(a)

This chapter shall be administered by the city manager or designee. No approved site plan, building permit, or certificate of occupancy shall be issued by the city manager or designee except where all the provisions of this chapter have been met. The city manager or designee shall review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law, and no development order shall be issued by the city manager or designee except where all necessary development orders have been obtained.

(b)

The city commission shall establish fees for administering this chapter and such fees shall be listed in chapter 15, Schedule of fees.

(Code 1980, § 24-38(3); Code 1989, § 21-26; Ord. No. 00-06, § 1, 6-27-2000; Ord. No. 2003-16, § 42, 11-25-2003)

Cross reference— Schedule of fees, ch. 15.

Editor's note— Ord. No. 2014-05, § 2, adopted Jan. 28, 2014, repealed § 110-32 in its entirety, which pertained to appeal procedure and derived from the Code of 1980, § 24-37; the Code of 1989, § 21-29.

Any person aggrieved by this chapter or any of its terms and provisions, before presenting his grievance to any circuit court or other court of competent jurisdiction attacking this chapter, or any of its terms and provisions, shall apply to the city commission for relief. The sole means of review of action by the city commission is by petition for writ of certiorari to the circuit court.

(Code 1980, § 24-45; Code 1989, § 21-28; Ord. No. 479, § 2, 3-29-1990; Ord. No. 633, § 1, 10-16-1996)

(a)

Applications for development or redevelopment of multifamily dwellings, hotels, motels, or motor lodges, or nonresidential uses shall require the submission of a site development plan showing all structures, roadways, pathways, parking areas, recreation areas, utility and exterior lighting installations and landscaping, all exterior structures and usages within 200 feet of the site boundaries and all other elements as may be deemed essential by the city manager and/or designee. No certificate of occupancy shall be issued for any such building unless all facilities included in the site plan have been approved in accordance therewith. The following standards shall apply:

(1)

Traffic access. Considerations shall include the following: All proposed site traffic accessways are adequate but not excessive in number, are adequate in grade, width, alignment and visibility, and are not located too near schools or places of public assembly, and other similar considerations.

(2)

Circulation and parking. That the interior circulation system must be adequate and all required parking spaces must be provided and be easily accessible. Access to the structure by pedestrians must be gained without traveling through a parking area. When no other separate access is available to the main building entrance, pedestrians must be accommodated by continuous landscaped or delineated walkways, where feasible, distinguished from driving surfaces by separate paving materials. Sidewalks crossing driveways must be maintained as continuous, unbroken by driving surfaces such as asphalt extending from parking areas. The intent is to separate and differentiate pedestrian walks, malls, and public transportation loading places from general vehicular circulation facilities.

(3)

Arrangement of buildings; laundry facilities. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have minimum of one exterior exposure. Laundry facilities, including washing machines and clothes dryers, shall be available for multifamily dwellings on the premises for use by all occupants of the premises or in each unit.

(4)

Landscaping. The proposed site must be properly landscaped, the purpose of which is to further enhance the natural qualities of land. Compliance with the landscape ordinance provisions of this Code shall be ensured.

(5)

Multifamily structures, hotels and motels. In reviewing the proposed site plan for one or more multifamily or motel structures, motor lodges and hotels, the planning and zoning board shall require:

a.

Access by emergency vehicles. A building may not be so arranged so as to be inaccessible by emergency vehicles. The site plan shall provide for adequate driveway widths, clearance heights and turning radii necessary for emergency vehicles to have direct access to each building. No increase in aggregate building height shall be granted to compensate for increased height of parking areas to comply with this provision.

b.

Distance between buildings. The front or rear of any building, including exterior stairways or elevator shafts, may be no closer to the front or rear of any other building than 15 feet. The side of any building, including exterior stairways or elevator shafts, may be no closer to the side, front, or rear of any other building than 15 feet.

c.

Distance between buildings and driveways. No driveways or parking lots should be closer than five feet to the front or rear of any building. In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these combinations shall not apply.

d.

Recreational space. There shall be provided to the site of a multifamily structure an area, either enclosed or unenclosed, devoted to the joint recreational use of the residents thereof. Such recreational space shall consist of not less than 100 square feet of space per dwelling unit. Each such recreational space shall be developed with passive and active recreational facilities.

e.

Off-street parking spaces. There shall be provided on the site of such development an area devoted to the storage of automobiles. The number and their provision shall be in accordance with this chapter.

(6)

Soil conditions. Applications shall include soil types.

(7)

Topography and drainage. A brief description of the tract with respect to such matters as relief, flood hazards (including the 100-year base flood level versus proposed first floor elevation), existing outfalls and canals, natural watercourses on or abutting the property, any prior ground water studies, and site drainage problems which have existed, which now exist or which are forecast. An acceptable plan for ponding or other disposition of surface runoff is an essential portion of this section, as it is an indication of the relationship between site drainage under full development and drainage before development.

(b)

Applications described in (a) above shall require confirmation that the following local governments have been informed of a request for site plan approval within 150 feet of their boundaries:

(1)

Belleair Beach.

(2)

Belleair Shore.

(3)

Indian Shores.

The intent of such notification is to allow the affected local government to comment on any development that has the potential to negatively impact their community.

(c)

Site development plan reviews are valid for a period of six months from the date of approval.

(Code 1980, § 24-35; Code 1989, § 21-71; Ord. No. 479, § 3, 3-29-1990; Ord. No. 493, § 1, 4-17-1991; Ord. No. 592, § 1, 9-5-1995; Ord. No. 2005-01, § 23, 5-5-2005; Ord. No. 2014-05, § 3, 1-28-2014)

(a)

Special exception uses. A building permit for a special exception use may be issued by the building official only after review by the building official and board of adjustment and appeals upon the order of the city commission, which must and shall find each of the following:

(1)

The use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic expected to be generated, its relationship to land values, its site and building size and setbacks and other factors that may be used to measure compatibility;

(2)

The land or building area is adequate for the operation of the use and does not detract from the scale of surrounding uses;

(3)

Parking problems will not be created;

(4)

Unusual traffic hazards will not be created, and excessive traffic will not be generated on residential streets;

(5)

Any nuisance or hazard incidental to the special exception will be adequately separated and buffered from surrounding areas;

(6)

The special exception use is specifically included as an allowable type of use in the schedules set forth in this chapter; and

(7)

The special exception use is allowed pursuant to and does not conflict with the city's comprehensive plan.

(b)

Generally; criteria for granting variances from the terms of subpart B.

(1)

The board of adjustments and appeals shall make recommendations on and the city commission shall decide variance applications as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to recommend or decide any variance from the terms of subpart B, the board or the city commission shall consider each of the following:

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.

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

d.

Literal interpretation of the provisions of subpart B would deprive other properties in the same zoning district under the terms of subpart B and would work unnecessary and undue hardship upon the applicant;

e.

The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building; and

f.

The granting of the variance will be in harmony with the general intent and purpose of subpart B, and such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare.

(2)

A variance from the floor area ratio and impervious surface ratio standards of subpart B may be recommended by the board of adjustments and appeals. An adjustment under this subsection shall only be recommended by the board of adjustments and appeals subject to the following findings:

a.

A literal interpretation of the provisions of the floor area ratio and impervious surface ratio standards of subpart B 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.

b.

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.

c.

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

d.

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

e.

The variance, 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 subpart B.

f.

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

g.

The variance, 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.

h.

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

i.

An amendment to another land use category under the city and county future land use plans has been considered by the applicant and the city, and it has been determined that such an amendment would not be appropriate.

(Code 1980, § 24-29; Code 1989, § 21-86; Ord. No. 522, 9-15-1993; Ord. No. 2012-03, § 1, 6-26-2012)

Editor's note— Ord. No. 2012-03, § 1, adopted July 24, 2012, changed the title of § 110-101 from "Special exception uses" to "Special exception uses and variances." This historical notation has been preserved for reference purposes.

(a)

A use, building or structure, lawfully in existence at the effective date of the ordinance from which this chapter is derived, which shall be made nonconforming at the passage of such ordinance on May 11, 1981, or any applicable amendment thereto, may be continued except as otherwise provided in this chapter.

(b)

A use, building or structure, the plans for which comply with provisions of the zoning regulations in effect prior to this chapter, and for which a building permit has been issued prior to the effective date of the ordinance from which this chapter is derived, or is applicable, or wherein application for site review has been made prior to such effective date, may be continued and constructed except as otherwise provided in this chapter.

(Code 1980, § 24-30; Code 1989, § 21-87)

(a)

Enlargement or reconstruction. No existing structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use. When an existing nonconforming structure built prior to May 11, 1981, does not meet the minimum required side yard setback, an addition may be constructed on the same line as the exterior wall of the existing residential structure. Additions may extend into the required side yard setback up to the setback line formed by the nonconforming wall. The side yard setback between the extended wall of the residential wall and the property line shall not be less than five feet as long as lot coverage, height, front yard and rear yard setbacks and other requirements conform to the appropriate part of the schedules in sections 110-153 through 110-155 and a substantial improvement is not accomplished.

(b)

Restoration of unsafe or unusable structure. Any nonconforming structure made unsafe or unusable may be restored, reconstructed or used as before, provided it is rebuilt in the same footprint at grade with foundation or elevated with pilings and must comply with all FEMA requirements, if applicable, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All required permits shall be applied for within six months after damage occurs or such use shall not be rebuilt, except as a conforming use.

(c)

Normal maintenance, repair and incidental alteration. Normal maintenance, repair, and/or incidental alteration to a structure containing a nonconforming use is permitted, provided it does not exceed the area or volume of space occupied by the nonconforming use or increase the degree of nonconformance. A building or other structure containing residential nonconforming uses may be altered to improve interior livability. No structural alterations shall be made which would increase the number of units. Repairs and/or incidental alterations may not be accomplished when the repairs equal or exceed 51 percent of the then physical value of the structure determined before repairs and/or alterations are begun. The burden of proof shall be placed on the property owner to show such damage or alteration at less than 51 percent.

(d)

Conversion of use. The kind or type of use to which the property was being put at the time it became nonconforming shall not be changed, modified or diversified in kind or type of use unless the building or structure is made to conform with the schedules set forth in this chapter, the schedules of off-street parking regulations and the flood regulations.

(Code 1980, § 24-31; Code 1989, § 21-88; Ord. No. 2017-05, § 1, 8-8-2017)

(a)

If a nonconforming use is discontinued or any building remains vacant for six consecutive months, then any further use of such land or building shall be in conformity with the provisions of this chapter for the particular zoning district.

(b)

No nonconforming building damaged by any cause to the extent which equals or exceeds 51 percent of its then physical value immediately before damage shall be restored other than in conformity with this chapter. The building official or authorized designee shall be the determining authority. The burden of proof shall be placed on the property owner to show such damage at less than 51 percent.

(c)

No nonconforming use of a building may be moved to any other part or parcel of land unless such move makes the nonconforming use conform in all respects.

(Code 1980, § 24-32; Code 1989, § 21-89)

Existing characteristics of use which become nonconforming or increase in nonconformity as a result of the taking of real property for public use, including but not limited to nonconformity in minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention, shall not be required to meet the requirements of this chapter. Thereafter, the existing characteristics of use shall be deemed a legal nonconforming use. Any future increases in the degree of nonconformity with respect to this chapter shall only be granted in accordance with all applicable requirements of this chapter.

(Code 1989, § 21-90; Ord. No. 99-07, § 1, 8-24-1999)

Existing characteristics of use which become non-conforming or increase in non-conformity as a result of the taking of real property for public use, including but not limited to minimum lot size, setbacks open space, off-street parking, landscape requirements, drainage and retention, shall not be required to meet code requirements. Thereafter, the existing characteristics of use shall be deemed legal non-conforming use. Any future increases in the degree of non-conformity with respect to the city's zoning code shall only be granted in accordance with all applicable code requirements.

(Ord. No. 99-07, § 1, 8-24-99)