It is the intent of this article to provide for the administration and enforcement of the terms of this Code and to define the powers and duties of the administrative officers, boards and commissions provided herein. This Code, including the Official Zoning Map, may from time to time be amended, supplemented, changed or repealed. It is not intended that amendments to this Code relieve particular hardships or confer special privileges or rights on any person. All amendments shall be reasonably necessary to promote the public health, safety, and general welfare or to achieve the purposes of the Comprehensive Plan or part thereof.

There is hereby established a Planning and Zoning Board of the City of Lakeland. Pursuant to, and in accordance with, Part II, Chapter 163, Florida Statutes, the Planning and Zoning Board is hereby designated and established as the local land planning agency and the land development regulation commission for the incorporated territory of the City of Lakeland.

12.2.1

ORGANIZATION, RULES AND PROCEDURES

12.2.1.1

Appointment and Terms of Members

The Planning and Zoning Board shall consist of seven members to be appointed by the City Commission to serve for terms of three years. Members of the Board shall be appointed as provided for in resolutions of the city and the by-laws of the Board. In addition, there shall be one nonvoting member who shall be a representative of the school district appointed by the Polk County School Board to attend those meetings at which the Planning and Zoning Board considers Comprehensive Plan amendments and rezoning that would, if approved, increase residential density on the property that is the subject of the application.

12.2.1.2

Officers

The Board shall annually elect a Chairman, Vice Chairman and a Secretary as provided for in resolutions of the city and the by-laws of the Board.

12.2.1.3

Meetings and Records

All meetings of the Board shall be public meetings and all records of the Board shall be public records. The method of setting public meetings and storing records shall be as provided for in resolutions of the city and the by-laws of the Board.

12.2.1.4

Rules and Procedures

The Board shall follow such rules, procedures and methods of accomplishing its duties as provided for in resolutions of the city and the by-laws of the Board.

12.2.2

POWERS AND DUTIES

As the local land planning agency and the land development regulation commission for the city, the Board shall serve as an advisory board to the City Commission and assist the Commission in carrying out its powers and duties to plan, zone, regulate development, control density, and administer planning, zoning and development activities pursuant to Article VIII of the Constitution of the State of Florida, Florida Statutes, various special acts, the City Charter and this Code. The Board shall have, among others, the powers and duties set forth in the following sections:

12.2.2.1

Powers and Duties with Respect to Comprehensive Planning Program

As the local land planning agency for the city, the Board shall:

a.

Conduct the comprehensive planning program and prepare the Comprehensive Plan or elements or portions thereof;

b.

Coordinate said Comprehensive Plan or elements or portions thereof with the comprehensive plans of other appropriate local governments and the State of Florida;

c.

Recommend said Comprehensive Plan or elements or portions thereof to the City Commission for adoption; and

d.

Monitor and oversee the effectiveness and status of the Comprehensive Plan as may be required from time to time.

12.2.2.2

Powers and Duties with Respect to Land Development Codes

As the local land planning agency and land development regulation commission for the city, the Board shall develop and recommend to the City Commission land development codes which implement the adopted Comprehensive Plan, and shall review the land development codes, or amendments thereto, for consistency with the adopted Comprehensive Plan or elements or portions thereof, and report to the City Commission regarding its findings.

a.

Powers and Duties with Respect to Zoning:

1.

To consider applications for development approval for Developments of Regional Impact and make recommendations to the City Commission pertaining thereto;

2.

To study and review the Official Zoning Map and the zoning provisions of this Code and, from time to time, propose and recommend to the City Commission changes, modifications or amendments thereto;

3.

To consider applications for a change in zoning or for annexation and zoning and either deny said applications or recommend their approval to the City Commission;

4.

To make recommendations to the City Commission on the merits of holding a public hearing on applications for a change in zoning previously denied by the Board; and

5.

To consider applications for conditional use and either deny said applications or recommend their approval to the City Commission.

b.

Powers and Duties with Respect to Subdivision Regulation:

1.

To hear and decide applications for final plat approval; and

2.

To hear and decide appeals or variances from, and interpretations of, the subdivision regulation provisions of this Code.

12.2.2.3

Studies and Reports

In the conduct of its duties, the Board shall make comprehensive studies, surveys and investigations and special studies of a specific nature relating to issues of planning and zoning. Copies of all reports and recommendations of the Board shall be filed with the City Commission.

12.2.2.4

Consultation with Public Agencies; Public Participation

In the conduct of its duties, the Board shall consult with the City Commission and other public and semi-public agencies. The City Commission and other public bodies and boards shall, upon request, furnish to the Board, within a reasonable time, such available information as may be required for the Board's work. Copies of all reports and recommendations of the Board may be furnished to other public and semi-public agencies and to the general public. It shall also be the duty of the Board to consult with the general public and encourage public participation in the planning process.

12.2.2.5

Right of Entry

The Board, its members, officers, and administrative staff in the performance of their duties, may enter upon any land to make examinations, investigations and surveys.

There is hereby established a Zoning Board of Adjustment and Appeals of the City of Lakeland. They may also be referred to as the "Board of Adjustment."

12.3.1

ORGANIZATION, RULES AND PROCEDURES

12.3.1.1

Appointment and Terms of Members

The Board of Adjustment and Appeals shall consist of seven regular members and two alternate members appointed by the City Commission to serve for terms of three years. Members of the Board of Adjustment and Appeals shall be appointed as provided for in resolutions of the city and the by-laws of the Board. Alternate members shall serve in the absence of regular members.

12.3.1.2

Officers

The Board of Adjustment and Appeals shall annually elect a Chairman and such other officers as it may determine, as provided for in resolutions of the city and the By-laws of the Board.

12.3.1.3

Meetings and Records

All meetings of the Board of Adjustment and Appeals shall be public. Meetings shall be held at the call of the Chairman at such times as the Board may determine. The Chairman, or in his absence, the acting Chairman, shall administer oaths and compel the attendance of witnesses. All records of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations or other official actions. All such records shall be immediately filed in the office of the Board.

12.3.1.4

Rules and Procedures; Voting

The Board of Adjustment and Appeals shall follow such rules and procedures and methods of accomplishing its duties as provided for herein and in resolutions of the city and in the by-laws of the Board; provided that the concurring vote of five members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this section or to grant any variance from terms of this Code as provided herein.

12.3.2

POWERS AND DUTIES

The Board of Adjustment and Appeals shall have the power to hear and decide appeals for interpretations or variances where it is alleged that there is error in any order, requirement, decision, or determination made by the Director of Community Development in the enforcement of this Code, except those provisions relating to subdivision regulation. In reversing, affirming, wholly or partly, or modifying such an order, requirement, decision or determination, the Board shall have all the powers of the official from whom the appeal is taken.

12.3.2.1

Powers and Duties with Respect to Appeals for Variances

The Board shall have the power to hear and decide appeals for variances from the terms of this Code in specific cases where the following conditions exist:

a.

The Board shall have the power to grant a variance if and only if it concludes that a literal enforcement of the terms of the Code would result in unnecessary hardship and that the granting of the variance would not be contrary to the public interest; would observe the spirit and intent of this Code; and would do substantial justice. The Board may reach these conclusions only if it finds, based on substantial facts, that:

1.

The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;

2.

The hardship relates to the applicant's land, rather than personal circumstances;

3.

The hardship is unique, or nearly so, rather than one shared by many surrounding properties; and

4.

The hardship is not the result of the applicant's own actions or those of his agent.

b.

The Board shall not be empowered to hear and decide requests for variances from the terms of this Code regulating the subdivision and platting of land.

c.

The Board shall not be empowered to hear and decide requests for variances from the terms of this Code regulating signage, except those specifically relating to height or setback of signs.

d.

The Board shall not be empowered to hear and decide requests for variances to permit a use in a district in which such use is prohibited by the zoning provisions of this Code, or to change the use of any property as provided herein.

12.3.2.2

EXPIRATION OF VARIANCES

When any variance has been authorized or granted under the provisions of this article, such variance shall become invalid unless the work authorized by it shall have commenced within 12 months after such variance has been authorized or granted by the Board.

12.4.1

DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT

The Director of Community and Economic Development is the administrative head of the city's Community and Economic Development Department.

(Ord. No 6052, § 2(Att. C), 9-16-24)

12.4.2

POWERS AND DUTIES

The Director of Community and Economic Development shall assist the Planning and Zoning Board in carrying out its duties as the local land planning agency and land development regulation commission for the city, as provided in this Code and the duly adopted by-laws of the Board. The Director is the city's Zoning Administrator and has primary responsibility for administering and enforcing this Code.

(Ord. No 6052, § 2(Att. C), 9-16-24)

12.4.3

ADMINISTRATIVE ADJUSTMENTS

12.4.3.1

Intent

a.

It is the intent of this Code to allow the Director of Community and Economic Development, or other administrative staff as specified herein, to make administrative adjustments to the strict application of the standards and requirements of this Code where extenuating circumstances exist to relieve unnecessary hardship; to promote the beneficial development, redevelopment, infill and reuse of property; and to avoid the need for variances where substantial compliance can be achieved. No property owner shall be entitled to such adjustments which are at the discretion of the Director of Community and Economic Development or other administrative staff as specified herein.

b.

It is further the intent of this Code that such administrative adjustments:

•

Be granted only as needed to relive hardship suffered by the applicant due to physical limitations of the site or other circumstances beyond the applicant's control and which hardship shall not be solely an economic hardship, or as necessary to allow the safe and functional operation of the site or to accommodate other code requirements;

•

Be consistent with the intent of this Code and of the applicable zoning district, including any applicable conditional use, PUD or SPI district;

•

Be not adverse to the health, safety or welfare of the abutting property owners or of the community, unless any such impacts have been substantially mitigated; and

•

Be the minimum deviations that will alleviate the unnecessary hardship.

(Ord. No 6052, § 2(Att. C), 9-16-24)

12.4.3.2

Applicability

This section shall apply to the dimensional, quantitative and location standards or requirements of this Code and the dimensional, quantitative and location conditions of any conditional use, Planned Unit Development or SPI District.

(Ord. No. 5455, 07-21-14)

12.4.3.3

Dimensional and Quantitative Standards

The Director of Community and Economic Development may make minor adjustments to dimensional and quantitative standards including but not limited to area standards, linear standards, separation standards and quantity standards except for the maximum number of living units or dwellings. With the exception of the maximum height of privacy fences located in rear yards, The administrative adjustments shall generally not exceed ten percent of the standard or requirement and shall not be additive such that, for example, a ten percent adjustment on opposite sides yields an effective twenty percent deviation. For residential privacy fences located in rear yards which are not visible from adjacent streets or alleys, an administrative adjustment to allow a maximum fence height of up to eight feet may be approved subject to the written consent of any adjacent property owner(s) which the fencing will abut.

(Ord. No 6052, § 2(Att. C), 9-16-24)

12.4.3.4

Location Standards

The Director of Community and Economic Development may make minor adjustments to location standards including but not limited to the placement of buildings, driveways, parking areas, bike racks, fences and walls and landscaping.

(Ord. No 6052, § 2(Att. C), 9-16-24)

12.4.3.5

Procedures

a.

When, in the opinion of the Director of Community and Economic Development, a proposed administrative adjustment materially affects abutting property owners, written notification shall be mailed to the affected property owner(s) of record at least 30 days prior to the granting of administrative adjustment and shall take any comments or concerns into account. For administrative adjustments pertaining to the height of residential privacy fences located in rear yards, written consent from any adjacent property owner(s) which the fencing will abut shall be sufficient for compliance with this requirement.

b.

The Director of Community and Economic Development shall consult with other city departments affected by the proposed administrative adjustment and may consult other agencies or affected parties to determine whether the administrative adjustment should be granted.

c.

The Director of Community and Economic Development may attach conditions that he deems necessary to protect the health, safety and welfare of the community or the abutting property owner(s), to meet the intent of the modified standard and to minimize adverse impacts on adjacent properties.

d.

The administrative adjustment shall be documented by means of a form or a note on the applicable permit or site plan and shall include the reason for the adjustment, the specific amount of the adjustment and any conditions pertaining thereto.

e.

The Director of Community and Economic Development periodically shall report to the Planning and Zoning Board concerning administrative adjustments that have been granted.

(Ord. No 6052, § 2(Att. C), 9-16-24)

Applications for building permits, certificates of occupancy and certificates of compliance, changes in zoning, conditional use, and appeals and shall be submitted in accordance with the procedures outlined in this section and elsewhere in this Code.

12.5.1

WHO MAY APPLY

Applications for amendments to this Code which involve a change in zoning or permitted use of private real property may be submitted only by persons having the legal authority to use the property as requested by the application, except applications for appeal. Applications may be made by owners or lessees of property, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Code, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). Applications submitted by anyone other than the owner of record must be signed by the owner of record or accompanied by a letter of authorization from the owner of record.

Applications for amendments to this Code not involving a change in the zoning or permitted use of private real property may be submitted by any resident of the city, any person owning property in the city, or any agency of the city.

12.5.2

APPLICATIONS REQUIRED TO BE COMPLETE

Applications filed pursuant to this article must be complete before the reviewing authority is required to consider the application. An application is complete when it contains all of the information that is necessary for a determination of compliance with the provisions of this Code and other applicable city regulations.

12.5.3

APPLICATION FEES

Applications filed pursuant to this article shall be accompanied by payment of the required application fee, if any, as shall be determined by the city. Such application fee shall be payable to the City of Lakeland.

12.5.4

CHANGE IN ZONING, CONDITIONAL USE OR CODE AMENDMENT

An application for amendment to this Code, including any amendment to change the zoning or permitted use of private real property or a conditional use, shall be submitted to the Community Development Department on an application form provided by the Community Development Department.

12.5.4.1

Submittal Date

An application for amendment to this Code, including any amendment to change the zoning or permitted use of private real property or conditional use, shall be submitted by 5:00 P.M. on the first business day of the month proceeding the month in which the application is to be heard by the Planning and Zoning Board. Applications for minor modifications to existing conditional uses or to existing Planned Unit Developments shall be submitted by 5:00 P.M. on the 20th day of the month proceeding the month in which the application is to be heard by the Planning and Zoning Board.

12.5.4.2

Proof of Ownership

An application for a change in the zoning or permitted use of private real property or conditional use shall be accompanied by proof of ownership, such as photocopy of a deed or tax receipt or printout from the records of the Polk County Property Appraiser.

12.5.4.3

Required Submittals

An application for a change in the zoning or permitted use of private real property or conditional use shall be accompanied by a legal description of the subject property and by copies of any required site development plan or other submittals as required by this Code. The number of copies of the required plan or other submittals to be submitted and the information to be shown shall be as required by this Code or as otherwise determined by the city.

12.5.4.4

Concurrency Information

An application for a change in the zoning or permitted use of private real property or conditional use shall be accompanied by all information, studies and reports required by Article 10 (Concurrency Standards) sufficient to determine the impact of the proposed change on those public services for which a minimum level of service standard has been adopted in the Comprehensive Plan. The form of the documentation, the number of copies to be submitted, and any required review fees to be paid shall be as determined by the city. Such fees shall be payable to the City of Lakeland.

(Ord. No. 5455, 07-21-14)

12.5.4.5

Misstatement or Inaccuracy on Application is a Violation

Any misstatement or inaccuracy on the application for a permit shall constitute sufficient grounds for revocation of the permit.

12.5.5

BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF COMPLIANCE

Applications for building permits, certificates of occupancy and certificates of compliance shall be filed with the Building Inspection Division.

12.5.5.1

Required Plans

Applications for permits shall be accompanied by copies of any plot plan, site development plan, landscape plan, irrigation plan or other plan required by this Code. The number of copies of the required plans to be submitted and the specific information to be shown thereon shall be as required by this Code or otherwise determined by the city.

12.5.5.2

Plot Plan

A plot plan shall be submitted with applications for building permits, certificates of occupancy and certificates of compliance for single-family and two-family structures. The plot plan shall be drawn to scale and shall provide the following information:

a.

The actual dimensions, radius, and angles of the lot to be built upon;

b.

The exact size and location on the lot of the principal building and accessory buildings and structures to be erected; and

c.

Such other information as may be necessary to determine compliance with all applicable provisions of this Code and other applicable municipal ordinances.

12.5.5.3

Site Plans

An engineered site plan shall be submitted with applications for building permits, certificates of occupancy and certificates of compliance as set forth in Sub-Section 12.5.6.2.

(Ord. No. 5455, 07-21-14)

12.5.5.4

Landscape Plan and Irrigation Plan

A landscape plan and irrigation plan shall be submitted accordance with Sub-Section 4.5.12 with applications for building permits or certificates of occupancy for the construction or alteration of any building requiring off-street parking, or upon the expansion or paving (but not repaving) of existing off-street parking and loading areas; except, additional landscaping and landscape plans shall not be required for premises with conforming landscaping.

12.5.5.5

One Copy of Approved Plan Returned to Applicant by Building Inspection Division

One copy of the approved plan shall be returned to the applicant by the Building Inspection Division.

12.5.5.6

Misstatement or Inaccuracy on Application is a Violation

Any misstatement or inaccuracy on the application for a permit shall constitute sufficient grounds for revocation of the permit.

12.5.5.7

Substantial Completion Required

All work required pursuant to the approved building permit shall be inspected and substantially completed prior to the issuance of a Certificate of Occupancy.

12.5.6

SITE PLANS

12.5.6.1

Concept Site Plans

a.

Intent

The intent of concept site plan review is to help the applicant fully understand the city's requirements in order to prepare a final submission, to identify potential challenges facing the development, to identify the need for additional information, to familiarize city staff with the proposed project and to foster communication among all responsible parties at the conceptual stage of development.

b.

Applicability

Unless the requirement is waived by the Director of Community Development, a concept site plan shall be submitted to the Community Development Department for the following types of development activity:

•

Development activity requiring an engineered site plan as set forth in Sub-Section 12.5.6.2;

•

Preliminary subdivision plats;

•

Site development plans for proposed Planned Unit Developments;

•

Site development plans for proposed conditional uses;

•

Master plans for Developments of Regional Activity or substantial changes to existing DRIs;

•

Large scale Future Land Use Map amendments (10 acres or greater);

•

Development within the Green Swamp Area of Critical State Concern.

c.

The information to be included on the conceptual site plan, the number of copies to be submitted, the fees to be submitted and the deadlines for submission shall be in accordance with the latest administrative procedures for concept plan review.

d.

The Director of Community Development shall distribute copies of the concept site plan to the Development Review Team. Each department shall review the conceptual site plan and provide written comments in accordance with the department's areas of responsibility as to conformance with these regulations. The written comments shall be provided to the applicant to assist in preparing an engineered site plan application, preliminary subdivision plat, application for PUD or conditional use or other required submittal.

e.

Concept site plan review is a technical review only and is based on the representations made by the applicant. Completion of concept review does not imply that staff has verified the representations made by the applicant and does not imply staff approval of or support for any land use, zoning, conditional use or other action requiring a public hearing process.

(Ord. No. 5455, 07-21-14)

12.5.6.2

Engineered Site Plans

a.

An engineered site plan demonstrating full compliance with all applicable provisions of this Code and other municipal ordinances shall be submitted to the Community Development Department for the following types of development activity:

•

Non-residential buildings except for accessory structures less than 400 square feet.

•

Residential structures containing five or more dwelling units.

•

Two or more two-family (duplex) structures on a single parcel.

•

Building additions serving the above uses which exceed 25 percent of the existing square footage.

•

Building alterations serving the above uses if the aggregate cost exceeds 50 percent of the assessed value of the structure or structures.

•

Vehicle use areas containing 1,500 square feet or more of paved area or five or more off-street parking spaces or involving changes to fire or emergency access. Review is limited to parking, access and landscaping requirements only.

•

Changes in use resulting in an increase in required parking of five or more additional parking spaces or 1,500 square feet or more of additional paved area or involving changes to fire or emergency access. Review is limited to parking, access and landscaping requirements only.

•

Personal wireless service facilities. Review is limited to zoning, setbacks, structure height and access.

c.

The information to be included on the engineered site plan, the number of copies to be submitted, the fees to be submitted and the deadlines for submission shall be in accordance with the latest administrative procedures for site plan review or for review of personal wireless service facilities.

d.

The Director of Community Development shall distribute copies of the engineered site plan to the Development Review Team. Each department shall review the site plan and approve or disapprove the site plan in accordance with the department's areas of responsibility as to conformance with these regulations.

e.

Approved engineered site plans shall be valid for 18 months.

f.

All work required pursuant to the approved engineered site plan shall be inspected and substantially completed prior to the issuance of a Certificate of Occupancy.

12.6.1

PUBLIC HEARING BY PLANNING AND ZONING BOARD

Provided that the application is complete in accordance with Sub-Section 12.5.4, the Planning and Zoning Board shall consider an application for change in zoning, conditional use or change to Land Development Code at a public hearing to be held at the regular meeting of the Board the month following the deadline for receipt of applications according to administrative procedures of the Planning and Zoning Board, or at a subsequent meeting. Example: If the application deadline is May 1 ^st , the public hearing will be the regular meeting in June.

12.6.1.1

Advertisement of Public Hearing

Upon receipt of an application for change in zoning or conditional use submitted in accordance with Sub-Section 12.5.4, the Director of Community Development shall advertise the public hearing at which the application is to be heard by the Planning and Zoning Board. The Director of Community Development may advertise the application for public hearing to be held at the next regular meeting of the Planning and Zoning Board or may request and receive authorization from the Board to advertise the application for public hearing to be held at a subsequent meeting. Minor modifications to existing PUDs or conditional uses shall not require advertisement.

12.6.1.2

Decision of Planning and Zoning Board

The Board shall take action on the application at a regular meeting after the public hearing, and shall either recommend approval of the application to the City Commission or deny the application. The Board may, upon request and if it deems appropriate, make its final determination on the application at its meeting on the day of the public hearing. Board action on applications for minor modifications to existing PUDs and conditional uses shall be final.

12.6.1.3

Recommendation of Approval by Planning and Zoning Board

A recommendation by the Planning and Zoning Board for approval of the application shall be transmitted by the Director of Community Development to the City Attorney, to be drafted as an ordinance and placed on the agenda of a regular meeting of the City Commission for a first reading.

12.6.1.4

Planning and Zoning Board Denial

Denial by the Planning and Zoning Board of an application for a change in zoning, conditional use or change to Land Development Code shall be deemed final action by the city unless appealed by the owner to the City Commission. Such appeal shall be filed in accordance with Sub-Section 12.7.3.

(Ord. No. 5522, 07-20-15)

12.6.2

PUBLIC HEARING BY CITY COMMISSION

A proposed ordinance for change in zoning, conditional use or change to Land Development Code shall be considered by the City Commission at two separate meetings, the second of which shall be a public hearing.

12.6.2.1

Advertisement of Public Hearing

Approximately 10 days prior to the public hearing on a proposed ordinance for change in the zoning, conditional use or change to Land Development Code, a notice of such public hearing shall be published in a newspaper of general circulation in the city. The advertisement shall contain the following information:

a.

The date, time and place of hearing;

b.

The title of the proposed ordinance;

c.

The place where the proposed ordinance may be inspected by the general public; and

d.

A statement that interested parties may appear at the hearing and be heard with respect to the proposed ordinance.

12.6.2.2

First Reading of Proposed Ordinance

The first reading of the proposed ordinance shall be considered by the City Commission upon a recommendation for approval by the Planning and Zoning Board.

12.6.2.3

Second Reading of Proposed Ordinance at Public Hearing

The City Commission shall hold a public hearing for the second reading of the proposed ordinance approximately 14 days after the date of the first reading, or at a subsequent meeting. After the second reading of the proposed ordinance, the City Commission shall take action to either approve or disapprove the ordinance.

12.6.3

FOR CHANGE IN LIST OF USES OR CHANGE IN ZONING DESIGNATION, INITIATED BY THE CITY INVOLVING LESS THAN 10 ACRES

A proposed ordinance for a change in the actual list of permitted, conditional or prohibited uses within a zoning category, or which changes the actual zoning map designation, initiated by the City Commission, the Planning and Zoning Board, or the Director of Community Development, for a parcel or parcels of land involving less than 10 contiguous acres, shall be considered by the City Commission at two separate meetings, the second of which shall be a public hearing.

12.6.3.1

Notice of Public Hearing on Change in Permitted, Conditional, or Prohibited Uses or Change in Zoning Map Designation Initiated by the City for a Parcel or Parcels of Land Involving Less Than 10 Contiguous Acres

Notice of the public hearing by the City Commission shall be given in accordance with Sub-Sections 12.6.3.2 and 12.6.3.3.

12.6.3.2

Newspaper Advertisement of Public Hearing on Change in Permitted, Conditional, or Prohibited Uses or Change in Zoning Map Designation Initiated by the City for a Parcel or Parcels of Land Involving Less Than 10 Contiguous Acres

At least 10 days prior to the public hearing, notice of such public hearing shall be published in a newspaper of general circulation in the city. The notice shall contain the following information:

a.

The date, time and place of hearing;

b.

The title of the proposed ordinance;

c.

The place where the proposed ordinance may be inspected by the general public; and

d.

A statement that interested parties may appear at the hearing and be heard with respect to the proposed ordinance.

12.6.3.3

Notice to Individual Property Owners of Public Hearing on Change in the Actual Zoning Map Designation Initiated by the City for a Parcel or Parcels of Land Involving Less Than 10 Contiguous Acres

At least 30 days prior to the public hearing, notice shall be given by mail to each real property owner the zoning or permitted use of whose land will be changed by enactment of the proposed ordinance and whose address is known by reference to the latest ad valorem tax records. A copy of the notice shall be kept in a separate book which shall be open for inspection by the general public during regular hours of the office of the City Clerk. The notice shall contain the following information:

a.

The date, time and place of one or more public hearings on the proposed ordinance;

b.

The title of the proposed ordinance;

c.

The substance of the proposed ordinance as it affects the property owner receiving the notice; and

d.

The place where the proposed ordinance may be inspected by the property owner and the general public.

12.6.4

FOR CHANGE IN LIST OF USES OR CHANGE IN ZONING DESIGNATION, INITIATED BY THE CITY INVOLVING 10 ACRES OR MORE

A proposed ordinance for change in the actual list of permitted, conditional or prohibited uses within a zoning category, or which changes the actual zoning map designation, initiated by the City Commission, the Planning and Zoning Board, or the Director of Community Development, for a parcel or parcels of land involving 10 contiguous acres or more, shall be considered by the City Commission at two separate meetings, both of which shall be advertised public hearings. The second public hearing shall be held at least 10 days after the first hearing. At least one public hearing shall be held after 5:00 P.M. on a weekday unless the City Commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day.

12.6.4.1

Notice of Public Hearings on Change in the Actual List of Permitted, Conditional, or Prohibited Uses, or Change in the Actual Zoning Map Designation Initiated by the City for a Parcel or Parcels of Land Involving 10 Contiguous Acres or More

Notice of public hearings by the City Commission shall be given in accordance with either of the following two methods:

a.

Approximately seven days prior to the first public hearing, and five days prior to the second public hearing, notice of each public hearing shall be published in a standard size or tabloid size newspaper of general paid circulation in the city, in accordance with Sub-Section 12.6.4.2; or

b.

Approximately seven days prior to the first public hearing, notice of both public hearings shall be given by mail to each real property owner the zoning or permitted use of whose land will be changed by enactment of the proposed ordinance and whose address is known by reference to the latest ad valorem tax records, in accordance with Sub-Section 12.6.4.3.

(Ord. No. 5455, 07-21-14)

12.6.4.2

Newspaper Advertisement of Public Hearings on Change in Permitted, Conditional, or Prohibited Uses, or Change in Zoning Map Designation Initiated by the City for a Parcel or Parcels of Land Involving 10 Contiguous Acres or More

A newspaper advertisement published pursuant to Sub-Section 12.6.4.1 shall meet the following specifications:

a.

The advertisement shall appear in a section of the newspaper other than that portion where legal notices and classified advertisements appear;

b.

The advertisement shall be not less than one quarter page in size;

c.

The heading shall consist of the words: "NOTICE OF ZONING CHANGE" and shall be in a type no smaller than 18 point;

d.

The advertisement shall state that "The City of Lakeland proposes to change the zoning or permitted use of the land within the area shown in the map in this advertisement"; and

e.

The advertisement shall state that "A public hearing on the proposed change will be held on ...(date and time)...at...(meeting place)."

12.6.4.3

Notice to Individual Notice to Property Owners of Public Hearings on Change in Permitted, Conditional, or Prohibited Uses, or a Change in the Zoning Map Designation Initiated by the City for a Parcel or Parcels of Land Involving 10 Contiguous Acres or More

Individual notices mailed to owners of real property pursuant to Sub-Section 12.6.4.1 shall contain the following information:

a.

The date, time and place of both public hearings on the proposed ordinance;

b.

The title of the proposed ordinance;

c.

The substance of the proposed ordinance as it affects the property owner receiving the notice; and

d.

The place where the proposed ordinance may be inspected by the property owner and the general public.

(Ord. No. 5455, 07-21-14)

12.6.4.4

Notice of Second Public Hearing to be Announced at First Public Hearing

Notice of the date, time and place of the second public hearing shall be announced at the first public hearing.

12.6.5

DECISION OF CITY COMMISSION ON LAND DEVELOPMENT CODE AMENDMENT

After the second reading of a proposed ordinance for a Code amendment, the City Commission shall take action to either approve or disapprove the ordinance.

12.7.1

APPEAL TO THE PLANNING AND ZONING BOARD

An application for appeal to the Planning and Zoning Board from a decision of the Director of Community Development, for interpretation of the subdivision regulations, or for a variance from the subdivision regulations shall be submitted to the Director of Community Development according to administrative procedures of the Planning and Zoning Board.

12.7.2

APPEAL TO THE ZONING BOARD OF ADJUSTMENT AND APPEALS

An application for appeal to the Zoning Board of Adjustment and Appeals shall be filed with the Director of Community Development, who shall forthwith transmit to the Board all papers constituting the record upon which the action or decision being appealed was taken.

12.7.2.1

Who May Apply

An application for appeal to the Zoning Board of Adjustment and Appeals may be submitted by any person aggrieved or by any officer or bureau of the city affected by any decision of the Director of Community Development in the enforcement of the provisions of this Code, except those relating to subdivision regulation.

12.7.2.2

Time Limit on Appeals

An application for appeal to the Zoning Board of Adjustment and Appeals shall be submitted within a reasonable time of the action or decision being appealed, as prescribed by the Board by general rule.

12.7.3

APPEAL TO THE CITY COMMISSION

Any aggrieved or adversely affected party, as defined in Section 163.3215, Florida Statutes, may appeal a decision of the Planning and Zoning Board to the City Commission based upon one or more of the following grounds:

a.

The Planning and Zoning Board failed to properly follow adopted procedure or due process requirements;

b.

The Planning and Zoning Board failed to properly apply adopted standards or regulations;

c.

Administrative staff failed to follow professional practice in performing technical analysis;

d.

No competent, substantial evidence was presented to the Planning and Zoning Board to support its decision; or

e.

New evidence has been discovered that, through the exercise of proper diligence, could not have been discovered prior to the public hearing before the Planning and Zoning Board.

The applicant shall file the appeal in writing with the City Attorney within thirty (30) calendar days of the Board's action, stating the specific reasons for the appeal. Failure to timely file an appeal meeting the criteria set forth herein shall constitute a waiver of the right to appeal. The City Attorney shall place an appeal meeting the criteria set forth herein on a City Commission agenda occurring within sixty (60) calendar days of receipt of the applicant's written appeal and shall cause public notice of the hearing on the appeal to be given in accordance with Sub-Section 12.6.1.1. An appeal may be scheduled beyond sixty (60) calendar days for good cause.

Upon consideration of the appeal, the City Commission shall first determine whether one or more of the above grounds for appeal exist. If the Commission does not find that at least one of the above grounds exists, the Commission shall deny the appeal and affirm the decision of the Planning and Zoning Board. If the Commission finds that one or more of the above grounds exist, the Commission shall then, at the same meeting, conduct a full public hearing on the merits of the case. The hearing may be continued by the Commission to a later date for good cause. At the hearing, the City Commission may consider both new testimony and evidence, as well as the record created before the Planning and Zoning Board. Following the hearing, the City Commission may:

a.

Affirm the decision of the Planning and Zoning Board;

b.

Remand the case to the Board for reconsideration; or

c.

Reverse, in whole or in part, or modify the decision of the Board and direct staff to prepare an ordinance or other appropriate instrument granting relief in accordance with the Commission's direction.

(Ord. No. 5462, 09-15-14)