§ 101-152. Development subject to adequacy determination.

(1)

New development.

(a)

State requirements: Chapter 9J-5 FAC requires that no development permit (as defined in 163.3164 FS) shall be issued if it would cause a reduction in an adopted level of service. The concurrency management system application of this is as follows.

(b)

Final concurrency: Level-of-service standard compliance will be finally calculated and the facility capacity reserved at the time of approval of a site plan, single-family subdivision plat, enforceable developers' agreement, or if none of the above apply, building permit. This is in conformance with 9J-5.0055 FAC which requires "a specific plan for development, including densities and intensities of development." See also (3) below for exemptions to the above.

(c)

Preliminary concurrency: However, either the city or the applicant may request a preliminary concurrency review at an earlier development permit stage, including rezonings, other types of subdivisions or variances. Such a review may also be requested for future land use map amendments or annexations.

(2)

Additional change of use. Any building addition or a basic change of building use which increases public facility usage shall be subject to concurrency review. Only any incremental increase in facility capacity usage over the existing usage will be assessed for concurrency.

(3)

Property which is exempt. Any government facility which the city commission finds is essential to the health or safety of the residents. Vesting shall only occur in conformance with F.S. Ch.163.3167(8) which states that a development is vested only after a final development order has been issued and construction is continuing in good faith.