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Pinellas Park City Zoning Code

SECTION 18

1536.- ADMINISTRATIVE EXCEPTIONS

Sec. 18-1536.1.- APPLICABILITY.

The Zoning Director, after consulting affected departments, agencies and other service providers, may grant approval of applications for exceptions, limited to the following:

(A)

Setback exceptions not to exceed one (1) foot.

(B)

Side and secondary front setback exceptions not to exceed two (2) feet for previously platted lots that are at least ten (10) percent narrower in width than the required minimum for the zoning district, provided that the Fire Chief finds that the exception does not create a fire hazard.

(C)

Setback reductions to the average setback for existing structures on the same block face that fall within the same zoning district. In calculating averages, buildings exceeding required setbacks shall be considered to meet required setback lines.

(D)

Waiver from the minimum parking space requirements authorized by Section 18-1532.1.

(E)

Allowing an increase in the distance between off-site parking and a nonresidential use pursuant to section 18-1532.4(A).

(F)

Allowing a reduction in parking lot aisle width pursuant to section 18-1532.6(D).

(G)

Allowing the following landscaping exceptions upon finding that they will not be detrimental to the purposes of the required landscaping: allowing substitutions of plant materials of an equivalent size and growth patterns, allowing the movement of plants to locations on the site that achieve the same outcomes, and allowing curvilinear buffer plantings that have the same average buffer depth and equal or superior visual buffering upon plant maturity.

(H)

The Zoning Director may grant approval of exceptions within the "Pinellas Park Medical District" as defined in Chapter 18 (Land Development Code), Article 15 (Variances), Section 18-1537.1(B)1 by up to ten (10) percent of the requirements of Section 18-1537.1(D) and the City Manager may grant approval of variances of up to twenty (20) percent of the requirements of Section 18-1537.1(D).

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 3853, § 1, 8-8-2013; Ord. No. 4079, § 1(Att. A)124., 3-14-2019)

Sec. 18-1536.2. - PROCEDURE.

(A)

Application for exception shall be made pursuant to Section 18-1537.3(A), "Variances; Procedures". The application shall include signed and notarized letters of no objection from all abutting and functionally abutting property owners. Such letters shall clearly identify the variance request being made.

(B)

The Zoning Director shall review the application and determine whether the application should be approved pursuant to the review criteria of Section 18-1537.2, "Review Criteria." The provisions of Section 18-1537.2.(B) shall not apply to exceptions.

(C)

If the Zoning Director determines that the application satisfies the requirements for the granting of an exception, the Director shall issue an administrative exception order. The Zoning Director may approve an application with conditions and safeguards that are reasonably necessary to mitigate any impact the exception may have on the public welfare, particularly the surrounding neighborhood. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this Article and punishable as provided by this Article.

(D)

If the Zoning Director determines that the application does not satisfy the requirements for the granting of an exception, the Director shall issue an order for denial of administrative relief, stating the findings in support thereof. In such cases, or if the petitioner wishes to appeal any conditions attached by the Zoning Director to approval of the request, the petitioner may request in writing a public hearing pursuant to Section 18-1537, "Variances", in which case the Zoning Director will schedule the application for a public hearing and the provisions of Section 18-1537 shall then apply.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)125., 3-14-2019)

Sec. 18-1536.3. - TIME LIMITS.

The time limits of Section 18-1537.4, "Time Limits", shall apply.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)126., 3-14-2019)