HomeMy WebLinkAbout2006 06 15 Public Hearing 201 Starlight Baptist Church Variance Request
Board of Adjustment
AGENDA
ITEM 201
Consent
Informational
Public Hearing X
Regular
June 15~ 2006
Meeting
Mgr. / Dept
Authorizati on
REQUEST: The Community Development Department requests the Board of Adjustment hold a
public hearing to review and provide the City Commission a recommendation for Starlight
Baptist Church's variance request from Section 9-278 of the City Code to allow stabilized grass
parking at its 190 East Bahama Road location, for those parking spaces to be used only on
Sundays and on Wednesday evenings, pursuant to Section 9-5 of the City Code. The request is
in conjunction with the conditional use and a site plan to expand the existing church on that 4.28
acre site at the N. W. comer ofE. Bahama Road and Hayes Road.
PURPOSE: The purpose of this agenda item is to consider a variance request to allow certain
stabilized grass parking spaces and provide a recommendation to the City Commission regarding
expansion of the Starlight Baptist Church, located at 190 East Bahama Road.
APPLICABLE CODE:
Sec. 9-5. Variances [from Chapter 9 specifications]
Sec. 9-278. General provisions for off-street parking.
Sec. 20-33. Conditional Uses.
Sec. 20-82. Duties and powers, general.
Sec. 20-163. Conditional Uses [in Rl-AA district].
CONSIDERATIONS:
The site is approximately 4.28 acres and contains the existing Starlight Baptist Church sanctuary
(nearly 6,000 SF), 2 unattached accessory buildings (totaling approximately 4,500 SF), and a
covered basketball court (approximately 5,000 SF). The site has Rl-AA zoning and a Rural
Residential Future Land Use (FLU) designation. It abuts other Rl-AA properties to the north,
east, and west; a portion ofthe Mount Greenwood [residential] PUD to the northwest; and RC-I
June 15,2006
Public Hearing Item 201
Page 2
property to the south. The site is located within the Ranchlands, an area ofthe City where the
residents take pride in its semi-rural character.
The church has submitted a conditional use application (to expand the church within the Rl-AA
zoning district), a final engineering/site plan (for the expansion), and a variance request (to allow
grassed parking for those spaces that will be used only on Wednesday evenings and Sundays).
The plan is to construct a new 30,167 SF sanctuary (with 783 seats) and provide additional
parking for the expanded facility and generally bring the site into conformance with Code. The
existing structures are proposed to remain, with the covered basketball court eventually being
enclosed. A development agreement is proposed (not yet received) to address scheduling a
sidewalk along E. Bahama Road and other site issues, probably including, but not limited to bus
parking/screening, overnight accommodation of visiting pastors and/or visiting singing groups.
The applicant requests a variance from the Section 9-278 requirement that parking spaces be
either paved or hard-surfaced, pursuant to the variance provisions of Section 9-5, to allow
stabilized grass parking for those spaces that will only be used on Wednesday evenings and
Sundays. Staff supports this variance and notes that many local codes have provisions to allow
stabilized grass parking for those spaces not used on a daily basis at a church.
Section 9-5 (see attached) provides a mechanism for variances from the Land Development Code
requirements of Chapter 9. These are different requirements than the Chapter 20, Zoning Code.
a) "The board of adjustment may grant a variance from the terms of this chapter when
such a variance will not be contrary to the public interest, and where owing to special
conditions, a literal enforcement of the provisions of this chapter would result in
unnecessary hardships. Such variances shall not be granted if it has the effect of nullifying
the intent and purpose of this chapter."
Staff believes it is in the public interest to allow adequately stabilized parking for spaces that will
only be used on Wednesday evenings and Sundays, minimizing the impervious area of and
stormwater runoff from the site. Many other city and county codes contain language to allow
stabilized parking in these circumstances. A literal interpretation of the requirement for all paved
or hard-surfaced parking would create a hardship in that the site would be less environmentally
friendly (e.g. more impervious, more and hotter storm-water runoff, hotter parking lot surface,
less conducive to maintaining a healthy vibrant landscape and therefore less aesthetically
appealing) for no apparent practical reason. The grassed area could be used for active recreation
when not being used for parking. Grassed parking would also help maintain the semi-rural
character of the area. It will be the church's responsibility to design, construct, and maintain the
stabilized grass parking so that it does not become rutted or unsightly.
If, in the future, the church expands its operations to include more daily activities which increase
the daily parking demand, the additional demand should be met with additional paved or hard-
surfaced parking.
June 15,2006
Public Hearing Item 201
Page 3
b) "A written application for such variance must be submitted demonstrating that special
conditions exist which are peculiar to the lands, structures, or required subdivision
improvements involved and which are not applicable to other lands, structures or required
subdivision improvements."
Staff believes that parking requirements, as they apply to churches and their needs, are unique.
Churches that do not provide extensive or intensive activities throughout the week are typically
required to only provide paved or hard-surfaced parking for those spaces used on a regular basis,
in contrast to those used only on Wednesday evenings and Sundays. Some consider the
Ranchlands to be a unique area ofthe City, where there has always been an emphasis on
maintaining the semi-rural character of the area.
c) "Before any variance shall be granted, a public hearing on the proposed variance shall
be held by the board of adjustment. Notice of such public hearing shall be published
fifteen (15) days prior to the hearing in a newspaper of general circulation in the county.
Such notice shall also be posed fifteen (15) days prior to the hearing in three (3) separate
places in the city, and be mailed to all persons who are record owners of property within
one hundred fifty (150) feet of the subject property."
This has been done. Notice has been posted in 3 locations. Letters went out to all abutters
within 150' feet of the subject property (list provided by applicant) on May 26,2006. An
advertisement was published in the Orlando Sentinel on June 1,2006 (page G4).
d) "The board of adjustment shall make findings that the requirements of each portion of
this section have been met. The board of adjustment shall further make a finding that the
reasons set forth in the application justifying granting of the variance and that the variance
is the minimum variance that would make possible the reasonable use of lands, buildings or
other improvements."
Staff believes this is the minimum variance required to allow the proposed expansion of the
church, meet the legitimate parking needs ofthe church, and maintain the semi-rural character of
the neighborhood.
e) "The board of adjustment shall make a further finding that the granting of the variance
would be in harmony with the general purpose and intent of this chapter and will not be
injurious to the surrounding territory or otherwise detrimental to the public welfare."
Staff believes that granting the variance would be in harmony with the general purpose and intent
of this chapter and will not be injurious to the surrounding territory or otherwise detrimental to
the public welfare. Staff believes that requiring paved or hard-surfaced parking for all the
required spaces (paving spaces that will only be used 2 days a week) would actually be less in
harmony with the general purpose of the chapter and would be injurious to the surrounding
June 15,2006
Public Hearing Item 201
Page 4
territory and otherwise detrimental to the public welfare. Granting the variance, subject to
reasonable conditions, would further protect and maintain the rural character of the Ranchlands.
f) "In granting any variance, the board of adjustment may prescribe appropriate
conditions and safeguards, to such variance, and when made a part of the terms which the
variance is granted a violation of any term or condition shall be deemed a violation of this
chapter and shall be punishable as such.
Staff believes that the Board should recommend conditions of approval as follows:
(1) that the stabilized grass parking be allowed solely for those spaces which will be used
only on Wednesday evenings and on Sundays, on a regular basis (not to be penalized
for infrequent occasional use on other days or nights);
(2) such grassed parking be designed, constructed, and maintained to be functional, rut
free, and aesthetically pleasing;
(3) any change or intensification of daily parking demand must be met with a
commensurate additional number of paved parking spaces; and
(4) failure to adequately maintain the grassed parking area may result in paving or
providing hard-surface parking for all the spaces.
CHRONOLOGY:
November 1, 2005 - Conditional Use & site plan applications and fees received;
November 22,2005- Staffreview
March 16, 2006 - Revised plan and information submittal
Apri14, 2006 - Staffreview
May 12, 2006 - Variance application & fee received
FINDINGS:
1. The site is located within the Rl-AA One Family Dwelling [zoning] District and has a Rural
Residential Future Land Use (FLU) designation.
2. The variance request to allow stabilized grassed parking for those spaces used only on
Wednesday evenings and on Sundays must meet all the variance criteria set forth in Section 9-5
of the City Code.
3. Staff believes that the variance request meets all ofthe variance criteria and supports the
request, subject to the recommended conditions.
STAFF RECOMMENDATION:
Staff recommends that the BOA recommend approval for the variance request to allow the
Starlight Baptist Church to provide stabilized grassed parking for those spaces which will only be
used on Wednesday evenings and on Sundays, subject to the recommended conditions.
June 15,2006
Public Hearing Item 201
Page 5
BOARD OF ADJUSTMENT ACTION:
ATTACHMENTS:
A - Application Package
B - Location Map
C - Section 9-5
~
ATTACHMENT A
~
AMERICAN CIVIL ENGINEERING CO.
207 NORTH MOSS ROAD, SUITE 211 · WINTER SPRINGS, FLORIDA 32708
Telephone: (407) 327-7700 · Fax: (407) 327-0227
May 12, 2006
John C. Baker, AlCP
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: STARLIGHT BAPTIST CHURCH - WINTER SPRINGS, FLORIDA
NW CORNER OF HAYES ROAD & BAHAMA ROAD
V ARlANCE REQUEST APPLICATION
Dear Mr. Baker:
Find enclosed the following items in regards to the Variance Request Application for the
above mentioned project for your review, comment and to place this request along with
the Conditional Use application on the June City Council meeting: ~~
One (I) executed combined Variance Request Application At.. ~C:,-'''I$'O
One (1) review fee check in the amount of$500 ..." 2
One (1) copy of the boundary, topographic and tree survey C/~O,:~ 2006
One (1) copy of the legal description rrr,'/fi/){J~f~s"'l?l!y,
One (1) list of adjacent property owners f1tlinq 08
One (1) 11" x 17" copy of the map showing adjacent streets, zonings and
land uses
If there are any questions or comments regarding this application, please do not hesitate
in contacting us.
Sincerely,
American Civil Engineering Company
~J-J,~
Thomas H. Skelton, P.E.
Vice President
Cc: Dr. Glenn C. Riggs; Starlight Baptist Church
Greg Roebuck; Aagaard-Juergensen, Inc.
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:401-321-6695
BOARD OF ADJUSTMENT APPLICATION
o CONDITIONAL USE I SPECIAL EXCEPTION
6i VARIANCE
o WAIVER
APPLICANT:
MAILING ADDRESS:
PHONE & EMAIL
Srnrlight Baptist Church, Inc.
Last First Middle
lQO Fo. Bahama Road
winter Springs, Fl
City State
(407) fiQfi-Sl10
32708
Zip Code
ken@qppinc.com
PROPERTY OWNER:
If Applicant does NOT own the property:
MAILING ADDRESS:
PHONE & EMAIL
(Applicant)
Last
First
Middle
City
State
Zip Code
This request is for the real property described below:
PROPERTY ADDRESS: 190 E. Bahama Rd., Winter Springs, Fl. 32708
TAX PARCEL NUMBER: 02-21-30-50 4-0AO 0-00 2 0
SIZE OF PARCEL: 186,437 SF 4.28 AC
Square Feet
Acres
EXISTING LAND USE: Church
Current FUTURE LAND USE Classification: Pllbl i r./~p.mi -Public
Current ZONING Classification: R -1 AA
Please state YOUR REQUEST: RpqllP.Rt A Variance From The Requirements
Of Subsection 9-278(9), Pursuant To Section
95 Of The City Code, To Allow Stabilized Grass
n~~v;ngWnr ~hn~p ~pnCP.H That Are Used Only
On Sunday And Wednesday Nights.
March 1005
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
Q A copy of the most recent SURVEY of the subject property.
m A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
Gl 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
GJ JUSTIFICATION for the Request (See Attached List)
IX NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
Q Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
at APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
CONDITIONAL USE I SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE
$
500
2
March 2005
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certifY that I am the Owner in fee simple of subject lands described within this Application for
B~~
Signature of Owner
Sworn to and subscribed before me this
{I day of ~ 20.tLIL_
-t1- Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
.?K~
Notary Public
My Commission expires:
, loLli' .:.I'\.l:LTON
..:~;. ~'(;.I.. ORIDA
....",. 't-'. ~!('rl " .,. . STATE OF Fl
i ~ ~ L. :.1..', S~ )i\l # 00397402
\~~...: F. .Jlf S 4/27/2009
."1'10' ,\.f#.fI. "-
........ ,. r T:-f<U 1-8!l8-NOTARY1
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I,
do hereby, with my notarized signature, allow
to represent me in this Application related to my property_The
property is identified as: Tax Parcel Number(s)
Located at
Signature ofOwner(s)
Sworn to and subscribed before me this
day of 20__
Notary Public
My Commission expires:
Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
**************************************************************************************
3
March 2005
VARIANCE REQUEST
Taken from Winter Springs Code of Ordinances, Section 2D-32(d):
Address each of the following conditions related to the variance request. Attach
additional paper as necessary:
o What is the Variance you are requesting? A Variance From The Requirements
Of Subsection 9-278(9), Pursuant To Section 9-5 Of
The City Code
o What special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district?
The Majority Of The Parking Lot Will Only Be Used For Half
Of A Day On Sunday And A Couple Of Hours On Wednesday.
o Are these special conditions and circumstances the result of actions by the
applicant?
No. The Church Presently Has The Grass Parking.
o How will a literal interpretation of the provisions of the zoning district deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district and
work unnecessary and undue hardship on the applicant?
The Code Would Presently Require The Entire Parking Lot
To Be Paved. Therefore, 95% Of The Time, You Would Be
Lookinq At An Empty Paved Parkinq Lot.
6
March 2005
o Will granting the variance, confer any special privilege that is denied to other lands,
buildings or structures in the same zoning district?
No, It Is Very Common To Allow Grass Parking For Churches.
o Is the variance, as requested, the minimum variance that will make possible the
reasonable use of the land, building or structure?
It Is The Only Variance Being Requested.
o How is the variance in harmony with the general intent and purpose of the zoning
district?
The Church Is Located In A Residential Zoning District.
The Grass Parking Gives A Look Of An Open Field.
o Will granting the variance be injurious to the neighborhood or otherwise detrimental
to the public welfare?
Grass Parking Would Not Be Injurious To The NeighborhoodOr
Detrimental To The Public Welfare.
o Identify how the request is consistent with the objectives and policies of the
Comprehensive Plan:
To Provide The Required Parking, While Not Having A Paved
Parking Lot That Would Need To Be Screened.
7
Man:h 2005
"'.
--
-
-
....
-
-rw_.E
___c.t _ ___ _
---- -- ...
'0::> f)NIH~~NIDN~
1IAI::> NV::>ru~NV
$f)N1IId$/SlNIM :ID
N:JI/IIIC1
.lSJ.l.dVII .lHD/7I1ff.lS
NVld 3Sll 1YNOWCINOO
. -
Ii
I I
...
z--:$.
.
~
h~
~~IS
illi
~ fJ ~
HAYES RD
I
~ !
I~I
!ill
; I!
~~
~~f5
illl
RIUNI1E CIR
H
305
G 300 315
275 285
310 319
F 325
320 330
o
270 25
N
3'~
N
bO
~
"t:l
II)
.~
=
8
280
275
245
255
c
400
B
405
A
II.
.u 260 266
6
NOTES:
Municipal Address Map Book
PRINTED: REVISED:
Apr 2005 1:
City of Winter Springs, FL
o 200
P\.... "'......_~
400
. Feel
2:
3'
ap
Page
Developed By: Solllh_tem Surveying &; Mapping Corp.
2431
ATTACHMENT C
~ 9-1
WINTER SPRINGS CODE
tract of land, whether improved or unimproved,
into three (3) or more contiguous lots or parcels of
lands, designated by reference to the number or
symbol of the lot or parcel contained in the plat of
such subdivision, for the purpose, whether imme-
diate or future, of transfer of ownership, or if the
establishment of a new street is involved, any
division of such parcel. The term includes a
resubdivision and, when appropriate to the con-
text, relates to the process of subdividing or to the
land subdivided.
Swale means an open cut with a slope ratio of
the front face, or roadside face, which is shallower
than 3:1.
Tree preservation, see section 5-l.
(Code 1974, ~ 14-1).
Sec. 9-2. Sale of nonplatted property.
No owner of real property being a subdivision
as defined in this chapter, shall sell lots from such
tract without first having, in accordance with the
requirements hereof, such tract surveyed and a
plat ofthe lots proposed to be sold prepared by a
registered surveyor except as provided in section
9-3. Before such plat shall be recorded, it shall be
approved in accordance with the specific provi-
sions ofthis chapter and F.S. Ch. 177. No permit
shall be issued for the construction of any build-
ing or for an electrical hookup on any lot sold in
violation of this section.
(Code 1974, ~ 14-3)
Sec. 9-3. Dividing platted property.
An owner of a single lot of sufficient size,
except in a platted area of a planned unit devel-
opment, may, with prior approval of the city
commission, divide an originally platted single lot
once into no more than two (2) parcels or lots. An
owner of a lot which has been divided shall not be
granted approval for a replat which would result
in dividing the originally platted single lot into
more than two (2) parcels or lots. Each parcel or
lot so divided shall in every respect meet the
criteria established elsewhere in this Code for the
category of zoning and other relevant Codes un-
der which the property is zoned and each parcel or
lot shall meet the engineering requirements set
out elsewhere in this chapter. In such instance,
and only within the strict application of this
section, may the full provisions of this chapter be
waived and variances granted thereto. No build-
ing permit shall be issued for the erection of any
building on a previously platted lot which is
divided contrary to this section.
(Code 1974, ~ 14-3.1)
Sec. 9-4. Waiver to subdivision requirements.
For subdivisions where no new streets, water,
sewer, or drainage structures are involved, appli-
cation for approval of preliminary or final subdi-
vision plans may be waived provided, however,
that a plat that can be recorded of the proposed
subdivision shall be submitted for review by the
city staff. The recommendation of the city staff
shall be subject to approval by the city commis-
sion. The purpose of this approval is to ensure
that the proposed subdivision conforms to appli-
cable requirements of the subdivision regulations.
(Code 1974, ~ 14-3.2) /k, I.), "t.
sc..- .,.I$~ '74; % r'. ",..)
~a-..t"~
Sec. 9.5. Variances.
(a) The board of adjustment may grant a vari-
ance from the terms of this chapter when such
variance will not be contrary to the public inter-
;t, -alia w:ilere .0wIng to' 'speci81 conditions, -a
literal enforcement of the prOVIsions of this chap-
t~Q;iid;esii1t hi ~Elcess~hardships. Such
vanance shall not be granted If It has the effect of
nullifying the intent and purpose of this chapter.
(b) A written application for such variance
must be submitted demonstrating that special
conditions exist which are peculiar to the lands,
structures or required subdivision improvements
involved and which . are hot applicable to other
lands, structures or required subdivision improve-
ments. Application shall be accompanied by the
fee for a variance as specified in the fee schedule
currently in effect.
(c) Before any variance shall be granted, a
public hearing on the proposed variance shall be
held by the board of adjustment. Notice of such
public hearing shall be published fifteen (15) d~s
..erior to the hearing in a -.!lewspaper of general
circulation in the county. S-uch notIceshall also be
posted fifteen Q5) days prior to the he~ng in
three (3) separate places in the city, and be mailed
562
LAND DEVELOPMENT
(e) The board of adjustment shall make a fur-
ther finding that the granting of the variance
would be in harmon with the general urpose
an intent 0 . s chapter an not be injuri-
QUS to the surroundmg territory or otherwise
detrimental to the public welfare.
(f) In granting any variance, the board of ad-
justment may prescribe appropriate conditions
and safeguards, to such variance, and when made
a part of theterms which the variance is granted
a violation of any term or condition shall be
deemed a violation of this chapter and shall be
punishable as such.
(Code 1974, ~ 14-4)
Sec. 9-6. Appeals from granting of variances.
(a) Any'person, board, taxpayer, department
or bureau of the city, aggrieved by the granting of
any variance, or the failwe of granting of any
variance, or by the interpretation by the board of
adjustment of this chapter may appeal the deci-
sion of the board of adjustment to the city council.
(b) Upon the rendering of an unfavorable de-
cision upon appeal by the city council, any person,
board, taxpayer, department or bureau of the city,
aggrieved by the granting of any variance or by
the interpretation by city officials of this chapter
may seek review through a court of record of such
finding or interpretation in the manner provided
by the laws of the state.
(Code 1974, ~ 14-5)
Sec. 9-7. Enforcement and penalties.
(a) The city council or any aggrieved person
may have recourse to such remedies in law and
equity as may be necessary to ensure compliance
~ 9-26
with the provisions -of this chapter, including
injunctive relief, to enjoin and restrain any per-
son from violating the provisions of this chapter
and any rules and regulations adopted under this
chapter, and the court may, upon proof of the
violation of this chapter, issue such temporary
and permanent injunctions as are necessary to
prevent the violation of this chapter.
(b) Any person violating or failing to comply
with the terms and provisions specified herein,
shall be punished, upon conviction and at the
discretion of the court, by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment not
exceeding sixty (60) days, or by both fme and
imprisonment. Each day that a violation is per-
mitted to exist shall constitute a separate offense.
(Code 1974, ~ 14-6)
Sec. 9-8. Soil, rock, etc., removal.
(a) It shall be unlawful for any person to
remove from any real property within the city any
soil, subsoil, rock, or sand without approval. as
provided herein. Prior to such removal such per-
son shall file with the city manager an application
which shall include a written consent of the
owner for such removal. The city manager shall
present the application to the city commission for
its approval. If the commission approves the ap-
plication, the mayor shall issue a written permit
for such removal.
(b) Unless such removal becomes a public nui-
sance or endangers the public health, safety or
welfare, no permit would be necessary other than
a building permit for the removal which would be
incident to the preparation of single-family homes
or auxiliary structures such as patios, swimming
pools or driveways.
(Code 1974, ~ 9-5)
Sees. 9-9-9-25. Reserved.
ARTICLE II. PROCEDURE FOR
SECURING APPROVAL OF PLANS AND
PLATS
DIVISION 1. GENERALLY
Sec. 9-26. Maps, engineering plans and plats
to be submitted in preliminary
and final form.
Nine (9) copies of all maps, engineering plans
or plats of subdivisions of any land within the city
563