The zoning board of adjustment is hereby established.

(1)

Membership. The zoning board of adjustment shall consist of nine members appointed by the city council. Members must be residents or property owners of the city. No member shall be a paid or elected official or employee of the city.

(2)

Terms of office; removal from office; vacancies. Members of the board shall serve overlapping terms of not less than three nor more than five years or thereafter until their successors are appointed. Not more than a minority of the terms of such members shall expire in any one year. Any member of the board may be removed from office in accordance with F.S. § 112.501 and/or the policy and procedures set forth by the city council. 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.

(3)

Officers, rules of procedure, employees. The board shall elect a chairperson and a vice-chairperson from among its members. The planning services department shall serve as secretary to the board. The building official, or his or her representative, shall serve as an advisor to the board. The board may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all such offices shall be for one year, with eligibility for reelection. The board shall adopt rules for transaction of its business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Meetings of the board shall be held once a month at the call of the chairperson and at such times as the board may determine.

(4)

Duties and powers. The board shall have the power and duty to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the building official in the enforcement of this title, and to consider and act upon applications for variances pursuant to the provisions of section 12-11-2, and to consider applications under section 12-11-2(a)(3).

(5)

Vote required. The concurring vote of five members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variance in the application of this title.

(Code 1986, § 12-13-1; Ord. No. 8-99, § 10, 2-11-1999; Ord. No. 15-00, § 10, 3-23-2000; Ord. No. 12-09, § 4, 4-9-2009)

The planning board is hereby established.

(1)

Membership. The planning board shall consist of seven members appointed by the city council. One appointee shall be a licensed state architect. No member shall be a paid employee or elected official of the city.

(2)

Term of office; removal from office; vacancies. Members of the planning board shall serve for terms of two years or thereafter until their successors are appointed. Any member of the board may be removed from office during the two-year term in accordance with F.S. § 112.501 and/or the policy and procedures set forth by city council. 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.

(3)

Officers; employees; technical assistance. The board shall elect a chairperson and a vice-chairperson from among its members on an annual basis. The board being staffed by a member of planning services. The board may create and fill such other offices as it may determine to be necessary for the conduct of its duties. Terms of all offices shall be for one year, with eligibility for reelection. The city engineer shall serve as chief engineer for the planning board. The board shall be authorized to call upon any branch of the city government at any time for information and advice that in the opinion of the board will ensure efficiency of its work.

(4)

Rules of procedure, meetings and records. The board shall adopt rules of procedure for the transaction of its business, and shall keep a record of its resolutions, transactions, findings and determinations. The board shall hold regular meetings once a month, and special meetings at such times as the board may determine or at the call of the chairperson thereof, or the planning services department for the consideration of business before the board. All regular and special meetings of the board shall be open to the public. A written record of the proceedings of the board shall be kept showing its actions on each question considered, and filed in the office of the secretary of the board. Any matter referred to the board shall be acted upon by the board within 45 days of the date of reference, unless a longer or shorter period is specified.

(5)

Vote required. Four members of the board shall constitute a quorum, and the affirmative vote of majority of the quorum shall be necessary for any action thereof.

(6)

Authority and duties of the planning board. The planning board shall have the following authority and duties:

a.

To advise the city council concerning the preparation, adoption and amendment of the comprehensive plan;

b.

To review and recommend to the city council ordinances designed to promote orderly development as set forth in the comprehensive plan;

c.

To hear applications and submit recommendations to the city council on the following land use matters:

1.

Proposed zoning change of any specifically designated property;

2.

Proposed amendments to the overall zoning ordinance;

3.

Proposed subdivision plats;

4.

Proposed street/alley vacation;

d.

To initiate studies on the location, condition and adequacy of specific facilities of the area. These may include, but are not limited to, studies on housing, commercial and industrial facilities, parks, schools, public buildings, public and private utilities, traffic, transportation and parking;

e.

To schedule and conduct public meetings and hearings pertaining to land development as required in other sections of the Code;

f.

To grant zoning variances from the land development regulations of the waterfront redevelopment district and the gateway redevelopment district, under the conditions and safeguards provided in section 12-11-2(a)(2).

1.

Conditions for granting a zoning variance. In order to authorize any zoning variance from the terms of this title, the board must find in addition to the conditions specified in section 12-11-2(a)(2):

i.

That the variance granted will not detract from the architectural integrity of the development and of its surroundings;

ii.

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;

iii.

That the decision of the planning board is quasi-judicial in nature and is final subject to judicial review in accordance with subsection (6)f.4 of this section. Hearings on variance applications under subsection (6)f of this section shall be conducted as a quasi-judicial hearing in accordance with the requirements of law.

2.

Hearing of variance applications.

i.

Application procedure.

(a)

An application for a variance must be submitted to planning services at least 30 days prior to the regularly scheduled meeting of the planning board.

(b)

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

(c)

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

(d)

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

ii.

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

(a)

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

(b)

The 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.

(c)

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.

3.

Public notice for variance.

i.

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

ii.

Notice of the requests for variances 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 board meeting.

iii.

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

The agenda will be mailed to the board members and applicants and other interested parties. The applicant or their authorized agent shall appear at the meeting in order for the request to be considered by the board.

4.

Judicial review of decision of planning board. Any person, jointly or severally, aggrieved by any quasi-judicial decision of the planning board on an application for a variance under subsection (6)f of this section, 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 planning board. Review in the circuit court shall be by petition for writ of certiorari or such other procedure as may be authorized by law.

(7)

Procedure for submission of plans.

a.

An application to erect, construct, renovate, demolish and/or alter an exterior of a building located or to be located in a district within the review authority of the planning board must be submitted to the planning services division at least 21 days prior to the regularly scheduled meeting of the board.

b.

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

c.

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

1.

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

2.

Each application shall be accompanied by accurate site plans, floor plans, exterior building elevations and similar information drawn to scale in sufficient detail to meet the plan submission requirements specified within the gateway districts.

3.

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.

4.

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

5.

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

(8)

Review and decision. The board shall promptly review such plans and shall render its decision on or before 31 days from the date that plans are submitted to the board for review.

(9)

Notification, building permit. Upon receiving the order of the board, the secretary of the board shall thereupon notify the applicant of the decision of the board. If the board approves the plans, and if all other requirements of the city have been met, the building official may issue a permit for the proposed building. If the board disapproves the plans, the building official may not issue such a permit. In a case where the board has disapproved the plans, the secretary of the board shall furnish the applicant with a copy of the board's written order, together with a copy of any recommendations for changes necessary to be made before the board will reconsider the plans.

(10)

Reconsideration. The planning board chairperson or vice-chairperson, together with the planning services department acting as a committee, shall review any minor revisions to determine whether the revisions made are in accordance with the articles and minutes of the applicable meeting. If the minor revisions required do not conform with the above requirements, no action may be taken. If, for some unforeseen reason, compliance is impractical, the item will be resubmitted at the next regularly scheduled meeting.

(11)

Abbreviated review. Sign requests, paint colors, fencing, and emergency repairs that are consistent with the guidelines set forth in section 12-3-12(1), may be approved by letter to the building official from the board secretary and the chairperson of the board. This provision is made in an effort to save the applicant and the board time for routine approval matters. If agreement cannot be reached as it pertains to such requests by the board secretary and chairperson, then the matter will be referred to the board for a decision.

(12)

Procedure for city council review. Any person or entity whose property interests are substantially affected by a decision of the board may, within 15 days thereafter, apply to the city council for review of the board's decision. A written notice shall be filed with the city clerk requesting the council to review said decision. If the applicant obtains a building permit within the 15-day time period specified for review of a board decision, said permit may be subject to revocation and any work undertaken in accordance with said permit may be required to be removed. The appellant 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.

(Code 1986, § 12-13-2; Ord. No. 34-99, § 5, 9-9-1999; Ord. No. 16-10, § 227, 9-9-2010; Ord. No. 06-16, § 3, 2-11-2016; Ord. No. 20-19, § 2, 9-26-2019; Ord. No. 23-20, 7-16-20)

The architectural review board is hereby established.

(1)

Membership. The architectural review board shall be composed of the following members appointed by city council:

a.

Two members nominated by West Florida Historic Preservation, Inc., each of whom shall be a resident of the city.

b.

One member who is either from the city planning board, or is a resident property owner of the Pensacola historic district, North Hill preservation district or Old East Hill preservation district.

c.

Two registered architects, each of whom shall be a resident of the city.

d.

One member who is a resident property owner of the Pensacola historic district, North Hill preservation district or Old East Hill preservation district.

e.

One member who is a property or business owner in the Palafox historic business district or the Governmental center district.

(2)

Terms of office; vacancies; removal from office. Members of the architectural review board shall serve for terms of two years or thereafter until their successors are appointed. Any member of the board may be removed from office in accordance with F.S. § 112.501 and/or the policy and procedures set forth by the city council. 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.

(3)

Officers; and technical assistance. The board shall elect from among its members a chairperson and vice-chairperson and such other officers as it may determine. The terms of officers shall be one year, with eligibility for reelection, and officers shall serve until their successors are selected and qualified. The planning services department shall serve as secretary to the board. The building official shall serve as an advisor to the board. The board may call upon any branch of the city government at any time for information and advice which in the opinion of the board will ensure efficiency of its work.

(4)

Rules of procedure, meetings, and records. The board shall adopt rules of procedure for the transaction of its business, and shall keep a record of its resolutions, transactions, findings and determinations. The board shall hold regular meetings once a month, and special meetings at such times as the board may determine or at the call of the chairperson or the planning services department. All regular and special meetings of the board shall be open to the public. A written record of the proceedings of the board shall be kept showing its actions on each question considered, and filed in the office of the secretary of the board.

(5)

Duties.

a.

The board shall have as its purpose the preservation and protection of buildings of historic and architectural value and the maintenance and enhancement of the following district:

1.

Pensacola historic district. Refer to section 12-3-10(1).

2.

North Hill preservation district. Refer to section 12-3-10(2).

3.

Old East Hill preservation district. Refer to section 12-3-10(3).

4.

Palafox historic business district. Refer to section 12-3-27.

5.

Governmental center district. Refer to section 12-3-28.

b.

It shall be the duty of the board to approve or disapprove plans for buildings to be erected, renovated or razed that are located, or are to be located, within the historical district or districts and to preserve the historical integrity and ancient appearance within any and all historical districts established by the governing body of the city, including the authority to grant variances, under the conditions and safeguards provided in section 12-11-2(a)(2), from the zoning ordinances of the city applicable in the Pensacola historic district, the North Hill preservation district, the Old East Hill preservation district, and the Palafox historic business district.

1.

Conditions for granting a zoning variance. In order to authorize any zoning variance from the terms of this title, the board must find in addition to the conditions specified in section 12-11-2(a)(2):

i.

That the variance granted will not detract from the architectural integrity and/or historical accuracy of the development and of its surroundings;

ii.

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.

2.

Hearing of variance applications.

i.

Application procedure.

(a)

An application for variance must be submitted to the planning services department at least 21 days prior to the regularly scheduled meeting of the architectural review board.

(b)

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

(c)

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

(d)

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

ii.

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

(a)

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

(b)

The 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.

(c)

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.

iii.

Public notice for variance.

(a)

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

(b)

Notice of the requests for variances 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 board meeting at the expense of the applicant.

(c)

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

The agenda will be mailed to the board members and applicants and other interested parties. The applicant or their authorized agent shall appear at the meeting in order for the request to be considered by the board.

(6)

Procedure of submission of plans.

a.

An application to erect, construct, renovate, demolish and/or alter an exterior of a building located or to be located in a district within the review authority of the architectural review board must be submitted to the planning services department at least 21 days prior to the regularly scheduled meeting of the board.

b.

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

c.

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

1.

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

2.

Each application shall be accompanied by accurate site plans, floor plans, exterior building elevations and similar information drawn to scale in sufficient detail to meet the plan submission requirements specified within the historic and preservation districts.

3.

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.

4.

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

5.

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

d.

Public notice requirements. The city shall provide a copy of the monthly architectural review board meeting agenda to the appropriate neighborhood, homeowner, or property owner association at least seven days prior to the board meeting.

(7)

Review and decision. The board shall promptly review such plans and shall render its decision on or before 31 days from the date that plans are submitted, to the board for review.

(8)

Notification; building permit. Upon receiving the order of the board, the secretary of the board shall thereupon notify the applicant of the decision of the board. If the board approves the plans and if all other requirements of the city have been met, the building official may issue a permit for the proposed building. If the board disapproves the plans, the building official may not issue such permit. In a case where the board has disapproved the plans, the secretary of the board shall furnish the applicant with a copy of the board's written order, together with a copy of any recommendations for changes necessary to be made before the board will reconsider the plans.

(9)

Failure to review plans. If no action upon plans submitted to the board has been taken at the expiration of 31 days from the date of submission of the plans to the board for review, such plans shall be deemed to have been approved, and if all other requirements of the city have been met, the building official may issue a permit for the proposed building.

(10)

General considerations.

a.

Each respective district referred to in subsection (5) of this section includes specific rules governing ARB decisions.

b.

The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings has been adopted by the ARB for the general review guidelines.

(11)

Reconsideration. The board shall adopt written rules and procedures for abbreviated review for deviations in projects already approved by the board. This process may authorize the board to designate one of its members to undertake such abbreviated review without the necessity for review by the entire board; provided, however, such abbreviated review process shall require review by the staff of West Florida Historic Preservation, Inc. If agreement cannot be reached as it pertains to such request for abbreviated review by the board designee and West Florida Historic Preservation, Inc. staff, then the matter will be referred to the entire board for a decision.

(12)

Voting. No meeting shall be held without at least four of the board members present. All decisions may be rendered by a simple majority of the board members present and voting.

(13)

Procedure for review. Any person or entity whose property interests are substantially affected by a decision of the board may within 15 days thereafter, apply to the city council for review of the board's decision. A written notice shall be filed with the city clerk requesting the council to review said decision. If the applicant obtains a building permit within the 15-day time period specified for review of a board decision, said permit may be subject to revocation and any work undertaken in accordance with said permit may be required to be removed. The appellant 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.

(Code 1986, § 12-13-3; Ord. No. 15-94, § 2, 6-9-1994; Ord. No. 44-94, § 8, 10-13-1994; Ord. No. 37-95, § 1, 9-28-1995; Ord. No. 44-99, § 6, 11-18-1999; Ord. No. 15-00, § 11, 3-23-2000; Ord. No. 23-01, § 1, 10-11-2001; Ord. No. 12-09, § 4, 4-9-2009; Ord. No. 16-10, § 228, 9-9-2010)

APPLICATION DEADLINES

(Code 1986, § 12-13-5; Ord. No. 12-09, § 5, 4-9-2009; Ord. No. 23-20, 7-16-2020)

(a)

It is the expressed intent of this city to recognize the importance of balance in the appointment of minority and nonminority persons to membership on all boards, authorities and commissions and to promote that balance through the provisions of this section.

(b)

For purposes of this Code Section, "minority person" means:

(1)

An African American; that is, a person having origins in any of the racial groups of the African Diaspora.

(2)

A Hispanic American; that is, a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America, or the Caribbean, regardless of race.

(3)

An Asian American; that is, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands prior to 1778.

(4)

A Native American; that is, a person who has origins in any of the Indian Tribes of North America prior to 1835.

(5)

An American woman.

(c)

In addition, the city recognizes the importance of including persons with physical disabilities on all boards, authorities and commissions. Furthermore, it is recognized that all boards, authorities and commissions play a vital role in shaping public policy for the city, and the selection of the best-qualified candidates is the paramount obligation.

(d)

In appointing members to boards, authorities and commissions, the council should select, from among the best-qualified persons, those persons whose appointment would ensure that the membership of the board, authority or commission accurately reflects the proportion that minority persons represent in the population of the city as a whole, unless the law regulating such appointment requires otherwise, or minority persons cannot be recruited. If the size of the board, authority or commission precludes an accurate representation of minority persons, appointments should be made that conform to the requirements of this section insofar as possible.

(Code 1986, § 12-13-6; Ord. No. 20-12, § 1, 9-13-2012)