3.4.1.1 Establishment and procedure:

3.4.1.1.1 Establishment and composition. A zoning board of appeals and adjustment (also known as board of zoning appeals) is hereby established, which shall consist of five members to be appointed by the city commission, each for a term of three years. All members must be electors of the city. Any member may be reappointed for terms of three years upon approval of the city commission. Of the five members first appointed to the board of zoning appeals at the effective date of these zoning regulations, two shall be appointed for one year, two shall be appointed for two years and one shall be appointed for three years. The zoning board of appeals and adjustment in this ordinance shall be called zoning board of appeals and adjustment or board of zoning appeals; the two terms to be used interchangeably. All terms expire on the 30th day of June of the expiration year. No member of the zoning board of appeals and adjustment may concurrently serve as a member of the planning board or code enforcement board. No person serving as chairperson shall serve more than two consecutive terms.

(Ord. No. 1315-99, § 1, 6-1-99; Ord. No. 1452-02, § 1, 7-02-2002)

3.4.1.1.2 Qualifications of members. No member of the board of zoning appeals shall hold any other public position or office in the government of Altamonte Springs. Members shall be appointed from among registered voters in a position to represent the public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest.

3.4.1.1.3 Vacancies. Vacancies in board of zoning appeals membership shall be filled by appointment by the city commission for the unexpired term of the member affected within not more than 45 days after such vacancy occurs. It shall be the duty of the chairman of the board of zoning appeals to notify the mayor within ten days after any vacancy shall occur among members of the board of zoning appeals.

3.4.1.1.4 Removal. Members of the board of zoning appeals may be removed from office for cause by the affirmative votes of three members of the city commission upon written charges and public hearing, if the member of the board of zoning appeals so affected requests such public hearing. If any member fails to attend two out of three successive board meetings without cause and without prior approval of the chairperson, the board shall declare the member's office vacant automatically, and the city commission shall promptly fill such vacancy.

(Ord. No. 1204, § 3, 12-5-95)

3.4.1.1.5 Compensation. Members of the board of zoning appeals shall receive no salaries or fees for service on the board, but may receive actual and necessary expenses incurred in the performance of their duties of office.

3.4.1.1.6 Proceedings:

(a)

Officers and voting. The board of zoning appeals shall select a chairman and vice-chairman during the first scheduled meeting, on or after July 1st, from among its members and may create and fill such other offices as it may determine. It shall provide itself with a secretary, either by election from its members of by appointment of an employee of the city who is not a member of the board. All regular members of the board shall be entitled to vote in matters before the board of zoning appeals.

(b)

Rules of procedure. The board of zoning appeals shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida Law and these zoning regulations. Such rules of procedure shall be available in a written form to persons appearing before the board of zoning appeals and to the public. A failure or refusal to appear in response to a subpoena issued by the board shall constitute a violation of this ordinance.

(c)

Meetings. Meetings shall be held at the call of the chairman and at such other times as the board of zoning appeals may determine. Meetings that are not regularly scheduled shall not be held without at least seven days' notice to each member. The board of zoning appeals shall have the power to take testimony under oath and compel the attendance of witnesses.

(d)

Quorum; minutes; public records. The board of zoning appeals shall keep minutes of its proceedings, showing the vote of each member (including the chairman or vice-chairman), or if absent, indicating such fact. The board of zoning appeals shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately in the office of the board. A quorum for the transaction of business shall consist of three members.

3.4.1.1.7 Hearings; appeals; notice. Appeals to the board of zoning appeals concerning interpretation or administration of these zoning regulations or concerning the essence of variances or for variance under these zoning regulations may be taken by any person aggrieved or by any officer, agency or department of the City of Altamonte Springs affected by any decision, determination or requirement of the director of growth management. Such appeals shall be taken with a reasonable time, not to exceed 30 days, by filing with the director of growth management and the board a notice of appeal specifying the grounds therefor. The growth management director shall forthwith transmit to the board of zoning appeals all papers constituting the record upon which the section appealed was taken.

The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

3.4.1.1.8 Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed, unless the director of growth management from whom the appeal is taken certifies to the board of zoning appeals after the notice of appeal is filed with him that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause a hazard to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of zoning appeals or by a court of record on application, on notice to the director of growth management and due cause shown.

3.4.1.1.9 Financial and staff assistance. The board of zoning appeals may be provided by the city commission with such professional and financial assistance as may be deemed necessary to enable the board of zoning appeals to perform the functions assigned to it by these zoning regulations.

3.4.1.2 Powers and duties. The board of zoning appeals shall have the following powers and duties:

3.4.1.2.1 Administrative review. To hear and decide appeals where it is alleged that there is an error in any order, decision or determination of the zoning administrator in the enforcement of these zoning regulations.

3.4.1.2.2 Variances. To authorize in cases dealing with variances greater than 15 percent for additions to and redevelopment of developed property, single-family development, and signs such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary and undue hardship. A variance from the terms of these zoning regulations shall not be granted until a public hearing is held before the board of zoning appeals. In lieu of a board variance, an administrative variance of 15 percent or less may be granted by the growth management director (or department designee) from regulations pertaining to R-1, R-1A, R-1AA, R-1AAA zoned properties for individually developed lots.

(Ord. No. 1204-95, § 4, 12-5-95; Ord. No. 1344-99, § 5, 12-5-2000)

3.4.1.2.3 Special authority of board of zoning appeals in relation to certain nonconforming uses. Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged; provided however, that any nonconforming use may be extended if such extension will make such use conform with current regulations, and provided that the board of zoning appeals shall find after public notice and hearing that the proposed use is still appropriate, and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use in its current form is continued. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the intent and purpose of these zoning regulations. Petition under this subsection shall be to the director of growth management for transmittal to the board of zoning appeals. An existing nonconforming use may be changed to another nonconforming use of equal or improved character subject to the determination of the growth management director. The zoning board of appeals powers with regard to nonconforming uses are also described in the supplementary district regulations of this article.

3.4.1.2.4 Board of zoning appeals has powers of zoning administrator on appeals: reversing decision of zoning administrator. In exercising the above mentioned powers, the board of zoning appeals may, so long as such action is in conformity with the terms of these zoning regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the zoning administrator from whom the appeal is taken.

3.4.1.2.5 In matters of review. The affirmative votes of three members of the board of zoning appeals shall be necessary to reverse any order, requirement, decision, or determination of the director of growth management, or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations.

3.4.1.3 Procedure for public hearing before the board of zoning appeals:

3.4.1.3.1 Written petition. A written petition for a variance or other action shall be submitted by the property owner, or his designated agent (by power of attorney) to the land development division. Such petition shall be accompanied by all pertinent information required for proper consideration and shall demonstrate that the following conditions exist for subject property:

(a)

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;

(b)

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

(c)

Literal interpretation of the provisions of these zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these zoning regulations and would work unnecessary and undue hardship on the applicant.

(d)

The variance or other action, if granted, is the minimum request that will make possible the reasonable use of the land, building, or structure;

(e)

Granting the request will not confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district;

(f)

The grant of the request will be in harmony with the general intent and purpose of these zoning regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

3.4.1.3.2 Required legal notices:

(a)

Responsibilities of the city:

1.

Notice to newspapers. Publication of a notice of public hearing in a newspaper of general circulation in the city at least 15 days in advance of the public hearing.

2.

Notice to applicant. Notice of the time and place of public hearing by the board of zoning appeals shall be provided to the owner of the subject property of his designated agent in the growth management department at least 15 days in advance of the hearing.

(b)

Responsibilities of the applicant:

1.

Notice to surrounding property owners. Notice of the time and place of the public hearing by the board of zoning appeals shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a variance or other action is sought; provided, however, that where the applicant is the owner of adjacent land not included in the applicant's application for a zoning amendment, the 300-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by the applicant's application. It shall be the responsibility of the applicant or his designated agent or attorney to notify all affected property owners. The applicant shall be responsible for obtaining the names and addresses of the property owners from the county property appraiser's office.

a.

For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest property tax rolls of Seminole County. As part of the application submittal to the city, the applicant shall provide a list of the affected property owners' names, addresses, and property identification numbers within 300 feet that are to be notified, and a map indicating the location of those properties and the 300-foot boundary line.

b.

Those notices shall be delivered by U.S. Postal Service first-class certified mail to all property owners within the 300-foot radius, and the certified mail receipts, postmarked by the postal service, and affidavit of mailing by the applicant shall be provided to the city to prove compliance with these notice requirements. Certified mail return receipt service (green postcard) is not required.

2.

Notice to subject property. A "notice of public hearing" sign shall be posted on the land which is the subject of the hearing at least 15 days prior to the date of the public hearing. Said notification sign shall be as provided by the city and shall be located so as to be visible from the nearest right-of-way. Where the property is landlocked, the sign shall be located on the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the property.

3.

Proof of notification. The applicant must provide the city with proof of notification at least seven days prior to the public hearing and must include the following:

a.

An affidavit from the applicant certifying that the adjoining property owners' notifications were properly mailed, and the property was properly posted.

b.

Postal service certified mail receipts for first-class mail notifications, postmarked by the postal service.

c.

A list of any additional parties noticed, who were not in the original mailing list.

d.

Copies of any additional materials the applicant included in the adjoining property owner mailout.

4.

Failure to notify surrounding property owners. Failure to notify all adjoining property owners shall not invalidate the proceedings unless the board of zoning appeals finds that the failure was substantial or in bad faith.

(Ord. No. 1344-99, § 5, 12-5-00; Ord. No. 1569-07, § 2, 4-3-07; Ord. No. 1617-09, § 2, 12-1-09)

3.4.1.3.3 Public hearing. A public hearing shall be held by the board of zoning appeals. The applicant shall be represented at the public hearing. Failure to appear may result in the item being continued until the next regularly scheduled meeting. However, the board of zoning appeals may take action on any item regardless of whether the applicant is present or represented.

3.4.1.3.4 Findings. The board of zoning appeals shall make findings that the requirements of subsection 3.4.1.3.1 have or have not been demonstrated by the applicant for variance.

3.4.1.3.5 Conditions and safeguards. In granting any variance, the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with zoning regulations including but not limited to, reasonable time limits within which the action for which variance is required shall be begun or completed, or both. Variance approval will expire on the specified date if progressive developmental activity has not commenced. (Lot clearing and grading, road construction, drainage improvements and landscaping shall not constitute development activity.) Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these zoning regulations and shall be grounds for revocation of the variance. Unless otherwise specified by the board of zoning appeals, the time limit for variance shall expire 12 months after the effective date of such action; except if a building permit has been issued within the 12-month time period and work is actively pursued without cessation of six months or greater.

(Ord. No. 1344-99, § 5, 12-5-2000)

3.4.1.3.6 Limitations on power to grant variances:

(a)

Under no circumstances shall the board of zoning appeals grant a variance to permit a use not permitted under the terms of these zoning regulations in the zoning district involved, or any use expressly or by implication prohibited by the terms of these regulations in the said zoning district.

(b)

No nonconforming use of neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in any other district shall be considered grounds for the granting of a variance.

(c)

No conditional use of these zoning regulations shall be granted by the board of zoning appeals.

3.4.1.4 Time limits for reapplication for variance. No application for a variance may be filed for 12 months after a variance request has been denied on the same property. This time limit may be waived by three affirmative votes of the board of zoning appeals when such action is deemed necessary to prevent injustice or to facilitate the proper development of Altamonte Springs.

3.4.1.5 Judicial review of decisions of the board of zoning appeals. Any person aggrieved by the decision of the board of zoning appeals may seek judicial review of such decisions by filing a petition for writ of common law certiorari, in the form prescribed by the Florida Appellate Rules, in circuit court, within 30 days of the decision sought to be reviewed. The decision of the board of zoning appeals shall be considered final administrative action and shall only be subject to review based upon the record established at the hearing before the board.

3.4.2.1 Establishment and procedures.

3.4.2.1.1 Establishment and composition. A planning board is hereby established which shall consist of seven voting members. The seven voting members shall constitute the regular members of the planning board. Initially, two members shall be appointed for one year, two members shall be appointed for two years, three members shall be appointed for three years, and thereafter all members shall be appointed for terms of three years. All terms shall expire on the 30th day of June of the expiration year. Members of the planning board may be reappointed by the city commission for three-year terms. No member shall serve as chairperson for more than two consecutive terms. No member of the planning board may concurrently serve on the board of zoning appeals or the code enforcement board. In addition to the seven voting members, the planning board shall also comprise one nonvoting member from the Seminole County school district appointed by the school board. The nonvoting member shall attend those meetings at which comprehensive plan amendments and rezonings are considered that would, if approved, increase residential density on the property that is the subject of the application.

(Ord. No. 1313-99, § 1, 6-1-99; Ord. No. 1452-02, § 2, 7-2-02; Ord. No. 1478-03, § 1, 4-1-03)

3.4.2.1.2 Qualifications of members. One planning board member from each of the four districts shall be appointed by the city commission. The remaining three members of the planning board shall be appointed by the mayor and confirmed by the city commission. It is the intent of this ordinance that the membership of the board shall include an attorney, an architect, a professional engineer or other such individuals with special expertise in the general matters with which the board is charged. All voting members shall be registered electors of the City of Altamonte Springs and domiciled in the City of Altamonte Springs. No members of the planning board shall hold any other public position or office in Altamonte Springs City Government. Members shall be chosen from among persons in a position to represent the public interest.

(Ord. No. 1478-03, § 1, 4-1-03)

3.4.2.1.3 Vacancies. Vacancies on the planning board shall be filled by appointment for the unexpired portion of the term of the member affected and shall follow the procedure set forth in subsection 3.4.2.1.2. It shall be the duty of the chairman of the planning board to notify the mayor within ten days after any vacancy shall occur among members of the planning board. Appointment (is to) be made by city commission for the unexpired term of the member affected within 45 days after such vacancy occurs.

3.4.2.1.4 Removal. Members of the planning board may be removed from office for cause by the affirmative votes of three members of the city commission upon written charges and public hearing, if the member so affected so requests such public hearing. If any voting member fails to attend two out of three successive board meetings without cause and without prior approval of the chairperson, the board shall declare the member's office vacant automatically, and the city commission shall promptly fill such vacancy.

(Ord. No. 1204-95, § 5, 12-5-95; Ord. No. 1478-03, § 1, 4-1-03)

3.4.2.1.5 Compensation. Members of the planning board shall receive no salaries or fees for service on the board, but may receive actual and necessary expenses incurred in the performance of their duties of office.

3.4.2.1.6 Proceedings.

(a)

Officers. The planning board shall select a chairman and a vice-chairman during the first scheduled meeting, on or after July 1st, from among its members and may create and fill such other offices as it may determine. All regular members of the planning board shall be entitled to vote in matters before the board.

(b)

Rules of procedure. The planning board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of Florida Law and these zoning regulations. Such rules of procedure shall be available in written form to persons appearing before the board and to the public. A failure or refusal to appear in response to a subpoena issued by the board shall constitute a violation of this ordinance.

(c)

Meetings. Meetings shall be held at the call of the chairman and at such other times as the planning board may determine; provided that the board shall hold at least one regularly scheduled meeting each month on a day to be determined by the board. Meetings that are not regularly scheduled shall not be held without at least 24 hours' notice to each member. The planning board shall have the power to take testimony under oath and compel the attendance of witnesses.

(d)

Quorum; minutes; public records. The planning board shall keep records of its proceedings, showing the vote of each member (including the chairman or vice-chairman), or, if absent or failing to vote, indicating such fact. The board shall keep records of its examinations, and other official actions, all of which shall be a public record and be filed immediately in the office of the growth management department. A quorum of the transaction of business shall consist of four members.

(e)

No member of the planning board shall appear before the board of zoning appeals or city commission as agent or attorney for any person, but shall have the right to appear on behalf of the board on which he or she serves.

(f)

Abandonment of public rights-of-way. The planning board shall review petitions and make recommendations to the city commission to abandon or vacate public rights-of-way.

(g)

Subdivision approval. The planning board shall review and make recommendations to city commission regarding the subdivision of land within the city limits of Altamonte Springs in accordance with the subdivision regulations of the City of Altamonte Springs, Florida.

(h)

Conditional uses. The planning board is empowered to hear all conditional uses specifically provided for in these zoning regulations; to decide such questions as are involved in determining whether or not conditional uses should be granted; to grant conditional uses with such conditions and safeguards as are reasonable and appropriate under these zoning regulations.

(i)

Site plan review. The planning board is empowered to review and approve site plans for the development of property within the City of Altamonte Springs in accordance with the procedures prescribed in the site plan procedures chapter of this Code.

(j)

Local land planning agency. The planning board is hereby designated as the local land planning agency for the purpose of complying with Chapter 163 of the Florida Statutes. The planning board, acting as the local land planning agency, has the primary responsibility of guiding the comprehensive planning process within the City of Altamonte Springs. This responsibility shall include, but not be limited to, the following:

(1)

Preparing the comprehensive plan for the incorporated territory and planning area of the City of Altamonte Springs, Florida;

(2)

Coordinating said comprehensive plan, or elements or portions thereof, with the comprehensive plans of other local governments;

(3)

Establishing procedures for providing effective public participation, in a manner consistent with the planning process, to obtain citizen and public input into all phases of the comprehensive planning process;

(4)

Reviewing all proposed land development regulations and codes to ensure consistency with the adopted comprehensive plan;

(5)

Monitoring and overseeing the effectiveness and status of the comprehensive plan;

(6)

Reviewing the comprehensive plan and preparing periodic evaluation reports for the city commission. Such reports shall be prepared at least once every five years after the adoption of the comprehensive plan; they may, at the request of the city commission, be prepared at lesser intervals;

(7)

Preparing and recommending to the city commission ordinances, regulations and other proposals required for the implementation of the policy statements set forth in the comprehensive plan;

(8)

Making or causing to be made any necessary special studies on the location, adequacy and conditions of specific facilities in the city. These may include but are not limited to, studies on housing, commercial and industrial conditions and facilities, recreation, public and private utilities, roads and traffic, transportation and the like;

(9)

Conducting such public hearings as may be required to get the information necessary for the drafting of ordinances, codes and regulations related to the comprehensive plan;

(10)

Acquiring and maintaining such information and materials which are necessary for an understanding of past trends, present conditions and forces at work to cause changes in these conditions. Such information and materials may include maps and photographs of manmade and natural physical features of the city, statistics on past trends and present conditions with respect to population, property values, economic base, land use, and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the city.

(k)

Voting. All regular members of the planning board shall be entitled to vote in matters before the board. On all the items before the planning board an affirmative vote of four members shall prevail.

(l)

Applicants/representative shall be present at the public hearing on any item. Failure to appear may result in the item being continued until the next regularly scheduled meeting. However, the planning board may take action on any item regardless of whether the applicant or representative is present.

(Ord. No. 1344-99, § 5, 12-5-00)

3.4.2.1.7 Financial assistance. The city commission may make available to the planning board such funds as it may see fit for salaries, fees and expenses necessary in the conduct of the planning board work.

3.4.2.2 Functions, powers and duties. The function, powers and duties of the planning board shall be as follows:

3.4.2.2.1 General:

(a)

All city employees shall, upon request, or within a reasonable time, furnish to the planning board or its employees or agents such available records or information as may be required in its work. The planning board, or its employees or agents, may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized city agents and employees, and shall have other powers as are required for the performance of official functions in carrying out the purposes of the planning board.

3.4.2.2.2 Specific:

(a)

Zoning requirements. The planning board shall review and make recommendations to the city commission on amendments to the zoning regulations and the official zoning map.

(b)

Annexation and zoning designations. The planning board shall review annexation petitions and submit its recommendation to the city commission in accordance with annexation to procedures as they may be from time to time adopted by the city commission.

(c)

Requirements of the planning board report to the commission. The report and recommendations to the city commission shall show the planning board has studied and considered, where applicable, whether or not:

(1)

The proposed change is contrary to the established land use pattern;

(2)

The proposed change would create an isolated district unrelated to adjacent and nearby districts;

(3)

The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.

(4)

Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(5)

The proposed change would be contrary to the land use plan and would have an adverse effect on the comprehensive plan;

(6)

Changed or changing conditions make the passage of the proposed amendment necessary;

(7)

The proposed change will adversely influence living conditions in the neighborhood;

(8)

The proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

(9)

The proposed change will create a drainage problem;

(10)

The proposed change will seriously reduce light or air to adjacent areas;

(11)

The proposed change will adversely affect property values in the adjacent area;

(12)

The proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;

(13)

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;

(14)

There are substantial reasons why a reasonable use of the property cannot be accomplished under existing zoning;

(15)

Whether the change suggested is out of scale with the needs of the neighborhood or the city;

(16)

It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use;

(17)

Restrictions on any other matters which the city commission is authorized to regulate.

(d)

Provisions for restrictive rezonings. In recommending a change in the zoning classification of a lot or parcel of land, at the request of or with the concurrence of the owner, the planning board may recommend, and the city commission may approve, the property involved in the change; provided that such restrictions confer upon the applicant or subject property no privilege otherwise denied by these regulations to other lands, structures of buildings in the same district. Such restrictions may include one or more of the following:

(1)

Use restrictions greater than those otherwise specified for that particular district;

(2)

Density restrictions greater than those otherwise specified for the particular district;

(3)

Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways;

(4)

Height limits more restrictive than otherwise permitted in the district;

(5)

Minimum lot areas or minimum widths greater than otherwise specified for the particular district;

(6)

Minimum floor area greater than otherwise specified for structures in the particular district;

(7)

Open space requirements greater than otherwise required for property in the particular district;

(8)

Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district;

(9)

Fencing or screening requirements greater than otherwise required for the particular district;

(10)

Restrictions on any other matters which the city commission is authorized to regulate.

Upon approval of such restrictive rezonings, the zoning official shall enter a reference to the restrictions on the city's official zoning atlas, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein.

(e)

Conditional uses. The planning board is empowered to hear all conditional uses specifically provided for in these zoning regulations; to decide such questions as are involved in determining whether or not conditional uses should be granted; to grant conditional uses with such conditions and safeguards as are reasonable and appropriate under these zoning regulations.

(f)

Site plan review. The planning board is empowered to review and approve, approve with conditions, or deny site plans for the development of property within the City of Altamonte Springs in accordance with the procedures and in consideration of the express purpose and intent and criteria set forth in the comprehensive plan and land development regulations of the city. For site plans within the west town center activity center, the board shall consider consistency with the west town center design guidelines. For site plans within the regional business center (RBC), the additional responsibility of the planning board shall be to:

(1)

Make a finding that the proposed development is consistent with the central development plan and central business district urban design plan.

(2)

Make a finding the proposed development is consistent with the development order for the central development plan DRI for land use location, intensity and improvements required within each phase of the DRI.

(3)

Negotiate any development bonuses greater than 15 percent regarding additional height, floor area ratio (F.A.R.), and density for the proposed development with the applicant. Maximum bonuses identified will not be exceeded in the preparation of the final site plan.

(g)

Appeals. Appeals to the planning board concerning interpretation or administration of these zoning regulations, except as to the provision regarding variances which are to be considered by the board of zoning appeals may be taken by any person aggrieved or by any officer, agency, or department of the City of Altamonte Springs affected by any decision determination or requirement of the growth management director. Appeals shall be taken within a reasonable time, not to exceed 30 days, by filing with the growth management director and with the planning board a notice of appeal specifying the grounds therefor. The growth management director shall forthwith transmit to the planning board all papers constituting the record upon which the action appealed was taken.

The planning board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or be agent or attorney.

(h)

Local land planning agency. The planning board is hereby designated as the local land planning agency for the purpose of complying with Chapter 163 of the Florida Statutes.

(i)

Variances. To authorize in cases dealing with new construction, where identified on the plan and application, such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary and undue hardship. A variance from the terms of these zoning regulations shall not be granted until a public hearing is held before the planning board. In lieu of a variance, an administrative waiver of 15 percent or less pursuant to section 3.4.12 may be granted by the growth management director (or department designee) from regulations pertaining to R-1, R-1A, R-1AA, R-1AAA zoned properties.

(Ord. No. 1204-95, § 6, 12-5-95; Ord. No. 1344-99, § 5, 12-5-00)

3.4.2.3 Appeals from decisions of the planning board.

(a)

Administrative interpretations, annexations, rezonings, land use amendments, abandonments, conditional uses and waivers.

(1)

Status of planning board decision. Action taken by the planning board to deny an appeal regarding the interpretation or administration of these zoning regulations or to deny any annexation, rezoning land use amendment, site plan, or abandonment, or to grant with appropriate conditions and safeguards, or to deny, a conditional use or waiver of the land development regulations, shall be deemed final unless a request is filed by the applicant or an aggrieved party with the city clerk within 15 days from the date of such planning board decision requesting the city commission to review such decision.

(2)

Appeal to the city commission. Following the timely filing of a request for review, a public hearing shall be held by the city commission, and following such hearing, the city commission may either affirm, modify or reverse the planning board decision. The decision of the city commission shall be considered final administrative action, and shall be subject to review based only upon the record established at the hearing before the commission. Failure to first appeal a decision on the planning board to the city commission shall preclude any review by the circuit court.

(b)

Variances. Any person aggrieved by the decision of the planning board regarding a variance application may seek judicial review of such decision by filing a petition for writ of common law certiorari, in the form prescribed by the Florida Appellate Rules, in circuit court, within 30 days of the decision sought to be reviewed. The decision of the planning board shall be considered final administrative action and shall be subject to review based upon the record established at the hearing before the board.

(Ord. No. 1204-95, § 7, 12-5-95; Ord. No. 1344-99, § 5, 12-5-00; Ord. No. 1677-14, § 1, 5-20-14)

Public hearings are required for annexations, comprehensive plan amendments, rezonings, abandonments, conditional uses, waivers and variances. The growth management director may determine that a public hearing is not required for timely minor waivers. Although special procedures and considerations are required for each process, the public hearing format is basically the same for each procedure.

(Ord. No. 1204-95, § 8, 12-5-95)

3.4.3.1 Annexations, comprehensive plan amendments and rezonings. These processes require the adoption of an ordinance. One public hearing before the planning board and two public hearings before the city commission are required. The planning board shall prepare a report and make recommendation to the city commission for final action on each request.

(a)

Requirements of the planning board report to the commission. The report and recommendations to the city commission. The report and recommendations to the city commission shall show the planning board has studied and considered, where applicable, whether or not:

(1)

The proposed change is contrary to the established land use pattern;

(2)

The proposed change would create an isolated district unrelated to adjacent and nearby districts;

(3)

The proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.;

(4)

Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(5)

The proposed change would be contrary to the land use plan and would have an adverse effect on the comprehensive plan;

(6)

Changed or changing conditions make the passage of the proposed amendment necessary;

(7)

The proposed change will adversely influence living conditions in the neighborhood;

(8)

The proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

(9)

The proposed change will create a drainage problem;

(10)

The proposed change will seriously reduce light or air to adjacent areas;

(11)

The proposed change will adversely affect property values in the adjacent area;

(12)

The proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;

(13)

The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;

(14)

There are substantial reasons why a reasonable use of the property cannot be accomplished under existing zoning;

(15)

Whether the change suggested is out of scale with the needs of the neighborhood or the city;

(16)

It is impossible to find other adequate sites in the city for the proposed use in districts already zoned for such use;

(17)

Restrictions on any other matters which the city commission is authorized to regulate.

(b)

Provisions for comprehensive plan amendments.

(1)

Comprehensive plan amendments fall into three categories:

a.

"Small Scale Development" comprehensive plan amendments qualify as an exemption to the 90-day review by the Florida Department of Community Affairs (DCA).

A parcel may qualify for an exemption to the 90-day review if the proposed amendment is a residential land use of five acres or less and a density of five units per acre or less or involves other land use categories, singularly or in combination with residential use of three acres or less. Cumulative acreage for exemptions cannot exceed 30 acres annually. The exemption cannot involve the owner's property more than once a year, and cannot involve the same owner's property within 200 feet of property granted a change within a period of 12 months.

Acceptance of applications for "Small Scale Development" comprehensive plan amendments. For properties within activity center areas, the city will accept applications on the first working day of each month.

For properties outside activity center areas, the city will accept applications only once a year, on the first working day in March which is the beginning of the March comprehensive plan amendment cycle.

b.

Comprehensive plan amendments that qualify as an exemption to the 90-day review by DCA because the request is also a Development of Regional Impact (DRI). State statutes allow DRI's to qualify as an exemption to the DCA 90-day review. Review of a comprehensive plan amendment that is also a DRI shall comply with the requirements of Chapter 380.06, Developments of Regional Impact, Florida State Statutes.

c.

Comprehensive plan amendments that requires a 90-day review by DCA. Two comprehensive plan amendments cycles are allowed by state statutes per calendar year. The city will initiate two comprehensive plan amendment cycles per year on the first working day of the months of March and November, within activity center areas, the city will allow comprehensive plan amendments which require a 90-day review by DCA up to two times a year. Outside activity center areas, the city will allow comprehensive plan amendments which require a 90-day review cycle by DCA only once a year, during the March cycle. The March comprehensive plan amendment cycle will be considered the main cycle of the year. The November comprehensive amendment cycle, although may include petitioned requests for properties within activity center areas, will accommodate any administrative petitions or institutional petitions. There, however, must be a minimum of three petitioned requests to merit the initiation of the November cycle. A waiver to the minimum three requests must be approved by the city commission.

(2)

Findings for approving comprehensive plan amendments.

a.

The character of the area or adjacent land has changed enough to warrant a different land use.

b.

Facilities and services are available concurrent with development at adopted standards for the development site and other property which could go to a higher density as a result of precedent.

c.

The site can accommodate the proposed use and comply with other development regulations and standards.

d.

The proposal meets any other special provisions of the law.

e.

The proposed use is compatible with surrounding development in terms of appropriate buffers, setbacks, development intensity, off-site odor, noise, visual and traffic impacts.

f.

The proposed use furthers the public interest by providing:

1.

Sites for public facilities or facility improvements in excess of the projects needs;

2.

Publicly dedicated conservation areas in excess of code requirements;

3.

Affordable housing;

4.

Economic diversity by providing skilled labor jobs;

5.

Reduction in transportation impacts on area-wide roads by developing mixed-uses which place residential units in close proximity to economical centers, recreation and other public uses; or

6.

Participation in mass transit or transportation system management (TSM) measures.

g.

The proposed use is consistent with other elements of City Plan 2005.

(c)

Provisions for restrictive rezonings. In recommending a change in the zoning classification of a lot or parcel of land, at the request of or with the concurrence of the owner, the planning board may recommend, and the city commission may approve such change with restrictions applicable only to the property involved in the change; provided that such restrictions confer upon the applicant or subject property no privilege otherwise denied by these regulations to other lands, structures or buildings in the same district. Such restrictions may include one or more of the following:

(1)

Use restrictions greater than those otherwise specified for that particular district;

(2)

Density restrictions greater than those otherwise specified for the particular district;

(3)

Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways;

(4)

Height limits more restrictive than otherwise permitted in the district;

(5)

Minimum lot areas or minimum widths greater than otherwise specified for the particular district;

(6)

Minimum floor area greater than otherwise specified for structures in the particular district;

(7)

Open space requirements greater than otherwise required for property in the particular district;

(8)

Parking, loading, driveway or traffic requirements more restrictive than otherwise required for the particular district;

(9)

Fencing or screening requirements greater than otherwise required for the particular district;

(10)

Restrictions on any other matters which the city commission is authorized to regulate.

Upon approval of such restrictive rezonings, the zoning official shall enter a reference to the restrictions on the city's official zoning atlas, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein.

3.4.3.2 Waivers from land development regulations. The request for a waiver from the land development regulations requires one public hearing before the planning board, provided that waivers 15 percent or less may be granted administratively by staff upon the concurrence of the director of the department with jurisdiction over the waiver request. Provisions for the granting of a waiver may be found in section 3.4.12 of this article.

(Ord. No. 1344-99, § 5, 12-5-2000)

3.4.3.3 Right-of-way and easement abandonments.

(a)

Right-of-way abandonments require public hearing before the planning board, two public hearings before city commission and adoption by ordinance.

(b)

Easement abandonments require a public hearing before the city commission. The commission shall approve an easement abandonment either by resolution or by authorization and shall record a short form easement release agreement in the public records.

3.4.3.4 Conditional uses. Conditional uses require action by the planning board only. One public hearing is required. No conditional use may be granted until the following conditions have been met:

(a)

Findings of the planning board. Before any conditional use is granted, the planning board shall make a determination that the granting of the conditional use will not adversely affect the public interest and that the application and evidence presented clearly indicates that the use shall be compatible with the surrounding area and not impose an excessive burden or pose a substantial negative impact on surrounding or adjacent areas or on community facilities or services. The planning board shall further make findings that the specific requirements governing the individual conditional use, if any, have been met by the petitioner, and the board shall show in its record that the following guidelines were considered in making its decision:

(1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

(2)

Off-street parking and loading areas, where required, with particular attention to the items in (1) above and the economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district;

(3)

Refuse, and service areas, with particular reference to the items in (1) and (2) above;

(4)

Utilities, with reference to locations, availability and compatibility;

(5)

Screening and buffering with reference to type, dimensions and character;

(6)

Sign, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district;

(7)

Required yards and other open spaces;

(8)

Any special requirements set forth in the district regulations for the particular use involved;

(9)

Any conditional uses set forth in the district regulations for the particular use involved.

(b)

Factual determinations of the planning board. The planning board may allow a conditional use only upon factual determination that the use requested:

(1)

Is consistent with the general pattern of land development within the zoning district;

(2)

Is not detrimental to the character of the area or neighborhood or would be consistent with the trends of development in the area or neighborhood;

(3)

Is consistent with the patterns of development intensity in the area;

(4)

Does not have an unduly adverse effect on existing traffic patterns, movements and intensity;

(5)

Is consistent with the city's comprehensive land use plan;

(6)

Can be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels

(Ord. No. 1344-99, § 5, 12-5-00)

(c)

Conditions and safeguards. In granting any conditional use, the planning board may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of these zoning regulations. Any conditional use which may be granted by the planning board, or the city commission on appeal, shall be in effect throughout the site plan review process and shall expire when and if the corresponding site plan expires. If there is no corresponding site plan, the conditional use approval shall expire 12 months after the effective date of such action by the planning board or city commission unless a building permit based upon and incorporating the conditional use is obtained within the aforesaid twelve-month period. However, the planning board or the city commission, if on appeal, may renew such conditional use for one additional period of six months; provided good cause is shown and the application for extension shall be filed with the board at least 45 days prior to the expiration of the aforesaid 12 month period. Any renewal may be granted without public hearing; however, a reapplication fee shall be charged for any renewal in an amount not to exceed equal to one-half the amount of the original application fee.

(d)

Denial. If the planning board denies a conditional use, it shall state fully in its record its reasons for doing so. Such reasons shall take into account the factors stated in subsection (a) and (b) above, or as many of them as may be applicable to the action of denial, and the particular regulations relating to the specific conditional use, if any.

(e)

Waiver of time limits. The time limits of subsection (c) above may be waived by four affirmative votes of the planning board when such action is deemed necessary to prevent injustice or to facilitate the proper development of Altamonte Springs.

3.4.3.5 Variances.

3.4.3.5.1 Written petition. A written petition for a variance shall be submitted by the property owner, or his designated agent (by power of attorney) to the land development division. Such petition shall be accompanied by all pertinent information required for proper consideration and shall demonstrate that the following conditions exist for subject property.

(a)

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;

(b)

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

(c)

Literal interpretation of the provisions of these zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these zoning regulations and would work unnecessary and undue hardship on the applicant;

(d)

The variance or other action, if granted, is the minimum request that will make possible the reasonable use of the land, building or structure;

(e)

Granting the request will not confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings or structures in the same zoning district;

(f)

The grant of the request will be in harmony with the general intent and purpose of these zoning regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

3.4.3.5.2 Findings. The planning board shall make findings that the requirements of subsection 3.4.3.5.1 have or have not been demonstrated by the applicant for variance.

(Ord. No. 1344-99, § 5, 12-5-00)

3.4.3.5.3 Conditions and safeguards. In granting any variance, the planning board may prescribe appropriate conditions and safeguards in conformity with zoning regulations including but not limited to, reasonable time limits within which the action for which variance is required shall be begun or completed, or both. Variance approval will expire on the specified date if progressive developmental activity has not commenced. (Lot clearing and grading, road construction, drainage improvements and landscaping shall not constitute development activity.) Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these zoning regulations and shall be grounds for revocation of the variance. Unless otherwise specified by the planning board, variance approvals shall be in effect throughout the site plan review process, and shall expire when and if the corresponding site plan expires. If there is no corresponding site plan, the time limit for variance shall expire 12 months after the effective date of such action; except if a building permit has been issued within the 12-month time period and work is actively pursued without cessation of six months or greater.

(Ord. No. 1344-99, § 5, 12-5-00)

3.4.3.5.4 Limitations on power to grant variances:

(a)

Under no circumstances shall the planning board grant a variance to permit a use not permitted under the terms of these zoning regulations in the zoning district involved, or any use expressly or by implication prohibited by the terms of these regulations in the said zoning district.

(b)

No nonconforming use of neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in any other district shall be considered grounds for the granting of a variance.

3.4.3.5.5 Time limits for reapplication for variance. No application for a variance may be filed for 12 months after a variance request has been denied on the same property. This time limit may be waived by four affirmative votes of the planning board when such action is deemed necessary to prevent injustice or to facilitate the proper development of Altamonte Springs.

(Ord. No. 1204-95, § 9, 12-5-95; Ord. No. 1344-99, § 5, 12-5-00; Ord. No. 1677-14, § 1, 5-20-14)

3.4.4.1 Written petition. All proposals shall be submitted in writing to the growth management department, accompanied by all pertinent information required by these zoning regulations for proper consideration of the matter, along with payment of such fees and charges as have been established by the city commission in accordance with section 3.4.8 of this article. No application shall be heard by the planning board until such fees and charges have been paid.

(Ord. No. 1344-99, § 5, 12-5-00; Ord. No. 1617-09, § 2, 12-1-09)

3.4.4.2 Required legal notices:

3.4.4.2.1 Responsibilities of the city.

(a)

Notice to newspaper. Notice of public hearing shall be published in a newspaper of general circulation in the city at least 15 days in advance of the public hearing.

(b)

Notice to applicant. Notice of time and the place of public hearing by the planning board shall be sent to the owner of the subject property or his designated agent at least 15 days in advance of public hearing by certified mail, return receipt requested or be picked up and signed for by the owner or his designated appointee in the growth management department.

(c)

Administrative rezonings or changes in permitted land use initiated by the city dealing with more than five percent of the total land area of the city. Notice of the time and the place of public hearing may be by advertisement instead of mailing individual notices to property owners as provided in F.S. § 166.041 (3)(c)(2), (1885).

(Ord. No. 1344-99, § 5, 12-5-00)

3.4.4.2.2 Responsibility of the applicant.

(a)

Notice to surrounding property owners. Notice of the time and place of the public hearing by the planning board shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a proposed change is sought; provided, however, that where the applicant is the owner of adjacent land not included in the application for the proposed change, the 300-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by the application. Notwithstanding the foregoing, easement and right-of-way abandonments shall only require notice to the property owners immediately adjacent to the property that is the subject of the abandonment when the easement or right-of-way is not open for travel to the general public and does not contain existing utility improvements in accordance with the method set forth below. It shall be the responsibility of the applicant or his designated agent or attorney to notify all affected property owners. The applicant shall be responsible for obtaining the names and addresses of the property owners from the county property appraiser's office.

(1)

For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest property tax rolls of Seminole County. As part of the application submittal to the city, the applicant shall provide a list of the affected property owners' names, addresses, and property identification numbers within 300 feet that are to be notified, and a map indicating the location of those properties and the 300-foot boundary line.

(2)

These notices are required to be mailed by U.S. Postal Service first-class certified mail to all property owners within the 300-foot radius. Additionally, nonvariance applications shall be mailed with certified mail return receipt service. The certified mail receipts, postmarked by the postal service, and affidavit of mailing by the applicant shall be provided to the city to prove compliance with these notice requirements. For nonvariance applications, the return receipt service cards (green postcards) shall also be provided to the city. This mailing must be done at least 15 days prior to the hearing.

(b)

Notice on subject property. A "notice of public hearing" sign shall be posted on the land which is the subject of the hearing at least 15 days prior to the date of the public hearing. Said notification sign shall be as provided by the city and shall be located so as to be visible from the nearest right-of-way, with an attached notation indicating generally the distance and direction to the property for which the proposed change is sought.

(c)

Proof of notification. The applicant must provide the city with proof of notification at least seven days prior to the public hearing and must include the following:

(1)

An affidavit from the applicant certifying that the notification of the adjoining property owners were properly mailed and the property was properly posted;

(2)

For all applications, postal service certified mail receipts for first-class mail notifications, postmarked by the postal service;

(3)

For nonvariance applications, postal service certified mail return receipt cards (green postcards);

(4)

A list of any additional parties noticed who were not in the original mailing list;

(5)

Copies of any additional materials the applicant included in the adjoining property owner mailout.

(d)

Failure to notify surrounding property owners. Failure to notify all adjoining property owners shall not invalidate the proceedings unless the planning board finds that the failure was substantial or in bad faith.

(Ord. No. 1569-07, § 2, 4-3-07; Ord. No. 1617-09, § 2, 12-1-09; Ord. No. 1677-14, § 1, 5-20-14)

3.4.5.1 Planning board hearing and report to city commission time limits. The planning board shall hold its public hearing within 70 days from the date a complete application for amendment is filed with the growth management department. When a rezoning application is filed and the application is recommended for approval with restrictions, the public hearing before the city commission shall not be heard until the restrictive zoning agreement is executed by appropriate parties and the city. The city commission public hearing should be held within 90 days of the planning board public hearing on the application. The report and recommendations of the planning board shall be advisory only and shall not be binding upon the city commission.

3.4.5.2 Public hearing before city commission.

3.4.5.2.1 Planning board report forwarded to city commission. Within 15 days after the planning board's public hearing, or upon receipt of the executed restrictive rezoning agreement where necessary, the growth management department shall forward the recommendations of the planning board, along with all necessary supporting data, to the city clerk's office. Upon receipt of this information, notice of the required public hearings shall be prepared.

3.4.5.2.2 Consideration of planning board recommendation. The city commission shall consider the planning board's report and recommendations during the course of its public hearing(s) on the requested change.

3.4.5.2.3 Required legal notices. As required by state law, applicants shall follow the procedures as contained in section 3.4.4.2.2 of this article, including that the notice to property owners shall be sent at least 15 days in advance of the city commission hearing.

3.4.5.2.4 Commission action on proposed change. When considering any requested change in the city's land use regulations and conditions, the commission's review of such requests shall include, but not be limited to, the review requirements of the planning board in section 3.4.3 of this article.

3.4.5.2.5 Failure of city commission to act. If a recommendation of the planning board for a change is not legislatively decided within 60 days of the date of its receipt by the city commission, the application upon which the report and recommendation are based shall be deemed to have been denied; provided that the city commission may refer the application back to the planning board for further study or may continue the public hearing, with the consent of the applicant, to obtain additional information.

3.4.5.2.6 Judicial review of decisions of the city commission. Any person aggrieved by the decision of the city commission may seek judicial review of such decision by filing a petition for writ of common law certiorari, in the form prescribed by the Florida Appellate Rules, in circuit court, within 30 days of the decision sought to be reviewed. The decision of the city commission shall be considered final administrative action, and shall be subject to review based only upon the record established at the hearing before the city commission.

(Ord. No. 1173-94, § 4, 6-7-94; Ord. No. 1344-99, § 5, 12-5-00; Ord. No. 1677-14, § 1, 5-20-14)

3.4.6.1 Minimum parcel size. Except where the proposal for the rezoning of property involves an extension of an existing district boundary, no change in the zoning classification of land shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage.

3.4.6.2 Denial of request. Whenever the city commission has denied an application for the rezoning of property, the planning board shall not consider another rezoning request for the same parcel except under the following conditions:

3.4.6.2.1 Reapplication for same rezoning. The planning board shall not consider any further application for the same rezoning or land use of any part or all of the same property for a period of 12 months from the date of such action.

3.4.6.2.2 Application for different zoning on same parcel. The planning board shall not consider an application for any other kind of rezoning or land use on any part or all of the same property for a period of six months from the date of such action.

3.4.6.3 Waiver of time limits. The time limits of subsection 3.4.6.2.1 above may be waived by three affirmative votes of the city commission when such action is deemed necessary to prevent injustice or to facilitate the proper development of Altamonte Springs.

3.4.7.1 Interpretation and enforcement. It is the intent of these zoning regulations that petitions requesting interpretations of these zoning regulations or opinions respecting enforcement thereof shall be presented first to the zoning administrator. The decision of the zoning administrator can be appealed to the board of zoning appeals or the planning board, and that recourse to the courts shall be as set forth in these zoning regulations.

It is further the intent of the zoning regulations that the duties of the city commission in connection with these zoning regulations shall include hearing and deciding questions of enforcement and interpretation that may arise. The procedure for setting such questions shall be governed by the policy set forth in these zoning regulations.

3.4.7.2 Conditional uses. It is further the intent of these zoning regulations that decisions involving conditional uses shall be made by the planning board with the right of appeal to the city commission as provided for in these regulations.

3.4.7.3 Zoning amendments. It is the intent of these zoning regulations that all proposed zoning text amendments and amendments to the official zoning map shall be heard first by the planning board and that the planning board's report and recommendations on such matters shall be advisory only to the city commission.

3.4.7.4 Duties of the city commission. Under these zoning regulations, the city commission shall have only the duties of:

(a)

Appointing or confirming members of the planning board and board of zoning appeals as required under these regulations;

(b)

Considering and adopting or rejecting proposed amendments to or the repeal of these zoning regulations;

(c)

Reviewing decisions of the planning board concerning conditional uses, annexations, rezoning requests, abandonments, changes in land use, and appeals of interpretation when required to do so;

(d)

Establishing a schedule of fees and charges as set forth in section 3.4.8 below.

3.4.8.1 Establishment of fees. The city commission hereby establishing a list of matters pertaining to these zoning regulations for which the city shall levy a fee or charge. It is the intent of these regulations that Altamonte Springs shall not be required to bear any part of the cost of applications or petitions made under these zoning regulations and that the fees and other costs involved in the processing of applications and petitions shall be borne by the applicant.

3.4.8.2 Schedule of fees. The schedule of fees and charges shall be posted in the offices of the zoning administrator and the city clerk. The charges shall be charged by resolution of the city commission and are not subject to the procedure for amendment of these zoning regulations.

3.4.8.3 Procedures requiring fees. Until applicable fees or charges have been paid in full, no action of any type or kind shall be taken on the following applications or petitions:

An application for annexation of property;

An application for land use change of property;

An application for the rezoning of land not otherwise herein specified;

An application for the rezoning of land to PUD classification;

An application for an arbor permit;

An application for an abandonment;

A petition for conditional use;

A petition for interpretation by the board of zoning appeals or planning board;

A petition for change in nonconforming use;

A petition for variance;

An application for subdivision plating;

An application for site development plan approval;

Any other fees as determined by the city commission.

(Ord. No. 1344-99, § 5, 12-5-2000)

In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum or maximum requirements, as the case may be, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of these zoning regulations are at variance with the requirements of any other applicable statute, rule, regulations, ordinance, or code, the most restrictive or that imposing the higher standards shall govern, to the extent permitted by law.

Whenever a violation of these zoning regulations occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance. He shall maintain as a public record in his office the disposition made of the complaint.

3.4.11.1 Noncompliance with regulations. Failure to comply with the provisions of these zoning regulations or with any order issued pursuant to any section herein or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with the granting of variances or special exceptions, shall constitute an ordinance violation. Any person who violates these zoning regulations or fails to comply with any of the requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. At the option of the code enforcement officer, any violation may be processed through the city's code enforcement board as an alternative to prosecution under this section, or as an alternative, in addition to the penalties as set forth above, the city may apply to the circuit court for an order enjoining acts violating these regulations, requiring the offending party to refrain from such acts and for such other remedies as may be deemed necessary and proper.

3.4.11.2 Ordinance violation. Any person who commits, participates in, assists in, or maintains any such violation shall be guilty of an ordinance violation, and may be prosecuted as provided above.

3.4.11.3 City action. Nothing herein contained shall prevent the city from taking such other lawful action, including, but not limited to, resort to equitable action, as is necessary to prevent or remedy any violation.

3.4.11.4 Prosecution under previous zoning regulations. Any violation which occurred prior to, or was pending at the time of, the effective date of these regulations may continue to be prosecuted under the regulations which were in effect at the time the violation occurred.

The planning board, or staff with concurrence of the department director with jurisdiction over the waiver request, in cases of waivers of 15 percent or less, may grant a waiver from the applicability of specific terms of these land development regulations when such waiver will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. Such waiver shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such waiver shall not be granted by the planning board or staff unless and until:

(a)

A written application for a waiver is submitted to the planning board demonstrating:

(1)

That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements;

(2)

That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions;

(3)

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

(b)

A public hearing on the proposed waiver shall be held by the planning board for waivers greater than 15 percent after due public notice and written notice to adjacent property owners. The costs of holding hearings and of sending notices shall be paid by the applicant upon the filing of such written application. The public hearing may be held prior to or simultaneously with the public hearing for consideration of the development plan.

(c)

The planning board or staff in the case of waivers of less than 15 percent shall find that the standards in subsection (a) have been satisfied, and that the waiver being granted is the minimum waiver required in order to make possible the reasonable use of the land, buildings, and other improvements.

(d)

The planning board or staff in the case of waivers of less than 15 percent shall further find that the granting of the waiver would be consistent with the comprehensive plan and in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public.

(e)

In granting any waiver, the planning board or staff in the case of waivers of less than 15 percent may prescribe appropriate conditions and safeguards to ensure that the purposes of these regulations are carried out, and to ensure that the waiver granted is the minimum necessary to allow reasonable use of the land and improvements.

(f)

Appeal to the city commission. Following the timely filing of a request for review, a public hearing shall be held by the city commission, and following such hearing, the city commission may either affirm, modify or reverse the planning board decision as to waivers. The decision of the city commission shall be considered final administrative action and shall be subject to review based only upon the record established at the hearing before the commission. Failure to first appeal a decision shall preclude any review by the circuit court.

(Ord. No. 1204-95, § 10, 12-5-95)

Editor's note— Ord. No. 1204, § 11, adopted Dec. 5, 1995, provided that § 3.4.13, Community redevelopment agency, be stricken from this division. Formerly, such section was derived from Ord. No. 1173-94, § 5, adopted June 7, 1994.