Chapter 3. REVIEW AUTHORITY AND PROCEDURES

§ 312. Procedures of General Applicability.

Latest version.

312.1. Level of Review Required.

Decisions made pursuant to this Land Development Code shall be classified as Legislative, Quasi-Judicial or Administrative. Based on the type of application, various levels of review are required prior to the issuance of a development order as shown in Table 3-1. The following sections contain the specific requirements for each level of review:

Table 3-1: Development Order Review Authorities

APPLICATION TYPE	SEE SECTION	APPROVAL TYPE	PRE-APPLICATION MEETING	DRC	DEPARTMENT DIRECTOR	WORKSHOP	HEARING OFFICER	PLANNING COMMISSION	BOCC
Site Plans:
General Development Plan	321	Q	E	Yes	Yes	Yes	No	Yes	Yes
Preliminary Site Plan in conjunction with PD or Special Approval	322	Q	E	Yes	Yes	E	No	Yes	Yes
Preliminary Site Plan not in conjunction with PD or Special Approval	322	Q	E	Yes	Yes	No	No	No	No
Final Site Plan	323	Q	E	Yes	Yes	No	No	No	No
Subdivisions:
Vacation of Streets/Plats	331	L	E	No	Yes	No	No	No	Yes
Preliminary Plat	333	Q	E	Yes	Yes	No	No	No	No
Construction Drawings	334	A	No	No	Yes	No	No	No	No
Final Plat	335	Q	No	No	Yes	No	No	No	Yes
Comprehensive Plan/LDC/Zoning Map Amendments :
Comprehensive Plan/Future Land Use Map amendments (area-wide)	340	L	E	Yes	Yes	E	No	Yes	Yes
Comprehensive Plan/Future Land Use Map amendments (site-specific)	340	L	E	Yes	Yes	E	No	Yes	Yes
LDC Amendments	341	L	E	Yes	Yes	E	No	Yes	Yes
Zoning Atlas amendments (area-wide)	342	L	E	Yes	Yes	E	No	Yes	Yes
Zoning Atlas Amendments (site specific, PD)	342	Q	E	Yes	Yes	E	No	Yes	Yes
Other Activities:
Administrative Permit	315	A	E	Yes	Yes	No	No	No	No
Certificate of Appropriateness	347	Q	E	No	Yes	No	No	HPB	No
Certificate of Appropriateness (Administrative)	347	A	E	No	Yes	No	No	No	No
Certificate of Level of Service (extension)	360	Q	No	No	Yes	No	No	No	Yes
Certificate of Level of Service (new)	360	A	No	No	Yes	No	No	No	No
Code Interpretations	311	A	No	No	Yes	No	No	No	No
Special Permit	316	Q	E	Yes	Yes	E	Yes	No	No
Development Agreement	350	L	E	Yes	Yes	E	Yes	Yes	Yes
DRI Development Order	348	Q	E	Yes	Yes	E	Yes	Yes	Yes
Environmental Preserve Management Plans	351	Q	E	Yes	Yes	No	No	Yes	Yes
Floodplain Variances	802.8	Q	E	No	Yes	No	No	HPB	No
General Plan for Educational Facilities	353	Q	E	No	Yes	No	No	No	Yes
Historic Designations	710	Q	E	No	Yes	No	No	HPB	No
Modification of Standards	365	A	No	No	Yes	No	No	No	No
Public School Determination of Consistency	352	Q	No	No	Yes	No	No	No	Yes
Temporary Use Permits	354	Q	No	No	Yes	No	No	No	No
Variance	367	Q	E	No	Yes	No	Yes	No	No
Zoning Compliance Permit	346	A	No	No	Yes	No	No	No	No

Legend: A = Administrative; L = Legislative; Q = Quasi-judicial; E = Encouraged, not required; HPB = Historic Preservation Board; Bold = Indicates approving authority.

Required if the application also triggers the thresholds for General Development Plan review and the applications are processed concurrently.

Amendments to the Official Zoning Map are deemed to be legislative if they are County initiated and include a large number of properties which would be similarly affected by the proposed change. Otherwise, the application is deemed quasi-judicial.

Applicant's attendance to DRC meetings is optional.

Development Agreements will generally be treated as Legislative except when required to be treated as quasi-judicial pursuant to applicable law.

HPB review in lieu of Hearing Officer for floodplain variances within the Cortez Fishing Village HA Overlay.

(Ord. No. 16-02 , § 3(Exh. A), 9-19-16; Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

312.2. Pre-Application Meeting.

Whenever a pre-application meeting is recommended per Table 3-1, the applicant may request such meeting with the Department Director or designee, prior to filing an application, to discuss the development review process requirements. The applicant is encouraged to bring preliminary plans and data to show existing conditions of the site and its vicinity and the proposed layout. It is intended that the meeting will assist the applicant in preparing plans which will meet the requirements of the code. Comments made by staff at a pre-application meeting are made solely for preliminary informational purposes and shall not be construed as an approval or denial or agreement to approve or deny any development order. Failure of staff to identify any required permits or procedures at a pre-application conference shall not relieve the applicant of any such requirements nor constitute waiver of the requirement by the decision-making body.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

312.3. Application Submittal.

Application Forms and Requirements. The Department Director shall establish application forms and submittal requirements for all development applications referenced in this Chapter. Application fees are established by Resolution by the Board of County Commissioners.

Concurrent Applications. Applicants for projects requiring more than one (1) type of review (e.g. Special Permit and General Development Plan) may submit concurrent applications if determined appropriate by the Department Director.

Authority to Enter Premises. The submission of an application for development approval shall confirm or authorize the right of reasonable entry to a premises, lot or parcel associated with the development approval request. This right of entry shall extend to all County employees, members of various boards, appropriate reviewing agencies, and any other agencies, or any designee of the above, along with their motor vehicles, which are responsible for the review of development approval requests and inspections of those approvals.

312.4. Completeness Review of Application.

When an application for development approval is submitted, the Department Director shall make a determination as to whether the application is complete and whether the application is in conformance with the land uses, density and intensity allowed by the future land use category.

If the Department Director determines that the application for development approval is not complete or not in conformance with the land uses, density and intensity allowed by the future land use category, he or she shall notify the applicant in writing that the application is incomplete and shall specify the additional information required in order for the application to be determined to be complete or the modification necessary for conformance. No further action shall be taken on the application unless and until the additional information is submitted and determined to be complete by the Department Director. If the incompleteness has not been remedied within thirty (30) days of receipt of notice thereof, the application shall be deemed withdrawn. Application fees may be refunded in accordance with Section 312.5.E.

When an application for development approval is determined to be complete, the Department Director shall notify the applicant, and shall forward the application to the Development Review Committee for sufficiency review. A determination of completeness shall not constitute a determination of compliance with the requirements of this Code or Comprehensive Plan.

312.5. Sufficiency Review of Application.

Review.

After an application is determined to be complete, the Department Director or designee shall forward copies of the application to the DRC for sufficiency review. Applications that do not require DRC review per Table 3-1 shall be reviewed by the Department Director or designee for sufficiency. For purposes of this Section, "sufficiency review" shall constitute an analysis of whether a proposed application:

Meets the stated objective requirements of the Comprehensive Plan, this Code and the County's rules and regulations; and

Includes the necessary analysis and information to enable the approving authority to make the necessary determinations under the Comprehensive Plan and this Code.

The Department Director will notify the applicant of the date and time when the DRC will review the application. Applicant attendance at this meeting is optional.

The DRC shall notify the Department Director if the application was determined to be sufficient, if any insufficiencies were found, or if additional information is required to be submitted. If the application is found insufficient, the DRC shall issue a report listing the code requirements that need to be addressed. The DRC reserves the right to require a second review meeting based on the level of plan changes requested.

The DRC or Department Director, as applicable, may also include comments and recommendations regarding evaluative and case-specific factors for consideration under this Code and the Comprehensive Plan, but shall not treat such comments or recommendations as insufficiencies for purposes of this Section.

Upon receipt of a sufficiency determination from the DRC, or election to proceed from the applicant notwithstanding insufficiencies, the Department Director shall:

In the case of administrative decisions, take administrative action required by this Code; or

In the case of legislative or quasi-judicial decisions, prepare a report and recommendation to the appropriate decision-making or recommending body and schedule a hearing.

Specified insufficiencies may be resolved by the written consent of the applicant, which shall be provided in writing to the Planning Director in advance of scheduling the hearing.

Incorrect Information.

The DRC shall have the right to rely on the accuracy of statements, documents and all other information presented to them by the applicant, applicant's attorney or agent, in review of an application for development approval issued under this Code.

In the event that an applicant, its attorney or agent presents or submits false or incorrect information, regardless of whether such information is presented fraudulently or deceitfully, concerning a material fact or consideration relating to an application for any type of development order or permit issued under this Code, the approving authority may take action to rescind such development approval or development order. Upon notice to an applicant that the County is considering rescission of a development approval or development order because it was based in part on false or incorrect information, any work performed by or at the request of the applicant on the subject property shall be at the risk of the applicant.

Abandonment. An application for development approval shall be deemed to have been abandoned six (6) months after the date of issuance of review comments if the applicant has failed to respond in writing to review comments in a manner that addresses each item identified by staff as necessary to render the application complete or to address an insufficiency.

Extension. One (1) or more extensions of time for periods of not more than ninety (90) days each may be allowed by the Department Director for abandoned applications provided each extension is requested in writing and justifiable cause is demonstrated.

Withdrawn Applications. Upon written request to the Department Director, an applicant who has paid the appropriate fee but withdraws the application prior to any review or advertising by County staff may be entitled to a refund.

Additional/Revised Information. If an applicant submits additional or revised data or information at any time after a determination of sufficiency has been made, or if previously submitted data or information is determined by the County to be unreliable because of passage of time or changed circumstances, the revised application will be subject to the same sufficiency review and fee as the initial application.

Examination and Copying of Application and Other Documents. At any time upon reasonable request, and under the supervision of the Department Director, any person may examine an application for development approval and materials submitted in support or in opposition, in accordance with F.S. ch. 119. Copies of such materials shall be made available upon payment of the appropriate fee as prescribed in an official fee schedule.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

312.6. Neighborhood Workshops.

Applicants are encouraged to hold a neighborhood workshop during the application process. The Department Director or the Board may require an applicant to hold a neighborhood workshop for any application that, in the view of the Department Director or Board, has potential neighborhood impacts.

The purpose of the neighborhood workshop is to ensure early citizen participation in an informal forum in conjunction with development applications, and to provide an applicant the opportunity to understand any impacts an application may have on an affected community. These workshops ensure that citizens and property owners have an adequate opportunity to learn about applications that may affect them. A neighborhood workshop is not intended to produce complete consensus on all applications, but to provide information about the application to adjacent property owners. Neighborhood workshops shall be noticed as required in Table 3-2.

Workshop Time and Location. Prior to scheduling a neighborhood workshop, the applicant shall coordinate the meeting date, time and location with the Department Director. The initial workshop shall be held within the general area of the subject property. Additional workshops may be held but are not required.

Workshop Elements. At the workshop, the applicant shall present the plans, information and data as needed to inform the public of the proposed development.

Workshop Summary. The applicant shall submit to the Department, as part of the application, a summary of the materials presented at the workshop, the issues raised by those in attendance, the suggestions and concerns of those in attendance, a copy of the sign-in sheet, and a copy of the workshop advertisement and a copy of the mailed notices sent to property owners.

312.7. Notice of Public Hearings.

All meetings of the Board of County Commissioners, the Planning Commission, Hearing Officer, and the Historic Preservation Board are subject to the notice requirements under this section, the Florida Statutes and the Rules of Procedure of the Board of County Commissioners. If there is ever a conflict between the provisions of this Code and state law relative to notice matters, the most restrictive shall prevail and apply. The applicant shall be responsible for all costs incurred by the County in the issuance and publishing of notices.

Notice Types. The types of public notice used for various public hearings include mailed notice, published notice, and posted notice by signs located on the subject property. The public notices noted in Table 3-2 are required for each public hearing.

Table 3-2: Required Public Notice for Development Applications

	Type of Notice
Application	Mailed	Published	Posted
Neighborhood Workshop	X	-	-
Comprehensive Plan Amendment, Text	-	X	-
Comprehensive Plan Amendment, Map	X	X	X
LDC Text Amendment	-	X	-
Rezoning (incl. Rezoning to Planned Development)	X	X	X
Special Permit	X	X	X
General Development Plan	X	X	X
Final Site Plan	-	-	-
Preliminary Plat	-	-	-
Final Plat	-	-	-
Vacation of Streets/Plats	-	X	X
Variance	X	X	X
CLOS Extension	-	X	-
CLOS Appeal to Hearing Officer (other than administratively approved)	-	X	X
Local Development Agreement	-	X	-

Mailed Notices.

To Whom Provided. Public notices for public hearings shall be prepared by the County and mailed by the Applicant to all individuals and property owners indicated below. In any instance where applicable law requires additional notice or a different publication time frame, the form or timeframe of the notice shall be adjusted accordingly to comply with such applicable law.

All property owners of the land subject to the application.

The Manatee County School Board if the application involves residential development.

All property owners within five hundred (500) feet of the boundaries of the development site. If any dwelling unit within the required notification area is part of a neighborhood association or property owner's association, and that information is a matter of record with the Department, the association shall receive written notice of public hearing and workshop.

Mailing and Postmarking. Notices shall be mailed a minimum of ten (10) days prior to the hearing, with the exception of Board initiated changes to the Official Zoning Atlas for properties ten (10) acres or larger, which shall be mailed a minimum of thirty (30) days prior to the initial public hearing. Notice shall be deemed mailed by its deposit in the mail, properly addressed and with sufficient postage paid.

Notices for Neighborhood Workshops. Public notices for neighborhood workshops, as well as a mailing list, will be provided by the Department Director to the applicant, who shall be responsible for mailing the notice.

Published Notices.

The Department Director shall prepare the content of the notice and be responsible for publishing the notice in a newspaper of general circulation selected by the county.

The cost of publishing such notice shall be borne by the applicant.

Unless otherwise required by State law, the advertisement shall be published no less than ten (10) days prior to the date of the public hearing.

To the extent authorized by, and in accordance with, applicable law, the Board may direct the Department Director to mail a notice to each person owning real property within the area covered by amendments involving changes to the actual list of permitted, special or prohibited uses within a zoning category, or Board initiated changes to actual Official Zoning Atlas designations of ten (10) contiguous acres or more, in lieu of the published notice otherwise required. Such notice shall clearly explain the proposed ordinance and shall notify the person of the place and location of both public hearings on the proposed ordinance. In lieu of publishing the advertisements set out in this paragraph, the board of county commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance or resolution (F.S. § 125.66(4)(b)3).

Posted Notices. Signs shall be posted by the applicant as instructed by the Department Director. Notice shall be posted on weather resistant signs in a form established by the Department.

Timing of Posted Notice. The sign shall be posted not less than ten (10) days nor more than forty (40) days in advance of the scheduled hearing date, unless the Department Director requires earlier notice.

Maintenance. The applicant shall ensure that the signs are maintained and remain on the site until completion of the final action on the application.

Location of Signs. Notice shall be posted no more than fifteen (15) feet from the front lot line, so as to be clearly visible from the public way.

Lack of Street Frontage. If the land does not have frontage on a street, at least one (1) sign shall be placed on the property at the access point and additional signs shall be placed on the nearest public right-of-way with an indication of the location of the subject property.

Additional Signage Required. More than one (1) sign and/or a larger sign may be required to be posted by the Department Director, if it is determined to be necessary to ensure adequate public notice. Such additional signs shall be posted in a number and location determined by the Department Director.

Removal of Posted Signs. The applicant shall remove all posted signs within ten (10) days after final action on the application.

Contents of Mailed and Published Notices. All mailed and published notices shall include the following information:

Statutory Requirements. For public notice required by F.S. § 125.66 or 163.3184, the standards for those sections shall apply.

Title. The title of the published notice for hearings shall be "Notice of Public Hearing";

Nature of Application. The application number, the application type, and the description of the proposal or request.

Location, Time and Date. The scheduled date, time and location of the hearings or workshops.

Location of the Subject Property. A description of the land involved by street address, if any, or by legal description or parcel number(s). For mailed notices, a location map shall be included, indicating the location and general boundaries of the property with reference to the closest intersection of public streets, when possible.

Size of Subject Property. The total size of the parcels, rounded to the nearest one-tenth ( 1/10 ) of an acre.

Comprehensive Plan and Zoning Designations. The future land use map designation and zoning district of the property subject to the application.

Materials Available for Public Information. The application, staff report and related materials may be inspected by the public during normal business hours at the county administration building or on the County's website (www.mymanatee.org).

Other Information. The notice shall also state,

that persons may appear and be heard;

that written comments filed with the Department Director will be entered into the record;

that the hearing may be continued from time to time as necessary;

a telephone number for more information;

the title of the ordinance under consideration, if applicable; and

such additional information as may be required pursuant to this Code or applicable law for specific types of development approval.

Additional Notice for Continued, Rescheduled or Reopened Meetings. Notice of subsequent hearings shall be mailed and published in accordance with this section for:

Any hearing for which the Board, Department Director or County Attorney determines new notice should be provided, because of the time elapsed from the original notice, or to correct any defect or apprise affected parties of significant changes to the application as originally noticed;

Any hearing continued to an unspecified date, time and place; and

Any hearing where such new notice is required pursuant to applicable law or this Code.

Affidavit of Notice. Affidavits confirming that the required publication, mailing and/or posting of the notice was provided shall be filed with the Department Director at least five (5) days prior to the date of the hearing. Such affidavits shall be accompanied by a complete list of the names and last known addresses of the persons entitled to notice and the method by which notice was provided. Such affidavits shall also certify that signs were posted in compliance with the standards of this Chapter including provision of photographs upon request of the Department Director of all signs as part of the affidavit. Failure to provide such affidavits will require postponement of the hearing date and may require repeat of required notification procedures.

Defects in Notice. If a defect in notice not caused by an intentional or negligent act or omission of the applicant is discovered after the conclusion of the hearing, it shall not in any way affect the action taken at such hearing. In accordance with applicable law, if a substantial defect in notice is discovered prior to the hearing, then such notice shall be redone and the hearing rescheduled.

( Ord. No. 15-29, § 3(Exh. A), 12-3-15 ; Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

312.8. Public Hearings.

Upon issuance of the written recommendation by staff, the application shall be scheduled for a public hearing before the applicable approval/reviewing authority per Table 3-1. The approving/reviewing authority (Planning Commission, Hearing Officer, Historic Preservation Board or Board of County Commissioners) shall conduct the public hearing in accordance with the hearing requirements noted in this section. At the hearing, the authority shall approve, approve with conditions, or deny the application.

General Hearing Requirements. Public hearings held by the Hearing Officer, Historic Preservation Board, Planning Commission and Board of County Commissioners to review Development Order requests shall be conducted in accordance with the requirements of the Florida Statutes and the following provisions:

Scheduling. When the Department Director has determined that an application has been found sufficient, and that a public hearing is required by this Code, he or she shall schedule a date, time and place for the required hearing.

Public Notice. The public shall be notified of the hearing as provided in this chapter.

Representation. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization, upon receiving proper recognition from the person presiding over the hearing. Anyone representing an organization must present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration, unless the person presiding over the hearing waives this requirement. Each person who appears at a public hearing shall identify himself/herself and his/her address and, if appearing on behalf of an organization, shall state the name and mailing address of the organization.

Irrelevant Testimony Excluded. The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the person presiding over the hearing. Such questions may be excluded by the person presiding over the hearing where the answer to the question would be repetitious, or is an attempt to harass the witness.

Continuance and Adjournment. The body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. In the event that the continuance is to a specified date, time and place, the specific date, time and place of the continued public hearing shall be publicly announced at the meeting at which the continuance is approved.

Hearing Reopening. The Hearing Officer may reopen a hearing for extraordinary cause. Reopening of a hearing shall take place prior to the issuance of a Development Order or variance. To reopen a hearing, the Hearing Officer must file with the Clerk of the Circuit Court a statement of the reasons for such reopening. Such reopening shall only be ordered when the Hearing Officer has insufficient information to make a recommendation or decision where it is necessary to avoid undue injury to the County or the applicant, or other similar causes. Upon making a finding that the hearing should be reopened the Hearing Officer shall schedule with the Department Director a date for the hearing, not to exceed forty-five (45) days from the filing of the affidavit. Notice of the reopened hearing shall be provided in accordance with this chapter.

Quasi-Judicial Hearing Procedures. All quasi-judicial hearings conducted pursuant to this Code by the Board, Planning Commission, Hearing Officer, Historic Preservation Board, or any other body or official, shall be conducted in accordance with this Code and the rules of procedure for quasi-judicial hearings established by the Board. In all quasi-judicial proceedings, the applicant shall bear the burden of demonstrating by competent and substantial evidence that the application satisfies the standards and requirements of this Code and the Comprehensive Plan. Quasi-judicial hearings shall meet the following requirements:

Oaths Required. In all public hearings for quasi-judicial matters, all testimony and evidence shall be given under oath or by affirmation to the body conducting the hearing.

Procedure. The reviewing authority may call and question witnesses as deemed necessary and appropriate.

Transcript. For Hearing Officer proceedings, the Department Director shall ensure that a transcript of the hearing will be made available upon request of the Hearing Officer, or any party at its expense, and shall be part of the record for the hearing. If requested, a copy of the transcript shall be furnished to the Hearing Officer or any party at its expense within ten (10) days of the close of the hearing.

Action by the Hearing Officer. Upon the close of the public hearing and consideration of the record, the Hearing Officer shall:

Issue a decision to approve, approve with conditions, or deny the Development Order; or

Determine that more information is necessary, refer the application back to the staff, and schedule an additional public hearing to consider any additional evidence necessary to decide upon the Development Order; or

Issue a Notice of Intent to approve, approve with conditions, deny, or determine more information is necessary and reopen the public hearing by the Hearing Officer.

Final Order. After issuance of the Notice of Intent by a Hearing Officer, parties of record shall have five (5) business days in which to file a response with the Department Director. Within ten (10) business days from the date of receipt of response, the Hearing Officer shall:

Issue the order approving, approving with conditions or denying the application; or

If, after reviewing the responses, the Hearing Officer determines that there is substantial new information which would materially affect the decision and which was not reasonably available at the time of the public hearing, he/she shall reopen the public hearing pursuant to Section 312.8.A.6.

Findings and Recommendations. For Hearing Officer proceedings, the Hearing Officer shall, within twenty-one (21) calendar days of the public hearing, issue a written report detailing the findings of fact, conclusions of law and recommendation regarding approval or denial of the application. The Hearing Officer's findings shall include:

A summary of record of the public hearing;

The standards relevant to the application;

Conclusions of law as to whether each standard has been satisfied; and

A Notice of Intent to issue a final decision, if involving an appeal of determinations regarding levels of service or a Development Order.

Notice of Action/Recommendation. Any person wishing to receive notice of a final decision or recommendation may supply the Department Director with his/her name, address, and a stamped self-addressed envelope for that purpose.

Legislative Hearing Procedures. When reviewing applications of a legislative nature (see Table 3-1), the Historic Preservation Board, Planning Commission and Board of County Commissioners shall comply with the provisions of Subsection A (General Hearing Requirements), above. Upon the close of the public hearing and consideration of the record, the approving authority shall:

Approve, approve with conditions or deny the application (if acting as final approval authority), or issue a recommendation to the BOCC for approval, approval with conditions or denial; or

Approval Subject to Conditions. When approving special use permits, the Hearing Officer may attach such conditions to the approval as deemed necessary to assure compliance with this Code. Such conditions may address matters including, but not limited to: limitations on size, bulk and location; duration of construction period; requirements for landscaping, signage, outdoor lighting and the provision of adequate ingress and egress; duration of the approval; design and appearance; hours of operation; and the mitigation of traffic and environmental impacts. Such conditions may be imposed for a specified period of time, after which time the condition shall expire and the obligations of the applicant pertaining to such condition shall be automatically terminated. The applicant shall address the conditions prior to the issuance of a building permit or a zoning compliance permit if no building permit is required.

312.9. Effect of Development Order Approval.

The issuance of a Development Order does not authorize the disturbance of any part of the subject property involved. A Development Order only authorizes the filing of an application for a building permit, or to proceed to the next step in the process, as indicated in Table 3-1.

Development orders are not transferable to other properties. However, so long as the land or structure or any portion thereof covered under the development order continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the development order) may make use of the land except in accordance with the conditions and requirements of the development order. The provisions of the development order run with and burden the real property to which it relates.

312.10. Enforcement and Administrative Errors.

Applicants for Development Order approval shall be responsible for ensuring that all development proceeds in accordance with the terms and conditions of any development order, permit, or certificate issued to the applicant. A determination by the Department Director that the terms and conditions of the approval have been violated shall constitute a violation of this Code subject to the provisions of Chapter 1.

When a Development Order is issued through administrative error, the error shall be called to the attention of the applicant as soon as possible after it is discovered. If the error is not voluntarily corrected within fourteen (14) days, the matter shall be processed pursuant to the provisions of Chapter 1.

An applicant shall be responsible for any aspect of an application that fails to comply with the requirements of this Code or the Comprehensive Plan, such that approval of such application in error by the County shall not operate to grant the applicant an exemption from any such requirement. The applicant shall be responsible for bringing the development into compliance with such requirement, or, if such development cannot be brought into compliance for whatever reason, obtaining such additional development orders or approvals as are necessary under this Code to reconcile such error.

312.11. Recording of Approved Development Orders.

An approved Development Order for Special Permits, Variances, and Developments of Regional Impact shall be recorded, at the applicant's expense, in the official records of the County maintained by the Clerk of the Circuit Court. The purpose of recording the development order shall be to notify subsequent purchasers of any limitations on the use of the land.

                    
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