Palm Shores City Zoning Code

AMENDMENTS

§ 157.115 CONDITIONAL USES.

(A) The Town Council may permit a conditional use as provided herein, by ordinance granting permission for the use after a public hearing before the Planning and Zoning Board at which persons interested shall be accorded an opportunity to be heard. Any ordinance permitting conditional uses as provided herein shall be construed as permitting only the specifically named or described conditional use, and not any other conditional use. Any property or premises designated upon the zoning map by the letter symbol “CU” alone shall be restricted to the specific conditional use permitted and may used for no other use whatsoever. Any property or premises designated by the letter symbol “CU” before and in conjunction with the letter symbol for a zoning district shall be restricted to a use for that particular conditional use specified or the use permitted in the designated use district, i.e. the letter “C-R-1A” shall denote a conditional use permitted in an R-1A use district and the premises so designated may be used only for the specific conditional use permitted in that district.

(B) In granting any conditional use, the Town Council shall prescribe any conditions that it deems necessary to or desirable for, the public interest. A conditional use shall not be permitted by the Town Council unless and until:

(1) A written application for the conditional use, on a form prescribed by the town, and a site plan drawn to scale, signed and sealed by any of the following professionals registered in the state as a land surveyor, landscape architect, architect or engineer shall be required;

(2) All applications for a conditional use shall be reviewed for sufficiency by the Town Clerk, forwarded to the town planner for review, recommendation, report, scheduling and submittal to the Planning and Zoning Board who shall study and make written recommendations to the Council, which recommendations shall become a part of the official record of the town in connection with the application;

(3) Upon receipt of the application, a date shall be set for a public hearing before the Planning and Zoning Board at which parties in interest and citizens shall have an opportunity to be heard. The Clerk shall cause a copy of the notice to be posted on the property by the applicant for which a conditional use is sought and at the Town Hall. Public hearing notice before the Town Council for the adoption of a proposed ordinance approving the conditional land shall be provided as required by F.S. Ch. 166, as amended from time to time. In addition notice of public hearing for the adoption of a proposed ordinance approving the conditional land use shall be posted at least seven days in advance of such hearing before the Town Council at the Town Hall. All notices shall state in substance the conditional use desired and a legal description of the property;

(4) The applicant shall provide a map, along with the names and addresses of all property owners within a 500 foot radius and will be responsible for paying for notices to be sent to all adjacent owners of record. However, failure of an adjacent owner to receive notice as mailed by the Town Clerk shall not affect any action or proceedings taken hereunder; or

(5) At the time and place set forth in the notice herein above referred to, the Planning and Zoning Board shall conduct a public hearing to consider the request for the conditional use desired. Any party may appear in person or be represented by counsel at the public hearing. At the time of the public hearing and in no event later than one week from the date thereof, the Board shall cause the submittal of the request for a conditional use together with their written recommendations to be forwarded to the Town Council. As a conditional use request is a quasi-judicial hearing, the Board and Town Council may only act upon the evidence produced at the public hearing and shall disclose for the record any ex-parte communications regarding the request.

(C) No conditional use shall be recommended by the Planning and Zoning Board, nor granted by the Council, unless a determination be made that the conditional use requested will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will be in harmony with the general purpose of this chapter. In making this determination, the Planning and Zoning Board and Council shall take into account the character and uses of adjoining buildings and lands and those in the vicinity, the number of persons residing or working in the buildings or upon the land and traffic conditions in the vicinity.

(D) Before any conditional use is recommended by the Planning and Zoning Board or approved by the Town Council, each body shall make written findings certifying compliance with the specific rules governing individual conditional uses which at a minimum include consideration of the following provisions:

(1) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, access in case of fire or catastrophe;

(2) Off-street parking and loading areas where required;

(3) Economic, noise, glare or odor effects of the request on adjoining properties and properties generally in the district;

(4) Refuse and services areas;

(5) Utilities, with reference to locations, availability and compatibility;

(6) Screening and buffering with reference to type, dimensions and character;

(7) Signs, proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(8) Required yards and other open space;

(9) Height;

(10) Landscaping;

(11) Renewal and/or termination dates; and

(12) The use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks, its relationship to land values, consistency with the town’s comprehensive plan and future land use map and other factors that may be used to measure compatibility with the surrounding areas.

(E) After the public hearing before the Planning and Zoning Board and upon receipt of their written recommendation, the Council may by ordinance grant permission for the conditional use and in doing so may prescribe appropriate conditions and safeguards in conformity with this chapter.

(F) Violations of the conditions and safeguards, when made a part of the terms under which the conditional use is granted shall be deemed a violation of this chapter and punishable as provided by law. The Council may provide a time period with which action must be commenced in connection with the conditional use, and may further provide that upon failure to implement or cessation of the conditional use for a continuous period of six months, the use of the premises shall revert to the previous and more restricted use classification.

(2000 Code, § 66-170) (Ord. 99-02, passed 3-23-1999; Ord. 2013-05, passed 3-26-2013) Penalty, see § 157.999

§ 157.116 PROCEDURE.

The procedure for amendment of this chapter shall be as follows:

(A) A district boundary change may be initiated by:

(1) The owners of at least 75% of the property described in the application;

(2) Tenants, with the owner’s sworn-to consent;

(3) Duly authorized agents, evidenced by a written power of attorney;

(4) Town Council;

(5) Planning and Zoning Board; and/or

(6) Any department or agency of the town.

(B) Any amendment to this chapter other than a district boundary change may be proposed by:

(1) The Town Council;

(2) The Planning and Zoning Board;

(3) Any department or agency of the town; and/or

(4) Any individual, corporation or agency.

(C) All proposed amendments shall be submitted to the Planning and Zoning Board, which shall study the proposals to determine:

(1) The need and justification for the change;

(2) When pertaining to the rezoning of land, the effect of the change, if any, on the particular property and on surrounding properties;

(3) When pertaining to the rezoning of land, the amount of undeveloped land in the general area and in the town having the same classification as that requested; and

(4) The relationship of the proposed amendment to the purpose of the town plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan.

(D) No recommendation for change or amendment may be made by the Planning and Zoning Board until due public notice has been given of a public hearing. Public hearing notice before the Planning and Zoning Board shall be given at least 15 days in advance of the hearing by posting such notice at the Town Hall. Public hearing notice before the Town Council for the adoption of an ordinance amending Chapter 157 shall be provided as required by F.S. Ch. 166, as amended from time to time. In addition notice of public hearing shall be posted at least seven days in advance of such hearing before the Town Council at the Town Hall.

(E) A notice shall be mailed to the property owners of record within a radius of 500 feet; however, failure to receive the notice shall not affect any action or proceedings taken under this section.

(F) When any proposed change of a zoning district boundary lies within 500 feet of the boundary of an incorporated or unincorporated area, notice shall be forwarded to the Planning Board or governing body of the incorporated or unincorporated areas in order to give the body an opportunity to appear at the hearing and express its opinion on the effect of the district boundary change.

(G) The Planning and Zoning Board shall submit the request for change or amendment to the Town Council with written reasons for its recommendation.

(H) The Town Council shall hold public hearings on the recommendation of the Planning and Zoning Board, giving public notice under the same procedure specified in divisions (D) through (F) above of this section.

(2000 Code, § 66-171) (Ord. 75-01, passed 7-14-1975; Ord. 2013-05, passed 3-26-2013)

§ 157.117 LIMITATIONS.

No proposal for zoning change or amendment affecting particular property shall contain conditions, limitations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned.

(2000 Code, § 66-172) (Ord. 75-01, passed 7-14-1975)

§ 157.118 PROTEST BY PROPERTY OWNERS.

In case of a protest petition against a change in zoning classification of a particular property signed by the owners of 20% or more either of the area of the lots included in the proposed change, or of those immediately adjacent extending 500 feet from the property, the amendment shall not become effective except by the favorable vote of four members of the Town Council.

(2000 Code, § 66-173) (Ord. 75-01, passed 7-14-1975)

§ 157.119 MODIFICATION OF DISTRICT BOUNDARY CHANGES.

If a request for a district boundary change is for a district more liberal than the existing district, and the Planning and Zoning Board or Town Council determines that the request should be denied, the Planning and Zoning Board may recommend and/or the Town Council may change the district classification for the property to any district classification that is less restrictive than the requested zoning classification.

(2000 Code, § 66-174) (Ord. 75-01, passed 7-14-1975)

§ 157.120 RECONSIDERATION OF DISTRICT BOUNDARY CHANGES.

When a proposed change in district boundaries has been acted upon by the Town Council and disapproved or failed to pass, the proposed change, in the same or substantially similar form, shall not be reconsidered by the Town Council for a period of six months. The restriction shall not apply to the property owner if the original request was initiated by the Town Council, Planning and Zoning Board or any department or agency of the town.

(2000 Code, § 66-175) (Ord. 75-01, passed 7-14-1975)

§ 157.121 PROCEDURES FOR QUASI-JUDICIAL HEARINGS; EX PARTE COMMUNICATIONS, SITE VISITS; RECEIPT OF EXPERT OPINION, AND REVIEW OF MAIL AND OTHER COMMUNICATIONS.

(A) Intent. Pursuant to F.S. § 286.0115(1), it is the intent of the Town Council that this section is intended to remove the presumption of prejudice from ex parte communications with town officials and to permit site visits, the receipt of expert opinion, and the review of mail and other communications relating to certain quasi-judicial proceedings by the town officials. No permission pursuant to F.S. § 286.0115, to engage in ex parte communications or to conduct site visits, receive expert opinion at other than an advertised public hearing, or to review mail and other communications is authorized by the Town Council pursuant to this section, except for the quasi-judicial matters set forth herein and only to the extent set forth below

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EX PARTE COMMUNICATION. A communication involving a town official and a member of the public, town staff or a town consultant regarding a pending quasi-judicial permit application or appeal, the that the town official may be exposed to only one perspective or part of the evidence with regard to a quasi-judicial matter pending before the Council or Board on which the town official serves

MEMBER OF THE PUBLIC. Any person interested in a quasi-judicial permit application or appeal, including but not limited to a permit applicant, an appellant from a Town Administrator’s decision, an officer or member of a homeowners’ association, an officer or member of an environmental, homebuilding/development or concerned citizens’ organization, an official or employee of a governmental entity other than the town, a developer, a property owner or an interested citizen, or a representative or attorney for any of the foregoing

QUASI-JUDICIAL. Refers to a zoning or building-related permit or appeal or the opening, diverting, narrowing, straightening, widening or vacating of any roadway, alley, easement, public highway, street or right-of-way, as set forth below, in which town officials give notice and an opportunity to be heard to certain substantially affected persons, investigate facts, ascertain the existence of facts, hold hearings, weigh evidence, draw conclusions from the facts, and apply the law to the facts, as the basis for their decision. The following are the only quasi-judicial matters subject to this section:

(a) Site specific rezonings of land pursuant to the town code, which rezoning will have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application rather than policy setting;

(b) Applications for approval or amendment of a conditional use permit pursuant to the town code;

(c) Applications for approval, amendment or extension of time of an approval of a site plan considered by the Town Council and the Planning and Zoning Board pursuant to the town code;

(d) Applications for a special permit issued pursuant to the town code;

(e) Applications for plat approval (preliminary and final) pursuant to the town code;

(f) Applications for a vested rights special permit pursuant to the town code;

(g) Variances considered by the Board of Adjustment:

1. Pursuant to the town code (Zoning Code);

2. Pursuant to the town code (standards for walls and fences); and

3. Pursuant to the town code (signs and advertising).

(h) Variances considered by the Building Board of Adjustment and Appeals:

1. Pursuant to the town code (flood prevention and protection);

2. Pursuant to Town Building Code;

3. Pursuant to Town Plumbing Code;

4. Pursuant to Town Gas Code;

5. Pursuant to Town Mechanical Code; and

6. Pursuant to Town Fire Prevention Code.

(i) Subdivision variances considered by the Town Council and Planning and Zoning Board;

(j) Appeals heard by the Board of Adjustment from an:

1. Interpretation by the code enforcement officer of the vegetation provisions, Chapter 154 of the town code, pursuant to § 31.36 of the town code; and

2. Interpretation of the Zoning Code by the town planner pursuant to the town code.

(k) Appeals heard by the building Board of Adjustments and appeals from a:

1. Determination of the Town Engineer relating to stormwater regulation in the town code;

2. Determination of the Building Official relating to the Town Building Code;

3. Determination of the Building Official relating to the Town Plumbing Code;

4. Determination of the Building Official relating to the Town Gas Code;

5. Determination of the Building Official relating to the Town Mechanical Code; and

6. Determination of the fire official relating to the Town Fire Prevention Code.

(l) Appeals heard by the Town Council from an interpretation of the comprehensive plan by the town planner;

(m) Appeals from planning, zoning, building or other staff officials whose decisions are subject to appeal to the Town Council or other Town Board;

(n) Appeals heard by the Town Council and the local planning agency from a determination regarding concurrency by town staff; and

(o) Applications for the opening, diverting, narrowing, straightening, vacation or widening of any alley, street, public highway, right-of-way, roadway or easement (preliminary and final) pursuant to the town code or F.S. Chs. 166 or 177, or other provisions of law.

SITE VISIT. An inspection of real property subject to an application for any quasi-judicial permit or appeal prior to a public hearing on the permit application or appeal conducted by a town official. The mere act of driving by a site in the daily course of driving to a particular location, such as work or a particular store, which act is not undertaken for the purpose of inspecting a particular parcel of real property is not a site visit for purposes of this section

TOWN OFFICIAL. Refers to a member of the Town Council, the Planning and Zoning Board, the local planning agency, the Board of Adjustment, or the Building Board of Adjustment and Appeals.

(1) Except as otherwise provided in division (C)(4) below, a member of the public not otherwise prohibited by statute, charter provision or ordinance may have an ex parte communication with any town official regarding any quasi-judicial matter on which action may be taken by the Council or Board on which the town official serves; provided, that the town official adheres to the disclosure requirements set forth in division (C)(3) below.

(2) Except as otherwise provided in division (C)(4) below, by statute, charter provision, or ordinance, any town official may have an ex parte communication with any expert witness or consultant regarding any quasi-judicial matter on which action may be taken by the Council or Board on which the town official serves; provided, that the town official adheres to the disclosure requirements set forth in division (C)(3) below.

(3) Disclosure.

(a) The town official shall disclose the occurrence of all ex parte communications involving the town official which relate to the quasi-judicial action pending before the Council or Board on which the town official serves.

(b) Disclosure of the ex parte communication. Disclosure shall occur by no later than the commencement of the final public hearing, or if no formal public hearing is held, then at the commencement of any hearing at which the final decision regarding the quasi-judicial matter is made. The town official shall disclose the ex parte communication verbally or by memorandum. Any memorandum disclosing the occurrence of the ex parte communication shall be placed in the official file regarding the pending quasi-judicial matter which file shall be maintained in the Planning and Zoning Department. By no later than the commencement of the final hearing leading to a final decision on the pending quasi-judicial matter by the town official’s Council or Board, the memorandum shall be made a part of the record.

(c) At the time of disclosure, the town official shall identify the person, group or entity with whom the ex parte communication took place, the substance of the ex parte communication, and any matters discussed which are considered by the town official to be material to the town official’s decision in the pending quasi-judicial matter.

(4) Town officials who are members of the Town Board of Adjustment or the Building Board of Adjustments and Appeals shall not be permitted to engage in ex parte communications with members of the public or to discuss or receive opinions from an expert witness or consultant regarding a quasi-judicial matter pending before the town official’s Board at other than a formally noticed hearing of the Council or Board on which the member serves. In the event that a town official who is a member of the Town Board of Adjustment or the Building Board of Adjustments and appeals engages in an ex parte communication with a member of the public or receives an opinion from an expert witness or consultant, regarding a matter pending before the Board on which the town official serves as a member, the town official is required to disclose the ex parte communication or opinion received from the expert witness or consultant in the manner set forth in division (C)(3) above.

(D) Oral or written communications between town staff and town officials. Town officials may discuss quasi-judicial matters pending before the Council or Board on which the town official serves with town staff; provided that the town official makes a disclosure pursuant to division (C)(3) above.

(E) Site visits by town officials. Any town official may conduct a site visit of any property related to a quasi-judicial matter pending before the Council or Board on which the town official serves; provided, that the town official adheres to the disclosure requirements set forth in division (C)(3) above. Any disclosure of a site visit pursuant to division (C)(3) above shall disclose the existence of the site visit, and any information obtained by virtue of the site visit considered by the town official to be material to the official’s decision regarding the pending quasi-judicial matter.

(F) Review of mail, correspondence, and written communications by town officials. Any town official may review mail, correspondence or written communications, related to a quasi-judicial matter pending before the Council or Board on which the town official serves. Immediately upon review of the mail, correspondence or written communication, the document shall be placed in the official file regarding the pending quasi-judicial matter and maintained in the Planning and Zoning Department.

(G) Planning and Zoning Department file. All correspondence, mail or written communications reviewed by town officials prior to the final hearing on a pending quasi-judicial matter shall be placed in the official file regarding the matter and maintained by the Planning and Zoning Department. The correspondence, mail or written communications reviewed by town officials prior to the final hearing on a pending quasi-judicial matter or any disclosure memoranda as described in division (C)(3)(b) above, shall be available for public inspection. By no later than the commencement of the final public hearing, or if no formal public hearing is held, then at the commencement of any hearing at which the final decision regarding the quasi-judicial matter is made, the town planner shall make the correspondence, mail, written communications or other matters, and any disclosure memoranda placed in the official, a part of the record. All of the foregoing documents shall be received by the Council or Board as evidence, with the exception of disclosure memoranda, subject to any objections interposed by participants at the hearing.

(H) Opportunity to comment upon substance of disclosure. At a time that a disclosure regarding an ex parte communication, receipt of an expert opinion, site visit or review of mail, correspondence or other written communication is made a part of the record at a hearing, persons who may have opinions or evidence contrary to those expressed in the ex parte communication, expert opinion or mail, correspondence or other written communication, or noted during the site visit, shall be given a reasonable opportunity to refute or respond and provide contrasting information, evidence or views.

(Ord. 2002-02, passed 6-25-2002)