(a)

An administrative official to be known as the zoning administrator, designated by the city manager, shall administer and enforce this chapter. The zoning administrator is authorized to act through aides and assistants. In the performance of his duties, the zoning administrator may request the assistance of any appropriate officer or agency of the city.

(b)

He shall investigate promptly complaints of violations, reporting his findings and actions to complainants, and shall use his best endeavors to prevent violations or to detect and secure the correction of violations. If he finds that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; or discontinuance of any illegal work being done; or shall take any other lawful action authorized by this chapter necessary to ensure compliance with or to prevent violation of this chapter.

(c)

The zoning administrator shall maintain written records of all official actions of his office with relation to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and such records shall be a public record.

(Code 1981, app. C, § 26-10(1))

The zoning administrator shall be responsible for determining whether applications for building permits as required by the building code of the city are in accord with the requirements of this chapter, and no building permit shall be issued without written certification by the zoning administration that plans submitted conform to applicable zoning regulations. No building permit shall be issued by the zoning administrator except in conformity with the provisions of this chapter unless he shall receive a written order in the form of an interpretation, variance or conditional use as provided by this chapter or unless he shall receive written order from a court of competent jurisdiction.

(Code 1981, app. C, § 26-10(2))

All applications for building permits as required by the building code of the city shall be accompanied by site and construction plans drawn to scale, showing the actual shape, dimensions and elevation of the lot to be built upon; the exact sizes and locations on the lot of the buildings to be erected or altered; the existing use of buildings on the lot, if any; the intended use of each building or part thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine and provide for the enforcement of this chapter. The application shall be accompanied by a survey of the lot, made by a land surveyor licensed in the state. All property stakes shall be in place at the time of application.

(Code 1981, app. C, § 26-10(3))

It shall be unlawful to use or occupy, or permit the use of occupancy, of any building, premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the proposed use of the structure or land conforms to the requirements of this chapter.

(Code 1981, app. C, § 26-10(4))

The zoning administrator shall maintain a written record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

(Code 1981, app. C, § 26-10(5))

Failure to obtain a certificate of zoning compliance as set out in this chapter shall be a violation of this chapter and punishable as provided by this chapter.

(Code 1981, app. C, § 26-10(6))

(a)

Building permits or certificates of zoning compliance issued on the basis of plans and specifications approved by the zoning administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction different from that authorized shall be deemed a violation of this chapter and punishable as set out in this chapter.

(b)

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of an application by the zoning administrator shall in no way exempt the applicant from strict observance of applicable provisions of this chapter and all other applicable regulations, ordinances, codes and laws.

(c)

A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, and the city shall have the power to revoke such permit.

(Code 1981, app. C, § 26-10(7))

(a)

Generally. The regulations, restrictions, procedures, official zoning map, official schedule of district regulations, and other material set out in this chapter may from time to time be amended, supplemented, changed or repealed. Procedures and standards shall be as set out in this section.

(b)

Initiation of proposals for amendments. A zoning amendment may be proposed by:

(1)

The city commission.

(2)

The planning board.

(3)

The board of zoning appeals.

(4)

The city manager or any other department or board of the city.

(5)

Any person other than those listed in subsection (b)(1), (2), (3) or (4) of this section; provided, however, that no such person shall propose an amendment for the rezoning of property which he does not own except as agent or attorney for an owner.

All proposals for zoning amendments shall be submitted in writing to the office of the zoning administrator accompanied by all pertinent information which may be required by the planning board for proper consideration of the matter, along with, for persons under subsection (b)(5) of this section, the payment of such fees and charges as have been established by the city commission. The zoning administrator shall submit such proposals for amendments to the planning board for review and recommendation.

(c)

Notice and hearing requirements generally. No request for amendment may be considered by the planning board until such time as the notice and hearing requirements provided in F.S. § 166.041(3) have been complied with.

(d)

Notice where proposed amendment would change zoning classification of land.

(1)

In addition, in the case of an application for the rezoning of land, a sign shall be posted on the land which is the subject of the hearing at least 15 days prior to the date of the public hearing. The sign to be posted on the land shall measure at least ten inches by 16 inches and shall contain substantially the following language:

A PUBLIC HEARING CONCERNING THE REZONING OF THIS PROPERTY FROM _____ TO _____ WILL BE HELD BY THE PLANNING BOARD OF THE CITY OF PALATKA ON   (Date)   AT   (Time)  . CALL   (Phone Number)   FOR INFORMATION.

(2)

It shall be a violation of this chapter for any person to remove or deface any such poster until the city commission has acted on the petition to rezone.

(3)

The sign shall be erected in full view of the public on each street side of the land by the zoning administrator. Where the property for which rezoning is sought is landlocked, the sign shall be erected on the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the property for which rezoning is sought.

(4)

Notice of the time and place of the public hearing by the planning board shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any, and to all owners of property, any portion of which is located within 150 feet of the land for which rezoning is sought. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the city. Failure of a property owner to receive mail notice shall not invalidate the hearing or subsequent action related thereto.

(e)

Submission of report by planning board. Within 60 days from the date a proposed zoning amendment is submitted to the planning board, unless a longer time is mutually agreed upon between the city commission and the planning board in the particular matter, the planning board shall submit its report and recommendation to city commission. If the planning board does not submit its report and recommendations within the prescribed time, all records of the planning board on the request shall be certified to the city commission, which then may proceed to action on the proposed amendment without further awaiting the report or recommendation of the planning board.

(f)

Requirements for planning board report.

(1)

When pertaining to the rezoning of land, the report and recommendations of the planning board to the city commission required by subsection (e) of this section shall show that the planning board has studied and considered the proposed change in relation to the following, where applicable:

a.

Whether the proposed change is in conformity with the comprehensive plan.

b.

The existing land use pattern.

c.

Possible creation of an isolated district unrelated to adjacent and nearby districts.

d.

The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc.

e.

Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.

f.

Whether changed or changing conditions make the passage of the proposed amendment necessary.

g.

Whether the proposed change will adversely influence living conditions in the neighborhood.

h.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety.

i.

Whether the proposed change will create a drainage problem.

j.

Whether the proposed change will seriously reduce light and air to adjacent areas.

k.

Whether the proposed change will adversely affect property values in the adjacent area.

l.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.

m.

Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

n.

Whether there are substantial reasons why the property cannot be used in accord with existing zoning.

o.

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

p.

Whether it is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

q.

The recommendation of the historical review board for any change to the boundaries of an HD zoning district or any change to a district underlying an HD zoning district.

(2)

When pertaining to other proposed amendments of this chapter, the planning board shall consider and study:

a.

The need and justification for the change.

b.

The relationship of the proposed amendment to the purposes and objectives of the city's comprehensive planning program and to the comprehensive plan, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and other city ordinances, regulations and actions designed to implement the comprehensive plan.

(g)

Status of planning board report and recommendations. The report and recommendations of the planning board required by subsections (e) and (f) of this section shall be advisory only and shall not be binding upon the city commission.

(h)

Action by city commission.

(1)

Upon receipt of the planning board report and recommendations, the city commission shall hold a second public hearing, with notice to be given pursuant to the provisions of general law.

(2)

In the case of all proposed changes or amendments, if the recommendation of the planning board is adverse to the proposal, such changes or amendments shall not be adopted except by the affirmative vote of four members of the city commission.

(i)

Reapplication for rezoning of property. Whenever the city commission has denied an application for the rezoning of property, the planning board shall not thereafter consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action.

(j)

Waiver of reapplication time limit. The time limits of subsection (i) of this section may be waived by four affirmative votes of the city commission when such action is deemed necessary to prevent injustice or to facilitate the proper development of the city.

(Code 1981, app. C, § 26-13)

(a)

The city commission hereby establishes a schedule of fees for matters pertaining to this chapter. It is the intent of this chapter that the city shall not be required to bear the cost of applications or petitions under this chapter, and that the fees provided for in this section represent the cost of legal advertising, postage and other miscellaneous costs involved in the processing of applications and petitions.

(b)

The fee shall be paid by the applicant at the time of initial application. All applications and corresponding fees must be submitted to the office of the zoning administrator. Applications will not be considered complete without the appropriate fee payment.

(c)

The schedule of fees shall be kept on file in the office of the zoning administrator. The fees may be changed by resolution of the city commission and are not subject to the procedure for amendment set out in section 94-38.

(d)

The fees referred to in this section shall be as set out in appendix A to this Code, as amended from time to time.

(Code 1981, app. C, § 26-14)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint, which shall be in writing. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning administrator. The zoning administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter. The zoning administrator shall maintain as a public record in the administrator's office the disposition made of the complaint.

(Code 1981, app. C, § 26-16)

(a)

Violation of the provisions of this chapter, or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, shall be punishable in accordance with section 1-10.

(b)

Nothing contained in this section shall prevent the city from taking such other lawful action, including but not limited to resort to equitable action, as is necessary to prevent or remedy any violation.

(c)

The owner or tenant of any building, structure, premises or part thereof, and any architect, building contractor, agent or other person, who commits, participates in, assists in or maintains any violation of this chapter may each be found guilty of a separate offense and suffer the penalties provided in this section.

(Code 1981, app. C, § 26-17)

Any prosecution arising from a violation of any prior zoning regulation of the city superseded by this chapter, which prosecution was pending at the effective date of the ordinance from which this chapter is derived, or any prosecution which may be begun within one year after the effective date of the ordinance from which this chapter is derived in consequence of any violation of any prior zoning regulation superseded by this chapter, which violation was committed prior to the effective date of the ordinance from which this chapter is derived, shall be tried and determined exactly as if such prior zoning regulation had not been superseded.

(Code 1981, app. C, § 26-18)

(a)

There is hereby established a board of zoning appeals consisting of seven members appointed by the city commission. The members of the board shall serve as follows:

(b)

Each member shall serve for a term of five years. Vacancies shall be filled by the city commission for the unexpired term. Any member may be removed by the city commission for cause after written charges have been filed and after a public hearing has been held, if such a hearing is demanded by the member so charged.

(c)

The board of zoning appeals shall each year select from its members a chairperson and vice-chairperson.

(d)

The chairperson, or in his absence the vice-chairperson, may administer oaths. The board shall also appoint a secretary to keep minutes and maintain the records of the board of zoning appeals.

(Code 1981, app. C, § 26-11(1))

All meetings of the board of zoning appeals and all hearings shall be open to the public. Meeting shall be held at the call of the chairperson and at such other times as a majority of the board may determine. The minutes of the proceedings shall show the vote of each member upon every question decided by the board; or, if any member is absent or fails to vote, shall so indicate. A statement of the findings by the board shall be included in the minutes as to each case heard or considered by it. The board shall adopt its own rules of procedure, and a copy of such rules and all amendments thereto shall be filed in the office of the city clerk. The minutes of the board shall be open to public examination at reasonable hours. Expenses incurred by the board are to be itemized and shall be borne by the city, except as may be specified in this division.

(Code 1981, app. C, § 26-11(2))

(a)

The board of zoning appeals as created in this division is a body of limited powers. The board shall hear and decide appeals from and review any order, requirement, decision or determination made by the zoning administrator.

(b)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the officer from whom an appeal is taken to decide in favor of the applicant any matter in which the board is required to pass under the provisions of this chapter.

(Code 1981, app. C, § 26-11(3))

If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided that the board of zoning appeals shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accord with the intent and purpose of this chapter.

(Code 1981, app. C, § 26-11(4))

Any person aggrieved by a ruling of the zoning administrator or any officer, department, board or bureau of the city concerning the interpretation, administration or enforcement of this chapter may appeal to the board of zoning appeals. Such appeal shall be taken within 30 days, by filing with the board of zoning appeals a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. The board of zoning appeals may provide or prescribe the form upon which such appeals shall be filed. The zoning administrator shall forthwith transmit to the board all of the papers constituting his record concerning the action from which appeal was taken.

(Code 1981, app. C, § 26-11(5))

An appeal under section 94-65 shall stay all proceedings unless the official certifies to the board of zoning appeals, after the notice of appeal has been filed with him, that, by reason of facts which he shall set forth in his certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of zoning appeals or by a court of competent jurisdiction on application, with notice to the zoning administrator.

(Code 1981, app. C, § 26-11(6))

The board of zoning appeals may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. Variances may be granted on development standards requirements only.

(Code 1981, app. C, § 26-11(7))

No variance shall be allowed:

(1)

To permit a nonconforming use, except as otherwise provided in this chapter, in any district.

(2)

To permit a billboard to be erected or maintained.

(Code 1981, app. C, § 26-11(8))

(a)

Decisions, findings and recommendations of the board of zoning appeals shall be reached only after a public hearing and after notice has been given by mail to the applicant. The board of zoning appeals shall fix a reasonable time and place for the hearing of appeals and shall hear and decide the appeal within a reasonable time. Public notice shall be given of the time and place of such public hearing. Such notice shall contain the address or location of the property concerned for which a hearing by the board is sought, as well as a brief description of the nature of the application.

(b)

At the hearing, parties may appear in person or by agent or attorney. The board of zoning appeals may, after such hearing, reverse or affirm, wholly or in part, or may modify the ruling, order, requirement, decision or determination appealed from, to conform with its conclusion as to the action which ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken; but shall not by such action vary from the scope, terms and intent of this chapter.

(Code 1981, app. C, § 26-11(9))

Action taken by the board of zoning appeals to approve or deny a variance shall be deemed final, unless a request is filed with the city clerk within 30 days from the date of such board decision, requesting the city commission to review such decision. Any person aggrieved by an action of the city commission affirming, modifying or reversing such board decision may seek recourse to the courts as provided by the laws of the state.

(Code 1981, app. C, § 26-11(10); Ord. No. 98-14, § 1, 8-25-1998)

Variances shall be considered for development standards only unless otherwise authorized in this chapter and other chapters of the Municipal Code. The following criteria shall be utilized in evaluating a requested variance:

(1)

Special conditions and circumstances exist such as size, shape, topography, or other unique features that are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same vicinity or zoning district;

(2)

Such conditions and circumstances were not the result of the affirmative actions of the applicant and the applicant has acted in good faith;

(3)

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

(4)

Literal interpretation and enforcement of the applicable standard would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Municipal Code, and would work unnecessary and undue hardship on the applicant;

(5)

No variance may be granted for a use of land or building that is not permitted;

(6)

The variance shall be the minimum variance necessary to alleviate the hardship; and

(7)

The variance would not cause substantial detriment to the public health, welfare, and safety of surrounding properties and community.

(Ord. No. 11-73, § 1, 11-10-2011)

The board of zoning appeals shall utilize the following criteria in considering sign variance requests:

(1)

That sign size or height limitations cause an exceptional and unique hardship.

(2)

That the unique hardship is not due solely to the owner's actions.

(3)

That the variance authorized will be compatible with the physical characteristics of the neighborhood.

(Ord. No. 11-24, § 2, 8-25-2011)