The following table summarizes the responsible entities for final decisions of the applications and processes addressed in this Chapter.

(Ord. 2018-24, passed 4-1-19; Ord. 2019-08, passed 11-4-19; Ord. 2022-02, passed 2-7-22)

(A)

(1)

There is hereby established a Zoning Board of Adjustment, hereinafter referred to as the Zoning Board of Adjustment. The Zoning Board of Adjustment shall consist of five members who are registered voters and residents of the Town of Longboat Key who shall be appointed by the Town Commission. All members must attend a Sunshine and Public Records Law class within three months of their appointment. No member of the Zoning Board of Adjustment shall be an elected official or employee of the Town. A person appointed to this board may not serve concurrently on any of the following Town Boards: Code Enforcement Board, Planning and Zoning Board, or Consolidated Retirement System Board of Trustees.

(2)

The term of office shall be for three years and shall be staggered so that not more than three terms expire within any one year. All terms of office shall expire on the second Wednesday of May of the year in which the term is set to expire. Any member who fails to attend three consecutive scheduled and called regular meetings or fails to make themselves available to attend three proposed meetings within a 12-month period shall automatically forfeit Their appointment and the Town Commission shall promptly fill the vacancy. Appointments to fill vacancies shall be for the unexpired term of the member whose term becomes vacant.

(3)

The Town Commission may remove any appointed member from the appointed position for knowing, intentional, or repeated violations of applicable local or state laws, rules, regulations, or ordinances. This authority may be delegated to the Town Manager, subject to the Town Commission's oversight and pursuant to any procedural requirements established by the Code.

(B)

The Zoning Board of Adjustment shall establish rules and regulations for its own operation not inconsistent with the provisions of applicable state statutes or of this Chapter.

(C)

The Zoning Board of Adjustment shall elect a Chair, a Vice Chair, and a Secretary from among its members. The Chair shall be the presiding member of the board, and the Vice Chair shall be the presiding member in the Chair's absence or disqualification. The Zoning Board of Adjustment may elect other officers as they deem necessary. The terms of all officers shall be for one year, with eligibility for reelection.

(D)

The Zoning Board of Adjustment shall meet at the call of the Chair, at the written request of three or more regular members, or within 30 days after receipt of a matter to be acted upon by the Zoning Board of Adjustment. Three members of the Zoning Board of Adjustment shall constitute a quorum. All meetings of the Zoning Board of Adjustment shall be public. A record of all its resolutions, transactions, findings, and determinations shall be made, which shall be a public record on file in the office of the Town Clerk.

(E)

The concurring vote of a majority of members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Planning and Zoning Official or to decide in favor of the Appellant in respect to any matter on which it is required to pass under the terms of this Chapter or to effect any variations of this Chapter. Should a petition to the Zoning Board of Adjustment receive a vote of less than a majority of members, but affirmative votes of enough when added to the absent members to make a majority, the petition shall be rescheduled from meeting to meeting until the matter can be decided by a concurring vote of a majority of members of the Zoning Board of Adjustment.

(F)

The Zoning Board of Adjustment shall have the following powers and duties:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Planning and Zoning Official in the enforcement of this Chapter.

(2)

To hear and decide Waivers from the Daylight Plane regulations of this Code pursuant to the procedures established for appeals as set forth in Section 158.013. In determining whether to grant a Waiver, the Zoning Board of Adjustment shall review the Waiver application including both site and schematic design drawings and shall consider: (a) impacts to view of neighbors and neighborhood; (b) uniqueness of the configuration of the lot upon which the structure is proposed; and (c) special circumstances or conditions affecting the property, such that the strict application of the daylight plane requirements would inordinately burden the property owner and would deprive the property owner of a reasonable design for the building as it relates to its environs. If the Zoning Board of Adjustment determines that a Waiver is appropriate it may increase the angle for the daylight plane, with or without conditions. Such Waiver, if approved, shall apply to the building only and shall terminate upon the destruction of the building.

(3)

To authorize upon appeal in specific cases and where not otherwise prohibited by the terms of this Chapter, a Variance from the terms of this Chapter as will not be contrary to the public interest, owing to special conditions, where a literal enforcement of the provisions of this Chapter will result in unnecessary and undue hardship. As used in this Chapter a Variance can be authorized only for height, area and size of structure or size of yards and open spaces; but in no event may a Variance be granted by the Zoning Board of Adjustment that would allow an increase in density.

(4)

The Zoning Board of Adjustment shall not consider any matter when in the opinion of the Zoning Board of Adjustment, after consideration of the recommendation of the Town Attorney, the matter presented is not within the jurisdiction of the board as set forth in this Chapter.

(Ord. 2018-24, passed 4-1-19; Ord. 2025-09, passed 11-3-25)

(A)

The Planning and Zoning Board shall have the powers and duties in respect to the following:

(1)

Matters referred to it by the Town Commission and report its recommendations thereon back to the Town Commission within a reasonable time or within any other time as may be specified.

(2)

Recommendations on all petitions to change the zoning district boundaries within the Town.

(3)

Recommendations for the amendment of a comprehensive road and zoning plan for the Town. The Comprehensive Plan and Zoning Code shall specify the location, width, and type of proposed streets and roads and the zoning of abutting property. The plan shall be prepared with a view toward bettering the public health, safety, and welfare and promoting the orderly development of the Town.

(4)

Recommendations on all proposed Subdivision Plats within the Town.

(5)

Matters which it considers on its own motion that it deems beneficial with regard to the use and improvement of property within the Town, and consistent with other usual duties and powers of Planning and Zoning Boards, and in general do all things as may secure the recognized advantages of building and zoning regulations.

(6)

Final decision-making approval authority over certain designated Site Development Plans as specified in the Zoning Code unless the final decision-making authority is specifically reserved by the Zoning Code to the Town Commission.

(7)

Approval authority of Parking Waivers.

(8)

Approval of Special Exceptions, excluding Freestanding Personal Wireless Service Facilities.

(B)

Appeals of final decisions of the Planning and Zoning Board may be made to the circuit court for judicial relief, with the exception of appeals of landscaping or screening buffer Waivers which shall be made to the Town Commission.

(C)

Any appeals shall be submitted in writing within 30 days after rendition of the written decision by the Planning and Zoning Board.

(Ord. 2018-24, passed 4-1-19; Ord. 2022-02, passed 2-7-22)

(A)

Enforcement. This Chapter shall be enforced by the Planning and Zoning Official of the Town. No Building Permit, Certificate of Occupancy, or Statement of Zoning Compliance shall be issued except where all the provisions of this Chapter and Chapter 159 have been complied with.

(B)

Zoning Determination Letters. Upon written request for a determination, the Planning and Zoning Official shall issue written Zoning Determination Letters. The request shall be accompanied by an application fee as set by resolution of the Town Commission, and specifically identify the following: particular provision or regulation for which an interpretation is requested and the real property and the proposed development or redevelopment thereon to which the determination will be applied. The Planning and Zoning Official shall forward the Zoning Determination Letter to the person who requested the determination. The Town shall, at the requester's expense, provide written notice to property owners immediately adjacent to and within 500 feet of the perimeter of the subject property identified in the request for determination, provide notice in a published newspaper of general circulation within the Town, and provide notice on the Town website. With respect to condominiums or cooperatives, notice required by this Section will be deemed notice to its property owners when notice is sent or delivered to the secretary and the president of the condominium or cooperative association, unless the offices are not filled, in which event notice to the registered agent designated for the service of process will be sufficient compliance with the notice requirements of this Section. If the Planning and Zoning Official issues a Zoning Determination Letter that is not for a specific property, the Town shall, at the requester's expense, provide notice in a published newspaper of general circulation within the Town and provide notice of the Zoning Determination on the Town website.

(Ord. 2018-24, passed 4-1-19; Ord. 2019-08, passed 11-4-19; Ord. 2020-17, passed 1-5-21)

Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved by any decision or determination of the Planning and Zoning Official under any provision of this Chapter.

(A)

An appeal to the Zoning Board of Adjustment automatically stays all work on the premises and all Town proceedings in furtherance of the action appealed from, unless the Planning and Zoning Official from whom the appeal was taken shall certify to the Zoning Board of Adjustment, by reason of facts stated in the appeal submittal that a stay would cause imminent peril to life or property. In the case of such work, continuing the work shall not be stayed except by an order granted by a court of record.

(B)

Any person appealing any decision or determination of the Planning and Zoning Official shall make the appeal in writing within 30 days after rendition of such decision or determination to the Planning and Zoning Official. The appeal shall be accompanied by an application fee, as set by resolution of the Town Commission, and a sufficient number of copies of supporting facts and data to satisfy administrative needs as determined by the Town Manager or designee. This does not, however, restrict the filing of a request for a Special Exception or Variance by any person at any time as provided for elsewhere in this Chapter.

(C)

Upon receipt of the appeal, the Planning and Zoning Official shall forthwith examine the appeal together with all documents, plans, papers, or other materials constituting the record on which the action appealed was taken and transmit it to the Zoning Board of Adjustment. Concurrently, the Planning and Zoning Official shall transmit a copy of the appeal together with all documents, plans, papers, or other materials constituting the record to the Town Attorney for review and opinion. The Town Attorney shall present their opinion to the Zoning Board of Adjustment with respect to whether the appeal is in fact an appeal and within the jurisdiction of the Zoning Board of Adjustment.

(D)

Before rendering a decision on an appeal, the Zoning Board of Adjustment shall hold a public hearing. The Zoning Board of Adjustment shall fix a reasonable time of day for the hearing and cause public notice to be given at the petitioning party's expense. Site specific appeals filed by a petitioning party, other than an Applicant for development approval, shall provide notice per the provisions of Section 158.013(E) below.

Notice of public hearings of the Zoning Board of Adjustment shall, at least seven days prior to hearing, be:

(1)

Prominently posted by the petitioning party by a sign provided by the Town on the property, as applicable, which is the subject of the application or petition. The posted notice shall be:

(a)

Placed in a location in conformance with Chapter 156, Sign Code;

(b)

Placed in a location unobstructed to the view of passersby;

(c)

Maintained by the petitioning party until required to be removed and if damaged, destroyed, or removed, shall be replaced as soon as possible by the petitioning party with another sign provided by the Town;

(d)

Modified by the petitioning party to reflect any errors or changes in scheduling of the applicable public hearings so as to ensure accurate information;

(e)

Removed by the petitioning party within 48 hours after conclusion of the public hearing; and

(f)

Inspected by the Planning and Zoning and Building Departments to ensure compliance with these posting requirements.

(2)

Posted by the Town at Town Hall.

(3)

Published in a newspaper of general circulation within the Town.

(E)

A copy of the legal notice sent by certified mail, or other delivery where documentation of delivery confirmation can be obtained and provided, 14 days prior to the hearing by the petitioning party to all owners of property involved in the petition or application, and to all owners of property immediately adjacent to and within 500 feet of the perimeter of the subject property, and to each homeowners', property owners', or condominium association which annually registers with the Planning, Zoning, and Building Department to receive such notice by first class mail. The guide for the mailing requirement to owners shall be the most current Town or County assessment roll.

(F)

At the hearing, any party may appear in person, by agent, or by Attorney. With respect to condominiums or cooperatives, notice required by this Section will be deemed notice to its property owners when notice is sent or delivered to the secretary and the president of the condominium or cooperative association, unless the offices are not filled, in which event notice to the registered agent designated for the service of process will be sufficient compliance with the notice requirements of this Section. However, in the discretion of the Zoning Board of Adjustment, notice may be required to be given to each condominium owner or cooperative unit owner.

(Ord. 2018-24, passed 4-1-19; Ord. 2020-16, passed 1-5-21)

Any person or persons aggrieved by a quasi-judicial decision, order, ordinance, or resolution by a Board or Commission of the Town may request review by the Circuit Court pursuant to the laws of the State of Florida within 30 days after rendition of such written decision.

(Ord. 2018-24, passed 4-1-19)

If any person is in doubt whether rights have vested for a proposed development on property owned by that person, based on the granting of any Development Order by the Town or any of its Commissions, agencies, or departments, the property owner may request a determination from the Town Commission. For the purposes of this provision the term "Vested Rights" shall be interpreted to include those rights obtained by a property owner who: 1) in good faith; 2) upon some act or omission of the government; 3) has made such a substantial change in position by incurring such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the acquired right. In making its determination the Town Commission shall hold a public hearing after full payment of an application fee as set forth by resolution of the Town Commission and required public notice and assess each request for a Vested Rights interpretation on the particular facts relating to that case. Notwithstanding anything in this provision to the contrary, if the Town of Longboat Key shows that a new peril to the health, safety, morals, or general welfare of the residents or property in the Town of Longboat Key has arisen subsequent to the approval of any Development Order, the Development Order may be revoked.

(Ord. 2018-24, passed 4-1-19)