Safety Harbor City Zoning Code
ARTICLE XIII
ADMINISTRATION AND ENFORCEMENT
224.00 - General provisions.
(A)
No development activity shall be undertaken unless it conforms to the provisions of this Code.
(B)
The administration and enforcement of this Code shall be the responsibility of the Director of Planning and Zoning for the City.
(C)
The duties of the Community Development Director shall include, but not be limited to, the following:
(1)
To determine compliance with the relevant provisions of this Code.
(2)
To coordinate the required requests for development order approval contained in this Code.
(3)
To report to the City Manager, City Attorney, and City Commission regarding the administration of this Code.
(4)
To notify persons responsible for violations of any of the provisions of this Code.
(5)
To maintain written records of all official actions related to the administration of this Code.
(6)
To receive applications for, forward to the appropriate bodies, and review for compliance with all the applicable provisions of this Code for development order approval related to, but not limited to, the following requests:
(a)
Amendments to the Official Zoning Atlas;
(b)
Amendments to the Land Use Plan;
(c)
Certificates of Concurrency;
(d)
Conditional Uses;
(e)
Site Plans;
(f)
Subdivisions;
(g)
Variances and Appeals.
(7)
Prepare and submit to the City Commission for its consideration a schedule of fees.
(8)
Periodically review the provisions of this Code to evaluate the need for updating the provisions of this Code.
(9)
To provide administrative, technical, and consultative assistance to the Board of Appeals, Planning and Zoning Board, and Historic Incentives Board.
(10)
To perform such other duties and functions required to administer the provisions of this Code.
(D)
Every application required under the provisions of this Code, unless otherwise specified, shall be filed with the City Clerk of the City. No application shall be deemed complete unless all the information and materials required by this Code and the City have been submitted.
(E)
The City Manager or designee shall administer the building, construction, and sign codes of the City and determine that conditions attached to all development orders are met prior to the issuance of a Certificate of Occupancy.
(Ord. No. 2016-07, § 2, 6-6-2016; Ord. No. 2024-09, § 5, 4-15-2024)
225.00 - Public notice requirements.
(A)
No public hearing shall be held unless the required notice has been satisfied and supporting documentation of such is in the applicable file.
(B)
All hearings shall be open to the public. Any person may appear and testify, either in person, or in writing, or by an authorized agent or attorney.
(C)
The hearing body may prescribe the exact procedures for the conduct of hearings; however, the order of public hearings shall be generally as follows:
(1)
Statement of subject matter;
(2)
Comments by staff;
(3)
Applicant presentation;
(4)
Public comment for;
(5)
Public comment against;
(6)
Rebuttal;
(7)
Closure of public comment;
(8)
Questions by the Board;
(9)
Motion;
(10)
Vote; and
(11)
Findings of Fact.
(D)
Cross examination of witnesses by the applicant or a representative of any organized opposition shall be permitted.
(E)
All findings of fact shall be based upon the evidence of record.
(F)
A hearing may adjourn to a date certain within 60 days without the necessity of additional notice.
(G)
A hearing adjourned to a date uncertain or to a date not within 60 days shall require additional notice.
(H)
Official minutes shall be kept of all public hearings. Copies may be made available to the public upon request.
(I)
An agenda shall be posted in a conspicuous location approximately seven (7) days prior to the hearing.
(J)
All legal notice, whether by publication or mail, shall contain substantially the following information:
(1)
Who is conducting the hearing;
(2)
Date, time, and place of all scheduled hearings;
(3)
The subject matter to be discussed;
(4)
Where the application or subject matter may be inspected by the public;
(5)
That interested parties may appear and be heard;
(6)
That written comments will become part of the record;
(7)
That the hearing may be continued as necessary; and
(8)
That transcripts of the proceedings are required if an affected party wishes to appeal.
(K)
Written legal notice shall be constituted by the following:
(1)
Mailed notice to each property owner or authorized agent whose real property is the subject of a request;
(2)
Mailed notice to each property owner within 500 feet of the entire contiguous property which is owned by the person or persons whose property is to be affected by the request, regardless of what portion of such land is involved in the request;
(3)
Written legal notice shall be by first class mail;
(4)
Determination of property ownership shall be by reference to the latest available tax records of the Pinellas County Property Appraiser's Office;
(5)
Written legal notice shall occur a minimum of seven (7) days prior to the first and second scheduled hearing on the request, and shall include the dates of any subsequent scheduled hearings.
(L)
Any interested individual, group, agency or government may register with the City Clerk to receive a copy of all written legal notices of all public hearings scheduled by the City under the Land Development Code. This subsection shall not require the City to provide a copy of legal notices pertaining to individual parcels of property.
(M)
Where required by this Code, legal notice publication shall occur as follows:
(1)
In a newspaper of general circulation as defined by Chapter 50.031, Florida Statutes;
(2)
Legal notice publication shall occur approximately fourteen (14) days with a minimum of five (5) days prior to the scheduled hearing on the request.
(N)
Ordinance publication shall occur in accordance with the requirements of Chapter 166.041, Florida Statutes.
(O)
Land use plan amendments to the Comprehensive Plan shall be noticed in accordance with the requirements of Chapter 163, Florida Statutes, as amended from time to time.
(P)
Amendments initiated by the City to the Official Zoning Atlas or the text of this Code shall be noticed as required by Section 166.041, Florida Statutes, as amended from time to time.
(Q)
Absence of the applicant or the applicant's authorized agent at any hearing may constitute grounds for a continuance or deferral at the discretion of the acting Board.
(R)
In addition to the public notice requirements of other Sections of this Code, the posting of property shall be required for all land use plan or zoning atlas amendments, conditional use applications and variance applications. The posting shall occur a minimum of five (5) days prior to the scheduled hearing on the request. Postings shall not be required for City initiated amendments which constitute greater than five percent (5%) of the total land area of the City.
226.00 - Amendments.
(A)
Amendments to this Code or the Comprehensive Plan shall follow the procedures established by this Section, which supplement the mandatory requirements of State law.
(B)
An amendment may be initiated as follows:
(1)
Atlas amendments may be initiated by the property owner of record, or an authorized agent of the property owner of record.
(2)
The City Commission may initiate an atlas or text amendment by motion after considering its merits at a public meeting.
(3)
The Planning and Zoning Board may initiate an atlas or text amendment by adopting a resolution expressing their intent.
(4)
The City Manager or Planning and Zoning Director may initiate a text amendment in order to update this Code where necessary.
(5)
The property owners of an area may request an atlas amendment by filing a petition by the owners of 50 percent or more of the area involved with the City Manager. The City Commission shall consider the merits of said petition at a public meeting and initiate or not initiate the request by motion.
226.01 Procedure for amendments.
(A)
Application for amendments shall be filed with the City Clerk on forms provided by the Planning and Zoning Director and shall include the required fee established by this Code.
(B)
The Director shall forward all applications to the City's Technical Review Committee (TRC) for an administrative and completeness review to determine compliance with the provisions of this Code, the Comprehensive Plan and all applicable building codes.
(C)
Upon receiving a determination from the Technical Review Committee (TRC) that the application is complete and ready for processing the City Clerk shall notice the application for public hearing before the Planning and Zoning Board and City Commission.
(D)
Notice for public hearing shall constitute written legal notice, and legal notice publication in accordance with the requirements of this Article.
(E)
The Planning and Zoning Board shall hold a public hearing on the application for the purpose of submitting a recommendation to the City Commission. The recommendation shall contain any provisions of this Code pertaining to the request and determine compliance with those provisions, state the policy considerations of the Comprehensive Plan pertaining to the request and determine compliance with those provisions, and shall include written comments filed pertaining to the application and comments entered at the public hearing pertaining to the application.
(F)
The recommendation from the Planning and Zoning Board shall be for approval, approval with modifications, or denial; and shall include its reasons for denial.
(G)
The City Commission shall review the application and recommendation of the Planning and Zoning Board and render a decision regarding same. Approval shall be in the form of an Ordinance.
(H)
No amendment shall be recommended for approval or approved without an affirmative vote for a majority of the full membership of the Board rendering the decision.
(I)
Recommendations for approval with modifications, or an action of approval with modifications shall not involve a greater land area or a more intensive classification without the proper renotification for an additional public hearing before the Board rendering the decision.
(J)
Any application may itself be amended prior to public notice by the property owner, authorized agent of the property owner, or the City in the case of a City initiated application.
(K)
Any application may be withdrawn at any time. A request for withdrawal shall be made in writing to the Planning and Zoning Director.
(L)
An application seeking action identical to a prior application that was denied cannot be filed for a period of one (1) year from the date the denial became final.
226.02 Amending the comprehensive plan.
(A)
Any application which includes an amendment to the Future Land Use Map Series of the Comprehensive Plan shall follow the procedures set forth by Section 226.01, Subsections (A) through (F), thence continue the process of this Section as outlined by Subsection (B) through (F) below, except as authorized otherwise by Chapter 163, Florida Statutes, or the Pinellas Planning Council (PPC) Countywide Rules.
(B)
Upon review and recommendation by the Planning and Zoning Board the City Commission shall hold a transmittal public hearing for the purpose of making a recommendation to the Pinellas Planning Council (PPC) and State Department of Economic Opportunity (DEO) or its successor entity.
(C)
Upon affirmative action by the City Commission the Director shall submit same application to the Pinellas Planning Council (PPC) for review in accordance with the procedures established by the Pinellas Planning Council (PPC) Countywide Rules.
(D)
Upon affirmative action by the Pinellas Planning Council (PPC) the Director shall submit same application to the State Department of Economic Opportunity (DEO), or its successor entity, in accordance with the procedures established by Chapter 163, Florida Statutes.
(E)
Upon affirmative action by the Department of Economic Opportunity (DEO), or its successor entity, the Director shall submit same application to the City Commission with an updated summary of all action for final adoption.
(F)
Comprehensive Plan amendments directly related to proposed small scale development activities as defined by Chapter 163, Florida Statutes, may be presented to the City Commission for final adoption prior to transmittal of the application to the State Department of Economic Opportunity (DEO), or its successor entity. The procedure for this option shall be in accordance with Chapter 163, Florida Statutes and any rules established by the State Department of Economic Opportunity (DEO), or its successor entity.
(G)
Notice of public hearing shall be in accordance with the requirements of this Article and Chapter 163, Florida Statutes.
(Ord. No. 2018-17, § 2, 12-17-2018)
226.03 Standards for review of amendments.
(A)
No amendment to the text of this Code, the Comprehensive Plan, the Future Land Use Map Series of the Comprehensive Plan, or any other legislative or quasi-legislative land use amendment, shall be recommended for approval unless a positive finding, based upon fairly debatable evidence either presented at a public hearing held by the Board or reviewed personally by the Board members is made on each of the standards (1)—(8) of this section, if applicable. No amendment to the Official Zoning Atlas, or any other quasi-judicial land use amendment, shall be recommended for approval or receive a final action of approval unless a positive finding, based upon substantial competent evidence either presented at a public hearing held by the Board or reviewed personally by the Board members is made on each of the following standards:
(1)
Conformance with the requirements of this Code.
(2)
The available uses to which the property may be put are appropriate to the property in question and are compatible with the existing and planned uses in the area.
(3)
The amendment is consistent with the goals, objectives and policies of all Elements of the City Comprehensive Plan.
(4)
The amendment will not result in significant adverse impacts to the environment or historical resources.
(5)
The amendment will not create an isolated district unrelated to the scale and character of adjoining land uses.
(6)
The amendment will not adversely affect adjoining property values.
(7)
The amendment will not adversely impact nor exceed the capacity or the fiscal ability of the City to provide available public facilities, including transportation, water and sewer, solid waste, drainage, recreation, education, fire protection, library service and other similar public facilities. Compliance with the adopted Levels of Service standards can be demonstrated if necessary.
(8)
The amendment shall provide for efficient and orderly development considering the impact upon growth patterns and the cost to the City to provide public facilities.
227.00 - Annexations.
(A)
Upon annexation the area annexed shall be subject to all laws, ordinances, and regulations in force in the City and shall be entitled to the same privileges and benefits of other parts of the City.
(B)
The area annexed shall be subject to the regulations of the Pinellas County land use plan and zoning code until the area is zoned and designated with a land use district by the City to comply with its Comprehensive Plan.
227.01 Compliance of annexations with the city/county interlocal planning agreement.
(A)
The property subject of an annexation may be zoned and designated with a land use district after annexation provided the district shown in the City's Future Land Use Map Series and proposed zoning is equal to or less intensive than the restrictions of the current County designations for same property.
(B)
Existing or proposed designations more intensive than the restrictions of the current County designations shall require the processing of a zoning and land use plan amendment in accordance with the procedures contained in this Article.
228.00 - Conditional uses.
(A)
Conditional uses shall be established by the use restrictions of the various zoning districts in this Code and shall be subject to the approval procedures of this Section.
(B)
All conditional uses shall be subject to the following requirements:
(1)
Compliance with the provisions of this Code.
(2)
Site plan approval in accordance with the provisions of this Code.
(3)
Compliance with the use, dimensional and other restrictions of the zoning district in which it is located.
(4)
Compliance with the provisions of the City Comprehensive Plan.
(C)
In connection with the approval of any Conditional Use the City Commission may make the granting conditional upon such restrictions, stipulations, and safeguards it deems necessary to ensure compliance with the provisions of this Code and the Comprehensive Plan. Violation of such conditions shall be deemed a violation of this Code and shall be enforced as such.
(D)
Applications for conditional use approval shall be filed with the City Clerk on forms provided by the Planning and Zoning Director and shall include the required fee established by this Code.
(E)
The Director shall forward all applications to the City's Technical Review Committee (TRC) for administrative and completeness review to determine compliance with the provisions of this Code, the Comprehensive Plan and all applicable building codes.
(F)
Upon receiving a determination from the Technical Review Committee (TRC) that the application is complete and ready for processing the City Clerk shall notice the application for public hearing before the Planning and Zoning Board and City Commission.
(G)
Notice of public hearing shall constitute written legal notice.
(H)
The Planning and Zoning Board shall hold a public hearing on the application for the purpose of submitting a recommendation to the City Commission. A recommendation shall contain any provisions of this Code pertaining to the request and determine compliance with those provisions, state the policy considerations of the Comprehensive Plan pertaining to the request and determine compliance with those provisions, and shall include written comments filed pertaining to the application and oral comments entered at the public hearing pertaining to the application.
(I)
The recommendation from the Planning and Zoning Board shall be for approval, approval with stipulations, or denial; and shall indicate reasons for denial.
(J)
The City Commission shall review the application and recommendation of the Planning and Zoning Board. Approval by the City Commission shall be in the form of a Resolution containing all stipulations of approval.
(K)
Approval of a conditional use shall be by a majority of those Board members voting on the application.
(L)
Any application may be withdrawn at any time. A request for withdrawal shall be made in writing to the Planning and Zoning Director.
(M)
An application seeking action identical to a prior application that was denied cannot be filed for a period of one (1) year from the date the denial became final.
228.01 Standards for review of conditional uses.
(A)
No conditional use shall be recommended for approval or receive a final action of approval unless a positive finding, based upon substantial competent evidence either presented at a public hearing held by the Board or reviewed personally by the Board members is made on each of the following standards:
(1)
Conformance with the requirements of this Code.
(2)
The use to which the property may be put is appropriate to the property in question and is compatible with existing and planned uses in the area.
(3)
The conditional use is consistent with the goals, objectives and policies of all Elements of the City Comprehensive Plan.
(4)
The conditional use will not result in significant adverse impacts to the environment or historical resources.
(5)
The conditional use will not adversely affect adjoining property values.
(6)
The conditional use will not adversely impact nor exceed the capacity or the fiscal ability of the City to provide available public facilities, including transportation, water and sewer, solid waste, drainage, recreation, education, fire protection and emergency services, police protection, library service and other similar public facilities. Compliance with the adopted Levels of Service standards can be demonstrated if necessary.
(7)
The conditional use shall provide for efficient and orderly development considering the impact upon growth patterns and the cost to the City to provide public facilities.
229.00 - Site plans.
(A)
Site plan approval shall be required prior to the issuance of any building permit, public works construction permit, Certificate of Occupancy or Occupational License, in accordance with the following:
(1)
The approval of a Subdivision in accordance with the requirements of Article XI of this Code except for minor subdivisions involving the creation of two lots from a single parcel of land specified under Section 184.06(B).
(2)
The establishment or expansion of any conditional use.
(3)
The establishment, expansion, or change of any use, activity or structure pursuant to the provisions of Sections 229.00 through 229.05.
(B)
Prior to application for site plan approval a pre-application conference with the Planning and Zoning Department staff is recommended.
229.01 Site plan exemptions.
(A)
The activities and improvements listed below shall be specifically exempt from the requirement to obtain site plan approval in accordance with the provisions of Sections 229.00 through 229.04:
(1)
The installation of mobile homes and recreational vehicles in mobile home and recreational vehicle parks where the infrastructure is installed and site plan approval has been previously granted and has not expired.
(2)
Where Final Development Plan approval has been granted in accordance with the provisions of Article V of this Code.
(3)
One- and two-family dwellings on a lot of record or in an approved and constructed subdivision.
(4)
Any change of use to existing structures when such change requires no addition to the gross floor area.
(5)
Temporary uses established pursuant to the requirements of this Code.
(6)
Additions, improvements, or alterations to existing uses and structures when such changes result in a one-time only increase in gross floor area of 500 square feet or less and do not require City Commission approval under Section 229.03.
(7)
Any request for Sign Permit in accordance with the provisions of Article XII of this Code.
(Ord. No. 2018-11, § 2, 6-18-2018)
(A)
All site plans shall be prepared under the direction of a Florida Registered Engineer and sealed by same.
(B)
All site plans shall conform to the following minimum provisions, unless determined by the Director that certain provisions are unnecessary to comply with the terms of this Code:
(1)
All required information shall be presented on sheets no larger than twenty-four (24) by thirty-six (36) inches.
(2)
Drawings may be presented on one (1) or more sheets to clearly show the information required. If a drawing is prepared on more than one (1) sheet, match lines shall clearly show where the sheets join. All sheets shall be consecutively numbered, and must show the particular number of that sheet and the total number of sheets included.
(3)
All lettering shall be neat and legible, and a minimum of 3/32 " in height.
(4)
All dimensions shall be feet and decimals of a foot.
(5)
All drawings shall have a north arrow.
(6)
Final Site Plans shall be prepared at a scale of one inch equals sixty feet (1" = 60') or larger, provided that the Director may approve a smaller scale for large projects. All drawings shall show the scale at which they are drawn.
(7)
All drawings shall show the date they were drawn, and the date of any revisions.
(8)
Any legal description of the property, and the citation and general description of any existing covenants, easements and rights-of-way affecting the use and development of the property shall be provided.
(9)
An accurate vicinity map at a scale of not less than one (1) inch equals one mile (1" = 1 mile) shall be provided.
(10)
An accurate boundary survey sealed by a Registered Surveyor shall be provided.
(11)
The name, location and width of existing or platted streets and street rights-of-way within or contiguous to the site shall be provided.
(12)
The location size and depth of underground power and phone lines, sewers, water mains, storm drains, and other underground facilities and utility easements within or contiguous to the site shall be provided.
(13)
The location and size of easements for all above ground utilities, such as electric power lines, within and adjoining the site shall be provided.
(14)
The location and nature of existing land uses, historic sites and structures, buildings, and existing zoning shall be provided.
(15)
Open Space, recreation, and public areas, including the locations, type, and area of all open spaces, parks, recreational areas, school sites and similar areas of facilities on the property, including the percent of open space provided shall be shown.
(16)
Plans for signs, if any, including the location, type, height, area, and proposed lighting shall be shown.
(17)
The method and required improvements for sanitary sewer service and potable water supply shall be provided.
(18)
The location of proposed fire hydrants and systems shall be provided.
(19)
The location and type of all proposed electric and communication lines shall be provided.
(20)
The location, size, and type of all stormwater management facilities shall be provided.
(21)
Drainage flow and calculations signed and sealed by an engineer shall be provided.
(22)
Type and location of any erosion and sedimentation controls shall be provided.
(23)
The location, description, and terms of any proposed easements, reservations, or dedications, together with any necessary legal instruments shall be provided.
(24)
Date, scale, north arrow, and legend shall be shown.
(25)
Total site area including upland area and submerged area shall be provided.
(26)
A topographic survey signed and sealed by a registered engineer, architect, or surveyor.
(27)
A tree survey reviewed and approved by a certified Arborist with an overlay of the proposed development and showing the following:
(a)
Location of all Protected Trees, tree number that corresponds with the number on the aluminum tag placed on the tree, botanical and common names of all trees, and DBH of each tree on the site and within 25 feet of the property line;
(b)
The location of all proposed structures, driveways, parking areas, and other improvements;
(c)
The designation of all trees to remain, and all trees to be removed;
(d)
Proposed grade changes which might adversely affect or endanger any Protected Tree(s), with specification on how to maintain Protected Trees;
(e)
The size of all tree canopies;
(f)
The location of the drip line and critical root zone for all trees; and
(h)
Tree Condition Rating for Protected Trees assigned by the City Arborist in accordance with Section 153.05(3).
(28)
A statement as to why the Protected Tree(s) is (are) proposed to be removed.
(29)
A statement showing how trees not proposed for removal are to be protected during land clearing and construction.
(30)
A statement of intent to physically replace trees that are required to be replaced pursuant to Section 153.07 on the site or submit a written request for optional participation to the City Tree Bank, as further outlined in Section 153.06 of this Code.
(31)
Existing contours and proposed grades at one foot intervals shall be shown.
(32)
Flood zone and required first floor elevation (if more than one flood zone provide contours on survey) shall be provided.
(33)
Complete screening details, including fences or walls shall be provided.
(34)
Landscaping provided by size, type, spacing, and location shall be shown.
(35)
The method of irrigation shall be provided.
(36)
Percentage of interior landscaping shall be provided.
(37)
Percentage of open space (impermeable surface) shall be provided.
(38)
Surrounding land use shall be shown.
(39)
Surrounding zoning shall be shown.
(40)
Site zoning shall be shown.
(41)
All existing and proposed water/sewer lines shall be shown.
(42)
Existing fire hydrant locations within 500 feet shall be provided.
(43)
Lot dimensions shall be shown.
(44)
Required and proposed setback dimensions shall be shown.
(45)
Gross floor area by type for nonresidential uses shall be provided.
(46)
Gross density for residential uses and number of units shall be provided.
(47)
The proposed building height shall be provided.
(48)
Proposed streets and street rights-of-way (give easement width for private streets) shall be provided.
(49)
Required right-of-way needs under the Comprehensive Plan and Section 150.00 of this Code shall be provided.
(50)
Street names or numbers shall be shown.
(51)
Proposed phasing plan by anticipated commencement and completion date (on plans or by letter) shall be provided for all projects with more than one phase.
(52)
Dumpster location and screening shall be shown.
(53)
Required parking calculations (parking provided and required) shall be provided.
(54)
Size and location of required loading shall be shown.
(55)
Required (proposed) sidewalks shall be shown.
(56)
Driveways and access improvements shall be shown.
(57)
Location and type of lighting shall be shown.
(58)
Description of the maintenance of common facilities for residential projects shall be provided.
(59)
Construction drawings shall be submitted to the Engineering Department after site plan approval.
(60)
Any other information deemed necessary to comply with the provisions of this Code as determined by the Director.
(61)
Include all applicable City of Safety Harbor Standard Engineering Details on the site plan.
(62)
Include all required data on the Engineering Department check list for grading and drainage.
(63)
Include all required data on the Fire Department check list.
(C)
Proof of ownership shall be provided at the time of site plan application.
(D)
An affidavit of ownership and designation of an authorized agent shall be provided at the time of site plan application.
(E)
Compliance with the concurrency management requirements of Article IX shall be demonstrated by the applicant for site plan approval.
(Ord. No. 2015-07, § 1, 3-16-2015; Ord. No. 2016-10, § 3, 6-6-2016; Ord. No. 2019-02, § 2, 3-18-2019; Ord. No. 2021-02, § 6, 6-21-2021)
(A)
The expansion of an activity or use which exceeds the thresholds of the following schedule shall be approved by the City Commission:
(B)
The expansion of an activity or use which does not exceed the thresholds of the above schedule or otherwise requires the approval of a site plan may be approved by the Technical Review Committee (TRC).
(C)
Applications for Site Plan approval shall be filed with the Planning and Zoning Department on forms provided by the Planning and Zoning Director, shall include the required fee established by this Code, and shall be processed as follows:
(1)
The Director shall forward all applications to the City's Technical Review Committee (TRC) for an administrative and completeness review to determine compliance with the provisions of this Code, the Comprehensive Plan and all applicable building codes. Approval may be granted by the TRC where authorized by this Code. In no case shall the TRC convene more than three times on a single application. If the applicant fails to respond to TRC comments within 90 days from the date a TRC letter is issued, the Planning and Zoning Director may close the file based on insufficient progress. The applicant may appeal the Planning and Zoning Director's decision to the City Commission by filing a letter to the City Clerk within thirty days of being informed that the application is no longer being considered. A new application may be filed at any time after a file is closed.
(2)
Where approval by the TRC is not authorized by this Code, the Director shall, upon receiving a determination from the TRC that the application is complete and ready for processing, forward the application to the Planning and Zoning Board.
(3)
The Planning and Zoning Board shall review the application for compliance with the provisions of this Code, the Comprehensive Plan, and the City's building codes and shall make a written recommendation to the City Commission.
(4)
The City Commission shall review the application and recommendation of the Planning and Zoning Board. The City Commission shall approve, approve with stipulations, or deny the application.
(5)
All Board actions shall carry by a majority vote of those members voting on the application.
229.04 Standards for site plan review.
(A)
No site plan shall be recommended for approval or receive a final action of approval unless said application has been found to comply with all of the following:
(1)
All the applicable provisions of this Code.
(2)
The Comprehensive Plan.
(3)
The City's concurrency management system.
(4)
All other applicable City building codes.
229.05 Site plan expirations, extensions, and revisions.
(A)
Approval of site plans and phasing plans shall expire if: (1) one (1) year after the date of site plan approval, a building permit has not been granted; or (2) one (1) year after the date of site plan approval a building permit has been granted but construction has not commenced; or (3) if construction begins but more than one (1) year has elapsed without any construction activity, unless an alternate phasing plan with alternate commencement and completion dates has been approved by the City Commission or an extension of time pursuant to Section 229.05(B) has been granted.
(B)
One (1) extension for up to one (1) additional year may be granted by the original approving authority for good cause. The review of extension requests shall include an evaluation of the effect of new or current regulations on the project. Requests for a time extension shall be submitted a minimum of thirty (30) days prior to the expiration date in writing.
(C)
Minor revisions to an approved site plan may be authorized by the Technical Review Committee (TRC) upon the review of a revised site plan submitted by the original applicant. Major revisions shall only be authorized in the same manner as originally approved. The TRC shall determine if the proposed revisions are minor or major based upon the criteria provided in this subsection. The following criteria shall identify a major modification:
(1)
Any increase in density;
(2)
Any increase in floor area exceeding 500 square feet or the threshold of City Commission approval under Section 229.03;
(3)
Any change in an approved land use for an undeveloped property or building;
(4)
Any change in an approved land use for an existing building requiring exterior structural modifications and/or additional parking;
(5)
Any change in project phasing;
(6)
Any change which would require an amendment to approval conditions;
(7)
Structural alterations significantly affecting the basic size and form of the building(s);
(8)
Any reduction in the amount of open space of more than five (5) percent or any substantial change in the location or characteristics of open space;
(9)
Any increase in traffic generation by more than ten (10) percent;
(10)
Any change in structure height;
(11)
Any change in the number of vehicular access points.
(Ord. No. 2018-11, § 3, 6-18-2018)
230.00 - Construction drawings.
(A)
Where construction drawings are required by this Code or any applicable building code the drawings shall be submitted to, reviewed by, and approved by the Engineering Department in a form and procedure required by the City Engineer.
(B)
Construction drawings shall comply with the provisions of this Code, the applicable building code and the conditions of any previous approvals granted by the City.
231.00 - Building permits.
(A)
Valid building and public works construction permits are required prior to the commencement of any development activity.
(B)
Applications for building and public works construction permit shall be made through the Building Official or Engineering Department. Construction permits shall only be issued after authorization by the City Engineer.
(C)
No application for building or public works construction permit shall be approved unless it includes the following minimum information:
(1)
An approved site plan or subdivision where such are required.
(2)
The application for building permit complies with all previous stipulations of approval.
(3)
The proposed development complies with the provisions of this Code, the City's concurrency management system, the Official Zoning Atlas designation, and the Future Land Use Map Series designations.
(4)
A valid tree removal permit or notarized affidavit of no tree removal or no tree removal verification where required, and the conditions of said permit.
(5)
The City's Flood Damage Prevention Ordinance, the requirements of FEMA, and the latest FIRM maps.
(6)
A copy of approved SWFWMD permits.
(7)
A copy of all applicable approvals from the Pinellas County Health Department.
(8)
All necessary variances have been obtained and a copy of the approval letter is submitted.
(9)
A copy of a nonconforming lot of record opinion where one is required.
(10)
A copy of approved driveway or right-of-way utilization permits from Pinellas County or the Florida Department of Transportation where applicable.
(11)
Compliance with all other applicable federal, state, and local building codes is demonstrated.
(12)
Sufficient information for the City to determine what fees, if any, may be required prior to the issuance of the building permit.
(13)
Building permit applications for new nonresidential or multifamily developments are required to include an outdoor lighting plan demonstrating compliance with Article X, Section 171.00 of this Code.
(D)
Prior to commencement of any underground work, a utility locate is required to confirm utility locations.
(Ord. No. 2015-05, § 14, 3-16-2015; Ord. No. 2018-04, § 2, 4-2-2018; Ord. No. 2018-08, § 3, 5-23-2018; Ord. No. 2019-20, § 5, 1-21-2020; Ord. No. 2020-09, § 2, 11-2-2020)
232.00 - Certificates of occupancy.
(A)
A certificate of occupancy shall be issued by the Building Official prior to the occupancy and use of any site which has undergone development, renovation, or redevelopment.
(B)
No certificate of occupancy shall be issued by the Building Official until the following has been submitted to the City's satisfaction:
(1)
As-built drawings where required by this Code or the City Engineer.
(2)
A certificate of completion in substantial compliance with all approved plans and specifications for required improvements by the Engineer of Record where one is required.
(3)
A sign-off from the Pinellas County Health Department where applicable.
(4)
A sign-off from the Fire Marshal.
(5)
A sign-off by the Building Official regarding satisfaction of the final inspection.
(6)
A sign-off from the Public Works Director where applicable.
(7)
A sign-off from the Planning and Zoning Director where site plan approval has been required.
(8)
Compliance with the provisions of this Code and all applicable building codes has been demonstrated.
(9)
All required inspections have been made and satisfied.
233.00 - Occupational licenses.
(A)
All applications for occupational license approval shall comply with the provisions of this Code, all other applicable building codes, and federal, state, or local laws.
234.00 - Variances and appeals.
(A)
The Board of Appeals is authorized to:
(1)
Hear and decide appeals of administrative decisions where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the interpretation or enforcement of this Code.
(2)
Grant variances to the zoning dimensional regulations and development regulations of this Code where specifically authorized, when special conditions exist. The purpose is to provide for a procedure to modify the terms of this Code where literal enforcement of the requirements would result in an unnecessary hardship. It is intended that all modifications, or variances, granted shall not be contrary to the public interest.
(Ord. No. 2022-03, § 6, 4-18-2022)
234.01 Appeals.
(A)
In exercising its powers to hear and decide appeals, the Board may reverse or affirm, wholly or partly or may modify the order, requirement, decision, or determination made by the administrative official.
(B)
A request for an appeal must be initiated by the aggrieved person within 30 days of the decision rendered by an administrative official that is being appealed. If the aggrieved person fails to file an appeal within such period, the Board has no authority to hear the appeal.
(C)
The Board, in determining whether the administrative official's decision was correct, can only consider the specific code provision considered by the administrative official, and the papers, documents and maps provided to the administrative official before making his decision. The Board shall not consider the fairness of the application of the specific Code provisions in deciding the appeal.
(Ord. No. 2018-17, § 3, 12-17-2018)
(A)
The Board has no authority to consider or grant the following variances:
(1)
Variances which permit the establishment of a use in a zone or district in which such use is not permitted by the regulations of the zoning district involved;
(2)
Variances which permit the establishment of a lot or parcel which must be combined under the terms of this Code or which is part of a larger parcel which when established does not meet the area or width requirements of the applicable zoning district;
(3)
Variances which permit an increase in density above that allowed by the applicable zoning district or Comprehensive Plan designation;
(4)
Variances which would purport or modify any definitions set forth by the Code;
(5)
Variance which relate in any way to a nonconforming use.
(B)
No variance shall be granted by the Board of Appeals unless a positive finding, based upon substantial competent evidence, either presented at a public hearing held by the Board or reviewed personally by the Board members, is made on each of the following standards:
(1)
The need for the proposed variance arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved.
(2)
Strict applications of the provisions of the Code involved will deprive the applicant of reasonable use of the property meaning that the Code's intent will not be furthered and the application of the Code to the applicant is unfair.
(3)
Granting the variance will not confer any special privilege that is not allowed for other lands, buildings, or structures in the same zoning district.
(4)
The variance granted is the minimum necessary that will afford relief.
(5)
The conditions or special circumstances peculiar to the property have not been self created.
(6)
Is not based upon the presence of nonconformities or other variances granted in the district or adjoining neighborhood.
(7)
Is not based upon conditions, including financial, personal to the applicant.
(8)
Will not substantially diminish property value, nor alter the essential character of the neighborhood.
(9)
Will not have a detrimental effect upon the public interest, health, safety, and welfare.
(10)
Will not create a negative impact upon the provisions of an adequate level of service for public facilities by the community.
(11)
Conforms to the general intent of this Code, requirements of the Comprehensive Plan and requirements of the Rules Concerning the Administration of the Countywide Future Land Use Plan pertaining to the adjustment of intensity standards.
(C)
In granting any variance the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with the provisions of this Code as may be necessary to ensure compliance with the standards for approval, or to minimize any potentially injurious effect of granting such variance.
(D)
The variance granted under the provision of this Section shall expire within one (1) year from the date the Board heard the application and granted the variance unless a building permit for construction has been obtained. If the building permit ever expires for lack of work and one year has passed since the Board heard the application and granted the variance, the variance shall expire.
(E)
Upon receiving a request in writing at least 30 days prior to the scheduled expiration date, the Board of Appeals may grant one 6-month extension provided proper public notification has been given.
(F)
The Board may reconsider a decision or a variance application only if a request for rehearing is made within 45 days of the date of the original action taken by the Board, and shall be advertised for the next available Board of Adjustment meeting. Before reconsidering one of its decisions, the Board of Adjustment, after hearing testimony, must make a finding that evidence not previously considered by the Board exists and will be presented. The action to rehear shall be authorized only upon a motion of a Board member who voted on the prevailing side in the original Board action, and upon an affirmative vote by a majority of the Board members present and voting upon the original Board action. Upon an affirmative vote to rehear the decision or variance application the Board must reconsider the request in accordance with the terms of this Section.
(G)
An application seeking action identical to a prior application that was denied cannot be filed for a period of one (1) year from the date the denial became final.
(A)
Notice of public hearing shall be given at least 7 days in advance of the hearing date of any Board of Appeals hearing. Notification shall be complete upon the written notice by first class mail to the applicant or agent and to each property owner within 500 feet of the subject property.
234.04 Authorization of variance or appeal.
(A)
No action shall be valid unless authorized by a majority of the Board members voting on the request.
234.05 Judicial review of decisions.
(A)
Any person or persons, firm or corporation, or any officer, department, board, or bureau of a governing body aggrieved by any decision of the Board of Appeals, may seek judicial review in the Circuit Court for Pinellas County, Florida of a Board decision by filing a petition for certiorari within thirty (30) days after the decision of the Board, or as otherwise provided by the Florida Rules of Appellate Procedure.
(Ord. No. 2018-17, § 3, 12-17-2018)
235.00 - Vacation of streets, plats or other property.
(A)
An application to vacate any street rights-of-way, plats or other property shall be filed with the City Engineer and shall include the required fee established by this Code.
(B)
The City Engineer shall forward all applications to the City's Technical Review Committee (TRC) for an administrative and completeness review to determine compliance with the provisions of this Code, the Comprehensive Plan and all applicable building codes.
(C)
Upon receiving review comments from the Technical Review Committee and all reports from outside agencies listed under Section 235.01(A), to be obtained and submitted by the applicant, the City Engineer shall forward the application and all relevant data and analysis to the City Clerk for the scheduling, advertising and notification of a public hearing before the City Commission. Any easement document(s) necessary for the satisfactory completion of a vacation shall be executed and provided to the City Clerk and approved by the City Engineer and City Attorney prior to scheduling the public hearing.
(D)
Notice for public hearing shall constitute written legal notice to abutting or adjacent property owners in accordance with the requirements of this Article. Abutting shall include owners of any lot or parcel of land which shares all or part of a common lot line with or that is immediately adjacent to or contiguous with the easement or public right-of-way to be vacated.
(E)
The City Commission shall review the application and render a decision regarding same. Approval shall be in the form of a Resolution.
235.01 Standards for review of vacations.
(A)
No vacation shall be approved unless a positive finding, based upon substantial competent evidence, either presented at a public hearing held by the Board or reviewed personally by the Board members is made on each of the following standards:
(1)
A written report from required agencies as listed on the application form is provided stating the subject property is not needed for the distribution, expansion, or maintenance of existing or future utility services.
(2)
The property does not provide the sole means of access to an adjoining property.
(3)
The property is not needed to implement the future circulation plans of the Traffic Circulation Element of the Comprehensive Pan.
(4)
The property does not provide the adjoining neighborhood with a viable usable access or vista to the Cities shoreline.
236.00 - Enforcement of code provisions.
(A)
The provisions of this Code shall be enforced by the City Manager or his/her designee(s).
(B)
Personnel of the City, in the performance of its duties or functions to enforce this Code, may enter upon any property during normal work hours of the City and make examinations to determine Code compliance that do not occasion damage or injury to private property.
(C)
The violation of any stipulations attached to any permit, variance, conditional use or other approval granted by the City shall constitute a violation of this Code.
(D)
The procedure for enforcement of this Code shall be in accordance with the requirements established by Chapter 2, Article III, Division 3 of the Code of Ordinances for the City of Safety Harbor, or any other applicable legal means.
237.00 - Procedure for rehearings.
(A)
The City Commission may reconsider an application required under this Code only if a request for rehearing is submitted by a party to the proceeding to the City Manager in writing, within 30 days of the date of the original action taken by the Commission, together with any fees.
(B)
Before reconsidering one of its decisions, the City Commission, after considering the written request for rehearing and the additional evidence or argument discussed therein, must make a finding that evidence not previously considered, or a factual mistake related to the evidence considered exists.
(C)
The request to rehear shall be authorized only upon a motion of a member of the City Commission who voted on the prevailing side in the original City Commission action, and upon an affirmative vote of a majority of those present and voting. Any City Commissioner may second the motion.
(D)
Upon an affirmative vote granting the request to rehear, the application shall be scheduled upon due public notice in accordance with the requirements for said application.
238.00 - Procedure for denial of development orders.
(A)
When the City denies a development order the City shall provide written notice to the applicant, citing the applicable portions of the Land Development Code, Comprehensive Plan, or other ordinance or legal authority for the denial.
239.00 - Replats.
(A)
If a building permit is submitted to develop one structure over two or more adjacent lots of record under common ownership, and which would not otherwise require resubdivision of an approved recorded subdivision plat under Section 182.00(A)(3), as may be amended or re-codified from time to time, the lots shall either be combined pursuant to this section or a variance must be granted to all applicable development standards, including, but not limited to, setbacks from lot line(s) of record and any other development standard, which cannot otherwise be met unless the lots are combined.
(B)
A lot combination under this section may be approved by the Technical Review Committee upon a finding of consistency with all applicable standards of this Code.
(C)
Upon approval of the lot combination by the Technical Review Committee, the applicant/owner shall record a "Common-owner Lot Combination" in the form provided by the City with the Pinellas County Clerk of the Circuit Court for recording in the Official Public Records of Pinellas County, and shall provide proof of such recording to the City. The City will note the lot combination and recording in its records and maps. The applicant/owner shall be solely responsible for combining the lots for tax purposes with the Pinellas County Property Appraiser and/or Tax Collector.
(D)
All property with legally existing structure(s) over two or more lot lines of record under common ownership or with pending development applications to develop one structure over two or more adjacent lots of record under common ownership as of the effective date of this section shall be exempt from the provisions of this section. However, if such existing structure(s) is/are ever voluntarily demolished and redeveloped as separate buildable lots, the exemption in this section 239.00(D) shall no longer apply.
(Ord. No. 2018-17, § 4, 12-17-2018; Ord. No. 2021-02, § 7, 6-21-2021)
240.00 - Live Local Act development.
240.01 Applicability.
A.
The provisions of this Section shall apply to any application for the development of land authorized under Section 166.04151(7), Florida Statutes.
B.
Outside of the Community Redevelopment District (CRD), only properties within the General Office (GO); Neighborhood Commercial (C-1); Restricted Commercial District (C-1A); Flex Business/Industrial (FBI); Light Industrial (M-1); General Industrial (M-3) zoning districts are eligible to use to the provisions of Section 166.04151(7), Florida Statutes.
C.
Within the Community Redevelopment District (CRD), only properties within the Service Corridor - 1 (SC-1), Service Corridor - 2 (SC-2), Main Street Marketplace (MSM) and Community Town Center (CTC) Character Districts are eligible to use the provisions of Section 166.04151(7), Florida Statutes.
(Ord. No. 2024-15, § 2, 11-18-2024)
Unless specifically defined below, words or phrases used in this Section shall be defined in accordance with Article XVI, Section 271 of this Code.
Affordable Housing: A multi-family rental development in which a minimum of forty (40) percent of the residential units meets the definition of affordability in Section 420.0004, Florida Statutes, for a minimum period of thirty (30) years.
Mixed-Use Residential Development: The development of a tract of land or building or structure with two (2) or more different uses, one of which must include affordable housing and uses permitted and limited in the underlying zoning district. At a minimum sixty-five (65) percent of the total square footage of the mixed-use development must be residential (lobby, service areas and amenity areas exclusively serving the residential uses shall be considered residential square footage), but no more than eighty (80) percent of the total square footage shall be residential. At a minimum, twenty (20) percent of the total square footage of the development must be nonresidential.
Transit Stop: A location designated by the Pinellas Suncoast Transit Authority for buses to make regularly scheduled, periodic stops for the purpose of loading and unloading passengers on an established transit route.
(Ord. No. 2024-15, § 2, 11-18-2024)
A.
Mixed-Use Residential Development, as defined herein, shall be permitted within the zoning districts listed in Section 240.01 of this Code.
B.
Except for use, height, density, and floor area ratio, the Affordable Housing project shall comply with the applicable development standards of this Code.
C.
The allowable density, floor area ratio, and height of the Affordable Housing development shall conform to the requirements of Section 166.04151(7), Florida Statutes.
D.
All other uses, including nonresidential uses, shall comply with the applicable development standards of this Code and the requirements of the zoning district the project is located in.
E.
The City may consider reduced parking requirements for eligible projects within one-quarter mile of a Transit Stop accessible from the proposed development.
(Ord. No. 2024-15, § 2, 11-18-2024)
240.04 Affordable housing requirements.
A.
A Land Use Restriction Agreement (LURA) documenting the affordable housing project's affordability, reporting and monitoring requirements and enforcement in a form acceptable to the City must be executed and recorded prior to issuance of permits for vertical construction of the multi-family residential projects.
B.
During the affordability period, the affordable housing project's owner shall submit to the City such documentation necessary to demonstrate the affordable units meet the criteria as set forth in Section 402.004, Florida Statutes, pursuant to the requirements and schedule established in the LURA.
(Ord. No. 2024-15, § 2, 11-18-2024)
240.05 Administration and enforcement.
A.
A site plan that complies with Section 166.04151(7), Florida Statutes, and the applicable City Codes shall be subject to administrative approval by the City Manager.
1.
Applications for Site Plan approval shall be filed with the Community Development Department on forms provided by the Community Development Director and shall include the required fee established by this Code.
2.
The Director shall forward all applications to the City's Technical Review Committee (TRC) for an administrative and completeness review to determine compliance with the provisions of this Code, the Code of Ordinances, the Comprehensive Plan and all applicable building codes. In no case shall the TRC convene more than three times on a single application. If the applicant fails to respond to TRC comments within 90 days from the date a TRC letter is issued, the Community Development Director may close the file based on insufficient progress. A new application may be filed at any time after a file is closed.
3.
The Community Development Director shall, upon receiving a determination from the TRC that the application is complete and ready for processing, review the application for compliance with the provisions of this Code, the Code of Ordinances, and the Comprehensive Plan, and shall make a written recommendation to the City Manager.
4.
The City Manager shall review the application and recommendation of the Director. The City Manager shall approve, approve with stipulations, or deny the application.
5.
If the development requires a variance for development standards including, but not limited to, setbacks, landscaping and buffering and parking, such request shall be reviewed by the Board of Appeals pursuant to Sections 234.00—234.05 of this Code. Within the Community Redevelopment District, waivers shall require review the City Commission pursuant to Section 100.00 of this Code.
6.
If the development is for a Mixed-Use Residential Development, the nonresidential land uses are subject to conditional use approval in the underlying zoning district, and such request shall be reviewed by the Planning and Zoning Board and City Commission in accordance with Sections 228.00—228.01 of this Code.
B.
The proposed development may not be developed in phases. All residential and nonresidential components of the site plan shall be located on the same or unified lot. A unity of title is required by a document recorded in the office of the Clerk of Court of Pinellas County, stipulating that a lot, lots, or parcel of land shall be held under single ownership, and prevent further subdivision, transfer, or conveyance of land in any unit other than in its entirety.
(Ord. No. 2024-15, § 2, 11-18-2024)