§ 62-1157. Submission of binding development plan in support of request for change of zoning or conditional use permit.

An applicant for a change of zoning or a conditional use permit may voluntarily submit a binding development plan in support of such change of zoning or conditional use permit.

(1)

Basic requirements for a binding development plan are as follows:

a.

The plan shall provide a legal description of the land subject to the restriction.

b.

Where a concurrency issue is addressed by the binding development plan, the plan shall specify a time certain for performance by the property owner.

c.

The plan shall provide a written description of the particular conditions, restrictions or requirements placed on the property prior to development.

d.

The binding development plan shall also include a conceptual graphic representation, when applicable, of the proposed development, depicting all restrictions stipulated in subsection (1)c of this section.

e.

Where a binding development plan is submitted, approval of the zoning action shall be contingent upon the presentation of a final and complete binding development plan and acceptance of the plan by the board of county commissioners.

f.

If appropriate, the document should state the level of development permitted. The document shall specify that no further development shall be permitted without a waiver or release of the restrictions by the county. Any restriction stipulated in the binding development plan shall not be less restrictive than requirements of existing codes and regulations.

g.

The document shall be recorded by the applicant in the public records of the county, and a certified copy of the recorded document shall be supplied to the zoning division within 120 days of approval by the board of county commissioners. Approval of the zoning action is not effective until such criteria are satisfied. If the applicant fails to record the binding development plan prior to the expiration of 120 days from the date of approval by the board of county commissioners, then the application will be considered to have been withdrawn.

(2)

Before entering into, amending or revoking a binding development plan, or amending, revoking or removing an existing binding site plan where rezoning is not also under consideration, two public hearings shall be held. The first public hearing shall be held by the local planning agency, and the second public hearing shall be held by the board of county commissioners. The notice requirements for rezoning of property contained in section 62-1151 shall apply. However, the notice shall describe generally the proposed binding development plan or the proposed amendment to the binding development plan rather than the proposed amendment to the official zoning map which is referenced in section 62-1151.

(3)

The public hearings described in subsection (2) of this section shall be conducted and the item considered as required in section 62-1151 and the 1988 county comprehensive plan, as amended. However, the review shall be of the proposed binding development plan or the proposed amendment to the binding development plan rather than the proposed zoning classification referenced in section 62-1151.

(4)

Existing binding site plans shall be treated as binding development plans insofar as they are consistent with the 1988 county comprehensive plan, as amended, and more restrictive ordinances of the county, and the plans shall continue to be binding on the applicant and his assigns, heirs and successors in title or possession of the lot, tract or parcel of land. However, at the time such binding site plans are amended, the plan shall be converted to the form of the binding development plans required under this section.

(Code 1979, § 14-20.23; Ord. No. 98-56, § 1, 11-30-98)

State law reference

Florida Local Government Development Agreement Act, F.S. § 163.3220 et seq.

Cross reference

Business tax, § 102-26 et seq.