§ 305.00. Amendment application procedures for zoning future land use map, land development regulations, comprehensive plan, street and alley vacations, special exceptions review and approval, variances, and annexations.

305.01. Application and review for rezoning and future land use map changes. The following are the procedural requirements for rezoning property and future land use map changes:

A.

Preapplication meeting. Any person proposing to rezone property and change the future land use map must meet with the city planner or his/her designee prior to applying for the rezoning and changing the future land use map. The purpose of the preapplication meeting is to acquaint the applicant with the rezoning and future land use map change application, review, and approval process, and to acquaint the city planner with the proposed rezoning and future land use map changes.

B.

Application procedures. After the preapplication meeting and prior to the planning and zoning board cutoff date as indicated on the official planning and zoning board meeting schedule, the applicant shall submit to the city planner a rezoning and future land use map change application package. The application package shall consist of the following information:

(1)

Completed application form;

(2)

Receipt of administration fee payment. The administration fee shall be $200.00 for zone change applications alone and $650.00 if the zone change is associated with a future land use map change. Fees shall be adjusted periodically by the city commission;

(3)

Legal description and acreage of the property proposed for rezoning;

(4)

Survey of the property proposed to be rezoned;

(5)

Map containing the following information:

a)

Boundaries of the area proposed to be rezoned;

b)

Existing land use of area proposed to be rezoned and surrounding area within 150 feet of boundary line; and

c)

Existing zoning and future land use designation of surrounding area within 150 feet of boundary line;

(6)

Names and addresses of all property owners within the boundaries of the area proposed for rezoning and future land use map change and those property owners within 150 feet of the affected area; and

(7)

Any other information that may be deemed necessary by the city planner or other city official.

C.

Review process.

(1)

Upon receipt of a completed application package in the planning and zoning department before the cutoff date as indicated on the official planning and zoning board meeting schedule, the city planner shall review the application package for consistency with the city comprehensive plan and land development regulations. The city planner shall then, in a written report, make a recommendation to the local planning agency (LPA) to approve or deny the application.

(2)

Upon receipt of the city planner's recommendation, the local planning agency shall review the application package and the city planner's recommendation and vote to recommend to the city commission, either approval or denial of the application.

(3)

Upon receipt of the local planning agency and city planner's recommendations, the city commission shall consider the application and either approve or deny said application at two public hearings. Should the city commission approve the rezoning, one copy each of support documents will be forwarded to the Volusia County growth management commission pursuant to obtaining a certificate of consistency and to the department of community affairs for approval.

D.

Supplementary.

(1)

Changes or amendments may be initiated by the city planner, city commission, local planning agency, or by one or more owners or lessee[s] of property within the area proposed to be changed or affected.

(2)

An application for any change or amendment shall be made on a form prescribed by the planning and zoning department.

(3)

Administration fees are for the purpose of processing applications, notifying affected residents and advertising proposed action. No fees shall be refunded except when an application is withdrawn prior to any processing, notifying or advertising. If the city commission finds the imposition of a fee to be creating an unreasonable hardship to any person or entity, the city commission may waive said fee.

(4)

The applicant shall notify by mail ten days prior to the planning and zoning board meeting at which the rezoning is to be considered. The owners of properties adjacent to the property proposed for rezoning, and the applicant shall submit proof of such notice to the city planner.

(5)

Whenever the city commission has taken action to deny a petition or application for rezoning of property, or a request for a future land use map change, the commission shall not again consider a petition for the same rezoning or future land use map change request for any part of the same property for a period of two years from the date of denial or for any other kind of rezoning or future land use map change request for any part of the same property for a period of one year from the date of denial. The above time limits for city commission consideration may be waived by the city commission by the affirmative vote of four commissioners, when the city commission deems such action necessary to prevent an injustice or to facilitate the proper development of the city.

(6)

When an application for rezoning or future land use change has been placed on the city commission agenda but is withdrawn at the request of the applicant prior to its consideration by the city commission, then unless the application is again placed on the agenda within 60 days and the adjacent property owners notified or advertisement published in accordance with this ordinance, as the case may be, the applicant shall be required to prepare and pay the fee for a new application and the said application shall be processed as though it were an initial application. If an application is twice withdrawn by the applicant after it has been scheduled as an agenda item for a city commission meeting, then it shall be considered and taken as a denied petition or application for rezoning of the subject property.

305.02. Application for land development regulation or comprehensive plan text amendment. The following are the procedural requirements for a land development regulation or comprehensive plan text amendment:

A.

Preapplication meeting. Any person proposing to amend the text of the land development regulations or comprehensive plan must meet with the city planner or his/her designee prior to applying for the amendment. The purpose of the preapplication meeting is to acquaint the applicant with the text amendment application, review, and approval process, and to acquaint the city planner with the proposed text amendment.

B.

Application procedures. After the preapplication meeting and prior to the cutoff date as indicted on the official planning and zoning board meeting schedule, the applicant shall submit to the city planner a completed text amendment application package. The application package shall consist of the following information:

(1)

Completed application form;

(2)

Receipt of administration fee payment. The administration fee shall be set by city commission resolution; and

(3)

Letter from applicant to city planner indicating the portion of the land development regulations or comprehensive plan the applicant proposes to amend and the wording of the proposed amendment.

C.

Review process.

(1)

Upon receipt of a completed application package in the planning and zoning department before the cutoff date as indicated on the official planning and zoning board meeting schedule, the city planner shall review the application package for consistency with the city comprehensive plan and land development regulations. The city planner shall then, in a written report, make a recommendation to the local planning agency to approve or deny the application.

(2)

Upon receipt of the city planner's recommendation, the local planning agency shall review the application package and the city planner's recommendation and vote to recommend to the city commission, either approval or denial of the application.

(3)

Upon receipt of the local planning agency and city planner's recommendations, the city commission shall review the recommendations and application and either approve or deny said application at two public hearings. Should the city commission approve the amendment, the planning and zoning department shall amend the land development regulations or comprehensive plan to reflect the amendment. One copy each of support documents will be forwarded to the Volusia County growth management commission pursuant to obtaining a certificate of consistency and to the department of community affairs for approval.

305.03. Application and review for street and alley vacation. The following are the procedural requirements for a street or alley vacation:

A.

Preapplication meeting. Any person proposing to vacate a publicly owned or dedicated street or alley must meet with the city administrative official or his/her designee prior to applying for the vacation. The purpose of the preapplication meeting is to acquaint the applicant with the procedures for vacating a street or ally and to acquaint the city administrative official with the proposed vacation.

B.

Application procedures. After the preapplication meeting and prior to the cut-off date as indicated on the official planning and zoning board meeting schedule, the applicant shall submit to the city administrative official a completed street or alley vacation application package. The application package shall consist of the following information:

(1)

Completed application form;

(2)

Receipt of application fee payment;

(3)

Plat of survey, including legal description and acreage of street or alley proposed to be vacated;

(4)

List of all abutting property owners;

(5)

Letter from Utilities Commission indicating:

a.

No objection to the vacation;

b.

No utilities are within the right-of-way proposed to be vacated; or

c.

If utilities exist within right-of-way then letter must indicate what utilities are located in the right-of-way;

d.

If utilities exist in right-of-way, then letter must indicate easements required; and

(6)

Letter from applicant explaining how the vacation is in the interest of the public good.

C.

Review process.

(1)

Upon receipt of a completed application package, the city administrative official shall review the application package for consistency with the city comprehensive plan and land development regulations. In addition, the city administrative official shall determine whether or not the proposed vacation would be in the interest of the public good. The city planner administrative official shall then, in a written report, make a recommendation to the planning and zoning board to unconditionally approve, approve with conditions, or deny the requested vacation.

(2)

The applicant shall notice all property owners whose property abuts the right-of-way that is requested to be vacated. Such notification shall be sent at least 15 days prior to the public hearing via one of the following methods:

a.

Certified mail (return receipt requested);

b.

Federal Express or United Parcel Service; or

c.

Other courier service that is capable of tracking the notice and providing a receipt of delivery.

Copies of the certified mail return receipts or receipts from other delivery services shall be provided to the planning and engineering department secretary a minimum of two days before the public hearing.

In the event the receipts have not been received by the applicant so they can be given to the planning and engineering department secretary, the applicant, as an alternative, may provide the secretary with a notarized affidavit indicating that all adjacent property owners were notified.

Should a condominium abut the right-of-way proposed to be vacated, the condominium association or condominium manager shall be notified and the association manager shall notify the individual condominium owners.

(3)

Upon receipt of the city administrative official's recommendation, the planning and zoning board shall review the application and the city administrative official's report and recommendation and recommend the city commission either approve, approve with conditions, or deny the requested vacation. The planning and zoning board may attach any conditions to the recommendation of approval including, but not limited to, access and utility easements, construction of any facilities, or exchange of other property for the vacation.

(4)

Upon receipt of the planning and zoning board and city administrative official recommendations, the city commission, at a public hearing, shall review the recommendations and application for consistency with the comprehensive plan and land development regulations. The city commission shall also determine whether the requested vacation would be in the interest of the public good. The city commission shall then unconditionally or conditionally approve the requested vacation if such action is in the interest of the public good. The city commission shall deny the request if there is no evidence that the vacation would be in the interest of the public good. The request shall not be approved for the sole reason of providing a benefit for the applicant or adjacent property owners. The city commission may attach any conditions to an approval including, but not limited to, access and utility easements, construction of any facilities or exchange of other property for the vacation.

The city commission first shall pass a resolution declaring its intention to vacate the public right-of-way. Notice shall be served by publication once in a newspaper of general circulation in the city.

305.04. Special exception review and approval. The following are the procedural requirements for a special exception:

A.

Preapplication meeting. Any person wishing to obtain special exception approval must meet with the planning manager or his/her designee prior to submitting an application package with the planning and engineering department. The purpose of the preapplication meeting is to determine whether the proposed use will be allowed as a special exception, to acquaint the applicant with the procedures to obtain special exception approval, and to acquaint the city planning manager with the proposed special exception.

B.

Application procedures. After the preapplication meeting and prior to the cutoff date as indicated on the official planning and zoning board meeting schedule, the applicant shall submit, to the planning and engineering department, a completed special exception application package. The application package shall consist of the following:

(1)

Completed application form;

(2)

Receipt of application fee payment;

(3)

Legal description of property proposed to contain special exception use;

(4)

List of names and addresses of property owners within 150 feet of the affected property. List must be provided by the Volusia County Property Appraiser's Office;

(5)

Tax number of parcel proposed to contain special exception use;

(6)

Plot plan or site plan, drawn to scale, indicating present and proposed structures; and

(7)

Certification from landowners of record that applicant has authorization to make application for the requested special exception (if applicant and landowner are not the same).

C.

Review process.

(1)

Upon receipt of a completed application package in the planning and engineering department before the cutoff date as indicated on the official planning and zoning board meeting schedule, the planning manager shall review the application package for consistency with the city comprehensive plan and land development regulations. In addition, the planning manager shall determine if:

a.

The requested use is listed among the special exceptions in the district for which application is made;

b.

The requested use will not impair the character of the surrounding or adjoining districts, nor be detrimental to the public health, morals, or welfare; and

c.

Adequate utilities, access roads, drainage, sanitation, and/or other necessary services and facilities are, or will be, available or provided for the proposed use.

The planning manager or his/her designee shall then, in a written report, make a recommendation to the planning and zoning board to recommend to the city commission to unconditionally approve, conditionally approve, or deny the requested special exception.

(2)

Upon receipt of the planning manager's recommendation, the planning and zoning board shall review the request and the planning manager's report and recommendation. The planning and zoning board shall determine if the proposed special exception use conforms to the comprehensive plan, land development regulations and criteria listed in [sub]section 305.04C.(1) above. The planning and zoning board shall then make a recommendation to the city commission to either unconditionally approve, conditionally approve, or deny, the requested special exception.

(3)

Upon receipt of the planning and zoning board's and planning manager's recommendations, the city commission, at a regularly scheduled public hearing, shall review the recommendation and application for consistency with the comprehensive plan and land development regulations. In addition, the city commission shall determine if:

a.

The requested use is listed among the special exceptions in the district for which application is made;

b.

The requested use will not impair the character of the surrounding or adjoining districts, nor be detrimental to the public health, morals, or welfare; and

c.

Adequate utilities, access roads, drainage, sanitation, and/or other necessary services and facilities are, or will be, available or provided for the proposed use.

The city commission shall then unconditionally approve, conditionally approve, or deny, the requested special exception. The city commission shall only approve the special exception if the use is consistent with the comprehensive plan, land development regulations, and criteria [listed in subsections] a.—c. above. The city commission may attach any conditions to an approval in order to accomplish the above criteria. Such conditions may include, but not be limited to: setting time limitations on length of special exception validity and hours of operation; additional buffer requirements; building size limitations; and the applicant providing additional facilities and services for the area surrounding the proposed special exception site. Violators of the conditions shall void the special exception approval and [it] shall be deemed a violation of this LDR.

D.

Supplementary.

(1)

In any case where a special exception has not been exercised within the time limit set by the city commission, or within one year if no specific time limit has been set, then without further action, the special exception shall be null and void. An applicant may request one extension of one year from the date of expiration of his special exception. "Exercised" as used in this section shall mean that the main building is under construction to a substantial degree; or the prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed (sewerage, drainage, etc.). When construction is not a part of the use, "exercised" shall mean that the use is in operation in compliance with the conditions set forth in the permit.

(2)

In any case where the conditions of a special exception have not been, or are not being complied with, the enforcement official shall give the permittee notice of intention to revoke such permit at least ten days prior to a city commission review. After conclusion of the review, the city commission may revoke the permit.

(3)

The city commission does not possess the power to grant a special exception, permitting a use of land or building that is not permitted as a special exception in the district involved.

(4)

Applications for a special exception shall be signed by the applicant on forms prescribed by the planning and engineering department and delivered to the planning and engineering department with the remaining application package.

(5)

The application shall be scheduled for public hearing at the next available city commission meeting following rendering of the planning and zoning board's recommendation. The city clerk shall prepare and deliver the notice of public hearing to the local newspaper. The applicant shall notice all property owners whose property is within 150 feet of the property involving the special exception request. Such notification shall be sent certified mail "return receipt requested" at least 15 days prior to the public hearing. The public notice advertisement cost presented in the newspaper, together with the certified mail costs notifying property owners shall be borne by the applicant. A list of property owner names and addresses for properties within 150 feet of the property involving the special exception request, together with copies of the certified mail return receipts, shall be provided to the city clerk two days before the public hearing. In the event the receipts have not been received by the applicant, the applicant, as an alternative, may provide the city clerk with a notarized affidavit indicating that all property owners within 150 feet of the subject property were notified. Should a condominium be located within 150 feet of the subject property, the condominium association or condominium manager shall be notified and the association manager shall notify the individual condominium owners. The city planning manager or his/her designee shall also post notice on the property involving the special exception request for a period of one calendar week prior to the hearing.

(6)

The application for special exception shall become final 15 days from the date the city commission renders its decision, unless the fifteenth day is a Saturday, Sunday, or legal holiday, in which event the decision of the city commission shall become final the next day which is not a Saturday, Sunday, or legal holiday.

(7)

No application package shall be accepted unless, and until, completed and containing all items as indicated in [sub]section 305.04B of this LDR.

(8)

When the city commission has taken action on a petition for a special exception, and, as a result of said action, the applicant fails to obtain approval of the requested special exception, the city commission may again consider the same requested special exception for a period of one year from the date of such action. Administrative res judicata shall not apply.

(9)

Any building use which is allowed at a location by special exception approval may be added onto without another special exception approval provided the addition or additions comprise less than 20 percent of the floor area (of all floors) of the building as of the effective date of this ordinance or the addition is no greater than 1,500 square feet. This section shall not be construed to allow piecemeal construction to avoid special exception approval (e.g. if one addition is 15 percent of the building floor area as of the effective date of this ordinance and a second addition is ten percent of the building floor area as of the effective date of this ordinance then special exception approval is required for the second addition and any subsequent additions but not the first addition.

305.05. Variance. The following are the procedural requirements to obtain a variance from the land development regulations:

A.

Preapplication meeting. Any person wishing to obtain a variance from the land development regulations must meet with the planning manager or his/her designee prior to submitting an application package with the planning and zoning department. The purpose of the preapplication meeting is to determine if a variance could be granted, to acquaint the applicant with the procedures to obtain a variance, and to acquaint the planning manager with the proposed variance.

B.

Application procedures. After the preapplication meeting and prior to the cutoff date as indicated on the official planning and zoning board meeting schedule, the applicant shall submit, to the planning and engineering department, a completed variance application package. The application package shall consist of the following:

(1)

Completed application form;

(2)

Receipt of application fee payment;

(3)

Copy of survey showing proposed activity;

(4)

Legal description;

(5)

List of names and addresses of property owners within 150 feet of the affected property. List must be provided by the Volusia County Property Appraiser's Office;

(6)

Tax number of the property;

(7)

Plot plan or site plan, drawn to scale, indicating present and proposed structures;

(8)

Certification from landowner of record that applicant has authorization to make application for the requested variance (if applicant and landowner are not the same); and

(9)

Letter of response from the applicant to the planning manager addressing the following:

(a)

Special circumstances exist which are peculiar to the applicant's land, structure, or building, and do not generally apply to the neighboring lands, structures, or buildings, in the same district or vicinity.

(b)

Strict application of the provisions of this LDR would deprive the applicant of reasonable rights commonly applicable to other properties in the same district or may preclude a benefit to the community in general.

(c)

The special circumstances and conditions do not result from the actions of the applicant.

(d)

That granting of the variance will not cause substantial detriment to the public welfare or impair the purposes and intent of this LDR.

(e)

That granting of the variance will not constitute a grant of special privilege that is denied by this LDR to other lands, structures, or buildings, in the same district.

C.

Review process.

(1)

Upon receipt of a completed application package in the planning and engineering department before the cutoff date as indicated on the official planning and zoning board meeting schedule, the planning manager shall review the application package for consistency with the city comprehensive plan and land development regulations. In addition, the planning manager shall determine whether the following criteria for granting a variance have been met:

(a)

Special circumstances exist which are peculiar to the subject property owner's land, structure, or building, and do not generally apply to the neighboring lands, structures, or buildings, in the same district or vicinity.

(b)

Strict application of the provisions of this LDR would deprive the subject property owner of reasonable rights commonly applicable to other properties in the same district or may preclude a benefit to the community in general.

(c)

The special circumstances and conditions exist that do not result from the direct or indirect actions of the present property owner(s) or past property owner(s). This criterion shall not be satisfied if the present or past property owner created, to any degree, the hardship that is the subject of the variance request.

(d)

That granting of the variance will not cause substantial detriment to the public welfare or impair the purposes and intent of this LDR.

(e)

That granting of the variance will not constitute a grant of special privilege that is denied by this LDR to other lands, structures, or buildings, in the same district.

The planning manager shall then, in a written report, make a recommendation to the planning and zoning board to unconditionally approve, conditionally approve, or deny the requested variance.

(2)

Upon receipt of the planning manager's written recommendation, the planning and zoning board shall review the request and the planning manager's report and recommendation. The planning and zoning board shall determine if the requested variance conforms to the comprehensive plan, land development regulations and criteria listed in [sub]section 305.05C.(1) above. The planning and zoning board shall either unconditionally approve, conditionally approve, or deny, the requested variance. The planning and zoning board shall only approve a variance if the request is consistent with the comprehensive plan, land development regulations, and criteria [listed in subsections] (a)—(e) above. The planning and zoning board may attach any conditions and safeguards it deems necessary or desirable in furthering the purpose of this LDR. Violations of the conditions or safeguards shall void the variance and be deemed a violation of this LDR.

D.

Supplementary.

(1)

Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardship within the purpose of zoning.

(2)

The planning and zoning board does not possess the power to grant a variance permitting a use of land or building that is not permitted as a principal use or structure or accessory use or structure, in the district involved.

(3)

Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any future owner of the subject property, but cannot be transferred by the applicant to a different site.

(4)

A variance applies for an indefinite period of time unless otherwise specified at the time the variance is granted. If an expiration time is designated, the applicant may request one extension of one year from the expiration date.

(5)

Applications for variances shall be signed by the applicant on forms prescribed by the planning and engineering department and delivered to the planning and engineering department with the remaining application package.

(6)

No application package shall be accepted unless and until completed and containing all items as indicated in [sub]section 305.05B. of this LDR.

(7)

The planning and zoning board shall schedule a public hearing for the next available meeting date from the receipt of the application. The city clerk shall prepare and deliver the notice of public hearing to the local newspapers. The applicant shall notice all property owners whose property is within 150 feet of the property involving the variance request. Such notification shall be sent certified mail "return receipt requested" at least 15 days prior to the public hearing. The public notice advertisement cost presented in the newspaper, together with the certified mail costs notifying property owners, shall be borne by the applicant. A list of property owner names and addresses for properties within 150 feet of the property involving the variance request, together with copies of the certified mail return receipts, shall be provided to the planning and engineering department secretary two days before the public hearing. In the event the receipts have not been received by the applicant so they can be given to the planning and engineering department secretary, the applicant, as an alternative may provide the secretary with a notarized affidavit indicating that all property owners within 150 feet of the subject property were notified. Should a condominium be located within the 150 feet, the condominium association or condominium manager shall be notified and the association manager shall notify the individual condominium owners. The planning manager or his/her designee shall also post notice on the property involving the variance request for a period of one calendar week prior to the hearing.

(8)

The decision by the planning and zoning board relating to the application for a variance shall become final 15 days from the date the board renders its decision, unless the 15th day is a Saturday, Sunday, or legal holiday, in which event, the decision of the board shall become final the next day which is not a Saturday, Sunday, or legal holiday.

(9)

When the planning and zoning board has taken action on a petition for a variance, and, as a result of said action, the applicant fails to obtain approval of the requested variance, the board may again consider the same requested variance for a period of one year from the date of such action. Administrative res judicata shall not apply.

E.

Administrative variances. The following are the procedural requirements to obtain an administrative variance from the land development regulations:

(1)

Pre-application meeting. Any person wishing to obtain an administrative variance from the land development regulations must meet with the planning manager or his/her designee prior to submitting an application package with the planning and engineering department. The purpose of the pre-application meeting is to determine if an administrative variance could be granted, or if a standard variance request would be required.

(2)

Application procedures. The application package shall consist of the following:

(a)

Completed application form;

(b)

Receipt of application fee payment;

(c)

Survey less than two years old showing existing improvements and proposed activity;

(d)

Legal description;

(e)

Tax ID number;

(f)

Certification from landowner of record that applicant has authorization to make application for the requested administrative variance (if applicant and landowner are not the same); and

(g)

Letter outlining request and explaining hardship.

(3)

Review process.

(a)

Upon receipt of a completed application package in the planning and engineering department the planning manager or his/her designee shall review the application package for consistency with the city comprehensive plan and land development regulations. In addition, the planning manager or his/her designee shall determine whether the following criteria for granting an administrative variance have been met:

i.

The applicant has demonstrated that a hardship related to the land or structure exists. Economic considerations shall not be a reason to justify granting a variance.

ii.

The request does not exceed ten percent of the required setback.

iii.

Special circumstances exist which are peculiar to the subject property owner's land, structure, or building, and do not generally apply to the neighboring lands, structures, or buildings, in the same district or vicinity.

iv.

Strict application of the provisions of this LDR would deprive the subject property owner of reasonable rights commonly applicable to other properties in the same district or may preclude a benefit to the community in general.

v.

The special circumstances and conditions exist that do not result from the direct or indirect actions of the present property owner(s) or past property owner(s). This criterion shall not be satisfied if the present or past property owner created, to any degree, the hardship that is the subject of the variance request.

vi.

That granting of the variance will not cause substantial detriment to the public welfare or impair the purposes and intent of this ordinance.

vii.

That granting of the variance will not constitute a grant of special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

If the planning manager or his/her designee determines the applicant has demonstrated a hardship that would justify granting an administrative variance, the planning manager or his/her designee shall then approve the administrative variance request and provide the applicant with a written letter of approval. If the administrative variance is denied, the applicant can appeal the decision to the planning and zoning board. The administrative variance fee will be applied to the cost of the regular variance application.

305.06. Annexations. The following sections set forth the procedural requirements to annex property into the City of New Smyrna Beach:

A.

Preapplication meeting. Any person proposing to voluntarily annex property into the city must meet with the city planner prior to submitting an application. The purpose of the preapplication meeting is to acquaint the applicant with the annexation procedures and to inform the city about the property to be annexed.

B.

Application for annexation. The application for annexation shall include the items listed below and provide any other information material to the annexation decision:

(1)

A petition for annexation signed by all owners of the property to be annexed.

(2)

A boundary survey and legal description identifying the site acreage, any easements and the portion of the property contiguous with the city limits.

(3)

A copy of the warranty deed for all properties to be annexed.

(4)

The existing zoning and comprehensive plan designation under the Volusia County regulations.

(5)

The proposed zoning and comprehensive plan designation under the New Smyrna Beach regulations.

(6)

Adjacent land use bordering the property to be annexed.

C.

Annexation review process.

(1)

Staff review. Upon receipt of the application, the staff shall prepare an annexation report which addresses the following issues:

a.

Consistency of the proposed annexation with the goals, objectives and policies of the comprehensive plan.

b.

Availability of municipal services to the property consistent with the city's adopted levels of service and plans for the extension of these services.

c.

Other impacts expected from annexation of the property and any other issues which have a bearing on the annexation.

(2)

Planning and zoning board review. The board, in its capacity as the local planning agency, shall hold a public hearing on the annexation petition and make a recommendation to the city commission which includes the following items:

a.

To approve, conditionally approve or deny the requested annexation.

b.

To amend the comprehensive plan to include the proposed parcel in the future land use element and amend any other elements of the plan which may be affected by the annexation.

c.

To assign the proper zoning to the parcel to be annexed.

(3)

City commission action. Upon receipt of the recommendation of the planning and zoning board, the city commission shall prepare an annexation ordinance and schedule a public hearing to consider the following actions:

a.

To approve, conditionally approve or deny the requested annexation.

b.

To amend the comprehensive plan to include the proposed parcel in the future land use element and amend any other elements of the plan which may be affected by the annexation.

c.

To assign the proper zoning to the parcel to be annexed.

(4)

Comprehensive plan amendment. Upon adoption of the annexation ordinance, the city shall initiate the comprehensive plan amendment approval procedures as required by F.S. § 163.3187 and the Volusia Growth Management Commission.

D.

Fees. The city commission shall establish by resolution, a schedule of fees for annexation and comprehensive plan amendment. The applicant for annexation shall pay the required fees at the time the application is filed. See Annexation Procedure Flow Chart attached hereto, marked as Exhibit "A."

EXHIBIT "A"

ZERO LOT LINE

(Ord. No. 26-03, §§ 1, 2, 5-27-2003; Ord. No. 51-04, § 1, 9-29-2004; Ord. No. 03-05, § 1, 2-22-2005; Ord. No. 54-10, § 1, 10-12-2010; Ord. No. 59-10, § 1, 12-14-2010; Ord. No. 73-12, § 1, 9-11-2012; Ord. No. 35-15, § 2, 4-14-2015; Ord. No. 19-18, § 1, 3-13-2018)