This Article shall be known and may be cited by the title of "Zoning Regulations of the City of Pinellas Park, Florida."

(Ord. No. 3748, § 3, 10-28-2010)

This Article is established pursuant to and in accordance with the provisions of F.S. ch. 166, and other applicable provisions of law authorizing the City Council of Pinellas Park, Florida to enact or amend and enforce a Zoning Ordinance.

(Ord. No. 3748, § 3, 10-28-2010)

The City Planning and Zoning Commission, either on its own initiative or at the request of the City Council has made recommendations as to the boundaries of districts and the regulations to be enforced therein. The City Council has taken action to establish and amend zoning district boundaries as per procedures established in this Article. The Planning and Zoning Commission and City Council have divided the City into districts and have prepared regulations pertaining to such districts in accordance with the Comprehensive Plan.

The Planning and Zoning Commission and City Council have given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view for conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality.

The Planning and Zoning Commission has made a tentative report and held public hearings thereon, submitted its final report to the City Council, has given due public notice of hearings relating to zoning districts, regulations and restrictions, and has held such public hearings; and all requirements with regard to the preparation of the report of the Planning and Zoning Commission and the subsequent action of the City Council have been met.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

This Article 15, Zoning, is adopted for the following purposes:

1.

To protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals, and general welfare.

2.

To conserve the values of property throughout the City of Pinellas Park and to protect the character and stability of residential, commercial, and industrial areas, and to promote the orderly and beneficial development of such areas.

3.

To provide adequate light, air, privacy, and convenience of access to property.

4.

To lessen or avoid congestion on the public streets and highways.

5.

To regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, and other uses, and to regulate and restrict the restrict the intensity of such uses, to establish building or setback lines, and to establish other development and performance standards as may be deemed necessary to carry out the purpose of this Article.

6.

To divide the entire City into districts of such number, shape, area, and of such different classes, according to the use of land and buildings, and the intensity of such use, as may be deemed best suited to carry out the purposes of this Article.

7.

To prohibit uses, buildings, or structures incompatible with the character of such districts respectively.

8.

To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder.

9.

To provide for the diminution of incompatible and nonconforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district.

10.

To define the powers and duties of the administrative officers and bodies as provided herein.

11.

To refrain from placing undue burdens on municipal budgetary resources.

(Ord. No. 3748, § 3, 10-28-2010)

The boundaries and identification of the zoning districts established by this Article are shown on the Official Zoning Map of Pinellas Park as filed in the office of the City Clerk. Such Map is hereby declared to be a part of this Article as fully as if set out herein.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)1., 3-14-2019)

No building or land shall be used or occupied, and no building or part thereof shall be erected, constructed, reconstructed, moved, or altered; and no land, water or vegetation shall be altered except in conformity with the regulations herein prescribed for the district designated and identified on the Official Zoning Map in which such building or land is located.

(Ord. No. 3748, § 3, 10-28-2010)

Zoning district boundaries are shown as heavy lines upon the Official Zoning Map and are superimposed upon lighter lines designating section lines, fractional section lines, platted lot lines, streets, and other physically identifiable ground features or extensions of same, unless other specific distances in feet or other angles, bearings, radii, and other references to a boundary location are specified.

(Ord. No. 3748, § 3, 10-28-2010)

Zoning district boundary lines, when located in streets or other rights-of-way, shall be interpreted as located on the centerline of such rights-of-way. When distances in feet are shown between a zoning district boundary and a street, the distance shall be interpreted as between the boundary line and the street line unless otherwise specified.

(Ord. No. 3748, § 3, 10-28-2010)

Boundary lines which are interrupted to show street names or other identification numbers or letters upon the Official Zoning Map shall be interpreted as extending through such identifications unless otherwise specified.

(Ord. No. 3748, § 3, 10-28-2010)

When the exact location of a zoning district boundary line is not clear, its location shall be determined by the City Manager using the appropriate Ordinance as passed by City Council; with due consideration being given to location as indicated by the scale of the Official Zoning Map. When on account of any vacation proceeding or for any cause, the streets or alleys on the ground differ from the streets or alleys as shown on the Official Zoning Map, the City Manager may apply the district designations on the map to the centerline of such streets or alleys on the ground in such manner as to conform to the intent and purpose of this Article.

(Ord. No. 3748, § 3, 10-28-2010)

Where any single platted lot, being a part of a recorded subdivision, and existing at the effective date of this Code, is located in two (2) or more districts in which different uses are permitted; or in which different use, area, bulk, accessory off-street parking and loading, or other regulations apply, the provisions of this Section shall apply.

(A)

USE REGULATIONS. If more than fifty (50) percent of the lot area of the lot is located in one of two (2) or more districts, the use regulations applicable to the district containing the majority lot area shall apply to the entire lot.

(B)

PROPERTY DEVELOPMENT REGULATIONS. If more than fifty (50) percent of the lot area of the lot is located in one of two (2) or more districts, the property development regulations applicable to the district containing the majority lot area shall apply to the entire lot.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

The City Clerk shall retain on file the "Original Copy" of the City's zoning map for archival purposes, which shall represent the zoning district boundaries as of June 23, 1983 and shall not be changed or altered in any manner as time passes.

(B)

The Official Zoning Map shall reflect all amendments thereto, including annexations. Any Ordinance amending the Official Zoning Map shall be kept on file with the City Clerk.

(Ord. No. 3748, § 3, 10-28-2010)

Property heretofore or hereafter annexed to the City shall be given the zoning classification which most closely relates to the Pinellas County zoning classification in effect at the time of such annexation, and the Official Zoning Map shall be amended or posted accordingly. Should a petition for annexation include a request for a zoning classification other than that which most closely relates to the Pinellas County zoning classification in effect for said property at the time said petition is filed, City Council may, in its sole discretion: refer said petition to the Planning and Zoning Commission for its recommendation; pass the proposal for said annexation of the property at the zoning requested in the petition; or deny the proposal. Any rezoning of an annexed area shall be consistent with F.S. § 171.062(2), as may be amended from time to time, which provides that if an annexed area was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area.

(Ord. No. 3748, § 3, 10-28-2010)

No development order or permit shall be issued which is not in conformity with the provisions of this Article and the Comprehensive Plan.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

VACANT LANDS. In cases where vacant land is zoned in an inconsistent zoning district, according to the Land Use Plan Map, such property shall not be developed until such conflict has been resolved, either by an appropriate rezoning or Land Use Plan Map amendment. However, property zoned at a lower residential density than that proposed by the Land Use Plan Map shall be developed under the provisions and density limitations of said zoning district. Likewise, residential property zoned for a higher density than that permitted by the Land Use Plan Map, may be developed under the provisions of said zoning district provided that the density of the project does not exceed the limits permitted by the Land Use Plan Map designation for the site.

(B)

EXISTING USES WHICH CONFORM TO THE EXISTING ZONING OF THE PROPERTY. Where an existing lawful use of land or a building is no longer permitted by the Comprehensive Plan, such use of land or building shall be considered nonconforming and subject to the provisions governing nonconforming uses, unless a contrary result is specifically provided for in the Comprehensive Plan.

(Ord. No. 3748, § 3, 10-28-2010)

The City Manager shall be responsible for administering and enforcing this Article with the assistance of other administrative officials and officers of the City. As defined in Sec. 18-1502.2, "Definitions", all references to "City Manager" include designees of the City Manager. If the City Manager finds that any of the provisions of this Article are being violated, the City Manager shall notify, in writing, the property owner and tenant, if applicable, specifying the zoning provision being violated, and ordering the action necessary to correct it. The City Manager shall order discontinuance of illegal use of land, buildings, or structures; alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by the Code of Ordinances and by law to enforce compliance with the provisions of this Article.

(Ord. No. 3748, § 3, 10-28-2010)

In order to carry out the enforcement responsibilities of Section 18-1501.16 hereinabove, the City Manager shall have the following additional duties.

(A)

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

(B)

Maintain permanent and current records of documents and proceedings under this Article, as required by Florida public records law.

(C)

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

(D)

Receive, file, and transmit to the Board of Adjustment, the Planning and Zoning Commission, Community Redevelopment Agency or the City Council, as applicable, all appeals and all applications for Land Use Plan Map amendments, rezonings, variances, site plan approval, Code amendments, conditional uses, and other matters on which the Board of Adjustment, the Planning and Zoning Commission, Community Redevelopment Agency or City Council are authorized to act under the provisions of this Article.

(Ord. No. 3748, § 3, 10-28-2010)

Any person violating any of the provisions of this Article shall, upon conviction thereof, in a court of competent jurisdiction, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. When a co-partnership or a corporation violates any of the provisions of this Article, the members of the co-partnership responsible for such violation and the managing officers of the corporation guilty of such violation, or who direct the same to be done, shall be punished in the same manner as the punishment prescribed for a person. Every person who aids, abets, conspires, or assists in the violation of the provisions of this Article shall be punished as a principal. Each and every day that a violation of this Article continues shall constitute a separate and distinct offense.

(Ord. No. 3748, § 3, 10-28-2010)

Should any Section or provision of this Article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Article as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 3748, § 3, 10-28-2010)

All ordinances, including Appendix "A" of the City Code, 1963, as amended, or parts of Ordinances in conflict with this Article, or inconsistent with the provisions of this Article, are hereby repealed.

(Ord. No. 3748, § 3, 10-28-2010)

The regulations set forth by this Article for each zoning district shall apply uniformly to all land subject to the same zoning classification and applicability criteria within a given zoning classification.

(Ord. No. 3748, § 3, 10-28-2010)

For the purpose of enforcing the provisions of this Article, City officials and inspectors shall have a right of entry as provided by law whenever said officials and inspectors find such entry necessary for the proper discharge of their duties under this Article. The City Attorney is hereby authorized to seek inspection warrants as necessary.

(Ord. No. 3748, § 3, 10-28-2010)

An application for a development order or permit may be deferred, denied, or approved with appropriate conditions, when the property is in violation of this Article or in violation of a condition of a previously approved development order.

(Ord. No. 3748, § 3, 10-28-2010)

Any permit or development order issued under this Article, in any part on the basis of faulty information, withheld information, or misrepresentation on the part of the applicant or any party to the application, whether intentional or not, shall result in the voiding and revocation of the development order or permit by the City Manager. When development orders or permits are issued through administrative error, the error shall be called to the attention of the applicant or agent as soon as it is discovered. If the error is not voluntarily corrected, the matter shall be immediately referred to the City Council which shall take such lawful action as is appropriate and necessary.

No staff decision made in error shall be binding upon the City Council.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

When any provision of this Article imposes more stringent or less stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other Ordinance or law, the provisions which are more restrictive, least permissive, or which impose higher standards or requirements, shall govern.

(B)

When any provision of the Land Development Code imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of this Article, the more recently adopted provision shall govern, pursuant to the conflict and repealer clause of the Ordinance adopting the more recent provision. When conflicting provisions are adopted concurrently, the provision which is more restrictive or which imposes higher standards or requirements, shall govern.

(C)

When the numeric and spelled-out expressions of a given standard contained within this Article are not in agreement, the stricter and least permissive of the two (2) shall prevail. For example, if a minimum yard requirement is expressed as "twenty (20) feet", the text "twenty-five" shall prevail, and if a maximum height requirement is expressed as "twenty-five (25) feet", the numeric expression "(20)" prevails.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)2., 3-14-2019)

This Article is not intended to abrogate any easement, covenant, or any other private agreement; provided that, where the regulations of this Article are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Article shall govern.

(Ord. No. 3748, § 3, 10-28-2010)

All streets, alleys, public rights-of-way, waterways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting such alleys, streets, public rights-of-way, waterways, and railroad rights-of-way. Where the centerline of a street, alley, public right-of-way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 3748, § 3, 10-28-2010)

When calculating units of measurement required by this Article, any fractional unit of measurement, up to but not including one-half (½ or 0.5), shall be disregarded, and fractions of one-half (½ or 0.5) or more shall be calculated and regarded as the next highest whole number, unless otherwise provided for specific types of calculations in other sections of this Article. Such rounding off shall not apply to dwelling unit, density, and floor area ratio (FAR) calculations.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)3., 3-14-2019)

Any separation, distance limitation, or setback required by this Article shall be applied without regard to municipal boundaries, and shall be applied in the same manner as if the abutting jurisdictions were part of the City.

Unless otherwise specified, all distance separations required by this Article shall be measured horizontally, in a straight line, using the shortest airline distance between the two (2) or more points being measured (i.e. properties, buildings, portions of buildings, entrances to buildings, etc.).

(Ord. No. 3748, § 3, 10-28-2010)

If the last day of a time period is a Saturday, Sunday, or legal holiday observed by the City government, the period shall run until the next day which is not a Saturday, Sunday or legal holiday.

(Ord. No. 3748, § 3, 10-28-2010)

Fees and Charges will be levied as outlined in the City of Pinellas Park Administrative Fee Schedule, as may be from time to time amended and adopted by the City Council by Resolution. Fees and charges are assessed to help defray the costs of processing the various applications associated with the administration of the Land Development Code and Comprehensive Plan which may include staff time, materials and advertising, if required. The City of Pinellas Park Administrative Fee Schedule is not exclusive and is not intended to alter, suspend or abolish fees and charges that may be addressed specifically in the respective Sections of the Unified Land Development Code for matters not addressed herein. Payment of fees is required at the time of application submittal.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3943, § 1, 5-14-2015; Ord. No. 4173, § 1, 11-22-2022; Ord. No. 2025-03, § 1, 2-13-2025)

(A)

PLANNING AND ZONING COMMISSION—ESTABLISHMENT AND PROCEDURES. The following regulations shall govern the establishment and procedures of the Planning and Zoning Commission.

1.

ESTABLISHMENT AND COMPOSITION. There is hereby established a Planning and Zoning Commission which shall consist of seven (7) voting members appointed by the City Council from among the residents of the City of Pinellas Park and one (1) nonvoting member representing the Pinellas County School Board appointed by the Pinellas County School Board, and one (1) nonvoting ex-officio member representing the Armed Forces Reserve Center/Pinellas Park, appointed by the Commanding Officer of the Armed Forces Reserve Center/Pinellas Park. The term of office for the voting members shall be three (3) years. Members shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that their private or personal interests are involved in any matter coming before the Planning and Zoning Commission, all applicable provisions of Section 112.3143, F.S. - "Voting Conflicts" shall apply.

2.

REMOVAL AND VACANCIES. Members of the Planning and Zoning Commission may be removed by the City Council where a majority of the members of City Council feel that such action is in the best interests of the City. In case of vacancies occurring in the membership, the City Council shall fill such vacancies for the unexpired term of the original appointment.

3.

OFFICERS. The Planning and Zoning Commission shall elect a chairperson and a vice-chairperson from among its members who shall serve for one (1) year. Such election shall take place annually at the regular meeting in September, or from time to time as a two-thirds (⅔) majority of all members of the Commission may deem necessary for the best interests of the Commission.

4.

RULES. The Planning and Zoning Commission shall adopt such rules necessary for the conduct of its affairs, and in keeping with the provisions of this Article.

The Zoning Director or a designee shall be the secretary to the Planning and Zoning Commission, be responsible to keep a record of the Commission's actions, provide public notice for public hearing items and of meetings generally, provide necessary background material and present staff recommendations on issues coming before the Commission, keeping a record of attendance, keeping a record of all official findings and determinations of the Commission, showing the vote of the members on each question requiring a vote or, if absent or abstaining from voting, indicating such fact. The official actions of the Planning and Zoning shall be a public record.

5.

MEETINGS AND QUORUMS. The Planning and Zoning Commission shall hold at least one (1) regular meeting every month, on a day to be established by the Planning and Zoning Commission. Such meeting shall be held at the time established for meetings of the City Council. All regular or special meetings and work sessions shall be open to the public. In the event there are no issues to be heard by the Commission, the secretary may declare such meeting canceled. In addition, the Planning and Zoning Commission may hold such special meetings or work sessions as may be called by the chairperson, provided, however, that each member of the Commission shall be entitled to at least five (5) days written notice, and all items to be considered and all supporting material shall be delivered to their residence prior to the special meeting or work session of the Commission.

The Planning and Zoning Commission shall not transact any business at any regular or special meeting or work session unless a quorum of four (4) members is present, and every official action taken and every decision rendered shall be approved by a simple majority of the members present. In the event a quorum is not present, the chairperson shall declare such, and all public hearing items and any other business shall automatically be continued to the next scheduled meeting. Except as provided below, by a majority vote of the Commission, the Commission may table any application or case before it, provided such application or case be heard at the next regularly scheduled meeting or at such other meeting as agreed upon with the Commission. However, the Planning and Zoning Commission shall consider and make a recommendation, at the meeting at which such item is presented, as to any item on which the City is an applicant or which is forwarded by the City for the review of the Planning and Zoning Commission. In the event the Planning and Zoning Commission does not determine and make a recommendation on such item at the initial meeting at which such item is presented, such matter shall be considered to have received a recommendation for denial by the Planning and Zoning Commission, without further comments or recommendations.

The Commission shall have the power to take testimony under oath. With permission of the owner or applicant, the Commission may enter upon the applicant's land and make examinations or surveys of the subject property.

(B)

POWERS AND DUTIES.

1.

ADVISORY CAPACITY. The Planning and Zoning Commission shall serve only in an advisory capacity to the City Council. The Planning and Zoning Commission shall consider all requests for amendments to the Land Use Plan Map, amendments to the Zoning Code and Official Zoning Map, conditional uses, variances related to conditional use requests, change of nonconforming uses, vacations and other matters as may be specifically requested by the City Council to be studied by the Commission. The Planning and Zoning Commission shall serve as the City's Local Planning Agency and Land Development Regulations Commission as provided for in Chapter 163, Florida Statutes.

(Ord. No. 3805, § 1, 4-12-2012; Ord. No. 4209, § 1, 8-8-2023)

A.

The City Council shall be authorized, by Resolution duly enacted, to provide a partial waiver of City of Pinellas Park Land Development Fees of up to fifty (50) percent of the total Land Development Fees, based upon the following criteria:

1.

The business has been an established business with its main, or a principal location being physically situated within the City of Pinellas Park, continuously for two (2) calendar years, holding all proper licenses and permits during each of such years.

2.

At the time of application and during each of the preceding two (2) calendar years, the business has had a minimum of at least three (3) full-time employees on the payroll at the same time.

3.

The business intends to relocate to a new location within the City of Pinellas Park, or substantially enlarge its existing location, which new or substantially enlarged location the business can demonstrate is reasonably expected to either:

(a)

Double the square footage of the existing structure used by the business; or

(b)

Double the number of full-time employees of the business, within a period of two (2) years from the expansion or relocation, as demonstrated by a written, viable business plan submitted by the business, and the business has demonstrated a desire and made a commitment to attempt to hire new employees that live in the City of Pinellas Park, whenever possible.

B.

All applications for waiver shall be submitted on a form and with supporting documentation as may be required by the City, and submitted to the Community Development Department, where such application shall be reviewed and which department shall make a recommendation to the City Manager. Upon a determination by the City Manager that the applicant meets the criteria of this section, and that the application is complete, the City Manager shall schedule an appropriate resolution for consideration by the City Council.

C.

Any resolution adopted by the City Council providing for a waiver pursuant to this section shall set forth with specificity the total dollar amount of the waiver, which can be up to a maximum of, but not to exceed, fifty (50) percent of the City of Pinellas Park Land Development Fees required of the applicant, and such Resolution shall set forth that any waiver shall only be effective as to any developmental permits and fees obtained and paid within twenty-four (24) months of the date of enactment of the resolution by City Council.

(Ord. No. 4023, § 1, 8-10-2017; Ord. No. 4079, § 1(Att. A)4., 3-14-2019)