The planning and zoning board, as established in section 2-21 et seq., shall consider any appeals which may be taken from actions or ruling of the city building official, and such appeals may be made by any person, or by any officer, department, board or bureau affected. The planning and zoning board is empowered to act within the provisions set forth in section 2-21 et seq.

(Ord. No. 96-549, § 1(art. VI, § I(A)), 2-16-96)

(a)

Submission of appeal or variance request; fee. Any request for a variance from zoning regulations or an appeal from a ruling of the city building official must be in writing, addressed to the planning and zoning board, and must be accompanied by a fee as established by the city to cover legal or other proper expenses incurred in advertising or otherwise preparing for the hearing.

(b)

Notice of hearings. Due public notice of planning and zoning board hearings shall be given as provided in section 114-76.

(Ord. No. 96-549, § 1(art. VI, § I(B)), 2-16-96; Ord. No. 2001-586, § 1A, 6-28-01)

(a)

This division shall govern amendments to the text of this chapter and amendments to the city zoning map (rezones).

(b)

The zoning regulations imposed and the districts created by this chapter may hereafter be amended by the city commission. The provisions of this division shall apply to and provide procedures for amendment of this chapter. The procedures provided in this division shall be supplementary to other procedures otherwise provided in this chapter or by general law.

(Ord. No. 96-549, § 1(5.00.00), 2-16-96)

(a)

Filing of petition; fee. Any person desiring to apply for a change in the zoning regulations for districts provided for in this chapter shall file a petition with the city, on forms provided by the city. The petitioner shall indicate the nature of the change desired and shall pay a fee established by the city to cover expenses incurred and the proper notification and conduct of the public hearings involved.

(b)

Supporting data. Whenever any petition is pending under this division for amendment of this chapter, the city may require such supporting data as is necessary for a proper decision on the petition, if such data is necessary to better enable the planning and zoning board and city commission to make determinations concerning ownership of land, or its location, area, dimensions or elevation in relation to easements, bodies of water, public ways, and neighboring lands and uses. Supporting data may include but shall not be limited to evidence of ownership and surveys. Evidence of ownership may be established by an appropriate certificate from a qualified title company, an opinion of title from an attorney authorized to practice in the state, a title insurance policy or report, or other reliable evidence of ownership. Such evidence of ownership shall be current no later than 30 days prior to the petition being filed with the city. Surveys shall be certified by a registered Florida surveyor. All such data shall be furnished at the expense of the petitioner. The planning and zoning board and city commission may, but shall not be required to, rely upon the information provided by such supporting data. Should the city commission approve a petition based upon inaccurate, misleading or fraudulent data filed by the petitioner, the city commission may, upon its own motion, return the subject property to its state that existed prior to the subject petition being filed.

(Ord. No. 96-549, § 1(5.01.00), 2-16-96)

(a)

Upon proper completion of the petition required under this division, the planning and zoning board shall hold a public hearing on the petition following public notice in the manner provided for in section 114-76. The public hearing shall be held not more than 30 days after receipt of a complete petition. The petitioner or a representative of the petitioner shall appear at such public hearing, and, if neither petitioner nor any representative of the petitioner appears at such public hearing, the petition shall be deemed withdrawn; provided, however, that, for good cause shown in writing, the petitioner may request a continuation of the public hearing to enable the petitioner or its representative to attend. The planning and zoning board may continue any such public hearing from time to time, in its discretion, until such public hearing is declared closed by the planning and zoning board.

(b)

Upon completion of the public hearing before the planning and zoning board, the planning and zoning board shall consider the application of the petitioner, the presentation and comments presented to it at the public hearing, and this chapter and other pertinent city ordinances in reaching its decision. The planning and zoning board may thereafter recommend to the city commission approval of the petition, denial of the petition, or approval of the petition with conditions.

(Ord. No. 96-549, § 1(5.02.00), 2-16-96)

(a)

Within 30 days after completion of the planning and zoning board hearing, the city commission shall hold a public hearing on the petition. The hearing shall be a public hearing following public notice in the manner provided for in this division. The public hearing shall be held not more than 30 days after completion of the planning and zoning board hearing. The petitioner or a representative of the petitioner shall appear at such public hearings, and, if neither petitioner nor any representative of the petitioner shall appear at such public hearings, the petition shall be deemed withdrawn from consideration; provided, however, that, for good cause shown in writing, the petitioner may request a continuation of the public hearing to enable the petitioner or its representative to attend. The city commission may continue any such public hearing from time to time, in its discretion, until such public hearing is declared closed by the city commission.

(b)

The public hearings held before the city commission shall be held in accordance with rules and procedures which may be adopted by the city commission. The city commission shall hear the petition and comments offered to it at the public hearing or in writing in making its decision upon the petition. After public comment has been offered to the city commission, and the city commission has closed that portion of the hearing to public comment, the city commission shall consider the recommendation of the planning and zoning board, the petition to rezone, and the testimony and comments offered to it at the public hearing in reaching its decision. The city commission shall thereafter make its decision upon the petition and approve the petition, deny the petition, or approve the petition with conditions.

(c)

Criteria for amending the zoning district regulations found in this chapter shall be those as stated in the general purposes and objectives and goals set forth in section 114-1 and article V of this chapter, along with the goals, objectives and policies stated in the comprehensive plan adopted by the city, the character of the community, and the general health, safety and welfare of the residents of the city. No amendment or change in the regulations shall be adopted if such adoption results in a violation of the standards and criteria of this chapter or the comprehensive plan.

(Ord. No. 96-549, § 1(5.03.00), 2-16-96)

All petitions to amend the regulations for zoning districts of this chapter shall be subject to a hearing by the planning and zoning board in order to allow the planning and zoning board to recommend to the city commission approval of the petition, approval of the petition with conditions, or denial of the petition.

(Ord. No. 96-549, § 1(5.04.00), 2-16-96)

The planning and zoning board hearings required by this chapter shall be noticed in the following way:

(1)

Publication and contents of newspaper advertisement. Any planning and zoning board hearings required by this chapter shall be advertised at least ten days prior to the scheduled planning and zoning board hearing in a newspaper of general circulation within the city. The notice of the hearing shall state the date, time, and place of the hearing; the title of the proposed ordinance, if applicable; a brief summary of the purpose of the hearing if not to consider a proposed ordinance; and the places within the city where the city file pertaining to the matter may be inspected by the public. The notice shall advise that interested parties may appear at the hearing and be heard with respect to the issues.

(2)

Size and placement of newspaper advertisement. The required advertisement shall be published in that portion of the newspaper where legal notices and classified advertisements appear.

(3)

Mailed notice.

a.

The planning and zoning hearing shall be noticed to those property owners within 350 feet of any portion of the subject property by mailing a notice at least 30 days prior to the scheduled hearing. The notice shall contain the applicant's name, the address of the affected property, a summary of the proposed action, and the hearing date, time, and place. The notice shall contain information indicating how the recipient may get additional information and that the recipient may attend and be heard.

b.

1.

Mailed notice shall be by a certificate of mailing. The applicant shall be responsible for proper mailing as required herein. The applicant shall place a copy of the notice of the application and all required information in an envelope. The applicant shall address the envelope to the persons entitled to notice by using the current mailing address for the affected property owners on file with the Manatee County Property Appraiser. The applicant shall affix adequate postage and place the sealed envelope in the United States mail.

2.

The applicant shall file the certificate of mailing with the city clerk.

3.

Posting. No later than ten days prior to the hearing, the applicant shall post the property with a sign of no less than two feet by two feet in size. The sign shall contain a brief description of the proposed action, the date, time and place of the hearing, and a telephone number at City Hall, where interested persons may call for additional information. The sign shall be posted where it is easily readable from the public right-of-way. If a property fronts on more than one right-of-way, a sign shall be posted on each right-of-way.

(Ord. No. 96-549, § 1(5.04.01), 2-16-96; Ord. No. 2001-586, § 1B, 6-28-01; Ord. No. 09-701, § 2, 6-25-09)

(a)

Rezone and text amendments.

(1)

City commission hearings in which changes to the zoning map of the City (rezones) or text changes to the Land Development Code, shall be governed by the notice requirements set forth in Section 166.041, F.S., or any successor statute in effect at the time of the hearing.

(2)

Posting of signs. In addition to statutory notice requirements, where there is property subject to a petition for rezoning containing less than ten contiguous acres, the city shall place or cause to be placed a readily visible sign at least four square feet in size on the property proposed to be rezoned, indicating the intent to rezone. The sign shall be placed so as to provide the widest and best public notice, and more than one sign may be necessary if such action will lead to greater dissemination of notice. The sign shall state the time and place of the hearing and a brief description of the nature of the matter to be discussed. The notice shall also provide a telephone number for interested parties to ask for or receive additional information. Such signs shall be posted no less than ten days prior to the scheduled public hearing on the rezoning.

(3)

Mailed notice. Owners of property located within 350 feet of any portion of property being considered for rezoning shall receive mailed notice of the proposed rezoning. The notice shall contain the time and place of the hearing and a brief description of the matter to be discussed. The notice shall contain a telephone number for additional information and the address where the file may be inspected. The notice shall be mailed by First Class mail to the owners' address as shown on the ad valorem tax records of the Manatee County Property Appraiser's office no later than 30 days before the hearing.

(4)

City shall prepare the notice form. The applicant shall place the notice form into properly addressed and posted envelopes to the clerk. The clerk shall cause the envelopes to be mailed timely. The applicant shall provide to the city a copy of the mailing list provided by the property appraiser's office.

(b)

Other required public hearings. Other required public hearings before the city commission shall be noticed by publishing an advertisement in a newspaper of general circulation within the city at least ten days prior to the scheduled public hearing. The required advertisement shall be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice of the hearing shall state the date, time, and place of the hearing; the title of the proposed ordinance, if applicable; a brief summary of the purpose of the hearing if not to consider a proposed ordinance; and the places within the city where the city file pertaining to the matter may be inspected by the public. The notice shall advise that interested parties may appear at the hearing and be heard with respect to the issues.

(Ord. No. 96-549, § 1(5.04.02), 2-16-96; Ord. No. 2001-586, § 2A, 6-28-01)

(a)

Should a defect in any required notice be discovered prior to a required hearing on the application, the hearing shall be postponed for a sufficient amount of time needed to cure the defect. If a portion of the required notice was defective and the remainder of the notice was successful, only the defective notice need be repeated if the hearing is postponed to a time and date certain announced at the scheduled meeting on the application. If a time and date cannot be stated with certainty at the meeting, then all notice shall be repeated.

The hearing need not be postponed because of a defect in notice if all those persons entitled to notice but who received a defective notice or no notice, state on the record, personally or by affidavit, that they are waiving any objection to the defective notice.

(b)

For those cases where the defective notice is discovered after final action on an application has been taken, any person may object to the final action by filing with the city clerk a writing asking for the action to be held in abeyance until proper notice can be made and the application reheard. The writing must be filed with the city clerk within 30 calendar days of the final action. If the 30th day is on a weekend, holiday, or other day where City Hall is not open for business, the writing must be filed by the close of the first business day after the 30th day.

(Ord. No. 2001-586, § 3A, 6-28-01)

In the case of changes in zoning districts or regulations which may be proposed by the planning and zoning board or the city commission, the procedures set out in this division for consideration and adoption of such proposed changes shall apply, except that the expenses involved shall be assumed by the city.

(Ord. No. 96-549, § 1(5.04.03), 2-16-96; Ord. No. 2001-586, § 3A, 6-28-01)

(a)

If the owners of more than 20 percent (determined by area) of lands proposed to be rezoned by the city pursuant to this division shall object to the proposed rezoning in writing filed with the city clerk prior to the close of the scheduled public hearing before the planning and zoning board on the matter, then the proposed rezoning ordinance shall not be deemed to be passed or adopted except by affirmative vote of four-fifths of the entire city commission.

(b)

If the owners of more than 20 percent (determined by area) of lands lying within 300 feet of the property proposed to be rezoned pursuant to this article shall object to the proposed rezoning in writing filed with the city clerk prior to the close of regular city hall office hours on the fifth calendar day after the close of the public hearing before the planning and zoning board, then any proposed rezoning ordinance shall not be deemed to be passed or adopted except by affirmative vote of four-fifths of the entire city commission. Failure of the proposed ordinance to receive such approval shall be deemed denial of the petition.

(Ord. No. 96-549, § 1(5.04.04), 2-16-96; Ord. No. 2001-586, § 3A, 6-28-01)

Property owners shall not be entitled to rely upon any informal or formal planning and zoning board or city commission action relative to the rezoning of any property until such time as the rezoning ordinance or the resolution denying an application for rezoning has been approved by the city commission.

(Ord. No. 96-549, § 1(5.04.05), 2-16-96; Ord. No. 2001-586, § 3A, 6-28-01)

(a)

Generally. At any time prior to action by the city commission to deny or grant a private petition to rezone property under this division, the petitioner may amend the petition by deleting any portion of the land from such request, or the petitioner may withdraw such petition in its entirety.

(b)

Reapplication following withdrawal. If a petitioner withdraws the petition in its entirety, then no private petition to rezone the property subject to the withdrawn petition may be submitted within the six-month period next following the petitioner's withdrawal of a petition in its entirety.

(c)

Deletion of lands. If lands are deleted, then this article shall be applied only with respect to the lands remaining subject to such petition for purposes of determining owners and lands lying within 300 feet of such lands for which rezoning is sought. No other amendment shall be permitted.

(Ord. No. 96-549, § 1(5.04.06), 2-16-96; Ord. No. 2001-586, § 3A, 6-28-01)

(a)

The planning and zoning board may recommend to the city commission approval of a variance from the strict application of any provision of this chapter.

(b)

Pursuant to the provisions of this section, any person desiring to undertake a development activity not in conformance with this chapter may apply for a variance in conjunction with the application for a development permit and submission of a development plan for review by the city.

(c)

The city commission is authorized to approve by resolution administratively established fees necessary for processing this section.

(Ord. No. 96-549, § 1(7.01.01), 2-16-96; Ord. No. 05-638, § 3, 4-28-05)

(a)

No variance shall be granted for a use in a district in which such use is not generally, or by special exception, permitted by this chapter.

(b)

No variance shall be granted to density limitations.

(c)

Any variance granted from the provisions of this chapter shall be contingent upon taking out a building permit to effectuate the variance within 180 days following the granting of the variance; otherwise it shall be invalid.

(d)

There shall be no deviation from any variance approved by the city commission.

(Ord. No. 96-549, § 1(7.01.02), 2-16-96)

The planning and zoning board shall not recommend approval, nor shall the city commission approve a variance, unless the applicant shows by substantial competent evidence that it is entitled to a variance based on each of the following criteria:

(1)

There are substantial practical difficulties and hardships in carrying out the strict letter of the regulation, and these difficulties and hardships are due to existing special conditions and unique circumstances which are peculiar to the specific property involved and which are not generally applicable to other properties or structures in the same district;

(2)

The condition giving rise to the requested variance is due to unique circumstances not created by the applicant or any person presently having an interest in the property;

(3)

The variance request is not based exclusively upon a desire to reduce the cost of developing the site;

(4)

The proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazard to the public;

(5)

The proposed variance will not substantially diminish property values in, or alter the essential character of, the area surrounding the site;

(6)

The variance request is not based on the presence of nonconformities in the district or adjoining districts;

(7)

The proposed variance is the minimum modification of the regulation at issue that will afford viable relief; and

(8)

The effect of the proposed variance is in harmony with the general intent of the comprehensive plan, this chapter, and the specific intent of the subject area of the provision.

(Ord. No. 96-549, § 1(7.01.03), 2-16-96)

The planning and zoning board may, in recommending approval of the variance, or the city commission may, in approving a variance, impose such conditions and restrictions upon the premises benefitting from the variance as may be reasonably necessary to allow a positive finding to be made on any of the factors listed in section 114-103, or to minimize the injurious effect of the variance.

(Ord. No. 96-549, § 1(7.01.04), 2-16-96)