§ 13-313. General administration of amendment and permit applications.

Applications for amendments and permits have the following general administration requirements.

(a)

Pre-application meeting.

(1)

County staff. Prior to filing for any amendment or permit, an applicant may be required to consult with county development staff. All other applicants are strongly encouraged to meet with staff prior to submitting applications for development. The purpose of this pre-application consultation is for informal discussion of the schedule and requirements of the comprehensive plan and this chapter applicable to the proposed development. The dissemination of information or general affirmation by development review staff shall not be construed as a development approval.

(2)

Regulatory agencies and utilities. It shall be the responsibility of the applicant to contact all regulatory agencies having jurisdiction, and utility companies having existing or future facilities at the proposed development site.

(b)

Application submission.

(1)

Filing. A request for an amendment or permit is initiated with the submission of an application by authorized applicants to the director for presentation to the authority.

(2)

Authorized applicants.

a.

Zoning map and LDC amendments.

1.

Zoning map amendments. Applications may only be submitted by an owner of record of subject property or the authorized agents. An applicant must submit evidence of his/her authority to submit an application. In addition, the commission is authorized to initiate a zoning map amendment on any parcel of land in the unincorporated area of the county.

2.

LDC text amendments. Applications may be submitted to amend the text of the Land Development Code by any private or public person or entity or their representative.

b.

Land use and development permits (except building permits). Applications may only be submitted by all owners or the authorized agents. An applicant must submit evidence of his/her authority to submit an application.

c.

Building permits. Permits may only be obtained by those persons or entities eligible to perform the work under F.S. ch. 489, part I, or chapter 6, article II of this code, or their authorized agent.

1.

Applicants seeking to qualify as owner-occupier under the above laws may be required to furnish the names of all contractors to be used prior to issuance of the permit or prior to a certificate of occupancy being issued.

2.

Agents for licensed contractors shall only be accepted after presentation of a notarized affidavit by said contractor.

(3)

Application fees. Application fees shall be set by the Board of County Commissioners via resolution at its sole and absolute discretion.

(4)

Application materials. An application form, in a format provided by the director, and other materials are required for each amendment or permit application. The burden of presenting a complete application shall be upon the applicant. An application is presumed complete when it contains all of the information required by the application and this code. The authority may allow less information or require more information to be submitted according to the needs of the particular application.

(c)

Application processing.

(1)

Application identification. Upon filing, an application shall be assigned a unique identification number.

(2)

Expeditious processing. Department and all authorities shall make every reasonable effort to process all applications as expeditiously as possible, consistent with any public notice requirements of division 2 and schedule of public hearings established by the commission, and with the need to ensure that all approvals conform to the requirements of the comprehensive plan and this chapter and are in the best interests of the citizens of Sumter County.

(3)

Application completeness review.

a.

Completeness review. Upon receipt of an application, the director or designee shall review it for completeness within the time limits specified.

b.

Request for additional information.

1.

The director or designee shall notify the applicant of any apparent errors or omissions and request any additional information.

2.

Failure to correct an error or omission or to supply additional information shall not be grounds for dismissal of an application, except that this does not prevent the authority from denying an application if it does not possess sufficient information to ensure the request meets code.

(4)

Review set.

a.

Review set. Upon determination of completeness, or notification that no additional information is forthcoming, the director shall set the application for formal review and action by the authority as presented in Table 13-313A, and in this article.

b.

Application amendments. An application may be amended after it has been noticed for public hearing; however, such amendment may result in a delay or cancellation of the application's scheduled hearing.

c.

Application withdrawal. Applications may be withdrawn by the applicant at any time.

d.

Application abatement. Applications will be abated after one (1) year of inactivity from the date of the last comment letter submitted by staff. The director may extend this timeframe, if there are peculiar circumstances related to the site.

(d)

Review and approval procedure. Review and approval procedures are established in this article, and are charted for information purposes in Table 13-313A.

(e)

Level of review required.

(1)

TABLE 13-313A DEVELOPMENT REVIEWS AND APPROVALS

Application/Permit Type	Section		Staff	Division Director		ZAB	BOCC
Site Plans
Conceptual Plan	13-332		Yes	Yes		No	Yes
Preliminary Plan	13-340		Yes	Yes		No	No
Engineering Plan	13-340		Yes	Yes		No	No
Subdivisions
Subdivision	13-350		Yes	Yes		No	No
Preliminary Plat	13-351		Yes	Yes		No	No
Final Plat	13-354		Yes	Yes		No	Yes
Comp Plan/FLUM/Zoning Map Amendments
Comprehensive Plan/Future Land Use Map Amendment			Yes	Yes		Yes	Yes
Zoning Map Amendment	13-321		Yes	Yes		Yes	Yes
Zoning Map Amendment To PUD	13-321		Yes	Yes		Yes	Yes
LDC Amendments (Text)	13-321		Yes	Yes		Yes	Yes
Use Permits
MINOR DEVELOPMENT
Permitted	13-341		Yes	Yes		No	No
Special	13-331		Yes	Yes		Yes	No
Temporary (short)	13-331		Yes	Yes		No	No
Temporary (long)	13-331		Yes	Yes		Yes	No
MAJOR DEVELOPMENT
Permitted	13-341		Yes	Yes		No	No
Special	13-331		Yes	Yes		Yes	Yes
Conditional Use	13-341		Yes	Yes		Yes	Yes
Temporary (short)	13-331		Yes	Yes		Yes	Yes
Temporary (long)	13-331		Yes	Yes		Yes	Yes
Others
Building Permit	13-341		Yes	No		No	No
Operating Permit	13-341		Yes	Yes		No	Yes
Change of Occupancy	13-341		Yes	No		No	No
Development Agreement	13-321		Yes	Yes		No	Yes
Deviation	13-344		Yes	No		No	No
Variance	13-371		Yes	Yes		Yes	No
Floodplain Variance	13-372		Yes	Yes		Yes	No

 

ZAB = Zoning Adjustment Board; BOCC = Board of County Commissioners; PUD = Planned Unit Development

Temporary use (short and long) permits require ZAB approval, if first denied by staff. All temporary use (long) permit renewals require ZAB approval.

a.

Sufficiency. The burden of presenting a sufficient application to the authority shall be upon the applicant. An application is sufficient when it contains all of the information necessary for the authority to decide, at that level of review, whether the development complies with the code. The director or designee shall determine if the application is sufficient and shall specify the particular type of information lacking and/or the particular requirement with respect to which the application is insufficient.

b.

Consistency.

1.

In deciding whether to approve an application, the central issue before the authority is whether the proposed change is consistent with the Goals, Objectives and Policies of the Sumter County Comprehensive Plan, requirements of this chapter, other applicable laws, previously approved plans and permits, and advances the public health, safety or welfare.

c.

Review criteria.

1.

For LDC and Zoning Map amendments, considerations shall include, but are not necessarily limited to:

a)

Change of conditions, or absence of changed conditions.

b)

Community need, or lack of community need.

c)

Benefits to the community.

d)

The rights of private property owners.

2.

For special, conditional and temporary land use permits, considerations shall include, but are not necessarily limited to:

a)

Community need, or lack of community need.

b)

Adverse impacts on the community.

c)

Benefits to the community.

d)

The rights of private property owners.

d.

Other considerations. Most other issues are secondary, and all information related to other issues raised at any public hearing should be regarded as such by the authority. In particular:

1.

When considering LDC and zoning map amendments:

a)

The authority should consider whether the entire range of permitted uses in the requested zoning district is more appropriate than the range of permitted uses in the existing district.

b)

The authority should balance the rights of that individual with the impact of the proposed changes on the public at large.

2.

Land use permits. When considering land use permits the authority should consider the impact of the proposed change on the public at large.

(2)

Action on application. Recommending and approving authorities shall take action on applications as follows:

a.

Approve as presented. A motion or action to approve the application as presented shall specify the specific goals, objectives or policies in the comprehensive plan, sections of this chapter or other applicable laws with respect to which the application complies.

b.

Approve with conditions. Where authorized in this chapter, the application may be approved subject to conditions. The nature of the required conditions shall be indicated in writing on the records of the authority and furnished to the applicant. The action and conditions may be appealed as provided in division 7 of this article. An appealed decision of one (1) or more of the required conditions shall be considered a rejection of the application approval and such approval shall expire.

c.

Disapproval.

1.

A motion to approve that fails to obtain an affirmative vote shall be considered an action for disapproval. Subsequent to the vote, the authority shall specify the items of non-compliance.

2.

A motion or action for disapproval shall specify the specific goals, objectives or policies in the comprehensive plan, sections of this chapter or other applicable laws with respect to which the application does not comply. If such a motion or motions fail, it shall be conclusively presumed that the application complies with all laws. If the application is disapproved, the authority shall provide the reasons for disapproval in writing on its records and furnished to the applicant. While adherence to the requirements of the comprehensive plan, this chapter and other laws is mandatory, all recommending and approving authorities shall make reasonable attempts to facilitate a resolution of the non-compliance issues upon which a disapproval is proposed or given, when alternative methods of compliance are apparent.

Nothing herein shall prevent an applicant who has received approval with or without conditions from applying for an amendment to any action by Sumter County, its staff or reviewing boards for an amendment to such approval.

d.

Table (or continue) the application. If the authority determines that information for the proper evaluation of the application is not available at the time of review, it may postpone its decision until a future date to provide the opportunity for such to be furnished.

e.

Return application. At the discretion of the approving authority, the application may be returned to the recommending authority for further consideration where additional material information, which was not reasonably available at time of recommendation hearing, has become known.

(3)

Actions of the authority shall be recorded and included in the written minutes of the public hearing or meeting at which the action was considered and all such actions shall be deemed final for purposes of appeal on the date the action is taken.

a.

For all amendments and special, conditional and long temporary use permit applications requiring public hearings.

1.

Actions of the authority shall be placed in the written minutes of the public hearing, along with the reason(s) for the action, and reported to the applicant and any subsequent recommending or approving authority, in writing, by the director.

2.

A staff report shall be issued and entered into the record of the required public hearing.

b.

For short temporary use and development permits. Actions of the authority shall be placed in the written minutes of the public hearing, along with the reason(s) for the action, and reported to the applicant and any subsequent recommending or approving authority, in writing, by the director. When an approved plan, plat or permit deviates from the preceding approvals of that development activity, such deviations and the reasons therefore shall be included in the written decision.

(f)

Reapplication.

(1)

Amendments and use permits. Whenever the authority disapproves an application for an amendment or use permit, a reapplication for the same amendment or use permit may not be submitted except in conformance with the following:

a.

Disapproval. Unless specified otherwise in the disapproval, denied applications may be resubmitted to the director any time after a period of ninety (90) days from date of denial has expired.

b.

Waiver of time. Notwithstanding subsection a., whenever an application is denied on a basis other than the failure of the applicant to submit a complete application, a reapplication may be allowed by the director at any time as follows:

1.

Where the applicant clearly demonstrates that circumstances affecting the property that is the subject of the application have substantially changed since the denial; or

2.

Where new material information is available that could not with reasonable diligence have been presented at a previous hearing.

3.

A request to be heard on the basis of subsection 1. or 2. may be filed with the director at any time. However, such filing does not extend the time period within which an appeal must be taken. Although an application may be accepted by the director, the final determination for meeting the conditions of subsection 1. or 2. rests solely with the authority.

c.

New application. Notwithstanding subsections a., b. and c., new applications affecting the same property previously denied may be submitted. A new application is one (1) that differs substantially from one (1) previously considered. Although an application may be accepted by the director, the final determination for meeting the conditions of a new application rests solely with the authority.

(2)

Development permits. Disapproved applications for development permits may be resubmitted at any time.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15)