A.

Procedures.

1.

Decisions regarding variances and appeals relative to this chapter shall be made by the St. Leo Town Commission.

2.

All applications for a variance or appeal shall be submitted on a form established by the Town of St. Leo. The town commission shall also establish fees for variance and appeal requests. All applications for a variance shall include written responses to the variance hardship criteria contained in this article.

3.

Variance requests shall be heard pursuant to quasi-judicial proceedings and public hearing/notification procedures established by the town commission.

B.

Pre-application and public notification requirements.

1.

Prior to formally submitting a request for a variance, the applicant shall be required to meet with the Town of St. Leo staff at a pre-application meeting. The purpose of this meeting is to give the applicant the benefit of comments about the advisability of undertaking a proposed variance and the procedures and requirements. An appeal application does not require a pre-application meeting.

2.

Within ten business days of the submittal of the variance or appeal application submittal requirements contained in this section, the town commission or its designee shall determine if the application is complete. If the application is determined to be complete, then the request shall be formally advertised for a public hearing before the town commission. Said advertisement must occur at least seven days prior to the public hearing. The applicant requesting the variance shall be responsible for paying all advertising costs prior to the public hearing. Costs shall be as determined by the town clerk.

3.

The applicant shall be responsible for notice of the public hearing to the surrounding owners of property within 1,000 feet, excluding the distance over water bodies, of the perimeter of the subject property boundaries. At a minimum, at least the five closest abutting property owners shall be notified. Said notice shall be on a public hearing notice form that will be provided to the applicant by the Town of St. Leo. The town clerk will contact the applicant when the notice letter is ready. Information regarding the list of property owners within 1,000 feet can be obtained from the Pasco County Property Appraiser's office.

4.

The applicant shall mail the public hearing letter to the surrounding property owners as required in this chapter by U.S. Postal Service and obtain a certificate of mailing at least 15 days prior to the public hearing date. A copy of the certificate of mailing must be provided to the town clerk at least five calendar days prior to the public hearing date.

5.

Failure by the applicant to provide the public hearing notice may be cause for the town commission to defer action or deny the application without prejudice.

C.

Administrative variance procedure.

1.

Pursuant to this code, certain administrative variances may be granted as specifically defined in this code in order to protect environmentally sensitive lands, existing grand and protected trees and address minor waivers to code requirements. Administrative variances may be granted with or without conditions for the following:

a.

Building/structure, excluding signs, setbacks up to five feet.

b.

Permitted rear and side setback encroachments up to two feet.

c.

Landscape buffer width requirements up to five feet.

Administrative variances may be granted by the town commission or its designee without a public hearing. Notice to adjacent affected property owners may be required by the town commission or its designee prior to a decision.

(Ord. No. 20-03, § 1, 3-9-2020)

A.

In making a decision on a variance request, the town commission shall consider the variance hardship criteria listed below.

B.

All variance applications shall include responses by the applicant to the following criteria:

1.

The special conditions and/or circumstances applying to the building or other structure or land for which such variance is sought.

2.

The special conditions and/or circumstances peculiar to the property, structures, or buildings, that do not apply generally to neighboring lands, structures, or buildings in the same zoning district.

3.

The existing conditions and/or circumstances such that:

a.

The strict application of the provisions of this chapter would deprive the applicant of reasonable use of said land, building, or structure; and

b.

The peculiar conditions and circumstances pertaining to the variance request are not the result of the actions by the applicant.

4.

The variance request is in harmony with and serves the general intent and purpose of this chapter and the comprehensive plan including, but not limited to, important visual corridors (as adopted by Resolution No. 01-03) and maintaining the town's rural character as defined by the comprehensive plan.

5.

The variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by granting the variance.

6.

Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships that will be suffered by a failure of the town commission to grant a variance.

(Ord. No. 20-03, § 1, 3-9-2020)

A.

Within 120 days of the date the application is found to be complete, the town commission may take the following action on a variance request or an appeal based on the criteria of section 9.2:

1.

Approve a resolution with findings of fact approving the request as submitted;

2.

Approve a resolution with findings of fact approving the request with conditions;

3.

Defer action on a request until a specified time within 120 days of the date the application is found to be complete; or

4.

Deny the request.

B.

An appeal of a denial by the town commission relative to a variance request is to the circuit court.

C.

No variance application that has been denied may be resubmitted for the same variance for a period of one year from the date of denial.

(Ord. No. 20-03, § 1, 3-9-2020)

A.

An appeal of a decision relative to the issuance of a building, sign or tree removal permit by the building official or a designee of the town commission shall be appealed to the town commission.

B.

Any aggrieved individual may appeal such decision within ten calendar days of the decision. Such appeal shall be submitted to the town clerk and be in writing and describing the reason for the appeal. Appeals shall follow the filing and notice requirements outlined in section 9.1.

C.

If the town commission denies the appeal relative to the issuance of a building, sign or tree removal permit, no further appeal may be filed to the town commission for a period of one year, unless the applicant can demonstrate to the town commission that there is new information relevant to a new appeal hearing.

(Ord. No. 20-03, § 1, 3-9-2020)

A.

Pre-application and submittal requirements.

1.

Prior to formally submitting a request for a rezoning or text amendment to the Land Development Code, the applicant shall be required to meet with the town of St. Leo staff at a pre-application meeting. The purpose of this meeting is to give the applicant the benefit of comments about the advisability of undertaking a rezoning or text amendment to the Land Development Code, procedures, and requirements.

2.

A rezoning application or text amendment to the Land Development Code shall include the following:

a.

The completion and submittal of the Town of St. Leo application form signed by the property owner of record and the application fee as established by the town commission. The filing of the application acknowledges the applicant's agreement to be responsible for any and all outside costs to the town for the review of the application and associated materials;

b.

If applicable, a location map showing the relationship of the project to cities, highways, and natural features;

c.

If applicable, a property map showing the current use and zoning of the tract and all contiguous property;

d.

If applicable, a legal description of the entire property encompassing the proposed rezoning;

e.

Any additional information and materials as the town commission or its staff may reasonably require.

B.

Procedural and notification requirements.

1.

Within ten business days of the submittal of the submittal requirements contained in this section, the town commission or its designee shall determine if the application is complete. If the application is determined to be complete, then the request shall be formally advertised for public hearings before the town commission. Said advertisement must occur at least seven days prior to the first public hearing. The second hearing and adoption by the town commission must be at least ten days after the first public hearing. The applicant requesting the rezoning shall be responsible for paying all advertising costs prior to the first public hearing. Costs shall be as determined by the town clerk.

2.

For rezoning applications, the applicant shall be responsible for notice of the public hearings to the surrounding owners of property within 1,000 feet, excluding the distance over water bodies, of the perimeter of the subject property boundaries. At a minimum, at least the five closest abutting property owners shall be notified. Said notice shall be on a public hearing notice form provided by the Town of St. Leo and mailed by the applicant by U.S. Postal Service certificate of mailing 30 days prior to the second public hearing date. A copy of the certificate of mailing shall be provided to the town clerk at least five calendar days prior to the initial public hearing date.

3.

Within 120 days of the date the application is found to be complete, the town commission shall conduct the public hearings as quasi-judicial proceedings, and may take the following action after adjourning the second public hearing:

a.

Approve an ordinance with findings of fact approving the application as submitted or with conditions;

b.

Deny the application;

c.

Adjourn the public hearing and defer action on the application to a future town commission meeting not more than 60 days from the date of the public hearing and in no case more than 120 days from the date the application is found to be complete, and then take final action; or

d.

Continue the public hearing to a date certain not be more than 120 days from the date the application is found to be complete.

C.

Decision criteria.

1.

The town commission shall consider, but not be limited to the following criteria in evaluating a rezoning and/or text amendment to the Land Development Code:

a.

Compatibility with existing land use pattern.

b.

Whether changed or changing conditions make passage of the proposed amendment necessary.

c.

Whether the proposed change will adversely affect living conditions in the immediate and surrounding neighborhoods relative to traffic, environmental and other relevant impacts.

d.

Whether the proposed change might result in lower property values.

e.

Whether the proposed change would result in or act, as a deterrent to, the improvement or development of adjacent property in accordance with existing regulations.

f.

Whether the proposed zoning change is consistent with the goals, objectives, and policies set forth in the adopted comprehensive plan.

2.

An appeal of a denial by the town commission relative to a rezoning or text amendment request is to the circuit court.

3.

No rezoning or text amendment application that has been denied may be resubmitted for the same request for a period of one year from the date of denial.

(Ord. No. 20-03, § 1, 3-9-2020)