination setting the time limit for conformity, set forth in section 110-195(6). (b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official. (Code 1981, § 643.09) Sec. 110-198. Temporary uses. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of the ordinance from which this section is derived, unless it complies with this chapter. (Code 1981, § 643.15) Secs. 110-199--110-220. Reserved.