The provisions of this code shall be administered by the zoning administrator who shall be designated by the city clerk. If the zoning administrator finds that any provision of this zoning code is being violated, the zoning administrator shall notify, in writing, the person responsible for such violation, stating the nature of the violation and ordering the action necessary to correct it.

The zoning administrator shall order the discontinuance of any illegal use of land, buildings, or structures; alterations or structural changes thereof; discontinuance of any illegal work being done; or shall take any other action authorized by this code to ensure compliance with or prevent violation of its provisions.

In addition to the above-described responsibilities, the zoning administrator is responsible and has the authority to perform the following:

(a)

Conduct such inspections of buildings, structures, and use of land as are necessary to determine compliance with the terms of this code;

(b)

Maintain permanent and current records of documents and proceedings under this code;

(c)

Provide and maintain a continuing program of education and public information on zoning matters;

(d)

Receive, file, and transmit to the board of adjustment, the planning and zoning board or the city commission, all appeals and all applications for variances, amendments, and special permits, and other matters on which the board of adjustment, the planning and zoning board or city commission are authorized to act under the provisions of this code.

(e)

Prescribe, and from time to time, revise such forms as may be necessary to carry out the intent of this code.

(Ord. No. 2024-04, § 2, 11-18-24)

For the purpose of establishing and maintaining sound, stable, and desirable development within the City of Palmetto, this code shall not be amended except to correct a manifest error in the code or because of changed or changing conditions in a particular area or in the city generally, to rezone an area, extend the boundary of an existing zoning district, or to change the regulations and restrictions thereof, and then, only as reasonably necessary for the promotion of the public health, safety, or general welfare, and to achieve the purposes of and to achieve conformance with the comprehensive plan.

An amendment to this code may be initiated by:

(a)

City commission;

(b)

The planning and zoning board;

(c)

The zoning administrator or other city staff; or

(d)

Any property owner or his or her representative; a citizen or his or her representative.

(Ord. No. 2024-04, § 2, 11-18-24)

(a)

All applications for amendments shall be submitted to the zoning administrator. The zoning administrator shall distribute application to appropriate staff for review and recommendation.

(b)

All proposed zoning amendments and changes to restrictions or regulations to be enforced therein shall be submitted to the planning and zoning board for study and recommendation. The planning and zoning board shall study such proposals to determine:

(1)

The need and justification for the change;

(2)

The effect of the change, if any, on the particular property and on surrounding properties;

(3)

The amount of undeveloped land in the general area and in the city having the same classification as that requested; and

(4)

The relationship of the proposed amendment to the purposes of the comprehensive plan with appropriate consideration as to whether the proposed change will further the purposes of this code and the comprehensive plan.

(c)

Upon receipt of the planning and zoning board recommendation, city commission shall authorize ordinance preparation. Such authorization does not constitute amendment approval; rather, it sets the hearing procedure before city commission in motion. If city commission does not act upon the planning and zoning board recommendation within six (6) months of receipt, the petition upon which the recommendation was based shall be deemed to have been denied.

(Ord. No. 2024-04, § 2, 11-18-24)

(a)

Planning and zoning board public hearing: No recommendation for a zoning change or amendment to the restrictions or regulations to be enforced therein may be considered by the planning and zoning board until public notice has been given of a public hearing. In case of a request for a zoning change or restrictions or regulations to be enforced therein affecting particular property or properties, notice of the public hearing shall include:

(1)

Notice in a newspaper of general circulation in the City of Palmetto at least ten (10) days prior to the public hearing;

(2)

Notice shall be sent by regular mail at least ten (10) days prior to the public hearing to property owners, according to the latest ad valorem tax records, of every abutting or adjacent parcel of land excluding roads or streets, in all directions from the property line of the land upon which the applicant requests a change in the district zoning classification; and

(3)

In the case of a request to rezone a parcel of land, a sign shall be posted at least ten (10) days before the planning and zoning board public hearing containing language as provided by the City of Palmetto.

(4)

Public hearings related to comprehensive plan amendments shall be as provided in F.S. chapter 163 for the local planning agency. Additional notice for future land use map amendments shall be provided as set forth in subsections 11.5(a)(2) and (3).

(b)

City commission public hearing—Property owner/agent initiated amendment: No decision for a zoning change or amendment to this Code shall be made by the city commission until public notice has been given for the public hearing. Notice shall include:

(1)

Notice in a newspaper of general circulation in the City of Palmetto at least ten (10) days prior to the public hearing. The notice of proposed amendment shall state the date, time, and place of the public hearing, the title or titles of proposed amendments, and the place or places within the City of Palmetto where such proposed amendments may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the proposed amendment;

(2)

Notice shall be sent by regular or registered mail at least ten (10) days prior to the public hearing to property owners, according to the latest ad valorem tax records, of every abutting or adjacent parcel of land excluding roads and streets, in all directions from the property line of the land upon which the applicant requests a change in the district zoning classification; and

(3)

In the case of a request to rezone a parcel of land, a sign shall be posted at least ten (10) days before the city commission public hearing, containing a sign as provided by the City of Palmetto. Such sign shall be at or adjacent to the subject parcel and visible at eye level from the public right-of-way.

(c)

City commission public hearing—City initiated amendment: Amendments that change the actual list of permitted, conditional or prohibited uses within a zoning category, or amendments initiated by the City of Palmetto that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:

(1)

Where the proposed amendment changes the actual zoning map designation of a parcel or parcels of land involving less than ten (10) contiguous acres of the City of Palmetto, the city commission shall direct the city clerk to notify by regular mail each real property owner whose land the City of Palmetto will redesignate by enactment of the amendment and whose address is known by reference to the latest ad valorem tax records. Notice by the city clerk shall state the substance of the proposed amendment as it affects that property owner and shall set a time and place for one (1) or more public hearings on such amendment. Such notice shall be given at least thirty (30) days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. The city commission shall hold a public hearing on the proposed amendment and may, upon the conclusion of the hearing, immediately adopt the amendment.

(2)

Where the proposed amendment changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving ten (10) contiguous acres or more of the City of Palmetto, the city commission shall provide for public notice and hearings as follows:

(3)

The city commission shall hold two (2) advertised public hearings on the proposed amendment. At least one (1) public hearing shall be held after 5:00 p.m. on a weekday, unless the city commission, by a majority plus one (1) vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least seven (7) days after the day that the first advertisement is published. The second public hearing shall be held at least ten (10) days after the first public hearing and shall be advertised at least five (5) days prior to the public hearing; and

(4)

The required advertisements shall be published in a newspaper of general circulation in the City of Palmetto and shall use the procedures established in F.S. chapter 166.

(d)

Amendments related to comprehensive plan amendments shall be provided in F.S. chapter 163. Future land use map amendments shall have additional notices provided as set forth in subsections 11-5(b)(2) and (3).

(Ord. No. 2011-15, § 2, 8-15-11)

City commission shall establish a schedule of fees, charges, and expenses and a collection procedure for appeals and other matters pertaining to this Code.

No application for variance or rezoning shall be accepted unless or until charges and fees have been paid in full. City initiated petitions shall not be subject to such charges and fees. Fees may be waived for an applicant who presents a certificate from the director of the county welfare department stating that the applicant is qualified to receive either federal, state, or county welfare assistance and is unable to afford the subject application fee.

(Ord. No. 2024-04, § 2, 11-18-24)

No amendment to rezone property shall contain conditions, limitations, or requirements not applicable to all other property in the district to which the particular property is rezoned, except that planned development rezonings shall not be subject to the limitations of this section.

Whenever city commission has taken action to deny a petition to rezone property, the city shall not:

(a)

Consider any further petition for the same rezoning of all or any part of the same property for a period of one (1) year from the date of such action;

(b)

Consider a petition for any kind of zoning on all or any part of the same property for a period of one (1) year from the date of such action.

Whenever city commission has, by amendment, changed the zoning of any property, the planning and zoning board shall not consider any petition for rezoning of all or any part of the same property for a period of six (6) months from the effective date of the amendatory ordinance.

The time limits of this subsection may be waived by city commission when such action is deemed necessary to prevent injustice or to facilitate property development.

(Ord. No. 2024-04, § 2, 11-18-24)

(a)

The director of public works, or the director's designee, shall be generally responsible for interpretation of this code and shall maintain adequate written records of all such interpretations.

(b)

Persons may apply to the director of public works, or the director's designee for written interpretation of portions of this Code or for administrative permits for such minor uses as may be specifically authorized herein.

(c)

All permits not otherwise to be considered for review and approval by the city commission or the planning and zoning board pursuant to this code shall be issued by the director of public works, or the director's designee.

(d)

Any person aggrieved by a decision of the director of public works, or the director's designee, may, within sixty (60) days or such reasonable lesser period as may be provided by the rules of the planning and zoning board, appeal said decision to the director, or the director's designee, to the planning and Zoning Board in a manner similar to that set out in section 12.4 of this Code. Further, appeals of the planning and zoning board decision to the city commission may be taken pursuant to subsection 12.4(d) of this Code.

(e)

An appeal stays all proceedings.

(Ord. No. 2013-05, § 2.B., 4-15-13)

The director of public works or the director's designee, with the assistance of appropriate city staff members and representatives, shall review applications for development and submit written findings, recommendations or comments, proposed conditions of approval, and such other matters relating to development approval or the issuance of a development order in keeping with the city's codes.

(Ord. No. 2011-32, § 2, 12-5-11)

Editor's note— Ord. No. 2011-32, § 2, adopted Dec. 5, 2011, amended § 11.9 in its entirety to read as set out herein. Former § 11.9 pertained to development review committee established and derived from Ord. No. 657, § I, adopted Oct. 18, 1999; Ord. No. 04-800, § 2, adopted April 26, 2004.

Review of applications for development shall be coordinated by the director of public works or the director's designee, at their discretion. Depending on the complexity of the development issues involved and the need to specifically address required stipulations and conditions the director of public works or the director's designee may require the attendance of the applicant or the applicant's agent at a meeting to review the application for development approval, and may invite appropriate staff members and representatives to assist in the review. An applicant may also request a meeting with the director of public works or the director's designee to facilitate communication and understanding of various issues involved in the development approval process in addition to any mandatory review.

(Ord. No. 2011-32, § 3, 12-5-11)

Editor's note— Ord. No. 2011-32, § 3, adopted Dec. 5, 2011, amended § 11.10 in its entirety to read as set out herein. Former § 11.10 pertained to DRC procedures and derived from Ord. No. 657, § I, adopted Oct. 18, 1999.

Within a reasonable period of time after receipt of a completed application and any responses for additional information from the applicant and other city staff members, the director of public works or the director's designee shall prepare an appropriate staff report. If the application is to be reviewed by the planning and zoning board and city commission, the staff report and recommendation shall be forwarded to the planning and zoning board for its recommendation, and subsequently transmitted to the city commission with the addition of the recommendation of the planning and zoning board. The director of public works or their designee, may, from time to time, present information to the city commission regarding development proposals and their status for developments which do not have city commission review. This information should be provided to the city commission after the initial staff review for significant developments.

(Ord. No. 2011-32, § 4, 12-5-11)

Editor's note— Ord. No. 2011-32, § 4, adopted Dec. 5, 2011, amended § 11.11 in its entirety to read as set out herein. Former § 11.11 pertained to action by DRC and derived from Ord. No. 657, § I, adopted Oct. 18, 1999; Ord. No. 04-800, § 3, adopted April 26, 2004.

The submission of an application for development approval shall confirm and authorize the right of reasonable entry to the premises, lot, parcel or property associated with the development approval request by representatives of the city.

(Ord. No. 657, § I, 10-18-99; Ord. No. 2011-32, § 5, 12-5-11)

Editor's note— Ord. No. 2011-32, § 6, adopted Dec. 5, 2011, repealed § 11.13 in its entirety. Former § 11.13 pertained to DRC rules and derived from Ord. No. 657, § I, adopted Oct. 18, 1999.

(a)

Applications for development approval shall undergo CPTED review except for requests to construct one (1) single-family dwelling or one (1) duplex. The CPTED review must be completed and signed by a person from law enforcement or city staff member trained in CPTED. The CPTED designated person shall have successfully completed forty (40) hours of basic CPTED training. Compliance with the comments noted by the CPTED reviewers shall be voluntary for sites not owned or controlled by the city. To the extent such comments are consistent with the provisions of the City Code of Ordinances, compliance with comments noted by the CPTED reviewers shall be mandatory for all sites owned or leased by the city. Comments noted by the CPTED reviewers, shall be incorporated into the staff report.

(b)

The CPTED review performed by the individuals set forth above shall encompass the following CPTED principles:

(1)

Provisions of natural surveillance, such as:

a.

The placement and design of physical features to maximize visibility. This will include building orientation, windows, entrances and exits, parking lots, walkways, guard gates, landscape trees and shrubs, fences or walls signage and other physical obstructions; and

b.

The placement of persons and/or activities to maximize surveillance possibilities.

(2)

Provision for natural access control, such as:

a.

The use of sidewalks, pavement, lighting and landscaping to clearly guide the public to and from entrances and exits; and

b.

The use of fences, walls or landscaping to prevent and or discourage public access to or from dark and/or unmonitored acres.

(3)

Provision of territorial reinforcement, such as the use of pavement treatments, landscaping, art, signage, screening and fences to define and outline ownership of property.

(4)

Maintenance, such as the use of low maintenance landscaping and lighting treatment to facilitate the CPTED principles of natural surveillance, natural access control and territorial reinforcement.

(Ord. No. 06-879, § 2, 2-27-06; Ord. No. 2011-32, § 7, 12-5-11)