§ 70-297. Development review process.

Latest version.

(a)

Generally. The town has established three development review processes and authorities to equate the intensity, length and cost of the review processes with the potential impacts of proposed developments. These authorities/processes include, from lowest to highest: the planning and building administrator, the architectural review and planning board, and the town commission (which also serves as the board of adjustment). Depending on the type and size of a proposed development, a review authority may provide either a recommendation to higher review authority or take final action on an application for approval.

(b)

Tables. Table 70-297-A indicates the approvals needed for various development projects and the review authority charged with taking the final action. Table 70-297-B provides cross-references to applicable sections of the town land development code or state statutes where standards or procedural requirements for each type of approval can be found. In addition, the application fee for each type of approval also is provided in Table 70-297-B. Finally, a flow chart is provided at the end of this section to provide a general illustration of the typical steps and time frames involved with each review process.

(c)

Other requirements. Please note the information in this section is only a summary of applicable town codes, resolutions and state statutes. Accordingly, all users of this chapter are strongly advised to consult the appropriate sections of the town land development code, resolutions of the town commission and/or state statutes for a complete description of all requirements, fees and time frames. Failure of the town to accept or process applications for development approval in the manner or time frames contained herein shall not give rise to any claim against the town by any affected party. The acceptance and processing of applications for development approval shall be governed strictly by the applicable sections of the town's adopted codes, ordinances, resolutions and state statutes.

TABLE 70-297-A
Type of Project	Approvals Needed	Final Review Authority⁽¹⁾
New Houses	Level 3 Arch/Site Plan Review	Town Commission
Additions or Demolitions of greater than 50% of existing gross floor area	Level 3 Arch/Site Plan Review	Town Commission
Additions or Demolitions of greater than 300 sq. ft. or 10% of existing gross floor area, but less than 50%	Level 2 Arch/Site Plan Review	Architectural Review and Planning Board
Additions or Demolitions of less than 300 sq. ft. and 10% or less of existing gross floor area	Level 1 Arch/Site Plan Review	Planning and Building Administrator
Additions or Demolitions of less than 300 sq. ft. and 10% or less of existing gross floor area utilizing an item classified as Discouraged in the Gulf Stream Design Manual	Level 2 Arch/Site Plan Review	Architectural Review and Planning Board
Guest Houses	Level 2 Arch/Site Plan Review	Architectural Review and Planning Board
Minor Accessory Structures (pools, tennis courts, sheds, gazebos)	Level 1 Arch/Site Plan Review	Planning and Building Administrator
Any change in exterior colors or materials	Level 1 Arch/Site Plan Review	Planning and Building Administrator
Increases or decreases in impervious surface area or change in surface materials	Level 1 Arch/Site Plan Review	Planning and Building Administrator
Walls, fences and driveway gates (not on A1A)	Level 1 Arch/Site Plan Review	Planning and Building Administrator
Walls, fences, driveway gates, landscaping and structures within 50 feet of A1A	North Ocean Boulevard Landscape Disturbance Permit	Architectural Review and Planning Board
Lot Clearing or relandscaping of 50% or more of lot area	Land Clearing Plan Review	Architectural Review and Planning Board
Signs other than real estate or address signs	Sign Review	Architectural Review and Planning Board
Subdivision of property into 2 or more lots	Subdivision Review and Level 3 Arch/Site Plan Review	Town Commission
Voluntary Annexation or Contraction of municipal limits	Annexation/ Contraction Review and Level 3 Arch/Site Plan Review	Town Commission
Any project requiring a Special Exception	Special Exception Review and Level 3 Arch/Site Plan Review	Town Commission
Any project at Variance with provisions in the Land Development Code	Variance Review and Level 3 Arch/Site Plan Review	Town Commission
Any project that is the subject of a Development Agreement	Development Agreement and Level 3 Arch/Site Plan Review	Town Commission
Any project requiring an amendment to the text of the Land Development Code or Official Zoning Map	Rezoning and Level 3 Arch/Site Plan Review	Town Commission
Any project requiring an amendment to the text of the Comprehensive Plan or Future Land Use Map	Comprehensive Plan Amendment and Level 3 Arch/Site Plan Review	Town Commission
Any project classified as a Development of Regional Impact (DRI) or otherwise subject to the review provisions of the Intergovernmental Coordination Element (ICE)	DRI/ICE Review and Level 3 Arch/Site Plan Review	Town Commission
⁽¹⁾ Where more than one approval is necessary for a project, all final actions shall be taken by the highest review authority required. For example, where a project requires approval of both a Level 1 Architectural/Site Plan Review and a Land Clearing Plan Review, final action for both applications shall be taken by the Architectural Review and Planning Board.

TABLE 70-297-B
Review Process	Applicable Land Development Code/Florida Statutes Section	Final Review Authority⁽¹⁾	Application Fee⁽²⁾
Annexation/ Contraction Review	Chapter 171, Fla. Stat.	Town Commission	$300
Comprehensive Plan Amendment	Chapter 58, Art. III, LDC and Chapter 163.3187, Fla. Stat.	Town Commission	$500
Development Agreement	Chapter 163.3220, Fla. Stat.	Town Commission	$300
Development of Regional Impact/ Intergovernmental Coordination Element Review	Chapter 380.06, Fla. Stat.	Town Commission	Fee to be established by Town Commission upon submission of application
Land Clearing Plan Review	Chapter 58, Art. VI, LDC	Architectural Review and Planning Board	$50
Level 1 Arch/Site Plan Review	Chapter 66, Art. V.1., LDC	Planning and Building Administrator	No fee.
Level 2 Arch/Site Plan Review	Chapter 66, Art. V.1., LDC	Architectural Review and Planning Board	$100
Level 3 Arch/Site Plan Review	Chapter 66, Art. V.1., LDC	Town Commission	$150
North Ocean Boulevard Landscape Disturbance Permit	Chapter 66, Art. VII, LDC	Architectural Review and Planning Board	$25
Rezoning	Chapter 66, Art. I, LDC	Town Commission	$300
Sign Review	Chapter 66, Art. VIII, LDC	Architectural Review and Planning Board	$25
Special Exception	Chapter 66, Art. V.3., LDC	Town Commission	$150
Subdivision	Chapter 62, LDC	Town Commission	$150 plus $25 for each lot
Variance	Chapter 66, Art. V.2., LDC	Town Commission	$300
⁽¹⁾ Where more than one approval is necessary for a project, all final actions shall be taken by the highest review authority required. For example, where a project requires approval of both a Level 1 Architectural/Site Plan Review and a Land Clearing Plan Review, final action for both applications shall be taken by the Architectural Review and Planning Board. ⁽²⁾ Application fees do not include direct expenses, such as advertising and professional fees, for which the applicant may have to reimburse the Town. All application fees and reimbursable expenses are as adopted by Resolution 95-1.

Town of Gulf Stream Development Review Process

                    
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