Pensacola City Zoning Code

CHAPTER 12

11.- ADMINISTRATION AND ENFORCEMENT

Sec. 12-11-1.- Enforcement.

(a)

Enforcement of the provisions of this title shall be administered by the mayor through the following city officials:

(1)

Chapters 12-1 through 12-5, 12-9 and 12-10. Enforced by the building official.

(2)

Chapter 12-6. Enforced by the parks and recreation director.

(3)

Chapter 12-7. Enforced by the planning services department.

(4)

Chapter 12-8. Enforced by the city engineer and the building official.

(b)

These city officials may be provided with assistance of such other officers and employees of the city as may be necessary to enforce the provisions of this title. If the applicable official finds that any of the provisions of this title are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Code 1986, § 12-12-1; Ord. No. 12-09, § 3, 4-9-2009)

Sec. 12-11-2. - Appeals, modifications, and variances.

(a)

Duties and powers of zoning board of adjustment. The zoning board of adjustment, created pursuant to section 12-12-1, shall have the following duties and powers:

(1)

Appeals. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any provision of this title.

Appeals to the zoning board of adjustment may be filed by any person aggrieved or by any officer or board of the city affected by any decision of an administrative official under this title. Such appeal shall be filed within 30 days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof.

The administrative official from whom the appeal is filed shall, upon notification of the filing of the appeal, forthwith transmit to the zoning board of adjustment all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was made.

An appeal to the zoning board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was filed shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceeding or work shall not be stayed except by a restraining order, which may be granted by the board or by a court of competent jurisdiction on application on notice to the officer from whom the appeal is filed and on due cause shown.

(2)

Variances.

To authorize upon appeal such variance from the terms of this title as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this title, the board must find:

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

That the special condition and circumstances do not result from the actions of the applicant;

That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, buildings, or structures in the same zoning district;

That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this title and would cause unnecessary and undue hardship on the applicant;

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure;

That the grant of the variance will be in harmony with general intent and purpose of this title and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare;

That the variance will not constitute any change in the districts shown on the zoning map, will not impair an adequate supply of light and air to adjacent property, will not increase the congestion of public streets, or increase the danger of fire, will not diminish or impair established property values within the surrounding area, and will not otherwise impair the public health, safety, and general welfare of the city.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Code.

The board may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both.

Under no circumstances, except as permitted above, shall the board grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this title in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(3)

Interpretation for historic and preservation districts. To hear and decide administrative applications for uses not expressly permitted by district regulations within the Pensacola historic district, North Hill preservation district and Old East Hill preservation district.

(4)

Nonconforming uses. To hear and decide requests for time extensions beyond the 18-month time period for the continuation of nonconforming uses that are damaged or destroyed as the result of fire, explosion or other casualty, or act of God, or the public enemy. Such time extensions may be granted by the zoning board of adjustment upon proof by the landowner that the landowner has proceeded with diligence to restore the use and circumstances beyond the landowner's control have made the period of time inadequate.

(b)

Hearing of applications.

(1)

Application procedure.

Any appeal or application for variance, interpretation for historic and preservation district or continuation of nonconforming use must be submitted to the planning services department at least 21 days prior to the regularly scheduled meeting of the zoning board of adjustment.

The application shall be scheduled for hearing only upon determination that the application complies with all applicable submission requirements.

Any party may appear in person, by agent, or by attorney.

Any application may be withdrawn prior to action of the zoning board of adjustment at the discretion of the applicant initiating the request upon written notice to the board secretary.

(2)

Application submission requirements. No application shall be considered complete until all of the following have been submitted:

The application shall be submitted on a form provided by the board secretary.

Each application shall be accompanied by an accurate site plan drawn to scale and such other information as may be reasonably requested to support the application.

The applicant shall be required to pay an application fee according to the current schedule of fees established by the city council for the particular category of application. This fee shall be nonrefundable irrespective of the final disposition of the application.

(3)

Public notice requirements.

A sign shall be prominently posted on the property to which the application pertains at least ten days prior to the scheduled zoning board of adjustment meeting. The sign shall state the date, time and place of the zoning board of adjustment meeting.

Notice of the appeal or application for variance, interpretation for historic and preservation district or continuation of nonconforming use shall be published by public notice advertised in a newspaper of general daily circulation published in the county at least ten days prior to the scheduled zoning board of adjustment meeting.

The city shall notify addresses within a 300-foot radius, as identified by the current county tax roll maps, of the property for which an appeal or application for variance or continuation of nonconforming use is sought with a public notice by postcard, at least ten days prior to the zoning board of adjustment meeting. The public notice shall state the date, time and place of the board meeting.

The city shall notify addresses within a 500-foot radius, as identified by the current county tax roll maps, of the property for which an interpretation in a historic or preservation district is sought with a public notice by postcard, at least ten days prior to the zoning board of adjustment meeting. The public notice shall also be mailed to the appropriate neighborhood, homeowner, or property owner association at least ten days prior to the zoning board of adjustment meeting. The public notice shall state the date, time and place of the board meeting.

(c)

Decisions of the zoning board of adjustment. In exercising its powers, the board may, in conformity with provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official in the enforcement of this title, and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section.

(d)

Judicial review of decision of board of adjustment. Any person, jointly or severally, aggrieved by any decision of the board, or the city, upon approval by the city council, may apply to the circuit court of the First Judicial Circuit of Florida within 30 days after rendition of the decision by the board. Review in the circuit court shall be by petition for writ of certiorari or such other procedure as may be authorized by law.

(e)

Administrative variances. Subject to the criteria in subsection (a)(2) of this section, the planning administrator or their designee may grant administrative variances to the following provisions of this chapter:

(1)

Setback requirements may be varied up to ten percent or two feet, whichever is less.

(2)

Parking requirements may be varied up to ten percent.

These requests must be submitted in writing and must include a to-scale site plan along with a detailed explanation and justification for the variance. Only one administrative variance per property may be granted. Denial of a request for an administrative variance under the provisions of this section may be appealed to the board of adjustment under the provisions of subsection (a)(1) of this section.

(f)

Modifications of Community Redevelopment Area Urban Design Overlay District (CRAUDOD) standards. Subject to the criteria in section 12-3-31(6), the urban design specialist (or the mayor's designee), the CRA architect advisor(s), and the chair of the applicable redevelopment board may authorize modifications to the urban design overlay district standards.

(1)

The architect advisors for the CRA urban design overlay standards abbreviated review process are hereby established:

Membership. There shall be two architect advisors, a primary and an alternate. The alternate architect advisor shall serve when the primary architect advisor has a conflict of interest. The architect advisors shall be appointed by city council. To qualify for appointment, an applicant shall be licensed as an architect by the State of Florida and licensed to conduct business within the City of Pensacola.

Terms of office; vacancies; removal from office. Appointed architect advisor(s), in primary or alternate roles, shall serve for terms of two years or thereafter until their successors are appointed. Any advisor may be removed from their duties in accordance with F.S. § 112.501 or upon determination by the city council that its policies and procedures have been violated by the advisor. Any vacancy occurring during the unexpired term of office of any member shall be filled by the city council for the remainder of the term. Such vacancy shall be filled as soon as is practical.

Duties. The advisors shall have power and duty to review modifications in design and development within the community redevelopment area urban design overlay district as defined in section 12-3-31. As such, they are authorized to provide recommendations which achieve the intent of the CRAUDOD.

(2)

Review and decision. The urban design specialist (or the mayor's designee), the CRA architect advisor(s), and the chair of the applicable redevelopment board shall promptly review plans and shall render its decision.

The urban design specialist shall initiate the review, assessing the plans for compliance, determining the extent of the modification, and providing recommendations.

The architect advisor shall review the plans and the recommendation of the urban design specialist in making their determination.

The applicable redevelopment board chair shall review the final determination for appropriateness within the applicable redevelopment area.

(3)

Notification. Upon final determination by the reviewers, the urban design specialist shall provide the applicant with a copy of the signed application.

(4)

Appeal. Any person or entity whose property interests are substantially affected by a decision of the CRAUDOD modification reviewers may within 15 days thereafter, appeal to the zoning board of adjustment.

(Code 1986, § 12-12-2; Ord. No. 15-94, § 1, 6-9-1994; Ord. No. 15-00, §§ 4—6, 3-23-2000; Ord. No. 17-07, § 2, 4-26-2007; Ord. No. 12-09, § 3, 4-9-2009; Ord. No. 40-13, § 3, 11-14-2013; Ord. No. 07-22, § 1, 4-14-2022)

Sec. 12-11-3. - Amendments.

The city council may, from time to time on its own motion, or on petition, or on recommendation of the planning board or the zoning board of adjustment or any department or agency of the city, amend, supplement, or repeal the regulations and provisions of this title and the comprehensive plan.

(1)

Authorization and responsibility.

Every such proposed amendment or change, whether initiated by the city council or by petition, shall be referred to the planning board who shall study such proposals and make recommendation to the city council.

If a rezoning of a parcel of land is proposed by the owner of the parcel or another interested person, it shall be the responsibility of such owner or other interested person to comply with the provisions of this chapter. If such rezoning of a parcel of land is proposed by the city, its staff, or the planning board, it shall be the responsibility of the planning services department to comply with the provisions of this section.

(2)

Initiation. An amendment may be initiated by:

The city.

The owners of the area involved in a proposed zoning or future land use amendment.

(3)

Application.

An application for zoning or comprehensive plan future land use amendment must be submitted to the planning services department at least 30 days prior to the regularly scheduled meeting of the planning board.

The application shall be scheduled for hearing only upon determination that the application complies with all applicable submission requirements.

No application shall be considered complete until all of the following have been submitted:

The application shall be submitted on a form provided by the board secretary.

Each application shall be accompanied by the following information and such other information as may be reasonably requested to support the application:

A legal description of the property proposed to be rezoned or its land use changed;

ii.

Proof of ownership of the property, including a copy of the deed and a title opinion, title insurance policy, or other form of proof acceptable to the city attorney;

iii.

Existing zoning and future land use classification;

iv.

Desired zoning and future land use classification;

Reason for the rezoning or comprehensive plan future land use amendment.

Any party may appear in person, by agent, or by attorney.

Any application may be withdrawn prior to action of the planning board or city council at the discretion of the applicant initiating the request upon written notice to the board secretary.

(4)

Planning board review and recommendation. The planning board shall review the proposed rezoning or comprehensive plan future land use amendment at the advertised public meeting and make a recommendation to the city council. Such recommendation:

Shall be for approval, approval with modification, or denial, including its reasons for any modifications or denial.

Shall include consideration of the following criteria:

Whether, and the extent to which, the proposal would result in incompatible land use considering the type and location of the proposed amendment and the surrounding land use.

Whether, and the extent to which, the proposed amendment would affect the carrying capacity of public facilities and services.

Whether the proposed amendment would be in conflict with the public interest and welfare.

Whether, and the extent to which, the proposed amendment would adversely affect the property values in the area.

Whether, and the extent to which, the proposed amendment would result in significant adverse impact on the natural environment.

The relationship of the proposed amendment to proposed public and private projects (i.e., street improvements, redevelopment projects, etc.).

(5)

City council review and action.

Public hearing. The city council shall hold up to two public hearings, depending on the type of amendment, after 5:00 p.m. on a weekday to review the proposed zoning amendment. Public notice shall be provided, through applicable procedures as outlined in subsection (6) of this section.

Action. The city council shall review the proposed zoning amendment, and the recommendation of the planning board and the recommendation of the department of community affairs, if applicable, and either approve, approve with modification or deny the proposed amendment at the city council public hearing. If the zoning amendment is approved by council, the adoption ordinance will be read two times following the first public hearing. For comprehensive plan amendments, the adopted ordinance will not become effective until the department of community affairs has completed its 45-day compliance review.

(6)

Procedures.

Zoning amendments.

Rezoning requests must be submitted to the planning services department at least 30 days prior to the planning board meeting.

The city shall publish a notice in the newspaper announcing the planning board meeting at least seven days prior to the planning board meeting.

The city shall place a sign on the property to be rezoned at least seven days prior to the planning board meeting.

Notice shall be published by public notice advertised in a newspaper of general daily circulation published in the county at least seven days prior to the scheduled board meeting at the expense of the applicant.

The city shall notify property owners within a 500-foot radius, as identified by the current county tax roll maps, of the property proposed for rezoning with a public notice by post card, at least seven days prior to the board meeting. The public notice shall state the date, time and place of the board meeting.

The planning board shall review the proposed rezoning request and make a recommendation to the city council.

The city council shall set a date for a public hearing.

The city shall notify property owners within a 500-foot radius of the property proposed to be rezoned with a public notice (letter and a map) mailed certified with return receipt at least 30 days prior to the scheduled city council public hearing dates. The public notice shall state the date, time and place of the public hearing.

The city shall place a sign on the property to be rezoned announcing date, time and location of the city council public hearing at least 15 days prior to the hearing.

10.

A legal notice of the city council public hearing shall be published in the newspaper at least ten days prior to the hearing.

11.

The city council shall review the proposed amendment and take action as described in subsection (5) of this section.

12.

In addition to subsections (6)a.1 through 6 of this section the city strongly encourages that the applicant hold an informational meeting with any applicable neighborhood groups and/or property owners associations prior to proceeding with an application involving a zoning and/or comprehensive plan amendment.

13.

For proposals initiated by the city to rezone ten or more contiguous acres, subsections (6)a.1 through 6 shall be applicable in addition to the following. The city shall hold two advertised public hearings on the proposed ordinance as follows:

Public notice of actual zoning changes, including zoning district boundary changes; consolidation or division of existing zones involving substantive changes; and the addition of new zoning districts shall be mailed by first class mail at least 30 days prior to the first city council public hearing to consider the change, to every owner of real property, as identified by the current tax roll, within 500 feet of the boundaries of the subject parcels to be changed.

ii.

The city shall place a sign on the property to be rezoned announcing date, time and location of the first city council public hearing at least 15 days prior to the hearing.

iii.

The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. At least one hearing shall be held after 5:00 p.m. on a weekday.

iv.

The required advertisements shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

The city council shall review the proposed zoning amendment, and the recommendation of the planning board and either approve, approve with modification or deny the proposed amendment at the first city council public hearing. If the zoning amendment is approved by council, the adoption ordinance will be read two times following the first public hearing.

Small scale development comprehensive plan future land use map amendments. Future land use map amendments that comply with the small scale development criteria in F.S. § 163.3187, may be considered by the planning board and the city council at any time during the calendar year until the annual maximum acreage threshold is met. The petitioner shall be required to complete the steps listed above in subsections (6)a.1 through 12 of this section.

Comprehensive plan future land use map amendments for other than small scale development activities. Comprehensive plan future land use map amendments for other than small scale development activities shall be considered twice a year by the planning board and the city council.

Comprehensive plan future land use map amendment requests must be submitted to the planning services department at least 30 days prior to the planning board public hearing.

The city shall publish a display advertisement in a standard size or a tabloid size newspaper with type no smaller than 18 point in the headline announcing the planning board and city council public hearings at least seven days prior to the planning board hearing. The advertisement shall be no less than two columns wide by ten inches long. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

The city shall place a sign on the property to be rezoned at least seven days prior to the planning board hearing.

The planning board shall review the proposed future land use map amendment at the advertised public hearing and make a recommendation to the city council.

The city council shall schedule a public hearing.

The city council shall review the comprehensive plan future land use map amendment at the advertised public hearing and either approve the request for transmittal to the department of economic opportunity or disapprove the request for transmittal and further consideration.

The planning services department shall transmit the future land use map amendment request to the department of economic opportunity, the appropriate regional planning council and water management district, the department of environmental protection and the department of transportation. The city shall also transmit a copy of the plan amendment to any other unit of local government or government agency in the state that has filed a written request with the city for the plan amendment.

After a 60-day review period, the department of economic opportunity shall transmit in writing its comments to the city, along with any objections and any recommendations for modifications.

The city council shall review the department of economic opportunity comments and forward to city council for review and action.

10.

The city council shall set a date for a public hearing.

11.

The city shall notify property owners within a 500-foot radius of the property where the land use is to be changed with a public notice (letter and a map) mailed certified with return receipt at least 30 days prior to the scheduled city council public hearing dates. The public notice shall state the date, time and place of the public hearing.

12.

The city shall place a sign on the property where the land use is to be changed announcing date, time and location of the city council public hearing at least 15 days prior to the hearing.

13.

The city shall publish a display advertisement in a standard size or a tabloid size newspaper, with type no smaller than 18 point in the headline. The advertisement shall be no less than two columns wide by ten inches long. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published at least five days prior to the final city council public hearing.

14.

Subsection (6)b.11 of this section shall not be applicable to proposals initiated by the city to change the future land use of ten or more contiguous acres. In such cases, the procedure shall be as follows: Public notice of comprehensive plan future land use map, including future land use district boundary changes; consolidation or division of existing future land use districts involving substantive changes; and the addition of new future land use districts shall be mailed by first class mail at least 30 days prior to the city council public hearing to consider the change to every owner of real property, as identified by the current tax roll, within 500 feet of the boundaries of the subject parcel to be changed.

15.

The city council shall review the proposed amendment and take action as described in subsection (5) of this section.

Amendments to the land development code.

Requests for amendments to the land development code shall be filed in the form of a letter to the secretary of the planning board submitted at least 30 days prior to the planning board meeting.

Planning board review and recommendation. The planning board shall review the proposed language amendment at a regularly scheduled planning board meeting and make a recommendation to the city council.

The city council shall schedule a public hearing.

A legal notice of the city council public hearing shall be published in the newspaper at least ten days prior to the hearing.

The city council shall review the proposed amendment and take action as described in subsection (5) of this section.

In cases in which the land development code amendment changes the actual list of permitted, conditional, or prohibited uses within a zoning category subsections (6)d.1 through 4 of this section shall be applicable in addition to the following:

The city shall hold two advertised public hearings. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

ii.

The required advertisement shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

The city council shall review the proposed land development code amendment, and the recommendation of the planning board and either approve, approve with modification or deny the proposed amendment at the first city council public hearing. If the land development code amendment is approved by council, the adoption ordinance will be read two times following the first public hearing.

Amendments to the comprehensive plan other than future land use map amendments. Comprehensive plan amendments other than future land use map amendments shall be considered twice a year by the planning board and the city council.

Requests for amendments to the comprehensive plan shall be filed in the form of a letter to the secretary of the planning board submitted at least 45 days prior to the planning board hearing.

A legal notice announcing the planning board and city council public hearings shall be published at least seven days prior to the planning board hearing. If the proposed comprehensive plan amendment changes the actual list of permitted, conditional, or prohibited uses within a future land use category, the required advertisement shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

The planning board shall review the proposed amendment at the advertised public hearing and make a recommendation to the city council.

The city council shall schedule a public hearing for review and action.

The city council shall review the comprehensive plan amendment at the advertised public hearing and either approve the request for transmittal to the department of economic opportunity or disapprove the request for transmittal and further consideration.

The city shall transmit the comprehensive plan amendment request to the department of economic opportunity, the appropriate regional planning council and water management district, the department of environmental protection and the department of transportation. The city shall also transmit a copy of the plan amendment to any other unit of local government or government agency in the state that has filed a written request with the city for the plan amendment.

At least 60 days from receipt of the comprehensive plan amendment, the department of economic opportunity shall transmit in writing its comments to the city, along with any objections and any recommendations for modifications.

The city council shall schedule a public hearing for review and action.

A legal notice of the city council public hearing shall be published in the newspaper at least ten days prior to the hearing. If the proposed comprehensive plan amendment changes the actual list of permitted, conditional, or prohibited uses within a future land use category, the required advertisement shall be no less than two columns wide by ten inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

10.

The city council shall review the proposed amendment and take action as described in subsection (5) of this section.

(7)

Limitation on subsequent application. Whenever amendment is denied by the city council, no new application for identical rezoning or comprehensive plan future land use change of the same parcel shall be accepted for consideration within a period of 12 months of the decision of denial unless such consideration is necessitated by judicial action.

(Code 1986, § 12-12-3; Ord. No. 29-93, § 29, 11-18-1993; Ord. No. 3-94, § 9, 1-13-1994; Ord. No. 33-95, §§ 11—13, 8-10-1995; Ord. No. 9-96, § 15, 1-25-1996; Ord. No. 15-00, § 7, 3-23-2000; Ord. No. 12-09, § 3, 4-9-2009)

Sec. 12-11-4. - Vacation of streets, alleys.

This section is established to provide for the vacation of streets, alleys or other public rights-of-way by official action of the city council.

(1)

Application. An application for vacation of streets, alleys or other public right-of-way shall be filed with the planning services department and shall include the reason for vacation and a legal description of the property to be vacated. Application for an alley vacation shall be in petition form signed by all property owners abutting the portion of the alley to be vacated. If all property owners do not sign the petition requesting such alley vacation, city staff shall determine the portion of the alley to be vacated.

An application for vacation of streets, alleys or other public right-of-way must be submitted to the planning services department at least 30 days prior to the regularly scheduled meeting of the planning board.

The application shall be scheduled for hearing only upon determination that the application complies with all applicable submission requirements.

No application shall be considered complete until all of the following have been submitted:

The application shall be submitted on a form provided by the board secretary.

Each application shall be accompanied by the following information and such other information as may be reasonably requested to support the application:

Accurate site plan drawn to scale;

ii.

A legal description of the property proposed to be vacated;

iii.

Proof of ownership of the adjacent property, including a copy of the deed and a title opinion, title insurance policy, or other form of proof acceptable to the city attorney;

iv.

Reason for vacation request;

Petition form signed by all property owners abutting the portion of the right-of-way or alley to be vacated.

Any party may appear in person, by agent, or by attorney.

Any application may be withdrawn prior to action of the planning board or city council at the discretion of the applicant initiating the request upon written notice to the board secretary.

(2)

Planning board review and recommendation. The request to vacate will be distributed to the appropriate city departments and public agencies for review and comment. Said departments shall submit written recommendations of approval, disapproval or suggested revisions, and reasons therefor, to the city planning services department. The planning board shall review the vacation request and make a recommendation to the city council at a regularly scheduled planning board meeting. When a request for vacation of a right-of-way adjacent to a street or alley is made, the vacation shall be limited to a minimum of no less than ten feet from the existing back-of-curb. Any existing sidewalk on a right-of-way must be maintained or rebuilt by an owner granted such a vacation in order to preserve ADA accessibility to the public.

Public notice for vacation of streets, alleys.

A sign shall be prominently posted on the property to which the application pertains at least seven days prior to the scheduled board meeting.

The city shall notify property owners within a 300-foot radius, as identified by the current county tax roll maps, of the property proposed for vacation with a public notice by post card at least five days prior to the board meeting. The public notice shall state the date, time and place of the board meeting.

(3)

City council review and action. The planning board recommendation shall be forwarded to the city council for review and action.

Notice and hearing. The city council shall set a date for a public hearing to be conducted during a regularly scheduled city council meeting. Planning staff shall post a sign specifying the date and time of the public hearing at least seven days prior to the hearing. A public notice shall be published in a local newspaper of general distribution stating the time, place and purpose of the hearing at least ten days prior to the public hearing. The city shall notify property owners by certified mail, as identified by the current county tax roll, at least 15 days prior to the city council public hearing.

In case of an alley vacation request all adjacent owners shall be notified.

In the case of a street vacation request, all property owners within 300 feet of the request shall be notified.

Action. The city council shall approve, approve with modifications, or deny the vacation request at the council public hearing. If the request is approved by the council, an ordinance will be drawn and read two times following the public hearing, at which time the vacation becomes effective. When a request for vacation of a right-of-way adjacent to a street or alley is made, the vacation shall be limited to a minimum of no less than ten feet from the existing back-of-curb. Any existing sidewalk on a right-of-way must be maintained or rebuilt by an owner granted such a vacation in order to preserve ADA accessibility to the public.

(4)

Easements retained. If the city council determines that any portion of a public street or right-of-way is used or in the reasonably foreseeable future will be needed for public utilities, the street may be vacated only upon the condition that appropriate easements be reserved for such public utilities.

(5)

Zoning of vacated property. Whenever any street, alley or other public right-of-way is vacated, the district use and area regulations governing the property abutting upon each side of such street, alley or public right-of-way shall be automatically extended to the center of such vacation and all area included within the vacation shall thereafter be subject to all appropriate regulations of the extended use districts.

(6)

Ownership of property. Whenever any street, alley or public right-of-way is vacated, ownership of said property conferred by such action shall extend from the right-of-way line to the center of said property, unless otherwise specified.

(Code 1986, § 12-12-4; Ord. No. 6-93, § 26, 3-25-1993; Ord. No. 44-94, § 7, 10-13-1994; Ord. No. 15-00, § 8, 3-23-2000; Ord. No. 12-09, § 3, 4-9-2009; Ord. No. 01-19, § 1, 2-14-2019; Ord. No. 23-20, 7-16-20)

Sec. 12-11-5. - Building permits.

This section is established to provide for building permits for review of compliance with the provisions of this land development code. A "building permit" means any building or construction permit required by chapter 14-2.

(1)

Application. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the standard building code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. All applications for building permit shall be accompanied by the following information and materials:

Two complete sets of building construction plans shall be required. In addition, a plot plan drawn to scale depicting the following information shall be required for residential and commercial building permits:

Lot dimensions, boundary lines, area of the lot, and its legal description.

The locations and dimensions of buildings, structures or additions, including all overhangs, eaves and porches.

The yard requirements indicating distance from all property lines to the proposed buildings, structures or additions in feet.

The existing and proposed uses of each building, structure or addition.

Access and parking layout, including driveway location. Where applicable, required loading and unloading spaces should be indicated.

Elevations showing architectural features of each side of the existing and proposed construction.

Where application is made to build upon a lot nonconforming in size or dimensions (lot of record), the application shall be accompanied by a recorded deed giving description of the property as of July 23, 1965.

For all plans except single-family or duplex dwellings a landscape plan is required pursuant to section 12-6-4.

Proof of sewer tap from Emerald Coast Utilities Authority.

Completed current Florida Model Energy Efficiency Code Building Construction.

One copy of the plans shall be returned to the applicant by the building official after he or she has marked such copy either as approved or disapproved and attested same by his or her signature on such copy. The original, similarly marked, shall be retained by the building official.

(2)

Issuance of building permits. No application for a building permit shall be approved by the building official for any building, structure, or addition on any lot in violation of this chapter or not in compliance with any provisions of this chapter, unless authorized under section 12-11-2(a)(2), Variances.

(3)

Construction and occupancy to be as provided in applications. Building permits issued on the basis of plans and applications approved by the building official authorize only the occupancy, arrangement, and construction set forth in such approval plans and applications, and no other occupancy, arrangement, or construction. Occupancy, arrangement, or construction in variance with that authorized shall be deemed a violation of this chapter, unless such change is reviewed and approved by the building official.

(4)

Expiration of building permits. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced; provided that, for cause, one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be in writing by the building official.

(5)

This subsection shall be known and cited as the City of Pensacola's Historic Building Demolition Review Ordinance. The purpose of this section is to establish a predictable process for reviewing requests to demolish certain historic buildings not located within historic and preservation land use districts in order to establish an appropriate waiting period during which the city and the applicant can propose and consider alternatives to the demolition of a building of historical, architectural, cultural or urban design value to the city.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means the person filing an application for review under this section.

Application means a demolition permit application for review under this section, filed with the city's inspection services division.

Application filing date means the date on which the application was filed with the city's inspection services division.

Architectural review board means the city's architectural review board as advisors to the city council.

Contributing structure means any building adding to the historic significance of a property or district.

Day means any day, including Saturdays, Sundays, and holidays.

Demolition means any act of pulling down, destroying, razing, or removing a building.

Demolition permit means a permit issued by the inspection services division authorizing the demolition of a building pursuant to an application.

Florida Master Site File means the state's official inventory of historical, cultural resources including archaeological sites, historical structures, historical cemeteries, historical bridges and historic districts, landscapes and linear resources.

Historic building means a building or structure that is:

At least 50 years in age or more;

Individually listed in the National Register of Historic Places;

A contributing property in a National Register of Historic Places listed district;

Designated as historic property under an official municipal, county, special district or state designation, law, ordinance or resolution either individually or as a contributing property in a district; or

Determined potentially eligible as meeting the requirements for listing in the National Register of Historic Places, either individually or as a contributing property in a district, by the Secretary of the Interior.

Historic site means a place, or associated structures, having historic significance.

Historic structure means a building, bridge, lighthouse, monument, pier, vessel or other construction that is 50 years in age or more and is designated or that is deemed eligible for such designation by a local, regional or national jurisdiction as having historical, architectural or cultural significance.

National Register of Historic Places means the official Federal list of districts, sites, buildings, structures and objects determined significant in American history, architecture, archaeology, engineering and culture.

Neighborhoods means all the areas of the city.

Significant building means a building with respect to which the architectural review board has made a determination that further examination is warranted to determine whether a delay in demolition should be required.

Buildings subject to review. The following buildings are subject to review by the architectural review board for the purpose of determining whether such buildings are historically significant:

Any building located in the neighborhoods of the city if:

Such building, or the portion thereof to which the application relates, is 50 years old or older;

Such building is listed on the city's "Local Registry of Historic or Significant Buildings" and/or the Florida Division of Historical Resource's Florida Master Site File; or

Such building or the portion thereof is determined to be a historically significant building pursuant to subsection (5)e.3 of this section.

Exemptions. Demolition of historic buildings, whether contributing or noncontributing, located in the following districts shall be exempt from this section.

Pensacola historic district, refer to section 12-3-10(1)i through k;

North Hill preservation district, refer to section 12-3-10(2)i;

Old East Hill preservation district, refer to section 12-3-10(3)j;

Palafox historic business district, refer to section 12-3-27(f)(2)d; and

Governmental center district.

Enforcement.

Issuance of demolition permit. With exception to the districts listed in subsection (5)d.1.iii of this section, the requirements set forth in this section are in addition to, and not in lieu of, the requirements of any other codes, ordinances, statutes, or regulations applicable to the demolition of buildings. The building official shall not issue any demolition permit relating to a building that is subject to review, unless:

The building official has determined that the building is unsafe in accordance with section 14-2-222;

ii.

The building official:

(a)

Has received a notice issued by the architectural review board, that the building is not subject to review under this section, or is not a historically significant building; or

(b)

Has not received such notice within the time period set forth in subsection (5)e.1 of this section;

iii.

The building official:

(a)

Has received a notice issued by the architectural review board that no demolition delay is required; or

(b)

Has not received such notice within the time period set forth in subsection (5)e.1 of this section;

iv.

The building official has received a notice issued by the architectural review board that there is no feasible alternative to demolition; or

The demolition delay period set forth in subsection (5)e.1 of this section has expired.

Required demolition or repair.

Demolition. Nothing in this section shall restrict the authority of the building official to order the building owner, or the city, to demolish a building at any time if the building official determines that the condition of a building or part thereof presents an imminent and substantial danger to the public health or safety.

Procedure.

Application. An application for review under this section shall be made in the manner provided below. The process, from start (application) to finish (determination and/or permit issuance), shall not exceed 120 days. If the applicant is not the owner of record of the building, the owner or owners of record shall co-sign the application.

Time for filing application. The applicant (or building owner) is encouraged to apply for review under this section as early as possible, so that any necessary review, and any delay period required by this section, may be completed prior to, or during, any other review to which the building or its site may be subject.

ii.

Application for early review. At any time prior to filing an application for a demolition permit, the applicant may apply for review under this section by submitting a request in writing to the architectural review board.

iii.

Informational evidence. The applicant must submit for review sufficient information to enable the architectural review board to make their determination, including an accurate site plan showing the footprint, photos of all sides of the subject building and the site to indicate all existing site features, such as trees, fences, sidewalks, driveways and topography, and photos of the adjoining streetscape, including adjacent buildings to indicate the relationship of the existing structure to the surrounding properties.

Determination: Applicability of review and significance of building.

After its receipt of an application from planning staff, the architectural review board shall determine: whether the building is subject to review under this section, and whether the building is a historically significant building. The architectural review board may seek the assistance of city staff or the University of West Florida's Historic Trust or the University of West Florida Archaeological Institute.

The initial review process shall be handled as an abbreviated review involving staff, the chairperson or his or her designee of the architectural review board, and a staff member of West Florida Historic Preservation, Inc. If it is determined by the abbreviated review panel to be potentially historically significant, the application would then go to the full architectural review board for review.

iii.

However, if the building is determined by the abbreviated review panel to not be historically significant by not meeting the criteria set forth in subsection (5)e.3 of this section, the historic building demolition review will end.

iv.

The architectural review board shall issue a notice of its determination within 60 days of an application being received. If the architectural review board determines that the building is historically significant, such notice shall:

(a)

Invite the applicant to submit any information that the applicant believes will assist the architectural review board in:

(1)

Determining whether the building is subject to demolition delay according to the criteria set forth herein; and

(2)

Evaluating alternatives to demolition.

(b)

Set forth the criteria for requiring demolition delay. The architectural review board shall make its determination concerning the requirement of demolition delay according to the following criteria: To determine that a historically significant building is subject to the demolition delay, the architectural review board must find that, in the public interest, it is preferable that the building be preserved or rehabilitated rather than demolished. In making such finding, the architectural review board shall consider the criteria for determining historical significance.

The applicant is encouraged to present any information the applicant believes will assist the architectural review board in making its determination.

(c)

Provide information regarding the early determination of no feasible alternative. At the determination meeting or within the demolition delay period, the applicant may present any information the applicant believes will assist the architectural review board in evaluating alternatives to demolition. If, at such hearing, the architectural review board finds that demolition delay is required, and also finds that the information presented at such hearing is sufficient for the board to issue a determination that there is no feasible alternative to demolition, the board shall issue such determination within the time period set forth in this subsection for the issuance of the architectural review board's hearing determination.

Criteria for determining significance. The architectural review board shall determine that the building to which the application relates is a historically significant building if:

The building is associated with events that have made a significant contribution to the broad patterns of our national, regional or local history;

ii.

The building is associated with the lives of persons significant in our national, regional or local past;

iii.

The building embodies the distinctive characteristics of a type, period or method of construction, or that represents the work of a master, or that possess high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

iv.

The building has yielded, or may be likely to yield, information important in national, regional or local history.

Criteria for determination that building is subject to demolition delay. To determine that a historically significant building is subject to the demolition delay, the architectural review board must find that, in the public interest, it is preferable that the building be preserved or rehabilitated rather than demolished. In making such finding, the architectural review board shall consider the criteria for determining historical significance.

Demolition delay.

Delay period.

(a)

If the architectural review board has issued a determination that a historically significant building is subject to demolition delay, the building official shall not issue a demolition permit until 60 days have elapsed from the date of determination but in no case exceeding the aggregate of 120 days from the date of application.

(b)

Upon expiration of the delay period, the architectural review board shall issue a notice in writing stating that such delay period has expired, and the date of such expiration, unless the architectural review board has issued a determination that there is no feasible alternative to demolition.

ii.

Invitation to consider alternatives. If the architectural review board has determined that a historically significant building is subject to demolition delay, and has not determined at the hearing that there is no feasible alternative to demolition, the architectural review board shall invite the applicant (or the owner of record, if different from the applicant) to participate in an investigation of alternatives to demolition. The architectural review board also may invite the participation, on an advisory basis, of city staff, as well as any individual or representative of any group whose participation the applicant (or owner) requests, to assist in considering alternatives.

Evaluation of alternatives to demolition.

In evaluating alternatives to demolition, the architectural review board may consider such possibilities as: the incorporation of the building into the future development of the site; the adaptive re-use of the building; the use of financial or tax incentives for the rehabilitation of the building; the removal of the building to another site; and, with the owner's consent, the search for a new owner willing to purchase the building and preserve, restore, or rehabilitate it.

ii.

In evaluating alternatives to demolition, the architectural review board shall consider, and shall invite the applicant to present, the following information:

(a)

The cost of stabilizing, repairing, rehabilitating, or re-using the building;

(b)

A schematic, conceptual design drawing;

(c)

Any conditions the applicant proposes to accept for the redevelopment of the site that would mitigate the loss of the building; and

(d)

The availability of other sites for the applicant's intended purpose or use.

Determination of no feasible alternative. If, based on its evaluation of alternatives to demolition, the architectural review board is satisfied that there is no feasible alternative to demolition, the architectural review board may issue a determination prior to the expiration of the delay period, authorizing the building official to issue a demolition permit.

Notice. Any determination or notice issued by the architectural review board or its staff shall be transmitted in writing to the applicant, with copies to the building official and, where applicable, to any individual or group that the architectural review board has invited to participate in an exploration of alternatives to demolition.

(Code 1986, § 12-12-5; Ord. No. 12-09, § 3, 4-9-2009; Ord. No. 19-19, § 1, 9-26-2019)

Sec. 12-11-6. - Certificate of occupancy.

This section is established to provide for the processing of applications for certificates of occupancy for review of compliance with this land development code.

(1)

Certificate of occupancy required. A new building or existing building undergoing a change in occupancy classification shall not be occupied until after the building official has issued a certificate of occupancy. A certificate of occupancy is required in order to obtain an occupational license for a business to be located in any new building or existing building undergoing a change in occupancy classification. An occupational license inspection certificate shall be required in order to obtain an occupational license for a business to be located in an existing nonresidential building involving a change in land use.

(2)

Issuance of certificate of occupancy. Upon completion of a building erected in accordance with approved plans, and after the final inspection and upon application therefor, the building official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, the allowable load per square foot for each floor in accordance with the provisions of the Standard Building Code.

(3)

Temporary/partial certificate of occupancy. A temporary or partial certificate of occupancy may be issued for a portion or portions of a building that may safely be occupied prior to final completion of a building.

(4)

Existing buildings. A certificate of occupancy for any existing building or part thereof may be obtained by applying to the building official and supplying the information and data necessary to determine compliance with this Code for the occupancy intended. Where necessary, in the opinion of the building official, two sets of detailed drawings, or a general description, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of this Code for such occupancy, a certificate of occupancy shall be issued.

(Code 1986, § 12-12-6; Ord. No. 8-99, § 9, 2-11-1999; Ord. No. 11-00, § 2, 2-10-2000; Ord. No. 12-09, § 3, 4-9-2009)

Sec. 12-11-7. - License to use right-of-way.

(a)

Application.

(1)

An application for license to use right-of-way must be submitted to the planning services department at least 30 days prior to the regularly scheduled meeting of the planning board.

(2)

The application shall be scheduled for hearing only upon determination that the application complies with all applicable submission requirements.

(3)

No application shall be considered complete until all of the following have been submitted:

The application shall be submitted on a form provided by the board secretary.

Each application shall be accompanied by the following information and such other information as may be reasonably requested to support the application.

Accurate site plan drawn to scale;

Reason for license to use request.

(4)

(5)

Any party may appear in person, by agent, or by attorney.

(6)

Any application may be withdrawn prior to action of the planning board or city council at the discretion of the applicant initiating the request upon written notice to the board secretary.

(b)

Planning board review and recommendation. The request will be distributed to the appropriate city departments and public agencies for review and comment. Said departments shall submit written recommendations of approval, disapproval or suggested revisions, and reasons therefor, to the planning services department. The planning board shall review the license to use right-of-way request and make a recommendation to the city council.

(1)

Public notice for license to use right-of-way. The city shall notify addresses within a 300-foot radius, as identified by the current county tax roll maps, of the right-of-way proposed to be licensed with a public notice by post card at least five days prior to the board meeting. The public notice shall state the date, time and place of the board meeting.

(c)

City council review and action. The planning board recommendation shall be forwarded to the city council for review and action.

(1)

Notice. The city shall notify addresses within a 300-foot radius, as identified by the current county tax roll maps, of the right-of-way proposed to be licensed with a public notice by post card at least five days prior to the council meeting. The public notice shall state the date, time and place of the council meeting.

(2)

Action. The city council shall approve, approve with modifications, or deny the license to use right-of-way request. If the request is approved by city council, a license to use agreement will be drawn, at which time the license becomes effective upon execution by the applicant and the city and payment by the applicant of any required fee.

(d)

Approval of outdoor seating areas. Outdoor seating areas shall be approved by the city via an annual permit, and must comply with the following outdoor seating area standards and regulations:

(1)

Outdoor seating area standards and regulations for the city. The issuance of an outdoor seating area permit is a privilege granted by the city. The city requires compliance with all rules and regulations outlined or referenced in this set of standards as well as respect for the community in which the establishment is located. The city will monitor and enforce the proper operation of outdoor seating areas and is empowered to issue citations for ordinance or rule and regulation violations.

An outdoor seating area permit is valid from the date of issuance for one year.

Outdoor seating areas shall not operate earlier or later than the hours of operation of the licensed establishment.

All establishments offering an outdoor seating area and their employees shall be subject to and comply with all applicable requirements and standards for a retail food establishment.

Patrons must wear shoes and shirts at all times.

All outdoor seating areas must have an opening for ingress and egress at all times.

All outdoor seating areas must adhere to the size, design, and any other specifications approved by the city at all times. Strict adherence to required design standards as set forth herein is mandatory.

Strict adherence to hours of operation, approved layout of all components of the outdoor seating area, clear space for pedestrians and required landscaping is mandatory.

Where the city has installed a permanent structure such as a parking meter, planter, light pole or other device, the permittee of the outdoor seating area shall make accommodation for the required clearance for pedestrian passage. All establishments granted a license to use permit, shall remain in compliance with approved design standards. Permittees of outdoor seating areas shall be mindful of the rights of pedestrians traveling past their outdoor seating area at all times during the operation of the outdoor seating area. Complaints regarding outdoor seating areas will be investigated by the city, and violations of the ordinance or the rules and regulations promulgated will result in citations being issued to the permittee and/or revocation of permittee's outdoor seating area permit. Permittee shall be required to fully abide by all federal, state, and local laws, rules and regulations applicable to the operation of an outdoor seating area in the city.

All areas within and surrounding the outdoor seating area must be maintained in a clean, neat and sanitary condition and shall be policed routinely by permittee to ensure removal of all wrappings, litter, debris, spills, and food therefrom. Permittee shall be responsible for sanitary cleaning of the sidewalk between pressure washing scheduled by the city or its designated agent.

Establishments permitted to have outdoor seating areas offering amplified and/or live music must control and limit the ambient noise in conformance with the city noise ordinance. Any projection of music within or upon any part of the license-to-use area shall be done in such a way as to direct the sound transmission towards the face and interior of the permittee's building and away from the street and adjoining businesses.

All tables, chairs, plants, planters, and any other items of the outdoor seating area, hereinafter defined as outdoor seating area elements, shall be approved as part of the permit approval process as set forth in the ordinance regulating outdoor seating areas.

The approved outdoor seating area plan shall be displayed inside the establishment in a prominent and conspicuous location clearly visible to permittee, his or her employees and all of the public so that the approved location of outdoor seating area elements is evident. Permittee and his or her employees are responsible for immediately returning outdoor seating area elements to their approved locations if they are moved by patrons or become otherwise dislocated.

A portion of the annual outdoor seating area permit fee will be used to periodically pressure wash, steam clean, or sanitary clean the sidewalk areas used for outdoor seating and adjacent rights-of-way. The city or its designated agent may contract for such services, but such service in no way exempts the permittee from maintaining the cleanliness and upkeep of the sidewalk. The permittee will be expected to cooperate with periodic appropriate washing and cleaning by removing outdoor seating area elements with notice for cleaning.

The city will inspect all outdoor seating areas after permits have been issued, and also enforce outdoor seating area permit standards. Any violations of the provisions of these rules and regulations, or any deviation from approved plans or willful omissions of the application may result in citations being issued to the operator and/or revocation of permittee's outdoor seating area permit.

Any permittee or his or her employees, agents or contractors who violate or resist enforcement of any provision of the outdoor seating area ordinance and/or these rules and regulations may be subject to immediate permit revocation by the city. Any expenses incurred for restoration or repair of the public right-of-way to its original condition, reasonable wear and tear excepted, shall be the responsibility of the permittee.

The outdoor seating area permit may be terminated by the city without cause and for any reason by giving 90 days prior written notice to permittee. In the event that the permittee receives notice from the city of termination of the outdoor seating area permit, the city shall not be liable for any claim from permittee, its legal representatives, successors or assigns arising out of the termination. The permittee may also terminate the outdoor seating area permit by giving written notice of its intention to do so to the city, removing any outdoor seating area elements, and restoring the sidewalk to its original condition, reasonable wear and tear excepted. When the city has acknowledged in writing its satisfaction therewith, this permit shall be terminated, and the city and permittee shall have no further obligation arising hereunder.

Permittee shall be required to maintain a current city business license.

(2)

Design standards outdoor seating areas. In order to remain consistent with the city's objective of developing attractive outdoor dining spaces, including the furniture, objects, structures and décor associated therewith, in as much that applicants desiring to use public space for semiprivate use are enhancing the private interests of their enterprise as well that of the city, the following design standards shall apply to establishments seeking permission to erect outdoor seating areas throughout the city:

Space and clearances.

The area designated for the outdoor seating area shall be considered an extension of the permittee's establishment; therefore, the location of the outdoor seating area must be directly in front of the permittee's establishment.

An outdoor seating area is required to maintain a clear unimpeded pedestrian path of six feet minimum at all times that is free from any permanent or semi-permanent structure or other impediment. In areas of higher pedestrian traffic or other activity, or in conditions that suggest the need for additional clearance, a clear pedestrian path greater than six feet may be required. This area shall also be free of any obstructions such as trees, parking meters, utility poles and the like in order to allow adequate pedestrian movement.

Outdoor seating areas shall not interfere with any utilities or other facilities such as telephone poles, fire hydrants, signs, parking meters, mailboxes, or benches located on the sidewalk or public right-of-way.

The outdoor seating area shall maintain clear distances for maneuvering around entrances or exits. The outdoor dining area shall be accessible to disabled patrons and employees, and buildings adjacent to these areas shall maintain building egress as defined by the state and federal accessibility standards.

When an outdoor seating area is located at a street corner or adjacent to an alley or driveway, visual clear-zone requirements shall be maintained and specified through the permit review process. This requirement may be modified at the discretion of the city in locations where unusual circumstances exist and where public safety could be jeopardized.

Furniture, objects, structures and décor.

Tables, chairs, umbrellas, awnings, barriers and any other object associated with an outdoor seating area ("outdoor seating area elements") shall be of quality design, materials and workmanship both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the urban environment. All outdoor seating area elements shall be reviewed by the city and as a part of the outdoor seating area permitting process. In reviewing outdoor seating area elements, the city shall consider the character and appropriateness of design, including, but not limited to, scale, texture, materials, color and the relation of the outdoor seating area elements to the adjacent establishments, to features of structures in the immediate surroundings, as well as to the streetscape and adjacent neighborhoods, if applicable.

Tables and chairs for sidewalk dining shall be placed in the area designated for sidewalk dining only. Appropriate density of tables and chairs is to be reviewed by the city and may be affected by specific conditions of the location. Table sizes should be kept to a minimum so as not to cause crowding, a disturbance or a nuisance.

Permanent structures in outdoor seating areas are not permitted. All furniture, umbrellas or other outdoor seating area elements shall not be attached permanently to the sidewalk or public right-of-way. The permittee shall be responsible for the restoration of the sidewalk or public right-of-way if any damage is caused as a result of the issuance of the outdoor seating area permit.

Overhead structures.

Umbrellas and any type of temporary overhead structure may be utilized if approved by the city as part of the outdoor seating area permitting process. The use of overhead structures over the outdoor dining areas and removable umbrellas may be permitted provided they do not interfere with street trees. No portion of the umbrella shall be less than six feet above the sidewalk. Umbrellas and any type of overhead structure shall be designed to be secure during windy conditions and shall be weather resistant.

Awnings, either permanent or temporary, may be utilized if approved by the city and the appropriate review board, if applicable, through a separate license to use the right-of-way approval process. Awnings shall have no support posts located within the public right-of-way, and no portion of an awning shall be less than eight feet above the sidewalk. A building permit must be obtained prior to the installation of an awning and is subject to all applicable sections of this Code.

Signage. Aside from properly permitted sandwich boards, signs at an outdoor seating area shall be prohibited. This prohibition includes, but is not limited to, banners, writing, or signs as part of the furniture or on umbrellas, pamphlets, podiums, or any other outdoor seating area element containing a sign or advertisement.

Lighting. Lighting for outdoor seating areas may be utilized if approved by the city as a part of the outdoor seating area permitting process. Any such lighting shall complement the existing building and outdoor seating area design and shall not cause a glare to passing pedestrians or vehicles. Temporary electrical wires shall not be permitted to access the outdoor seating area. Possible lighting sources include tabletop candles or low wattage battery operated fixtures. Additional lighting may be attached to the permittee's establishment provided permittee obtains all necessary approvals for such lighting from the city and any applicable review boards.

Outdoor heaters. Outdoor heaters may be utilized upon the approval by the city as a part of the outdoor seating area permitting process.

Vending machines, carts prohibited. No vending machines, carts, or objects for the sale of goods shall be permitted in an outdoor seating area.

Service and use.

All services provided to patrons of an outdoor seating area and all patron activity (i.e., sitting, dining, waiting, etc.) shall occur within the designated outdoor seating area, and shall not impinge on the required clear distance for pedestrian passage at any time.

No alcoholic beverages may be stored or mixed in the outdoor seating area. Equipment necessary for the dispensing of any other items should be reported as part of the operation of the outdoor seating area and is subject to review.

The permittee must provide supervision of the outdoor seating area to ensure the conduct of patrons and operations of the area are in compliance with this section at all times.

Insurance required.

Each permittee of an outdoor seating area permit shall furnish a certificate of insurance evidencing commercial general liability insurance with limits of not less than $1,000,000.00 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days prior written notice to be given to the city if coverage is substantially changed, canceled, or nonrenewed. The city will give permittee at least 90 days prior written notice of any increase in the required limits of liability. The permittee will agree to have in force, by the end of such 90-day period, the newly required limits of liability.

The city shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of an outdoor seating area; and the permittee shall indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit issuance or the operation of the outdoor seating area.

Each permittee shall maintain the insurance coverage required under this section during the permit period. The certificate of insurance shall be presented to the city prior to the issuance of a permit under this section. Failure of the permittee to maintain the insurance required by this section shall result in the revocation of the outdoor seating area permit.

In order to receive a permit for an outdoor seating area on a public right-of-way, the applicant must demonstrate that the provisions of these guidelines will be met. Documentation demonstrating that the provisions of this guideline will be complied with must accompany the application in order to receive a permit. An outdoor seating area permit will not be issued to a permittee until after the city has conducted a site inspection of the approved outdoor seating area and all outdoor seating area elements placed therein to ensure that the outdoor seating area and all outdoor seating area elements are in compliance with the approved permit and that the permittee is in compliance with all other requirements of the permit.

Indemnification. Permittee shall indemnify and hold harmless the city from any and all liability, claims, demands, damages, expenses, fees, fines, penalties, expenses (including attorney's fees and costs), suits, proceedings, actions or causes of action, of every kind and nature whatsoever, arising out of or occurring in connection with the occupancy and/or use of the permitted area by permittee, its successors, assigns, officers, employees, servants, agents, contractors, or invitees, of whatsoever description, or resulting from any breach, default, non-performance, or violation of any of permittee's obligations. The permittee shall at his or her own expense defend any and all actions, suits, or proceedings that may be brought against the city or in which the city may be impleaded with others in any such action or proceeding arising out of the use or occupancy of the outdoor seating area. This subsection shall survive the termination of this permit.

Transferability. A permit to allow an outdoor seating area is not transferable from one owner or ownership group to another due to a sale or transfer of the property or business. Each new ownership entity shall be required to apply for a permit to allow outdoor seating as set forth in the ordinances of the city and its standards and regulations for outdoor seating.

Application. Applications for a permit to have outdoor seating shall be made jointly by the property owner and the business owner for the respective property that is seeking an extension of its business premises.

(e)

Approval of minor encroachments. Minor encroachments into the right-of-way may be approved administratively if the conditions of this section are met. Minor encroachments allowed under this section include, but are not limited to, awnings, driveways, and out-swinging doors.

(1)

Design standards and regulations. The request shall be reviewed to ensure the minor encroachment does not pose any safety concerns, that a six-foot wide pedestrian path is maintained, and that the minor encroachment does not interfere with any utilities or facilities within the right-of-way.

For out-swinging doors, the permittee must demonstrate a physical barrier has been provided to prevent the door from swinging into anyone within the public right-of-way.

Awnings that project over the right-of-way but do not require support columns in the right-of-way may be considered a minor encroachment.

The building official or city engineer will determine the boundaries of the minor encroachment area.

Failure to maintain the minor encroachment area may result in citations being issued.

(2)

Insurance required. Each permittee of a minor encroachment area permit shall furnish a certificate of insurance evidencing commercial general liability insurance with limits of not less than $1,000,000.00 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30 days prior written notice to be given to the city if coverage is substantially changed, canceled, or nonrenewed. The city will give permittee at least 90 days prior written notice of any increase in the required limits of liability. The permittee will agree to have in force, by the end of such 90-day period, the newly required limits of liability. The city shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a minor encroachment area; and the permittee shall indemnify, defend and hold the city harmless from any loss that results directly or indirectly from the permit issuance or the operation of the minor encroachment area. Each permittee shall maintain the insurance coverage required under this section during the permit period. The certificate of insurance shall be presented to the city prior to the issuance of a permit under this section. Failure of the permittee to maintain the insurance required by this section shall result in the revocation of the minor encroachment area permit.

(3)

Transferability. A permit for a minor encroachment area is transferable from one owner or ownership group to another due to a sale or transfer of the property or business so long as the new owner provides the city a new proof of insurance for the minor encroachment area.

(4)

Indemnification. Permittee shall indemnify and hold harmless the city from any and all liability, claims, demands, damages, expenses, fees, fines, penalties, expenses (including attorney's fees and costs), suits, proceedings, actions or causes of action, of every kind and nature whatsoever, arising out of or occurring in connection with the occupancy and/or use of the permitted area by permittee, its successors, assigns, officers, employees, servants, agents, contractors, or invitees, of whatsoever description, or resulting from any breach, default, non-performance, or violation of any of permittee's obligations. The permittee shall at his or her own expense defend any and all actions, suits, or proceedings that may be brought against the city or in which the city may be impleaded with others in any such action or proceeding arising out of the use or occupancy of the minor encroachment area. This subsection shall survive the termination of this permit.

(5)

Application. Applications for minor encroachments shall be made jointly by the property owner and the business owner for the respective property that is seeking an extension of its business premises.

Minor encroachments shall be reviewed by the building official or his or her designee prior to the issuance of building permits. For minor driveway encroachments, the city engineer or his or her designee shall review the request prior to the issuance of a permit.

If the request is denied or if it is determined that the encroachment is major and therefore administrative approval is not allowed, the permittee may either withdraw the request or may submit a request for a license-to-use pursuant to subsections (a) through (c) of this section.

(Code 1986, § 12-12-7; Ord. No. 15-00, § 9, 3-23-2000; Ord. No. 12-09, § 3, 4-9-2009; Ord. No. 16-10, § 226, 9-9-2010; Ord. No. 26-12, § 1, 12-13-2012; Ord. No. 06-14, § 1, 2-27-2014; Ord. No. 23-20, 7-16-2020)

Sec. 12-11-8. - Regulation of patrons' dogs at permitted food service establishments.

Pursuant to the authority granted by F.S. § 509.233, patrons' dogs may be permitted within certain designated outdoor portions of permitted public food service establishments, notwithstanding the provisions of chapter 4-2, or the provisions of F.S. § 509.032(7), provided that each of the following requirements and criteria have been complied with:

(1)

Any public food service establishment desiring to allow patrons' dogs within certain designated outdoor portions of its public food service establishment, must apply for and receive a permit from the city council before allowing patrons' dogs on its premises.

(2)

Each applicant shall supply the following information in order to receive a permit:

The name, location, and mailing address of the public food service establishment.

The name, mailing address, and telephone contact information of the permit applicant.

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information as may reasonably be required by the city council. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

Proof that the applicant possesses liability insurance in the minimum amount of $25,000.00 in the event of a dog biting a staff member, patron, guest or passerby while on the premises.

With respect to restaurants located adjacent to another restaurant or licensed establishment, proof that the applicant has provided the neighboring establishment with notification of the applicant's intent to seek a permit under this section.

(3)

In order to protect the health, safety, and general welfare of the public, the following measures shall be continuously applied by the permitted establishment:

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

Dogs shall not be allowed on chairs, tables, or other furnishings.

All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons.

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor areas.

A sign reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority.

A sign reminding patrons of the applicable rules shall be prominently posted on premises.

A sign shall be prominently posted that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs.

Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor areas of the food establishment.

(4)

A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs.

(5)

The application for a permit shall be accompanied by a nonrefundable permit fee of $100.00.

(6)

This provision shall be enforced by sworn law enforcement officers employed by the city, and the civil fine penalty provided by section 1-1-8 shall apply. Such officers shall enforce the provisions of this section of the code through issuing a notice to appear, a civil citation or other means of enforcement pursuant to title XIII; to be acknowledged and received by the patron, restaurant owner, managing agent, property owner or employee receiving the notice. Failure to sign acceptance of the notice to appear or civil citation shall be a first degree misdemeanor as defined by state law. Any permitted establishment accumulating three or more notices to appear shall have its permit subject to suspension or revocation at the discretion of the city council.

(7)

In the event of a violation of this section at a permitted establishment, all costs of enforcement and prosecution shall be assessed against the establishment by the city council and shall constitute a special assessment against such establishment, for which a lien on all personal and real property may be imposed, recorded and foreclosed upon by the city.

(Code 1986, § 12-12-8; Ord. No. 11-10, § 1, 4-22-2010; Ord. No. 23-17, § 1, 8-10-2017)