The county administrator or authorized designee shall interpret, administer, and enforce the permitting provisions of this Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

There shall be employed by the county such employees as the board of county commissioners (BoCC) whom may authorize and determine for the purpose of assisting the county administrator in the performance of his/her duties under this chapter.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

In administering, interpreting, and enforcing this chapter, the county administrator or designee shall issue all permits, as required under the Code, and collect all fees, as required, and transmit all fees collected to the clerk of the circuit court of the county for disposition as required by law. The county administrator shall also perform such other duties that are normal to the operation of land use planning and zoning, including the supervision of any employees hired under section 138-52.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Any person may report a violation of this chapter.

(1)

The County's code enforcement inspectors shall have the authority to investigate alleged violations of this chapter.

(2)

Investigations may be based upon statements of complainants or upon inspections performed by the County's code enforcement inspectors.

(3)

In conducting investigations of alleged violations of this chapter, the county's code enforcement inspectors shall have the authority, where otherwise lawful, to inspect property, obtain the signed statements of prospective witnesses, photograph violations, and do such other gathering of evidence as is necessary for the complete investigation of an alleged zoning violation.

(4)

Where violations of this chapter are found to exist during the course of any construction or other activity requiring a permit, a stop work order may be issued by the county building department, or any department referenced in this section, and work shall thereafter cease until the violation is corrected.

(5)

Where it is determined that a violation of this chapter exists, the county's code enforcement inspectors shall attempt to contact the violator and direct compliance with the provisions of this chapter. The county administrator may refer matters to the proper agency for other county, state and/or federal law violations not covered by this chapter.

(6)

Responsible parties: The owner(s) of property subject to this zoning code shall be responsible for compliance with this chapter with respect to their property. Enforcement action taken by the county or state may be brought against the owner(s) and/or persons or entities in control of the property, including a contractor working on the property.

(7)

Any person or entity that violates any provision of this chapter shall be deemed guilty of an infraction of a county ordinance and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or as allowed by Florida State Statutes. Each day a violation continues to exist constitutes a separate offense. Nothing contained in this section shall prohibit the county or state from bringing an appropriate civil action to ensure compliance with the zoning code or from utilizing the procedures found in article VIII of chapter 2 of the Pinellas County Code.

(8)

Where this chapter provides for permitted uses or activities, a violation of the particular section which provides for the permitted use or activity shall occur if dissimilar uses or activities are existing on the subject property. Failure to obtain a permit, site plan or clearance from the county, as required in this chapter, shall be considered a violation of the particular provision requiring the permit, site plan or clearance.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 4, 4-27-21)

(a)

Full disclosure of ownership of property sought to be rezoned. No authority shall rezone nor shall it consider an application for rezoning of real property within its jurisdiction until such time as the applicant has fully disclosed all persons having any ownership interests in the property sought by application to be rezoned and whether such ownership interests are contingent or absolute.

(b)

Penalty. Violations of this section are punishable as provided in section 134-8.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

The review and decision-making authorities outlined herein are established to interpret and apply the provisions of the land development code in reviewing and recommending, and/or taking final action on land development, land use permits, applications activities, and other procedures established in this Code. In the event of a conflict between this article and section 158-111, the later shall control. This division establishes and describes each review and decision making body. The decision-making authorities herein are responsible for reviewing and implementing land use and development standards. This section shall not affect other duties and authorities established in other code sections, the charter and/or state law.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Establishment. Department review procedures shall be established to conduct action for clear and objective development reviews of development proposals and requests. Department reviews are administrative and involve non-subjective implementation of the Code.

(b)

Composition. The county administrator shall designate directors to manage county departments. Directors shall assign designated staff to facilitate, review, and determine compliance for requests listed in subsection (c) of this section.

(c)

Powers and duties. In addition to the administrative duties assigned by the county administrator, county departments shall have the power and duties to review and take action on the following land usage and development-related applications and requests:

(1)

Application/review types. Departments shall have the authority to review and take action on any of the applications/requests designated to the Type 1—Path A review as listed in Table 138-77.

(2)

Time extensions. The county administrator or designee shall have the authority to grant time extensions to department approvals, site plans, and administrative adjustments and waivers up to one year from the previous approval.

(3)

Other actions and powers. Departments shall have the authority to take action and powers on items that are not specifically assigned to a higher review authority, as established by the Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 5, 4-27-21)

(a)

Establishment. The Development Review Committee (DRC) is hereby established to review and analyze certain development proposals in order to assist the applicant and ensure compliance with this Code and the Comprehensive Plan. The DRC is established to provide a more collaborative technical review and analysis of Site Plans, Type 2, Type 3, and Type 4 reviews. The DRC is also established to provide information and analysis to applicants, higher review authorities, and boards.

(b)

Composition. The DRC shall be composed of designated county staff members.

(1)

The Building and Development Review Services director or designee shall be a member of the DRC.

(2)

The DRC shall be composed of staff members with technical knowledge in the subject areas listed below:

a.

Land use planning/urban design.

b.

Civil engineering/Floodplain Management.

c.

Utilities.

d.

Roadways and transportation.

e.

Environmental management/biology.

f.

Public Safety.

g.

Economic development.

h.

Other subject areas as determined by the BDRS Director.

(c)

Powers and duties. The DRC shall have the power and duties to review and analyze the following development-related applications and requests:

(1)

Application/review types. The DRC shall have the authority to review and analyze the following applications:

a.

The DRC shall have the authority to conduct completeness and sufficiency reviews on the applications/requests designated to the Type 2, Type 3, and Type 4 review as listed in Table 138-77. Comments made by the DRC are solely for informational purposes and shall not be construed as an approval or denial of any application. Failure of the DRC to identify any required permits or procedures shall not relieve the applicant of any such requirements nor constitute a waiver of the requirement by the decision-making body.

b.

The DRC shall have the authority to conduct Technical Reviews of Site Plans. Comments made by the DRC are solely for informational purposes and shall not be construed as an approval or denial of any application. Failure of the DRC to identify any required permits or procedures shall not relieve the applicant of any such requirements nor constitute a waiver of the requirement by the decision-making body.

(2)

Adoption of procedural rules. The DRC shall have the authority to adopt rules of procedure.

(3)

Other authority. The DRC shall have authority to review and analyze such other matters as provided by this Code or as may be assigned by the Board of County Commissioners or county administrator.

(d)

DRC meeting requirements.

(1)

Record of proceedings.

a.

Records maintenance. All records of any proceeding before the DRC shall be filed with the county.

b.

Recording. All DRC meetings shall be recorded and filed with the County.

c.

Application files. Application files shall be held and maintained by the county.

(2)

Schedule. The DRC shall determine an appropriate meeting schedule to ensure that issues before the committee are analyzed in a timely manner.

(3)

Public meeting.

a.

All meetings of the DRC shall be open to the public.

b.

An agenda shall be prepared and distributed to each member prior to each meeting.

c.

All applicants having requests reviewed by the DRC will be provided an agenda and invited to attend and participate in the meeting.

(4)

Final determination. The information and analysis provided to a higher board shall be based on adopted policies in the comprehensive plan, state and federal law and the Pinellas County Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-25, § 3, 10-31-23; Ord. No. 24-14, § 2, 4-23-24; Ord. No. 25-3, § 1, 1-28-25)

(a)

Establishment. The Pinellas County Historic Preservation Board is established in chapter 146 of the Pinellas County Code and is responsible for matters pertaining to historic and archaeological preservation.

(b)

Powers and duties. The Pinellas County Historic Preservation Board shall have the power and duties to review and approve the following development-related applications and requests:

(1)

Historical preservation. Any action/requested as outlined in chapter 146, historical preservation of the Pinellas County Code. The Pinellas County Historical Preservation Board may be required to issue a determination for certain development proposals involving designated historical structures/districts.

(2)

Other authority. The historic preservation board shall have authority to review and take action on such other matters as assigned by the board of county commissioners from time to time.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Establishment. The board of adjustment and appeals (BAA) is established to be the approval authority for Type 2 processes.

(b)

Composition.

(1)

The BAA shall be composed of seven members, one each nominated by each member of the board of county commissioners and appointed by the board of county commissioners. The term of office shall be up to four years and shall run concurrently with the term of the nominating commissioner. The board of county commissioners may appoint two alternate members to the BAA to serve during the absence of any regular member. Alternate members shall serve four-year terms.

(2)

A BAA member may be removed and replaced by the board of commissioners at will.

(c)

Powers and duties. The BAA shall have the power and duties to review and take action on the following:

(1)

Application/review types. The BAA shall have the authority to review and take action on any of the applications/requests designated to the Type 2 review as listed in Table 138-77.

(2)

Appeals.

a.

The BAA shall have the authority to review appeals from department reviews.

b.

The BAA shall have the authority to review appeals from vested rights determinations made by the County Administrator or his or her designee per chapter 134, article V.

(3)

Adoption of procedural rules. The BAA shall have the authority to adopt rules of procedure.

(4)

Other authority. The BAA shall have authority to review and decide on such other matters as assigned by the board of county commissioners or county administrator from time to time.

(d)

Quorum. Four BAA members shall constitute a quorum.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 6, 4-27-21; Ord. No. 24-14, § 2, 4-23-24)

(a)

Establishment. The local planning agency (LPA) is established to review certain land use proposals and policy amendments and to make recommendations to the board of county commissioners.

(b)

Composition. The LPA shall be composed of seven members, one nominated by each member of the board of county commissioners and appointed collectively by the board of county commissioners. The board of county commissioners may appoint two alternate members to the LPA to serve during the absence of any regular member. Alternate members shall serve four-year terms.

(1)

The term of office shall be up to four years and shall run concurrently with the term of the nominating commissioner.

(2)

A Local Planning Agency member may be removed and replaced by the Board of Commissioners at will.

(c)

Powers and duties. Local planning agency (LPA) shall have the power and duties to review and make recommendations on the following:

(1)

Application/review types. The LPA shall have the authority to review and make recommendations on any of the applications/requests designated to the Type 3 and Type 4 review as listed in Table 138-77.

(2)

Recommendations. The LPA shall have the authority to provide recommendations to higher review authorities and boards as assigned by the board of county commissioners or the county administrator.

(3)

Adoption of procedural rules. The LPA shall have the authority to adopt rules of procedure.

(4)

Other authority. The LPA shall have authority to review and to make recommendations on such other matters as provided by this Code or as may be assigned by the board of county commissioners.

(d)

Quorum. Four LPA members of the committee shall constitute a quorum.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 7, 4-27-21)

(a)

Establishment. The board of county commissioners (BoCC) is authorized to exercise their powers as established by statute, charter and other chapters of the Pinellas County Code.

(b)

Powers and duties. In addition to other authority granted by the Florida Constitution, state law and charter, the BoCC shall have the power and duties to review and take action on the following land usage and development-related items:

(1)

Application/review types. The BoCC shall have the authority to review and take action on any of the applications/requests designated to the Type 3, Type 4, and Type 5 reviews as listed in Table 138-77

(2)

Other authority. The BoCC shall have authority to review and decide on such other matters as provided by this Code or as allowed by state law.

(c)

Countywide planning authority. The BoCC shall use their authority as the countywide planning authority (CPA) to take action pursuant to the countywide rules.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Review procedures of this chapter shall be applicable to any development, land usage, or property modification in unincorporated Pinellas County. Development, land usage, and/or property modification shall also be subject to other provisions of the Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 8, 4-27-21)

Any development, land usage, or property modification shall obtain approval through one or more review types as established in this Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Each application/request shall be processed and reviewed pursuant to the required review type as established in Table 138-77—Review Type and Approval.

(b)

Certain land uses are assigned a review type pursuant to the property's zoning district. The required review type for the proposed land use is established in article III, division 3, and summarized in Table 138-355.

(c)

Each review type is summarized in Table 138-77 along with the associated application/request, decision making authority, and appeal authority. The subsequent sections of this chapter provide additional provisions and authorities for each review type.

(d)

During review Types 2, 3, 4, and 5, the applicant may request a continuance. Staff may grant the continuance before the case is publicly noticed. Following public notice, the review or decision-making authority may continue an application for good cause in its sole discretion.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 9, 4-27-21; Ord No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. Type 1 review is an administrative process to ensure that development projects, land usages, and activities comply with the minimum provisions of this Code. A Type 1 process is intended to be a clear and objective review.

(b)

Application types. A Type 1 review is required for the following applicable types:

(1)

The applications/requests designated to the Type 1 review as listed in Table 138-77.

(2)

Other authority as allowed in this Code.

(c)

Performed by. Type 1 review is performed by one of the following authorities:

(1)

Department review. Considered a Type 1—Path A review, the applicable county department, as determined by the county administrator, may review and provide action on any application requiring Type 1 review. Department reviews may occur for applications/requests pursuant to Table 138.81.a.

(2)

County Administrator or his or her designee. Considered a Type 1—Path B review, the County Administrator or his or her designee reviews applications/request pursuant to Table 138.81.a.

Table 138.81.a—Type 1 Reviewing Authorities by Application and Request Type further identifies which reviewing authority is tasked with each application/request.

(d)

Result. Type 1 reviews will result in one of the following actions based on application type.

(1)

For code interpretations and zoning clearance letters, the applicable department will issue a written determination of the requested property and/or land use issue.

(2)

For Type 1 uses not involving a site plan, the applicable department will issue a determination whether the use is permitted or not permitted based on code requirements.

(3)

For Type 1 uses involving a site plan, the Director of BDRS will issue a written determination of approval, approval with conditions, or denial, based on the provisions of the Code.

(4)

For waivers and administrative adjustments, the reviewing authority will issue a written determination of approval, approval with conditions, or denial based on the provisions of the Code.

(e)

Appeal process and authority. Type 1 review decisions may be appealed as per Table 138-77 and per section 134-14.

(f)

Review procedures.

The following Table 138.81.b—Type 1 Review Procedure, outlines the general review procedures for Type 1 submittals.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, §§ 10, 11, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. Type 2 review is a public hearing process to ensure that development projects, land usages, and activities comply with the minimum provisions of this Code and are consistent with the comprehensive plan. A Type 2 process requires the board of adjustment and appeals (BAA) to determine the appropriateness of certain applications/requests at specific locations within the county.

(b)

Application types. A Type 2 review is required for the following applicable types:

(1)

The applications/requests designated to the Type 2 review as listed in Table 138-77 and Table 138-355 (article III, division 3).

(2)

Other authority as provided by this Code.

(c)

Performed by. Type 2 review is performed by the following authorities:

(1)

Development review committee (DRC). The DRC reviews the application/request, and provides information and analysis to staff to assist in writing a staff report to the BAA.

(2)

Board of adjustment and appeals (BAA). The BAA reviews the application/request, department staff report, conducts a public hearing, and takes final action on Type 2 uses and variances to code standards.

(d)

Result. Type 2 reviews will result in a notice of official action.

(e)

Appeal process and authority. Type 2 review decisions may be appealed per Table 138-77 and per section 134-14.

(f)

Review procedures.

(1)

The applicant shall file a formal application with the applicable department as determined by the county administrator.

a.

The application shall include, at a minimum:

1.

Applicant, owner, and property information.

2.

Description of the request.

3.

A conceptual plan or drawing illustrating the request. Plans shall be drawn to scale and show the property boundaries, proposed improvements and connections to the roadway system.

b.

The following Table 138.82.a, Type 2 Review Procedure, outlines the general review procedures for Type 2 submittals.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. Type 3 review is a public hearing process to ensure that development projects, land usages, Land Development Code text amendments, and activities comply with the minimum provisions of code and are consistent with the comprehensive plan. A Type 3 process requires the board of county commissioners (BoCC) to determine the appropriateness of certain applications/requests at specific locations within the county.

(b)

Application types. A Type 3 review is required for the following applicable types:

(1)

The applications/requests designated to the Type 3 review as listed in Table 138-77 and Table 138-355 (article III, division 3).

(2)

Other authority as provided by this Code, the State of Florida, or similar laws.

(c)

Performed by. Type 3 review is performed by the following authorities:

(1)

Development review committee (DRC). The DRC reviews the application/request, and provides information and analysis to staff to assist in writing a staff report to the LPA.

(2)

Local planning agency (LPA). The LPA reviews the application/request, department staff report, conducts a public hearing, and makes a formal recommendation to the BoCC.

(3)

Board of county commissioners (BoCC). The BoCC reviews the application/request, reviews the department staff report, reviews LPA recommendation and findings, conducts a public hearing, and takes final action.

(d)

Result. Type 3 reviews will result in a written determination.

(e)

Appeal process and authority. Type 3 review decisions may be appealed per Table 138-77 and per section 134-14.

(f)

Review procedures.

(1)

The applicant shall file a formal application with the applicable department as determined by the county administrator.

a.

The application shall include, at a minimum:

1.

Applicant, owner, and property information.

2.

Description of the request.

3.

A conceptual plan or drawing illustrating the request, if applicable. Plans shall be drawn to scale and show the property boundaries, proposed improvements, and connections to the roadway system.

b.

The following Table 138.83.a, Type 3 Review Procedure, outlines the general review procedures for Type 3 submittals.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 12, 4-27-21; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. Type 4 review is a public hearing process to consider changes to the comprehensive plan. A Type 4 process requires the board of county commissioners (BoCC) to determine the appropriateness of certain applications/requests based on the comprehensive plan, the countywide rules, and other sound community planning practices.

(b)

Application types. A Type 4 review is required for the following applicable types:

(1)

Comprehensive plan amendments.

(2)

Zone changes and Land Development Code text amendments that are processed concurrent with an associated comprehensive plan amendment.

(c)

Performed by. Type 4 review is performed by the following authorities:

(1)

Development review committee (DRC). The DRC reviews the application/request, and provides information and analysis to staff to assist in writing a staff report to the local planning agency (LPA).

(2)

Local planning agency (LPA). The LPA reviews the application/request, conducts a public hearing, and makes a formal recommendation to the BoCC.

(3)

Board of county commissioners (BoCC). The BoCC reviews the application/request, department staff report, reviews LPA recommendation and findings, conducts a public hearing, and takes final action whether to change the Pinellas County Comprehensive Plan and/or Future Land Use Map.

(4)

Countywide planning authority (CPA). The BoCC, in its role as the CPA, reviews Comprehensive Plan amendments when the request will require changes to the countywide land use plan. Where authorized by the countywide rules, the CPA reviews the application/request, reviews staff reports and recommendations, conducts a public hearing, and takes final action pertaining to the countywide land use plan pursuant to the countywide rules.

(d)

Result. Type 4 reviews will result in a written determination.

(e)

Appeal process and authority. Type 4 review decisions may be appealed per Table 138-77 and per section 134-14.

(f)

Review procedure.

(1)

The applicant shall file a formal application with the county.

a.

The application shall include, at a minimum:

1.

Applicant, owner, and property information.

2.

Description of the request.

b.

The following Table 138.84.a—Level 4 Review Procedure, outlines the general review procedures for Type 4 submittals.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. Type 5 review is a formal adoption process for final plats, public land transfers, and right-of-way transfers, vacations and dedications. A Type 5 process requires the board of county commissioners (BoCC) to formally accept, adopt, and/or approve the legal instruments associated with these actions. A Type 5 review occurs AFTER receiving preliminary plat, preliminary subdivision, and preliminary right-of-way transfer approval as part of a Type 1 review.

(b)

Application types. A Type 5 review is required for the following applicable types:

(1)

Final plats, including Minor Plats

(2)

Final public land transfers

(3)

Final right-of-way transfers, vacations and dedications

(c)

Performed by. Type 5 review is performed by the following authorities:

(1)

County staff. County staff reviews the application/request, writes a staff report, and provides a recommendation to the board of county commissioners (BoCC).

(2)

Board of county commissioners (BoCC). The BoCC reviews the application/request and takes final action whether to approve the application/request.

(d)

Result. Type 5 reviews will result in a written notice of official action.

(e)

Review procedure.

(1)

The applicant shall file a formal application with the applicable department as determined by the county administrator.

a.

The application shall include, at a minimum:

1.

Applicant, owner, and property information.

2.

All applicable drawings and legal descriptions.

b.

The following Table 138.85.a—Type 5 Review Procedure, outlines the general review procedures for Type 5 submittals.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

A zoning clearance determines if an application is in conformance with the provisions of the Code or as permitted by special approval such as a variance, development agreement or similar action. It is required and should be obtained prior to any property use, development activity or land disturbance. Zoning clearance is often performed as part of a site plan review or building permit application review process.

(a)

Prior to the use of any land or structure or the expansion of any use of land or structure and prior to the issuance of a building permit, a zoning clearance must be determined.

(b)

For the purpose of this Code, a zoning clearance is a written determination granted to an applicant indicating that the property, land usage(s), and improvements/structures conforms to zoning requirements. When this occurs as part of the site plan and/or building permit application review processes, a separate written determination is not issued.

(c)

A zoning clearance shall be determined by the county administrator or designee.

(1)

The issuance of a zoning clearance does not exempt an applicant from complying with all laws properly affecting the use or development of land.

(2)

This clearance is required regardless of any other provision of this division.

(3)

Failure to obtain such clearance may be deemed a violation of this chapter.

(d)

Issuance and conditions:

(1)

Zoning clearances shall be determined as part of a Type 1 review. The resulting determination may require that the applicant make site modifications and/or secure the required review type approval for the requested outcome.

(2)

The county administrator or designee may request additional information pertaining to the project in order to conduct a thorough review and ensure full compliance with this Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 25-3, § 1, 1-28-25)

(a)

Any member of the public may request a code interpretation of any provision in the Pinellas County Code of Ordinances Part III Land Development Code as it relates to development, the review process(es), and/or use of land on any parcel in unincorporated Pinellas County.

(b)

A code interpretation is intended for cases and situations where the standards and requirements are not clear and/or there is opportunity for interpretation. It is also intended for those cases that require a thorough code review and involve multiple code sections in making a determination.

(c)

Issuance and conditions.

(1)

Code Interpretation requests shall be issued by the county administrator or designee as part of a Type 1 — Path A Department Review.

(2)

All requests for code interpretations may include:

a.

A legal description, address, and/or parcel identification of the property for which the request is made.

b.

A description of requested interpretation as it relates to a development, review process, and/or use of land.

c.

A conceptual plan or drawing illustrating the request when applicable. Plans shall be drawn to scale and show the property boundaries, proposed improvements, and connections to the roadway system.

(3)

The county administrator or designee shall review the relevant code sections and the comprehensive plan in reaching a determination. The code interpretation shall not be used to circumvent adopted policy or code requirement.

(4)

The county administrator or designee shall provide a written finding of the Code interpretation as it applies to the case and situation.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

The following uses require Site Plan Type 1 Path B review:

1.

All new construction, unless otherwise specified by this section.

a.

Single-family dwellings, duplexes, or triplexes when constructed on an established individual lot or parcel shall be exempt from site plan review. This provision does not exempt these uses from complying with other codes, regulations and ordinances applicable to site plan review.

b.

Accessory uses/structures that are associated to a particular single-family dwelling, duplex, or triplex are exempt from site plan review.

2.

New buildings and/or building additions involving the construction of 3,000 square feet or more of building footprint area OR the total surface coverage area of construction exceeding 7,500 square feet or more of impervious surface whether such surface includes all site surface cover or a combination of building and site surface cover.

3.

All subdivision plats, excluding minor plats as defined under section 154-265, involving a plat and as consistent with state statutes.

4.

All new roadways and streets.

5.

A land use or combination of land uses on a property generating greater than 150 additional peak hour trips from the proposed improvements.

6.

Change of use to development that is more intensive than the previous use, as determined by the county administrator or his or her designee.

7.

Any land excavation or fill referenced in Section 138.3341.

(b)

All other development activity shall be reviewed and processed under the building permit process with a determination if the minor site plan scope is a Development Review Services (DRS) staff review or an Interdepartmental Distributed (ID) staff review.

(c)

Compliance with Chapter 154-52, Pinellas County Stormwater Manual, applies except as specified for Minor Plats per section 154-265(a)(1)(i).

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 13, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 25-3, § 1, 1-28-25)

(a)

Site plans.

(1)

A site plan shall be reviewed as a Type 1—Path B review.

(2)

The site plan shall be provided to demonstrate full compliance with the provisions of the Code and any condition imposed by any decision-making authority for the use. The site plan shall include the items and information listed in section 138-178—Site plan requirements.

(b)

Site plans for affordable housing developments (AHDs).

(1)

It is the intent of the board of county commissioners that these plans shall be given priority in the review system.

(2)

County Staff shall provide an expeditious review of these plans.

(c)

Site plans for economic development projects. Economic development projects that are identified to be a priority by the board of county commissions shall be expedited in the review process.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

Site plan set. A site plan shall be provided as a set of documents per county procedures and departmental checklist.

(b)

Site plan set preparation. Site plan elements shall be prepared by:

(1)

Property surveys and new legal descriptions shall be prepared by a licensed professional surveyor to conduct work in the State of Florida.

(2)

Development plans, grading plans, utility plans and similar plans shall be prepared by an appropriate professional licensed to conduct work in the State of Florida.

(3)

A statement from the servicing utility companies which supply water, sewer, and electric service indicating the utility is available for the proposed development. If water or sewer is not available, the County health department must approve potable water and/or septic tank design, where applicable, before a development approval can be recommended by county staff. Land shall not be divided into parcels of less than two acres when a septic system would be the only means of waste disposal.

(c)

Approved site plan. After receiving site plan approval, the applicant shall submit updated copies of the site plan, containing all data and information required as follows, to the designated county department:

(1)

Final site plans, development designs, reports, or similar items that reflect staff's written determination.

(2)

A notice of intent (NOI) issued by the Florida Department of Environmental Protection (FDEP) for activities regulated under the National Pollutant Discharge Elimination System (NPDES) program or as amended.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 14, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24; Ord. No. 25-3, § 1, 1-28-25)

All development shall be constructed and maintained in strict compliance with the approved final site plan. Any additional site alteration shall require further site plan review. All land or water areas required to remain in a natural condition shall not be altered in any way from such natural condition, except by further site plan review and approval.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

It is the intent of this division that a site plan approval shall only remain valid for a period of 12 months unless construction of the project commences within 12 months of such approval and continues in good faith. Therefore, the following shall apply:

(1)

Single-phase projects. The site plan approval for a single-phase project shall only remain valid for a period of 12 months unless a building permit or construction plan approval for the project is obtained within 12 months from the date of site plan approval, and construction of the project continues in good faith thereafter, in accordance with the approved site plan and permits.

(2)

Multiphase or multi-building projects. The site plan for a multiphase or multi-building project shall only remain valid for a period of 12 months unless a building permit or construction plan approval is obtained for the first phase or building within 12 months from the date of the site plan approval and construction continues in good faith thereafter in accordance with the approved site plan and permit.

a.

Each subsequent phase or building to be constructed must receive a building permit within one year of the site plan anniversary date of the preceding phase or building (for which a permit was obtained and for which construction has continued in good faith) and construction continues in good faith thereafter in accordance with the approved site plan and permit.

b.

Permits for all subsequent phases or buildings issued pursuant to this division shall be issued in accordance with the original site plan.

c.

Any site plan for which construction has not commenced pursuant to this division shall become void and a new site plan meeting all current standards required for site plan approval must be submitted and approved prior to further development being authorized.

(b)

It is also intended that when site plan comments or reports are provided to a site plan applicant, the applicant shall have 90 days in which to revise and submit a site plan, in compliance with such reports or review, to the county for further review. Site plans not revised and received within such 90-day period shall be reviewed for compliance with county requirements in effect on the date of resubmittal. When received within such 90 days, the plan shall be reviewed under requirements provided to the applicant in the county's previous review or report.

(c)

At the county administrator's or designee's discretion, any site plan not approved within one year from the date of initial submittal shall be reviewed for compliance with all site plan requirements in effect on the date of approval of such plan.

(d)

The county administrator, or designee shall be authorized to extend any site plan approval for two additional 12-month periods subject to the following:

(1)

No changes to the site plan are required when the applicable development standards have not changed since the original approval.

(2)

At the county administrator's or designee's discretion, the site plan shall be updated to incorporate applicable development standards that have been changed since the original approval.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Fees for site plan review shall be as established by the board of county commissioners. A schedule of fees is available in the designated county department.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

This division will provide for the regulation and restriction of uses, structures, lots/parcels, or combinations thereof, which were once lawfully established prior to the current requirements of the Pinellas County Code and continued thereafter, but which would be prohibited, restricted, or regulated under the terms of an updated code or future amendments thereto. While the general intent is for uses, structures and lots to conform to this Code, it is acknowledged that preexisting conditions/situations should be afforded some provisions for repair, maintenance, reuse, and modernization.

(b)

Nonconformities. Nonconforming uses, structures, and lots/parcels are:

(1)

Those created prior to zoning regulations adopted September 3, 1963; and/or

(2)

Those situations caused by the adoption and amendment of the Pinellas County Comprehensive Plan, Pinellas County Code, and/or State Statutes that make a previously conforming use nonconforming.

(c)

Continuation of nonconformities. It is the intent of this chapter to permit the continuance of nonconformities consistent with the parameters of the Pinellas County Code. However this shall not be used as grounds for adding other prohibited uses or structures on the site or in the area, nor enlarging them by means of extension or expansion, except as specifically provided by this chapter.

(d)

Nonconforming status remains with land. It is the intent that all the rights and obligations associated with a nonconforming status shall run with the land and are not affected by a change in ownership or tenancy, unless the nonconformity is abandoned or deteriorated in excess of 50 percent of its appraised valuation for tax purposes.

(e)

Future conformity. It is the general intent that new development, land usage, and lots/parcels conform to the Pinellas County Code.

(f)

Illegal uses and structures. Nothing in this chapter shall be deemed to allow the use, change in use, repair, alteration, expansion, enlargement, or reconstruction of an illegal use or structure. Any such illegal use shall be discontinued and any such illegal structure shall be removed.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

A nonconforming situation may be verified pursuant to a Type 1 review. To be considered a nonconforming situation, the applicant must provide sufficient evidence to show that the land usage(s), structure, and/or property was allowed when established and was consistently maintained over time. If the applicant provides some standard evidence from the list below, the county administrator or designee will determine if the evidence is satisfactory and may require more information if necessary. The following items may be used as evidence in determining nonconforming status.

(a)

Situation allowed when established. Standard evidence that the nonconforming situation was allowed when established may include but is not limited to:

(1)

Building, land use, or development permits; or

(2)

Zoning codes or maps.

(b)

Situation maintained over time. Standard evidence that the nonconforming situation has been maintained over time may include but is not limited to:

(1)

Utility bills for the specific land use and/or unit;

(2)

Income tax records;

(3)

Business licenses, use permits, or the like for the specific land use;

(4)

Advertisements in dated publications pertaining to the specific land use;

(5)

Insurance policies for the specific land use, structure and/or unit;

(6)

Leases for the specific land use and/or unit;

(7)

Dated aerial photos showing site improvements and/or land use activity;

(8)

Insurance maps that identify use or development, such as the Sanborn Maps;

(9)

Land use and development inventories prepared by a government agency; and/or

(10)

Affidavit of witness.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

A nonconforming use is a land use activity that exists on a property that would not be permitted under the current code, but was lawful at the time it was established. The following standards and requirements apply to legally nonconforming uses.

(a)

Continuation. A nonconforming use may continue in operation at the same intensity/scale that it was legally established, unless otherwise prohibited herein.

(b)

Abandonment. When a nonconforming use of land or structure has been abandoned, for more than 180 consecutive days, its future use shall conform to the uses permitted in the district in which such land is located. Such lands shall not thereafter be occupied by any nonconforming use.

(c)

Maintenance and repair. Structures that contain nonconforming uses may be maintained and repaired pursuant to the district dimensional standards or as allowed in the nonconforming structures subsection of this chapter.

(d)

Location. A nonconforming use shall not be moved in whole or in part from one lot/parcel to another lot/parcel, except as to bring the use into conformance with this Code.

(e)

Modification and expansion. A legal nonconforming use may only be modified, enlarged, extended, or intensified pursuant to this section.

(1)

Nonresidential nonconforming uses. Any increase in intensity for a nonresidential nonconforming use shall require special approval as a Type 2 review.

(2)

Multifamily nonconforming uses. The total square-footage of a multifamily, nonconforming use may be modified up to 20 percent of its square-footage from the time when the use was made nonconforming. Adding dwelling units to a nonconforming multifamily use is not allowed. Any further increases require special approval as a Type 2 review.

(3)

Single-family attached/detached, three-family, and two-family nonconforming uses. The total square-footage of the nonconforming use may be modified, enlarged, extended, or intensified up to 20 percent of its square-footage from the time when the use was made nonconforming. Any further increases require special approval as a Type 2 review.

(4)

Approval criteria for modifications and expansions. When a modification to a nonconforming use is proposed, the request shall be consistent with the following criteria:

a.

The proposal will not materially change the character or quality of the neighborhood in which it is located;

b.

The proposal will be compatible with the land use and zoning designations of the surrounding properties;

c.

The new development associated with the proposal will comply with current dimensional requirements;

d.

The proposal complies with the level of service standards as set forth in the Pinellas County Comprehensive Plan; and

e.

A nonconforming use shall not be expanded beyond the boundaries of the parcel of land it occupied when it became nonconforming.

(f)

Redevelopment and re-establishment. A property may be entirely redeveloped and/or re-established with the nonconforming use or situation subject to the provisions of section 138-208 of this division.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

A nonconforming structure is a building or manmade feature that was lawfully established according to the rules and regulations in force at the time of its establishment, but would not be permitted under the current code. The following standards and requirements apply to legally nonconforming structures.

(a)

Deterioration. A nonconforming structure which is hereafter damaged or destroyed in excess of 50 percent or more of its appraised valuation for tax purposes by deterioration may not be reconstructed, repaired, or restored except in compliance with the requirements of this division.

(b)

Maintenance and repair. A nonconforming structure may be maintained and repaired pursuant to the following:

(1)

Any physical change to the structure shall not increase the degree of nonconformity unless otherwise permitted by code.

(2)

Any nonconforming structure or portion thereof declared to be unsafe, by the county administrator or designee, may be restored to a safe condition. However, where deterioration exceeds 50 percent of the structure's appraised valuation for tax purposes, repairs shall occur in accordance to district standards.

(3)

All interior, utility, accessibility, and/or life-safety alternations and repairs are permitted.

(c)

Modification and expansion. A nonconforming structure may only be modified, enlarged, extended, or intensified pursuant to this section.

(1)

Conforming additions. Nonconforming structures may be expanded in a manner that conforms to the district standards and other applicable sections of the Code and does not increase the degree of nonconformance.

(2)

Nonresidential setback encroachment allowances. Nonresidential structures that currently encroach into required setback(s), may be allowed to expand within these areas subject to the following:

a.

Front setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the front setback.

2.

A structure may be expanded within the setback up to 20 feet horizontally from an existing nonconforming building line.

b.

Side and rear setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the side/rear setback where the situation results in at least three feet from the property line.

2.

A structure may be expanded within the setback up to ten feet horizontally from an existing nonconforming building line. The situation must result in at least three feet from the property line.

3.

However, these side and rear yard encroachment allowances are not allowed when the adjoining lot is occupied by a residential structure and zoned as a residential district.

(3)

Residential setback encroachment allowances. Residential structures that currently encroach into required setback(s), may be allowed to expand within these areas subject to the following:

a.

Front setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the front setback.

2.

A structure may be expanded within the setback up to five feet horizontally from an existing nonconforming building line.

b.

Side and rear setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the side/rear setback where the situation results in at least three feet from the property line.

2.

A structure may be expanded within the setback up to five feet horizontally from an existing nonconforming building line. The situation must result in at least three feet from the property line.

(4)

Substandard parking. A change of property/building use and/or building expansions are subject to the parking requirements and thresholds of chapter 138, article X, division 2, parking and loading. Substandard parking shall be modified pursuant to those Code standards.

(5)

Substandard landscaping. A change of property/building use and/or building expansions are subject to the landscaping requirements and thresholds of chapter 138, article X, division 3, landscaping. Substandard landscaping shall be modified pursuant to those Code standards.

(d)

Redevelopment and re-establishment. A property may be redeveloped and/or re-established with the nonconforming situation subject to the provisions of section 138-208 of this division.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

A property may be redeveloped and/or re-established with the nonconforming use/structure subject to the provisions of this section.

(a)

Residential nonconforming use/structure. A verified residential nonconforming use or structure that is destroyed or damaged in excess of 50 percent of its appraised valuation for tax purposes by an act of nature or accident may be re-established or reconstructed up to its previously existing lawfully established density, subject to the following:

(1)

The re-established use or reconstructed structure must be located within a future land use map category and zoning district that permit residential uses.

(2)

The re-established use or reconstructed structure must otherwise conform to the regulations of the applicable zoning district and other relevant county codes. Whereas, variances, waivers, and administrative adjustments may be sought as allowed by Code.

(b)

All other nonconforming situations. A verified nonresidential nonconforming use/structure or a verified residential nonconforming use/structure that does not meet the criteria of section 138.208(a)(1), may be redeveloped, re-established, or reconstructed in full or in part pursuant to special approval as a Type 2 review. An approval may include conditions based on the degree to which the application is:

(1)

Consistent with the comprehensive plan;

(2)

Compatible with the density, lot sizes and building types within the surrounding area;

(3)

Compliant with the land development regulations of the applicable zoning district and other relevant county codes at the time of application;

(4)

Mitigating any adverse impacts on the surrounding area as a result of the use, number of residential units, or building floor area ratio on the site in excess of that allowed under the current zoning district, substandard maintenance, or other similar factors related to the application.

(c)

States of emergency exception. The provisions of this section shall be applicable to any pre-existing, nonconforming situation which has incurred damage from a state of emergency caused by a natural disaster or other catastrophic event that is declared and recognized by the county administrator. The structure and use may be replaced/reestablished at the location and intensity/density which the structure was established prior to the state of emergency.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

A nonconforming lot/parcel is a property that does not meet the minimum requirements of code, but was lawful at the time it was established. The following standards and requirements apply to verified nonconforming lots/parcels.

(a)

Lot/parcel use. A verified nonconforming lot or parcel may be used for development subject to compliance with all other district standards (e.g., setbacks, buffers, intensity/density, and allowable use(s)).

(1)

Modifications may be made to existing structures on a nonconforming lot/parcel; however, additions and expansions shall comply with district standards.

(2)

Nonconforming residential lots shall be permitted at least one dwelling unit in situations where the property's density allowance, pursuant to its future land use classification, is less than one.

(b)

Lot/parcel modifications. Lots/parcel dimensions may be modified or reconfigured in a manner that retains the existing nonconforming characteristic(s) and/or results in a situation that improves compliance with the minimum lot/parcel standards of Code. The lot/parcel dimensions shall not be modified or reconfigured in a manner that will further reduce compliance to the minimum lot/parcel standards of code. An exception is allowed for eminent domain actions.

(c)

If at any time the owner of a nonconforming parcel or lot owns adjoining unimproved land then the lots or land shall be combined to meet the minimum requirements of this Code.

(d)

A nonconforming lot that is under common ownership with an adjoining lot may be built upon if the following standards are met:

(1)

The lot consists of at least one entire lot of record on the effective date of this Code.

(2)

The lot was not created in violation of a previous zoning ordinance.

(3)

The lot was not combined with a neighboring lot under common ownership in order to allow the existing improvements on the neighboring developed lot to meet applicable setbacks. It is recognized that the neighboring developed lot may become non-conforming and may require future variances to re-build, expand, or alter the property.

(4)

There are other similarly-sized lots within the surrounding area.

(5)

It meets the density requirements of the applicable Future Land Use Map category.

(6)

A variance may not be granted under this section if it will reduce the area or width of a non-conforming lot.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 15, 4-27-21)

Any lot or parcel that was made nonconforming or substandard after the effective date of this section as a result of eminent domain shall be deemed to be a conforming lot or parcel for all purposes under this section, without the necessity for a variance from any land development standard.

However, where sufficient land is available so that deficiencies can be corrected with no resulting damage to the remainder, the corrective action shall be performed. This section shall not apply to any lot or parcel which is reduced in size by more than 25 percent by such action.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Nothing in this division exempts nonconforming uses from compliance with the performance standards required by this chapter or other valid codes, ordinances or regulations.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Intent. This section is primarily intended to require proportional site upgrades to nonconforming development elements that affect the appearance and functionality of the site and its impact on the surrounding neighborhood.

Site improvements pertaining to buffering, landscaping, bicycle parking, and pedestrian connections shall occur when substantial construction occurs to existing developments that do not fully comply with the current code standards. It is not intended to require extensive changes that would be extremely impractical and would require building demolition.

(b)

Applicability and threshold.

(1)

The provisions of this section apply to nonconforming developments in the multi-family districts, office and commercial districts, mixed-use district, and special districts. Additionally, all single-family detached, attached, duplex, and triplex, as well as certified economic development priority projects and affordable housing projects are exempt from the provisions of this section.

(2)

Nonconforming developments are applicable to the standards of this section when the value of the proposed alterations, improvements, and/or redevelopment on the site, as determined by the county administrator or designee, is more than 150 percent of just market value of the property.

a.

This shall be the cumulative value of improvements/development over a five-year period and shall not reset with a change in ownership.

b.

The following alterations and improvements do not count toward the threshold as stated above:

1.

Alterations related to fire/life safety standards and similar upgrades.

2.

Alterations related to the removal of existing architectural barriers, as required by the Americans with Disabilities Act or as specified the Florida State Statutes.

3.

Improvements to site landscaping.

4.

Improvements to on-site stormwater management facilities in conformance the Stormwater Manual and/or Florida State requirements.

5.

Improvements made to sites in order to comply with wellfield protection standards.

6.

Improvements relating to energy efficiency or renewable energy methods.

7.

Alterations relating to hazardous material/waste cleanup or similar activities.

(c)

Standards which must be met. Nonconforming developments that to do not fully comply with any of code related elements listed below must be brought closer into compliance as part of site alterations, improvements, and/or redevelopment and pursuant to this section.

(1)

Dumpster enclosure requirements pertaining to screening.

(2)

Bicycling parking requirements pertaining to quantity and facilities.

(3)

Landscaping requirements pertaining to parking lots and perimeter buffers.

(4)

Specific use standards for the applicable land use.

(5)

Pedestrian connection/circulation requirements for applicable district design standards.

(d)

Area of required improvements. Any required improvements must be made for the entire site. However, required improvements may be limited to a smaller area if there is a ground lease for the portion of the site where the alterations are proposed. The area of the ground lease will be considered as a separate site for purposes of required improvements.

(e)

Required improvement options. The applicant may choose one of the following options for making proportional site improvements:

(1)

Option 1. The site shall be redeveloped with improvements that bring the elements listed in section 138-220(c) closer into code compliance. In this option, the following shall apply:

a.

Five percent of the value of the proposed site and building alterations must be used to perform site improvements towards elements listed in section 138-220(c).

b.

In applying the required improvements from subset 'a.', the applicant may choose which of the improvements to the elements listed in section 138-220(c) to make.

c.

The required improvements must be made as part of the site alteration(s) that trigger(s) the required improvements.

d.

It is the responsibility of the applicant to document the value of the required improvements.

e.

However, if site improvements occur in a manner that bring all the elements listed in section 138-220(c) into conformance can be made for less than five percent of site alternations value, the site shall be deemed to comply with this section.

(2)

Option 2. Under option 2, the required improvements may be made over time, based on the compliance period identified in Table 138-220.a. However, by the end of the compliance period, the site must be brought into full code compliance with regard to the elements listed in section 138-220(c).

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

An applicant may seek relief, deviations, and/or adjustments from the dimensional and technical provisions of this Code as a variance, waiver and/or administrative adjustment; these are further described in individual sections of this division. Variances require a public hearing, and waivers and administrative adjustments require a department review.

(b)

A variance, waiver and/or administrative adjustment may not be granted to the following:

(1)

Density and intensity limitations of the Code and the Comprehensive Plan.

(2)

Land usage restrictions of the Code and the Comprehensive Plan.

(3)

Review and procedural requirements of Code.

(4)

State and federal rules, regulations, and standards.

(c)

Required information. These requests must be submitted to include the following information:

(1)

A proposed site development diagram (concept plan) drawn to scale.

(2)

An accurate survey of the subject site and adjustment properties.

(3)

A written explanation and justification of the requested variance, waiver, and/or administrative adjustment.

(4)

A written response for each of the criteria for granting of variances, waivers and/or administrative adjustment as listed in this division.

(5)

Other supplementation information as required by the county administrator or designee.

(d)

Initiation of construction. A variance, waiver and/or administrative adjustment issued under the provisions of this division shall automatically expire within two years from the date of granting such approval if construction of the project has not commenced and continued in good faith. All site plans must be approved and development orders must be final; and the granting of any variance, waiver, and/or administrative adjustment shall not be deemed as automatic approval for any such permit or site plan required.

(e)

Extensions. The county administrator or designee may grant an extension of up to one year upon a showing of good cause, provided the request for extension is submitted in writing stating the reason for extension and is received prior to the expiration of the variance, waiver and/or administrative adjustment.

(f)

Expiration. Variance, waivers, and administrative adjustment approvals shall automatically expire in the event a subject structure is removed from the site or a subject use is discontinued for a period of 180 consecutive days.

(g)

Economic hardship shall not be a justifiable reason for granting a variance, waiver or administrative adjustment.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 16, 4-27-21; Ord. No. 24-14, § 2, 4-23-24)

In order to authorize any variance, waiver, and/or administrative adjustment to the terms of the Code, the authorized reviewing body shall determine the following criteria have been satisfied:

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23)

Any request for a variance, waiver and/or administrative adjustment that is requested to cure or legally correct unauthorized construction, installation or other development activity that violates this Code, shall be limited and subject to the provisions of this section.

(a)

Unauthorized existing construction, installation or other development activity. Under no circumstances shall the county accept an application for a variance, waiver or administrative adjustment that arises from a request for after-the-fact relief from the provisions of the Code where a building, fence, or other structure or development activity has been built, installed, or otherwise occurred in violation of the Code and no permit, or zoning clearance where applicable, was issued for such construction, installation or other development activity, except where:

(1)

The property owner or contractor has made a mistake in the construction or installation, and it would be economically impracticable to correct the mistake at the time it was discovered; and

(2)

The appropriate building permit, zoning clearance or other use permit had been issued;

(3)

Such mistake could not have been avoided by the application of normal construction or business practices; and

(4)

Such case is proven before the reviewing and approving body by competent substantial evidence.

(5)

Then and only then, may the reviewing and approving body grant the minimum variance, waiver or administrative adjustment that will achieve a result that is fair to the applicant and the public alike.

(b)

Construction or installation in error. In circumstances where it can be demonstrated to the reviewing body by competent and substantial evidence that a violation of the Code has occurred during the time of ownership of a previous property owner without the actual, inquiry or constructive knowledge of the current property owner who could not have known of such violation by reasonable inquiry prior to the purchase or other acquisition of the property, the reviewing body may grant the following relief to the applicant:

(1)

The minimum relief necessary that will make possible the reasonable use of the land, building, fence, or structure;

(2)

Only for the life of said structure or installation that is the subject of the violation.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 17, 4-27-21)

(a)

The board of adjustment and appeals (BAA) shall have the authority to modify or revoke a previously granted variance. All applicants shall be so notified in the decision provided. Such modification or revocation may occur when the BAA finds that the use of the variance:

(1)

Is or has become detrimental to the general health, safety or welfare;

(2)

Does not meet the letter or the intent of the original standards required for such approval; or

(3)

Does not meet the letter or the intent of the special standards or conditions attached by the BAA in its approval of the application.

(b)

The modification or revocation of a previously granted request by the board of adjustment and appeals (BAA) shall follow the procedures for Type 2 Reviews as outlined in division 3 of this article as well as the administrative provisions outlined in chapter 134.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 18, 4-27-21)

(a)

Purpose. A variance is a request to lessen or remove certain dimensional standards of the Code for a particular property or structure. A variance is reviewed in a public hearing setting by the board of adjustment and appeals (BAA) or the board of county commissioners (BoCC). Action shall be determined by the reviewing authority.

(b)

Variances allowed. Subject to the criteria of this division, the BAA and/or BoCC may grant the following variances to the Code:

(1)

Zoning district dimensional requirements including lot size, setbacks and building height.

(2)

Parking requirements including parking quantity, dimensions, access, and location.

(3)

Landscaping and tree preservation requirements including plant quantity, size, species, and location.

(4)

Sign requirements including size, location, and quantity.

(5)

Fence requirements and limitations including height, materials, location, and size.

(6)

Building requirements and limitations including size, materials, facade treatment/design, and location. This shall not be allowed where the comprehensive plan imposes limitations including, but not limited to, floor area ratios and impervious surface ratios.

(7)

Other structural requirements including height, location, size, and materials.

(8)

Design criteria for any zoning district.

(9)

Specific use standard(s) within chapter 138 article IX for any land use that relate to numerical/dimensional requirements or design criteria within article IX or article X division 6 of chapter 138.

(10)

Alcohol sales distance limitation standards. This shall not be allowed to conflict with state requirements.

(11)

Animals and livestock standards.

(12)

Other similar requirements of the Code. However, variances pertaining to ADA standards are not permitted.

(13)

Review of variances related to chapter 154 article II section 154-52 Pinellas County Stormwater Manual are delegated to a Special Magistrate retained via contract with Pinellas County.

(c)

Variance review. Variances shall be reviewed pursuant to the following:

(1)

Variances may be processed as a Type 2 review. The BAA shall have the authority to review and take action on any variance.

(2)

Variances may be processed as a Type 3 review under certain situations. The BoCC shall have the authority to take action on any variance that is a part of the following:

a.

The establishment of a new Type 3 use; and/or

b.

Development agreements.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. The intent is to provide a means to seek relief and/or flexibility to the county's floodplain standards of chapter 158 based on unique situations, hardships, and alternative development strategies.

(b)

Floodplain standards variances allowed. The permitted variances to floodplain standards are established in chapter 158 of the Pinellas County Code.

(c)

Floodplain standards variance review. Variance to floodplain regulations shall be reviewed by the a Special Magistrate retained via contract with Pinellas County pursuant to chapter 158 division 7 of the Pinellas County Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

Purpose. There are situations that require flexibility to technical standards, dimensional standards, district design criteria, and/or specific use standards to respond to unique site conditions and/or existing conditions in the immediate vicinity. The waiver and administrative adjustment provisions are intended to allow an applicant to seek flexibility to certain code requirements and allow the county to administratively process and take action on said requests as a Type 1 review; the degree of the request will determine whether the application will follow a Path A or B review pursuant to subsection (d).

(1)

A waiver is an approved elimination of a particular technical standard based on a site constraint, and/or the ability to meet the intent by another means. Waivers generally have minimal or no impact on a neighboring property.

(2)

An administrative adjustment is an approved adjustment or reduction to certain dimensional standards and/or technical requirements of the Code based on a site constraint, and/or the ability to meet the intent by another means. Administrative adjustments may have some impact on a neighboring property.

(b)

Administrative adjustments. Subject to the criteria and limitations of this division, the approval authority may grant the following administrative adjustments to the Code:

(1)

Zoning district dimensional requirements may be adjusted up to 20 percent; this may include adjustments to setbacks, building height, and building size. Building size is only applicable to accessory dwelling units and accessory residential structures.

(2)

Parking and loading requirements may be adjusted subject the following limitations:

a.

The minimum parking and/or loading quantity may be adjusted up to 20 percent or two stalls/spaces whichever is greater; this adjustment may not be permitted in addition to the other administrative reductions outlined in chapter 138, article X, division 2.

b.

The minimum parking/loading dimensions may be adjusted up to 20 percent or two feet whichever is greater.

(3)

Landscaping and tree preservation requirements may be adjusted up to 50 percent; this may include adjustments to plant quantity, plant size, buffer width, and location.

(4)

Sign dimensional standards may be adjusted up to 20 percent; this is limited to adjustments to sign placement on the site and/or placement on a building.

(5)

Fence requirements and limitations may be adjusted up to 20 percent or two feet whichever is greater; this is limited to adjustments to height, location, and size.

(6)

Design criteria may be adjusted up to 20 percent; this is limited to adjustments to setbacks, building height, buffer width, façade treatment areas, and sidewalks.

(7)

Specific use standard(s) may be adjusted up to 20 percent; this is limited to adjustments to setbacks, building height, buffer width, façade treatment areas, and sidewalks.

(8)

Roadway and transportation dimensional standards may be adjusted up to 20 percent; this is limited to adjustments to lane width, sidewalk widths, turnaround dimensions, and right-of-way widths.

(9)

Stormwater design elements may be varied or adjusted to overcome site constraints or respond to existing development conditions in accordance with the Pinellas County Stormwater Manual. Stormwater dimensional requirements may be adjusted up to 20 percent.

(10)

Construction standards and materials for sidewalks, roadways, driveways and similar elements may be varied and/or adjusted when alternative materials or methods are used that strengthen the district intent. Dimensional requirements may be adjusted up to 20 percent. Adjustments pertaining to ADA standards are not permitted.

(c)

Waivers allowed. Subject to the criteria and limitations of this division, the approval authority may grant the following waivers to the Code:

(1)

Site access standards and requirements may be waived to respond to site constraints and/or respond to existing development conditions.

(2)

Sidewalk connections may be waived to respond to site constraints and/or respond to existing development conditions that would make the connections impractical or unsafe.

(3)

Landscaping and buffering standards may be waived for specific areas on a site when other on-site vegetation is present and provides the same purpose. Landscaping standards may be waived for portions of a site to respond to government security and surveillance mandates.

(4)

Construction elements for sidewalks, roadways, driveways, parking lots, and stormwater management facilities may be waived when comparable methods are proposed to meet the standard's original intent.

(5)

Road frontage requirements may be waived so long as legal access is available. A waiver may be granted where roadway frontage constraints exist due to existing property configurations and the inability to combine with or connect to adjacent properties. The provisions of section 138-3503 shall be considered for road frontage waiver requests.

(6)

Other similar technical standards as determined by the county administrator or designee. However, waivers pertaining to ADA standards are not permitted.

(d)

Waivers and administrative adjustment review. Waivers and administrative adjustments may be processed as a Type 1 review subject to the following:

(1)

Type 1—Path A. Department review procedure is allowed for the following:

a.

Waivers.

b.

Administrative adjustments up to ten percent of a dimensional standard.

c.

Administrative adjustments up to 30 percent of landscape standards.

(2)

Type 1—Path B. County administrator or his or her designee review procedure is required for the following:

a.

Administrative adjustments from 10 percent to 20 percent of a dimensional standard.

b.

Administrative adjustments from 30 percent to 50 percent of landscape standards.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 19, 4-27-21; Ord. No. 21-26, § 4, 10-12-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

(a)

An applicant may request Type 2 use approval from the board of adjustment and appeals and Type 3 use approval from the board of county commissioners for certain types of uses as delineated in Table 138-355 — Table of Uses for Zoning Districts.

(b)

Required information. These requests must be submitted to include the following information:

(1)

A proposed site development diagram (concept plan) drawn to scale. The plan, once approved, shall become a condition upon which the use and structures shown thereon are permitted. Modifications to approved plans are subject to the provisions of division 9 of this article.

(2)

An accurate survey of the subject site and adjustment properties.

(3)

A written explanation and justification of the requested Type 2 or Type 3 use.

(4)

A written response for each of the criteria for granting Type 2 and/or Type 3 uses as listed in this division.

(5)

Other supplementation information as required by the county administrator or designee.

(c)

Establishing conditions. When granting any Type 2 or Type 3 use, the authorized reviewing body may prescribe appropriate conditions to ensure proper compliance with the general purpose, spirit and intent of this chapter. Noncompliance with such conditions shall be deemed a violation of this chapter.

(d)

Initiation of construction. A Type 2 and/or Type 3 use approval issued under the provisions of this division shall automatically expire within two years from the date of granting such approval if construction of the project has not commenced and continued in good faith. All site plans must be approved and development orders must be finaled; and the granting of any Type 2 or Type 3 use shall not be deemed as automatic approval for any such permit or site plan required.

(e)

Extensions. The county administrator or designee may grant an extension of up to one year upon a showing of good cause, provided the request for extension is submitted in writing stating the reason for extension and is received prior to the expiration of the Type 2 and/or Type 3 use approval.

(f)

Expiration. Type 2 and Type 3 use approvals shall automatically expire in the event a structure or use of land that is the subject of approval is discontinued or removed for a period of 180 consecutive days.

(g)

The applicable decision-making body shall have the authority to modify or revoke a previously granted Type 2 or Type 3 use. All applicants shall be so notified in the decision provided. Such modification or revocation may occur when the decision-making body finds that the use of the Type 2 or Type 3 use:

(1)

Is or has become detrimental to the general health, safety or welfare;

(2)

Does not meet the letter or the intent of the original standards required for such approval; or

(3)

Does not meet the letter or the intent of the special standards or conditions attached by the decision-making body in its approval of the application.

(h)

The modification or revocation of a previously granted request by the decision-making body shall follow the procedures for Type 2 and/or Type 3 reviews as outlined in division 3 of this article as well as the administrative provisions outlined in chapter 134.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 20, 4-27-21)

In order to authorize any Type 2 and/or Type 3 use to the terms of the Code, the authorized reviewing body shall determine that the following criteria has been satisfied:

(a)

The proposed use is consistent with the Pinellas County Comprehensive Plan and with the purpose and intent of the applicable zoning district.

(b)

There is adequate separation of the proposed use and related structures from adjacent and nearby uses by screening devices, buffer area, and/or other appropriate means.

(c)

Adequate drives, walkways, and parking are available or proposed so that no vehicular circulation or parking problems are created.

(d)

The proposed use will not create excessive vehicular traffic or other traffic problems.

(e)

Drainage problems will not be created on the subject property or nearby properties.

(f)

All provisions and requirements of the applicable zoning district will be met, unless otherwise varied by the authorized reviewing body as authorized by this Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

In approving a Type 2 and/or Type 3 use, the authorized reviewing body may also establish and require additional safeguards to ensure proper operation of the use and provide protection to the surrounding area. Such safeguards may include, but are not limited to: a time limit for acquiring development authorization and/or development completion, hours of operation, entry and exit points to and from the site, fencing and screening, additional setbacks, and capacity of the use.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Modifications and changes to approved plans shall be considered a minor or major modification. Changes to approved plans may be sought as one of the following:

(a)

A minor modification as limited and allowed in this division; or

(b)

A major modification as limited and allowed in this division; or

(c)

A new project that meets the requirements of this Code.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Minor modifications defined. A minor modification may be considered a change that:

(1)

Does not result in conflicts in on-site circulation and/or negative impacts with ingress/egress.

(2)

Does not change the use unless such change is of a similar or less intensity, as determined by the county administrator or designee.

(3)

Does not increase the density or intensity of the development by more than ten percent, while remaining within the permitted density and intensity limits of the underlying future land use designation.

(4)

Does not result in a substantial reduction of the required landscape area.

(5)

Does not result in a substantial change to the location of a structure previously approved.

(6)

Does not result in a substantial modification or the cancellation of any condition or limits placed upon the application as originally approved.

(7)

Does not add property to the parcel proposed for development.

(8)

Does not increase the height of the buildings in a manner that will change the overall height of the project, will not alter the scale of the project, does not exceed the maximum height permitted in by the applicable special area plan and zoning district.

(9)

Does not substantially alter the character and design of the project.

(b)

Minor modification changes. For a request that qualifies as a minor modification, the county administrator or designee is authorized to allow minor revisions/modifications to approved site plans and land use activity. This shall be processed as a Type 1 Path A — Department Review.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

Major modifications defined. A major modification may be considered an adjustment or change that is not specified to be a minor modification pursuant to this division.

(b)

Major modification changes. Major modifications shall be sought in accordance with the applicable approval procedures as listed in Table 138-77.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 21, 4-27-21)

This section shall apply to all procedures and hearings that are subject to public notice requirements of this Code and the Florida Statues. The following standards shall apply when public notice is required for certain actions, hearings, and procedures pertaining to this Code:

(a)

Address for mailed notice shall be obtained from the Pinellas County Property Appraiser. This requirement shall be modified when other laws require a different source.

(b)

Actions shall not be invalidated if a person does not receive notice yet a good faith attempt was made to comply with notice requirements.

(c)

The board of county commissioners may establish notice fees that shall be paid by the applicant.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Notice shall be provided pursuant to the following.

(a)

Type 2 reviews shall provide internet website notice, mail notices, and posting signs for the BAA meeting.

(b)

Type 3 and 4 reviews shall provide internet website notice, mail notices, newspaper advertisements per Florida State Statute requirements, and posting signs for the LPA and BOCC meetings.

(c)

Type 5 reviews shall provide notice as required by Florida State Statutes.

(d)

All notices pertaining to legislative actions or other actions regulated by Florida State Statutes shall be conducted in accordance with Florida State Statutes or as amended. All other required notices shall occur ten days prior to hearings.

(1)

For mailing notices, the required notice shall be based on the postmark date.

(2)

For newspaper advertisements, the required notice shall be based on the publish date.

(e)

All notices pertaining to legislative actions or other actions regulated by Florida State Statutes shall be conducted in accordance with Florida State Statutes or as amended. All other required notices shall occur ten days prior to hearings; for Type 1, Path B reviews involving administrative adjustments this notice requirement shall be based on the DRC meeting date in which a decision will be made.

(1)

For mailing notices, the required notice shall be based on the postmark date.

(2)

For newspaper advertisements, the required notice shall be based on the publish date.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 22, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

The notice types that may be required in this Code are listed in this section. Certain actions, hearings, and procedures require specific notice types as defined in section 138-252, notice requirements. Where a specific notice type is required, it shall be implemented as listed below.

(a)

Internet website notice. Notice of the requested action, hearing, and/or procedures shall be posted on the Pinellas County website in a designated section of the website as determined by the county administrator or designee and as required by Florida State Statutes.

(b)

Newspaper advertisements, if required, shall comply with Florida State Statutes.

(c)

Mail notice. Notice shall be mailed to surrounding property owners as prescribed in this subsection. All notice to affected property owners shall be per the Florida Statutes.

(1)

Notice for variance(s): Mail notices shall be sent to property owners within at least 250 feet of the subject property requesting the variance.

(2)

Notice for all other actions, hearings, and procedures: Mail notices shall be sent to property owners within at least 250 feet of the subject property.

(3)

Notice pertaining to legislatives actions shall be conducted in accordance with Florida State Statutes or as amended.

(d)

Posting sign. A sign shall be posted on the subject property requesting the action, hearing, and/or proceeding. Posting signs are subject to the following standards:

(1)

Size posting signs shall be a minimum of 18 inches by 24 inches.

(2)

Legibility text shall be clearly legible and of a contrasting color from the background.

(3)

Location signs shall be posted along public and private street frontages. For large-area cases involving multiple properties signs may be posted at strategic locations but need not be placed on all affected properties.

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 23, 4-27-21; Ord. No. 23-24, § 2, 10-31-23; Ord. No. 24-14, § 2, 4-23-24)

All notice types shall include the following minimum information:

(a)

Property address and/or street location with nearest cross street.

(b)

Case name or number.

(c)

Summary of request.

(d)

Hearing/meeting date(s), time(s), and location(s).

(e)

Contact information for the applicable Pinellas County department in charge of facilitating the request.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

Designated areas within unincorporated Pinellas County shall be master planned to designate the overall transportation network, land use pattern, open space areas, and utility services prior to actual site development. The master plan should respond to natural conditions, surrounding land use patterns, and implement the land's future intent as established in the comprehensive plan. Additionally, these areas should be afforded design flexibility to achieve a community design and building types that may not otherwise be allowed through standard zoning district regulations. The development master plan process is established to require a comprehensive approach to a district design prior to actual site construction and site plan approval.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

A development master plan (DMP) is required prior to site plan approval for each of the following:

(1)

Residential planned development district (RPD);

(2)

Industrial planned development district (IPD);

(3)

Mixed-use districts; and/or

(4)

Any other zoning district that may be established that require said plans.

(b)

A development master plan (DMP) may be required for any properties that are conditioned to do so by the board of county commissioners as part of a rezone approval.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)

(a)

New development master plans shall be created and administered pursuant to the following:

(1)

The development master plan may be created by the property owner(s). The county may also initiate and create a development master plan for specific areas within its jurisdiction.

(2)

Multiple development master plans may be approved for distinctive areas within the overall district; this option is generally reserved for situations with separate property ownerships or development entities.

(3)

A development master plan shall be created and approved prior to site plan approval. The county administrator or designee may allow an exception for the purposes of maintaining existing uses.

(4)

A new development master plan shall be established as a Type 3 review. This may occur concurrently with a zone change request or reviewed separately as a subsequent request.

(5)

All new development activity within the district shall be consistent with an approved development master plan except as otherwise provided in division 9, modifications to approval plans.

(6)

The permitted land uses may be determined/established as part of the development master plan approval process AND/OR pursuant to the review type (Type 1, 2, or 3) as specified in Table 138-355—Table of Uses for Zoning Districts.

(b)

Existing development master plans may be modified and shall be administered pursuant to the following:

(1)

All previously approved and existing development master plans or equivalent thereof shall remain in effect.

(2)

Any modifications to existing plans, such as adding or removing property from a development master plan, shall be subject to the standards of this section.

a.

Modifications to an approved development master plan may be reviewed pursuant to chapter 138, article II, division 9.

b.

A land owner (or authorized agent) may only modify portions of the development master plan that are under their ownership.

c.

The county may initiate and seek approval to modify any development master plan.

(3)

Existing development master plans may be modified to the density/intensity limitations of underlying future land use map category of the comprehensive plan.

a.

Any excess density/intensity that is identified between the future land use map category and the original development master plan may be assigned to the project, subject to applicable code requirements.

b.

When areas of the development master plan are owned by different entities, said areas are entitled to add a portion of the excess density/intensity based on their land holding percentage in relation to the original development master plan OR distributed as determined by the board of county commissioners.

(c)

Nothing in this section affects the provisions of this chapter regarding deed restrictions, covenants, easements, and other regulations.

(d)

Development master plans and the regulations therein may be removed by the board of county commissioners at such time the properties are rezoned to another district(s).

(Ord. No. 18-36, § 3(Att. B), 10-23-18; Ord. No. 21-11, § 24, 4-27-21)

All new development master plans shall include the following elements.

(a)

Framework plans — A development master plan shall be designed as a series of framework plans that, collectively, create a complete future development plan. These framework plans should be created at a conceptual level that illustrate key development features such as primary transportation corridors, land use areas, and utility locations; detailed site design is not necessarily required. The development master plan shall include the following framework plans:

(1)

Transportation framework plan — The development master plan shall depict all access points, primary internal roadways (collectors/arterials), surrounding roadways, transit stops (if available), and primary bicycle/pedestrian facilities. The transportation framework shall assign a street classification to each roadway within the plan.

(2)

Land use framework plan — The development master plan shall assign land use designations to individual areas within the district and indicate acreage and proposed density/intensity. The individual land use areas shall correspond with a table that identifies the list of permitted uses and housing types; these shall be consistent with the underlying zoning district.

(3)

Open space framework plan — The development master plan shall depict the open space network within the district. The individual open space areas shall correspond with a table that identifies the planned open space and recreation uses unique to each tract. All conservation areas, wetlands, and waterbodies shall be depicted on the open space framework plan.

(4)

Utilities and stormwater framework plan — The development master plan shall depict the primary potable water, sanitary sewer and reclaimed water lines that will serve the district. The plans shall also depict any regional/district-scale stormwater management system(s) consistent with the Pinellas County Stormwater Manual and other state standards.

(b)

Development parameters and guidelines — A development master plan shall establish the development parameters and guidelines that will be applicable to buildings and lots and correspond to the land use framework. At a minimum, the development parameters and guidelines shall establish standards for the following:

(1)

Building height limits and setback requirements;

(2)

Lot dimension standards that address area, width, and depth;

(3)

Land uses and building types that are permitted within the district; and

(4)

Any other design requirements that will be applicable to site development and buildings within the development master plan.

(c)

Small district option — For small districts and as determined by the county administrator or designee, the required elements in this section may be displayed on a single plan sheet.

(Ord. No. 18-36, § 3(Att. B), 10-23-18)