The City Commission establishes a Planning and Zoning Board which shall consist of seven (7) members to be known as "The Daytona Beach Shores Planning and Zoning Board." The jurisdiction of the said Planning and Zoning Board shall be throughout the incorporated areas of the city.

(Ord. No. 99-02, § 2, 3-10-99; Ord. No. 2019-05,§ 2(r)(4), 6-25-19)

The functions, powers and duties of the Planning and Zoning Board shall be as follows:

1.

Acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the area concerned, statistics on past trends and present conditions with respect to the population, property values, economic base, land use, environmental impact 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 area and its various parts and necessary protection therefor.

2.

Recommend principles and policies for guiding action in the development and protection of Daytona Beach Shores.

3.

Hear requests, whether initiated by the commission or otherwise, for creation of new zoning classifications or changes or amendments in the zoning regulations or zoning classifications, or for new or different uses in any zoning classification, and to make recommendations to the City Commission concerning the same.

4.

Serve as the city's local planning agency pursuant to F.S. § 163.3174, and have all powers set forth therein.

5.

Hear and decide such special exceptions as specifically authorized under the terms of the zoning regulations; to decide such questions as are involved in the determination of when special exceptions should be granted; and to grant special exceptions with appropriate condition and safeguards or to deny special exceptions when not in harmony with the purpose and intent of this ordinance or any regulation enacted under the authority of the Land Development Code.

6.

To act as the fire code board of adjustment and appeals having the power to hear appeals of decisions and interpretations of the fire marshal and to consider alternatives to the Florida Fire Prevention Code. Such decisions shall be based on whether the alternatives or interpretations being appealed provide for relates to special situations arising from historic, geographic or unusual conditions; or if the alternative requirements result in a level of protection to life, safety or property equal to or greater than the applicable minimum fire safety standards. Decisions shall be rendered at the hearing and shall include the reasons for the decision. Such decisions shall be final, but subject to such remedy as may be available at law or in equity. All appeals granted must be exercised within six (6) months of the order or they shall be automatically deemed null and void. One six (6) month extension may be granted by the board if a written request for an extension has been submitted to the city in writing prior to the expiration of the six (6) month period.

7.

In terms of exercising its authority under the provisions of the Land Development Code, the Planning and Zoning Board shall adhere to the following:

a.

In granting any special exceptions the board shall find that such grant will not adversely affect the public interest.

b.

In granting any special exception, appropriate conditions and safeguards may be imposed which are consistent with the protection of the public health, safety, morals or general welfare. Violation of such conditions and safeguards when made a part of the development order under which a special exception is granted shall be deemed a violation of the Land Development Code.

c.

The board may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both.

d.

The following standards shall be applicable in determining whether the board shall grant or deny a special exception:

i.

The grant of a special exception shall be in harmony with the purpose and intent of the Land Development Code, particularly those applicable to the zoning classification in which the special exception is located.

ii.

The board may not grant a special exception unless the applicant has demonstrated his compliance, or ability to comply with, the conditions imposed.

iii.

The board must find that the applicant has submitted sufficient evidence to assure that he, she, they or it is or will be able to comply with all requirements of the.

iv.

The board shall find that the proposed use will not generate an undue amount of traffic congestion which would tend to create a hazard or danger to the public or to persons in the vicinity from such use, or create a public nuisance.

v.

The board shall find that the special exception will not materially alter the character of the surrounding neighborhood or adversely affect the value of surrounding lands, buildings or natural resources.

vi.

The board shall find that the special exception will not adversely affect the natural environment, natural resources or scenic beauty, or give rise of any pollution of the air, land or water, or cause unnecessarily injurious heat, noise or odor.

8.

The Planning and Zoning Board may authorize, after due public notice, the time and place of the meeting, and application upon a form prescribed by the Building Official, such variance or variances from the terms of the Land Development Code as will not be contrary to the public interest when, owning to special conditions, the literal enforcement of the provisions of the Land Development Code would result in unnecessary hardship or practical difficulty. Such variance application shall be heard only if it is presented by a person owning fifty-one (51) percent or more of the specific area of land involved or upon administrative application by the city; provided, however, that no lot coverage or maximum north-south width variance or variances may be granted from the terms of the T or RMF-1 zoning regulations:

a.

To justify any variance, the applicant must demonstrate all of the following:

i.

Special conditions or circumstances exist which are peculiar to the land, structure or building involved and which are not applicable generally to other lands, structures or buildings in the same zoning classification.

ii.

The special conditions or circumstances do not result from the actions of the applicant and are not primarily economic or financial in nature.

iii.

Literal interpretation or enforcement of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification under the terms of the Land Development Code.

iv.

The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.

v.

The variance sought will not authorize or extend any nonconforming use or other nonconformity with respect to the land or structures in question.

vi.

The granting of the variance will be in harmony with the general intent and purpose of the Land Development Code, will not be injurious to the area involved or surrounding properties and will not authorize a use of the property not permitted by its zoning classification.

vii.

The variance sought will be consistent with the city's Comprehensive Plan.

b.

In granting any variance, the Planning and Zoning Board may prescribe appropriate conditions and safeguards in conformity with of the Land Development Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of the Land Development Code.

c.

The Planning and Zoning Board may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.

d.

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

9.

The Planning and Zoning Board may hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Land Development Code.

10.

Appeals of final decisions of the Planning and Zoning Board may be made to the City Commission upon the filing of a written appeal detailing the asserted errors of the decision within thirty (30) days of the date of the rendering of the decision. Appeals shall be heard de novo.

(Ord. No. 2019-05, § 2(r)(4), 6-25-19)

1.

The board shall meet at regular intervals to be determined by it in order to carry out its responsibilities, and at such other times as the board shall determine.

2.

The affirmative vote of three (3) members shall be required to take any action as to make any recommendation to the City Commission.

(Ord. No. 2019-05, § 2(r)(4), 6-25-19)

1.

The City Commission shall adopt zoning regulations which may regulate, determine and establish the following:

a.

Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration and use of any buildings and other structures for trade, industry, residence and other purposes.

b.

Use of land and water for recreational purposes, environmental protection, trade, commercial ventures, industry, profession, residence, agriculture and other purposes.

c.

Size of yards, courts and other open spaces.

d.

Minimum width and depth of lots or parcels.

e.

Percentage of lot that may be occupied.

f.

Density of population.

g.

Conditions under which various classes of nonconformities may continue including authority to set fair and reasonable scheduling for the elimination of nonconforming uses which are adversely affecting the development, character or value of the surrounding neighborhood.

h.

Use of land and types and sizes of structures in three [these] areas subject to seasonal or periodic flooding so that danger to life and property in such areas will be minimized.

i.

Performance standards for use of property and location of all structures thereon.

j.

Environmental and ecological standards for the use of property and location of all structures thereon.

2.

The City Commission shall adopt zoning maps to establish zoning classifications in accordance with regulations established by this ordinance. The classifications shall be established based on the existing and anticipated needs, improvements and development in an area and shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area.

3.

All regulations shall be uniform throughout each zoning classification. For each zoning classification designated for the location of trades, callings, industries, commercial enterprises, residences or buildings designed for specific uses, the regulations may specify those uses that shall be excluded or subjected to reasonable requirements of a special nature. Uses permitted in one (1) zoning classification may be prohibited in other zoning classifications to the end that incompatibility of uses is minimized or eliminated.

1.

The City Commission may amend or supplement regulations and classifications fixed by this zoning ordinance after referral and recommendation of the Planning and Zoning Board, provided however that amendment or supplement of the regulations need not be referred to the Planning and Zoning Board. Proposed changes may be suggested by the City Commission, by the Planning and Zoning Board, or by petition of the owners of record of at least fifty-one (51) percent of the area involved in the proposed change. In the latter case, the petitioners shall be required to pay an application fee set by the City Commission to assume the cost of public notice and other costs incidental to the holding of public hearings. The fee may be waived where there has been error on the part of the City of Daytona Beach Shores which causes an unnecessary and undue hardship to the applicant.

2.

Petitions for change of zoning classifications shall be made at the office of the City Manager, City Hall, Daytona Beach Shores, together with such fee as may be established by the City Commission. The Planning and Zoning Board shall be responsible for determining when a petition shall be set for public hearing and shall notify the applicant of the time, place and date of such hearing at least twenty (20) days prior to such hearing. Upon receipt of a completed application form, the Planning and Zoning Board shall place such request upon the agenda of the next regularly scheduled meeting in accordance with public notice requirement.

3.

The Planning and Zoning Board, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice pursuant to section 2.2 [2-2] of the time and place of the meeting, but shall in any case, submit in writing its recommendations on the proposed change to the City Commission for official action. The report shall include the findings of fact relied on by the board, its specific recommendations and the criteria and grounds relied on in making such recommendations. A copy of such recommendations shall be furnished by mail to the applicant.

4.

The following criteria are declared to be the minimum standards to accomplish the purposes and goals of this ordinance. The Planning and Zoning Board shall consider all matters before it by application of the following criteria. In cases where the criteria are not applicable, the Planning and Zoning Board shall set forth the reasons why said criteria are not applicable and the grounds on which its determination is made.

a.

In considering each application, the planning and Zoning Board shall consider whether and the extent to which:

(1)

The proposed zoning will have a favorable or unfavorable impact on the environment and natural resources of the area affected.

(2)

The proposed zoning will have a favorable or unfavorable impact on the economy of the area affected.

(3)

The proposed zoning will efficiently use or unduly burden water, sewer, solid waste disposal or other necessary public facilities, including schools.

(4)

The proposed zoning will efficiently use or unduly burden transportation facilities.

(5)

The proposed zoning will favorable or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment.

(6)

The proposed zoning is basically consistent with the comprehensive land use plan.

b.

In addition to the aforesaid criteria, the following are the basic grounds upon which zoning matters may be considered:

(1)

Have conditions relative to the property in question and the surrounding area so changed as to require zoning classification boundaries be amended to reflect new conditions?

(2)

Was there a mistake in the original zoning of the property so that such zoning does not properly reflect the actual or developing conditions of the area?

(3)

Will the proposed change promulgate or encourage a physical benefit or have a stabilizing effect on the surrounding areas?

(4)

Would the proposed changes constitute "spot zoning"?

(a)

Is the proposed change a singling out of a small parcel of land, allowing a use totally different from that of the surrounding area, and would such use violate the integrity of the zoning classification?

(b)

Is the change solely for the benefit of the owner and to the detriment of the community?

(c)

Will the proposed change especially suit the applicant's own special purpose rather than serve the community?

(5)

Would the requested change materially diminish the value of surrounding properties or substantially alter the characteristics of the neighborhood?

c.

The Planning and Zoning Board shall also consider any additional criteria set forth by the City Commission, State of Florida or the federal government, which are applicable to the particular situation. If such criteria are in conflict with those set forth in this section, those criteria shall govern to the extent of such conflict.

(Ord. No. 98-16, § 7, 5-27-98)

1.

Upon receipt of the recommendations of the Planning and Zoning Board, the City Commission shall hold a public hearing thereon, with due public notice, pursuant to section 2.2 [2-2] of the time and place of the meeting, and shall act on the proposed change.

2.

At any hearing regarding zoning matters, the commission may hear from any agency, department or division of the state, county or city government as well as any interested persons or parties.

3.

Neither the City Commission nor the Planning and Zoning Board have jurisdiction to rehear a petition that has been voted on by the City Commission based on the same set of facts, presenting the same issues and presented by the same applicant or their agent or attorney until a period of at least one (1) year has elapsed or until a review of the applicable comprehensive land use plan, whichever is earlier. If a change in facts is alleged, a new application may be filed with the Planning and Zoning Board after ninety (90) days of the City Commission decision. After proper notice, the Planning and Zoning Board may then receive testimony as to the changes of facts and make its recommendations thereon to the City Commission.

(Ord. No. 98-16, § 8, 5-27-98)