The Charter establishes a board of adjustment to be appointed by the city council. Such board of adjustment shall consist of seven members to be appointed from among the qualified voters of the city for terms of three years. Members of the board of adjustment shall hold no other city office.

(Ord. No. 98-16, § 5(27-20(a)), 2-1-1999)

(a)

The board of adjustment shall adopt rules of procedure for the conduct of its meetings. The board of adjustment may grant allowable variances to the provisions of this chapter and any other construction or building ordinances in harmony with the board of adjustment's general purposes and intent. A variance granted by the board of adjustment shall be consistent with the public interest, when owing to a special condition and literal enforcement of the provisions of this chapter will not result in an unnecessary and undue hardship to the applicant, and the special condition or unique circumstance will not result from the intentional act of the applicant or the applicant's agent. In order to authorize any variance from the provisions of this chapter, the board of adjustment shall find that the applicant:

(1)

Demonstrated that special conditions or unique circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other similar structures or buildings in the same zoning district.

(2)

Demonstrated that the variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure.

(3)

Demonstrated that granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter.

(4)

Demonstrated that the variance requested does not change the use of the property from the use characteristics mandated for districts I and II in sections 30-51 and 94-252 and article IV, division 3 of this chapter.

(5)

Will comply fully with additional conditions and safeguards, which the board of adjustment may prescribe, including, but not limited to, reasonable time limits within which the action for which a variance is required shall commence and/or be completed.

(6)

Demonstrated that the variance requested does not violate any provision and requirements set forth in chapter 62 and chapter 74 of the city code.

(7)

Such variance is not in conflict with the City of Belleair Beach Strategic Plan.

(b)

To hear and decide an appeal from an administrative decision or order made by a city official where there is alleged to be an error in the order or decision in the enforcement of this article.

(c)

The city manager shall receive and process each appeal to the board from an administrative decision of the city official. During the processing and hearing of the appeal, all work being performed on the premises shall be suspended until final disposition of the appeal, unless the property owner upon whom the decision or order is being enforced certifies in writing to the board that, based on the facts and circumstances of the decision or order, imminent peril or damage to life or property would result from a suspension of the decision or order. In such case, the work being performed shall not be suspended, pending review by the board; provided, however, if the board upholds the decision or order of the city official, all work performed on the premises may be subject to removal at the expense of the property owner. The burden of proof shall be on the applicant to establish by the preponderance of the evidence that the decision or order of the official was wrong as a matter of law and circumstance.

(d)

A fee in the amount of $500.00 shall be charged for each variance application filed with the city, and a fee of $500.00 shall be charged for each appeal application. In addition to the administrative fee to be charged, each variance applicant shall deposit the sum of $500.00 with the city for the special magistrate's hearing fees. A maximum of three variance requests for one property from the regulations for this chapter or other construction ordinances may be included in a single application at such fee. Fifty percent of the fee paid for a variance or appeal application may be refunded if written notice signed by the property owner withdrawing the request is received no later than the Thursday following the application deadline at 12:00 noon. The city manager shall approve all withdrawals as valid before the refund may be issued.

(e)

The city council may amend or change fees associated with filing an application for a variance or an appeal of an administrative decision of the city staff to the board by resolution.

(f)

The board shall comply with those standards and procedures as may be established by the city council to hear and determine special exceptions, appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land, and such other matters as may be required by the council or by law.

(g)

The orders, decrees and findings of the board of adjustment shall be enforced only by the city building official or the city code enforcement officer, as appropriate.

(Ord. No. 94-14, § 1(27-20(b)), 9-7-1994; Ord. No. 94-20, § 1(27-20), 1-3-1995; Ord. No. 03-05, § 1, 5-5-2003; Ord. No. 05-01, § 23, 4-12-2005; Ord. No. 05-03, § 1, 5-2-2005; Ord. No. 05-17, § 1, 1-9-2006; Ord. No. 11-07, § 1, 10-3-2011; Ord. No. 14-09, § 5, 9-8-2014; Res. No. 2018-14, §§ 1, 2, 8-6-2018; Ord. No. 22-01, § 6, 6-6-2022)

Variance requests shall be routed to the board of adjustment through the building inspector and the city clerk who shall certify to the board of adjustment that the fee has been paid for such variance request.

(Ord. No. 94-14, § 1(27-20(c)), 9-7-1994)

All variances shall be considered by the board of adjustment only at a duly called public hearing convened in accordance with rules adopted by the board of adjustment for naming a time and place for its meeting. A public hearing notice shall be published in a local daily newspaper at least 15 days prior to the scheduled hearing, and shall be posted in a conspicuous place on or around such lot, parcel or tract of land as may be involved in, or directly affected by, the hearing. The board of adjustment shall post notice to the public, as well as to the parties of interest, of its meetings at least 48 hours in advance of such meetings.

(Ord. No. 94-14, § 1(27-20(d)), 9-7-1994)

(a)

Any variance on which construction has not begun within six months of the granting date of such variance shall be invalid. Any variance on which construction has begun, but has not been completed, shall be extended to the extent that the completion date is extended by the building inspector pursuant to section 10-33(a).

(b)

A request for a new variance shall be made if no constructions has been started within the time limit prior to the issuance of a new permit as provided in section 10-33(b).

(c)

Any variance granted for a nonstructure shall not expire.

(Ord. No. 94-14, § 1(27-20(e)), 9-7-1994)

The board of adjustment may refer any variance requests to the city planning board for its recommendations, but, shall not be bound to honor such recommendations.

(Ord. No. 94-14, § 1(27-20(f)), 9-7-1994)

Editor's note— Section 24 of Ord. No. 05-01, adopted April 12, 2005, repealed § 94-67, which pertained to review by city council of affirmative vote of the board of adjustment actions, and derived from Ord. No. 94-14, adopted Sept. 7, 1994.

An adjustment from the FAR and ISR standards of this chapter may be granted in accordance with the provisions of this section. An adjustment under this section shall only be allowed or granted by the board of adjustment when substantial competent evidence in the official record of the hearing supports all of the following findings:

(1)

A literal interpretation of the provisions of the FAR and ISR standards of this chapter will deprive the applicant of rights commonly enjoyed by other properties in the same future land use category, and will work unnecessary and undue hardship on the applicant.

(2)

The alleged hardship is unique and singular with regard to the property for which the variance is sought, and is not that suffered in common with other property similarly located.

(3)

The alleged hardship is not self-imposed by the applicant, and the situation sought to be relieved by the adjustment does not result from an illegal act or the actions of the applicant, resulting in a self-imposed hardship.

(4)

The adjustment, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by the allowance of the adjustment.

(5)

The adjustment, if allowed, will be in harmony with, serves the general intent and purpose of, and is consistent with the countywide future land use plan and rules, the city's comprehensive plan and this chapter.

(6)

The adjustment, if allowed, will be the minimum adjustment that will make possible the reasonable use of the land, building or structure.

(7)

The adjustment, if allowed, will not confer on the applicant any special privilege that is denied by the countywide future land use plan and rules, the city's comprehensive plan or this chapter, to other lands, buildings or structures in the same land use classification.

(8)

The adjustment, if allowed, shall not constitute an amendment to the city's comprehensive plan, land development regulations or the countywide comprehensive plan.

(9)

An amendment to another land use category under the city and countywide future land use plan has been considered by the applicant and the city, and it has been determined that such an amendment would not meet the objective of the adjustment and would not be appropriate.

(Ord. No. 94-14, § 1(27-20(h)), 9-7-1994)

(a)

Purpose. The purpose of this section is to improve the appearance, environment, character and value of the total residential area within the city by protecting, promoting, maintaining landscaping on private property in a manner which reduces runoff and enhances the overall appearance of the city. For the purpose of this section, "landscaping" shall mean any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape materials (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

(b)

Implementation. Implementation of landscaping requirements reduces water consumption, reduces stormwater runoff, reduces impervious surface areas, and enhances the aesthetic appearance and value of the city, thereby promoting the public health and general welfare. Water conservation shall be achieved by the selection of appropriate plant materials, the removal of nuisance and invasive vegetation, the use of water-efficient landscaping and irrigation systems, and appropriate maintenance. For purposes of determining plant species to remove, refer to the most current edition of the Department of Agriculture and Consumer Services "Noxious Weeds" rule, Chapter 5B-57, FAC.

(c)

Single-family structures and multiple-family structures. Required front yards and required side yards abutting public streets shall be maintained in a permeable landscaped design, with the exception of necessary driveways, walks, patios and similar paved areas, which shall not exceed 25 percent of the required yard area for corner lots and 45 percent of the required yard area for inside lots. Facilities constructed to achieve compliance with the Americans with Disabilities Act (ADA) requirements shall be exempt from this calculation. Artificial turf shall not be permitted on any front or side yards abutting any public street.

(d)

Land coverings. All landscaping areas must be covered with shrubs, ground cover, turf, three inches of organic mulch or other permitted materials which permits percolation. Where mulch is used it must be protected from washing out of the planting bed. Except for semi-permeable landscape fabric plastic sheet shall not be installed under mulch, stone or gravel.

(e)

Trees. Trees which are balled and burlapped must have the burlap removed or folded down at the time of planting. All twine or rope must be removed. If wire baskets are used, the upper rows must be cut before planting. If stakes or guy wires are used to support a tree, the wires must be covered with a protective material where it is in contact with the tree and the stakes or guy wires must be removed after one year.

(f)

Signage and utilities. Landscaping shall be installed in a manner which minimizes conflicts between the landscaping and signage and utilities.

(g)

Parking. No parking or display of vehicles is permitted in or over any required landscaping area, nor are vehicles permitted to overhang any required landscaped area.

(h)

Traffic hazards. To minimize traffic hazards at street or driveway intersections, all landscaping installations must provide an unobstructed view to adjacent property owners or the motoring public.

(i)

Duty to maintain landscaping. The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds. Dead, declining, and diseased plant material shall be removed or replaced except that declining or diseased plants may instead be restored to health within 30 days. Maintenance of the landscaping is the responsibility of the property owner and tenant, and the property owner and tenant shall take all reasonable steps to prevent any landscaping, including hedges and trees, from encroaching on or otherwise affecting any neighboring properties.

(j)

Unobstructed passage. All landscaping near public sidewalks must be maintained to allow unobstructed passage of pedestrians.

(k)

Ground cover, rights-of-way. Permeable portions within the adjoining rights-of-way shall be maintained in accordance with this section. Where landscaping material is used in the right-of-way within four feet of the curb or road edge, the planting, excluding sod, shall not exceed 30 inches in height above the top of the adjacent curb, or if there is no curb, the road bed, provided that the landscaping material does not result in a hazard or impairment to public vehicular or pedestrian traffic, except as otherwise provided for in sections 22-34(b) and 50-1 of the City Code.

(l)

Mulch. The intention of these regulations is to allow mulch with a landscaping design while not allowing the entire yard to only be covered with mulch.

(1)

Installation standards. When used in lieu of other landscaping materials, organic mulch shall be placed to a minimum depth of three inches. The top level of the mulch shall not exceed the height of the immediately adjacent ground surface.

(2)

Limits on installation in rights-of-way. Organic mulch may be used in permeable areas of the right-of-way to keep moisture in the soil while other forms of approved ground cover plant material are maturing. Mulch is prohibited within four feet of the curb or road edge if there is no curb. Mulch in the right-of-way must be contained within borders sufficient to prevent flotation of mulch into the roadway.

(m)

Irrigation, existing residential properties. A permanent irrigation system is not required for existing residential properties; however, where one is installed, it shall be designed to avoid runoff, overspray or other similar conditions where water flows onto or over adjacent property, nonirrigation areas, walkways, roadways or structures. Irrigation systems shall be maintained so there are no broken irrigation heads or leaks.

(Ord. No. 02-09, § 1, 7-29-2002; Ord. No. 12-01, § 1, 5-7-2012; Ord. No. 18-11, § 3, 12-3-2018; Ord. No. 22-01, § 7, 6-6-2022)