§ 16.70.010.11. Sequencing in permitting and development review processes.

A.

Wherever in the Code an owner or applicant is required to obtain any approval (including building permits) wherein a prerequisite of such approval is the receipt of some other approval (including approvals from other governmental entities), the POD or reviewing board, commission or City Council may grant the second approval when the prerequisite approval has not been obtained with a condition that the prerequisite approval may be obtained. The POD or reviewing board, commission or City Council may consider whether applications have been made for such other approvals and whether the design plans appear feasible and address essential infrastructure improvements and may defer action until the prerequisite approval is obtained or adequate information provided. (For example, the Code currently requires a subject property to obtain preliminary plat approval prior to site plan approval and to have the appropriate land use and zoning designations. Under this subsection, the site plan approval could be granted conditioned on the receipt of the preliminary plat approval prior to issuance of final certificate of occupancy; however, the site must have the appropriate zoning and land use prior to site plan approval.) This subsection shall not allow any approvals for a site unless it has the necessary zoning and land use designation, unless such approvals are otherwise allowed by the Code. In no event shall a final certificate of occupancy be issued until all approvals required by the Code have been obtained.

B.

Issuance of a final certificate of occupancy may be made when conditions of approval which require exterior physical improvements have not been met if a financial guarantee is provided which is 150 percent of the estimated total cost of completion of the physical improvements and the cost of administering the completion of the improvements. Such improvements must be completed within nine months of issuance of the final certificate of occupancy. Financial guarantees shall be either a letter of credit drawn on a local institution acceptable to the POD which are effective for at least one year from the date of issuance of the final certificate of occupancy or a certified check, cashier's check or cash to be held by the City which shall be returned without interest upon completion of the physical improvement. This subsection shall not supersede any requirements of the Florida Building Code or any Florida Fire Prevention Code. Exterior physical improvements shall not include any requirement for utilities and vehicular transportation infrastructure requirements.

(Code 1992, § 1-17; Ord. No. 334-G, § 1, 6-25-1998)