A.

Creation, appointment and organization. The Board of Adjustment is hereby created. Said Board shall be appointed annually for a term of one year and shall consist of five members, none of whom shall be elected officials or city employees and one of whom shall be designated by the City Commission as a Chairman. All appointments to the Board of Adjustment shall be made by the City Commission, and there shall also be appointed two alternates.

B.

Powers and duties.

(1)

The Board of Adjustment shall exercise the following powers, none of which requires the amendment of this code, but all of which require public notice and public hearing as set forth in this article.

(a)

Administrative review. To hear and decide appeals where it is alleged there is an error in the decision or interpretation of any administrative official in the enforcement of this code.

(b)

Variances. To authorize, upon appeal, such variances from the terms of the regulations of this code as will not be contrary to the public interest where, owing to a special condition, the literal enforcement of the provisions thereof would result in unnecessary hardship so that the spirit of the regulations or restrictions shall be observed and substantial justice done subject to the standards specified in this code.

(c)

Conditional uses. To authorize conditional uses for specified use in a land use district when a petitioner has filed an application with the city and has complied with the prerequisites and standards specified herein and subject to such conditions as the Board of Adjustment may deem necessary for the public interest and welfare.

(d)

Nonconforming uses. To grant permission to allow a less nonconforming use or structure in place of an existing nonconforming use or structure in accordance with § 102-53 of this code when it is clearly for the general welfare.

(2)

Interpretation or grievance. Any official of the city or other person who has an alleged grievance regarding a matter of planning or land use may apply by written appeal to this Board. Where there is some disagreement as to the proper interpretation of this code, this Board is authorized to make such interpretation as may be required to gain an equitable solution, and the Board shall be held to be the final authority on all such interpretations of wording or intent of this code and the Land Use Map.

(3)

Amendments to code. The Board of Adjustment may recommend to the City Commission any amendments to the code which appear desirable to it, stating the reasons for its opinion.

(4)

Reversal, affirmation or modification of administrative decisions. In exercising the above powers, the Board may reverse, affirm or modify any order, requirement, decision or determination by any administrative official charged with the enforcement of the provisions of this code.

(5)

Special Requirements. The Board of Adjustment may prescribe special requirements, conditions or safeguards it deems necessary for the health, safety, convenience and general welfare of the people, provided that the appeal decision, the grant of a variance or the grant of a conditional use shall not be valid until after such requirements, conditions or safeguards are entirely implemented by the petitioners.

(Amended 6-22-2015 by Ord. No. 2015-09, § 6; amended 6-20-2022 by Ord. No. 2022-05, §§ 1—6)

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II). The Land Use Map is on file and available for inspection in the office of the City Clerk.

An appeal or application to the Board of Adjustment stays all proceedings in the furtherance of the action appealed from, unless the designated official certifies to the Board of Adjustment that a stay would cause imminent peril to life or property. In this case, proceedings shall not be stayed otherwise than by restraining order which may be granted by a court of record.

A.

The Board of Adjustment shall grant no variance, unless all of the following conditions exist:

(1)

The special circumstances or conditions applying to the structure or premises in question are peculiar to such structure or premises and do not apply generally to other structures or premises in the vicinity.

(2)

The granting of the application is necessary for the preservation and enjoyment of a property right and does not serve merely as a convenience for the applicant.

(3)

The relief or variance sought did not result from an action by the applicant or with prior knowledge or approval of the applicant.

(4)

The variance sought shall not substantially impair the purpose or intent of this code and shall not be a detriment to public welfare.

B.

Reasonable safeguards and conditions may be imposed by the Board of Adjustment, including the following:

(1)

Site plans clearly showing the circumstances requiring the variance and the proposed remedy for the hardship.

(2)

Special requirements of lighting, drainage, setbacks, screening and parking.

(3)

A reasonable time for compliance of conditions and safeguards, but a variance permit shall expire six calendar months after granting of such variance unless all conditions and safeguards are met within such time.

C.

An adjustment to the FAR and ISR standards of this code may be granted by the Board of Adjustment in accordance with the provisions of this subsection. An adjustment under this subsection will 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 these rules 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 result from the actions of the applicant, resulting in 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 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 these regulations.

(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 these regulations to other lands, buildings or structures in the same land use classifications.

(8)

The adjustment, if allowed, shall not constitute an amendment to the city's Comprehensive Plan, land development regulations or to the Countywide Comprehensive Plan.

(9)

An amendment to another land use category under the city and the 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.

(Amended 10-19-1992 by Ord. No. 92-9; amended 6-22-2015 by Ord. No. 2015-13, § 1; amended 6-20-2022 by Ord. No. 2022-05, §§ 7, 8)

A.

The Board of Adjustment shall have the power to authorize conditional uses in a land use category when the applicant has filed an application for such usage with the city and has complied with the standards specified herein; and such usage shall be in harmony with the general purpose and intent of the policies of the Belleair Bluffs Comprehensive Plan and this code and in accordance with the specific rules contained herein.

B.

In determining whether or not an application for a conditional use should be approved, the Board of Adjustment shall review such application against the following standards:

(1)

The requested use is compatible with the existing natural environment of the site and with properties in the neighborhood, as is further reflected in the Land Use Plan applicable within the city limits.

(2)

There is adequate provision for water supply and for sanitary sewers and sewerage treatment.

(3)

There is adequate provision for public facilities, such as schools, parks and utilities, within the service areas involved; and the proposed use can be accommodated by existing and/or proposed facilities.

(4)

There is adequate provision for traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.

(5)

There are adequate provisions for drainage systems to service the use, with particular attention given to the necessity for on-site retention systems to alleviate drainage and pollution problems.

(6)

There are adequate setbacks, buffering and general amenities in controlling adverse effects of noise, lights, dust, fumes and other nuisances.

(7)

The land area for the proposed use is sufficient, appropriate and adequate for the use and its reasonable anticipated operation and expansion thereof.

(8)

The use is compatible with the desired growth and land use patterns reflected in the Belleair Bluffs Land Use Plan or other planning documents.

(9)

There is reasonable need for such facilities at the site under consideration and on a citywide basis.

(10)

The proposed use will comply with all appropriate regulations for the district in which it is located and the policies of the comprehensive plan that apply to that district.

(11)

The proposed use will not adversely affect the health and safety of the public and the workers and residents in the area and will not be detrimental to the use or development of adjacent properties or of the general neighborhood.

(12)

The proposed use will comply with other policies and special standards which are designated elsewhere in the Belleair Bluffs Comprehensive Plan and this code, which standards and policies will be supplemental to those set forth herein.

C.

A conditional use granted under the provisions of this code shall automatically lapse if building construction, in accordance with the plans for which the conditional use was granted, has not been initiated within 12 months of the date of the granting of such conditional use by the Board of Adjustment or, if judicial proceedings to review the Board of Adjustment's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals.

D.

In the event that all conditions and safeguards imposed upon the conditional use have not been fully complied with within 12 months of the initiation of construction incident to the conditional use, said conditional use shall lapse. The Board of Adjustment may grant extensions to both the required initiation of construction and compliance with condition time periods set forth above upon application prior to the date that such conditional use will lapse. Such extension shall be granted only upon good cause being shown to the Board of Adjustment and shall be for the shortest possible period of time consistent with the facts associated with the particular request. In situations where no construction activities are involved in the granting of the conditional use, the twelve-month time period will commence as of the date of the granting of such conditional use.

E.

The conditions and safeguards imposed shall include all of the following:

(1)

Parking requirements, as set forth in this code.

(2)

Final site plan, as required.

(3)

Reasonable hours of operation, to be determined by the Board of Adjustment.

(4)

Such additional reasonable safeguards as the Board of Adjustment deems necessary for the protection of the surrounding property and the general welfare.

F.

Procedure.

(1)

All applications before the Board of Adjustment shall be signed by the owner of the property or by an agent designated in writing by the owner of the property and such application, however executed, shall be binding upon the owner of the property.

(2)

All applications before the Board of Adjustment shall include the names and addresses of all property owners within 400 feet of the perimeter of the property in question, and all of said property owners shall be notified by the City Clerk of the pendency of the application before the Board of Adjustment, said notice to be served on the property owners by certified mail, the expense of which shall be borne by the applicant in addition to the required fee for the application.

(3)

All applications for variances or conditional uses before the Board of Adjustment shall be filed in the required form and shall have attached thereto the appropriate fee to cover administrative expenses and any cost of publication. The appropriate fees shall be established by the resolution of the City Commission.

(4)

The Board of Adjustment shall adopt such rules of procedure as it may deem necessary and appropriate, and such rules shall be furnished to each applicant at the time of filing his application.

(Amended 11-15-2004 by Ord. No. 2004-08, § 1; amended 6-20-2022 by Ord. No. 2022-05, §§ 9—14)

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

Requests for changes of land use variances, conditional uses and appeals of rulings shall be made upon applicable forms that shall be provided by the city. No new application for an identical request upon the same parcel, lot or tract shall be accepted for consideration within a period of six months of any decision of denial.

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).